Energy Conservation Program for Consumer Products: Publication of the Petition for Waiver of Fujitsu General Limited From the DOE Residential Air Conditioner and Heat Pump Test Procedures (Case No. CAC-010), 5980-5984 [05-2184]
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Federal Register / Vol. 70, No. 23 / Friday, February 4, 2005 / Notices
Company, Joint Owners of the Highgate
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desiring to become a party to these
proceedings or to be heard by filing
comments or protests to this application
should file a petition to intervene,
comment or protest at the address
provided above in accordance with
§§ 385.211 or 385.214 of the FERC’s
Rules of Practice and Procedures (18
CFR 385.211, 385.214). Fifteen copies of
each petition and protest should be filed
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Issued in Washington, DC, on January 28,
2005.
Anthony J. Como,
Deputy Director, Electric Power Regulation,
Office of Fossil Energy.
[FR Doc. 05–2183 Filed 2–3–05; 8:45 am]
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DEPARTMENT OF ENERGY
Office of Energy Efficiency and
Renewable Energy
Energy Conservation Program for
Consumer Products: Publication of the
Petition for Waiver of Fujitsu General
Limited From the DOE Residential Air
Conditioner and Heat Pump Test
Procedures (Case No. CAC–010)
Office of Energy Efficiency and
Renewable Energy, Department of
Energy.
ACTION: Notice of petition for waiver and
solicitation of comments.
AGENCY:
SUMMARY: Today’s notice publishes a
Petition for Waiver from Fujitsu General
Limited (Fujitsu). The Fujitsu Petition
requests a waiver of the test procedures
applicable to residential and
commercial package air conditioners
and heat pumps. The Department of
Energy (DOE) is soliciting comments,
data, and information with respect to
the Petition for Waiver.
DATES: DOE will accept comments, data,
and information not later than March 7,
2005.
ADDRESSES: DOE will accept comments
on this Petition, identified by case
number CAC–010, and submitted by any
of the following methods:
• 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 paper original.
• Hand Delivery/Courier: Ms. Brenda
Edwards-Jones, U.S. Department of
Energy, Building Technologies Program,
Room 1J–018, 1000 Independence
Avenue, SW., Washington, DC 20585.
Docket: For access to the docket to
read copies of public comments
received, this notice, and the Petition
for Waiver, go to the U.S. Department of
Energy, Forrestal Building, Room 1J–018
(Resource Room of the Building
Technologies Program), 1000
Independence Avenue, SW.,
Washington, DC, (202) 586–9127,
between 9 a.m. and 4 p.m., Monday
through Friday, except Federal holidays.
Please call Ms. Brenda Edwards-Jones at
the above telephone number for
additional information regarding
visiting the Resource Room. Please note:
The Department’s Freedom of
Information Reading Room (formerly
Room 1E–190 at the Forrestal Building)
is no longer housing rulemaking
materials.
FOR FURTHER INFORMATION CONTACT: Dr.
Michael G. Raymond, U.S. Department
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of Energy, Building Technologies
Program, Mail Stop EE–2J, Forrestal
Building, 1000 Independence Avenue,
SW., Washington, DC 20585–0121, (202)
586–9611; e-mail:
Michael.Raymond.ee.doe.gov; or
Francine Pinto, Esq., or Thomas
DePriest, Esq., U.S. Department of
Energy, Office of General Counsel, Mail
Stop GC–72, Forrestal Building, 1000
Independence Avenue, SW.,
Washington, DC 20585–0103, (202) 586–
9507; e-mail:
Francine.Pinto@hq.doe.gov, or
Thomas.DePriest@hq.doe.gov.
SUPPLEMENTARY INFORMATION: Title III of
the Energy Policy and Conservation Act
(EPCA) sets forth a variety of provisions
concerning energy efficiency. Part B of
Title III (42 U.S.C. 6291–6309) provides
for the ‘‘Energy Conservation Program
for Consumer Products other than
Automobiles.’’ Part C of Title III (42
U.S.C. 6311–6317) 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 equipment, packaged
boilers, water heaters, and other types of
commercial equipment.
Today’s notice involves both
residential equipment under Part B, and
commercial equipment under Part C.
Both Parts specifically provide for
definitions, test procedures, labeling
provisions, energy conservation
standards, and the authority to require
information and reports from
manufacturers. With respect to test
procedures, both Parts generally
authorize the Secretary of Energy 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.
6293, 6314)
Fujitsu’s petition requests a waiver
from both the residential and
commercial test procedures for its
Airstage product, which is sold for both
residential and commercial
applications.
As noted above, the test procedure for
residential products appears at 10 CFR
Part 430, Subpart B.
For commercial package airconditioning and heating equipment,
EPCA provides that the test procedures
shall be those generally accepted
industry testing 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
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ASHRAE/IES Standard 90.1 and in
effect on June 30, 1992. (42 U.S.C.
6314(a)(4)(A)) This section also provides
for the Secretary of Energy to amend the
test procedure for a product if the
industry test procedure is amended,
unless the Secretary determines that
such a modified test procedure does not
meet the statutory criteria. (42 U.S.C.
6314(a)(4)(B)) On October 21, 2004, the
Department published a direct final rule
adopting ARI Standard 210/240–2003
for small commercial package air
conditioning and heating equipment
≤65,000 Btu/h. (69 FR 61962)
The test procedures in that direct final
rule apply to three-phase products, but
the Fujitsu product is single phase for
both residential and commercial use.
There is no prescribed test procedure for
single-phase, small commercial
packaged air conditioning and heating
equipment, so no test procedure waiver
is required for commercial Airstage
products. Moreover, Fujitsu’s Airstage
products are, since they are distributed
in commerce, to a significant extent, for
personal use or consumption by
individuals, properly classified as a
consumer product. (42 U.S.C.
6291(1)(B)) Thus, the Fujitsu Airstage
products require a waiver only from the
Department’s residential test procedure,
which appears at 10 CFR Part 430,
Subpart B.
The Department’s regulations contain
provisions allowing a person to seek a
waiver from the test procedure
requirements for covered consumer
products. These provisions are set forth
in 10 CFR 430.27. The waiver
provisions allow the Assistant Secretary
for Energy Efficiency and Renewable
Energy to waive temporarily test
procedures for a particular basic model
when a petitioner shows that the basic
model contains one or more design
characteristics that prevent testing
according to the prescribed test
procedures, or when the prescribed test
procedures may evaluate the basic
model in a manner so unrepresentative
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of its true energy consumption as to
provide materially inaccurate
comparative data. (10 CFR Sections
430.27 (a)(1)) Waivers generally remain
in effect until final test procedure
amendments become effective, thereby
resolving the problem that is the subject
of the waiver.
On June 14, 2004, Fujitsu filed a
Petition for Waiver from the test
procedures applicable to residential and
commercial package air conditioning
and heating equipment. In particular,
Fujitsu seeks a waiver from the
residential test procedure contained in
10 CFR Part 430, Subpart B, Appendix
M. As previously discussed, no waiver
from the commercial test procedure is
required. Fujitsu seeks a waiver from
the test procedure for its Airstage
variable refrigerant flow system, multisplit air conditioner and heat pump
models listed below:
Outdoor unit, Heat pump type:
AOU54U****
51.9 kBtu/hr cooling/54.4 kBtu/hr
heating, single phase, 208–230Vac,
60Hz
Outdoor unit, Cooling only type:
AOU54F****
51.9 kBtu/hr cooling, single phase, 208–
230Vac, 60Hz
Indoor units:
AR Series, Compact duct type (ceiling/
floor standing), ARU 7/9/12/14/18/
20/22****
AR Series, Duct type, ARU25/30/36/
45****
AS Series, Wall mounted type, ASU7/9/
12/14/18/24/30****
AU Series, Compact ceiling cassette
type, AUU7/9/12/14/18****
AU Series, Ceiling cassette type,
AUU20/25/30/36/45/54****
The * denotes engineering differences in
the basic models.
Fujitsu seeks a waiver from the
applicable test procedure because,
Fujitsu asserts, the current test
procedure evaluates its Airstage
products in a manner that is not
representative of their true energy
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5981
efficiency. Fujitsu claims that the energy
usage of its Airstage systems cannot be
representatively measured using the
current test procedure for the following
reasons:
1. The test procedure provides for
testing of a pair of indoor and outdoor
assemblies making up a typical split
system, but provides no direction about
how Airstage units, with more than ten
thousand combinations of indoor units,
could be evaluated with just one
outdoor unit test.
2. The test procedure calls for testing
‘‘matched assemblies,’’ but Airstage
systems are designed to be used in
zoning systems where the capacity of
the indoor units does not match the
capacity of the outdoor unit.
The Fujitsu petition requests that DOE
grant a waiver from the existing test
procedure until such time as DOE can
develop and adopt a test procedure that
properly measures the energy efficiency
for this class of products. Fujitsu
intends to work with DOE, stakeholders,
and ARI to develop the appropriate test
procedure.
The Department is publishing
Fujitsu’s Petition for Waiver in its
entirety. The Petition contains no
confidential information. The
Department solicits comments, data,
and information with respect to the
Petition. The Department is particularly
interested in receiving comments and
views of interested parties concerning
any alternate test procedures, or
modifications to test procedures, which
the Department could use to fairly
represent the energy efficiency of
Fujitsu’s Airstage products. Any person
submitting written comments must also
send a copy of such comments to the
petitioner. 10 CFR 430.27(b)(1)(iv).
Issued in Washington, DC, on January 28,
2005.
David K. Garman,
Assistant Secretary, Energy Efficiency and
Renewable Energy.
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Enclosure
Petition for waiver of test procedure
applicable to our ‘‘Airstage’’, variable
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refrigerant flow multi-split air conditioners
and heat pumps, is as follows;
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1. The Design Characteristics
We developed ‘‘Airstage’’ in response to
the need for a comfortable, more energy
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efficient air-conditioning system with simple
zoning. This compact 54000BTU/h variable
refrigerant flow multi-split system provides
economical, comfortable air-conditioning for
a wide range of applications both
residentially and commercially. It consists of
one outdoor unit, using a DC Inverter scroll
compressor with variable capacity, mated to
multiple indoor units and uses variable
refrigerant flow and control systems. Piping
connections are made by separation tube
and/or header and electronic expansion valve
units.
Airstage’’ has the capability of connecting
a single outdoor unit with up to 8 indoor
units selected from 5 chassis types with 29
basic models (listed in item 4 of this
enclosure), giving these systems more than
ten thousand installation combinations. The
operating characteristics allow each indoor
unit to have a different set temperature and
a different mode of operation (i.e. on/off/fan).
The DC Inverter scroll compressor and
system controls maintain compressor
operation under optimum pressure. To
precisely match the performance of the
system to the load of the conditioned areas,
‘‘Airstage’’ detects information on capacity
(refrigerant requirements) in the indoor units
and temperature (converted into pressure
value) of refrigerant gas fed into the
compressor through the refrigerant flow
system.
The compressor is capable of reducing its
operating capacity to as little as 20% of its
rated capacity. Zone diversity enables
‘‘Airstage’’ to have a total connected indoor
unit capacity of up to 150% of the capacity
of the outdoor unit.
2. The Grounds for the Petition
We seek a waiver from the test procedures
applicable to central air conditioners and
central air conditioning heat pumps under
Title III of the Energy Policy and
Conservation Act (EPCA), Part B of Title III
(42 U.S.C. 6291–6309) Energy Conservation
Program for Consumer Products other than
Automobiles and 10 CFR 430 Energy
Conservation Program for Consumer Products
and Part C of Title III (42 U.S.C. 6311–6317)
Energy Efficiency of Industrial Equipment
and 10 CFR 431 Energy Efficiency Program
for Certain Commercial and Industrial
Equipment.
In particular, we seek a waiver from the
currently applicable test procedures provided
in 10 CFR 430. 23 (m) Central Air
Conditioners and 10CFR 430.27 Appendix M,
Subpart B Uniform Test Method for
Measuring the Energy Consumption of
Central Air Conditioners for residential uses
and ARI 210/240 (1989) and ARI 210/240
(1994) that you intend to adopt for
commercial uses.
3. The Specific Requirements Sought To Be
Waived and the Need for the Waiver
We seek a waiver from the applicable test
procedures for ‘‘Airstage’’, because the
current test procedures evaluates ‘‘Airstage’’
in a manner so unrepresentative of its true
energy consumption as to provide materially
inaccurate comparative data. We indicate two
reasons and describe the details as follows;
(1) The test procedures provide for testing
of a pair of indoor and outdoor assemblies
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making up a typical split system, but
provides no direction about how ‘‘Airstage’’,
with more than ten thousand combinations of
indoor units, could be evaluated with just
one outdoor unit test.
The test procedures do not provide for
separate testing of indoor and outdoor unit of
split systems. Rather, they provide for the
indoor and outdoor unit to be tested together.
Almost all of the systems covered by test
procedures have one outdoor unit matched to
one indoor unit.
Typical multi-split central air conditioners
and heat pumps systems (a configuration
with up to four indoor units and one outdoor
unit) are presently tested with all indoor
units operating. It is practical for these
systems to be tested in this manner because
matching of indoor units to the outdoor unit
are defined and test can be performed with
standard representative combination of
outdoor and indoor units. However with
‘‘Airstage’’ there is no standard
representative combination of outdoor and
indoor units for testing.
Airstage products are intended to be used
in zoning systems where an outdoor unit can
be connected with up to 8 separate indoor
units in a zoned system. Moreover, we offer
29 indoor unit models. Each of these indoor
unit models is designed to be used with up
to 7 other indoor units, which need not be
the same models, in combination with a
single outdoor unit. Thus, for each
‘‘Airstage’’ outdoor unit, there are more than
ten thousand possible combinations of
indoor units that can be matched in a system
configuration.
The current test procedure provides no
direction for determining what combinations
of outdoor unit and indoor units should be
tested in these circumstances. While a test
procedure using two or three indoor units
whose total capacity matches that of the
outdoor unit may be considered, the results
will not entirely represent the system’s true
energy consumption characteristics. Because
the test procedure sets a condition to the
ratings based on one test combination among
more than ten thousand possible
combinations, they do not represent all
system combinations and consumers may
misread true energy consumption if their
system configuration differs from that
condition.
However, it is unduly burdensome for us
to conduct each possible combination and
not practical. Thus, the test procedure does
not contemplate, and cannot practically be
applied to our ‘‘Airstage’’ consisting of
multiple assemblies that are intended to be
used in a very large number of different
combinations.
(2) The test procedure calls for testing
‘‘matched assemblies’’, but ‘‘Airstage’’ is
designed to be used in zoning systems where
the capacity of the indoor units does not
match capacity of the outdoor unit.
Indoor and outdoor coils in split systems
are typically balanced and the capacity of the
outdoor coil is equivalent to the capacity of
the indoor coil. However, with ‘‘Airstage’’ the
sum of the capacity of the indoor units
connected into the system can be as much as
150% of the capacity of the outdoor coil.
Such unbalanced combinations of indoor
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units and outdoor unit are possible because
of the zoning characteristics of the system;
the use of electronic expansion valves to
precisely control refrigerant flow to each
indoor unit; and the system intelligence for
overall system control. The test procedure
designed for matched assemblies does not
contemplate or address testing for
substantially unbalanced zoning systems.
For these reasons, the existing test
procedures evaluate ‘‘Airstage’’ in a manner
so unrepresentative of its true energy
consumption characteristics as to provide
materially inaccurate comparative data.
It is not surprising that the existing test
procedures do not address the issues listed
above, because variable refrigerant flow
multi-split systems are newly developed and
recently proposed for use in North American
markets. However, without a waiver of the
test procedures for variable refrigerant flow
multi-split systems like ‘‘Airstage’’, we are at
a competitive disadvantage in the market.
Customers expect us to provide more
energy efficiency products however, the
current test procedures cannot be
meaningfully applied to ‘‘Airstage’’ for the
reasons described above. Moreover, if there is
an applicable test procedure for a covered
product, 42 U.S.C. 6293(c) and 42 U.S.C.
6314(d) of EPCA prohibits a manufacturer
from making representations about the
energy consumption of the equipment unless
the equipment has been tested in accordance
with such test procedures and the
representation fairly discloses the results of
the testing.
Therefore, we are at a disadvantage in our
ability to provide information on energy
consumption to our customers.
This is particularly counterproductive for
the ‘‘Airstage’’ because these systems are
specifically designed to deliver energy
savings for customers.
We will do our best to explain customers
that current test procedures evaluate
‘‘Airstage’’ in a manner so unrepresentative
of its true energy consumption characteristics
and we applied you for a waiver of test
procedures for ‘‘Airstage’’.
4. Identification of the Basic Models
We seek a waiver from the test procedures
for ‘‘Airstage’’, variable refrigerant flow
system multi split air conditioners and heat
pumps, listed below;
Outdoor unit, Heat pump type: AOU54U****
15.2kW cooling/16.6kW heating, single
phase, 208–230Vac, 60Hz
Outdoor unit, Cooling only type:
AOU54F****
15.2kW cooling, single phase, 208–230Vac,
60Hz
Indoor units:
AR Series, Compact duct type (ceiling/floor
standing), ARU 7/9/12/14/18/20/22****
AR Series, Duct type, ARU25/30/36/45****,
AS Series, Wall mounted type, ASU7/9/12/
14/18/24/30****
AU Series, Compact ceiling cassette type,
AUU7/9/12/14/18****
AU Series, Ceiling cassette type, AUU20/25/
30/36/45/54****
The * denotes engineering differences in the
basic models.
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5. Identification of the Manufacturers of All
Other Basic Models
Variable refrigerant flow multi split air
conditioner and heat pump systems are
proposed in the United States by Mitsubishi
Electric and Electronics USA Inc. and
Samsung Electronics Company, Ltd.
However, their application is almost
exclusively for commercial or industrial uses
and not for residential use. Our ‘‘Airstage’’,
compact, economical and comfortable airconditioning and heat pump systems, are
developed especially for residential and
commercial uses.
As far as we know, Samsung Electronics
Company, Ltd might offer residential type.
6. Alternate Test Procedures
As we mentioned in (1) of item 3, two or
three indoor units whose total capacity
match capacity of outdoor unit may be used
for testing, but will not entirely represent the
true energy consumption characteristics.
Thus, there are no alternative test procedures
known to us that could evaluate these
products in a representative manner.
Conclusion
We seek a waiver of current test procedures
established in 10 CFR 430.23(m) Central Air
Conditioners and 10 CFR 430.27 Appendix M
to Subpart B Uniform Test Method for
Measuring the Energy Consumption of
Central Air Conditioners for residential uses
and ARI 210/240 (1989) and ARI 210/240
(1994) for commercial uses, because the
current test procedures evaluate the basic
models in a manner so unrepresentative of
their true energy consumption characteristics
as to provided materially inaccurate
comparative data and would like you to grant
a waiver from existing test procedures until
a representative test procedure is developed
and approved by you.
We will work with stakeholders, U.S.
Department of Energy, Air-Conditioning &
Refrigeration Institute and others, through
the process of developing test procedures
suitable for products using variable
refrigerant flow systems.
[FR Doc. 05–2184 Filed 2–3–05; 8:45 am]
BILLING CODE 6450–01–P
DEPARTMENT OF ENERGY
approved negotiated rate agreement that
applies to service on its pipeline system.
Any person desiring to intervene or to
protest this filing 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). 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. Any person wishing to
become a party must file a notice of
intervention or motion to intervene, as
appropriate. Such notices, motions, or
protests must be filed in accordance
with the provisions of Section 154.210
of the Commission’s regulations (18 CFR
154.210). Anyone filing an intervention
or protest must serve a copy of that
document on the Applicant. Anyone
filing an intervention or protest on or
before the intervention or protest date
need not serve motions to intervene or
protests on persons other than the
Applicant.
The Commission encourages
electronic submission of protests and
interventions in lieu of paper using the
‘‘eFiling’’ link at https://www.ferc.gov.
Persons unable to file electronically
should submit an original and 14 copies
of the protest or intervention to the
Federal Energy Regulatory Commission,
888 First Street, NE., Washington, DC
20426.
This filing is accessible on-line at
https://www.ferc.gov, using the
‘‘eLibrary’’ link and is 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.
Magalie R. Salas,
Secretary.
[FR Doc. E5–427 Filed 2–3–05; 8:45 am]
Federal Energy Regulatory
Commission
[Docket No. RP05–159–000]
BILLING CODE 6717–01–P
Cheyenne Plains Gas Pipeline
Company, LLC; Notice of Proposed
Changes in FERC Gas Tariff
DEPARTMENT OF ENERGY
January 27, 2005.
Take notice that on January 24, 2005,
Cheyenne Plains Gas Pipeline Company,
LLC (Cheyenne Plains) tendered for
filing a revised firm Transportation
Service Agreement with Oneok Energy
Services Company, L.P. to become
effective January 24, 2005.
Cheyenne Plains states that the
revised FTSA updates a previously
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Federal Energy Regulatory
Commission
[Docket Nos. ER05–325–000]
Credit Suisse First Boston Energy,
LLC; Notice of Issuance of Order
January 27, 2005.
Credit Suisse First Boston Energy,
LLC (CSFBE) filed an application for
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market-based rate authority, with an
accompanying tariff. The proposed tariff
provides for wholesale sales of energy,
capacity and ancillary services at
market-based rates. CSFBE also
requested waiver of various Commission
regulations. In particular, CSFBE
requested that the Commission grant
blanket approval under 18 CFR part 34
of all future issuances of securities and
assumptions of liability by CSFBE.
On January 25, 2005, the Commission
granted the request for blanket approval
under part 34, subject to the following:
Any person desiring to be heard or to
protest the blanket approval of
issuances of securities or assumptions of
liability by CSFBE should file a motion
to intervene or protest with the Federal
Energy Regulatory Commission, 888
First Street, NE., Washington, DC 20426,
in accordance with Rules 211 and 214
of the Commission’s Rules of Practice
and Procedure. 18 CFR 385.211, 385.214
(2004).
Notice is hereby given that the
deadline for filing motions to intervene
or protest, is February 24, 2005.
Absent a request to be heard in
opposition by the deadline above,
CSFBE is authorized to issue securities
and assume obligations or liabilities as
a guarantor, indorser, surety, or
otherwise in respect of any security of
another person; provided that such
issuance or assumption is for some
lawful object within the corporate
purposes of CSFBE, compatible with the
public interest, and is reasonably
necessary or appropriate for such
purposes.
The Commission reserves the right to
require a further showing that neither
public nor private interests will be
adversely affected by continued
approval of CSFBE’s issuances of
securities or assumptions of liability.
Copies of the full text of the
Commission’s Order are available from
the Commission’s Public Reference
Room, 888 First Street, NE.,
Washington, DC 20426. The Order may
also be viewed on the Commission’s
Web site at https://www.ferc.gov, using
the eLibrary link. Enter the docket
number excluding the last three digits in
the docket number filed to access the
document. Comments, protests, and
interventions may be filed electronically
via the Internet in lieu of paper. See 18
CFR 385.2001(a)(1)(iii) and the
instructions on the Commission’s Web
site under the ‘‘e-Filing’’ link. The
E:\FR\FM\04FEN1.SGM
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]]>Agencies
[Federal Register Volume 70, Number 23 (Friday, February 4, 2005)]
[Notices]
[Pages 5980-5984]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-2184]
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DEPARTMENT OF ENERGY
Office of Energy Efficiency and Renewable Energy
Energy Conservation Program for Consumer Products: Publication of
the Petition for Waiver of Fujitsu General Limited From the DOE
Residential Air Conditioner and Heat Pump Test Procedures (Case No.
CAC-010)
AGENCY: Office of Energy Efficiency and Renewable Energy, Department of
Energy.
ACTION: Notice of petition for waiver and solicitation of comments.
-----------------------------------------------------------------------
SUMMARY: Today's notice publishes a Petition for Waiver from Fujitsu
General Limited (Fujitsu). The Fujitsu Petition requests a waiver of
the test procedures applicable to residential and commercial package
air conditioners and heat pumps. The Department of Energy (DOE) is
soliciting comments, data, and information with respect to the Petition
for Waiver.
DATES: DOE will accept comments, data, and information not later than
March 7, 2005.
ADDRESSES: DOE will accept comments on this Petition, identified by
case number CAC-010, and submitted by any of the following methods:
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 paper
original.
Hand Delivery/Courier: Ms. Brenda Edwards-Jones, U.S.
Department of Energy, Building Technologies Program, Room 1J-018, 1000
Independence Avenue, SW., Washington, DC 20585.
Docket: For access to the docket to read copies of public comments
received, this notice, and the Petition for Waiver, go to the U.S.
Department of Energy, Forrestal Building, Room 1J-018 (Resource Room of
the Building Technologies Program), 1000 Independence Avenue, SW.,
Washington, DC, (202) 586-9127, between 9 a.m. and 4 p.m., Monday
through Friday, except Federal holidays. Please call Ms. Brenda
Edwards-Jones at the above telephone number for additional information
regarding visiting the Resource Room. Please note: The Department's
Freedom of Information Reading Room (formerly Room 1E-190 at the
Forrestal Building) is no longer housing rulemaking materials.
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, (202) 586-9611; e-mail: Michael.Raymond.ee.doe.gov; or
Francine Pinto, Esq., or Thomas DePriest, Esq., U.S. Department of
Energy, Office of General Counsel, Mail Stop GC-72, Forrestal Building,
1000 Independence Avenue, SW., Washington, DC 20585-0103, (202) 586-
9507; e-mail: Francine.Pinto@hq.doe.gov, or Thomas.DePriest@hq.doe.gov.
SUPPLEMENTARY INFORMATION: Title III of the Energy Policy and
Conservation Act (EPCA) sets forth a variety of provisions concerning
energy efficiency. Part B of Title III (42 U.S.C. 6291-6309) provides
for the ``Energy Conservation Program for Consumer Products other than
Automobiles.'' Part C of Title III (42 U.S.C. 6311-6317) 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 equipment, packaged boilers, water heaters,
and other types of commercial equipment.
Today's notice involves both residential equipment under Part B,
and commercial equipment under Part C. Both Parts specifically provide
for definitions, test procedures, labeling provisions, energy
conservation standards, and the authority to require information and
reports from manufacturers. With respect to test procedures, both Parts
generally authorize the Secretary of Energy 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. 6293,
6314)
Fujitsu's petition requests a waiver from both the residential and
commercial test procedures for its Airstage product, which is sold for
both residential and commercial applications.
As noted above, the test procedure for residential products appears
at 10 CFR Part 430, Subpart B.
For commercial package air-conditioning and heating equipment, EPCA
provides that the test procedures shall be those generally accepted
industry testing 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
[[Page 5981]]
ASHRAE/IES Standard 90.1 and in effect on June 30, 1992. (42 U.S.C.
6314(a)(4)(A)) This section also provides for the Secretary of Energy
to amend the test procedure for a product if the industry test
procedure is amended, unless the Secretary determines that such a
modified test procedure does not meet the statutory criteria. (42
U.S.C. 6314(a)(4)(B)) On October 21, 2004, the Department published a
direct final rule adopting ARI Standard 210/240-2003 for small
commercial package air conditioning and heating equipment <=65,000 Btu/
h. (69 FR 61962)
The test procedures in that direct final rule apply to three-phase
products, but the Fujitsu product is single phase for both residential
and commercial use. There is no prescribed test procedure for single-
phase, small commercial packaged air conditioning and heating
equipment, so no test procedure waiver is required for commercial
Airstage products. Moreover, Fujitsu's Airstage products are, since
they are distributed in commerce, to a significant extent, for personal
use or consumption by individuals, properly classified as a consumer
product. (42 U.S.C. 6291(1)(B)) Thus, the Fujitsu Airstage products
require a waiver only from the Department's residential test procedure,
which appears at 10 CFR Part 430, Subpart B.
The Department's regulations contain provisions allowing a person
to seek a waiver from the test procedure requirements for covered
consumer products. These provisions are set forth in 10 CFR 430.27. The
waiver provisions allow the Assistant Secretary for Energy Efficiency
and Renewable Energy to waive temporarily test procedures for a
particular basic model when a petitioner shows that the basic model
contains one or more design characteristics that prevent testing
according to the prescribed test procedures, or when 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 Sections 430.27 (a)(1))
Waivers generally remain in effect until final test procedure
amendments become effective, thereby resolving the problem that is the
subject of the waiver.
On June 14, 2004, Fujitsu filed a Petition for Waiver from the test
procedures applicable to residential and commercial package air
conditioning and heating equipment. In particular, Fujitsu seeks a
waiver from the residential test procedure contained in 10 CFR Part
430, Subpart B, Appendix M. As previously discussed, no waiver from the
commercial test procedure is required. Fujitsu seeks a waiver from the
test procedure for its Airstage variable refrigerant flow system,
multi-split air conditioner and heat pump models listed below:
Outdoor unit, Heat pump type: AOU54U****
51.9 kBtu/hr cooling/54.4 kBtu/hr heating, single phase, 208-230Vac,
60Hz
Outdoor unit, Cooling only type: AOU54F****
51.9 kBtu/hr cooling, single phase, 208-230Vac, 60Hz
Indoor units:
AR Series, Compact duct type (ceiling/floor standing), ARU 7/9/12/14/
18/20/22****
AR Series, Duct type, ARU25/30/36/45****
AS Series, Wall mounted type, ASU7/9/12/14/18/24/30****
AU Series, Compact ceiling cassette type, AUU7/9/12/14/18****
AU Series, Ceiling cassette type, AUU20/25/30/36/45/54****
The * denotes engineering differences in the basic models.
Fujitsu seeks a waiver from the applicable test procedure because,
Fujitsu asserts, the current test procedure evaluates its Airstage
products in a manner that is not representative of their true energy
efficiency. Fujitsu claims that the energy usage of its Airstage
systems cannot be representatively measured using the current test
procedure for the following reasons:
1. The test procedure provides for testing of a pair of indoor and
outdoor assemblies making up a typical split system, but provides no
direction about how Airstage units, with more than ten thousand
combinations of indoor units, could be evaluated with just one outdoor
unit test.
2. The test procedure calls for testing ``matched assemblies,'' but
Airstage systems are designed to be used in zoning systems where the
capacity of the indoor units does not match the capacity of the outdoor
unit.
The Fujitsu petition requests that DOE grant a waiver from the
existing test procedure until such time as DOE can develop and adopt a
test procedure that properly measures the energy efficiency for this
class of products. Fujitsu intends to work with DOE, stakeholders, and
ARI to develop the appropriate test procedure.
The Department is publishing Fujitsu's Petition for Waiver in its
entirety. The Petition contains no confidential information. The
Department solicits comments, data, and information with respect to the
Petition. The Department is particularly interested in receiving
comments and views of interested parties concerning any alternate test
procedures, or modifications to test procedures, which the Department
could use to fairly represent the energy efficiency of Fujitsu's
Airstage products. Any person submitting written comments must also
send a copy of such comments to the petitioner. 10 CFR
430.27(b)(1)(iv).
Issued in Washington, DC, on January 28, 2005.
David K. Garman,
Assistant Secretary, Energy Efficiency and Renewable Energy.
BILLING CODE 6450-01-P
[[Page 5982]]
[GRAPHIC] [TIFF OMITTED] TN04FE05.001
Enclosure
Petition for waiver of test procedure applicable to our
``Airstage'', variable refrigerant flow multi-split air conditioners
and heat pumps, is as follows;
1. The Design Characteristics
We developed ``Airstage'' in response to the need for a
comfortable, more energy
[[Page 5983]]
efficient air-conditioning system with simple zoning. This compact
54000BTU/h variable refrigerant flow multi-split system provides
economical, comfortable air-conditioning for a wide range of
applications both residentially and commercially. It consists of one
outdoor unit, using a DC Inverter scroll compressor with variable
capacity, mated to multiple indoor units and uses variable
refrigerant flow and control systems. Piping connections are made by
separation tube and/or header and electronic expansion valve units.
Airstage'' has the capability of connecting a single outdoor
unit with up to 8 indoor units selected from 5 chassis types with 29
basic models (listed in item 4 of this enclosure), giving these
systems more than ten thousand installation combinations. The
operating characteristics allow each indoor unit to have a different
set temperature and a different mode of operation (i.e. on/off/fan).
The DC Inverter scroll compressor and system controls maintain
compressor operation under optimum pressure. To precisely match the
performance of the system to the load of the conditioned areas,
``Airstage'' detects information on capacity (refrigerant
requirements) in the indoor units and temperature (converted into
pressure value) of refrigerant gas fed into the compressor through
the refrigerant flow system.
The compressor is capable of reducing its operating capacity to
as little as 20% of its rated capacity. Zone diversity enables
``Airstage'' to have a total connected indoor unit capacity of up to
150% of the capacity of the outdoor unit.
2. The Grounds for the Petition
We seek a waiver from the test procedures applicable to central
air conditioners and central air conditioning heat pumps under Title
III of the Energy Policy and Conservation Act (EPCA), Part B of
Title III (42 U.S.C. 6291-6309) Energy Conservation Program for
Consumer Products other than Automobiles and 10 CFR 430 Energy
Conservation Program for Consumer Products and Part C of Title III
(42 U.S.C. 6311-6317) Energy Efficiency of Industrial Equipment and
10 CFR 431 Energy Efficiency Program for Certain Commercial and
Industrial Equipment.
In particular, we seek a waiver from the currently applicable
test procedures provided in 10 CFR 430. 23 (m) Central Air
Conditioners and 10CFR 430.27 Appendix M, Subpart B Uniform Test
Method for Measuring the Energy Consumption of Central Air
Conditioners for residential uses and ARI 210/240 (1989) and ARI
210/240 (1994) that you intend to adopt for commercial uses.
3. The Specific Requirements Sought To Be Waived and the Need for
the Waiver
We seek a waiver from the applicable test procedures for
``Airstage'', because the current test procedures evaluates
``Airstage'' in a manner so unrepresentative of its true energy
consumption as to provide materially inaccurate comparative data. We
indicate two reasons and describe the details as follows;
(1) The test procedures provide for testing of a pair of indoor
and outdoor assemblies making up a typical split system, but
provides no direction about how ``Airstage'', with more than ten
thousand combinations of indoor units, could be evaluated with just
one outdoor unit test.
The test procedures do not provide for separate testing of
indoor and outdoor unit of split systems. Rather, they provide for
the indoor and outdoor unit to be tested together. Almost all of the
systems covered by test procedures have one outdoor unit matched to
one indoor unit.
Typical multi-split central air conditioners and heat pumps
systems (a configuration with up to four indoor units and one
outdoor unit) are presently tested with all indoor units operating.
It is practical for these systems to be tested in this manner
because matching of indoor units to the outdoor unit are defined and
test can be performed with standard representative combination of
outdoor and indoor units. However with ``Airstage'' there is no
standard representative combination of outdoor and indoor units for
testing.
Airstage products are intended to be used in zoning systems
where an outdoor unit can be connected with up to 8 separate indoor
units in a zoned system. Moreover, we offer 29 indoor unit models.
Each of these indoor unit models is designed to be used with up to 7
other indoor units, which need not be the same models, in
combination with a single outdoor unit. Thus, for each ``Airstage''
outdoor unit, there are more than ten thousand possible combinations
of indoor units that can be matched in a system configuration.
The current test procedure provides no direction for determining
what combinations of outdoor unit and indoor units should be tested
in these circumstances. While a test procedure using two or three
indoor units whose total capacity matches that of the outdoor unit
may be considered, the results will not entirely represent the
system's true energy consumption characteristics. Because the test
procedure sets a condition to the ratings based on one test
combination among more than ten thousand possible combinations, they
do not represent all system combinations and consumers may misread
true energy consumption if their system configuration differs from
that condition.
However, it is unduly burdensome for us to conduct each possible
combination and not practical. Thus, the test procedure does not
contemplate, and cannot practically be applied to our ``Airstage''
consisting of multiple assemblies that are intended to be used in a
very large number of different combinations.
(2) The test procedure calls for testing ``matched assemblies'',
but ``Airstage'' is designed to be used in zoning systems where the
capacity of the indoor units does not match capacity of the outdoor
unit.
Indoor and outdoor coils in split systems are typically balanced
and the capacity of the outdoor coil is equivalent to the capacity
of the indoor coil. However, with ``Airstage'' the sum of the
capacity of the indoor units connected into the system can be as
much as 150% of the capacity of the outdoor coil. Such unbalanced
combinations of indoor units and outdoor unit are possible because
of the zoning characteristics of the system; the use of electronic
expansion valves to precisely control refrigerant flow to each
indoor unit; and the system intelligence for overall system control.
The test procedure designed for matched assemblies does not
contemplate or address testing for substantially unbalanced zoning
systems.
For these reasons, the existing test procedures evaluate
``Airstage'' in a manner so unrepresentative of its true energy
consumption characteristics as to provide materially inaccurate
comparative data.
It is not surprising that the existing test procedures do not
address the issues listed above, because variable refrigerant flow
multi-split systems are newly developed and recently proposed for
use in North American markets. However, without a waiver of the test
procedures for variable refrigerant flow multi-split systems like
``Airstage'', we are at a competitive disadvantage in the market.
Customers expect us to provide more energy efficiency products
however, the current test procedures cannot be meaningfully applied
to ``Airstage'' for the reasons described above. Moreover, if there
is an applicable test procedure for a covered product, 42 U.S.C.
6293(c) and 42 U.S.C. 6314(d) of EPCA prohibits a manufacturer from
making representations about the energy consumption of the equipment
unless the equipment has been tested in accordance with such test
procedures and the representation fairly discloses the results of
the testing.
Therefore, we are at a disadvantage in our ability to provide
information on energy consumption to our customers.
This is particularly counterproductive for the ``Airstage''
because these systems are specifically designed to deliver energy
savings for customers.
We will do our best to explain customers that current test
procedures evaluate ``Airstage'' in a manner so unrepresentative of
its true energy consumption characteristics and we applied you for a
waiver of test procedures for ``Airstage''.
4. Identification of the Basic Models
We seek a waiver from the test procedures for ``Airstage'',
variable refrigerant flow system multi split air conditioners and
heat pumps, listed below;
Outdoor unit, Heat pump type: AOU54U****
15.2kW cooling/16.6kW heating, single phase, 208-230Vac, 60Hz
Outdoor unit, Cooling only type: AOU54F****
15.2kW cooling, single phase, 208-230Vac, 60Hz
Indoor units:
AR Series, Compact duct type (ceiling/floor standing), ARU 7/9/12/
14/18/20/22****
AR Series, Duct type, ARU25/30/36/45****,
AS Series, Wall mounted type, ASU7/9/12/14/18/24/30****
AU Series, Compact ceiling cassette type, AUU7/9/12/14/18****
AU Series, Ceiling cassette type, AUU20/25/30/36/45/54****
The * denotes engineering differences in the basic models.
[[Page 5984]]
5. Identification of the Manufacturers of All Other Basic Models
Variable refrigerant flow multi split air conditioner and heat
pump systems are proposed in the United States by Mitsubishi
Electric and Electronics USA Inc. and Samsung Electronics Company,
Ltd. However, their application is almost exclusively for commercial
or industrial uses and not for residential use. Our ``Airstage'',
compact, economical and comfortable air-conditioning and heat pump
systems, are developed especially for residential and commercial
uses.
As far as we know, Samsung Electronics Company, Ltd might offer
residential type.
6. Alternate Test Procedures
As we mentioned in (1) of item 3, two or three indoor units
whose total capacity match capacity of outdoor unit may be used for
testing, but will not entirely represent the true energy consumption
characteristics. Thus, there are no alternative test procedures
known to us that could evaluate these products in a representative
manner.
Conclusion
We seek a waiver of current test procedures established in 10
CFR 430.23(m) Central Air Conditioners and 10 CFR 430.27 Appendix M
to Subpart B Uniform Test Method for Measuring the Energy
Consumption of Central Air Conditioners for residential uses and ARI
210/240 (1989) and ARI 210/240 (1994) for commercial uses, because
the current test procedures evaluate the basic models in a manner so
unrepresentative of their true energy consumption characteristics as
to provided materially inaccurate comparative data and would like
you to grant a waiver from existing test procedures until a
representative test procedure is developed and approved by you.
We will work with stakeholders, U.S. Department of Energy, Air-
Conditioning & Refrigeration Institute and others, through the
process of developing test procedures suitable for products using
variable refrigerant flow systems.
[FR Doc. 05-2184 Filed 2-3-05; 8:45 am]
BILLING CODE 6450-01-P
