Energy Conservation Program for Consumer Products: Publication of the Petition for Waiver and Granting of the Application for Interim Waiver of Daikin U.S. Corporation From the DOE Residential and Commercial Package Air Conditioner and Heat Pump Test Procedures (Case No. CAC-011), 35986-35991 [E7-12733]
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Federal Register / Vol. 72, No. 126 / Monday, July 2, 2007 / Notices
DEPARTMENT OF ENERGY
Office of Energy Efficiency and
Renewable Energy
[EERE–2007–BT–WAV–0005]
Energy Conservation Program for
Consumer Products: Publication of the
Petition for Waiver and Granting of the
Application for Interim Waiver of
Daikin U.S. Corporation From the DOE
Residential and Commercial Package
Air Conditioner and Heat Pump Test
Procedures (Case No. CAC–011)
Office of Energy Efficiency and
Renewable Energy, Department of
Energy.
ACTION: Notice of Petition for Waiver,
Granting of Extension of Interim Waiver,
and Request for Comments.
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AGENCY:
SUMMARY: Today’s notice publishes a
Petition for Waiver from Daikin U.S.
Corporation (Daikin). This Petition for
Waiver (hereafter ‘‘Daikin Petition’’)
requests a waiver of the Department of
Energy (DOE) test procedures applicable
to residential and commercial package
central air conditioners and heat pumps.
The waiver request is specific to
Daikin’s VRV–S (residential) and VRV
(commercial) Variable Refrigerant
Volume multi-split heat pumps and heat
recovery systems. DOE is soliciting
comments, data, and information with
respect to the Daikin Petition. Today’s
notice also extends the Interim Waiver
granted to Daikin on August 14, 2006.
An alternate test procedure from the
DOE test procedure for residential air
conditioners and heat pumps is added
to the Interim Waiver.
DATES: DOE will accept comments, data,
and information regarding this Petition
for Waiver until, but no later than,
August 1, 2007. The Interim Waiver was
granted August 14, 2006, and expired
February 10, 2007. This Notice extends
the Interim Waiver 180 days, until
August 9, 2007.
ADDRESSES: Please submit comments,
identified by case number (CAC–011),
by any of the following methods:
• 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,
Room 1J–018, Forrestal Building, 1000
Independence Avenue, SW.,
Washington, DC 20585–0121.
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• E-mail:
Michael.Raymond@ee.doe.gov. Include
either the case number [CAC–011], and/
or ‘‘Daikin Petition’’ in the subject line
of the message.
• Federal eRulemaking Portal: https://
www.regulations.gov. Follow the
instructions for submitting comments.
Instructions: All submissions received
must include the agency name and case
number for this proceeding. Submit
electronic comments in WordPerfect,
Microsoft Word, PDF, or text (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. 10 CFR 430.27(d). The
contact information for the petitioner of
today’s notice is: Russell Tavolacci,
Director of Product Marketing, Daikin
AC (Americas), Inc., 1645 Wallace
Drive, Suite 110, Carrollton, TX 75006,
(972) 245–1510,
Russell.tavollacci@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
read the background documents
relevant to this matter, 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) 586–2945,
between 9 a.m. and 4 p.m., Monday
through Friday, except Federal holidays.
Available documents include the
following items: This notice, public
comments received, the Petition for
Waiver and Application for Interim
Waiver, and prior DOE rulemakings
regarding central air conditioners and
heat pumps. Please call Ms. Brenda
Edwards-Jones at the above telephone
number for additional information
regarding visiting the Resource Room.
Please note that DOE’s Freedom of
Information Reading Room (formerly
Room 1E–190 at the Forrestal Building)
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is no longer housing rulemaking
materials.
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., 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.
FOR FURTHER INFORMATION CONTACT:
SUPPLEMENTARY INFORMATION:
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 (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 products under Part B, and
commercial equipment under Part C.
Both parts 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(b)(3); 42 U.S.C. 6314(a)(2))
Daikin’s petition requests a waiver
from the DOE residential central air
conditioner and heat pump test
procedure for its VRV–S multi-split
products. For testing and rating
purposes, residential air conditioners
and heat pumps use single-phase power,
have a rated capacity less than 65 kBtu/
h, and are not packaged terminal units.
Daikin’s petition also requests a waiver
from the DOE commercial package air
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conditioners and heat pump test
procedure for its VRV multi-split
products. Daikin makes this request for
their VRV units because their rated
capacities of 72 kBtu/h and 96 kBtu/h
fall within the scope of the test
procedure specified by DOE for small
commercial package air conditioning
and heating equipment.
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 210/240–2003 for
commercial package air conditioning
and heating equipment with capacities
<65,000 Btu/h and ARI Standard 340/
360–2004 for commercial package air
conditioning and heating equipment
with capacities ≥65,000 Btu/h and
<240,000 Btu/h. Id. at 71371. The
capacities of Daikin’s commercial VRV
multi-split products fall in the ranges
covered by ARI Standard 340/360–2004.
The test procedures for Daikin’s VRV–
S residential multi-split air conditioners
and heat pumps are set forth in 10 CFR
Part 430, Subpart B, Appendix M.
DOE’s regulations contain provisions
allowing a person to seek a waiver from
the test procedure requirements for
covered products. These provisions are
set forth in 10 CFR 430.27 for covered
consumer/residential products and 10
CFR 431.401 for covered commercial
equipment. The waiver provisions for
commercial equipment are substantively
identical to those for covered consumer
products.
The waiver provisions allow the
Assistant Secretary for Energy Efficiency
and Renewable Energy (hereafter
‘‘Assistant Secretary’’) to temporarily
waive 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 430.27(a)(1),
431.401(a)(1). The Assistant Secretary
may grant the waiver subject to
conditions, including adherence to
alternate test procedures. 10 CFR
Sections 430.27(1), 431.401(f)(4).
Waivers generally remain in effect until
final test procedure amendments
become effective, thereby resolving the
problem that is the subject of the
waiver.
The waiver process also allows the
Assistant Secretary to grant an Interim
Waiver from test procedure
requirements to manufacturers that have
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petitioned DOE for a waiver of such
prescribed test procedures. 10 CFR
430.27(a)(2), 431.401(a)(2). An Interim
Waiver remains in effect for a period of
180 days or until DOE issues its
determination on the Petition for
Waiver, whichever is sooner, and may
be extended for an additional 180 days,
if necessary. 10 CFR 430.27(h),
431.401(e)(4).
II. Petition for Waiver
On May 12, 2005, Daikin filed an
Application for Interim Waiver and a
Petition for Waiver from the test
procedures applicable to residential and
commercial package air conditioners
and heat pumps. In particular, Daikin
requests a waiver from the DOE test
procedures for its residential VRV–S
multi-split models with nominal cooling
capacities of 36, 48, and 60 kBtu/h. For
these products, the applicable test
procedure is set forth in 10 CFR part
430, subpart B, appendix M. Further,
Daikin requests a waiver from the test
procedures for its commercial VRV
multi-split models with nominal cooling
capacities of 72 and 96 kBtu/h, with and
without heat recovery. For this
equipment, the applicable test
procedure is ARI 340/360–2004.
Daikin seeks a waiver from the DOE
test procedures on the grounds that the
VRV–S Series and VRV Series multisplit heat pump and heat recovery
systems contain design characteristics
that prevent testing according to the
current DOE test procedures. 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 waiver granted to
Mitsubishi Electric for its line of
commercial multi-splits:
• Testing laboratories cannot test
products with so many indoor units.
• There are too many possible
combinations of indoor and outdoor
unit to test.
69 FR 52661, August 27, 2004.
Further, Daikin states that although
the VRV and VRV–S product lines fit
within the scope of the applicable DOE
residential and commercial test
procedures, the basic design of both
lines is not commensurate with the
intent of the test procedures. In
particular, the test procedures do not
provide for:
• Testing products with a large
quantity of indoor units operating
simultaneously.
• Testing of multi-split products
whereas all connected indoor units
physically cannot be located in a single
room.
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35987
• Operating indoor units at several
different static pressure ratings during a
single test.
• Identifiying the precise number of
part load tests required (ARI 340/360)
for fully or infinitely variable speed
products.
• Testing systems that have millions
of combinations of indoor units
configurable to a single outdoor unit.
• Measuring part load performance of
a system operating in simultaneous
operation (performing both heating and
cooling functions at the same time).
Daikin requests that DOE grant to
Daikin, for its VRV and VRV–S product
designs, the same test procedure waiver
previously granted to Mitsubishi
Electric, until a suitable test method is
determined (Daikin Petition, page 5).
There is no substantive difference
between the MEUS and Daikin products
which would preclude DOE from
granting the same waiver to both. Daikin
states that failure to grant the waiver
would prevent it from marketing its
product. Also, it states it is the goal of
Daikin to work closely with DOE, ARI,
and other agencies to develop
appropriate test procedures.
III. Application for Interim Waiver
On May 12, 2005, in addition to its
Petition for Waiver, Daikin submitted to
DOE an Application for Interim Waiver.
An Interim Waiver may be granted 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 430.27(g),
431.401(e)(3).
Daikin’s Application for Interim
Waiver does not provide sufficient
information to evaluate what, if any,
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 a similar product
design, 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 Fujitsu and
Samsung for comparable residential and
commercial multi-split air conditioners
and heat pumps. 70 FR 5980, February
4, 2005; 70 FR 9629, February 28, 2005,
respectively. DOE approved the Petition
for Waiver to Mitsubishi for its
comparable line of commercial multi-
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split air conditioners and heat pumps.
69 FR 52660, August 27, 2004. The two
prevailing reasons for granting the past
waivers also apply to Daikin’s VRV–S
and VRV products: (1) Test laboratories
cannot test products with so many
indoor units (up to seventeen according
to the Daikin petition—the practical
limit is about five); and (2) it is
impractical to test so many
combinations of indoor units with each
outdoor unit.
On August 14, 2006, DOE granted to
Daikin an Interim Waiver from the DOE
test procedures for its VRS–S and VRV
product lines. However, that Interim
Waiver expired February 10, 2007.
Daikin has requested an 180-day
extension of the Interim Waiver, or until
DOE acts on Daikin’s Petition for
Waiver. 10 CFR 430.27(h), 10 CFR
431.401(e)(4). DOE is extending the
Interim Waiver, and modifying it to
specify that Daikin must use an
alternate test procedure, which has also
been included in two recent Mitsubishi
waivers. Hence, it is ordered that:
The Application for Interim Waiver
filed by Daikin is hereby modified and
extended for 180 days, until August 9,
2007, for Daikin’s new VRV and VRV–
S central air conditioners and central air
conditioning heat pumps.
For the models listed below:
1. Daikin shall not be required to test
or rate its VRV–S residential products
on the basis of the currently applicable
test procedure, which is set forth in 10
CFR Part 430, subpart B, appendix M
2. Daikin shall not be required to test
or rate its VRV commercial products on
the basis of the currently applicable test
procedure, which incorporates by
reference ARI Standard 340/360–2004.
3. Daikin shall be required to test and
rate its VRV–S and VRV products
according to the alternate test procedure
as set forth in section IV (3), ‘‘Alternate
test procedure.’’
Outdoor units:
1. RXYMQ Series Heat Pumps with
nominal capacities of 36, 48, and 60
kBtu/h, when combined with two or
more of the below listed indoor units.
2. RXYQ Series Heat Pumps with
nominal capacities of 72 and 96 kBtu/
h, when combined with two or more of
the below listed indoor units.
3. REYQ Series Heat Recovery units
with nominal capacities of 72 and 96
kBtu/h, when combined with two or
more of the below listed indoor units.
Indoor units:
1. FXAQ Series wall mounted indoor
units with nominally rated capacities of
7, 9, 12, 18, and 24 kBtu/h.
2. FXLQ Series floor mounted indoor
units with nominally rated capacities of
12, 18, and 24 kBtu/h.
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3. FXNQ Series concealed floor
mounted indoor units with nominally
rated capacities of 12, 18, and 24 kBtu/
h.
4. FXDQ Series low static ducted
indoor units with nominally rated
capacities of 7, 9, 12, 18, and 24 kBtu/
h.
5. FXSQ Series medium static ducted
indoor units with nominally rated
capacities of 7, 9, 12, 24, 30, 36, and 48
kBtu/h.
6. FXMQ Series high static ducted
indoor units with nominally rated
capacities of 30, 36, and 48 kBtu/h.
7. FXZQ Series recessed cassette
indoor units with nominally rated
capacities of 7, 9, 12, 18, and 24 kBtu/
h.
8. FXFQ Series recessed cassette
indoor units with nominally rated
capacities of 12, 18, 24, 30, and 36 kBtu/
h.
9. FXHQ Series ceiling suspended
indoor units with nominally rated
capacities of 12, 24, and 36 kBtu/h.
This Interim Waiver is conditioned
upon the presumed validity of
statements, representations, and
documentary materials provided by the
petitioner. This Interim Waiver may be
revoked or modified at any time upon
a determination that the factual basis
underlying the petition is incorrect, or
DOE determines that the results from
the alternate test procedure are
unrepresentative of the basic models’
true energy consumption characteristics.
This Interim Waiver shall remain in
effect until August 9, 2007.
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. The MEUS petitions,
including the alternate test procedure,
were published in the Federal Register
on April 9, 2007. 72 FR 17528, 17532.
DOE is including a similar alternate
test procedure in the Interim Waiver for
Daikin’s products, and considering the
same alternate test procedure in
Daikin’s future Decision and Order. This
will allow Daikin to test and make
energy efficiency representations
regarding its products. DOE is also
considering applying a similar alternate
test procedure to other similar waivers
for residential and commercial central
air conditioners and heat pumps. Such
cases include Samsung’s petition for its
multi-split products (70 FR 9629,
February 28, 2005), Fujitsu’s petition for
its multi-split products (70 FR 5980,
February 4, 2005), and Mitsubishi’s
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petition for its R22 multi-split products
(69 FR 52660, August 27, 2004).
As noted above, existing testing
facilities have a limited ability to test
multiple indoor units at one time, and
the number of possible combination of
indoor and outdoor units for some
variable refrigerant flow zoning systems
is impractical to test. Subsequent to the
waiver that DOE granted for
Mitsubishi’s R22 models, ARI
developed a committee to discuss the
issue and work on developing an
appropriate test protocol for variable
refrigerant zoning systems. However, to
date, no additional test methodologies
have been adopted by the committee or
put forth to DOE.
DOE believes that an alternate test
procedure is needed in order that
manufacturers can make representations
for their products. DOE specified an
alternate test procedure in the
Mitsubishi waiver for R410A CITY
MULTI products, and is considering
including the following similar waiver
language in the Decision and Order for
Daikin’s variable refrigerant flow multisplit air conditioner and heat pump
models:
(1) The Petition for Waiver filed by
Daikin AC (Americas), Inc. (Daikin) is
hereby granted as set forth in the
paragraphs below.
(2) Daikin shall be not be required to
test or rate its variable refrigerant flow
multi-split air conditioner and heat
pump products covered in this waiver
on the basis of the currently applicable
test procedure, but shall be required to
test and rate its products covered in this
waiver 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 above according to those
test procedures for central air
conditioners and heat pumps prescribed
by DOE at 10 CFR Parts 430 and 431,
except that:
(i) For products covered by 10 CFR
Part 430 (consumer products), Daikin
shall not be required to comply with: (1)
The first sentence in 10 CFR
430.24(m)(2), which refers to ‘‘that
combination manufactured by the
condensing unit manufacturer likely to
have the highest volume of retail sales;’’
and (2) the third sentence in 10 CFR
430(m)(2) and the provisions of 10 CFR
430(m)(2)(i) and (ii). Instead of testing
the combinations likely to have the
highest volume of retail sales, Daikin
may test a ‘‘tested combination’’
selected in accordance with the
provisions of subparagraph (B) of this
paragraph. Additionally, instead of
following the provisions of 10 CFR
430(m)(2)(i) and (ii) for every other
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system combination using the same
outdoor unit as the tested combination,
Daikin shall make representations
concerning the VRV–S products covered
in this waiver according to the
provisions of subparagraph (C) below.
(ii) For products covered by 10 CFR
Part 430 (consumer products), Daikin
shall be required to comply with 10 CFR
430 Appendix M as amended in
accordance with designated changes
that are listed in the July 20, 2006
Federal Register Notice. 71 FR 41320,
July 20, 2006. These designated changes
are with respect to the following test
procedure sections: 2.1, 2.2.3, 2.4.1,
3.2.4 (including Table 6), 3.6.4
(including Table 12), 4.1.4.2, and
4.2.4.2.
(iii) For products covered by 10 CFR
Part 431 (commercial products), 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 products covered in this waiver
according to the provisions of
subparagraph (C) below.
(B) Tested combination. The term
‘‘tested combination’’ means a sample
basic model comprised of units that are
production units, or are representative
of production units, of the basic model
being tested. For the purposes of this
waiver, the tested combination shall
have the following features:
(i) The basic model of a variable
refrigerant flow system used as a tested
combination shall consist of an outdoor
unit that is matched with between 2 and
5 indoor units.
(ii) The indoor units shall
(a) Represent the highest sales volume
type models;
(b) Together, have a capacity between
95 percent and 105 percent of the
capacity of the outdoor unit;
(c) Not, individually, have a capacity
greater than 50 percent of the capacity
of the outdoor unit;
(d) Have a fan speed that is consistent
with the manufacturer’s specifications;
and
(e) All have the same external static
pressure.
(C) Representations. Daikin may make
representations about the energy
efficiency of variable refrigerant flow
multi-split air conditioner and heat
pump products, for compliance,
marketing, or other purposes, only to
the extent that such representations are
made consistent with the provisions
outlined below:
(i) For multi-split combinations tested
in accordance with this paragraph,
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Daikin may make representations based
on these test results.
(ii) For multi-split combinations that
are not tested, Daikin may make
representations which are based on the
testing results for the tested
combination and which are 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.
(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
Today’s notice publishes Daikin’s
Petition for Waiver and extends Daikin’s
Interim Waiver until August 9, 2007,
and modifies it by including an
alternate test procedure. 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 DOE is considering
including in the final Decision and
Order. In this alternate test procedure,
DOE proposes defining a ‘‘tested
combination’’ which Daikin could test
in lieu of testing all retail combinations
of its VRV and VRV–S multi-split air
conditioner and heat pump products.
Furthermore, should a manufacturer not
be able to test all retail combinations,
DOE proposes allowing manufacturers
to rate waived products according to an
alternate rating method approved by
DOE, or to rate waived products the
same as that for the specified tested
combination.
DOE will also consider 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 its
DVM products (70 FR 9629, February
28, 2005), and Fujitsu’s petition for its
Airstage variable refrigerant flow (VRF)
products (70 FR 5980, February 4,
2005).
DOE is interested in receiving
comments on this notice. 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, above. 10 CFR 430.27(d),
431.401(d)(2).
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Issued in Washington, DC, on June 12,
2007.
Alexander A. Karsner,
Assistant Secretary, Energy Efficiency and
Renewable Energy.
May 12, 2005.
Mr. David K. Garman
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 Garman: Daikin
U.S. Corporation (DUS) respectfully submits
this document as our Petition for Waiver of
Test Procedure applicable to residential and
commercial package air conditioners and
heat pumps to the Department of Energy
(DOE) for review and approval. This petition
is submitted pursuant to the provisions of 10
CFR 431.29 on the grounds that the basic
models addressed herein contain design
characteristics which prevent testing
according to prescribed procedures. This
petition is being requested for Daikin’s VRV
and VRV–S multi-split heat pump and heat
recovery systems incorporating variable
speed compressor technology.
There are two primary factors that prevent
the testing of multi-split variable speed
product regardless of manufacturer which
are:
• Testing laboratories cannot test products
with so many indoor units.
• There are too many possible
combinations of indoor and outdoor units to
test.
Existing test standards that most closely
relate to such product are ARI 210/240 (2003)
and ARI 340/360 (2004).
Background
Daikin Industries Limited is a leading
manufacturer of variable speed and Variable
Refrigerant Volume (VRV) zoning systems
which are offered for sale by DUS in the
North American market. These products
combine advanced technologies such as high
efficiency variable speed compressors and
fan motors along with electronic expansion
valves and other devices to insure peak
operating performance of the overall system.
The systems are applied in both commercial
and residential applications whereas zoning
is applied in both commercial and residential
applications whereas zoning is applied to
provide users with peak utility of the system
and energy savings. The capacity of this DUS
product offerings range from 36,000 BTU/Hr
to 96,000 BTU/Hr.
Our product offering shares many of the
same design and characteristic features as
that of the City Multi product manufactured
and distributed by Mitsubishi Electric and
Electronics USA, Inc. (MEUS), of which DOE
has granted a waiver as described in the
Federal Register/Vol. 69 No. 166/Friday,
August 27, 2004/Notices, page 52,660. DOE
granted MEUS’ petition for waiver on the
basis that 1) testing laboratories cannot test
products with so many indoor units, and 2)
there are too many possible combinations of
indoor and outdoor units to test, therefore
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35990
Federal Register / Vol. 72, No. 126 / Monday, July 2, 2007 / Notices
preventing testing of the basic models
according to prescribed test procedures.
An additional problem that prevents
testing 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 that would be
required with many of the indoor unit
combinations available. To accomplish such
testing a large number of test rooms would
need to be utilized simultaneously,
networked with data recording
instrumentation and extensive piping
configurations would need to be routed
throughout the various test rooms. Obviously
this process would be cost and time
prohibitive.
Daikin’s VRV and VRV–S product offering
consists of multiple indoor units being
connected to an outdoor unit. Indoor units
for these products are available in Ducted
(with many different indoor static pressure
ratings as standard), 4-Way Cassette, Wall
Mounted, Ceiling Suspended, Floor Standing
and other models being readied for market
introduction. There are over one million
combinations possible with the current
product offering and additional models
continue to be manufactured for use with the
VRV and VRV–S product line.
Characteristics of the VRV and VRV–S
Products
Daikin’s VRV and VRV–S systems have the
following characteristics and application:
• Multi-split, multi-zone units utilizing an
outdoor unit that serves up to as many as
twenty indoor units.
• Variable speed technology that matches
system capacity to the current load thereby
utilizing only as much energy as required.
• Multi-zone applications, each indoor
unit can be independently controlled with a
local controller allowing the occupant to alter
their environmental condition to meet their
needs including set temperature, fan speed
and mode of operation. This is a key feature
of the system’s utility to an end user.
• Ability to efficiently operate the
compressor at loads as small as 10% of the
rated capacity and variable up to the rated
capacity of the system.
• Some products offer a ‘‘heat recovery’’
mode of operation which allows heat that is
absorbed from one indoor zone (operating in
the cooling mode) to be discharged into
another calling for heat. This function
reduces the load on the outdoor unit and
improves overall system performance and
utility.
• Variable speed indoor and outdoor high
efficiency fan motors to precisely control
operating pressures and airflow rates.
• Electronically controlled expansion
valves to precisely control refrigerant flow,
superheat, sub-cooling, pump down
functions and even oil flow throughout the
system.
• Indoor units comprising a wide variety
of static pressure ratings.
Basic Models for Which a Waiver From Test
Procedure Is Requested
Daikin requests a waiver from test
procedures for the following basic model
groups:
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Jkt 211001
• VRV Series Outdoor Units:
Æ RXYQ Series, Heat Pumps with
nominally rated capacities of 72,000 and
96,000 BTU/Hr.
Æ REYQ Series, Heat Recovery units
with nominally rated capacities of 72,000
and 96,000 BTU/Hr.
• VRV–S Series Outdoor Units:
Æ RXYMQ Series, Heat Pumps with
nominal capacities of 36,000, 48,000 and
60,000 BTU/Hr.
• Compatible Indoor Units for Above
Listed Outdoor Units:
Æ FXAQ Series all mounted indoor units
with nominally rated capacities of 7,000,
9,000, 12,000, 18,000 and 24,000 BTU/Hr.
Æ FXLQ Series floor mounted indoor
units with nominally rated capacities of
12,000, 18,000 and 24,000 BTU/Hr.
Æ FXNQ Series concealed floor mounted
indoor units with nominally rated capacities
of 12,000, 18,000 and 24,000 BTU/Hr.
Æ 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.
Æ 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.
Æ FXMQ Series high static ducted
indoor units with nominally rated capacities
of 30,000, 36,000 and 48,000 BTU/Hr.
Æ FXZQ Series recessed cassette indoor
units with nominally rated capacities of
7,000, 9,000, 12,000, 18,000 and 24,000 BTU/
Hr.
Æ FXFQ Series recessed cassette indoor
units with nominally rated capacities of
12,000, 18,000, 24,000, 30,000 and 36,000
BTU/Hr.
Æ FXHQ Series ceiling suspended indoor
units with nominally rated capacities of
12,000, 24,000 and 36,000 BTU/Hr.
Test Procedures Applicable to Requested
Waiver
DUS seeks a waiver to the test procedures
as identified in ARI 210/240 (2003); Unitary
Air Conditioning and Air Source Heat Pump
Equipment and to ARI 340/360 (2004);
Performance Rating of Commercial and
Industrial Unitary Air Conditioning and Heat
Pump Equipment. Although the capacity of
Daikin’s VRV and VRV–S product offering fit
within the scope of these standards, the basic
design of the product is not commensurate
with the intent of the standards. The testing
procedures outlined in these standards do
not make provisions for:
• Testing products with a large quantity of
indoor units operating simultaneously.
• Testing of multi-split products whereas
all connected indoor units physically cannot
be located in a single room.
• Having indoor units operating at several
different static pressure ratings during a
single test.
• The precise number of part load tests
required (ARI 340/360) for fully or infinitely
variable speed products are not identified.
• ARI 210/240 and ARI 340/360 provide
no direction about how to test systems that
have millions of combinations of indoor
units configurable to a single outdoor unit.
• ARI 210/240 and ARI 340/360 do not
provide a test method to measure part load
PO 00000
Frm 00024
Fmt 4703
Sfmt 4703
performance of a system operating in
simultaneous operation (performing both
heating and cooling functions at the same
time).
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, multizone product types. A draft ISO standard
(ISO CD 15042 Multi-Split Systems) is
nearing completion and will soon be
distributed as a Draft Internal Ballot for
comments. The actual final completion date
of this ISO standard is unknown. The
Engineering Committee of ARI’s Ductless
Section is also evaluating possible methods
to provide testing and rating of such systems
but no conclusion has been achieved as of
this date.
Manufacturers of Similar Models
Incorporating the Same Design
Characteristics
Manufacturers of similar product within
the United States market are:
• Samsung Electronics Co., Ltd.
• Sanyo Fisher (USA) Corp.
• Mitsubishi Electric & Electronics USA,
Inc.
• Fujitsu General America
• Environmaster International
• LG Electronics USA, Inc.
Summary
As ruled in the Federal Register (page
52,660, Vol. 69, no. 166/Friday, August 27,
2004/Notices) DOE has previously concluded
that the testing of product with the same
design characteristic of Daikin’s VRV and
VRV–S product is not feasible under
currently established test methods as a result
of:
• ‘‘Test laboratories cannot test products
with so many indoor units’’
• ‘‘And there are too many possible
combinations of indoor and outdoor units to
test.’’
Daikin U.S. Corporation respectfully asks
that DOE grant the same waiver of test
procedure for the VRV and VRV–S product
design until a suitable test method is
determined. Failure to receive such waiver or
exemption from test standards would prevent
Daikin U.S. from marketing our product even
though DOE has previously granted waiver
for other products currently in the market
with similar design characteristics.
It is the goal of Daikin U.S. to work closely
with DOE, ARI and other agencies in an effort
to define an acceptable testing procedure as
soon as possible. This type of product
provides superior comfort to the end user,
allows for independent zoning of facilities
from a single outdoor unit, and incorporates
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. This
type of product introduces technologies that
will not only increase system efficiency and
reduce National Energy Consumption but it
also brings about a new level of comfort and
control of end users.
We would be pleased to respond to any
questions you may have regarding this
E:\FR\FM\02JYN1.SGM
02JYN1
Federal Register / Vol. 72, No. 126 / Monday, July 2, 2007 / Notices
Petition for Waiver of Test Procedure. Please
direct such comments and questions to Gary
Nettinger, Director of Product Support at
404–395–8333, by e-mail at
gary.nettinger@daikin-ny.com, or by mail at
65 Millennial Ct., Lawrenceville, GA 30045.
Sincerely,
Yoshinobu Inoue,
President; Daikin U.S. Corporation,
375 Park Avenue, Suite 3308, New York, NY
10152
[FR Doc. E7–12733 Filed 6–29–07; 8:45 am]
BILLING CODE 6450–01–P
ENVIRONMENTAL PROTECTION
AGENCY
[EPA–HQ–OPPT–2004–0122; FRL–8136–4]
Pollution Prevention through
Nanotechnology Conference; Notice of
Public Meeting
Environmental Protection
Agency (EPA).
ACTION: Notice.
AGENCY:
EPA is convening a
conference to better understand the
benefits that nanotechnology can offer
by preventing pollution, and to
encourage development of
nanotechnology that offers such
benefits. A multi-stakeholder Steering
Committee has helped develop a scope
and agenda for the conference. Through
a series of presentations and case
studies, this conference will help inform
subsequent research and
commercialization of nanotechnology
and nanomaterials that promote
pollution prevention in an
environmentally responsible manner.
DATES: The conference will be held on
September 25 and 26, 2007 .
You may register for the conference
on or before September 14, 2007. See
also Unit IV. for additional registration
information.
To request accommodation of a
disability, please contact the person
listed under FOR FURTHER INFORMATON
CONTACT, preferably at least 10 days
prior to the conference, to give EPA as
much time as possible to process your
request.
Poster applications are due July 31,
2007.
SUMMARY:
The conference will be held
at the Holiday Inn Rosslyn at Key
Bridge, 1900 Fort Myer Dr., Arlington,
VA 22209.
See Unit III. for poster application
submissions.
See Unit IV. for registration
submissions.
jlentini on PROD1PC65 with NOTICES
ADDRESSES:
FOR FURTHER INFORMATION CONTACT:
For
general information contact: Colby
VerDate Aug<31>2005
22:57 Jun 29, 2007
Jkt 211001
Lintner, Regulatory Coordinator,
Environmental Assistance Division
(7408M), Office of Pollution Prevention
and Toxics, Environmental Protection
Agency, 1200 Pennsylvania Ave., NW.,
Washington, DC 20460–0001; telephone
number: (202) 564–1404; e-mail: TSCAHotline@epa.gov.
For technical information contact:
Clive Davies, Design for the
Environment Branch, Economics,
Exposure, and Technology Division
(7406M), Office of Pollution Prevention
and Toxics, Environmental Protection
Agency, 1200 Pennsylvania Ave., NW,
Washington, DC 20460–0001; telephone
number: (202) 564–3821; email:
davies.clive@epa.gov.
SUPPLEMENTARY INFORMATION:
I. General Information
A. Does this Action Apply to Me?
This action is directed to the public
in general, and may be of particular
interest to those persons who
manufacture, import, process, or use
nanoscale materials, especially to
prevent pollution. Representatives from
industry; non-governmental
organizations concerned with the
environment and human health;
academia; and government may all be
interested in attending.
Since many entities may be
interested, the Agency has not
attempted to fully describe all of the
entities that may have an interest in this
matter. If you have questions regarding
the applicability of this action to a
particular entity, consult the technical
person listed under FOR FURTHER
INFORMATION CONTACT.
B. How Can I Get Copies of this
Document and Other Related
Information?
1. Docket. EPA has established a
docket for this action under docket ID
number EPA–HQ–OPPT–2004–0122.
All documents in the docket are listed
in the docket’s index available at https://
www.regulations.gov. Although listed in
the index, some information is not
publicly available, e.g., Confidential
Business Information (CBI) or other
information whose disclosure is
restricted by statute. Certain other
material, such as copyrighted material,
will be publicly available only in hard
copy. Publicly available docket
materials are available electronically at
https://www.regulations.gov, or, if only
available in hard copy, at the OPPT
Docket. The OPPT Docket is located in
the EPA Docket Center (EPA/DC) at Rm.
3334, EPA West Bldg., 1301
Constitution Ave., NW., Washington,
DC. The EPA/DC Public Reading Room
PO 00000
Frm 00025
Fmt 4703
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35991
hours of operation are 8:30 a.m. to 4:30
p.m., Monday through Friday, excluding
Federal holidays. The telephone number
of the EPA/DC Public Reading Room is
(202) 566–1744, and the telephone
number for the OPPT Docket is (202)
566–0280. Docket visitors are required
to show photographic identification,
pass through a metal detector, and sign
the EPA visitor log. All visitor bags are
processed through an X-ray machine
and subject to search. Visitors will be
provided an EPA/DC badge that must be
visible at all times in the building and
returned upon departure. 2. Electronic
access. You may access this Federal
Register document electronically
through the EPA Internet under the
‘‘Federal Register’’ listings at https://
www.epa.gov/fedrgstr. All documents
relating to this conference are available
at https://www.epa.gov/oppt/nano.
II. Background
A. Pollution Prevention
Pollution prevention is reducing or
eliminating waste at the source by
modifying production processes,
promoting the use of non-toxic or lesstoxic substances, implementing
conservation techniques, and re-using
materials rather than putting them into
the waste stream.
B. Beneficial Characteristics
The unique and potentially useful
properties of nanomaterials include
dramatically increased surface areas and
reactivities, improved strength-weight
ratios, increased electrical conductivity,
and changes in color and opacity.
Materials designed to take advantage of
these properties are finding application
in a variety of areas, such as electronics,
medicine, and environmental
protection.
This conference is focused on three
major areas of pollution prevention:
• Products. Products that are less
toxic, less polluting, and wear-resistant.
• Processes. Processes that are more
efficient and waste-reducing.
• Energy and resource efficiency.
Processes and products that use less
energy and fewer raw materials because
of greater efficiency.
To emphasize the importance of the
responsible development 1 of
1 A Matter of Size: Triennial Review of the
National Nanotechnology Initiative, 2006, The
National Academies Press, ‘‘Responsible
Development’’, page 73, ‘‘...responsible
development of nanotechnology can be
characterized as the balancing of efforts to
maximize the technology’s positive contributions
and minimize its negative consequences. Thus,
responsible development involves an examination
both of applications and of potential implications.
E:\FR\FM\02JYN1.SGM
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]]>Agencies
[Federal Register Volume 72, Number 126 (Monday, July 2, 2007)]
[Notices]
[Pages 35986-35991]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-12733]
[[Page 35986]]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF ENERGY
Office of Energy Efficiency and Renewable Energy
[EERE-2007-BT-WAV-0005]
Energy Conservation Program for Consumer Products: Publication of
the Petition for Waiver and Granting of the Application for Interim
Waiver of Daikin U.S. Corporation From the DOE Residential and
Commercial Package Air Conditioner and Heat Pump Test Procedures (Case
No. CAC-011)
AGENCY: Office of Energy Efficiency and Renewable Energy, Department of
Energy.
ACTION: Notice of Petition for Waiver, Granting of Extension of Interim
Waiver, and Request for Comments.
-----------------------------------------------------------------------
SUMMARY: Today's notice publishes a Petition for Waiver from Daikin
U.S. Corporation (Daikin). This Petition for Waiver (hereafter ``Daikin
Petition'') requests a waiver of the Department of Energy (DOE) test
procedures applicable to residential and commercial package central air
conditioners and heat pumps. The waiver request is specific to Daikin's
VRV-S (residential) and VRV (commercial) Variable Refrigerant Volume
multi-split heat pumps and heat recovery systems. DOE is soliciting
comments, data, and information with respect to the Daikin Petition.
Today's notice also extends the Interim Waiver granted to Daikin on
August 14, 2006. An alternate test procedure from the DOE test
procedure for residential air conditioners and heat pumps is added to
the Interim Waiver.
DATES: DOE will accept comments, data, and information regarding this
Petition for Waiver until, but no later than, August 1, 2007. The
Interim Waiver was granted August 14, 2006, and expired February 10,
2007. This Notice extends the Interim Waiver 180 days, until August 9,
2007.
ADDRESSES: Please submit comments, identified by case number (CAC-011),
by any of the following methods:
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, Room 1J-018,
Forrestal Building, 1000 Independence Avenue, SW., Washington, DC
20585-0121.
E-mail: Michael.Raymond@ee.doe.gov. Include either the
case number [CAC-011], and/or ``Daikin Petition'' in the subject line
of the message.
Federal eRulemaking Portal: https://www.regulations.gov.
Follow the instructions for submitting comments.
Instructions: All submissions received must include the agency name
and case number for this proceeding. Submit electronic comments in
WordPerfect, Microsoft Word, PDF, or text (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 tele-facsimiles (faxes). Any person
submitting written comments must also send a copy of such comments to
the petitioner. 10 CFR 430.27(d). The contact information for the
petitioner of today's notice is: Russell Tavolacci, Director of Product
Marketing, Daikin AC (Americas), Inc., 1645 Wallace Drive, Suite 110,
Carrollton, TX 75006, (972) 245-1510, Russell.tavollacci@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 read the background documents
relevant to this matter, 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-
2945, between 9 a.m. and 4 p.m., Monday through Friday, except Federal
holidays. Available documents include the following items: This notice,
public comments received, the Petition for Waiver and Application for
Interim Waiver, and prior DOE rulemakings regarding central air
conditioners and heat pumps. Please call Ms. Brenda Edwards-Jones at
the above telephone number for additional information regarding
visiting the Resource Room. Please note that DOE'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., 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.
SUPPLEMENTARY INFORMATION:
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 (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 products under Part B, and
commercial equipment under Part C. Both parts 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(b)(3); 42 U.S.C.
6314(a)(2))
Daikin's petition requests a waiver from the DOE residential
central air conditioner and heat pump test procedure for its VRV-S
multi-split products. For testing and rating purposes, residential air
conditioners and heat pumps use single-phase power, have a rated
capacity less than 65 kBtu/h, and are not packaged terminal units.
Daikin's petition also requests a waiver from the DOE commercial
package air
[[Page 35987]]
conditioners and heat pump test procedure for its VRV multi-split
products. Daikin makes this request for their VRV units because their
rated capacities of 72 kBtu/h and 96 kBtu/h fall within the scope of
the test procedure specified by DOE for small commercial package air
conditioning and heating equipment.
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 210/240-2003 for commercial package air conditioning and
heating equipment with capacities <65,000 Btu/h and ARI Standard 340/
360-2004 for commercial package air conditioning and heating equipment
with capacities >=65,000 Btu/h and <240,000 Btu/h. Id. at 71371. The
capacities of Daikin's commercial VRV multi-split products fall in the
ranges covered by ARI Standard 340/360-2004. The test procedures for
Daikin's VRV-S residential multi-split air conditioners and heat pumps
are set forth in 10 CFR Part 430, Subpart B, Appendix M.
DOE's regulations contain provisions allowing a person to seek a
waiver from the test procedure requirements for covered products. These
provisions are set forth in 10 CFR 430.27 for covered consumer/
residential products and 10 CFR 431.401 for covered commercial
equipment. The waiver provisions for commercial equipment are
substantively identical to those for covered consumer products.
The waiver provisions allow the Assistant Secretary for Energy
Efficiency and Renewable Energy (hereafter ``Assistant Secretary'') to
temporarily waive 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 430.27(a)(1), 431.401(a)(1). The Assistant Secretary may grant the
waiver subject to conditions, including adherence to alternate test
procedures. 10 CFR Sections 430.27(1), 431.401(f)(4). Waivers generally
remain in effect until final test procedure amendments become
effective, thereby resolving the problem that is the subject of the
waiver.
The waiver process also allows the Assistant Secretary to grant an
Interim Waiver from test procedure requirements to manufacturers that
have petitioned DOE for a waiver of such prescribed test procedures. 10
CFR 430.27(a)(2), 431.401(a)(2). An Interim Waiver remains in effect
for a period of 180 days or until DOE issues its determination on the
Petition for Waiver, whichever is sooner, and may be extended for an
additional 180 days, if necessary. 10 CFR 430.27(h), 431.401(e)(4).
II. Petition for Waiver
On May 12, 2005, Daikin filed an Application for Interim Waiver and
a Petition for Waiver from the test procedures applicable to
residential and commercial package air conditioners and heat pumps. In
particular, Daikin requests a waiver from the DOE test procedures for
its residential VRV-S multi-split models with nominal cooling
capacities of 36, 48, and 60 kBtu/h. For these products, the applicable
test procedure is set forth in 10 CFR part 430, subpart B, appendix M.
Further, Daikin requests a waiver from the test procedures for its
commercial VRV multi-split models with nominal cooling capacities of 72
and 96 kBtu/h, with and without heat recovery. For this equipment, the
applicable test procedure is ARI 340/360-2004.
Daikin seeks a waiver from the DOE test procedures on the grounds
that the VRV-S Series and VRV Series multi-split heat pump and heat
recovery systems contain design characteristics that prevent testing
according to the current DOE test procedures. 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 waiver granted to Mitsubishi Electric for its line of commercial
multi-splits:
Testing laboratories cannot test products with so many
indoor units.
There are too many possible combinations of indoor and
outdoor unit to test.
69 FR 52661, August 27, 2004.
Further, Daikin states that although the VRV and VRV-S product
lines fit within the scope of the applicable DOE residential and
commercial test procedures, the basic design of both lines is not
commensurate with the intent of the test procedures. In particular, the
test procedures do not provide for:
Testing products with a large quantity of indoor units
operating simultaneously.
Testing of multi-split products whereas all connected
indoor units physically cannot be located in a single room.
Operating indoor units at several different static
pressure ratings during a single test.
Identifiying the precise number of part load tests
required (ARI 340/360) for fully or infinitely variable speed products.
Testing systems that have millions of combinations of
indoor units configurable to a single outdoor unit.
Measuring part load performance of a system operating in
simultaneous operation (performing both heating and cooling functions
at the same time).
Daikin requests that DOE grant to Daikin, for its VRV and VRV-S
product designs, the same test procedure waiver previously granted to
Mitsubishi Electric, until a suitable test method is determined (Daikin
Petition, page 5). There is no substantive difference between the MEUS
and Daikin products which would preclude DOE from granting the same
waiver to both. Daikin states that failure to grant the waiver would
prevent it from marketing its product. Also, it states it is the goal
of Daikin to work closely with DOE, ARI, and other agencies to develop
appropriate test procedures.
III. Application for Interim Waiver
On May 12, 2005, in addition to its Petition for Waiver, Daikin
submitted to DOE an Application for Interim Waiver. An Interim Waiver
may be granted 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 430.27(g), 431.401(e)(3).
Daikin's Application for Interim Waiver does not provide sufficient
information to evaluate what, if any, 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 a similar product design, 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 Fujitsu
and Samsung for comparable residential and commercial multi-split air
conditioners and heat pumps. 70 FR 5980, February 4, 2005; 70 FR 9629,
February 28, 2005, respectively. DOE approved the Petition for Waiver
to Mitsubishi for its comparable line of commercial multi-
[[Page 35988]]
split air conditioners and heat pumps. 69 FR 52660, August 27, 2004.
The two prevailing reasons for granting the past waivers also apply to
Daikin's VRV-S and VRV products: (1) Test laboratories cannot test
products with so many indoor units (up to seventeen according to the
Daikin petition--the practical limit is about five); and (2) it is
impractical to test so many combinations of indoor units with each
outdoor unit.
On August 14, 2006, DOE granted to Daikin an Interim Waiver from
the DOE test procedures for its VRS-S and VRV product lines. However,
that Interim Waiver expired February 10, 2007. Daikin has requested an
180-day extension of the Interim Waiver, or until DOE acts on Daikin's
Petition for Waiver. 10 CFR 430.27(h), 10 CFR 431.401(e)(4). DOE is
extending the Interim Waiver, and modifying it to specify that Daikin
must use an alternate test procedure, which has also been included in
two recent Mitsubishi waivers. Hence, it is ordered that:
The Application for Interim Waiver filed by Daikin is hereby
modified and extended for 180 days, until August 9, 2007, for Daikin's
new VRV and VRV-S central air conditioners and central air conditioning
heat pumps.
For the models listed below:
1. Daikin shall not be required to test or rate its VRV-S
residential products on the basis of the currently applicable test
procedure, which is set forth in 10 CFR Part 430, subpart B, appendix M
2. Daikin shall not be required to test or rate its VRV commercial
products on the basis of the currently applicable test procedure, which
incorporates by reference ARI Standard 340/360-2004.
3. Daikin shall be required to test and rate its VRV-S and VRV
products according to the alternate test procedure as set forth in
section IV (3), ``Alternate test procedure.''
Outdoor units:
1. RXYMQ Series Heat Pumps with nominal capacities of 36, 48, and
60 kBtu/h, when combined with two or more of the below listed indoor
units.
2. RXYQ Series Heat Pumps with nominal capacities of 72 and 96
kBtu/h, when combined with two or more of the below listed indoor
units.
3. REYQ Series Heat Recovery units with nominal capacities of 72
and 96 kBtu/h, when combined with two or more of the below listed
indoor units.
Indoor units:
1. FXAQ Series wall mounted indoor units with nominally rated
capacities of 7, 9, 12, 18, and 24 kBtu/h.
2. FXLQ Series floor mounted indoor units with nominally rated
capacities of 12, 18, and 24 kBtu/h.
3. FXNQ Series concealed floor mounted indoor units with nominally
rated capacities of 12, 18, and 24 kBtu/h.
4. FXDQ Series low static ducted indoor units with nominally rated
capacities of 7, 9, 12, 18, and 24 kBtu/h.
5. FXSQ Series medium static ducted indoor units with nominally
rated capacities of 7, 9, 12, 24, 30, 36, and 48 kBtu/h.
6. FXMQ Series high static ducted indoor units with nominally rated
capacities of 30, 36, and 48 kBtu/h.
7. FXZQ Series recessed cassette indoor units with nominally rated
capacities of 7, 9, 12, 18, and 24 kBtu/h.
8. FXFQ Series recessed cassette indoor units with nominally rated
capacities of 12, 18, 24, 30, and 36 kBtu/h.
9. FXHQ Series ceiling suspended indoor units with nominally rated
capacities of 12, 24, and 36 kBtu/h.
This Interim Waiver is conditioned upon the presumed validity of
statements, representations, and documentary materials provided by the
petitioner. This Interim Waiver may be revoked or modified at any time
upon a determination that the factual basis underlying the petition is
incorrect, or DOE determines that the results from the alternate test
procedure are unrepresentative of the basic models' true energy
consumption characteristics. This Interim Waiver shall remain in effect
until August 9, 2007.
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.
The MEUS petitions, including the alternate test procedure, were
published in the Federal Register on April 9, 2007. 72 FR 17528, 17532.
DOE is including a similar alternate test procedure in the Interim
Waiver for Daikin's products, and considering the same alternate test
procedure in Daikin's future Decision and Order. This will allow Daikin
to test and make energy efficiency representations regarding its
products. DOE is also considering applying a similar alternate test
procedure to other similar waivers for residential and commercial
central air conditioners and heat pumps. Such cases include Samsung's
petition for its multi-split products (70 FR 9629, February 28, 2005),
Fujitsu's petition for its multi-split products (70 FR 5980, February
4, 2005), and Mitsubishi's petition for its R22 multi-split products
(69 FR 52660, August 27, 2004).
As noted above, existing testing facilities have a limited ability
to test multiple indoor units at one time, and the number of possible
combination of indoor and outdoor units for some variable refrigerant
flow zoning systems is impractical to test. Subsequent to the waiver
that DOE granted for Mitsubishi's R22 models, ARI developed a committee
to discuss the issue and work on developing an appropriate test
protocol for variable refrigerant zoning systems. However, to date, no
additional test methodologies have been adopted by the committee or put
forth to DOE.
DOE believes that an alternate test procedure is needed in order
that manufacturers can make representations for their products. DOE
specified an alternate test procedure in the Mitsubishi waiver for
R410A CITY MULTI products, and is considering including the following
similar waiver language in the Decision and Order for Daikin's variable
refrigerant flow multi-split air conditioner and heat pump models:
(1) The Petition for Waiver filed by Daikin AC (Americas), Inc.
(Daikin) is hereby granted as set forth in the paragraphs below.
(2) Daikin shall be not be required to test or rate its variable
refrigerant flow multi-split air conditioner and heat pump products
covered in this waiver on the basis of the currently applicable test
procedure, but shall be required to test and rate its products covered
in this waiver 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 above
according to those test procedures for central air conditioners and
heat pumps prescribed by DOE at 10 CFR Parts 430 and 431, except that:
(i) For products covered by 10 CFR Part 430 (consumer products),
Daikin shall not be required to comply with: (1) The first sentence in
10 CFR 430.24(m)(2), which refers to ``that combination manufactured by
the condensing unit manufacturer likely to have the highest volume of
retail sales;'' and (2) the third sentence in 10 CFR 430(m)(2) and the
provisions of 10 CFR 430(m)(2)(i) and (ii). Instead of testing the
combinations likely to have the highest volume of retail sales, Daikin
may test a ``tested combination'' selected in accordance with the
provisions of subparagraph (B) of this paragraph. Additionally, instead
of following the provisions of 10 CFR 430(m)(2)(i) and (ii) for every
other
[[Page 35989]]
system combination using the same outdoor unit as the tested
combination, Daikin shall make representations concerning the VRV-S
products covered in this waiver according to the provisions of
subparagraph (C) below.
(ii) For products covered by 10 CFR Part 430 (consumer products),
Daikin shall be required to comply with 10 CFR 430 Appendix M as
amended in accordance with designated changes that are listed in the
July 20, 2006 Federal Register Notice. 71 FR 41320, July 20, 2006.
These designated changes are with respect to the following test
procedure sections: 2.1, 2.2.3, 2.4.1, 3.2.4 (including Table 6), 3.6.4
(including Table 12), 4.1.4.2, and 4.2.4.2.
(iii) For products covered by 10 CFR Part 431 (commercial
products), 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 products covered in this waiver according to the provisions of
subparagraph (C) below.
(B) Tested combination. The term ``tested combination'' means a
sample basic model comprised of units that are production units, or are
representative of production units, of the basic model being tested.
For the purposes of this waiver, the tested combination shall have the
following features:
(i) The basic model of a variable refrigerant flow system used as a
tested combination shall consist of an outdoor unit that is matched
with between 2 and 5 indoor units.
(ii) The indoor units shall
(a) Represent the highest sales volume type models;
(b) Together, have a capacity between 95 percent and 105 percent of
the capacity of the outdoor unit;
(c) Not, individually, have a capacity greater than 50 percent of
the capacity of the outdoor unit;
(d) Have a fan speed that is consistent with the manufacturer's
specifications; and
(e) All have the same external static pressure.
(C) Representations. Daikin may make representations about the
energy efficiency of variable refrigerant flow multi-split air
conditioner and heat pump products, for compliance, marketing, or other
purposes, only to the extent that such representations are made
consistent with the provisions outlined below:
(i) For multi-split combinations tested in accordance with this
paragraph, Daikin may make representations based on these test results.
(ii) For multi-split combinations that are not tested, Daikin may
make representations which are based on the testing results for the
tested combination and which are 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.
(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
Today's notice publishes Daikin's Petition for Waiver and extends
Daikin's Interim Waiver until August 9, 2007, and modifies it by
including an alternate test procedure. 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 DOE is considering including in the final
Decision and Order. In this alternate test procedure, DOE proposes
defining a ``tested combination'' which Daikin could test in lieu of
testing all retail combinations of its VRV and VRV-S multi-split air
conditioner and heat pump products. Furthermore, should a manufacturer
not be able to test all retail combinations, DOE proposes allowing
manufacturers to rate waived products according to an alternate rating
method approved by DOE, or to rate waived products the same as that for
the specified tested combination.
DOE will also consider 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 its DVM products (70 FR 9629, February 28, 2005), and
Fujitsu's petition for its Airstage variable refrigerant flow (VRF)
products (70 FR 5980, February 4, 2005).
DOE is interested in receiving comments on this notice. 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, above. 10 CFR 430.27(d), 431.401(d)(2).
Issued in Washington, DC, on June 12, 2007.
Alexander A. Karsner,
Assistant Secretary, Energy Efficiency and Renewable Energy.
May 12, 2005.
Mr. David K. Garman
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 Garman: Daikin U.S. Corporation (DUS)
respectfully submits this document as our Petition for Waiver of
Test Procedure applicable to residential and commercial package air
conditioners and heat pumps to the Department of Energy (DOE) for
review and approval. This petition is submitted pursuant to the
provisions of 10 CFR 431.29 on the grounds that the basic models
addressed herein contain design characteristics which prevent
testing according to prescribed procedures. This petition is being
requested for Daikin's VRV and VRV-S multi-split heat pump and heat
recovery systems incorporating variable speed compressor technology.
There are two primary factors that prevent the testing of multi-
split variable speed product regardless of manufacturer which are:
Testing laboratories cannot test products with so many
indoor units.
There are too many possible combinations of indoor and
outdoor units to test.
Existing test standards that most closely relate to such product
are ARI 210/240 (2003) and ARI 340/360 (2004).
Background
Daikin Industries Limited is a leading manufacturer of variable
speed and Variable Refrigerant Volume (VRV) zoning systems which are
offered for sale by DUS in the North American market. These products
combine advanced technologies such as high efficiency variable speed
compressors and fan motors along with electronic expansion valves
and other devices to insure peak operating performance of the
overall system. The systems are applied in both commercial and
residential applications whereas zoning is applied in both
commercial and residential applications whereas zoning is applied to
provide users with peak utility of the system and energy savings.
The capacity of this DUS product offerings range from 36,000 BTU/Hr
to 96,000 BTU/Hr.
Our product offering shares many of the same design and
characteristic features as that of the City Multi product
manufactured and distributed by Mitsubishi Electric and Electronics
USA, Inc. (MEUS), of which DOE has granted a waiver as described in
the Federal Register/Vol. 69 No. 166/Friday, August 27, 2004/
Notices, page 52,660. DOE granted MEUS' petition for waiver on the
basis that 1) testing laboratories cannot test products with so many
indoor units, and 2) there are too many possible combinations of
indoor and outdoor units to test, therefore
[[Page 35990]]
preventing testing of the basic models according to prescribed test
procedures.
An additional problem that prevents testing 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 that would be required with
many of the indoor unit combinations available. To accomplish such
testing a large number of test rooms would need to be utilized
simultaneously, networked with data recording instrumentation and
extensive piping configurations would need to be routed throughout
the various test rooms. Obviously this process would be cost and
time prohibitive.
Daikin's VRV and VRV-S product offering consists of multiple
indoor units being connected to an outdoor unit. Indoor units for
these products are available in Ducted (with many different indoor
static pressure ratings as standard), 4-Way Cassette, Wall Mounted,
Ceiling Suspended, Floor Standing and other models being readied for
market introduction. There are over one million combinations
possible with the current product offering and additional models
continue to be manufactured for use with the VRV and VRV-S product
line.
Characteristics of the VRV and VRV-S Products
Daikin's VRV and VRV-S systems have the following
characteristics and application:
Multi-split, multi-zone units utilizing an outdoor unit
that serves up to as many as twenty indoor units.
Variable speed technology that matches system capacity
to the current load thereby utilizing only as much energy as
required.
Multi-zone applications, each indoor unit can be
independently controlled with a local controller allowing the
occupant to alter their environmental condition to meet their needs
including set temperature, fan speed and mode of operation. This is
a key feature of the system's utility to an end user.
Ability to efficiently operate the compressor at loads
as small as 10% of the rated capacity and variable up to the rated
capacity of the system.
Some products offer a ``heat recovery'' mode of
operation which allows heat that is absorbed from one indoor zone
(operating in the cooling mode) to be discharged into another
calling for heat. This function reduces the load on the outdoor unit
and improves overall system performance and utility.
Variable speed indoor and outdoor high efficiency fan
motors to precisely control operating pressures and airflow rates.
Electronically controlled expansion valves to precisely
control refrigerant flow, superheat, sub-cooling, pump down
functions and even oil flow throughout the system.
Indoor units comprising a wide variety of static
pressure ratings.
Basic Models for Which a Waiver From Test Procedure Is Requested
Daikin requests a waiver from test procedures for the following
basic model groups:
VRV Series Outdoor Units:
[cir] RXYQ Series, Heat Pumps with nominally rated capacities
of 72,000 and 96,000 BTU/Hr.
[cir] REYQ Series, Heat Recovery units with nominally rated
capacities of 72,000 and 96,000 BTU/Hr.
VRV-S Series Outdoor Units:
[cir] RXYMQ Series, Heat Pumps with nominal capacities of
36,000, 48,000 and 60,000 BTU/Hr.
Compatible Indoor Units for Above Listed Outdoor Units:
[cir] FXAQ Series all mounted indoor units with nominally rated
capacities of 7,000, 9,000, 12,000, 18,000 and 24,000 BTU/Hr.
[cir] FXLQ Series floor mounted indoor units with nominally
rated capacities of 12,000, 18,000 and 24,000 BTU/Hr.
[cir] FXNQ Series concealed floor mounted indoor units with
nominally rated capacities of 12,000, 18,000 and 24,000 BTU/Hr.
[cir] 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.
[cir] 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.
[cir] FXMQ Series high static ducted indoor units with
nominally rated capacities of 30,000, 36,000 and 48,000 BTU/Hr.
[cir] FXZQ Series recessed cassette indoor units with nominally
rated capacities of 7,000, 9,000, 12,000, 18,000 and 24,000 BTU/Hr.
[cir] FXFQ Series recessed cassette indoor units with nominally
rated capacities of 12,000, 18,000, 24,000, 30,000 and 36,000 BTU/
Hr.
[cir] FXHQ Series ceiling suspended indoor units with nominally
rated capacities of 12,000, 24,000 and 36,000 BTU/Hr.
Test Procedures Applicable to Requested Waiver
DUS seeks a waiver to the test procedures as identified in ARI
210/240 (2003); Unitary Air Conditioning and Air Source Heat Pump
Equipment and to ARI 340/360 (2004); Performance Rating of
Commercial and Industrial Unitary Air Conditioning and Heat Pump
Equipment. Although the capacity of Daikin's VRV and VRV-S product
offering fit within the scope of these standards, the basic design
of the product is not commensurate with the intent of the standards.
The testing procedures outlined in these standards do not make
provisions for:
Testing products with a large quantity of indoor units
operating simultaneously.
Testing of multi-split products whereas all connected
indoor units physically cannot be located in a single room.
Having indoor units operating at several different
static pressure ratings during a single test.
The precise number of part load tests required (ARI
340/360) for fully or infinitely variable speed products are not
identified.
ARI 210/240 and ARI 340/360 provide no direction about
how to test systems that have millions of combinations of indoor
units configurable to a single outdoor unit.
ARI 210/240 and ARI 340/360 do not provide a test
method to measure part load performance of a system operating in
simultaneous operation (performing both heating and cooling
functions at the same time).
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 will soon be distributed as a Draft Internal Ballot
for comments. The actual final completion date of this ISO standard
is unknown. The Engineering Committee of ARI's Ductless Section is
also evaluating possible methods to provide testing and rating of
such systems but no conclusion has been achieved as of this date.
Manufacturers of Similar Models Incorporating the Same Design
Characteristics
Manufacturers of similar product within the United States market
are:
Samsung Electronics Co., Ltd.
Sanyo Fisher (USA) Corp.
Mitsubishi Electric & Electronics USA, Inc.
Fujitsu General America
Environmaster International
LG Electronics USA, Inc.
Summary
As ruled in the Federal Register (page 52,660, Vol. 69, no. 166/
Friday, August 27, 2004/Notices) DOE has previously concluded that
the testing of product with the same design characteristic of
Daikin's VRV and VRV-S product is not feasible under currently
established test methods as a result of:
``Test laboratories cannot test products with so many
indoor units''
``And there are too many possible combinations of
indoor and outdoor units to test.''
Daikin U.S. Corporation respectfully asks that DOE grant the
same waiver of test procedure for the VRV and VRV-S product design
until a suitable test method is determined. Failure to receive such
waiver or exemption from test standards would prevent Daikin U.S.
from marketing our product even though DOE has previously granted
waiver for other products currently in the market with similar
design characteristics.
It is the goal of Daikin U.S. to work closely with DOE, ARI and
other agencies in an effort to define an acceptable testing
procedure as soon as possible. This type of product provides
superior comfort to the end user, allows for independent zoning of
facilities from a single outdoor unit, and incorporates 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. This type of product introduces technologies that will
not only increase system efficiency and reduce National Energy
Consumption but it also brings about a new level of comfort and
control of end users.
We would be pleased to respond to any questions you may have
regarding this
[[Page 35991]]
Petition for Waiver of Test Procedure. Please direct such comments
and questions to Gary Nettinger, Director of Product Support at 404-
395-8333, by e-mail at gary.nettinger@daikin-ny.com, or by mail at
65 Millennial Ct., Lawrenceville, GA 30045.
Sincerely,
Yoshinobu Inoue,
President; Daikin U.S. Corporation,
375 Park Avenue, Suite 3308, New York, NY 10152
[FR Doc. E7-12733 Filed 6-29-07; 8:45 am]
BILLING CODE 6450-01-P
