Energy Conservation Program for Consumer Products: Publication of the Petition for Waiver From Daikin U.S. Corporation and Granting of the Application for Interim Waiver From the Department of Energy Residential Central Air Conditioner and Heat Pump Test Procedure [Case No. CAC-016], 53237-53242 [E7-18340]
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Federal Register / Vol. 72, No. 180 / Tuesday, September 18, 2007 / Notices
Part 431, unless it has submitted a
Compliance Certification to DOE
according to the provisions under 10
CFR 431.36, that the basic model meets
the requirements of the applicable
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efficiency for certain commercial and
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whether the information has practical
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estimate of the burden of the
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the quality, utility, and clarity of the
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ways to minimize the burden of the
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including through the use of automated
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Issued in Washington, DC on September 4,
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[Docket No. EERE–2007–BT–WAV–0006]
Energy Conservation Program for
Consumer Products: Publication of the
Petition for Waiver From Daikin U.S.
Corporation and Granting of the
Application for Interim Waiver From
the Department of Energy Residential
Central Air Conditioner and Heat Pump
Test Procedure [Case No. CAC–016]
Office of Energy Efficiency and
Renewable Energy, Department of
Energy.
AGENCY:
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Notice of petition for waiver,
granting of application for interim
waiver, and request for comments.
ACTION:
SUMMARY: This notice announces receipt
of and publishes a Petition for Waiver
from Daikin U.S. Corporation (Daikin).
The Petition for Waiver (hereafter
‘‘Daikin Petition’’) requests a waiver of
the Department of Energy (DOE) test
procedures applicable to residential
central air conditioners and heat pumps.
The waiver request is specific to the
Daikin Variable Refrigerant Volume
VRV–II–S (residential) multi-split heat
pumps and heat recovery systems.
Through this document, DOE is: (1)
Soliciting comments, data, and
information with respect to the Daikin
Petition; and (2) granting an Interim
Waiver to Daikin from the DOE test
procedure for residential central air
conditioners and heat pumps.
DATES: DOE will accept comments, data,
and information with respect to the
Daikin Petition until, but no later than
October 18, 2007.
ADDRESSES: You may submit comments,
identified by case number [CAC–016],
by any of the following methods:
• Federal eRulemaking Portal: https://
www.regulations.gov. Follow the
instructions for submitting comments.
• E-mail:
Michael.Raymond@ee.doe.gov Include
either the case number [CAC–016], and/
or ‘‘Daikin Petition’’ in the subject line
of the message.
• Mail: Ms. Brenda Edwards-Jones,
U.S. Department of Energy, Building
Technologies Program, Mailstop EE–2J,
Forrestal Building, 1000 Independence
Avenue, SW., Washington, DC 20585–
0121. Telephone: (202) 586–2945.
Please submit one signed original paper
copy.
• Hand Delivery/Courier: Ms. Brenda
Edwards-Jones, U.S. Department of
Energy, Building Technologies Program,
Room 1J–018, Forrestal Building, 1000
Independence Avenue, SW.,
Washington, DC 20585–0121. Please
submit one signed original paper copy.
Instructions: All submissions received
must include the agency name and case
number for this proceeding. Submit
electronic comments in WordPerfect,
Microsoft Word, Portable Document
Format (PDF), or text (American
Standard Code for Information
Interchange (ASCII)) file format, and
avoid the use of special characters or
any form of encryption. Wherever
possible, include the electronic
signature of the author. Absent an
electronic signature, comments
submitted electronically must be
followed and authenticated by
submitting the signed original paper
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document. DOE does not accept
telefacsimiles (faxes).
Any person submitting written
comments must also send a copy of
such comments to the petitioner,
pursuant to 10 CFR 430.27(d). The
contact information for the petitioner is:
Mr. Russell Tavolacci, Director of
Product Marketing, Daikin U.S.
Corporation, 1645 Wallace Drive, Suite
110, Carrollton, TX 75006. Telephone:
(972) 245–1510. E-mail:
Russell.Tavolacci@daikinac.com.1
According to 10 CFR 1004.11, any
person submitting information that he
or she believes to be confidential and
exempt by law from public disclosure
should submit two copies: one copy of
the document including all the
information believed to be confidential,
and one copy of the document with the
information believed to be confidential
deleted. DOE will make its own
determination about the confidential
status of the information and treat it
according to its determination.
Docket: For access to the docket to
review the documents relevant to this
matter, you may visit the U.S.
Department of Energy, 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: (1) This notice; (2)
public comments received; (3) the
Petition for Waiver and Application for
Interim Waiver; and (4) 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
(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.
Telephone: (202) 586–9611. E-mail:
Michael.Raymond@ee.doe.gov.
Francine Pinto or Eric Stas, U.S.
Department of Energy, Office of the
1 DOE notes that Daikin has updated the contact
information provided in its initial petition.
Accordingly, the information provided in the
ADDRESSES section above should be used in lieu of
the Daikin contact information cited in the
company’s original Petition for Waiver and
Application for Interim Waiver (published
following this notice).
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General Counsel, Mail Stop GC–72,
Forrestal Building, 1000 Independence
Avenue, SW., Washington, DC 20585–
0103. Telephone: (202) 586–9507. Email: Francine.Pinto@hq.doe.gov or
Eric.Stas@hq.doe.gov.
SUPPLEMENTARY INFORMATION:
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Table of Contents
I. Background and Authority
II. Petition for Waiver
III. Application for Interim Waiver
IV. Alternate Test Procedure
V. Summary and Request for Comments
I. Background and Authority
Title III of the Energy Policy and
Conservation Act (EPCA) sets forth a
variety of provisions concerning energy
efficiency. Part B of Title III establishes
the ‘‘Energy Conservation Program for
Consumer Products Other Than
Automobiles.’’ (42 U.S.C. 6291–6309)
This notice involves residential
products under Part B, and the statute
specifically includes definitions, test
procedures, labeling provisions, energy
conservation standards, and the
authority to require information and
reports from manufacturers.
With respect to test procedures, Part
B generally authorizes the Secretary of
Energy (the Secretary) to prescribe test
procedures that are reasonably designed
to produce results which reflect energy
efficiency, energy use, and estimated
annual operating costs, and that are not
unduly burdensome to conduct. (42
U.S.C. 6293(b)(3))
Relevant to the current Petition for
Waiver, the test procedures for
residential central air conditioners and
central air conditioning heat pumps are
set forth in 10 CFR Part 430, Subpart B,
Appendix M. Section 323 of EPCA
provides that the Secretary of Energy
may amend test procedures for
consumer products if the Secretary
determines that amended test
procedures would more accurately
reflect energy efficiency, energy use or
estimated annual operating costs, and
are not unduly burdensome to conduct.
(42 U.S.C. 6293(b)(1)(A) and (b)(3))
DOE’s regulations contain provisions
allowing a person to seek a waiver from
the test procedure requirements for
covered products, for which the
petitioner’s 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).
Petitioners must include in their
petition any alternate test procedures
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known to evaluate the basic model in a
manner representative of its energy
consumption. 10 CFR 430.27(b)(1)(iii).
The Assistant Secretary for Energy
Efficiency and Renewable Energy (the
Assistant Secretary) may grant the
waiver subject to conditions, including
adherence to alternate test procedures.
10 CFR 430.27(l). Waivers generally
remain in effect until final test
procedure amendments become
effective, thereby resolving the problem
that instigated the Petition for Waiver.
10 CFR 430.27(m).
The waiver process also permits
parties petitioning DOE for a waiver to
apply for an Interim Waiver from the
prescribed test procedure requirements.
10 CFR 430.27(a)(2). The Assistant
Secretary will grant an Interim Waiver
request if it is determined that the
applicant will experience economic
hardship if the 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). 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).
II. Petition for Waiver
On December 9, 2005, Daikin filed a
Petition for Waiver from the test
procedures applicable to residential and
commercial package air conditioning
and heating equipment and an
Application for Interim Waiver. The
applicable test procedure for Daikin’s
residential VRV–II–S products is the
DOE residential test procedure found in
10 CFR Part 430, Subpart B, Appendix
M. For Daikin’s commercial VRV–II–S
products, the applicable test procedure
is also the residential test procedure
found in Appendix M, because the same
test is used for single-phase products
with capacities less than 65,000 Btu/h.
Daikin seeks a waiver from the DOE
test procedures on the grounds that the
VRV–II–S Series multi-split heat pump
and heat recovery systems contain
design characteristics that prevent
testing according to the current DOE test
procedures. Specifically, Daikin asserts
that the two primary factors that prevent
testing of multi-split variable speed
products, regardless of manufacturer,
are the same factors stated in the waiver
that DOE granted to Mitsubishi Electric
& Electronics USA, Inc. (Mitsubishi) for
a similar line of commercial multisplits:
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• Testing laboratories cannot test
products with so many indoor units.
• There are too many possible
combinations of indoor and outdoor
units to test. 69 FR 52660, 52661
(August 27, 2004).
Further, Daikin states that although
the VRV–II–S product line fits within
the scope of the applicable DOE
residential test procedure, the basic
design is not commensurate with the
intent of the test procedures for the
reasons that follow. In particular, the
test procedure does not provide for:
• The test procedure for a split
system requires testing a combination of
paired indoor and outdoor unit
assemblies, but it does not include
provisions for how the Daikin VRV–II–
S product, with its thousands of indoor
unit combinations, should be evaluated
with just one outdoor unit test.
• The test procedure requires testing
matched assemblies, but the Daikin
VRV–II–S product is designed to be
used in zoned systems where the
capacity of the indoor units installed
does not necessarily match the capacity
of the outdoor unit.
• The Daikin VRV–II–S products are
intended to be used in zoned systems
where an outdoor unit can be connected
with up to nine separated indoor units.
Moreover, Daikin offers 83 indoor unit
models. Each indoor unit is designed to
be used with up to eight other indoor
units, which may not be the same
models, in combination with a single
outdoor unit. Consequently, for each
VRV–II–S outdoor unit, there could be
thousands of possible combinations of
indoor units that could be matched in
a system configuration.
Accordingly, Daikin requests that
DOE grant a test procedure waiver for its
VRV–II–S product designs, until a
suitable test method can be prescribed.
Furthermore, Daikin states that failure
to grant the waiver would result in
economic hardship because it would
prevent the company from marketing its
VRV–II–S products. Also, Daikin states
that it is willing to work closely with
DOE, the Air-Conditioning and
Refrigeration Institute (ARI), and other
agencies to develop appropriate test
procedures, as necessary.
III. Application for Interim Waiver
On December 9, 2005, in addition to
its Petition for Waiver, Daikin submitted
to DOE an Application for Interim
Waiver. Daikin’s Application for Interim
Waiver does not provide sufficient
information to evaluate the level of
economic hardship Daikin will likely
experience if its Application for Interim
Waiver is denied. However, in those
instances where the likely success of the
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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 (Feb. 4,
2005); 70 FR 9629 (Feb. 28, 2005),
respectively. In addition, as noted
above, DOE approved the Petition for
Waiver from Mitsubishi for its
comparable line of commercial multisplit air conditioners and heat pumps.
69 FR 52660 (August 27, 2004). The two
prevailing reasons for granting these
waivers also apply to Daikin’s VRV–II–
S products: (1) Test laboratories cannot
test products with so many indoor
units 2; and (2) it is impractical to test
so many combinations of indoor units
with each outdoor unit. Thus, DOE has
determined that it is likely that Daikin’s
Petition for Waiver will be granted for
its new VRV–II–S multi-split models.
Hence, It is ordered that:
The Application for Interim Waiver
filed by Daikin is hereby granted for
Daikin’s VRV–II–S multi-split central air
conditioners and central air
conditioning heat pumps, subject to the
specifications and conditions below.
The Interim Waiver applies to the
following models:
1. Daikin shall not be required to test
or rate its VRV–II–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;
and
2. Daikin shall be required to test and
rate its VRV–II–S products according to
the alternate test procedure as set forth
in section IV(3), ‘‘Alternate test
procedure.’’
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Outdoor Units, Heat Pump-type
• RXYM4MVMT: 38,200 Btu/h
cooling/ 42,600 Btu/h heating, single
phase, 220 volts, 60 Hz
• RXYM5MVMT: 47,700 Btu/h
cooling/ 54,600 Btu/h heating, single
phase, 220 volts, 60 Hz
• RXYM6MVMT: 52,900 Btu/h
cooling/ 61,400 Btu/h heating, single
phase, 220 volts, 60 Hz
Indoor units
• FXC series, ceiling mounted
cassette (double flow) type, FXC 20/25/
32/40/50/63/80/125
2 According to the Daikin petition, up to 17
indoor units are possible candidates for testing of
its commercial multi-split air conditioners and heat
pumps. However, DOE believes that the practical
limits for testing would be about five units.
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19:28 Sep 17, 2007
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• FXF series, ceiling mounted
cassette (multi flow) type, FXF 25/32/
40/50/63/80/100/125
• FXK series, ceiling mounted
cassette (corner) type, FXK 25/32/40/63
• FXD series, slim above ceiling
mounted ducted type, FXD 20/25/32/
40/50/63
• FXYD series, low silhouette above
ceiling mounted ducted type, FXYD 20/
25/32/40/50 /63
• FXS series, built-in above ceiling
mounted ducted type, FXS 20/25/32/40/
50/63/80/100 /125
• FXM series, above ceiling mounted
ducted type, FXM 40/50/63/80/100/125
• FXH series, ceiling suspended type,
FXH 32/63/100
• FXA series, wall mounted type,
FXA 20/25/32/40/50/63
• FXL series, floor standing console
type, FXL 20/25/32/40/50/63
• FXN series, floor standing
concealed type, FXN 20/25/32/40/50/63
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 for Waiver is
incorrect, or DOE determines that the
results from the alternate test procedure
are unrepresentative of the basic
models’ true energy consumption
characteristics.
IV. Alternate Test Procedure
In response to two recent Petitions for
Waiver from Mitsubishi, DOE specified
an alternate test procedure to provide a
basis from which Mitsubishi could test
and make valid energy efficiency
representations for its R410A CITY
MULTI products, as well as for its R22
multi-split products. The Mitsubishi
petitions, including the alternate test
procedure, were published in the
Federal Register on April 9, 2007. 72 FR
17528, 17532. For similar reasons, DOE
believes that alternate test procedures
are necessary here.
In general, DOE understands that
existing testing facilities have a limited
ability to test multiple indoor units at
one time, and the number of possible
combinations of indoor and outdoor
units for some variable refrigerant flow
zoned systems is impractical to test. We
further note that subsequent to the
waiver that DOE granted for
Mitsubishi’s R22 multi-split products,
ARI formed a committee to discuss this
issue and to work on developing an
appropriate testing protocol for variable
refrigerant flow systems. However, to
date, no additional test methodologies
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53239
have been adopted by the committee or
submitted to DOE.
Therefore, as discussed below, DOE is
including an alternate test procedure as
a condition in granting the Interim
Waiver for Daikin’s products, and plans
to consider the same alternate test
procedure in the context of the
subsequent Decision and Order
pertaining to Daikin’s Petition for
Waiver. Utilization of this alternative
test procedure will allow Daikin to test
and make energy efficiency
representations for its VRV–II–S
products. More broadly, DOE is also
considering applying a similar alternate
test procedure to other existing waivers
for similar residential and commercial
central air conditioners and heat pumps.
Such cases include Samsung’s Petition
for Waiver for its multi-split products at
70 FR 9629 (Feb. 28, 2005), and
Fujitsu’s Petition for Waiver for its
multi-split products at 70 FR 5980 (Feb.
4, 2005). Similarly, DOE is considering
use of this alternate test procedure for
other products of this type for which
manufacturers seek waivers, until such
time as the DOE test procedure has been
updated appropriately.
In the present case, DOE is modifying
the alternate test procedure in the
above-referenced waiver granted to
Mitsubishi for the R410A CITY MULTI
products, and plans to consider
inclusion of the following similar
waiver language in the Decision and
Order for Daikin’s VRV–II–S multi-split
air conditioner and heat pump models:
(1) The ‘‘Petition for Waiver’’ filed by
Daikin U.S. Corporation (Daikin) is
hereby granted as set forth in the
paragraphs below.
(2) Daikin shall not be required to test
or rate its variable refrigerant volume
multi-split air conditioner and heat
pump products listed in section III,
above, on the basis of the currently
applicable test procedure, but shall be
required to test and rate such products
according to the alternate test procedure
as set forth in paragraph (3).
(3) Alternate test procedure.
(A) Daikin shall be required to test the
products listed above according to the
test procedures for central air
conditioners and heat pumps prescribed
by DOE at 10 CFR part 430, except that:
(i) Daikin shall not be required to
comply with: 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 largest volume of retail sales;’’
and the third sentence in 10 CFR
430(m)(2), including 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,
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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
system combination using the same
outdoor unit as the tested combination,
Daikin shall make representations
concerning the VRV–II–S products
covered in this waiver according to the
provisions of subparagraph (C) below.
(ii) 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. 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.
(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 volume system used as a
tested combination shall consist of an
outdoor unit that is matched with
between two and five 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 its variable refrigerant
volume 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
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methods, except that only method (a)
may be used, if available:
(a) Representation of non-tested
combinations according to an
alternative rating method approved by
DOE; or
(b) Representation of non-tested
combinations at the same energy
efficiency level as the tested
combination with the same outdoor
unit.
V. Summary and Request for Comments
Through today’s notice, DOE
announces receipt of Daikin’s Petition
for Waiver from the test procedures
applicable to Daikin’s VRV–II–S multisplit air conditioner and heat pump
products, and for the reasons articulated
above, DOE is granting Daikin an
Interim Waiver from those procedures.
As part of this notice, DOE is publishing
Daikin’s Petition for Waiver in its
entirety. The Petition contains no
confidential information. Furthermore,
today’s notice includes an alternate test
procedure that Daikin is required to
follow as a condition of the Interim
Waiver and which DOE is considering
including in its subsequent Decision
and Order. In this alternate test
procedure, DOE is defining a ‘‘tested
combination’’ which Daikin could use
in lieu of testing all retail combinations
of its VRV–II–S multi-split air
conditioner and heat pump products.
Furthermore, should a subsequent
manufacturer be unable to test all retail
combinations, DOE is considering
allowing such manufacturers to rate
waived products according to an
alternate rating method approved by
DOE, or to rate waived products the
same as that for the specified tested
combination. DOE is also considering
applying a similar alternate test
procedure to other comparable Petitions
for Waiver for residential and
commercial central air conditioners and
heat pumps. Such cases include
Samsung’s Petition for Waiver for its
DVM products at 70 FR 9629 (Feb. 28,
2005), and Fujitsu’s Petition for Waiver
for its Airstage variable refrigerant flow
products at 70 FR 5980 (Feb. 4, 2005).
DOE is interested in receiving
comments on the issues addressed in
this notice. Pursuant to 10 CFR
430.27(d), any person submitting
written comments must also send a
copy of such comments to the
petitioner, whose contact information is
included in the ADDRESSES section
above.
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Issued in Washington, DC, on September 4,
2007.
Alexander A. Karsner,
Assistant Secretary, Energy Efficiency and
Renewable Energy.
December 13, 2005
Hon. Douglas Faulkner, Acting Assistant
Secretary for Energy Efficiency and
Renewable Energy, Department of Energy
1000 Independence Ave., SW.,
Washington, DC.
Re: Petition for Waiver of Test Procedures
and Application for Interim Waiver for
Daikin’s ‘‘VRV–II–S’’ variable refrigerant
volume multi-split heat pumps
Dear Assistant Secretary Faulkner: Daikin
U.S. Corporation (DUS) respectfully submits
this document as our Petition for Waiver of
Test Procedure and Application for Interim
Waiver of Test Procedure applicable to our
VRV–II–S product offering 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 specifically
for Daikin’s VRV–II–S multi-split heat pump
system incorporating variable speed
compressor technology, variable refrigerant
flow and multiple zoning capabilities.
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.
The existing test standard that most closely
relates to such product is ARI 210/240
(2003).
I. 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 to provide users with peak utility
of the system and energy savings. The
capacity of this DUS product offering ranges
from 38,200 BTU/Hr to 52,900 BTU/Hr.
Our product offering (VRV–II–S) 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
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outdoor units to test, therefore preventing
testing of the basic models according to
prescribed test procedures. The VRV–II–S
also shares many of the same design
characteristics as that of the DVM product
offered by Samsung Air Conditioning, of
which DOE granted an interim waiver on
February 28, 2005.
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–II–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. There are thousands of
possible combinations with this current
product offering.
II. Design Characteristics
Daikin developed the ‘‘VRV–II–S’’ to
respond to the needs of a truly energy
efficient, easy to design and install air
conditioning system that is also flexible,
reliable and user friendly and capable to
provide real zoning to residences, small
offices and shops. Daikin has incorporated
comprehensive cutting-edge technologies
into the ‘‘VRV–II–S,’’ and the results are
quieter operation, smaller units, and simpler
maintenance with higher efficiencies.
These compact 38,200 (4 HP); 47,700 (5
HP) and 52,900 (6 HP) BTU/h Variable
Refrigerant Volume (VRV) multi-split
systems consist of one outdoor unit, using a
Reluctance DC scroll compressor with a sine
wave DC inverter with truly variable
refrigerant volume capacity serving multiple
indoor units through a single piping set of
gas and liquid lines and using headers or
’Refnets’ for refrigerant distribution and
electronic expansion valves.
The ‘‘VRV–II–S’’ system enables a single
outdoor unit to connects with up to 6 indoor
units for the 4HP model; with up to 8 indoor
units for the 5 HP model and with up to 9
indoor units for the 6 HP model.
The indoor units can be selected from 13
types with 83 models (included in item IV of
this application), giving these systems
thousands of possible installation
combinations. The operation control system
allows each indoor unit to have different set
temperatures and different modes of
operation.
The Reluctance DC scroll compressor and
the sine wave inverter maintain compressor
operation at optimum performance allowing
it to precisely match the cooling or heating
load demand of the conditioned areas. The
Reluctance DC scroll compressor is capable
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20:44 Sep 17, 2007
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of slowing down to an operating capacity as
little as 30% of its rated capacity and
accelerating to up to 150% of its rated
capacity allowing ti to install up to 130%
indoor unit capacity to the outdoor unit
capacity.
Grounds for the Petition
Daikin seeks a waiver from the test
procedures applicable to central air
conditioners and 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, Daikin seeks a waiver from
the currently applicable test procedure
provided in 10 CFR 430.23(m) central air
conditioners and heat pumps and 10 CFR
430, Appendix M to Subpart B Uniform Test
Method for Measuring the Energy
Consumption of Central Air Conditioners and
Heat Pumps.
III. Specific Requirements Sought to be
Waived and the Need for the Waiver
Daikin seeks a waiver from the applicable
test procedures for ‘‘VRV–II–S,’’ because the
current test procedures would evaluate
‘‘VRV–II–S’’ in a manner completely
unrepresentative of its true energy
consumption as to provide materially
inaccurate competitive data. Below are the
details of the two main reasons:
(1) Specified test procedures for a split
system call for testing a combination of
paired indoor and outdoor unit assemblies
for typical split systems to be tested together,
but it does not include provisions on how the
‘‘VRV–II–S’’ with thousands of indoor unit
combinations is to be evaluated with just one
outdoor unit test.
Test procedures for typical multi-split
central air conditioning and heat pump
systems (a combination of one outdoor unit
and up to five indoor units) calls for all the
indoor units operating at full capacity. This
type of test, even though limited, can be
impractical for these types of products since
it is possible to match a defined standard
combination of indoor units to one outdoor
unit. ‘‘VRV-II-S’’ does not have a standard
representative combination of outdoor and
indoor units for testing.
‘‘VRV–II–S’’ products are intended to be
used in zoning systems where an outdoor
unit can be connected from up to 9 separated
indoor units in a zoned system. Moreover, we
offer 83 indoor unit models. Each of these
indoor unit models is designed to be used
together with up to 8 other indoor units,
which may not be the same models, in
combination with a single outdoor unit. In
other words, for each ‘‘VRV–II–S’’ outdoor
unit there are thousands of 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 shall be
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Fmt 4703
Sfmt 4703
53241
tested for a variable refrigerant volume
system. While a test procedure using a given
number of indoor units (4, 5, 6 or more)
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
such a test procedure sets a condition to the
ratings based on one test combination among
thousands of possible combinations, they do
not represent all system combinations and
consumers may misread true energy
consumption if their system configuration
differs from the tested configuration.
At the same time, it will be unduly
burdensome for us to conduct tests of each
possible combination and extremely
impracticable. Therefore, the test procedure
does not contemplate, and cannot practically
be applied to Daikin’s ‘‘VRV–II–S’’ 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 ‘‘VRV–II–S’’ is
designed to be used in zoning systems where
the capacity of the indoor units installed
does not necessarily match the capacity of
the outdoor unit. In a typical split system the
indoor and outdoor units are balanced and
the capacity of the outdoor unit is equivalent
to the capacity of the indoor unit. However,
with ‘‘VRV–II–S’’ the sum of the capacity of
the indoor units can be from 50% to 130%
of the capacity of the outdoor unit. Such
imbalanced combination of indoor units and
outdoor units are possible because of the
zoning and electronic controls characteristics
of the system. For example, the use of
electronic controls, electronic expansion
valves and inverter driven scroll compressors
allow the system to precisely control the
volume of refrigerant needed in each of the
indoor units in accordance with the
particular load and set points of that indoor
unit. This is possible because of the
advanced control system utilizing digital
communication between all the components
of the system for overall system control. The
test procedure specified in 10 CFR 430.23(m)
is for matched assemblies and does not
address testing for substantially unbalanced
systems.
For these reasons, the existing test
procedures would evaluate ‘‘VRV–II–S’’ in a
manner so unrepresentative of its true energy
consumption as to result in materially
inaccurate competitive data.
It was only recently that variable
refrigerant volume systems were introduced
into the United States market. Previous and
current test procedures have not been
developed for these products that would
reflect their real energy consumption and
their extraordinary efficiency as of this date.
But, without a waiver of the test procedures
for variable refrigerant volume systems like
‘‘VRV–II–S,’’ we will be at a competitive
disadvantage in the market and consumers
will be deprived of using this remarkably
efficient technology.
In accordance with 42 U.S.C. 6293(c) and
42 U.S.C. 6314(d) of EPCA if there is an
acceptable test procedure for a covered
product, the manufacturer is prohibited from
making representations about the energy
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consumption of its equipment unless the
equipment has been tested in accordance
with such test procedures and the
representation fairly discloses the result of
the testing. Therefore Daikin is at a
disadvantage in our ability to provide
information on energy consumption of the
‘‘VRV–II–S’’ to our customers.
IV. Identification of the Basic Models
Daikin seeks a waiver from the test
procedures for ‘‘VRV-II-S,’’ variable
refrigerant volume multi-split heat pump
systems, listed below:
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Outdoor unit, Heat Pump type
• RXYM4MVMT; 38,200 BTU/h cooling/
42,600 BTU/h heating, single phase, 220
Volts, 60 Hz
• RXYM5MVMT; 47,700 BTU/h cooling/
54,600 BTU/h heating, single phase, 220
Volts, 60 Hz
• RXYM6MVMT; 52,900 BTU/h cooling/
61,400 BTU/h heating, single phase, 220
Volts, 60 Hz
Indoor units
• FXC series, Ceiling mounted cassette
(double flow) type, FXC 20/25/32/40/50/63/
80/125
• FXF series, Ceiling mounted cassette
(multi flow) type, FXF 25/32/40/50/63/80/
100/125
• FXK series, Ceiling mounted cassette
(corner) type, FXK 25/32/40/63
• FXD series, Slim above ceiling mounted
ducted type, FXD 20/25/32/40/50/63
• FXYD series, Low silhouette above
ceiling mounted ducted type, FXYD 20/25/
32/40/50/63
• FXS series, Built-in above ceiling
mounted ducted type, FXS 20/25/32/40/50/
63/80/100/125
• FXM series, Above ceiling mounted
ducted type, FXM 40/50/63/80/100/125
• FXH series, Ceiling suspended type, FXH
32/63/100
• FXA series, Wall mounted type, FXA 20/
25/32/40/50/63
• FXL series, Floor standing console type,
FXL 20/25/32/40/50/63
• FXN series, Floor standing concealed
type, FXN 20/25/32/40/50/63
Note: All the above series have engineering
differences among the series.
IV. Identification of the Manufacturers of All
Other Basic Models
At the present time Variable refrigerant
volume (flow) multi-split air conditioning
and heat pumps are proposed in the United
States by Mitsubishi Electric and Electronics
USA Inc., Samsung Electronic Company, Ltd.
and Fujitsu General Limited, the first two
companies apply most of their products to
commercial and industrial use; Fujitsu’s
‘‘Airstage’’ system is applied in residential
and commercial use. (Fujitsu filed FR Doc.
05–2184 on 2–3–05 for a waiver for a similar
product)
V. Alternate Test Procedures
There are no alternative test procedures
available within the United States that
provide a means to test and to rate the
performance of such variable speed, multisplit, multi-zone product types. The
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19:28 Sep 17, 2007
Jkt 211001
Engineering Committee of ARI’s Ductless
Section is actively working to evaluate and
develop possible methods to provide testing
and rating of such systems. Daikin is
involved in this project in an effort to speed
the process.
VI. 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
• LG Electronics USA, Inc.
VII. Application for Interim Waiver
Under the direction of 10 CFR 431.29,
Daikin U.S. Corporation also submits this
document as an Application for Interim
Waiver of Test Procedures applicable to the
VRV–II–S models as listed previously. Such
approval of Interim Waiver will provide
Daikin with an opportunity to compete in the
market during which time DOE reviews our
Petition for Waiver of Test Procedure for the
VRV–II–S product.
Daikin U.S. believes that there is a high
likelihood of success that our Petition for
Waiver will be approved based on the
grounds that DOE has issued a Waiver from
Test Standards for product that is very
similar in design and operation to that of the
VRV–II–S product. Such approvals are
evidenced as follows:
• DOE has issued a Waiver from Test
Standards for product of very similar
characteristics:
Æ City Multi product marketed by
Mitsubishi Electric & Electronics USA, Inc.,
as approved in the Federal Register/Vol. 69,
No. 166/Friday, August 27, 2004/Notices,
page 52,660.
• DOE has issued an Interim Waiver from
Test procedures to Samsung on February 28,
2005.
• Testing laboratories cannot test products
with so many indoor units.
• There are too many possible
combinations of indoor and outdoor units to
test.
Failure to approve such Interim Waiver
from Test Procedure will inhibit Daikin’s
ability to compete in the marketplace even
though our VRV–II–S product has the same
basic design characteristics as that of other
manufacturers currently under waiver. The
VRV–II–S models, for which this Interim
Waiver is requested, comprise a significant
portion of our total product offering. An
inability to market such products would
result in an economic hardship due to lost
revenue and breadth of product offering
available to attract customers.
VIII. Conclusion
Daikin seeks a waiver of current test
procedures established in 10 CFR 430.23(m)
Central Air Conditioners and Heat Pumps
(including the new version published in the
Federal Register dated October 11, 2005
[Docket No. EE–RM/TP–97–440] RIN 1904–
AA46) and 10 CFR 430.27 Appendix M to
Subpart B Uniform Test Method for
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Fmt 4703
Sfmt 4703
Measuring the Energy Consumption of
Central Air Conditioners and Heat Pumps for
Residential Uses and ARI 210/240 (1989),
ARI 210/240 (1994) and ARI 210/240 (2003)
for commercial uses.
This is necessary because the test
procedures in use and approved evaluate the
basic models in a manner that is not
representative of the true energy
consumption characteristics of the ‘‘VRV–II–
S.’’ Using such test methods as those
outlined in ARI 210/240 will result in
materially inaccurate competitive data.
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 characteristics of Daikin’s VRV–II–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
the Department of Energy to recognize the
technologies incorporated into this advanced
heating and cooling product and allow us to
market such product by granting our request
for waiver. Daikin will work with
stakeholders, U.S. Department of Energy, Air
Conditioning and Refrigeration Institute, the
American Society of Heating, Refrigeration
and Air-Conditioning Engineers, Inc. and
others, through the process of developing test
procedures suitable for products using
variable refrigerant volume (flow) systems.
Failure to receive such waiver or
exemption from test standards would prevent
Daikin U.S. from marketing our products
even though DOE has previously granted
waiver for other products currently in the
market with similar design characteristics.
We would be pleased to respond to any
questions you may have regarding this
Petition for Waiver of Test Procedure. Please
direct such questions or comments to Raul
Esparza, Vice President of Latin American
Operations at 305–596–4344 or by email at
raul.esparza@daikinac.com.
Sincerely,
Yoshinobu Inoue,
President, Daikin U.S. Corporation, 475 Fifth
Avenue, 18th Floor, New York, NY
10017.
[FR Doc. E7–18340 Filed 9–17–07; 8:45 am]
BILLING CODE 6450–01–P
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[Federal Register Volume 72, Number 180 (Tuesday, September 18, 2007)]
[Notices]
[Pages 53237-53242]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-18340]
-----------------------------------------------------------------------
DEPARTMENT OF ENERGY
Office of Energy Efficiency and Renewable Energy
[Docket No. EERE-2007-BT-WAV-0006]
Energy Conservation Program for Consumer Products: Publication of
the Petition for Waiver From Daikin U.S. Corporation and Granting of
the Application for Interim Waiver From the Department of Energy
Residential Central Air Conditioner and Heat Pump Test Procedure [Case
No. CAC-016]
AGENCY: Office of Energy Efficiency and Renewable Energy, Department of
Energy.
ACTION: Notice of petition for waiver, granting of application for
interim waiver, and request for comments.
-----------------------------------------------------------------------
SUMMARY: This notice announces receipt of and publishes a Petition for
Waiver from Daikin U.S. Corporation (Daikin). The Petition for Waiver
(hereafter ``Daikin Petition'') requests a waiver of the Department of
Energy (DOE) test procedures applicable to residential central air
conditioners and heat pumps. The waiver request is specific to the
Daikin Variable Refrigerant Volume VRV-II-S (residential) multi-split
heat pumps and heat recovery systems. Through this document, DOE is:
(1) Soliciting comments, data, and information with respect to the
Daikin Petition; and (2) granting an Interim Waiver to Daikin from the
DOE test procedure for residential central air conditioners and heat
pumps.
DATES: DOE will accept comments, data, and information with respect to
the Daikin Petition until, but no later than October 18, 2007.
ADDRESSES: You may submit comments, identified by case number [CAC-
016], by any of the following methods:
Federal eRulemaking Portal: https://www.regulations.gov.
Follow the instructions for submitting comments.
E-mail: Michael.Raymond@ee.doe.gov Include either the case
number [CAC-016], and/or ``Daikin Petition'' in the subject line of the
message.
Mail: Ms. Brenda Edwards-Jones, U.S. Department of Energy,
Building Technologies Program, Mailstop EE-2J, Forrestal Building, 1000
Independence Avenue, SW., Washington, DC 20585-0121. Telephone: (202)
586-2945. Please submit one signed original paper copy.
Hand Delivery/Courier: Ms. Brenda Edwards-Jones, U.S.
Department of Energy, Building Technologies Program, Room 1J-018,
Forrestal Building, 1000 Independence Avenue, SW., Washington, DC
20585-0121. Please submit one signed original paper copy.
Instructions: All submissions received must include the agency name
and case number for this proceeding. Submit electronic comments in
WordPerfect, Microsoft Word, Portable Document Format (PDF), or text
(American Standard Code for Information Interchange (ASCII)) file
format, and avoid the use of special characters or any form of
encryption. Wherever possible, include the electronic signature of the
author. Absent an electronic signature, comments submitted
electronically must be followed and authenticated by submitting the
signed original paper document. DOE does not accept telefacsimiles
(faxes).
Any person submitting written comments must also send a copy of
such comments to the petitioner, pursuant to 10 CFR 430.27(d). The
contact information for the petitioner is: Mr. Russell Tavolacci,
Director of Product Marketing, Daikin U.S. Corporation, 1645 Wallace
Drive, Suite 110, Carrollton, TX 75006. Telephone: (972) 245-1510. E-
mail: Russell.Tavolacci@daikinac.com.\1\
---------------------------------------------------------------------------
\1\ DOE notes that Daikin has updated the contact information
provided in its initial petition. Accordingly, the information
provided in the ADDRESSES section above should be used in lieu of
the Daikin contact information cited in the company's original
Petition for Waiver and Application for Interim Waiver (published
following this notice).
---------------------------------------------------------------------------
According to 10 CFR 1004.11, any person submitting information that
he or she believes to be confidential and exempt by law from public
disclosure should submit two copies: one copy of the document including
all the information believed to be confidential, and one copy of the
document with the information believed to be confidential deleted. DOE
will make its own determination about the confidential status of the
information and treat it according to its determination.
Docket: For access to the docket to review the documents relevant
to this matter, you may visit the U.S. Department of Energy, 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: (1) This
notice; (2) public comments received; (3) the Petition for Waiver and
Application for Interim Waiver; and (4) 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 (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. Telephone: (202) 586-9611. E-mail:
Michael.Raymond@ee.doe.gov.
Francine Pinto or Eric Stas, U.S. Department of Energy, Office of
the
[[Page 53238]]
General Counsel, Mail Stop GC-72, Forrestal Building, 1000 Independence
Avenue, SW., Washington, DC 20585-0103. Telephone: (202) 586-9507. E-
mail: Francine.Pinto@hq.doe.gov or Eric.Stas@hq.doe.gov.
SUPPLEMENTARY INFORMATION:
Table of Contents
I. Background and Authority
II. Petition for Waiver
III. Application for Interim Waiver
IV. Alternate Test Procedure
V. Summary and Request for Comments
I. Background and Authority
Title III of the Energy Policy and Conservation Act (EPCA) sets
forth a variety of provisions concerning energy efficiency. Part B of
Title III establishes the ``Energy Conservation Program for Consumer
Products Other Than Automobiles.'' (42 U.S.C. 6291-6309) This notice
involves residential products under Part B, and the statute
specifically includes definitions, test procedures, labeling
provisions, energy conservation standards, and the authority to require
information and reports from manufacturers.
With respect to test procedures, Part B generally authorizes the
Secretary of Energy (the Secretary) to prescribe test procedures that
are reasonably designed to produce results which reflect energy
efficiency, energy use, and estimated annual operating costs, and that
are not unduly burdensome to conduct. (42 U.S.C. 6293(b)(3))
Relevant to the current Petition for Waiver, the test procedures
for residential central air conditioners and central air conditioning
heat pumps are set forth in 10 CFR Part 430, Subpart B, Appendix M.
Section 323 of EPCA provides that the Secretary of Energy may amend
test procedures for consumer products if the Secretary determines that
amended test procedures would more accurately reflect energy
efficiency, energy use or estimated annual operating costs, and are not
unduly burdensome to conduct. (42 U.S.C. 6293(b)(1)(A) and (b)(3))
DOE's regulations contain provisions allowing a person to seek a
waiver from the test procedure requirements for covered products, for
which the petitioner's 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). Petitioners must include in their petition any
alternate test procedures known to evaluate the basic model in a manner
representative of its energy consumption. 10 CFR 430.27(b)(1)(iii). The
Assistant Secretary for Energy Efficiency and Renewable Energy (the
Assistant Secretary) may grant the waiver subject to conditions,
including adherence to alternate test procedures. 10 CFR 430.27(l).
Waivers generally remain in effect until final test procedure
amendments become effective, thereby resolving the problem that
instigated the Petition for Waiver. 10 CFR 430.27(m).
The waiver process also permits parties petitioning DOE for a
waiver to apply for an Interim Waiver from the prescribed test
procedure requirements. 10 CFR 430.27(a)(2). The Assistant Secretary
will grant an Interim Waiver request if it is determined that the
applicant will experience economic hardship if the 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). 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).
II. Petition for Waiver
On December 9, 2005, Daikin filed a Petition for Waiver from the
test procedures applicable to residential and commercial package air
conditioning and heating equipment and an Application for Interim
Waiver. The applicable test procedure for Daikin's residential VRV-II-S
products is the DOE residential test procedure found in 10 CFR Part
430, Subpart B, Appendix M. For Daikin's commercial VRV-II-S products,
the applicable test procedure is also the residential test procedure
found in Appendix M, because the same test is used for single-phase
products with capacities less than 65,000 Btu/h.
Daikin seeks a waiver from the DOE test procedures on the grounds
that the VRV-II-S Series multi-split heat pump and heat recovery
systems contain design characteristics that prevent testing according
to the current DOE test procedures. Specifically, Daikin asserts that
the two primary factors that prevent testing of multi-split variable
speed products, regardless of manufacturer, are the same factors stated
in the waiver that DOE granted to Mitsubishi Electric & Electronics
USA, Inc. (Mitsubishi) for a similar 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 units to test. 69 FR 52660, 52661 (August 27, 2004).
Further, Daikin states that although the VRV-II-S product line fits
within the scope of the applicable DOE residential test procedure, the
basic design is not commensurate with the intent of the test procedures
for the reasons that follow. In particular, the test procedure does not
provide for:
The test procedure for a split system requires testing a
combination of paired indoor and outdoor unit assemblies, but it does
not include provisions for how the Daikin VRV-II-S product, with its
thousands of indoor unit combinations, should be evaluated with just
one outdoor unit test.
The test procedure requires testing matched assemblies,
but the Daikin VRV-II-S product is designed to be used in zoned systems
where the capacity of the indoor units installed does not necessarily
match the capacity of the outdoor unit.
The Daikin VRV-II-S products are intended to be used in
zoned systems where an outdoor unit can be connected with up to nine
separated indoor units. Moreover, Daikin offers 83 indoor unit models.
Each indoor unit is designed to be used with up to eight other indoor
units, which may not be the same models, in combination with a single
outdoor unit. Consequently, for each VRV-II-S outdoor unit, there could
be thousands of possible combinations of indoor units that could be
matched in a system configuration.
Accordingly, Daikin requests that DOE grant a test procedure waiver
for its VRV-II-S product designs, until a suitable test method can be
prescribed. Furthermore, Daikin states that failure to grant the waiver
would result in economic hardship because it would prevent the company
from marketing its VRV-II-S products. Also, Daikin states that it is
willing to work closely with DOE, the Air-Conditioning and
Refrigeration Institute (ARI), and other agencies to develop
appropriate test procedures, as necessary.
III. Application for Interim Waiver
On December 9, 2005, in addition to its Petition for Waiver, Daikin
submitted to DOE an Application for Interim Waiver. Daikin's
Application for Interim Waiver does not provide sufficient information
to evaluate the level of economic hardship Daikin will likely
experience if its Application for Interim Waiver is denied. However, in
those instances where the likely success of the
[[Page 53239]]
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
(Feb. 4, 2005); 70 FR 9629 (Feb. 28, 2005), respectively. In addition,
as noted above, DOE approved the Petition for Waiver from Mitsubishi
for its comparable line of commercial multi-split air conditioners and
heat pumps. 69 FR 52660 (August 27, 2004). The two prevailing reasons
for granting these waivers also apply to Daikin's VRV-II-S products:
(1) Test laboratories cannot test products with so many indoor units
\2\; and (2) it is impractical to test so many combinations of indoor
units with each outdoor unit. Thus, DOE has determined that it is
likely that Daikin's Petition for Waiver will be granted for its new
VRV-II-S multi-split models. Hence, It is ordered that:
---------------------------------------------------------------------------
\2\ According to the Daikin petition, up to 17 indoor units are
possible candidates for testing of its commercial multi-split air
conditioners and heat pumps. However, DOE believes that the
practical limits for testing would be about five units.
---------------------------------------------------------------------------
The Application for Interim Waiver filed by Daikin is hereby
granted for Daikin's VRV-II-S multi-split central air conditioners and
central air conditioning heat pumps, subject to the specifications and
conditions below. The Interim Waiver applies to the following models:
1. Daikin shall not be required to test or rate its VRV-II-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; and
2. Daikin shall be required to test and rate its VRV-II-S products
according to the alternate test procedure as set forth in section
IV(3), ``Alternate test procedure.''
Outdoor Units, Heat Pump-type
RXYM4MVMT: 38,200 Btu/h cooling/ 42,600 Btu/h heating,
single phase, 220 volts, 60 Hz
RXYM5MVMT: 47,700 Btu/h cooling/ 54,600 Btu/h heating,
single phase, 220 volts, 60 Hz
RXYM6MVMT: 52,900 Btu/h cooling/ 61,400 Btu/h heating,
single phase, 220 volts, 60 Hz
Indoor units
FXC series, ceiling mounted cassette (double flow) type,
FXC 20/25/32/40/50/63/80/125
FXF series, ceiling mounted cassette (multi flow) type,
FXF 25/32/40/50/63/80/100/125
FXK series, ceiling mounted cassette (corner) type, FXK
25/32/40/63
FXD series, slim above ceiling mounted ducted type, FXD
20/25/32/40/50/63
FXYD series, low silhouette above ceiling mounted ducted
type, FXYD 20/25/32/40/50 /63
FXS series, built-in above ceiling mounted ducted type,
FXS 20/25/32/40/50/63/80/100 /125
FXM series, above ceiling mounted ducted type, FXM 40/50/
63/80/100/125
FXH series, ceiling suspended type, FXH 32/63/100
FXA series, wall mounted type, FXA 20/25/32/40/50/63
FXL series, floor standing console type, FXL 20/25/32/40/
50/63
FXN series, floor standing concealed type, FXN 20/25/32/
40/50/63
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 for
Waiver is incorrect, or DOE determines that the results from the
alternate test procedure are unrepresentative of the basic models' true
energy consumption characteristics.
IV. Alternate Test Procedure
In response to two recent Petitions for Waiver from Mitsubishi, DOE
specified an alternate test procedure to provide a basis from which
Mitsubishi could test and make valid energy efficiency representations
for its R410A CITY MULTI products, as well as for its R22 multi-split
products. The Mitsubishi petitions, including the alternate test
procedure, were published in the Federal Register on April 9, 2007. 72
FR 17528, 17532. For similar reasons, DOE believes that alternate test
procedures are necessary here.
In general, DOE understands that existing testing facilities have a
limited ability to test multiple indoor units at one time, and the
number of possible combinations of indoor and outdoor units for some
variable refrigerant flow zoned systems is impractical to test. We
further note that subsequent to the waiver that DOE granted for
Mitsubishi's R22 multi-split products, ARI formed a committee to
discuss this issue and to work on developing an appropriate testing
protocol for variable refrigerant flow systems. However, to date, no
additional test methodologies have been adopted by the committee or
submitted to DOE.
Therefore, as discussed below, DOE is including an alternate test
procedure as a condition in granting the Interim Waiver for Daikin's
products, and plans to consider the same alternate test procedure in
the context of the subsequent Decision and Order pertaining to Daikin's
Petition for Waiver. Utilization of this alternative test procedure
will allow Daikin to test and make energy efficiency representations
for its VRV-II-S products. More broadly, DOE is also considering
applying a similar alternate test procedure to other existing waivers
for similar residential and commercial central air conditioners and
heat pumps. Such cases include Samsung's Petition for Waiver for its
multi-split products at 70 FR 9629 (Feb. 28, 2005), and Fujitsu's
Petition for Waiver for its multi-split products at 70 FR 5980 (Feb. 4,
2005). Similarly, DOE is considering use of this alternate test
procedure for other products of this type for which manufacturers seek
waivers, until such time as the DOE test procedure has been updated
appropriately.
In the present case, DOE is modifying the alternate test procedure
in the above-referenced waiver granted to Mitsubishi for the R410A CITY
MULTI products, and plans to consider inclusion of the following
similar waiver language in the Decision and Order for Daikin's VRV-II-S
multi-split air conditioner and heat pump models:
(1) The ``Petition for Waiver'' filed by Daikin U.S. Corporation
(Daikin) is hereby granted as set forth in the paragraphs below.
(2) Daikin shall not be required to test or rate its variable
refrigerant volume multi-split air conditioner and heat pump products
listed in section III, above, on the basis of the currently applicable
test procedure, but shall be required to test and rate such products
according to the alternate test procedure as set forth in paragraph
(3).
(3) Alternate test procedure.
(A) Daikin shall be required to test the products listed above
according to the test procedures for central air conditioners and heat
pumps prescribed by DOE at 10 CFR part 430, except that:
(i) Daikin shall not be required to comply with: 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 largest volume
of retail sales;'' and the third sentence in 10 CFR 430(m)(2),
including 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,
[[Page 53240]]
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 system combination using the same outdoor unit as the
tested combination, Daikin shall make representations concerning the
VRV-II-S products covered in this waiver according to the provisions of
subparagraph (C) below.
(ii) 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. 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.
(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 volume system used as
a tested combination shall consist of an outdoor unit that is matched
with between two and five 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 its variable refrigerant volume 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 approved by DOE; or
(b) Representation of non-tested combinations at the same energy
efficiency level as the tested combination with the same outdoor unit.
V. Summary and Request for Comments
Through today's notice, DOE announces receipt of Daikin's Petition
for Waiver from the test procedures applicable to Daikin's VRV-II-S
multi-split air conditioner and heat pump products, and for the reasons
articulated above, DOE is granting Daikin an Interim Waiver from those
procedures. As part of this notice, DOE is publishing Daikin's Petition
for Waiver in its entirety. The Petition contains no confidential
information. Furthermore, today's notice includes an alternate test
procedure that Daikin is required to follow as a condition of the
Interim Waiver and which DOE is considering including in its subsequent
Decision and Order. In this alternate test procedure, DOE is defining a
``tested combination'' which Daikin could use in lieu of testing all
retail combinations of its VRV-II-S multi-split air conditioner and
heat pump products.
Furthermore, should a subsequent manufacturer be unable to test all
retail combinations, DOE is considering allowing such manufacturers to
rate waived products according to an alternate rating method approved
by DOE, or to rate waived products the same as that for the specified
tested combination. DOE is also considering applying a similar
alternate test procedure to other comparable Petitions for Waiver for
residential and commercial central air conditioners and heat pumps.
Such cases include Samsung's Petition for Waiver for its DVM products
at 70 FR 9629 (Feb. 28, 2005), and Fujitsu's Petition for Waiver for
its Airstage variable refrigerant flow products at 70 FR 5980 (Feb. 4,
2005).
DOE is interested in receiving comments on the issues addressed in
this notice. Pursuant to 10 CFR 430.27(d), any person submitting
written comments must also send a copy of such comments to the
petitioner, whose contact information is included in the ADDRESSES
section above.
Issued in Washington, DC, on September 4, 2007.
Alexander A. Karsner,
Assistant Secretary, Energy Efficiency and Renewable Energy.
December 13, 2005
Hon. Douglas Faulkner, Acting Assistant Secretary for Energy
Efficiency and Renewable Energy, Department of Energy 1000
Independence Ave., SW., Washington, DC.
Re: Petition for Waiver of Test Procedures and Application for
Interim Waiver for Daikin's ``VRV-II-S'' variable refrigerant volume
multi-split heat pumps
Dear Assistant Secretary Faulkner: Daikin U.S. Corporation (DUS)
respectfully submits this document as our Petition for Waiver of
Test Procedure and Application for Interim Waiver of Test Procedure
applicable to our VRV-II-S product offering 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 specifically for Daikin's VRV-II-S multi-split heat
pump system incorporating variable speed compressor technology,
variable refrigerant flow and multiple zoning capabilities.
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.
The existing test standard that most closely relates to such
product is ARI 210/240 (2003).
I. 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 to provide users
with peak utility of the system and energy savings. The capacity of
this DUS product offering ranges from 38,200 BTU/Hr to 52,900 BTU/
Hr.
Our product offering (VRV-II-S) 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
[[Page 53241]]
outdoor units to test, therefore preventing testing of the basic
models according to prescribed test procedures. The VRV-II-S also
shares many of the same design characteristics as that of the DVM
product offered by Samsung Air Conditioning, of which DOE granted an
interim waiver on February 28, 2005.
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-II-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. There are thousands of
possible combinations with this current product offering.
II. Design Characteristics
Daikin developed the ``VRV-II-S'' to respond to the needs of a
truly energy efficient, easy to design and install air conditioning
system that is also flexible, reliable and user friendly and capable
to provide real zoning to residences, small offices and shops.
Daikin has incorporated comprehensive cutting-edge technologies into
the ``VRV-II-S,'' and the results are quieter operation, smaller
units, and simpler maintenance with higher efficiencies.
These compact 38,200 (4 HP); 47,700 (5 HP) and 52,900 (6 HP)
BTU/h Variable Refrigerant Volume (VRV) multi-split systems consist
of one outdoor unit, using a Reluctance DC scroll compressor with a
sine wave DC inverter with truly variable refrigerant volume
capacity serving multiple indoor units through a single piping set
of gas and liquid lines and using headers or 'Refnets' for
refrigerant distribution and electronic expansion valves.
The ``VRV-II-S'' system enables a single outdoor unit to
connects with up to 6 indoor units for the 4HP model; with up to 8
indoor units for the 5 HP model and with up to 9 indoor units for
the 6 HP model.
The indoor units can be selected from 13 types with 83 models
(included in item IV of this application), giving these systems
thousands of possible installation combinations. The operation
control system allows each indoor unit to have different set
temperatures and different modes of operation.
The Reluctance DC scroll compressor and the sine wave inverter
maintain compressor operation at optimum performance allowing it to
precisely match the cooling or heating load demand of the
conditioned areas. The Reluctance DC scroll compressor is capable of
slowing down to an operating capacity as little as 30% of its rated
capacity and accelerating to up to 150% of its rated capacity
allowing ti to install up to 130% indoor unit capacity to the
outdoor unit capacity.
Grounds for the Petition
Daikin seeks a waiver from the test procedures applicable to
central air conditioners and 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, Daikin seeks a waiver from the currently
applicable test procedure provided in 10 CFR 430.23(m) central air
conditioners and heat pumps and 10 CFR 430, Appendix M to Subpart B
Uniform Test Method for Measuring the Energy Consumption of Central
Air Conditioners and Heat Pumps.
III. Specific Requirements Sought to be Waived and the Need for the
Waiver
Daikin seeks a waiver from the applicable test procedures for
``VRV-II-S,'' because the current test procedures would evaluate
``VRV-II-S'' in a manner completely unrepresentative of its true
energy consumption as to provide materially inaccurate competitive
data. Below are the details of the two main reasons:
(1) Specified test procedures for a split system call for
testing a combination of paired indoor and outdoor unit assemblies
for typical split systems to be tested together, but it does not
include provisions on how the ``VRV-II-S'' with thousands of indoor
unit combinations is to be evaluated with just one outdoor unit
test.
Test procedures for typical multi-split central air conditioning
and heat pump systems (a combination of one outdoor unit and up to
five indoor units) calls for all the indoor units operating at full
capacity. This type of test, even though limited, can be impractical
for these types of products since it is possible to match a defined
standard combination of indoor units to one outdoor unit. ``VRV-II-
S'' does not have a standard representative combination of outdoor
and indoor units for testing.
``VRV-II-S'' products are intended to be used in zoning systems
where an outdoor unit can be connected from up to 9 separated indoor
units in a zoned system. Moreover, we offer 83 indoor unit models.
Each of these indoor unit models is designed to be used together
with up to 8 other indoor units, which may not be the same models,
in combination with a single outdoor unit. In other words, for each
``VRV-II-S'' outdoor unit there are thousands of 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 shall be tested
for a variable refrigerant volume system. While a test procedure
using a given number of indoor units (4, 5, 6 or more) 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 such a test procedure sets a
condition to the ratings based on one test combination among
thousands of possible combinations, they do not represent all system
combinations and consumers may misread true energy consumption if
their system configuration differs from the tested configuration.
At the same time, it will be unduly burdensome for us to conduct
tests of each possible combination and extremely impracticable.
Therefore, the test procedure does not contemplate, and cannot
practically be applied to Daikin's ``VRV-II-S'' 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 ``VRV-II-S'' is designed to be used in zoning systems where the
capacity of the indoor units installed does not necessarily match
the capacity of the outdoor unit. In a typical split system the
indoor and outdoor units are balanced and the capacity of the
outdoor unit is equivalent to the capacity of the indoor unit.
However, with ``VRV-II-S'' the sum of the capacity of the indoor
units can be from 50% to 130% of the capacity of the outdoor unit.
Such imbalanced combination of indoor units and outdoor units are
possible because of the zoning and electronic controls
characteristics of the system. For example, the use of electronic
controls, electronic expansion valves and inverter driven scroll
compressors allow the system to precisely control the volume of
refrigerant needed in each of the indoor units in accordance with
the particular load and set points of that indoor unit. This is
possible because of the advanced control system utilizing digital
communication between all the components of the system for overall
system control. The test procedure specified in 10 CFR 430.23(m) is
for matched assemblies and does not address testing for
substantially unbalanced systems.
For these reasons, the existing test procedures would evaluate
``VRV-II-S'' in a manner so unrepresentative of its true energy
consumption as to result in materially inaccurate competitive data.
It was only recently that variable refrigerant volume systems
were introduced into the United States market. Previous and current
test procedures have not been developed for these products that
would reflect their real energy consumption and their extraordinary
efficiency as of this date. But, without a waiver of the test
procedures for variable refrigerant volume systems like ``VRV-II-
S,'' we will be at a competitive disadvantage in the market and
consumers will be deprived of using this remarkably efficient
technology.
In accordance with 42 U.S.C. 6293(c) and 42 U.S.C. 6314(d) of
EPCA if there is an acceptable test procedure for a covered product,
the manufacturer is prohibited from making representations about the
energy
[[Page 53242]]
consumption of its equipment unless the equipment has been tested in
accordance with such test procedures and the representation fairly
discloses the result of the testing. Therefore Daikin is at a
disadvantage in our ability to provide information on energy
consumption of the ``VRV-II-S'' to our customers.
IV. Identification of the Basic Models
Daikin seeks a waiver from the test procedures for ``VRV-II-S,''
variable refrigerant volume multi-split heat pump systems, listed
below:
Outdoor unit, Heat Pump type
RXYM4MVMT; 38,200 BTU/h cooling/ 42,600 BTU/h heating,
single phase, 220 Volts, 60 Hz
RXYM5MVMT; 47,700 BTU/h cooling/ 54,600 BTU/h heating,
single phase, 220 Volts, 60 Hz
RXYM6MVMT; 52,900 BTU/h cooling/ 61,400 BTU/h heating,
single phase, 220 Volts, 60 Hz
Indoor units
FXC series, Ceiling mounted cassette (double flow)
type, FXC 20/25/32/40/50/63/80/125
FXF series, Ceiling mounted cassette (multi flow) type,
FXF 25/32/40/50/63/80/100/125
FXK series, Ceiling mounted cassette (corner) type, FXK
25/32/40/63
FXD series, Slim above ceiling mounted ducted type, FXD
20/25/32/40/50/63
FXYD series, Low silhouette above ceiling mounted
ducted type, FXYD 20/25/32/40/50/63
FXS series, Built-in above ceiling mounted ducted type,
FXS 20/25/32/40/50/63/80/100/125
FXM series, Above ceiling mounted ducted type, FXM 40/
50/63/80/100/125
FXH series, Ceiling suspended type, FXH 32/63/100
FXA series, Wall mounted type, FXA 20/25/32/40/50/63
FXL series, Floor standing console type, FXL 20/25/32/
40/50/63
FXN series, Floor standing concealed type, FXN 20/25/
32/40/50/63
Note: All the above series have engineering differences among
the series.
IV. Identification of the Manufacturers of All Other Basic Models
At the present time Variable refrigerant volume (flow) multi-
split air conditioning and heat pumps are proposed in the United
States by Mitsubishi Electric and Electronics USA Inc., Samsung
Electronic Company, Ltd. and Fujitsu General Limited, the first two
companies apply most of their products to commercial and industrial
use; Fujitsu's ``Airstage'' system is applied in residential and
commercial use. (Fujitsu filed FR Doc. 05-2184 on 2-3-05 for a
waiver for a similar product)
V. Alternate Test Procedures
There are no alternative test procedures available within the
United States that provide a means to test and to rate the
performance of such variable speed, multi-split, multi-zone product
types. The Engineering Committee of ARI's Ductless Section is
actively working to evaluate and develop possible methods to provide
testing and rating of such systems. Daikin is involved in this
project in an effort to speed the process.
VI. 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
LG Electronics USA, Inc.
VII. Application for Interim Waiver
Under the direction of 10 CFR 431.29, Daikin U.S. Corporation
also submits this document as an Application for Interim Waiver of
Test Procedures applicable to the VRV-II-S models as listed
previously. Such approval of Interim Waiver will provide Daikin with
an opportunity to compete in the market during which time DOE
reviews our Petition for Waiver of Test Procedure for the VRV-II-S
product.
Daikin U.S. believes that there is a high likelihood of success
that our Petition for Waiver will be approved based on the grounds
that DOE has issued a Waiver from Test Standards for product that is
very similar in design and operation to that of the VRV-II-S
product. Such approvals are evidenced as follows:
DOE has issued a Waiver from Test Standards for product
of very similar characteristics:
[cir] City Multi product marketed by Mitsubishi Electric &
Electronics USA, Inc., as approved in the Federal Register/Vol. 69,
No. 166/Friday, August 27, 2004/Notices, page 52,660.
DOE has issued an Interim Waiver from Test procedures
to Samsung on February 28, 2005.
Testing laboratories cannot test products with so many
indoor units.
There are too many possible combinations of indoor and
outdoor units to test.
Failure to approve such Interim Waiver from Test Procedure will
inhibit Daikin's ability to compete in the marketplace even though
our VRV-II-S product has the same basic design characteristics as
that of other manufacturers currently under waiver. The VRV-II-S
models, for which this Interim Waiver is requested, comprise a
significant portion of our total product offering. An inability to
market such products would result in an economic hardship due to
lost revenue and breadth of product offering available to attract
customers.
VIII. Conclusion
Daikin seeks a waiver of current test procedures established in
10 CFR 430.23(m) Central Air Conditioners and Heat Pumps (including
the new version published in the Federal Register dated October 11,
2005 [Docket No. EE-RM/TP-97-440] RIN 1904-AA46) and 10 CFR 430.27
Appendix M to Subpart B Uniform Test Method for Measuring the Energy
Consumption of Central Air Conditioners and Heat Pumps for
Residential Uses and ARI 210/240 (1989), ARI 210/240 (1994) and ARI
210/240 (2003) for commercial uses.
This is necessary because the test procedures in use and
approved evaluate the basic models in a manner that is not
representative of the true energy consumption characteristics of the
``VRV-II-S.'' Using such test methods as those outlined in ARI 210/
240 will result in materially inaccurate competitive data.
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 characteristics of
Daikin's VRV-II-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 the Department of
Energy to recognize the technologies incorporated into this advanced
heating and cooling product and allow us to market such product by
granting our request for waiver. Daikin will work with stakeholders,
U.S. Department of Energy, Air Conditioning and Refrigeration
Institute, the American Society of Heating, Refrigeration and Air-
Conditioning Engineers, Inc. and others, through the process of
developing test procedures suitable for products using variable
refrigerant volume (flow) systems.
Failure to receive such waiver or exemption from test standards
would prevent Daikin U.S. from marketing our products even though
DOE has previously granted waiver for other products currently in
the market with similar design characteristics.
We would be pleased to respond to any questions you may have
regarding this Petition for Waiver of Test Procedure. Please direct
such questions or comments to Raul Esparza, Vice President of Latin
American Operations at 305-596-4344 or by email at
raul.esparza@daikinac.com.
Sincerely,
Yoshinobu Inoue,
President, Daikin U.S. Corporation, 475 Fifth Avenue, 18th Floor,
New York, NY 10017.
[FR Doc. E7-18340 Filed 9-17-07; 8:45 am]
BILLING CODE 6450-01-P
