Notices. Notice of Closed Meeting

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BILLING CODE 3710-08-M DEPARTMENT OF DEFENSE Department of the Navy Notice of Closed Meeting of the Chief of Naval Operations

(CNO)Executive Panel AGENCY: Department of the Navy, DoD. ACTION: Notice of Closed Meeting. SUMMARY: The CNO Executive Panel will report on the findings and recommendations of the Defense of the Sea Bed Subcommittee to the Chief of Naval Operations. The meeting will consist of discussions of the threats and vulnerabilities of the changing undersea environment, to include the undersea networks of pipelines, cables and sensors. DATES: The meeting will be held on January 30, 2008, from 9 a.m. to 11 p.m. ADDRESSES: The meeting will be held in CNA Corporation Building, 4825 Mark Center Drive, Alexandria, VA 22311, SCIF. FOR FURTHER INFORMATION CONTACT: Mr. Sidney MacArthur, CNO Executive Panel, 4825 Mark Center Drive, Alexandria, VA 22311, tel: 703-681-4907. SUPPLEMENTARY INFORMATION: Pursuant to the provisions of the Federal Advisory Committee Act (5 U.S.C. App. 2), these matters constitute classified information that is specifically authorized by Executive order to be kept secret in the interest of national defense and are, in fact, properly classified pursuant to such Executive order. Accordingly, the Secretary of the Navy has determined in writing that the public interest requires that all sessions of this meeting be closed to the public because they will be concerned with matters listed in section 552b(c)(1) of title 5, United States Code. Individuals or interested groups interested may submit written statements for consideration by the Chief of Naval Operations Executive Panel at any time or in response to the agenda of a scheduled meeting. All requests must be submitted to the Designated Federal Officer at the address detailed below. If the written statement is in response to the agenda mentioned in this meeting notice then the statement, if it is to considered by the Panel for this meeting, must be received at least five days prior to the meeting in question. The Designated Federal Officer will review all timely submissions with the Chief of Naval Operations Executive Panel Chairperson, and ensure they are provided to members of the Chief of Naval Operations Executive Panel before the meeting that is the subject of this notice. To contact the Designated Federal Officer, write to Executive Director, CNO Executive Panel (N00K), 4825 Mark Center Drive, 2nd Floor, Alexandria, VA 22311-1846. Dated: January 2, 2008. T.M. Cruz, Lieutenant, Office of the Judge Advocate General, U.S. Navy, Federal Register Liaison Officer. [FR Doc. E8-25 Filed 1-4-08; 8:45 am] BILLING CODE 3810-FF-P DEPARTMENT OF ENERGY Office of Energy Efficiency and Renewable Energy [Case No. CAC-019] Energy Conservation Program for Commercial Equipment: Publication of the Petition for Waiver From Daikin AC (Americas), Inc. and Granting of the Application for Interim Waiver From the Department of Energy Commercial Package Air Conditioner and Heat Pump Test Procedure AGENCY: Office of Energy Efficiency and Renewable Energy, Department of Energy. ACTION: Notice of petition for waiver, granting of application for interim waiver, and request for comments. SUMMARY: This notice announces receipt of and publishes a Petition for Waiver from Daikin AC (Americas), Inc. (Daikin). The Petition for Waiver (hereafter “Daikin Petition”) requests a waiver of the Department of Energy

(DOE)test procedure applicable to commercial package air-cooled central air conditioners and heat pumps. The waiver request is specific to the Daikin variable speed and variable refrigerant volume (VRV-III) (commercial) multi-split heat pumps and heat recovery systems. Through this document, DOE is:

(1)Soliciting comments, data, and information with respect to the Daikin Petition; and

(2)announcing our determination to grant an Interim Waiver to Daikin from the applicable DOE test procedure for the subject commercial air-cooled, multi-split air conditioners and heat pumps. DATES: DOE will accept comments, data, and information with respect to the Daikin Petition until, but no later than February 6, 2008. ADDRESSES: You may submit comments, identified by case number “CAC-018,” by any of the following methods: • *Federal eRulemaking Portal: http://www.regulations.gov* . Follow the instructions for submitting comments. • *E-mail: Michael.Raymond@ee.doe.gov* . Include either the case number [CAC-019], and/or “Daikin Petition” in the subject line of the message. • *Mail:* Ms. Brenda Edwards-Jones, U.S. Department of Energy, Building Technologies Program, Mailstop EE-2J/1000 Independence Avenue, SW., Washington, DC 20585-0121. Telephone:

(202)586-2945. Please submit one signed original paper copy. • *Hand Delivery/Courier:* Ms. Brenda Edwards-Jones, U.S. Department of Energy, Building Technologies Program, 950 L'Enfant Plaza, SW., Suite 600, Washington, DC 20024. Please submit one signed original paper copy. *Instructions:* All submissions received must include the agency name and case number for this proceeding. Submit electronic comments in WordPerfect, Microsoft Word, Portable Document Format (PDF), or text (American Standard Code for Information Interchange (ASCII)) file format and avoid the use of special characters or any form of encryption. Wherever possible, include the electronic signature of the author. Absent an electronic signature, comments submitted electronically must be followed and authenticated by submitting the signed original paper document. DOE does not accept telefacsimiles (faxes). Any person submitting written comments must also send a copy of such comments to the petitioner, pursuant to 10 CFR 431.401(d). The contact information for the petitioner is: Mr. Russell Tavolacci, Director of Product Marketing, Daikin AC (Americas), Inc., 1645 Wallace Drive, Suite 110, Carrollton, TX 75006. Telephone:

(972)245-1510. E-mail: *Russell.Tavolacci@daikinac.com* . According to 10 CFR 1004.11, any person submitting information that he or she believes to be confidential and exempt by law from public disclosure should submit two copies: One copy of the document including all the information believed to be confidential, and one copy of the document with the information believed to be confidential deleted. DOE will make its own determination about the confidential status of the information and treat it according to its determination. *Docket:* For access to the docket to review the background documents relevant to this matter, you may visit the U.S. Department of Energy, 950 L'Enfant Plaza, SW., (Resource Room of the Building Technologies Program), Washington, DC 20024;

(202)586-2945, between 9 a.m. and 4 p.m., Monday through Friday, except Federal holidays. Available documents include the following items:

(1)This notice;

(2)public comments received;

(3)the Petition for Waiver and Application for Interim Waiver; and

(4)prior DOE rulemakings regarding similar central air conditioning and heat pump equipment. Please call Ms. Brenda Edwards-Jones at the above telephone number for additional information regarding visiting the Resource Room. FOR FURTHER INFORMATION CONTACT: Dr. Michael G. Raymond, U.S. Department of Energy, Building Technologies Program, Mail Stop EE-2J, Forrestal Building, 1000 Independence Avenue, SW., Washington, DC 20585-0121. Telephone:

(202)586-9611. E-mail: *Michael.Raymond@ee.doe.gov.* Ms. Francine Pinto or Mr. Eric Stas, U.S. Department of Energy, Office of the General Counsel, Mail Stop GC-72, Forrestal Building, 1000 Independence Avenue, SW., Washington, DC 20585-0103. Telephone:

(202)586-9507. E-mail: *Francine.Pinto@hq.doe.gov* or *Eric.Stas@hq.doe.gov.* SUPPLEMENTARY INFORMATION: Table of Contents I. Background and Authority II. Petition for Waiver III. Application for Interim Waiver IV. Alternate Test Procedure V. Summary and Request for Comments I. Background and Authority Title III of the Energy Policy and Conservation Act

(EPCA)sets forth a variety of provisions concerning energy efficiency. Part B of Title III provides for the “Energy Conservation Program for Consumer Products Other Than Automobiles.” (42 U.S.C. 6291-6309) Part C of Title III provides for an energy efficiency program entitled “Certain Industrial Equipment,” which is similar to the program in Part B, and which includes commercial air conditioning and heating equipment, packaged boilers, water heaters, and other types of commercial equipment. (42 U.S.C. 6311-6317) This notice involves commercial equipment under Part C. Part C specifically includes definitions (42 U.S.C. 6311), test procedures (42 U.S.C. 6314), labeling provisions (42 U.S.C. 6315), energy conservation standards (42 U.S.C 6313), and the authority to require information and reports from manufacturers (42 U.S.C. 6316). With respect to test procedures, it generally authorizes the Secretary of Energy (the Secretary) to prescribe test procedures that are reasonably designed to produce results which reflect energy efficiency, energy use, and estimated annual operating costs, and that are not unduly burdensome to conduct. (42 U.S.C. 6314(a)(2)) For commercial package air-conditioning and heating equipment, EPCA provides that “the test procedures shall be those generally accepted industry testing procedures or rating procedures developed or recognized by the Air-Conditioning and Refrigeration Institute [ARI] or by the American Society of Heating, Refrigerating and Air-Conditioning Engineers [ASHRAE], as referenced in ASHRAE/IES Standard 90.1 and in effect on June 30, 1992.” (42 U.S.C. 6314(a)(4)(A)) Under 42 U.S.C. 6314(a)(4)(B), the statute further directs the Secretary to amend the test procedure for a covered commercial product if the industry test procedure is amended, unless the Secretary determines that such a modified test procedure does not meet the statutory criteria set forth in 42 U.S.C. 6314(a)(2) and (3). On December 8, 2006, DOE published a final rule adopting test procedures for commercial package air-conditioning and heating equipment, effective January 8, 2007. 71 FR 71340. DOE adopted ARI Standard 340/360-2004, “Performance Rating of Commercial and Industrial Unitary Air-Conditioning and Heat Pump Equipment,” for small and large commercial package air-cooled heat pumps with capacities ≥65,000 Btu/h and <760,000 British thermal units per hour (Btu/h). *Id.* at 71370. Pursuant to this rulemaking, DOE's regulations at 10 CFR 431.95(b)(2) incorporate by reference the relevant ARI Standard, and Table 1 to 10 CFR 431.96 directs manufacturers of commercial package air-cooled air conditioning and heating equipment to use the appropriate procedure when measuring energy efficiency of those products. (The cooling capacities of Daikin's commercial VRV-III multi-split heat pump products range from 72,000 Btu/hr to 240,000 Btu/hr, thereby resulting in these products falling within the range covered by ARI Standard 340/360-2004.) In addition, DOE's regulations contain provisions allowing a person to seek a waiver from the test procedure requirements for covered commercial equipment, for which the petitioner's basic model contains one or more design characteristics which prevent testing according to the prescribed test procedures, or if the prescribed test procedures may evaluate the basic model in a manner so unrepresentative of its true energy consumption as to provide materially inaccurate comparative data. 10 CFR 431.401(a)(1). The waiver provisions for commercial equipment are found at 10 CFR 431.401 and are substantively identical to those for covered consumer products. Petitioners must include in their petition any alternate test procedures known to evaluate the basic model in a manner representative of its energy consumption. 10 CFR 431.401(b)(1)(iii). The Assistant Secretary for Energy Efficiency and Renewable Energy (Assistant Secretary) may grant a waiver subject to conditions, including adherence to alternate test procedures. 10 CFR 431.401(f)(4). In general, a waiver terminates on the effective date of a final rule, published in the **Federal Register** , which prescribes amended test procedures appropriate to the model series manufactured by the petitioner, thereby eliminating any need for the continuation of the waiver. 10 CFR 431.401(g). The waiver process also allows any person who has submitted a Petition for Waiver to file an Application for Interim Waiver of the applicable test procedure requirements. 10 CFR 431.401(a)(2). The Assistant Secretary will grant an Interim Waiver request if it is determined that the applicant will experience economic hardship if the Application for Interim Waiver is denied, if it appears likely that the Petition for Waiver will be granted, and/or the Assistant Secretary determines that it would be desirable for public policy reasons to grant immediate relief pending a determination on the Petition for Waiver. 10 CFR 431.401(e)(3). An Interim Waiver remains in effect for a period of 180 days or until DOE issues its determination on the Petition for Waiver, whichever occurs first, and it may be extended by DOE for an additional 180 days, if necessary. 10 CFR 431.401(e)(4). II. Petition for Waiver On August 31, 2007, Daikin filed a Petition for Waiver from the test procedures at 10 CFR 431.96 which are applicable to commercial package air-cooled heat pumps and an Application for Interim Waiver. As noted above, the applicable test procedure for Daikin's commercial VRV-III multi-split heat pumps is ARI Standard 340/360-2004, which manufacturers are directed to use pursuant to Table 1 of 10 CFR 431.96. The capacities of the Daikin VRV-III multi-split heat pumps range from 72,000 Btu/hr to 240,000 Btu/hr. Accordingly, the applicable test procedure for all these sizes is ARI Standard 340/360-2004. 1 1 Daikin's Petition mistakenly requested a waiver from ARI 210/240-2006. The capacities of the products for which the waiver is requested are not in the range covered by ARI 210/240. ARI 340/360-2004 is the test procedure relevant to the Daikin Petition. Daikin seeks a waiver from the applicable test procedures under 10 CFR 431.96 on the grounds that its VRV-III multi-split heat pumps and heat recovery systems contain design characteristics that prevent testing according to the current DOE test procedures. Specifically, Daikin asserts that the two primary factors that prevent testing of multi-split variable speed products, regardless of manufacturer, are the same factors stated in the waivers that DOE granted to Mitsubishi Electric & Electronics USA, Inc. (Mitsubishi) for a similar line of commercial multi-split air-conditioning systems: • Testing laboratories cannot test products with so many indoor units. • There are too many possible combinations of indoor and outdoor units to test. 69 FR 52661 (August 27, 2004); 72 FR 17528 (April 9, 2007); 72 FR 71383 (December 17, 2007); 72 FR 71387 (December 17, 2007). Further, Daikin states that its VRV-III indoor units have nine different indoor static pressure ratings, and the test procedure does not provide for operation of indoor units at several different static pressure ratings during a single test. The indoor units are designed to operate at many different external static pressure values, which compounds the difficulty of testing. The number of connectable indoor units for each outdoor unit ranges up to 64. A testing facility could not manage proper airflow at several different external static pressure values to the many indoor units that would be connected to a VRV-III outdoor unit. Daikin further states that its VRV-III products' capability to perform simultaneous heating and cooling is not captured by the DOE test procedure. This is true, but not relevant. DOE is required by EPCA to use the full-load descriptor EER for these products, and simultaneous heating and cooling does not occur when operating at full load. Accordingly, Daikin requests that DOE grant a waiver from the applicable test procedures for its VRV-III product designs, until a suitable test method can be prescribed. DOE believes that there is no substantive difference between the Mitsubishi and Daikin equipment which would preclude it from granting the same waiver to both. Furthermore, Daikin states that failure to grant the waiver would result in economic hardship because it would prevent the company from marketing its VRV-III products. Also, Daikin states that it is willing to work closely with DOE, ARI, and other agencies to develop appropriate test procedures, as necessary. III. Application for Interim Waiver On August 31, 2007, in addition to its Petition for Waiver, Daikin submitted to DOE an Application for Interim Waiver. Daikin's Application for Interim Waiver does not provide sufficient information to evaluate the level of economic hardship Daikin will likely experience if its Application for Interim Waiver is denied. However, in those instances where the likely success of the Petition for Waiver has been demonstrated, based upon DOE having granted a waiver for similar product designs, it is in the public interest to have similar products tested and rated for energy consumption on a comparable basis. DOE has previously granted Interim Waivers to Mitsubishi, Fujitsu, and Samsung for comparable commercial multi-split air conditioners and heat pumps. 72 FR 17533 (April 9, 2007), 70 FR 5980 (Feb. 4, 2005), 70 FR 9629 (Feb. 28, 2005), respectively. Moreover, as noted above, DOE approved the Petition for Waiver from Mitsubishi, Fujitsu, and Samsung for their comparable lines of multi-split air conditioners and heat pumps. 72 FR 17528 (April 9, 2007); 72 FR 71383 (Dec. 17, 2007); 72 FR 71387 (Dec. 17, 2007). The two principal reasons for granting the waivers also apply to Daikin's VRV-III products:

(1)Test laboratories cannot test products with so many indoor units 2 ; and

(2)it is impractical to test so many combinations of indoor units with each outdoor unit. Thus, DOE has determined that it is likely that Daikin's Petition for Waiver will be granted for its new VRV-III multi-split models. Therefore, *it is ordered that:* 2 According to the Daikin petition, up to 64 indoor units are possible candidates for testing of its commercial package multi-split heat pump and heat recovery systems. However, DOE believes that the practical limits for testing would be about five units. The Application for Interim Waiver filed by Daikin is hereby granted for Daikin's VRV-III air-cooled multi-split central air conditioning heat pumps, subject to the specifications and conditions below. The Interim Waiver applies to the following models: 1. Daikin shall not be required to test or rate its VRV-III commercial air-cooled multi-split products on the basis of the currently applicable test procedure under 10 CFR 431.96, which incorporates by reference ARI Standard 340/360-2004. 2. Daikin shall be required to test and rate its VRV-III commercial air-cooled multi-split products according to the alternate test procedure as set forth in section IV(3), “Alternate test procedure.” *VRV-III Series Outdoor Units:* *460V/3-phase/60Hz Models:* ○ Heat Pump models RXYQ72PYDN, RXYQ96PYDN, RXYQ120PYDN, RXYQ144PYDN, RXYQ168PYDN, RXYQ192PYDN, RXYQ216PYDN, RXYQ240PYDN with nominally rated cooling capacities of 72,000, 96,000, 120,000, 144,000, 168,000, 192,000, 216,000, and 240,000, respectively. ○ Heat Recovery models REYQ72PYDN, REYQ96PYDN, REYQ120PYDN, REYQ144PYDN (2x REMQ72PYDN), REYQ168PYDN (1x REMQ96PYDN + 1x REMQ72PYDN), REYQ192PYDN (1x REMQ120PYDN + 1x REMQ72PYDN), REYQ216PYDN (1x REMQ120PYDN + 1x REMQ96PYDN), REYQ240PYDN (2x REMQ120PYDN) with nominally rated cooling capacities of 72,000, 96,000, 120,000, 144,000, 168,000, 192,000, 216,000, and 240,000 respectively. *208-230V/3-phase/60Hz Models:* ○ Heat Pump models RXYQ72PTJU, RXYQ96PTJU, RXYQ120PTJU, RXYQ144PTJU, RXYQ168PTJU, RXYQ192PTJU, RXYQ216PTJU, RXYQ240PTJU with nominally rated cooling capacities of 72,000, 96,000, 120,000, 144,000, 168,000, 192,000, 216,000, and 240,000 respectively. ○ Heat Recovery models REYQ72PTJU, REYQ96PTJU, REYQ120PTJU, REYQ144PTJU, REYQ168PTJU (1x REMQ96PTJU + 1x REMQ72PTJU), REYQ192PTJU (1x REMQ120PTJU + 1x REMQ72PTJU), REYQ216PTJU (1x REMQ120PTJU + 1x REMQ96PTJU), REYQ240PTJU (2x REMQ120PTJU) with nominally rated cooling capacities of 72,000, 96,000, 120,000, 144,000, 168,000, 192,000, 216,000, and 240,000 respectively. Compatible Indoor Units for Above-Listed Outdoor Units: ○ FXAQ Series all mounted indoor units with nominally rated capacities of 7,500, 9,500, 12,000, 18,000 and 24,000 BTU/Hr. ○ FXLQ Series floor mounted indoor units with nominally rated capacities of 7,500, 9,500, 12,000, 18,000 and 24,000 BTU/Hr. ○ FXNQ Series concealed floor mounted indoor units with nominally rated capacities of 7,500, 9,500, 12,000, 18,000 and 24,000 BTU/Hr. ○ FXDQ Series low static ducted indoor units with nominally rated capacities of 7,500, 9,500, 12,000, 18,000 and 24,000 BTU/Hr. ○ FXSQ Series medium static ducted indoor units with nominally rated capacities of 7,500, 9,500, 12,000, 18,000, 24,000, 30,000, 36,000, 48,000, 72,000 and 96,000 BTU/Hr. ○ FXMQ Series high static ducted indoor units with nominally rated capacities of 18,000, 24,000, 30,000, 36,000 48,000, 72,000 and 96,000 BTU/Hr. ○ FXZQ Series recessed cassette indoor units with nominally rated capacities of 7,500, 9,500, 12,000, 15,000 and 18,000 BTU/Hr. ○ FXFQ Series recessed cassette indoor units with nominally rated capacities of 12,000, 18,000, 24,000, 30,000 and 36,000 BTU/Hr. ○ FXHQ Series ceiling suspended indoor units with nominally rated capacities of 12,000, 24,000 and 36,000 BTU/Hr. ○ FXOQ Series ceiling suspended indoor units with nominally rated capacities of 12,000, 18,000, 24,000, 30,000, 36,000, 42,000 and 48,000 BTU/Hr. ○ FXMQ-MF Series concealed ducted indoor units with nominally rated capacities of 48,000, 72,000, and 96,000 BTU/Hr. This Interim Waiver is conditioned upon the presumed validity of statements, representations, and documents provided by the petitioner. DOE may revoke or modify this Interim Waiver at any time upon a determination that the factual basis underlying the Petition for Waiver is incorrect, or upon a determination that the results from the alternate test procedure are unrepresentative of the basic models' true energy consumption characteristics. IV. Alternate Test Procedure In response to two recent Petitions for Waiver from Mitsubishi, DOE specified an alternate test procedure to provide a basis from which Mitsubishi could test and make valid energy efficiency representations for its R410A CITY MULTI products, as well as for its R22 multi-split products. Alternate test procedures related to the Mitsubishi petitions were published in the **Federal Register** on April 9, 2007. 72 FR 17528; 72 FR 17533. In general, DOE understands that existing testing facilities have a limited ability to test multiple indoor units at one time, and the number of possible combinations of indoor and outdoor units for some variable refrigerant flow zoned systems is impractical to test. We further note that subsequent to the waiver that DOE granted for Mitsubishi's R22 multi-split products, ARI formed a committee to discuss the issue and to work on developing an appropriate testing protocol for variable refrigerant flow systems. However, to date, no additional test methodologies have been adopted by the committee or submitted to DOE. The ARI committee has considered a draft ISO methodology, ISO CD 15042, for multi-split systems. However, it contains no guidance that would affect this waiver. Therefore, as discussed below, DOE is including a similar alternate test procedure as a condition in granting the Interim Waiver for Daikin's products, and plans to consider the same alternate test procedure in the context of the subsequent Decision and Order pertaining to Daikin's Petition for Waiver. Utilization of this alternate test procedure will allow Daikin to test and make energy efficiency representations for its VRV-III products. More broadly, DOE is also considering applying a similar alternate test procedure to other existing waivers for similar residential and commercial central air conditioners and heat pumps. Such cases include Samsung's Petition for Waiver for its multi-split products at 72 FR 71387 (Dec. 17, 2007), and Fujitsu's Petition for Waiver for its multi-split products at 72 FR 71383 (Dec. 17, 2007). As noted above, the alternate test procedure has been applied to Mitsubishi's Petition for Waiver for its R410A CITY MULTI and R22 and R410A multi-split products. 72 FR 17528 (April 9, 2007). DOE believes that an alternate test procedure is needed so that manufacturers of such products can make valid and consistent representations of energy efficiency for their air-conditioning and heat pump products. In the present case, DOE is modifying the alternate test procedure taken from the above-referenced waiver granted to Mitsubishi for its R410A and R22 CITY MULTI products, and plans to consider inclusion of the following similar waiver language in the Decision and Order for Daikin's VRV-III commercial multi-split air-cooled heat pump models:

(1)The “Petition for Waiver” filed by Daikin AC (Americas), Inc. is hereby granted as set forth in the paragraphs below.

(2)Daikin shall not be required to test or rate its VRV-III variable refrigerant volume multi-split heat pump products listed above in section III, on the basis of the currently applicable test procedures, but shall be required to test and rate such products according to the alternate test procedure as set forth in paragraph (3).

(3)*Alternate test procedure.*

(A)Daikin shall be required to test the products listed in section III above according to the test procedures for central air conditioners and heat pumps prescribed by DOE at 10 CFR 431.96, except that Daikin shall test a “tested combination” selected in accordance with the provisions of subparagraph

(B)of this paragraph. For every other system combination using the same outdoor unit as the tested combination, Daikin shall make representations concerning the VRV-III products covered in this waiver according to the provisions of subparagraph

(C)below.

(B)*Tested combination* means a multi-split system with multiple indoor coils having the following features:

(1)The basic model of a system used as a tested combination shall consist of one outdoor unit, with one or more compressors, that is matched with between 2 and 5 indoor units; for multi-split systems, each of these indoor units shall be designed for individual operation.

(2)The indoor units shall—

(i)Represent the highest sales model family, or another indoor model family if the highest sales model family does not provide sufficient capacity (see ii);

(ii)Together, have a nominal capacity that is between 95% and 105% of the nominal capacity of the outdoor unit;

(iii)Not, individually, have a capacity that is greater than 50% of the nominal capacity of the outdoor unit;

(iv)Operate at fan speeds that are consistent with the manufacturer's specifications; and

(v)All be subject to the same minimum external static pressure requirement while being configurable to produce the same static pressure at the exit of each outlet plenum when manifolded as per section 2.4.1 of 10 CFR Part 430, Subpart B, Appendix M.

(C)*Representations.* In making representations about the energy efficiency of its VRV-III variable speed and variable refrigerant volume air-cooled multi-split heat pump and heat recovery system products, for compliance, marketing, or other purposes, Daikin must fairly disclose the results of testing under the DOE test procedure, doing so in a manner consistent with the provisions outlined below:

(i)For VRV-III combinations tested in accordance with this alternate test procedure, Daikin must disclose these test results.

(ii)For VRV-III combinations that are not tested, Daikin must make a disclosure based on the testing results for the tested combination and which is consistent with either of the two following methods, except that only method

(a)may be used, if available:

(a)Representation of non-tested combinations according to an Alternative Rating Method

(ARM)approved by DOE; or

(b)Representation of non-tested combinations at the same energy efficiency level as the tested combination with the same outdoor unit. V. Summary and Request for Comments Through today's notice, DOE announces receipt of the Daikin Petition for Waiver from the test procedures applicable to Daikin's VRV-III commercial multi-split heat pump products, and for the reasons articulated above, DOE is granting Daikin an Interim Waiver from those procedures. As part of this notice, DOE is publishing Daikin's Petition for Waiver in its entirety. The Petition contains no confidential information. Furthermore, today's notice includes an alternate test procedure that Daikin is required to follow as a condition of its Interim Waiver and that DOE is considering including in its subsequent Decision and Order. In this alternate test procedure, DOE is defining a “tested combination” which Daikin could use in lieu of testing all retail combinations of its VRV-III multi-split heat pump products. Furthermore, should a subsequent manufacturer be unable to test all retail combinations, DOE is considering allowing such manufacturers to rate waived products according to an ARM approved by DOE, or to rate waived products the same as the specified tested combination with the same outdoor unit. DOE is also considering applying a similar alternate test procedure to other comparable Petitions for Waiver for residential and commercial central air conditioners and heat pumps. Such cases include Samsung's Petition for Waiver for its Digital Variable Multi

(DVM)products at 72 FR 71387 (Dec. 17, 2007), and Fujitsu's Petition for Waiver for its Airstage variable refrigerant flow products at 72 FR 71383 (Dec. 17, 2007). DOE is interested in receiving comments on the issues addressed in this notice. Pursuant to 10 CFR 431.401(d), any person submitting written comments must also send a copy of such comments to the petitioner, whose contact information is included in the section entitled ADDRESSES section above. Issued in Washington, DC, on December 27, 2007. Alexander A. Karsner, Assistant Secretary, Energy Efficiency and Renewable Energy. August 31, 2007. Mr. Alexander Karsner, Assistant Secretary for Energy Efficiency and Renewable Energy, U.S. Department of Energy, 1000 Independence Ave, SW., Washington, DC 20585-0121. Re: Petition for Waiver of Test Procedure Dear Assistant Secretary Karsner: Daikin AC (Americas) Inc.

(DACA)respectfully petitions the Department of Energy

(DOE)pursuant to 10 CFR. §§ 430.27(a)(1) and 431.401(a)(1) for waivers of the test procedures applicable to residential and commercial package air conditioners and heat pumps, as established in ARI Standard 210/240-2006 and ARI Standard 340/360-2004, 1 for DACA's variable speed compressor driven air-cooled multi-split systems for combinations exceeding two indoor units to a single outdoor unit. The specific systems for which DACA requests these waivers are in DACA's VRV-III product classes. The specific models subject to the waiver requests are listed below. The basis for DACA's requests is that the basic model contains design criteria that prevent testing of the basic models according to the prescribed test procedures. We are simultaneously requesting an interim waiver for the same systems pursuant to 10 CFR §§ 430.27(a)(2) and 431.401(a)(2). 1 Detailed citations to the test procedures for which DACA is requesting a waiver are included on page 4 of this petition. Particular Basic Models for Which a Waiver Is Requested DACA requests a waiver from the test procedures for the following particular basic models: VRV-III • VRV III Series Outdoor Units: 460V/3-phase/60Hz Models: Heat Pump models RXYQ72PYDN, RXYQ96PYDN, RXYQ120PYDN, RXYQ144PYDN, RXYQ168PYDN, RXYQ192PYDN, RXYQ216PYDN, RXYQ240PYDN with nominally rated cooling capacities of 72,000, 96,000, 120,000, 144,000, 168,000, 192,000, 216,000, and 240,000, respectively. Heat Recovery models REYQ72PYDN, REYQ96PYDN, REYQ120PYDN, REYQ144PYDN (2x REMQ72PYDN), REYQ168PYDN (1x REMQ96PYDN + 1x REMQ72PYDN), REYQ192PYDN (1x REMQ120PYDN + 1x REMQ72PYDN), REYQ216PYDN (1x REMQ120PYDN + 1x REMQ96PYDN), REYQ240PYDN (2x REMQ120PYDN) with nominally rated cooling capacities of 72,000, 96,000, 120,000, 144,000, 168,000, 192,000, 216,000, and 240,000, respectively. 208-230V/3-phase/60Hz Models: Heat Pump models RXYQ72PTJU, RXYQ96PTJU, RXYQ120PTJU, RXYQ144PTJU, RXYQ168PTJU, RXYQ192PTJU, RXYQ216PTJU, RXYQ240PTJU with nominally rated cooling capacities of 72,000, 96,000, 120,000, 144,000, 168,000, 192,000, 216,000, and 240,000, respectively. Heat Recovery models REYQ72PTJU, REYQ96PTJU, REYQ120PTJU, REYQ144PTJU, REYQ168PTJU (1x REMQ96PTJU + 1x REMQ72PTJU), REYQ192PTJU (1x REMQ120PTJU + 1x REMQ72PTJU), REYQ216PTJU (1x REMQ120PTJU + 1x REMQ96PTJU), REYQ240PTJU (2x REMQ120PTJU) with nominally rated cooling capacities of 72,000, 96,000, 120,000, 144,000, 168,000, 192,000, 216,000, and 240,000, respectively. • Compatible Indoor Units for Above Listed Outdoor Units: FXAQ Series all mounted indoor units with nominally rated capacities of 7,500, 9,500, 12,000, 18,000 and 24,000 BTU/Hr. FXLQ Series floor mounted indoor units with nominally rated capacities of 7,500, 9,500, 12,000, 18,000 and 24,000 BTU/Hr. FXNQ Series concealed floor mounted indoor units with nominally rated capacities of 7,500, 9,500, 12,000, 18,000 and 24,000 BTU/Hr. FXDQ Series low static ducted indoor units with nominally rated capacities of 7,500, 9,500, 12,000, 18,000 and 24,000 BTU/Hr. FXSQ Series medium static ducted indoor units with nominally rated capacities of 7,500, 9,500, 12,000, 18,000, 24,000, 30,000, 36,000, 48,000, 72,000 and 96,000 BTU/Hr. FXMQ Series high static ducted indoor units with nominally rated capacities of 18,000, 24,000, 30,000, 36,000 48,000, 72,000 and 96,000 BTU/Hr. FXZQ Series recessed cassette indoor units with nominally rated capacities of 7,500, 9,500, 12,000, 15,000 and 18,000 BTU/Hr. FXFQ Series recessed cassette indoor units with nominally rated capacities of 12,000, 18,000, 24,000, 30,000 and 36,000 BTU/Hr. FXHQ Series ceiling suspended indoor units with nominally rated capacities of 12,000, 24,000 and 36,000 BTU/Hr. FXOQ Series ceiling suspended indoor units with nominally rated capacities of 12,000, 18,000, 24,000, 30,000, 36,000, 42,000 and 48,000 BTU/Hr. FXMQ-MF Series concealed ducted indoor units with nominally rated capacities of 48,000, 72,000, and 96,000 BTU/Hr. The indoor units listed above are also compatible with Daikin's VRV, VRV-S and VRV-WII product lines covered in separate waiver applications. Design Characteristics Constituting the Grounds for DACA's Petition DACA's VRV-III product offerings consist of multiple indoor units being connected to one or more air-cooled outdoor units. The indoor units for these products are available in a very large number of potential configurations, including but not limited to the following: 4-Way Cassette, Ceiling Concealed, Wall Mounted, Ceiling Suspended, and Floor Standing. Each of these units has nine different indoor static pressure ratings as standard, with addition pressure ratings available. There are over one million combinations possible with the DACA VRV-III product offerings. It is completely impractical for testing laboratories to test a product such as the VRV-III with multiple indoor units because of the astronomical number of potential system configurations. DACA's VRV-III products share many of the design characteristics and features of similar equipment for which DOE has already approved either interim waivers or waivers, including DACA's VRV and VRV-S product lines, and Mitsubishi Electric and Electronics USA, Inc.'s

(MEUS)CITY MULTI product class. 3 The same testing constraints and limitations apply to all of these products. 3 DOE granted DACA an interim waiver for its VRV and VRV-S product lines in a letter dated August 14, 2006, and DOE renewed this interim waiver on July 2, 2007 (72 FR 35,986). DOE granted MEUS a waiver for its CITY MULTI VRFZ class of products. 69 FR 52,660 (August 27, 2004). The DOE relied on similar rationales to grant MEUS' petition for waiver and DACA's interim waiver. DOE stated the following in its August 14, 2006 letter to DACA granting an interim waiver: A waiver for a similar type of variable refrigerant flow zoned central air conditioner [i.e., similar to the DACA VRV, VRV-S and VRV-III products] was requested by MEUS. DOE decided to grant the waiver, based on the difficulty of testing the products. There are two major testing problems:

(1)test laboratories cannot test products with so many indoor units (up to sixteen); and

(2)there are too many possible combinations of indoor and outdoor units—only a small fraction of the combinations could be tested. DOE also noted in its August 14, 2006 interim waiver approval, and in its July 2, 2007 renewal for DACA's VRV and VRV-S products that “[w]aivers for similar products have already been granted to * * * Samsung, and Fujitsu General * * *.” After reviewing its previously granted waivers for similar products under the same rationale in its August 14, 2006 letter, DOE concluded that DACA's VRV and VRV-S systems “will likely suffer the same testing problems that prompted DOE to grant MEUS a waiver.” DOE continued by saying that “[w]ith up to eleven indoor units of nine different types, thousands of combinations are possible, and it would not be practicable to test so many combinations [of DACA's VRV and VRV-S product class].” Based on these conclusions, the DOE proceeded to grant DACA's interim waiver request, Id., and DOE then renewed this interim waiver on the same basis. 72 FR 35,986 (July 2, 2007). The DACA VRV-III system operates in the same configurations as the VRV and VRV-S models for which DOE previously granted an interim waiver. The reasons and rationale that DOE has already articulated to support the previous DACA, MEUS, Sanyo, and Fujitsu waivers for multi-split, multi-zoned air conditioners also apply to the DACA VRV-III products. Therefore, DOE should conclude that the design characteristics of DACA's VRV-III product classes prevent testing of these basic models according to the prescribed test procedures. Specific Testing Requirements Sought To Be Waived The test procedures from which DACA is requesting a waiver are ARI Standards 210/240-2006 and 340/360-2004. ARI Standard 210/240-2006, which is applicable to small commercial packaged air conditioning and heating equipment with a capacity of <65,000 Btu/hr, is referenced in Table 1 to 10 CFR § 431.96, and is made applicable to DACA's small commercial VRV-III products in 10 CFR § 431.96(a). ARI Standard 340/360-2004, which is applicable to large commercial and industrial unitary air conditioning and heat pump equipment with a capacity of ≥65,000 Btu/hr to <240,000 Btu/hr, is referenced in Table 2 to 10 CFR § 431.96, and is made applicable to DACA's large commercial VRV-III products in 10 CFR § 431.96(a). Detailed Discussion of Need for Requested Waiver Although the capacity of DACA's VRV-III small and large commercial air conditioning product class are within the scope of ARI Standard 210/240-2006 and ARI 340/360-2004, the design characteristics of these product classes prevent testing of the basic model according to the prescribed test procedures. The testing procedures outlined in these two ARI standards do not provide for: • The testing of multi-split products when all connected indoor units physically cannot be located in a single room. • The operation of indoor units at several different static pressure ratings during a single test. • The precise number of part load tests that ARI Standard 340/360-2004 requires for fully or infinitely variable speed products. DACA especially requires the requested waiver because ARI Standard 210/240-2006 and ARI Standard 340/360-2004 provide no direction or guidance about how to test systems with millions of combinations of indoor units configurable to a single outdoor unit. A further reason that DACA needs the requested waiver is that ARI Standard 210/240-2006 and ARI Standard 340/360-2004 do not provide a test method to measure part load performance of a system operating in simultaneous cooling and heating modes (i.e., performing both heating and cooling functions at the same time). Another problem that prevents testing of the VRV-III product classes under these ARI standards, and another major reason why DACA requires the requested waiver, is the wide variety of indoor unit static pressure ratings available with these and other multi-split products. Testing facilities cannot effectively control multiple indoor static pressures as would be required to test many of the indoor unit combinations available. To accomplish such testing, a testing lab would be required to use a large number of test rooms simultaneously, and each test room would have to be networked into the data recording instrumentation. Also, extensive piping configurations would need to be routed throughout the various test rooms. This process would be extraordinarily expensive, and the logistical challenges presented by the testing might be insurmountable. Manufacturers of Other Basic Models Incorporating Similar Design Characteristics DACA is aware of the following manufacturers that produce basic models incorporating similar design characteristics to the VRV-III in the United States market: • Fujitsu General • Sanyo Fisher

(USA)Corp. • Mitsubishi Electric & Electronics USA, Inc. Alternative Test Procedures There are no alternative test procedures available within the United States to provide a means to test and to rate the performance of such variable speed, multi-split, multi-zone product types. A draft ISO standard (ISO CD 15042 Multi-Split Systems) is nearing completion and is expected to soon be distributed as a Draft International Ballot for comments. The Engineering Committee of ARI's Ductless Section is currently working on a new draft standard to provide testing and rating of such systems, but ARI has not adopted a new standard and test method for this category of equipment as of this date. Application for Interim Waiver DACA also hereby applies pursuant to 10 CFR § 431.401(a)(2) for an interim waiver of the applicable test procedure requirements for its VRV-III product class models listed above. The basis for DACA's Application for Interim Waiver follows. DACA is likely to succeed in its Petition for Waiver because there is no reasonable argument that ARI Standards 210/240-2006 and 340/360-2004 can be properly applied to DACA's VRV-III product classes. As explained above in the DACA's Petition for Waiver, the design characteristics of the VRV-III product classes clearly prevent testing of the basic model according to the prescribed test procedures. The likelihood of DOE approving DACA's Petition for Waiver is buttressed by the DOE's history of approving previous waiver requests from DACA and from several other manufacturers for other products that are similar to the VRV-III product classes, based on the same rationale put forth by DACA in this Petition for Waiver. See preceding discussion of waivers granted by DOE to DACA, MEUS, Fujitsu General, and Sanyo Fisher

(USA)Corp., 1690 Roberts Blvd., Suite 110, Kennesaw, GA 30144, Attn: Gary Nettinger, Vice President, Technical and Service. Mitsubishi Electric & Electronics USA, Inc., 4300 Lawrenceville-Suwanee Road, Suwanee, GA 30024, Attn: William Rau, Senior Vice President and General Manager. Dated August 31, 2007. Yoshinobu Inoue, President, Daikin AC (Americas), Inc., 1645 Wallace Drive, Suite 110, Carrollton, Texas 75006. [FR Doc. E8-12 Filed 1-4-08; 8:45 am] BILLING CODE 6450-01-P DEPARTMENT OF ENERGY Environmental Management Site-Specific Advisory Board, Hanford AGENCY: Department of Energy. ACTION: Notice of open meeting. SUMMARY: This notice announces a meeting of the Environmental Management Site-Specific Advisory Board (EM SSAB), Hanford. The Federal Advisory Committee Act (Pub. L. No. 92-463, 86 Stat. 770) requires that public notice of this meeting be announced in the **Federal Register** . DATES: Thursday, February 7, 2008, 9 a.m.-5 p.m; Friday, February 8, 2008, 8:30 a.m.-4 p.m. ADDRESSES: Columbia Basin College, Byron Gjerde Center, 2600 North 20th Avenue, Pasco, Washington 99301, *Phone:*

(509)547-0511, *Fax:*

(509)544-2023. FOR FURTHER INFORMATION CONTACT: Erik Olds, Federal Coordinator, Department of Energy Richland Operations Office, 2440 Stevens Drive, P.O. Box 450, H6-60, Richland, WA 99352; Phone:

(509)372-8656; or E-mail: *Theodore_E_Erik_Olds@orp.doe.gov.* SUPPLEMENTARY INFORMATION: *Purpose of the Board:* The purpose of the Board is to make recommendations to DOE in the areas of environmental restoration, waste management, and related activities. *Tentative Agenda:* • Discussion on Hanford's Fiscal Year 2008-2010 Budget. • Tank Closure and Waste Management Environmental Impact Statement. • Black Rock Environmental Impact Statement. • Briefing on the State of the Columbia River Report. • Briefing on the Technology Road Map. • Discussion on the upcoming EM SSAB Meeting in Hanford on April 22-24, 2008. • Hanford Advisory Board Self Evaluation. • Hanford Advisory Board Process Manua. • Hanford Advisory Board Budget. • Committee Updates, including Tank Waste Committee, River and Plateau Committee, Health, Safety and Environmental Protection Committee, Public Involvement Committee, and Budgets and Contracts Committee. *Public Participation:* The meeting is open to the public. Written statements may be filed with the Board either before or after the meeting. Individuals who wish to make oral statements pertaining to agenda items should contact Erik Olds' office at the address or telephone number listed above. Requests must be received five days prior to the meeting and reasonable provision will be made to include the presentation in the agenda. The Deputy Designated Federal Officer is empowered to conduct the meeting in a fashion that will facilitate the orderly conduct of business. Individuals wishing to make public comments will be provided a maximum of five minutes to present their comments. *Minutes:* Minutes will be available by writing or calling Erik Olds' office at the address or phone number listed above. Minutes will also be available at the following Web site *http://www.hanford.gov/?page=413&parent=397* . Issued at Washington, DC on December 31, 2007. Rachel Samuel, Deputy Committee Management Officer. [FR Doc. E8-14 Filed 1-4-08; 8:45 am] BILLING CODE 6450-01-P DEPARTMENT OF ENERGY Office of Energy Efficiency and Renewable Energy [Case No. CAC-018] Energy Conservation Program for Certain Industrial Equipment: Publication of the Petition for Waiver From Daikin AC (Americas), Inc. and Granting of the Application for Interim Waiver From the Department of Energy Commercial Package Water-Source Air Conditioner and Heat Pump Test Procedure AGENCY: Office of Energy Efficiency and Renewable Energy, Department of Energy. ACTION: Notice of petition for waiver, granting of application for interim waiver, and request for comments. SUMMARY: This notice announces receipt of and publishes a Petition for Waiver from Daikin AC (Americas), Inc. (Daikin). The Petition for Waiver (hereafter “Daikin Petition”) requests a waiver of the Department of Energy

(DOE)test procedure applicable to commercial package water-source air conditioners and heat pumps. The waiver request is specific to the Daikin Variable Speed and Variable Refrigerant Volume VRV-WII (commercial) multi-split water-source heat pumps and heat recovery systems. Through this document, DOE is:

(1)Soliciting comments, data, and information with respect to the Daikin Petition; and

(2)announcing our determination granting an Interim Waiver to Daikin from the applicable DOE test procedure for commercial water-source air conditioners and heat pumps. DATES: DOE will accept comments, data, and information with respect to the Daikin Petition until, but no later than February 6, 2008. ADDRESSES: You may submit comments, identified by case number [CAC-018], by any of the following methods: • *Federal eRulemaking Portal: http://www.regulations.gov.* Follow the instructions for submitting comments. • *E-mail: Michael.Raymond@ee.doe.gov.* Include either the case number [CAC-018], and/or “Daikin Petition” in the subject line of the message. • *Mail* : Ms. Brenda Edwards-Jones, U.S. Department of Energy, Building Technologies Program, Mailstop EE-2J, Forrestal Building, 1000 Independence Avenue, SW., Washington, DC 20585-0121. Telephone:

(202)586-2945. Please submit one signed original paper copy. • *Hand Delivery/Courier:* Ms. Brenda Edwards-Jones, U.S. Department of Energy, Building Technologies Program, 950 L'Enfant Plaza SW., Suite 600, Washington, DC 20024. Please submit one signed original paper copy. *Instructions:* All submissions received must include the agency name and case number for this proceeding. Submit electronic comments in WordPerfect, Microsoft Word, Portable Document Format (PDF), or text (American Standard Code for Information Interchange (ASCII)) file format, and avoid the use of special characters or any form of encryption. Wherever possible, include the electronic signature of the author. Absent an electronic signature, comments submitted electronically must be followed and authenticated by submitting the signed original paper document. DOE does not accept telefacsimiles (faxes). Any person submitting written comments must also send a copy of such comments to the petitioner, pursuant to 10 CFR 431.401(d). The contact information for the petitioner is: Mr. Russell Tavolacci, Director of Product Marketing, Daikin AC (Americas), Inc., 1645 Wallace Drive, Suite 110, Carrollton, TX 75006. Telephone:

(972)245-1510. E-mail: *Russell.Tavolacci@daikinac.com.* According to 10 CFR 1004.11, any person submitting information that he or she believes to be confidential and exempt by law from public disclosure should submit two copies: one copy of the document including all the information believed to be confidential, and one copy of the document with the information believed to be confidential deleted. DOE will make its own determination about the confidential status of the information and treat it according to its determination. *Docket:* For access to the docket to review the documents relevant to this matter, you may visit the U.S. Department of Energy, Resource Room of the Building Technologies Program, 950 L'Enfant Plaza SW, Suite 600, Washington, DC, 20024;

(202)586-2945, between 9 a.m. and 4 p.m., Monday through Friday, except Federal holidays. Available documents include the following items:

(1)This notice;

(2)public comments received;

(3)the Petition for Waiver and Application for Interim Waiver; and

(202)586-9507. E-mail: *Francine.Pinto@hq.doe.gov or Eric.Stas@hq.doe.gov.* SUPPLEMENTARY INFORMATION: Table of Contents I. Background and Authority II. Petition for Waiver III. Application for Interim Waiver IV. Alternate Test Procedure V. Summary and Request for Comments I. Background and Authority Title III of the Energy Policy and Conservation Act

(ISO)Standard 13256-1 (1998), “Water-source heat pumps—Testing and rating for performance: Part 1-Water-to-air and brine-to-air heat pumps” for small commercial package water-source heat pumps with capacities <135,000 British thermal units per hour (Btu/h). *Id.* at 71371. DOE's regulations at 10 CFR 431.95(b)(3) incorporate by reference the relevant ISO standard, and Table 1 to 10 CFR 431.96 directs manufacturers of commercial package water-source air conditioning and heating equipment to use the appropriate procedure when measuring energy efficiency of those products. (The cooling capacities of Daikin's commercial water-source multi-split heat pump products range from 60,000 Btu/hr to 252,000 Btu/hr, thereby resulting in many of these products falling in the range covered by ISO Standard 13256-1 (1998).) In addition, DOE's regulations contain provisions allowing a person to seek a waiver from the test procedure requirements for covered commercial equipment, for which the petitioner's basic model contains one or more design characteristics which prevent testing according to the prescribed test procedures, or if the prescribed test procedures may evaluate the basic model in a manner so unrepresentative of its true energy consumption as to provide materially inaccurate comparative data. 10 CFR 431.401(a)(1). The waiver provisions for commercial equipment found at 10 CFR 431.401 are substantively identical to those for covered consumer products. Petitioners must include in their petition any alternate test procedures known to evaluate the basic model in a manner representative of its energy consumption. 10 CFR 431.401(b)(1)(iii). The Assistant Secretary for Energy Efficiency and Renewable Energy (Assistant Secretary) may grant a waiver subject to conditions, including adherence to alternate test procedures. 10 CFR 431.401(f)(4). In general, a waiver terminates on the effective date of a final rule, published in the **Federal Register** , which prescribes amended test procedures appropriate to the model series manufactured by the petitioner, thereby eliminating any need for the continuation of the waiver. 10 CFR 431.401(g). The waiver process also allows any person who has submitted a Petition for Waiver to file an Application for Interim Waiver of the applicable test procedure requirements. 10 CFR 431.401(a)(2). The Assistant Secretary will grant an Interim Waiver request if it is determined that the applicant will experience economic hardship if the Application for Interim Waiver is denied, if it appears likely that the Petition for Waiver will be granted, and/or the Assistant Secretary determines that it would be desirable for public policy reasons to grant immediate relief pending a determination on the Petition for Waiver. 10 CFR 431.401(e)(3). An Interim Waiver remains in effect for a period of 180 days or until DOE issues its determination on the Petition for Waiver, whichever occurs first, and may then be extended by DOE for an additional 180 days, if necessary. 10 CFR 431.401(e)(4). II. Petition for Waiver On January 22, 2007, Daikin filed a Petition for Waiver from the test procedures at 10 CFR 431.96 which are applicable to commercial package water-source heat pumps and an Application for Interim Waiver. As noted above, the applicable test procedure for Daikin's commercial VRV-WII multi-split heat pumps is ISO Standard 13256-1 (1998), which manufacturers are directed to use pursuant to Table 1 of 10 CFR 431.96. The capacities of the Daikin VRV-WII multi-split heat pumps range from 60,000 Btu/hr to 252,000 Btu/hr. DOE notes that the Daikin 60,000 Btu/hr unit is residential in size, but because it is being marketed and sold for commercial use, it is considered a commercial product. Accordingly, the appropriate test procedure is the same as for two other outdoor units with capacities less than 135,000 Btu/hr, ISO 13256-1 (1998). DOE further notes that Daikin also requested a waiver for four outdoor units with capacities greater than 135,000 Btu/hr, but because DOE does not have a test procedure for such products, there is no need for a waiver. Daikin seeks a waiver from the applicable test procedures under 10 CFR 431.96 on the grounds that its VRV-WII water-source multi-split heat pumps and heat recovery systems contain design characteristics that prevent testing according to the current DOE test procedure. The products covered by this petition represent the models of Daikin's multi-split product line that use water, instead of air, as a heat source and heat sink. However, Daikin asserts that the water-source VRV-WII systems operate in the same configurations as the air-source VRV and VRV-S systems, with the only relevant difference being the heat rejection medium. Specifically, Daikin asserts that the two primary factors that prevent testing of multi-split variable speed products, regardless of manufacturer, are the same factors stated in the waivers that DOE granted to Mitsubishi Electric & Electronics USA, Inc. (Mitsubishi), Fujitsu General Ltd. (Fujitsu), and Samsung Air Conditioning (Samsung) for similar lines of commercial multi-split air-conditioning systems: • Testing laboratories cannot test products with so many indoor units. • There are too many possible combinations of indoor and outdoor units to test. 69 FR 52660 (August 27, 2004); 72 FR 17528 (April 9, 2007); 72 FR 71383 (December 17, 2007); 72 FR 71387 (December 17, 2007). Further, Daikin states that its VRV-WII indoor units have nine different indoor static pressure ratings, and the test procedure does not provide for operation of indoor units at several different static pressure ratings during a single test. The indoor units are designed to operate at many different external static pressure values, which compounds the difficulty of testing. A testing facility could not manage proper airflow at several different external static pressure values to the many indoor units that would be connected to a VRV-WII outdoor unit. The number of connectable indoor units for each outdoor unit ranges up to 32. Daikin further states that its VRV-WII products capability to perform simultaneous heating and cooling is not captured by the DOE test procedure. This is true, but not relevant. DOE is required by EPCA to use the full-load descriptor EER for these products, and simultaneous heating and cooling does not occur when operating at full load. Accordingly, Daikin requests that DOE grant a waiver from the applicable test procedures for its VRV-WII product designs until a suitable test method can be prescribed. Furthermore, Daikin states that failure to grant the waiver would result in economic hardship because it would prevent the company from marketing its VRV-WII products. Also, Daikin states that it is willing to work closely with DOE, the Air-Conditioning and Refrigeration Institute (ARI), and other agencies to develop appropriate test procedures, as necessary. III. Application for Interim Waiver On January 22, 2007, in addition to its Petition for Waiver, Daikin submitted to DOE an Application for Interim Waiver. Daikin's Application for Interim Waiver does not provide sufficient information to evaluate the level of economic hardship Daikin will likely experience if its Application for Interim Waiver is denied. However, in those instances where the likely success of the Petition for Waiver has been demonstrated, based upon DOE having granted a waiver for similar product designs, it is in the public interest to have similar products tested and rated for energy consumption on a comparable basis. DOE has previously granted Interim Waivers to Mitsubishi, Fujitsu, and Samsung for comparable commercial multi-split air conditioners and heat pumps. 72 FR 17533 (April 9, 2007); 70 FR 5980 (Feb. 4, 2005); 70 FR 9629 (Feb. 28, 2005), respectively. Moreover, as noted above, DOE approved the Petition for Waiver from Mitsubishi for its comparable line of commercial water-source multi-split air conditioners and heat pumps. 72 FR 17528 (April 9, 2007). The two principal reasons for granting these waivers also apply to Daikin's VRV-WII products:

(1)test laboratories cannot test products with so many indoor units; 1 and

(2)it is impractical to test so many combinations of indoor units with each outdoor unit. Thus, DOE has determined that it is likely that Daikin's Petition for Waiver will be granted for its new VRV-WII water-source multi-split models. Therefore, *it is ordered that:* 1 According to the Daikin petition, up to 32 indoor units are possible-candidates for testing of its commercial water-source multi-split heat pumps and heat recovery systems. However, DOE believes that the practical limits for testing would be about five units. The Application for Interim Waiver filed by Daikin is hereby granted for Daikin's VRV-WII water-source multi-split central air conditioning heat pumps, subject to the specifications and conditions below. 1. Daikin shall not be required to test or rate its water-source VRV-WII commercial water-source multi-split products on the basis of the currently applicable test procedure under Table 1 of 10 CFR 431.96, which incorporates by reference ISO Standard 13256-1 (1998). 2. Daikin shall be required to test and rate its VRV-WII commercial water- source multi-split products according to the alternate test procedure as set forth in section IV(3), “Alternate test procedure.” The Interim Waiver applies to the following models: *VRV-WII Series Outdoor Units:* • Models RWEYQ60, RWEYQ72, RWEYQ84 *Compatible Indoor Units For Above-Listed Outdoor Units:* • FXAQ Series wall mounted indoor units with nominally rated capacities of 7,000, 9,000, 12,000, 18,000 and 24,000 Btu/hr. • FXLQ Series floor mounted indoor units with nominally rated capacities of 12,000, 18,000 and 24,000 Btu/hr. • FXNQ Series concealed floor mounted indoor units with nominally rated capacities of 12,000, 18,000 and 24,000 Btu/hr. • FXDQ Series low static ducted indoor units with nominally rated capacities of 7,000, 9,000, 12,000, 18,000 and 24,000 Btu/hr. • FXSQ Series medium static ducted indoor units with nominally rated capacities of 7,000, 9,000, 12,000, 18,000, 24,000, 30,000, 36,000 and 48,000 Btu/hr. • FXMQ Series high static ducted indoor units with nominally rated capacities of 30,000, 36,000 and 48,000 Btu/hr. • FXZQ Series recessed cassette indoor units with nominally rated capacities of 7,000, 9,000, 12,000, 18,000 and 24,000 Btu/hr. • FXFQ Series recessed cassette indoor units with nominally rated capacities of 12,000, 18,000, 30,000 and 36,000 Btu/hr. • FXHQ Series ceiling suspended indoor units with nominally rated capacities of 12,000, 24,000 and 36,000 Btu/hr. • FXOQ Series concealed indoor units with nominally rated capacities of 12,000, 18,000, 24,000, 36,000, 42,000, 36,000 and 48,000 BTU/Hr. This Interim Waiver is conditioned upon the presumed validity of statements, representations, and documents provided by the petitioner. DOE may revoke or modify this Interim Waiver at any time upon a determination that the factual basis underlying the Petition for Waiver is incorrect, or upon a determination that the results from the alternate test procedure are unrepresentative of the basic models' true energy consumption characteristics. IV. Alternate Test Procedure In response to two recent Petitions for Waiver from Mitsubishi, DOE specified an alternate test procedure to provide a basis from which Mitsubishi could test and make valid energy efficiency representations for its R410A CITY MULTI products, as well as for its R22 multi-split products. Alternate test procedures related to the Mitsubishi petitions were published in the **Federal Register** on April 9, 2007. 72 FR 17528; 72 FR 17533. In general, DOE understands that existing testing facilities have a limited ability to test multiple indoor units at one time, and the number of possible combinations of indoor and outdoor units for some variable refrigerant flow zoned systems is impractical to test. We further note that subsequent to the waiver that DOE granted for Mitsubishi's R22 multi-split products, ARI formed a committee to discuss the issue and to work on developing an appropriate testing protocol for variable refrigerant flow systems. However, to date, no additional test methodologies have been adopted by the committee or submitted to DOE. The ARI committee has considered a draft ISO methodology, ISO CD 15042, for multi-split systems. However, it contains no guidance that would affect this waiver. Therefore, as discussed below, DOE is including a similar alternate test procedure as a condition in granting the Interim Waiver for Daikin's products, and plans to consider the same alternate test procedure in the context of the subsequent Decision and Order pertaining to Daikin's Petition for Waiver. Utilization of this alternate test procedure will allow Daikin to test and make energy efficiency representations for its VRV-WII products. More broadly, DOE has applied a similar alternate test procedure to other existing waivers for similar residential and commercial central air conditioners and heat pumps. Such cases include Samsung's Petition for Waiver for its multi-split products at 72 FR 71387 (Dec. 17, 2007), and Fujitsu's Petition for Waiver for its multi-split products at 72 FR 71383 (Dec. 17, 2007). As noted above, the alternate test procedure has been applied to Mitsubishi's Petition for Waiver for its R410A CITY MULTI and R22 multi-split products. 72 FR 17528 (April 9, 2007). DOE believes that an alternate test procedure is needed so that manufacturers of such products can make valid and consistent representations of energy efficiency for their air-conditioning and heat pump products. In the present case, DOE is modifying the alternate test procedure taken from the above-referenced waiver granted to Mitsubishi for its R410A CITY MULTI products, and plans to consider inclusion of the following similar waiver language in the Decision and Order for Daikin's VRV-WII commercial multi-split water-source heat pump models:

(1)The “Petition for Waiver” filed by Daikin AC (Americas), Inc. is hereby granted as set forth in the paragraphs below.

(2)Daikin shall not be required to test or rate its VRV-WII variable refrigerant volume multi-split water-source heat pump products listed above in section III, on the basis of the current test procedures, but shall be required to test and rate such products according to the alternate test procedure as set forth in paragraph (3).

(3)*Alternate test procedure.*

(B)of this paragraph. For every other system combination using the same outdoor unit as the tested combination, Daikin shall make representations concerning the VRV-WII products covered in this waiver according to the provisions of subparagraph

(C)below.

(B)*Tested combination* means a multi-split system with multiple indoor coils having the following features:

(2)The indoor units shall—

(i)Represent the highest sales model family, or another indoor model family if the highest sales model family does not provide sufficient capacity (see ii);

(ii)Together, have a nominal capacity that is between 95% and 105% of the nominal capacity of the outdoor unit;

(iii)Not, individually, have a capacity that is greater than 50% of the nominal capacity of the outdoor unit;

(iv)Operate at fan speeds that are consistent with the manufacturer's specifications; and

(C)*Representations.* In making representations about the energy efficiency of its VRV-WII variable speed and variable refrigerant volume multi-split water-source heat pumps and heat recovery system products, for compliance, marketing, or other purposes, Daikin must fairly disclose the results of testing under the DOE test procedure, doing so in a manner consistent with the provisions outlined below:

(i)For VRV-WII combinations tested in accordance with this alternate test procedure, Daikin must disclose these test results.

(ii)For VRV-WII combinations that are not tested, Daikin must make a disclosure based on the testing results for the tested combination and which is consistent with either of the two following methods, except that only method

(a)may be used, if available:

(a)Representation of non-tested combinations according to an Alternative Rating Method

(ARM)approved by DOE; or

(b)Representation of non-tested combinations at the same energy efficiency level as the tested combination with the same outdoor unit. V. Summary and Request for Comments Through today's notice, DOE announces receipt of Daikin's Petition for Waiver from the test procedures applicable to Daikin's VRV-WII commercial multi-split heat pump products, and for the reasons articulated above, DOE is granting Daikin an Interim Waiver from those procedures. As part of this notice, DOE is publishing Daikin's Petition for Waiver in its entirety. The Petition contains no confidential information. Furthermore, today's notice includes an alternate test procedure that Daikin is required to follow as a condition of its Interim Waiver and that DOE is considering including in its subsequent Decision and Order. In this alternate test procedure, DOE is defining a “tested combination” which Daikin could use in lieu of testing all retail combinations of its VRV-WII water-source multi-split heat pump products. Furthermore, should a subsequent manufacturer be unable to test all retail combinations, DOE is considering allowing such manufacturers to rate waived products according to an ARM approved by DOE, or to rate waived products the same as the specified tested combination with the same outdoor unit. DOE is also applying a similar alternate test procedure to other comparable Petitions for Waiver for residential and commercial central air conditioners and heat pumps. Such cases include Samsung's Petition for Waiver for its Digital Variable Multi

(DVM)products at 72 FR 71387 (Dec. 17, 2007), and Fujitsu's Petition for Waiver for its Airstage variable refrigerant flow products at 72 FR 71383 (Dec. 17, 2007). DOE is interested in receiving comments on the issues addressed in this notice. Pursuant to 10 CFR 431.401(d), any person submitting written comments must also send a copy of such comments to the petitioner, whose contact information is included in the ADDRESSES section above. Issued in Washington, DC, on December 27, 2007. Alexander A. Karsner, Assistant Secretary, Energy Efficiency and Renewable Energy. January 22, 2007 Mr. Alexander Karsner Assistant Secretary for Energy Efficiency and Renewable Energy *U.S. Department of Energy* 1000 Independence Ave., SW., Washington, DC 20585-0121 Re: Petition for Waiver of Test Procedure Dear Assistant Secretary Karsner: Daikin AC (Americas) Inc.

(DACA)respectfully petitions the Department of Energy

(DOE)pursuant to 10 C.F.R. §§ 430.27(a)(1) and 431.401(a)(1) for a waiver of the test procedures applicable to commercial package air conditioners and heat pumps, as established in ISO Standard 13256-1 (1998), 1 for DACA's variable speed compressor driven water-cooled multi-split systems for combinations exceeding two indoor units to a single outdoor unit. The specific systems for which DACA requests this waiver are in DACA's VRV-WII product class, and the specific models subject to the waiver request are listed below. As explained more fully below, the basis for DACA's request is that the basic model contains design criteria that prevent testing of the basic model according to the prescribed test procedures. We are simultaneously requesting an interim waiver for the same systems pursuant to 10 C.F.R. §§ 430.27(a)(2) and 431.401(a)(2). 1 Detailed citations to the test procedures for which DACA is requesting a waiver are included on page 4 of this petiton. Background DACA is a leading manufacturer of variable speed and Variable Refrigerant Volume

(VRV)zoning systems that DACA offers for sale in the North American market. These products combine advanced technologies such as high efficiency variable speed compressors and fan motors with electronic expansion valves and other devices to insure peak operating performance of the overall system and to optimize energy efficiency. DACA has designed the VRV-WII systems to operate in commercial applications, and this product class employs zoning to provide users with peak utility of the system and with significant energy savings compared to competing technologies. General Characteristics of DACA's Water Source VRV-WII Products DACA's VRV-WII system has the following characteristics and applications: • DACA's water source VRV-WII is an air conditioning system that includes numerous individually controllable discrete indoor units utilizing water as a heat source. In this unique system, water is piped from a cooling tower or boiler to the VRV-WII (which is the equivalent of the outdoor unit of an air cooled conditioning system). After heat exchange, refrigerant is piped from the VRV-WII to each indoor unit. • The VRV-WII system consists of multi-split, multi-zone units utilizing one or multiple outdoor units that serve up to thirty-two indoor units. • The VRV-WII system employs variable speed technology that matches system capacity to the current load thereby utilizing the minimum amount of energy required for optimal system operation. • Due to its multi-zone applications, each VRV-WII indoor unit can be independently controlled with a local controller allowing the occupant to alter their environmental condition to meet their needs. Individually controlled system functions include temperature, fan speed and mode of operation. • The VRV-WII system can efficiently operate the compressor at loads as small as 10% of the rated capacity of the system, resulting in significant energy savings. • Some VRV-WII products offer a “heat recovery” mode that allows heat that is absorbed from one indoor zone (operating in the cooling mode) to be discharged into another indoor zone that is calling for heat. This function reduces the load on the outdoor unit and improves overall system performance and utility. • The VRV-WII system employs variable speed indoor and outdoor high efficiency fan motors to precisely control operating pressures and airflow rates. • The VRV-WII system uses electronically controlled expansion valves to precisely control refrigerant flow, superheat, sub-cooling, pump down functions and even oil flow throughout the system. Particular Basic Models for Which a Waiver Is Requested DACA requests a waiver from the test procedures for the following basic model groups: • VRV-WII Series Outdoor Units: ○ Models RWEYQ60, 72, 84, 144, 168, 216, and 252 with capacities ranging from 60,000 to 252,000 Btu/hr. • Compatible Indoor Units for Above Listed Outdoor Units: ○ FXAQ Series wall mounted indoor units with nominally rated capacities of 7,000, 9,000, 12,000, 18,000 and 24,000 Btu/hr. ○ FXLQ Series floor mounted indoor units with nominally rated capacities of 12,000, 18,000 and 24,000 Btu/hr. ○ FXNQ Series concealed floor mounted indoor units with nominally rated capacities of 12,000, 18,000 and 24,000 Btu/hr. ○ FXDQ Series low static ducted indoor units with nominally rated capacities of 7,000, 9,000, 12,000, 18,000 and 24,000 Btu/hr. ○ FXSQ Series medium static ducted indoor units with nominally rated capacities of 7,000, 9,000, 12,000, 18,000, 24,000, 30,000, 36,000 and 48,000 Btu/hr. ○ FXMQ Series high static ducted indoor units with nominally rated capacities of 30,000, 36,000 and 48,000 Btu/hr. ○ FXZQ Series recessed cassette indoor units with nominally rated capacities of 7,000, 9,000, 12,000, 18,000 and 24,000 Btu/hr. ○ FXFQ Series recessed cassette indoor units with nominally rated capacities of 12,000, 18,000, 30,000 and 36,000 Btu/hr. ○ FXHQ Series ceiling suspended indoor units with nominally rated capacities of 12,000, 24,000 and 36,000 Btu/hr. ○ FXOQ Series concealed indoor units with nominally rated capacities of 12,000, 18,000, 24,000, 36,000, 42,000, 36,000 and 48,000 BTU/Hr. Design Characteristics Constituting the Grounds for DACA's Petition DACA's VRV-WII product offering consists of multiple indoor units being connected to a water-cooled outdoor unit. The indoor units for these products are available in a very large number of potential configurations, including but not limited to the following: 4-Way Cassette, Wall Mounted, Ceiling Suspended, and Floor Standing. DACA is currently developing additional indoor unit models for future market introduction. Each of these units has nine different indoor static pressure ratings as standard, with addition pressure ratings available. There are over one million combinations possible with the current DACA VRV-WII product offering. It is completely impractical for testing laboratories to test a product such as the VRV-WII with multiple indoor units because of the astronomical number of potential system configurations. DACA's VRV-WII products share many of the design characteristics and features of DACA's VRV and VRV-S product lines, and of Mitsubishi Electric and Electronics USA, Inc.'s

(MEUS)CITY MULTI product class, for both of which DOE has previously granted a waiver. 2 The principal design characteristic difference between DACA's VRV and VRV-S products, and its VRV-WII products, is the method of heat rejection. Similarly, the method of heat rejection is the most significant design characteristic that distinguishes the basic operation of the VRV-WII product class and the MEUS CITY MULTI product class that has received a waiver from DOE. The VRV-WII products use water instead of air to reject heat. In contrast, the VRV and VRV-S products, as well as MEUS' CITY MULTI products use air to reject heat. The same testing constraints and limitations apply to all of these products. 2 DOE granted DACA an interim waiver for its VRV and VRV-S product lines in a letter dated August 14, 2006. DOE has not yet published notice of this interim waiver issuance in the **Federal Register** . DOE granted MEUS a waiver for its CITY MULTI VRFZ class of products. 69 FR 52660 (August 27, 2004). The DOE relied on similar rationales to grant MEUS' petition for waiver and DACA's interim waiver. DOE stated the following in its August 14, 2006 letter to DACA granting an interim waiver: A waiver for a similar type of variable refrigerant flow zoned central air conditioner [i.e., similar to the DACA VRV and VRV-S products] was requested by MEUS. DOE decided to grant the waiver, based on the difficulty of testing the products. There are two major testing problems:

(1)Test laboratories cannot test products with so many indoor units (up to sixteen); and

(1998)requires for fully or infinitely variable speed products. DACA especially requires the requested waiver because ISO Standard 13256-1

(1998)provides no direction or guidance about how to test systems with millions of combinations of indoor units configurable to a single outdoor unit. A further reason that DACA needs the requested waiver is that ISO Standard 13256-1

(1998)does not provide a test method to measure part load performance of a system operating in simultaneous cooling and heating modes (i.e., performing both heating and cooling functions at the same time). Yet another problem that prevents testing of the VRV-WII product class under these two ARI standards, and another major reason why DACA requires the requested waiver, is the wide variety of indoor unit static pressure ratings available with these and other multi-split products. Testing facilities cannot effectively control multiple indoor static pressures as would be required to test many of the indoor unit combinations available. To accomplish such testing, a testing lab would be required to use a large number of test rooms simultaneously, and each test room would have to be networked into the data recording instrumentation. Also, extensive piping configurations would need to be routed throughout the various test rooms. This process would be extraordinarily expensive, and the logistical challenges presented by the testing might be insurmountable. Manufacturers of Other Basic Models Incorporating Similar Design Characteristics DACA is aware of the following manufacturers that produce basic models incorporating similar design characteristics to the VRV-WII in the United States market: • Sanyo Fisher

(1998)can be accurately applied to DACA's VRV-WII product class. As explained above in the DACA's Petition for Waiver, the design characteristics of the VRV-WII product class clearly prevent testing of the basic model according to the prescribed test procedures. The likelihood of DOE approving DACA's Petition for Waiver is buttressed by the DOE's history of approving previous waiver requests from DACA and from several other manufacturers for other products that are similar to the VRV-WII product class, based on the same rationale put forth by DACA in this Petition for Waiver. See preceding discussion of waivers granted by DOE to MEUS, Fujitsu General, and Sanyo Fisher

(USA)Corp. Additionally, DACA is likely to suffer economic hardship and competitive disadvantage if DOE does not grant its interim waiver request. DACA is now preparing to introduce its VRV-WII product class in a matter of months. If we must wait for completion of the normal waiver consideration and issuance process, DACA will be forced to delay the opportunity to begin recouping through product sales its research, development and production costs associated with the VRV-WII product class. In addition to these economic hardship costs, DACA will lose market share to MEUS, especially if DOE grants MEUS' pending interim waiver application for its CITY MULTI WR2 and WY product classes, which will compete directly with DACA's VRV-WII product class. DOE approval of DACA's interim waiver application is also supported by sound public policy reasons. As DOE stated in its August 14, 2006 approval of DACA's interim waiver for the VRV and VRV-S product classes: [I]n those instances where the likely success of the Petition for Waiver has been demonstrated, based upon DOE having granted a waiver for a similar product design, it is in the public interest to have similar products tested and rated for energy consumption on a comparable basis. The VRV-WII product class will provide superior comfort to the end user, will allow for independent zoning of facilities from a single outdoor unit, and will incorporate state of the art technology such as variable speed compressors utilizing neodymium magnets to increase efficiency and electronic control of compressor speed, fan speed and even metering device opening positions. The VRV-WII product class will introduce technologies that will increase system efficiency and reduce national energy consumption, and that will also offer a new level of comfort and control to end users. DACA requests that DOE grant our Application for Interim Waiver so we can bring the new highly energy efficient technology represented by the VRV-WII product class to the market as soon as possible, thereby allowing the U.S. consumer to benefit from our high technology and high efficiency product, and from competition for other manufacturers who may have already received waivers. Confidential Information DACA makes no request to DOE for confidential treatment of any information contained in this Petition for Waiver and Application for Interim Waiver. • Conclusion Daikin AC (Americas), Inc. Corporation respectfully requests DOE to grant its Petition for Waiver of the applicable test procedure to DACA for the VRV-WII product design, and to grant its Application for Interim Waiver. DOE's failure to issue an interim waiver from test standards would cause significant economic hardship to DACA by preventing DACA from marketing these products even though DOE has previously granted a waiver to other products currently being offered in the market with similar design characteristics. We would be pleased to respond to any questions you may have regarding this Petition for Waiver and Application for Interim Waiver. Please contact Russell Tavolacci, Director of Product Marketing at 972-245-1510 or by email at *Russell.tavolacci@daikinac.com.* Sincerely, Yoshinobu Inoue President, Daikin AC (Americas), Inc. 1645 Wallace Drive, Suite 110, Carrollton, Texas 75006 [FR Doc. E7-25650 Filed 1-4-08; 8:45 am] BILLING CODE 6450-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission Combined Notice of Filings #1 December 28, 2007. Take notice that the Commission received the following electric corporate filings: *Docket Numbers:* EC08-26-000; EL08-21-000; EG08-26-000. *Applicants:* NorthWestern Corporation, Colstrip Lease Holdings, LLC *Description:* NorthWestern Corp and Colstrip Lease Holdings, LLC submit an application for authorization to transfer interest in 740 MW Colstrip Generating Unit. *Filed Date:* 12/19/2007. *Accession Number:* 20071221-0197. *Comment Date:* 5 p.m. Eastern Time on Wednesday, January 9, 2008. *Docket Numbers:* EC08-27-000. *Applicants:* Iberdrola Renovables, S.A., PPM Energy, Inc.; PPM Wind Energy LLC, Aeolus Wind Power IV LLC, Atlantic Renewable Energy Corporation; Casselman Windpower, LLC. *Description:* Joint application of Iberdrola Renovables, SA *et al.* for indirect disposition of jurisdictional facilities owned by Casselman Windpower LLC . *Filed Date:* 12/21/2007. *Accession Number:* 20071228-0119. *Comment Date:* 5 p.m. Eastern Time on Friday, January 11, 2008. Take notice that the Commission received the following exempt wholesale generator filings: *Docket Numbers:* EG08-27-000. *Applicants:* Rail Splitter Wind Farm, LLC. *Description:* Notice of Self-Certification of Exempt Wholesale Generator Status of Rail Splitter Wind Farm, LLC. *Filed Date:* 12/21/2007. *Accession Number:* 20071221-5046. *Comment Date:* 5 p.m. Eastern Time on Friday, January 11, 2008. Take notice that the Commission received the following electric rate filings: *Docket Numbers:* ER06-615-016; ER08-367-000. *Applicants:* California Independent System Operator Corporation *Description:* California Independent System Operator Corp's filing of Fourth Replacement Version of FERC Electric Tariff. *Filed Date:* 12/21/2007. *Accession Number:* 20071227-0159. *Comment Date:* 5 p.m. Eastern Time on Friday, January 11, 2008. *Docket Numbers:* ER07-1192-000. *Applicants:* Wisconsin Electric Power Company. *Description:* Paper Hearing Reply Comments of Wisconsin Public Power Inc. *Filed Date:* 12/20/2007. *Accession Number:* 20071220-5092. *Comment Date:* 5 p.m. Eastern Time on Thursday, January 10, 2008. *Docket Numbers:* ER08-352-000. *Applicants:* The Midwest Independent Transmission System Operator, Inc. *Description:* The Midwest Independent Transmission System Operator, Inc submits an unexecuted Amended and Restated Large Generator and Interconnection Agreement with Tatanka Wind Power, LLC. *Filed Date:* 12/21/2007. *Accession Number:* 20071227-0040. *Comment Date:* 5 p.m. Eastern Time on Friday, January 11, 2008. *Docket Numbers:* ER08-353-000. *Applicants:* Southern California Edison Company. *Description:* Southern California Edison submits Substitute Eighth Revised Sheet No. 67 to FERC Electric Tariff, Second Revised Volume No. 6 effective 1/1/08. *Filed Date:* 12/20/2007. *Accession Number:* 20071227-0140. *Comment Date:* 5 p.m. Eastern Time on Thursday, January 10, 2008. *Docket Numbers:* ER08-354-000. *Applicants:* Wells Fargo Energy Markets, LLC. *Description:* Application of Wells Fargo Energy Markets, LLC for Market-Based Rate Tariff and Granting Certain Waivers and Blanket Approvals to be effective 2/1/08. *Filed Date:* 12/20/2007. *Accession Number:* 20071227-0139. *Comment Date:* 5 p.m. Eastern Time on Thursday, January 10, 2008. *Docket Numbers:* ER08-355-000. *Applicants:* MidAmerican Energy Company. *Description:* MidAmerican Energy Co. submits an amended Network Integration Transmission Service Agreement *et al.* with City of Carlisle, IA. *Filed Date:* 12/20/2007. *Accession Number:* 20071227-0138. *Comment Date:* 5 p.m. Eastern Time on Thursday, January 10, 2008. *Docket Numbers:* ER08-356-000. *Applicants:* Dynegy Power Marketing, Inc. *Description:* Dynegy Power Marketing, Inc requests waiver of section 3(b) of its market-based rate tariff. *Filed Date:* 12/21/2007. *Accession Number:* 20071227-0137. *Comment Date:* 5 p.m. Eastern Time on Friday, January 11, 2008. *Docket Numbers:* ER08-357-000. *Applicants:* Virginia Electric and Power Company. *Description:* Virginia Electric and Power Co. dba Dominion Virginia Power submits a Notice of Cancellation of the Enfield Service Agreement. *Filed Date:* 12/20/2007. *Accession Number:* 20071227-0136. *Comment Date:* 5 p.m. Eastern Time on Thursday, January 10, 2008. *Docket Numbers:* ER08-358-000. *Applicants:* Commonwealth Edison Company. *Description:* Commonwealth Edison Co. and Commonwealth Edison Co. of Indiana, Inc. submit a filing to revise Attachment H-13 of the PJM Interconnection, LLC OATT. *Filed Date:* 12/21/2007. *Accession Number:* 20071227-0135. *Comment Date:* 5 p.m. Eastern Time on Friday, January 11, 2008. *Docket Numbers:* ER08-359-000. *Applicants:* Carolina Power & Light Company. *Description:* Carolina Power & Light Co. dba Progress Energy Carolinas, Inc. submit a cost-based power supply and coordination agreement with the Town of Winterville, NC, to be effective 3/1/08. *Filed Date:* 12/21/2007. *Accession Number:* 20071227-0147. *Comment Date:* 5 p.m. Eastern Time on Friday, January 11, 2008. *Docket Numbers:* ER08-360-000. *Applicants:* Duke Energy Carolinas, LLC. Description: Duke Energy Carolinas, LLC submits revisions to its Rate Schedule 10-A. *Filed Date:* 12/21/2007. *Accession Number:* 20071227-0146. *Comment Date:* 5 p.m. Eastern Time on Friday, January 11, 2008. *Docket Numbers:* ER08-361-000. *Applicants:* PJM Interconnection, LLC. *Description:* PJM Interconnection LLC submits an executed interconnection service agreement with Grand Ridge Energy, LLC and Commonwealth Edison Co. *Filed Date:* 12/21/2007. *Accession Number:* 20071227-0145. *Comment Date:* 5 p.m. Eastern Time on Friday, January 11, 2008. *Docket Numbers:* ER08-362-000. *Applicants:* Southern Company Services, Inc. *Description:* Southern Company Services, Inc. on behalf of Southern Companies submits a Cancellation of Transmission Service Agreements. *Filed Date:* 12/21/2007. *Accession Number:* 20071227-0144. *Comment Date:* 5 p.m. Eastern Time on Friday, January 11, 2008. *Docket Numbers:* ER08-364-000. *Applicants:* APX, Inc. *Description:* APX, Inc. submits a notice of succession, notifying the Commission that Automated Power Exchange, Inc.'s name was changes to APX, Inc. *Filed Date:* 12/21/2007. *Accession Number:* 20071227-0202. *Comment Date:* 5 p.m. Eastern Time on Friday, January 11, 2008. *Docket Numbers:* ER08-365-000. *Applicants:* APX, Inc. *Description:* APX, Inc. submits revisions to its FERC Electric Tariff, First Revised Volume 10. *Filed Date:* 12/21/2007. *Accession Number:* 20071227-0203. *Comment Date:* 5 p.m. Eastern Time on Friday, January 11, 2008. *Docket Numbers:* ER08-366-000. *Applicants:* American Electric Power System Corporation. *Description:* American Electric Power Service Corp. on behalf of AEP Texas Central Co. submit an amendment to the 8/28/07 generation interconnection agreement with Texas Gulf Wind LLC. *Filed Date:* 12/20/2007. *Accession Number:* 20071227-0143. *Comment Date:* 5 p.m. Eastern Time on Thursday, January 10, 2008. *Docket Numbers:* ER08-368-000. *Applicants:* Desert Power, LP. *Description:* Desert Power, LP submits a Notice of Cancellation of its market-based rate tariff and requests waiver of the Commission's 60-day prior notice requirement. *Filed Date:* 12/20/2007. *Accession Number:* 20071227-0142. *Comment Date:* 5 p.m. Eastern Time on Thursday, January 10, 2008. *Docket Numbers:* ER08-369-000. *Applicants:* MATL LLP. *Description:* MATL LLP submits an executed Coordinated Operating Agreement with Montana Alberta Tie Ltd. *Filed Date:* 12/21/2007. *Accession Number:* 20071227-0148. *Comment Date:* 5 p.m. Eastern Time on Friday, January 11, 2008. *Docket Numbers:* ER08-370-000. *Applicants:* Midwest Independent Transmission System Operator, Inc. *Description:* Midwest ISO and Missouri River Energy Services submits proposed revisions to the Attachment O transmission rate formula under the Midwest ISO's Open Access Transmission and Energy Markets Tariff. *Filed Date:* 12/20/2007. *Accession Number:* 20071227-0141. *Comment Date:* 5 p.m. Eastern Time on Thursday, January 10, 2008. *Docket Numbers:* ER08-372-000. *Applicants:* MATL LLP. *Description:* MATL LLP submits First Revised Sheet 6 *et al.* to FERC Electric Tariff, Second Revised Volume No. 1 to be effective 1/31/08. *Filed Date:* 12/21/2007. *Accession Number:* 20071227-0155. *Comment Date:* 5 p.m. Eastern Time on Friday, January 11, 2008. *Docket Numbers:* ER08-373-000. *Applicants:* MATL LLP. *Description:* MATL LLP submits a Transmission Line Interconnection Agreement with NorthWestern Corp., to be effective 1/31/08. *Filed Date:* 12/21/2007. *Accession Number:* 20071227-0156. *Comment Date:* 5 p.m. Eastern Time on Friday, January 11, 2008. *Docket Numbers:* ER08-374-000. *Applicants:* Atlantic Path 15, LLC. *Description:* Atlantic Path 15, LLC submits a proposed decrease in the rates charged for service over the transmission line upgrade and related substation upgrades to the Path 15 corridor. *Filed Date:* 12/21/2007. *Accession Number:* 20071227-0154. *Comment Date:* 5 p.m. Eastern Time on Friday, January 11, 2008. Any person desiring to intervene or to protest in any of the above proceedings must file in accordance with Rules 211 and 214 of the Commission's Rules of Practice and Procedure (18 CFR 385.211 and 385.214) on or before 5 p.m. Eastern time on the specified comment date. It is not necessary to separately intervene again in a subdocket related to a compliance filing if you have previously intervened in the same docket. Protests will be considered by the Commission in determining the appropriate action to be taken, but will not serve to make protestants parties to the proceeding. Anyone filing a motion to intervene or protest must serve a copy of that document on the Applicant. In reference to filings initiating a new proceeding, interventions or protests submitted on or before the comment deadline need not be served on persons other than the Applicant. The Commission encourages electronic submission of protests and interventions in lieu of paper, using the FERC Online links at *http://www.ferc.gov* . To facilitate electronic service, persons with Internet access who will eFile a document and/or be listed as a contact for an intervenor must create and validate an eRegistration account using the eRegistration link. Select the eFiling link to log on and submit the intervention or protests. Persons unable to file electronically should submit an original and 14 copies of the intervention or protest to the Federal Energy Regulatory Commission, 888 First St., NE., Washington, DC 20426. The filings in the above proceedings are accessible in the Commission's eLibrary system by clicking on the appropriate link in the above list. They are also available for review in the Commission's Public Reference Room in Washington, DC. There is an eSubscription link on the web site that enables subscribers to receive e-mail notification when a document is added to a subscribed docket(s). For assistance with any FERC Online service, please e-mail *FERCOnlineSupport@ferc.gov* or call

(866)208-3676 (toll free). For TTY, call

(202)502-8659. Nathaniel J. Davis, Sr., Deputy Secretary. [FR Doc. E8-21 Filed 1-4-08; 8:45 am] BILLING CODE 6717-01-P ENVIRONMENTAL PROTECTION AGENCY [FRL-8514-2] Adaptation for Climate-Sensitive Ecosystems and Resources Advisory Committee (ACSERAC) AGENCY: U.S. Environmental Protection Agency (EPA). ACTION: Notice of a public conference call meeting of the U.S. Environmental Protection Agency's Adaptation for Climate-Sensitive Ecosystems and Resources Advisory Committee on January 15, 2008, from 2 p.m. until 4 p.m. (EST). SUMMARY: Pursuant to the Federal Advisory Committee Act, Public Law 92-463 as amended (5 U.S.C., App. 2), notification is hereby given that the U.S. Environmental Protection Agency, Office of Research and Development

(ORD)will hold a public conference call of the ACSERAC. This public conference call meeting is a follow-up to the public meeting that was held on October 22-23, 2007 (72 FR 52875, September 17, 2007). The U.S. District Court for the District of Northern California has ordered the interagency U.S. Climate Change Science Program

(CCSP)to produce the periodic scientific assessment of climate change required by the Global Change Research Act of 1990 by May 31, 2008 ( *Center for Biological Diversity* v. *Brennan* *et al.* , 2007 WL 2408901 [No. 06-7062, Aug. 21, 2007]). Synthesis and Assessment Product 4.4, which is being reviewed by the ACSERAC, is an integral component of this assessment. The CCSP has directed EPA to complete and submit a final draft of Product 4.4 to the CCSP by January 31, 2008. To meet this deadline, the ACSERAC is holding this conference call meeting to review its final report on this product. This notice is being published less than 15 days before the teleconference. Product 4.4 is a very large document that has been developed under an unusually short time frame, with impacts on the authors' and committee members' schedules. January 15 is the only date that the Committee is available to hold this conference call meeting. Since EPA will likely have to make changes to the document following the teleconference, delaying this meeting would cause EPA to be late in submitting this product to the CCSP. Participants will discuss the revisions to the document that were a result of the public meeting in October. The CCSP expects to release the draft scientific assessment in April 2008. Interested parties will have an opportunity to review and comment on the entire scientific assessment, including Product 4.4, when it is released to the public. *Public Participation:* Members of the public may submit written comments to Joanna Foellmer, Designated Federal Official, ACSERAC (see the FOR FURTHER INFORMATION CONTACT section below). In addition, members of the public may call into the conference call meeting as observers, and there will be a limited time for comments from the public. Please contact Joanna Foellmer no later than January 11, 2008, if you wish to make oral comments during the conference call meeting. Requests to make oral comments must be in writing (via e-mail, fax or ground mail). Please send a copy of your presentation to Joanna Foellmer by January 13, 2008. Information on services for the disabled may be obtained by contacting Joanna Foellmer. *Agenda:* The proposed agenda for the conference call includes, but is not limited to, an extensive discussion by the ACSERAC with respect to EPA's response to the Committee's comments on the external review draft report entitled: “Synthesis and Assessment Product 4.4; Preliminary Review of Adaptation Options for Climate-Sensitive Ecosystems and Resources” (SAP 4.4). A draft agenda may be obtained from Joanna Foellmer (see the FOR FURTHER INFORMATION CONTACT section below). DATES: The conference call will take place on January 15, 2008, from 2 p.m. until 4 p.m. (EST). FOR FURTHER INFORMATION CONTACT: Questions regarding information and logistics for the ACSERAC should be directed to Joanna Foellmer by *telephone:* 703-347-8508, by *e-mail: Foellmer.Joanna@epa.gov* , by fax: 703-347-8694, or by *regular mail:* Joanna Foellmer, ORD/NCEA (Mail Code 8601P), U.S. Environmental Protection Agency, 1200 Pennsylvania Avenue, NW., Washington, DC 20460. SUPPLEMENTARY INFORMATION: The ACSERAC supports the U.S. Environmental Protection Agency

(EPA)in its participation in the CCSP, specifically in implementation of Goal 4 of the Strategic Plan for the CCSP. Goal 4 is to understand “the sensitivity and adaptability of different natural and managed ecosystems and human systems to climate and related global changes.” EPA also helps the CCSP satisfy its requirement to conduct periodic assessments of climate change and variability, as set forth in the Global Change Research Act of 1990. The ACSERAC supports EPA in performing its duties and responsibilities. The primary responsibility of the ACSERAC is to conduct an expert peer review of the external review draft report entitled: “Synthesis and Assessment Product 4.4: Preliminary Review of Adaptation Options for Climate-Sensitive Ecosystems and Resources” (SAP 4.4). The ACSERAC will provide advice to the EPA Administrator on the conduct of this study, and within the context of the basic study plan, the ACSERAC will advise on:

(1)The specific issues to be addressed;

(2)appropriate technical approaches;

(3)the usefulness of information provided to decision makers;

(4)the quality of the content of the final report;

(5)compliance with the Information Quality Act; and

(6)other matters important to the successful achievement of the objectives of the study. Additionally, once the Agency completes its responses to the comments received from the ACSERAC and the public, the ACSERAC will review the Agency's responses. EPA has already released the external draft SAP 4.4 report for public review. The **Federal Register** notice (FR72 46610) announcing a forty-five day public comment period was posted on the U.S. Climate Change Science Program

(CCSP)Web site ( *www.climatescience.gov* ) on August 21, 2007. This report is accessible at *www.epa.gov/ncea* under *Recent Additions* and is linked to the CCSP Web site. Dated: December 31, 2007. Rebecca Clark, Deputy Director, National Center for Environmental Assessment. [FR Doc. E8-17 Filed 1-4-08; 8:45 am] BILLING CODE 6560-50-P ENVIRONMENTAL PROTECTION AGENCY [FRL-8514-3] Human Impacts of Climate Change Advisory Committee AGENCY: U.S. Environmental Protection Agency, HICCAC. ACTION: Notice of a public conference call meeting of the U.S. Environmental Protection Agency's Human Impacts of Climate Change Advisory Committee (HICCAC) on January 14, 2008, at 12 noon until 2 pm. (EST). SUMMARY: Pursuant to the Federal Advisory Committee Act, Public Law 92-463 as amended (5 U.S.C., App. 2), notification is hereby given that the U.S. Environmental Protection Agency, Office of Research and Development

(ORD)will hold a public conference call meeting of the HICCAC. This public conference call meeting is a follow-up to the public meeting that was held on October 15-16, 2007 (72 FR 52877, September 17, 2007). The U.S. District Court for the District of Northern California has ordered the interagency U.S. Climate Change Science Program

(CCSP)to produce the periodic scientific assessment of climate change required by the Global Change Research Act of 1990 by May 31, 2008 ( *Center for Biological Diversity* v. *Brennan,* *et al.* , 2007 WL 2408901 [No. 06-7062, Aug. 21, 2007]). Synthesis and Assessment Product 4.6, which is being reviewed by the HICCAC, is an integral component of this assessment. The CCSP has directed EPA to complete and submit a final draft of Product 4.6 to the CCSP by January 31, 2008. To meet this deadline, the HICCAC is holding this conference call meeting to review its final report on this product. This notice is being published less than 15 days before the teleconference. Product 4.6 is a large document that has been developed under an unusually short time frame, with impacts on the authors' and committee members' schedules. January 14 is the only date that the Committee is available to hold this conference call meeting. Since EPA will likely have to make changes to the document following the teleconference, delaying this meeting would cause EPA to be late in submitting this product to the CCSP. Participants will discuss the revisions to the document that were a result of the public meeting in October. The CCSP expects to release the draft scientific assessment in April 2008. Interested parties will have an opportunity to review and comment on the entire scientific assessment, including Product 4.6, when it is released to the public. *Public Participation:* Members of the public may submit written comments to Joanna Foellmer, Designated Federal Official, HICCAC (see the FOR FURTHER INFORMATION CONTACT section below). In addition, members of the public may call into the conference call meeting as observers, and there will be a limited time for comments from the public. Please contact Joanna Foellmer no later than COB January 10, 2008, if you wish to make oral comments during the conference call meeting. Requests to make oral comments must be in writing (via e-mail, fax or ground mail). Please send a copy of your presentation to Joanna Foellmer by January 12, 2008. Information on services for the disabled may be obtained by contacting Joanna Foellmer. *Agenda:* The proposed agenda for the conference call includes, but is not limited to, a review of the revised Synthesis and Assessment Product (SAP 4.6) that analyzes the impacts of global change on human health, human settlements, and human welfare. The HICCAC will respond to the changes made to the final report based on the review of an earlier draft of the report. There will be a discussion by the HICCAC panel with respect to their individual and collective assessment of the revised SAP 4.6 report. A draft agenda may be obtained from Joanna Foellmer (see the FOR FURTHER INFORMATION CONTACT section below). DATES: The conference call will take place on January 14, 2008, at 12 noon until 2 pm (EST). FOR FURTHER INFORMATION CONTACT: Questions regarding information and logistics for the HICCAC public conference call meeting should be directed to Joanna Foellmer by telephone: 703-347-8508, by e-mail: *Foellmer.Joanna@epa.gov* , by fax: 703-347-8694, or by regular mail: Joanna Foellmer, ORD/NCEA (Mail Code 8601P), U.S. Environmental Protection Agency, 1200 Pennsylvania Avenue, NW., Washington, DC 20460. SUPPLEMENTARY INFORMATION: The HICCAC supports the U.S. Environmental Protection Agency

(EPA)in its participation in the interagency U.S. Climate Change Science Program (CCSP), specifically in implementation of Goal 4 of the Strategic Plan for the CCSP. Goal 4 is to understand “the sensitivity and adaptability of different natural and managed ecosystems and human systems to climate and related global changes.” EPA also helps the CCSP satisfy its requirement to conduct periodic assessments of climate change and variability, as set forth in the Global Change Research Act of 1990. The HICCAC serves in the public's interest and supports EPA in performing its duties and responsibilities. The primary responsibility of the HICCAC is to conduct an expert peer review of the external review draft report entitled: “Synthesis and Assessment Product 4.6: Analyses of the effects of global change on human health and welfare and human systems” (SAP 4.6). The HICCAC will provide advice to the EPA Administrator on the results of this study, and within the context of the basic study plan, the HICCAC will advise on:

(1)The specific issues to be addressed;

(2)appropriate technical approaches;

(3)the usefulness of information provided to decision makers;

(4)the quality of the content of the final report;

(5)compliance with the Information Quality Act; and

(6)other matters important to the successful achievement of the objectives of the study. Additionally, once the Agency completes its responses to the comments received from the HICCAC and the public, the HICCAC will review the Agency's responses. EPA has already released the external draft SAP 4.6 report for public review. The **Federal Register** notice (FR 72 39798) announcing a forty-five day public comment period was posted on the U.S. Climate Change Science Program

(CCSP)Web site ( *www.climatescience.gov* ) on July 20, 2007. This report is accessible at *www.epa.gov/ncea* under *Recent Additions* and is linked to the CCSP Web site. Dated: December 31, 2007. Rebecca Clark, Deputy Director, National Center for Environmental Assessment. [FR Doc. E8-22 Filed 1-4-08; 8:45 am] BILLING CODE 6560-50-P GENERAL SERVICES ADMINISTRATION GSA BULLETIN FMR 2008-B3 Use of Segways® and Similar Devices by Individuals with a Mobility Impairment in GSA-Controlled Federal Facilities AGENCY: General Services Administration ACTION: Notice of Interim Policy SUMMARY: The General Services Administration

(202)501-1737. Please cite FMR Bulletin 2008-B3. Dated: December 17, 2007. Kevin Messner, Acting Associate Administrator, Office of Governmentwide Policy. GENERAL SERVICES ADMINISTRATION [GSA Bulletin FMR 2008-B3] *TO* : Heads of Federal Agencies *SUBJECT* : Use of Segways® and Similar Devices by Individuals with a Mobility Impairment in GSA-Controlled Federal Facilities Interim Segway® Personal Transporter Policy The General Services Administration

(GSA)recognizes that some persons with mobility impairments are utilizing the Segway® Personal Transporter (Segway) and similar devices as their preferred means of locomotion. GSA is committed to making all reasonable efforts to make its facilities accessible to persons with disabilities. To that end, GSA's Public Buildings Service is issuing this interim policy to permit individuals with a mobility impairment to use these devices in Federal buildings under GSA's jurisdiction, custody or control, including those buildings delegated to other Federal agencies by the Administrator of General Services. This interim policy does not cover privately-owned leased buildings. The use of Segways and other similar devices in leased locations should be negotiated with the building lessor. No alterations or modifications should be required for Segways or similar devices to enter GSA-controlled buildings. GSA will continue to comply with the building accessibility standards identified in 41 C.F.R. § 102-76.65. GSA will issue a final policy once the effectiveness of the interim policy has been thoroughly reviewed and assessed.The following interim policy is designed to facilitate the safe integration of these mobility devices into the Federal workplace. *Definition of Segway and Scope of Interim Policy* A Segway is a two-wheeled, gyroscopically stabilized, battery-powered personal transportation device. Additional information on this device is available at the following link: *http://www.segway.com* . This policy applies not only to the brand name Segway®, but also to any similar device that is being used as a mobility aid by an individual with a mobility impairment. This policy does not cover motorcycles, mopeds, tricycles, bicycles (whether or not motor-powered), or other similar devices not permitted to be operated in Federal buildings. For purposes of this policy, an “individual with a mobility impairment” means any person who is subject to any physical impairment or condition regardless of its cause, nature or extent that renders the person unable to move about without the aid of crutches, a wheelchair or any other form of support, or that limits the person's functional ability to ambulate, climb, descend, sit, or rise, or to perform any related function. *Applicability* *Individual with a Mobility Impairment* - An individual with a mobility impairment is permitted to operate a Segway in a Federal building under the jurisdiction, custody or control of GSA in any areas open to pedestrian use. *Individual without a Mobility Impairment* - An individual without a mobility impairment is not permitted to operate a Segway within a Federal building under the jurisdiction, custody or control of GSA. An individual may bring a Segway into a Federal building, provided the “power assist” mode, or any other mode that engages the battery, is not used when walking the Segway, unless the on-site security personnel or building manager determines that bringing the device into the building is not reasonable in the specific circumstances. Requests for waivers to the policy prohibiting an individual without a mobility impairment from operating a Segway in a Federal building under the jurisdiction, custody or control of GSA will be considered on a case-by-case basis and will require the approval of the appropriate GSA Assistant Regional Administrator, Public Buildings Service, where such specific authorization may facilitate improvements in the efficiency in performing work assignments. One example of a circumstance in which a waiver could be appropriate is an individual without a mobility impairment who performs work in areas that are spacious, such as a warehouse, where four-wheeled, battery-operated devices are currently in use. *Safety* The Segway must be operated in a manner that does not compromise the safety of the user, the building occupants or the building infrastructure. Those individuals operating a Segway within a Federal building must remain in control at all times and must exercise caution when turning corners and entering or exiting elevators. GSA requires users to operate their Segway at a speed no greater than a walking pace of three

(3)miles per hour. Security personnel, as well as GSA personnel and other agency personnel in delegated buildings, shall monitor, to the extent practical, the safe and responsible operation of Segway devices by their users. Should security or building management personnel observe the unsafe operation of a Segway device, these individuals shall remind the user of their responsibility for the safe operation of the Segway and the user's accountability for not operating the device at a speed that exceeds three

(3)miles per hour. *Security (where access is controlled by security personnel and screening devices)* Magnetometer and X-ray security screening devices are ineffective for the evaluation of Segways. Segway representatives have reported that magnetometer devices affect the operation and software programs of the transporter device when coming in contact with or close proximity to magnetic fields. Accordingly, Segway recommends that the transporter device not be operated within five

(5)feet of any magnetometer or X-ray security screening device. If within five

(5)feet of a magnetometer or X-ray security screening device, the user of the transporter device should place the unit in standby mode or powered off mode to prevent damage to the transporter device. GSA and associated building security personnel reserve the right to inspect Segway devices upon entrance to a Federal building. Upon entering a Federal building under the jurisdiction, custody or control of GSA, security personnel shall notify the individual that only those persons with a mobility impairment are authorized to operate a Segway within the building. The security personnel may not ask a person using the device questions about the nature and extent of the person's disability. Security personnel shall inspect Segways in the same manner as other motorized devices that enter the building, including electric wheelchairs and scooters. Security personnel may request that the Segway user demonstrate that the device is operational thereby ensuring that the device contains its propulsion and battery equipment. The Segway user will be subject to the appropriate screening protocols established by security personnel for the protection of occupants, visitors and facilities, while maintaining the dignity of all persons who enter the building. *Vertical Transportation* Segway devices are permitted on elevators, but are not permitted on escalators, as per manufacturer guidance. [FR Doc. E7-25592 Filed 1-4-08; 8:45 am] BILLING CODE 6820-RH-S DEPARTMENT OF HEALTH AND HUMAN SERVICES [Document Identifier: Grants.gov-4040-0002] Agency Information Collection Request. 60-Day Public Comment Request In compliance with the requirement of section 3506(c)(2)(A) of the Paperwork Reduction Act of 1995, the Office of the Secretary (OS), Department of Health and Human Services, is publishing the following summary of a proposed information collection request for public comment. Interested persons are invited to send comments regarding this burden estimate or any other aspect of this collection of information, including any of the following subjects:

(1)The necessity and utility of the proposed information collection for the proper performance of the agency's functions;

(2)the accuracy of the estimated burden;

(3)ways to enhance the quality, utility, and clarity of the information to be collected; and

(4)the use of automated collection techniques or other forms of information technology to minimize the information collection burden. To obtain copies of the supporting statement and any related forms for the proposed paperwork collections referenced above, e-mail your request, including your address, phone number, OMB number, and OS document identifier, to *Sherette.funncoleman@hhs.gov* , or call the Reports Clearance Office on

(202)690-6162. Written comments and recommendations for the proposed information collections must be received with 60 days. *Proposed Project:* SF-424 Mandatory—OMB No. 4040-0002-Revision—Grants.gov. *Abstract:* This collection is the government-wide form used for mandatory grant programs. Proposed revision to the form includes the addition of a data block that will collect the “Descriptive Title of Applicant's Project.” The data field labeled “County” will be revised to read “County/Parish.” The instructions are also being revised to incorporate the new descriptive title block and also, revisions to the instructions for areas affected by funding and the congressional district. Changes to the instructions will increase data quality and clarity for the collection. Adding an additional data block is necessary to comply with the requirements of the Federal Funding Accountability and Transparency Act (FFATA). FFATA was signed into law on September 26, 2006 (Pub. L. 109-282). The legislation requires the Office of Management and Budget

(OMB)to establish a publicly available, online database containing information about entities that are awarded federal grants, loans, and contracts. The revised form will assist agencies in collecting the required data elements for the database through the SF-424 applications. This form will be utilized on occasion by up to 26 Federal grant making agencies with mandatory grant programs. We are requesting a 2-year clearance of this form. The affected public includes, Federal, State, local or tribal governments, business or other for profit, and not for profit institutions. Estimated Annualized Burden Table Agency Number of respondents Number of responses per respondent Average burden per response (in hours) Total burden hours DOL 110 2.6 1 286 DOT 50 1.1 1 55 DoED 114 1 1 114 NEA 65 1 32/60 35 USDA 317 1 1 317 Total 807 Dated: December 20, 2007. Terry Nicolosi, Office of the Secretary, Director, Office of Resources Management. [FR Doc. E7-25431 Filed 1-4-08; 8:45 am] BILLING CODE 4151-AE-P DEPARTMENT OF HEALTH AND HUMAN SERVICES Food and Drug Administration [Docket No. 2007N-0487] Meeting Being Planned to Obtain Public Input for Ensuring the Safety of Pet Food AGENCY: Food and Drug Administration, HHS ACTION: Notice of intent to schedule and hold public meeting. SUMMARY: The Food and Drug Administration

(FDA)is announcing its intention to schedule and hold a public meeting early in 2008 to obtain input from stakeholder groups, including, but not limited to, the Association of American Feed Control Officials (AAFCO), veterinary medical associations, animal health organizations, and pet food manufacturers for the development of ingredient, processing, and labeling standards to ensure the safety of pet food. These standards were mandated by the FDA Amendments Act of 2007 (FDAAA). *Date, Time, and Location* : The date, time, and location for the 2008 public meeting will be announced in a subsequent notice that will be published in the **Federal Register** a later date. *Addresses* : A docket has been opened at FDA to receive any comments in advance of the public meeting. Submit written comments to the Division of Dockets Management (HFA-305), Food and Drug Administration, 5630 Fishers Lane, rm. 1061, Rockville, MD 20852. Submit electronic comments to either *http://www.fda.gov/dockets/ecomments* or *http://www.regulations.gov* . FOR FURTHER INFORMATION CONTACT: Walter Osborne, Center for Veterinary Medicine (HFV-6), Food and Drug Administration, 7519 Standish Pl., Rockville, MD 20855, 240-276-9024, FAX: 240-276-9101, or e-mail: *walter.osborne@fda.hhs.gov* . SUPPLEMENTARY INFORMATION: I. Background FDAAA was signed into law by the President on September 27, 2007 (Public Law 110-085). Title X of the FDAAA includes several provisions pertaining to food safety, including the safety of pet food. Sec. 1002(a)of the new law directs that, within 2 years, FDA is to issue new regulations to establish ingredient standards and definitions, processing standards, and updated standards for labeling to include nutritional and ingredient information. This same provision of the law also directs that, in developing these new regulations, FDA obtain input from its stakeholders, including AAFCO, veterinary medical associations, animal health organizations, and pet food manufacturers. In order to obtain such input, FDA intends to hold a public meeting to hear directly from interested stakeholders. II. Public Meeting Details Because FDA is mandated by Congress to establish the new pet food requirements within 2 years of enactment of the FDAAA, it is imperative that the agency begin the rulemaking process as soon as possible. To that end, FDA intends to hold a public meeting in the greater Rockville, MD area sometime within the first 3 months of 2008. After the meeting, FDA will review all of the comments submitted to the docket prior to initiating the regulation drafting process. III. Comments FDA will publish a subsequent notice in the **Federal Register** announcing the details of the 2008 public meeting. However, anyone wishing to submit general comments about the new law as it relates to pet food safety or the planned public meeting may do so to the Division of Dockets Management (see *Addresses* ). Submit a single copy of electronic comments or two paper copies of any written comments, except that individuals may submit one paper copy. Comments should be identified with the full title and the docket number found in brackets in the heading of this document. Received comments will be available for public examination in the Division of Dockets Management between 9 a.m. and 4 p.m., Monday through Friday. You may also view received comments on the FDA's Internet site at: *http://www.fda.gov/ohrms/dockets* . Dated: December 27, 2007. Jeffrey Shuren, Assistant Commissioner for Policy. [FR Doc. E7-25599 Filed 1-4-08; 8:45 am] BILLING CODE 4160-01-S DEPARTMENT OF HEALTH AND HUMAN SERVICES National Institutes of Health National Institute of Child Health and Human Development; Notice of Meeting Pursuant to section 10(d) of the Federal Advisory Committee Act, as amended (5 U.S.C. Appendix 2), notice is hereby given of a meeting of the National Advisory Child Health and Human Development Council. The meeting will be open to the public as indicated below, with attendance limited to space available. Individuals who plan to attend and need special assistance, such as sign language interpretation or other reasonable accommodations, should notify the Contact Person listed below in advance of the meeting. The meeting will be closed to the public in accordance with the provisions set forth in sections 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., as amended. The grant applications and/or contract proposals and the discussions could disclose confidential trade secrets or commercial property such as patentable material, and personal information concerning individuals associated with the grant applications and/or contract proposals, the disclosure of which would constitute a clearly unwarranted invasion of personal privacy. *Name of Committee:* National Advisory Child Health and Human Development Council. *Date:* January 24, 2008. *Open:* 8 a.m. to 12:15 p.m. *Agenda:*

(1)A report by the Director, NICHD;

(2)Obstetric and Pediatric Pharmacology Branch Presentation;

(3)a report of the subcommittee on Planning and Policy; and other business of the Council. *Place:* National Institutes of Health, Building 31, 31 Center Drive, C-Wing, Conference Room 6, Bethesda, MD 20892. *Closed:* 1:30 p.m. to 5 p.m. *Agenda:* To review and evaluate grant applications and/or proposals. *Place:* National Institutes of Health, Building 31, 31 Center Drive, C-Wing, Conference Room 6, Bethesda, MD 20892. *Contact Person:* Yvonne T. Maddox, PhD, Deputy Director, National Institute of Child Health and Human Development, NIH, 9000 Rockville Pike MSC 7510, Building 31, Room 2A03, Bethesda, MD 20892,

(301)496-1848. Any interested person may file written comments with the committee by forwarding the statement to the Contact Person listed on this notice. The statement should include the name, address, telephone number and when applicable, the business or professional affiliation of the interested person. In the interest of security, NIH has instituted stringent procedures for entrance onto the NIH campus. All visitor vehicles, including taxicabs, hotel, and airport shuttles will be inspected before being allowed on campus. Visitors will be asked to show one form of identification (for example, a government-issued photo ID, driver's license, or passport) and to state the purpose of their visit. Information is also available on the Institute's/Center's home page: *www.nichd.nih.gov/about/nachhd.htm,* where an agenda and any additional information for the meeting will be posted when available. (Catalogue of Federal Domestic Assistance Program Nos. 93.864, Population Research; 93.865, Research for Mothers and Children; 93.929, Center for Medical Rehabilitation Research; 93.209, Contraception and Infertility Loan Repayment Program. National Institutes of Health, HHS) Dated: December 27, 2007. Anna Snouffer, Deputy Director, Office of Federal Advisory Committee Policy. [FR Doc. 07-6292 Filed 01-04-08; 8:45 am]

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