Energy Conservation Program for Consumer Products: Publication of the Petition for Waiver From Sanyo Fisher Company and Granting of the Application for Interim Waiver From the Department of Energy Residential and Commercial Central Air Conditioner and Heat Pump Test Procedures [Case No. CAC-017], 179-186 [E7-25453]
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179
Office of Energy Efficiency and
Renewable Energy
Energy Conservation Program for
Consumer Products: Publication of the
Petition for Waiver From Sanyo Fisher
Company and Granting of the
Application for Interim Waiver From
the Department of Energy Residential
and Commercial Central Air
Conditioner and Heat Pump Test
Procedures [Case No. CAC–017]
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.
AGENCY:
SUMMARY: This notice announces receipt
of and publishes a Petition for Waiver
from Sanyo Fisher Company, (Sanyo).
The Petition for Waiver (hereafter
‘‘Sanyo Petition’’) requests a waiver of
the Department of Energy (DOE) test
procedures applicable to residential and
commercial central air conditioners and
heat pumps. The waiver request is
specific to the Sanyo Variable
Refrigerant Flow (VRF) ECO-i multisplit heat pumps and heat recovery
systems. Through this document, DOE
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180
Federal Register / Vol. 73, No. 1 / Wednesday, January 2, 2008 / Notices
is: (1) Soliciting comments, data, and
information with respect to the Sanyo
Petition; and (2) granting an Interim
Waiver to Sanyo from the DOE test
procedures for residential and
commercial central air conditioners and
heat pumps.
DATES: DOE will accept comments, data,
and information with respect to the
Sanyo Petition until, but no later than
February 1, 2008.
ADDRESSES: You may submit comments,
identified by case number [CAC–017],
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–017], and/or ‘‘Sanyo
Petition’’ in the subject line of the
message.
• Mail: Ms. Brenda Edwards-Jones,
U.S. Department of Energy, Building
Technologies Program, Mailstop EE–2J,
Forrestal Building, 1000 Independence
Avenue, SW., Washington, DC 20585–
0121. Telephone: (202) 586–2945.
Please submit one signed original paper
copy.
• Hand Delivery/Courier: Ms. Brenda
Edwards-Jones, U.S. Department of
Energy, Building Technologies Program,
950 L’Enfant Plaza, SW., 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) and 10
CFR 431.401(d). The contact
information for the petitioner is: Mr.
Davis Watkins, Vice President, Applied
Products Group, Sanyo Fisher
Company, 1690 Roberts Blvd., NW.,
Suite 110, Kennesaw, GA 30144.
Telephone: (678) 384–3112. E-mail:
dwatkins@sss.sanyo.com.
According to 10 CFR 1004.11, any
person submitting information that he
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19:55 Dec 31, 2007
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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, 950 L’Enfant
Plaza (Resource Room of the Building
Technologies Program), 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
(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.
Telephone: (202) 586–9611. E-mail:
Michael.Raymond@ee.doe.gov.
Ms. Francine Pinto or Mr. Eric Stas,
U.S. Department of Energy, Office of the
General Counsel, Mail Stop GC–72,
Forrestal Building, 1000 Independence
Avenue, SW., Washington, DC 20585–
0103. Telephone: (202) 586–9507. Email: 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)
Similar to the Program in Part B, Part C
of Title III provides for an energy
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efficiency program titled ‘‘Certain
Industrial Equipment,’’ which includes
commercial air conditioning and
heating equipment, package boilers,
water heaters, and other types of
commercial equipment. (42 U.S.C.
6311–6317)
This notice involves residential
products under Part B, as well as
commercial equipment under Part C.
Under both parts, the statute specifically
includes definitions, test procedures,
labeling provisions, energy conservation
standards, and the authority to require
information and reports from
manufacturers. (42 U.S.C. 6291–6296;
6311–6316) With respect to test
procedures, both parts authorize 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); 6314(a)(2))
Relevant to the current Petition for
Waiver, the test procedure for
residential central air conditioning and
heat pump products is set forth in 10
CFR Part 430, Subpart B, Appendix M.
For commercial package air
conditioning and heating equipment,
EPCA provides that ‘‘the test procedures
shall be those generally accepted
industry testing procedures or rating
procedures developed or recognized by
the Air-Conditioning and Refrigeration
Institute [ARI] or by the American
Society of Heating, Refrigerating and
Air-Conditioning Engineers [ASHRAE],
as referenced in ASHRAE/IES
[Illuminating Engineering Society of
North America] Standard 90.1 and in
effect on June 30, 1992.’’ (42 U.S.C.
6314(a)(4)(A)) Under 42 U.S.C.
6314(a)(4)(B), the statute further directs
the Secretary to amend the test
procedure for a covered commercial
product if the industry test procedure is
amended, unless the Secretary
determines that such a modified test
procedure does not meet the statutory
criteria set forth in 42 U.S.C. 6314(a)(2)
and (3).
On December 8, 2006, DOE published
a final rule in the Federal Register
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 British thermal
units per hour (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. Pursuant
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to this rulemaking, DOE’s regulations at
10 CFR 431.95(b)(2) incorporate by
reference the relevant ARI standards,
and DOE’s regulations at 10 CFR 431.96
direct manufacturers of commercial
package air conditioning and heating
equipment to use the appropriate
procedure when measuring energy
efficiency of those products. (The
cooling capacities of Sanyo’s ECO-i VFR
commercial and residential multi-split
products respectively fall in the ranges
covered by ARI Standard 340/360–2004
and the DOE test procedure for
residential products referred to above.)
DOE’s regulations contain provisions
allowing a person to seek a waiver from
the test procedure requirements for
covered consumer products, if the
petitioner’s basic model contains one or
more design characteristics that prevent
testing according to the prescribed test
procedures, or if the test procedures
may evaluate the basic product in a
manner so unrepresentative of its true
energy consumption as to provide
materially inaccurate comparative data.
10 CFR 430.27(a)(1). The waiver
provisions for commercial equipment
are substantively identical to those for
covered consumer products and are
found at 10 CFR 431.401(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);
10 CFR 431.401(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); 10 CFR 431.401(f)(4). Waivers
generally remain in effect until the
effective date of a final rule which
prescribes amended test procedures
appropriate to the model series
manufactured by the petitioner, thereby
eliminating any need for the
continuation of the waiver. 10 CFR
430.27(m); 431.401(g).
The waiver process also permits
parties submitting a Petition for Waiver
to file an Application for Interim Waiver
from the prescribed test procedure
requirements. 10 CFR 430.27(a)(2); 10
CFR 431.401(a)(2). The Assistant
Secretary will grant an Interim Waiver
request if it is determined that the
applicant will experience economic
hardship if the 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); 10 CFR
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19:07 Dec 31, 2007
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431.401(e)(3). An Interim Waiver
remains in effect for a period of 180
days or until DOE issues its
determination on the Petition for
Waiver, whichever is sooner, and may
be extended for an additional 180 days,
if necessary. 10 CFR 430.27(h); 10 CFR
431.401(e)(4).
II. Petition for Waiver
On February 22, 2007, Sanyo 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 Sanyo’s
residential ECO-i multi-split products is
the DOE residential test procedure
found in 10 CFR Part 430, Subpart B,
Appendix M. For Sanyo’s commercial
ECO-i multi-split products, the
applicable test procedure is ARI 340/
360–2004, because, as discussed in the
previous section I above (Background
and Authority), this is the test
procedure specified in Tables 1 and 2 to
10 CFR 431.96.
Sanyo seeks a waiver from the DOE
test procedures for this product class on
the grounds that its ECO-i multi-split
heat pump and heat recovery systems
contain design characteristics that
prevent testing according to the current
DOE test procedures. Specifically,
Sanyo 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 & 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, Sanyo states that its ECO-i
product offering is a multi-split system
incorporating a diverse amount and
configuration of indoor units for
connection to a single outdoor unit, and
that it is impractical to test the
performance of each system under the
current DOE test procedure. The
number of connectable indoor units for
each outdoor unit ranges from 6 to 28.
Furthermore, the indoor units are
designed to operate at many different
external static pressure values, which
compounds the difficulty of testing. A
testing facility could not manage proper
airflow at several different external
static pressure values for the many
indoor units that would be connected to
an ECO-i outdoor unit.
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181
Accordingly, Sanyo requests that DOE
grant a test procedure waiver for its
ECO-i product designs, until a suitable
test method can be prescribed.
Furthermore, Sanyo states that failure to
grant the waiver would result in
economic hardship because it would
prevent the company from marketing its
ECO-i products. Also, Sanyo 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 February 22, 2007, in addition to
its Petition for Waiver, Sanyo also
submitted an Application for Interim
Waiver to DOE. Sanyo’s Application for
Interim Waiver does not provide
sufficient information to evaluate the
level of economic hardship Sanyo 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,
Samsung, and Daikin for comparable
residential and commercial multi-split
air conditioners and heat pumps. 70 FR
5980 (Feb. 4, 2005); 70 FR 9629 (Feb. 28,
2005); 72 FR 53237 (Sept. 18, 2007),
respectively.
Moreover, 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 principal reasons for
granting these waivers also apply to
Sanyo’s VRV–II–S products: (1) Test
laboratories cannot test products with so
many indoor units 1; and (2) it is
impractical to test so many
combinations of indoor units with each
outdoor unit. Thus, DOE has
determined that it is likely that Sanyo’s
Petition for Waiver will be granted for
its new ECO-i multi-split models.
Therefore, it is ordered that:
The Application for Interim Waiver
filed by Sanyo is hereby granted for
Sanyo’s ECO-i multi-split central air
conditioners and central airconditioning heat pumps, subject to the
specifications and conditions below.
1 According to the Sanyo petition, up to 28 indoor
units are possible candidates for testing of its
residential and 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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Federal Register / Vol. 73, No. 1 / Wednesday, January 2, 2008 / Notices
The Interim Waiver applies to the
following models:
1. Sanyo shall not be required to test
or rate its ECO-i residential products on
the basis of the currently applicable test
procedure, which is set forth in 10 CFR
430, Subpart B, Appendix M. Sanyo
shall not be required to test or rate its
ECO-i commercial products on the basis
of the currently applicable test
procedure, which is set forth in ARI
Standard 340/360–2004.
2. Sanyo shall be required to test and
rate its ECO-i products according to the
alternate test procedure as set forth
below in section IV(3), ‘‘Alternate test
procedure.’’
Outdoor units:
ECO-I OUTDOOR MODEL IDENTIFICATION
Nominal Capacity
Model #
Type
Cooling
38,200
52,900
95,500
95,500
42,700
60,000
107,500
107,500
CHDX14053 ...............................................
CHDZ14053 ...............................................
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CHX3652 ...................................................
CHX06052 .................................................
CHDX09053 ...............................................
CHDZ09053 ...............................................
153,600
153,600
170,600
170,600
Indoor units:
• AHX**52 Series; Ceiling Cassette, 1
Way Air Discharge, 7,500/9,600/12,000
BTU/hr nominal capacities.
• DHX**52 Series; Concealed Ducted,
Medium External Static, 36,000/47,800
BTU/hr nominal capacities.
• FHX**52 Series; Exposed Floor
Standing, 7,500/9,600/12,000/19,000/
25,000 BTU/hr nominal capacities.
• FMHX**52 Series; Concealed Floor
Standing, 7,500/9,600/12,000/19,000/
25,000 BTU/hr nominal capacities.
• KHX**52 Series; Wall Mounted,
7,500/9,600/12,000/19,000/25,000 BTU/
hr nominal capacities.
• LHX**52 Series; Ceiling Mount
Slim Design 1 Way Air Discharge,
12,000/19,000/25,000 BTU/hr nominal
capacities.
• SHX**52 Series; Ceiling Cassette, 2
Way Air Discharge, 7,500/9,600/12,000/
19,000/25,000/36,000/47,800 BTU/hr
nominal capacities.
• THX**52 Series; Ceiling
Suspended, 12,000/19,000/25,000 BTU/
hr nominal capacities.
• UHX**52 Series; Concealed
Ducted, Low External Static, 7,500/
9,600/12,000/19,000/25,000/36,000
BTU/hr nominal capacities.
• UMHX**52 Series; Concealed Slim
Ducted, Low External Static, 7,500/
9,600/12,000/19,000/25,000 BTU/hr
nominal capacities.
• XHX**52 Series; Ceiling Cassette, 4
Way Air Discharge, 12,000/19,000/
25,000/36,000 BTU/hr nominal
capacities.
• XMHX**52 Series, Mini Ceiling
Cassette, 4 Way Air Discharge, 7,500/
9,600/12,000/19,000/25,000 BTU/hr
nominal capacities.
This Interim Waiver is conditioned
upon the presumed validity of
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Heat Pump ..............
Heat Pump ..............
Heat Pump ...............
Heat Recovery (Simultaneous heating/cooling).
Heat Pump ..............
Heat Recovery (Simultaneous heating/cooling).
statements, representations, and
documentary materials provided by the
petitioner. DOE may revoke or modify
this Interim Waiver at any time upon a
determination that the factual basis
underlying the Petition for Waiver is
incorrect, or upon a determination that
the results from the alternate test
procedure are unrepresentative of the
basic models’ true energy consumption
characteristics.
IV. Alternate Test Procedure
In response to two recent Petitions for
Waiver from Mitsubishi, DOE specified
an alternate test procedure to provide a
basis from which Mitsubishi could test
and make valid energy efficiency
representations for its R410A CITY
MULTI products, as well as for its R22
multi-split products. 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 the
issue and to work on developing an
appropriate testing protocol for variable
refrigerant flow systems. However, to
date, no additional test methodologies
have been adopted by the committee or
submitted to DOE.
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Phase
Voltage
Heating
Fmt 4703
Sfmt 4703
Connectable
Indoor Units
1
1
3
3
208–230
208–230
208–230
208–230
6
9
16
16
3
3
208–230
208–230
28
28
Therefore, as discussed below, DOE is
including an alternate test procedure as
a condition in granting the Interim
Waiver for Sanyo’s products, and plans
to consider the same alternate test
procedure in the context of the
subsequent Decision and Order
pertaining to Sanyo’s Petition for
Waiver. Utilization of this alternate test
procedure will allow Sanyo to test and
make energy efficiency representations
for its ECO-i products. More broadly,
DOE has also applied a similar alternate
test procedure to other existing waivers
for similar residential and commercial
central air conditioners and heat pumps.
Such cases include Samsung’s Decision
and Order for its multi-split products at
72 FR 71387 (Dec. 17, 2007), and
Fujitsu’s Decision and Order for its
multi-split products at 72 FR 71383
(Dec. 17, 2007). As noted above, the
alternate test procedure has been
applied to Mitsubishi’s Petition for
Waiver for its R410A CITY MULTI and
R22 multi-split products. 72 FR 17528
(April 9, 2007).
DOE believes that an alternate test
procedure is needed so that
manufacturers of such products can
make valid and consistent
representations of energy efficiency for
their air-conditioning products. In the
present case, DOE is modifying the
alternate test procedure taken from the
above-referenced waiver granted to
Mitsubishi for its R410A CITY MULTI
products, and plans to consider
inclusion of the following similar
waiver language in the Decision and
Order for Sanyo’s ECO-i multi-split air
conditioner and heat pump models:
(1) The ‘‘Petition for Waiver’’ filed by
Sanyo Fisher Company (Sanyo) is
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hereby granted as set forth in the
paragraphs below.
(2) Sanyo shall not be required to test
or rate its ECO-i variable refrigerant
volume multi-split air conditioner and
heat pump products listed above in
section III, on the basis of the current
test procedures, but shall be required to
test and rate such products according to
the alternate test procedure as set forth
in paragraph (3).
(3) Alternate test procedure.
(A) Sanyo shall be required to test the
products listed in section III above
according to the test procedures for
central air conditioners and heat pumps
prescribed by DOE at 10 CFR Parts 430
and 431, except that:
(i) For products covered by 10 CFR
Part 430 (consumer products), Sanyo
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 largest volume of retail sales’’;
and (2) 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, Sanyo
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,
Sanyo shall make representations
concerning the ECO-i products covered
in this waiver according to the
provisions of subparagraph (C) below.
(ii) For products covered by 10 CFR
Part 430 (consumer products), Sanyo
shall be required to comply with 10 CFR
Part 430, Subpart B, Appendix M, as
amended by the final rule published in
the Federal Register on October 22,
2007. 72 FR 59906. The test procedure
changes applicable to multi-split
products are in 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), Sanyo
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, Sanyo
shall make representations concerning
the ECO-i products covered in this
waiver according to the provisions of
subparagraph (C) below.
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(B) Tested combination means a
multi-split system with multiple indoor
coils having the following features:
(1) The basic model of a system used
as a tested combination shall consist of
one outdoor unit, with one or more
compressors, that is matched with
between 2 and 5 indoor units; for multisplit systems, each of these indoor units
shall be designed for individual
operation.
(2) The indoor units shall—
(i) Represent the highest sales model
family, or another indoor model family
if the highest sales model family does
not provide sufficient capacity (see ii);
(ii) Together, have a nominal capacity
that is between 95% and 105% of the
nominal capacity of the outdoor unit;
(iii) Not, individually, have a capacity
that is greater than 50% of the nominal
capacity of the outdoor unit;
(iv) Operate at fan speeds that are
consistent with the manufacturer’s
specifications; and
(v) All be subject to the same
minimum external static pressure
requirement while being configurable to
produce the same static pressure at the
exit of each outlet plenum when
manifolded as per section 2.4.1 of 10
CFR Part 430, Subpart B, Appendix M.
(C) Representations. In making
representations about the energy
efficiency of its ECO-i variable
refrigerant volume multi-split air
conditioner and heat pump products,
for compliance, marketing, or other
purposes, Sanyo must fairly disclose the
results of testing under the DOE test
procedure, doing so in a manner
consistent with the provisions outlined
below:
(i) For ECO-i multi-split combinations
tested in accordance with this alternate
test procedure, Sanyo must disclose
these test results.
(ii) For ECO-i multi-split
combinations that are not tested, Sanyo
must make a disclosure 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; 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 Sanyo’s Petition
for Waiver from the test procedures
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183
applicable to Sanyo’s ECO-i residential
and commercial multi-split air
conditioner and heat pump products,
and for the reasons articulated above,
DOE is granting Sanyo an Interim
Waiver from those procedures. As part
of this notice, DOE is publishing
Sanyo’s Petition for Waiver in its
entirety. The petition contains no
confidential information. Furthermore,
today’s notice includes an alternate test
procedure that Sanyo is required to
follow as a condition of its 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 Sanyo could use in
lieu of testing all retail combinations of
its ECO-i 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 ARM
approved by DOE, or to rate waived
products in the same manner as that for
the specified tested combination. DOE
has applied a similar alternate test
procedure to other comparable Petitions
for Waiver for residential and
commercial central air conditioners and
heat pumps. Such cases include
Samsung’s Petition for Waiver for its
Digital Variable Multi (DVM) products
at 72 FR 71387 (Dec. 17, 2007), and
Fujitsu’s Petition for Waiver for its
Airstage variable refrigerant flow
products at 72 FR 71383 (Dec. 17, 2007).
DOE is interested in receiving
comments on the issues addressed in
this notice. Pursuant to 10 CFR
430.27(d) and 10 CFR 431.401(d), any
person submitting written comments
must also send a copy of such
comments to the petitioner, whose
contact information is included in the
ADDRESSES section above.
Issued in Washington, DC, on December
20, 2007.
Alexander A. Karsner,
Assistant Secretary, Energy Efficiency and
Renewable Energy.
February 22, 2007
The Honorable Alexander Karsner,
Assistant Secretary for Energy
Efficiency and Renewable Energy,
U.S. Department of Energy, 1000
Independence Ave., SW.,
Washington, DC 20585–0121.
Re: Petition for Waiver of Test
Procedure and Application for Interim
Waiver for ECO-I Air Source Heat
Pumps and Heat Recovery Products.
Dear Assistant Secretary Karsner,
Sanyo Fisher Company (‘‘SFC’’) is most
excited with the opportunity to
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introduce to the United States HVAC
market one of our most successful
products marketed throughout much of
the world. We refer to this as our ECOi product line. ECO-i incorporates
Variable Refrigerant Flow (VRF) and
Multi-Split Zoning characteristics with
a highly advanced integrated control
system. We utilize variable speed
compressor technology to provide high
efficiency operation and individual
zone control for each indoor unit.
As a result of this product line’s
unique design and operating
characteristics, it is currently not
possible to conduct testing as defined by
ARI Standard 210/240 or ARI Standard
340/360. Therefore, SFC respectfully
submits this Petition for Waiver from
Test Procedure and simultaneously an
Application for Interim Waiver of Test
Procedure for our ECO-i product line in
accordance with the requirements set
forth in 10 CFR 431.401 (1–1–06
Edition).
Section 1—Background
SFC’s ECO-i product contains
characteristics that prevent testing of the
system using the procedures outlined in
ARI 210/240 as well as ARI 340/360.
Simply stated, testing laboratories
cannot test products with so many
indoor units connected to a single
outdoor unit. There are also too many
possible indoor unit combinations to
test them all. As a result of these issues,
SFC seeks a waiver from test procedures
until such time as a permanent or
interim method of testing and rating
VRF Multi-Split products is adopted.
The Department of Energy (DOE) has
previously granted waivers and/or
interim waivers to other manufacturers
of equipment that contain the same
basic design characteristics as that of
SFC’s ECO-i product line. Table 1 as
shown below provides such detail and
verification related to current and
previous waiver requests for similar
product.
TABLE 1.—WAIVER STATUS
Manufacturer
Petition
Interim
Product
Mitsubishi .......................................
Mitsubishi .......................................
Mitsubishi .......................................
Samsung ........................................
Fujitsu General ..............................
Granted 8/2004 .............................
.......................................................
Pending .........................................
.......................................................
.......................................................
.......................................................
Granted 3/2006 .............................
Pending .........................................
Granted Early 2005 ......................
Granted Jan 5, 2006 ....................
R–22 Air Source Heat Pump.
R–410a City Multi Air Source.
R–410a City Multi Water Source.
R–22 DVM Air Source.
AirStage Air Source.
Section 2—Basic Model Identification
ECO-i air source multi-split VRF
products are planned for introduction to
the United States market during the first
quarter of 2007. As shown below, Table
2 provides a listing of ECO-i outdoor
units incorporating inverter driven
variable speed compressors. A listing of
ECO-i heat pump indoor units
applicable to this Petition for Waiver
and Application for Interim Waiver is
provided after Table 2 in the section
shown as ‘‘ECO-i Indoor Model
Identification’’.
TABLE 2.—ECO–I OUTDOOR MODEL IDENTIFICATION
Nominal capacity
Model No.
Type
Cooling
38,200
52,900
95,500
95,500
42,700
60,000
107,500
107,500
CHDX14053 ..............................
CHDZ14053 ..............................
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CHX03652 ................................
CHX06052 ................................
CHDX09053 ..............................
CHDZ09053 ..............................
153,600
153,600
170,600
170,600
ECO-i Indoor Model Identification
All indoor units are specifically
designed for use with Sanyo’s ECO-i
Variable Refrigerant Flow outdoor units.
Indoor units are available in capacities
ranging from 7,500 BTU/hr to 54,600
BTU/hr, with even more capacities to be
introduced in the future. All indoor
units operate on a 208–230 volt single
phase power supply and the proprietary
control system of Sanyo. The specific
family and capacity range of indoor
units is as follows:
• AHX**52 Series; Ceiling Cassette, 1
Way Air Discharge, 7,500/9,600/12,000
BTU/hr nominal capacities.
• DHX**52 Series; Concealed Ducted,
Medium External Static, 36,000/47,800
BTU/hr nominal capacities.
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Phase
Voltage
Heating
Heat Pump ................................
Heat Pump ................................
Heat Pump ................................
Heat Recovery (Simultaneous
heating/cooling).
Heat Pump ................................
Heat Recovery (Simultaneous
heating/cooling).
• FHX**52 Series; Exposed Floor
Standing, 7,500/9,600/12,000/19,000/
25,000 BTU/hr nominal capacities.
• FMHX**52 Series; Concealed Floor
Standing, 7,500/9,600/12,000/19,000/
25,000 BTU/hr nominal capacities.
• KHX**52 Series; Wall Mounted,
7,500/9,600/12,000/19,000/25,000 BTU/
hr nominal capacities.
• LHX**52 Series; Ceiling Mount
Slim Design 1 Way Air Discharge,
12,000/19,000/25,000 BTU/hr nominal
capacities.
• SHX**52 Series; Ceiling Cassette, 2
Way Air Discharge, 7,500/9,600/12,000/
19,000/25,000/36,000/47,800 BTU/hr
nominal capacities.
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Connectable
indoor units
1
1
3
3
208–230
208–230
208–230
208–230
6
9
16
16
3
3
208–230
208–230
28
28
• THX**52 Series; Ceiling
Suspended, 12,000/19,000/25,000 BTU/
hr nominal capacities.
• UHX**52 Series; Concealed
Ducted, Low External Static, 7,500/
9,600/12,000/19,000/25,000/36,000
BTU/hr nominal capacities.
• UMHX**52 Series; Concealed Slim
Ducted, Low External Static, 7,500/
9,600/12,000/19,000/25,000 BTU/hr
nominal capacities.
• XHX**52 Series; Ceiling Cassette, 4
Way Air Discharge, 12,000/19,000/
25,000/36,000 BTU/hr nominal
capacities.
• XMHX**52 Series; Mini Ceiling
Cassette, 4 Way Air Discharge, 7,500/
9,600/12,000/19,000/25,000 BTU/hr
nominal capacities.
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Section 3—Design Characteristics
Constituting the Grounds for Petition
ECO-i VRF products enable the
connection of multiple indoor units to
a single outdoor unit. The outdoor unit
is capable of part load operation by
varying refrigerant flow through the use
of inverter driven variable speed
compressor technology. This results in
the outdoor units operating capacity
closely matching the actual indoor load.
The ECO-i product line is designed to
optimize overall system performance
and efficiency when operating at part
load which significantly decreases
energy usage.
Each indoor unit of the ECO-i system
may have an individual remote
controller that allows the occupant to
adjust their temperature independently
of the set temperature of other indoor
units connected to the same outdoor
unit. Some of the indoor units may be
set to the ‘‘off’’ mode which increases
energy savings even further when
heating or cooling is not required.
The variable speed compressor is
capable of reducing its capacity to
approximately 7,000 BTU/hr. When this
variable speed compressor is coupled
with another high performance single
speed compressor(s) of similar size in
the same outdoor unit a truly
remarkable minimum capacity of as
little as 7% of the rated system capacity
could be achieved resulting in
significant energy savings when only a
small amount of heating or cooling is
required.
Multi-split VRF technology that is
incorporated in the ECO-i system allows
up to 130% of indoor unit capacity to
the rated capacity of the outdoor unit.
VRF technology allows this mis-match
of indoor to outdoor capacity to save
energy while still meeting the HVAC
requirements of the building.
ECO-i series ‘‘CHDZ’’ outdoor units go
one step further by allowing the
consumer to operate both heating and
cooling simultaneously. In the
simultaneous mode, heat is actually
being removed from the ‘‘cooling zones’’
and deposited in the ‘‘heating zones’’
via the system’s heat recovery ability.
Although there is no approved or
existing DOE, ARI or ASHRAE method
to recognize the systems performance
during simultaneous operation, it is
certainly reasonable to believe that
system efficiency is increased. This
increase in efficiency occurs because
some indoor units within the building
are acting as condensers while other
indoor units are acting as evaporators at
the same time. This means that heat is
transferred within the building rather
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than being wasted to the outdoor
environment.
Multi-split VRF technology will help
our nation to reduce the amount of
energy needed to heat and cool our
buildings. Sanyo is pleased to introduce
this technology to not only improve the
control that the end user has over their
environment but also to help with our
nation’s desire to reduce overall energy
usage.
Section 4—Specific Requirements
Sought to be Waived
Sanyo Petitions Waiver from the Test
Procedures for all ECO-i Series outdoor
units along with their matching indoor
units. Due to the wide capacity ratings
available for the ECO-i outdoor units, a
waiver is sought from the testing
procedures outlined in ARI 210/240 and
ARI 340/360 as identified below:
• For Sanyo outdoor units with
model numbers of CHX03652 and
CHX06052 (and all listed indoor units)
we seek Waiver from Test Procedures as
outlined in ARI Standard 210/240–2006
(Performance Rating of Unitary Air
Conditioning and Air Source Heat Pump
Equipment). This rating and testing
standard applies to unitary air
conditioners and unitary air source heat
pumps rated with capacities below
65,000 BTU/hr.
• For Sanyo outdoor units with
model numbers of CHDX09053,
CHDZ09053, CHDX14053 and
CHDZ14053 we seek Waiver from Test
Procedures as outlined in ARI Standard
340/360–2004 (Performance Rating of
Commercial and Industrial Unitary Air
Conditioning and Heat Pump
Equipment). This rating and testing
standard applies to unitary air
conditioners and heat pumps with
capacities ranging from 65,000 to
250,000 BTU/hr.
Regardless of the capacity of ECO-i
products the basic performance,
application and utility of the equipment
remain virtually identical in that they
all utilize VRF multi-split technology.
All ECO-i products utilize the same
indoor units, the same piping and
wiring configurations and the same
control systems regardless of capacity.
The above referenced testing and rating
standards do not address the details
required to select or configure multisplit systems in a testing facility.
SFC takes this opportunity to also
request an Interim Waiver from Test
Procedure for all referenced products.
Section 5—Identity of Manufacturers of
Similar Basic Models
To the best of our knowledge the
following manufacturers either
currently market or previously
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185
marketed, similar VRF products within
the United States.
• Daikin U.S. Corporation
• Fujitsu General America
• LG Electronics U.S.A., Inc.
• Mitsubishi Electric & Electronics
USA, Inc.
• Samsung Electronics Company, Ltd.
Section 6—Alternate Testing
Procedures
There is no alternative testing and
rating procedures for VRF multi-split
products that SFC is aware of which
could adequately represent the
performance or efficiency of this
product. Our company is an active
member of the ARI Ductless Section
Engineering Committee. This committee
is developing a proposed testing and
rating standard for VRF multi-split
products (ARI Standard 1230) with a
goal to eliminate the need for existing
and future waivers for such product.
Section 7—Need for Waiver from Test
Procedure
In previous waiver petitions DOE
noted that VRF multi-split systems
incorporate design characteristics that
virtually eliminate the possibility of
broad testing of this type of technology.
An example of this is provided in
Federal Register/Vol. 69, No. 166/
Friday, August 27, 2004/Notices, page
52662 which contain the following
statements:
‘‘However, the two testing problems
discussed above, (test laboratories cannot test
products with so many indoor units, and
there are too many possible combinations of
indoor and outdoor units to test), do prevent
testing of the basic model according to the
prescribed test procedures.’’
‘‘The Department also consulted with the
National Institute of Standards & Technology
(NIST), who agreed that many VFRZ systems
could not be tested in the laboratory.’’
SFC’s ECO-i product offering is a
multi-split system incorporating such a
diverse amount and configuration of
possible indoor units that are able to be
connected to a single outdoor unit that
it is virtually impossible to test the
performance of this system.
Compounding the difficulty of testing is
the fact that the indoor units are
designed to operate at so many different
external static pressure values. A testing
facility could not manage proper airflow
at several different external state
pressure values to the many indoor
units that would be connected to an
ECO-i outdoor unit.
The challenges associated with
current test procedures (of ARI 210/240
and ARI 340/360) are being addressed
by the ARI Ductless Section Engineering
Committee in hopes of overcoming such
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difficulties while still providing a
means to compare the performance of
the various VRF manufacturers.
Section 8—Application for Interim
Waiver
In accordance with 10 CFR 431.401
(a)(2) SFC takes this opportunity to also
submit an Application for Interim
Waiver of test procedures for our ECOi models listed in Section 2 of this
document and there matching indoor
units. SFC believes that it is likely that
our Petition for Waiver will be granted
based upon, but not limited to, the
following:
• The approvals of similar waiver
requests as identified in Table 1 of
Section 1 of this document.
• Failure to approve our Petition for
Waiver and Application for Interim
Waiver will result in significant
economic hardship due to the following:
Æ It is our intention to introduce our
ECO-i product in the Spring of 2007. A
great deal of company emphasis has
been, and will be, placed on the
introduction of this product, including
show exhibitions (such as AHR, ACCA,
etc.), marketing/advertising campaign,
customer training and other
expenditures of both financial and
human resources. Delaying our entry
into the U.S. market with the ECO-i
product will impede our ability to
compete in this growing market.
Æ A significant portion of our
projected sales revenues are dependent
upon the timely introduction of this
product.
• DOE’s statement:
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‘‘* * * an interim waiver will 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 Assistance
Secretary determines that it would be
desirable for public policy reasons to grant
immediate relief pending a determination for
the Petition for Waiver’’ (Case CAC–009), 70
Fed Reg 9629, at 9630 (Feb 28, 2005 Samsung
Interim Waiver). See 10 CFR
431.201(e)(3)(2005).
• SFC’s ECO-i product line is quite
similar to that of Fujitsu’s VRF system,
Mitsubishi’s City Multi system and
Samsung’s DVM system. Realizing these
similarities, DOE granted an:
Æ Interim waiver to Fujitsu in January
2006 for their AirStage Air Source
product.
Æ Interim waiver to Samsung Air
Conditioning in 2005 for their DVM
System.
Æ Interim waiver to Mitsubishi for
their R–410a City Multi air source
product in March 2006.
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19:07 Dec 31, 2007
Jkt 214001
Æ Petition for Waiver to Mitsubishi
for their R–22 City Multi air source
product in 2004.
• The approval of this waiver and
interim waiver is in the best interest of
our public/and government initiatives to
reduce national energy usage.
It is therefore reasonable for one to
believe that SFC’s petition will also be
granted.
Section 9—Conclusion
It is clear that without the approval of
this Petition for Waiver and Application
for Interim Waiver that SFC will result
in our inability to compete in the United
States VRF market, a market in which
our company has proven success in
many other countries throughout the
world. We are pleased to have an
opportunity to bring this leading edge
technology to the United States market,
to not only improve the comfort of
Americans, but also to reduce the
amount of energy consumed on building
cooling and heating.
SFC respectfully requests the
Department of Energy to grant our
Application for Interim Waiver and our
Petition for Waiver from Test Procedure
to enable our introduction of our
advanced ECO-i products to the U.S.
market. Granting these requested
waivers will permit us to effectively
compete in the marketplace.
Due to our near term introduction of
our ECO-i product offering we would
greatly appreciate a timely response to
this Petition for Waiver from Test
Procedure and Application for Interim
Waiver.
Should you or any parties have
questions related to this Petition for
Waiver from Test Procedure and
Application for Interim Waiver, please
contact Gary Nettinger at 678–384–3115
or Davis Watkins at 678–384–3112.
Sincerely,
Davis Watkins, Vice President; Applied
Products Group, Sanyo Fisher
Company, 1690 Roberts Blvd., NW.,
Suite 110, Kennesaw, GA 30144.
[FR Doc. E7–25453 Filed 12–31–07; 8:45 am]
BILLING CODE 6450–01–P
ENVIRONMENTAL PROTECTION
AGENCY
[EPA–HQ–OPP–2002–0262; FRL–8347–2]
Endosulfan Updated Risk
Assessments; Notice of Availability,
and Solicitation of Usage Information;
Extension of Comment Period
Environmental Protection
Agency (EPA).
AGENCY:
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ACTION:
Notice; extension of comment
period.
SUMMARY: EPA issued a notice in the
Federal Register of November 16, 2007
concerning the availability of EPA’s
updated human health and ecological
effects risk assessments for the
organochlorine pesticide endosulfan,
based in part on data recently submitted
by endosulfan registrants as required in
the 2002 Reregistration Eligibility
Decision (RED). The Agency is seeking
comment on these updated assessments,
as well as EPA’s analysis of endosulfan
usage information since the 2002 RED
and its preliminary determinations
regarding endosulfan’s importance to
growers and availability of alternatives.
This document is extending the
comment period from January 16, 2008,
to February 19, 2008.
DATES: Comments, identified by docket
identification (ID) number EPA–HQ–
OPP–2002–0262 must be received on or
before February 19, 2008.
ADDRESSES: Follow the detailed
instructions as provided under
ADDRESSES in the Federal Register
document of November 16, 2007.
FOR FURTHER INFORMATION CONTACT:
Tracy L. Perry, Special Review and
Reregistration Division (7508P), Office
of Pesticide Programs, Environmental
Protection Agency, 1200 Pennsylvania
Ave., NW., Washington, DC 20460–
0001; telephone number: (703) 308–
0128; e-mail address:
perry.tracy@epa.gov.
SUPPLEMENTARY INFORMATION:
I. General Information
A. Does this Action Apply to Me?
The Agency included in the notice a
list of those who may be potentially
affected by this action. If you have
questions regarding the applicability of
this action to a particular entity, consult
the person listed under FOR FURTHER
INFORMATION CONTACT.
B. What Should I Consider as I Prepare
My Comments for EPA?
When preparing comments follow the
procedures and suggestions given in
Unit I.B. of the SUPPLEMENTARY
INFORMATION of the November 16, 2007
Federal Register document.
C. How and to Whom Do I Submit
Comments?
To submit comments, or access the
public docket, please follow the detailed
instructions as provided in Unit I.B. of
the SUPPLEMENTARY INFORMATION of the
November 16, 2007 Federal Register
document. If you have questions,
E:\FR\FM\02JAN1.SGM
02JAN1
]]>Agencies
[Federal Register Volume 73, Number 1 (Wednesday, January 2, 2008)]
[Notices]
[Pages 179-186]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-25453]
=======================================================================
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DEPARTMENT OF ENERGY
Office of Energy Efficiency and Renewable Energy
Energy Conservation Program for Consumer Products: Publication of
the Petition for Waiver From Sanyo Fisher Company and Granting of the
Application for Interim Waiver From the Department of Energy
Residential and Commercial Central Air Conditioner and Heat Pump Test
Procedures [Case No. CAC-017]
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.
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SUMMARY: This notice announces receipt of and publishes a Petition for
Waiver from Sanyo Fisher Company, (Sanyo). The Petition for Waiver
(hereafter ``Sanyo Petition'') requests a waiver of the Department of
Energy (DOE) test procedures applicable to residential and commercial
central air conditioners and heat pumps. The waiver request is specific
to the Sanyo Variable Refrigerant Flow (VRF) ECO-i multi-split heat
pumps and heat recovery systems. Through this document, DOE
[[Page 180]]
is: (1) Soliciting comments, data, and information with respect to the
Sanyo Petition; and (2) granting an Interim Waiver to Sanyo from the
DOE test procedures for residential and commercial central air
conditioners and heat pumps.
DATES: DOE will accept comments, data, and information with respect to
the Sanyo Petition until, but no later than February 1, 2008.
ADDRESSES: You may submit comments, identified by case number [CAC-
017], 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-017], and/or ``Sanyo Petition'' in the subject line of
the message.
Mail: Ms. Brenda Edwards-Jones, U.S. Department of Energy,
Building Technologies Program, Mailstop EE-2J, Forrestal Building, 1000
Independence Avenue, SW., Washington, DC 20585-0121. Telephone: (202)
586-2945. Please submit one signed original paper copy.
Hand Delivery/Courier: Ms. Brenda Edwards-Jones, U.S.
Department of Energy, Building Technologies Program, 950 L'Enfant
Plaza, SW., 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) and 10
CFR 431.401(d). The contact information for the petitioner is: Mr.
Davis Watkins, Vice President, Applied Products Group, Sanyo Fisher
Company, 1690 Roberts Blvd., NW., Suite 110, Kennesaw, GA 30144.
Telephone: (678) 384-3112. E-mail: dwatkins@sss.sanyo.com.
According to 10 CFR 1004.11, any person submitting information that
he or she believes to be confidential and exempt by law from public
disclosure should submit two copies: One copy of the document including
all the information believed to be confidential, and one copy of the
document with the information believed to be confidential deleted. DOE
will make its own determination about the confidential status of the
information and treat it according to its determination.
Docket: For access to the docket to review the documents relevant
to this matter, you may visit the U.S. Department of Energy, 950
L'Enfant Plaza (Resource Room of the Building Technologies Program),
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 (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. Telephone: (202) 586-9611. E-mail:
Michael.Raymond@ee.doe.gov.
Ms. Francine Pinto or Mr. Eric Stas, U.S. Department of Energy,
Office of the General Counsel, Mail Stop GC-72, Forrestal Building,
1000 Independence Avenue, SW., Washington, DC 20585-0103. Telephone:
(202) 586-9507. E-mail: Francine.Pinto@hq.doe.gov or
Eric.Stas@hq.doe.gov.
SUPPLEMENTARY INFORMATION:
Table of Contents
I. Background and Authority
II. Petition for Waiver
III. Application for Interim Waiver
IV. Alternate Test Procedure
V. Summary and Request for Comments
I. Background and Authority
Title III of the Energy Policy and Conservation Act (EPCA) sets
forth a variety of provisions concerning energy efficiency. Part B of
Title III establishes the ``Energy Conservation Program for Consumer
Products Other Than Automobiles.'' (42 U.S.C. 6291-6309) Similar to the
Program in Part B, Part C of Title III provides for an energy
efficiency program titled ``Certain Industrial Equipment,'' which
includes commercial air conditioning and heating equipment, package
boilers, water heaters, and other types of commercial equipment. (42
U.S.C. 6311-6317)
This notice involves residential products under Part B, as well as
commercial equipment under Part C. Under both parts, the statute
specifically includes definitions, test procedures, labeling
provisions, energy conservation standards, and the authority to require
information and reports from manufacturers. (42 U.S.C. 6291-6296; 6311-
6316) With respect to test procedures, both parts authorize 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);
6314(a)(2))
Relevant to the current Petition for Waiver, the test procedure for
residential central air conditioning and heat pump products is set
forth in 10 CFR Part 430, Subpart B, Appendix M. For commercial package
air conditioning and heating equipment, EPCA provides that ``the test
procedures shall be those generally accepted industry testing
procedures or rating procedures developed or recognized by the Air-
Conditioning and Refrigeration Institute [ARI] or by the American
Society of Heating, Refrigerating and Air-Conditioning Engineers
[ASHRAE], as referenced in ASHRAE/IES [Illuminating Engineering Society
of North America] Standard 90.1 and in effect on June 30, 1992.'' (42
U.S.C. 6314(a)(4)(A)) Under 42 U.S.C. 6314(a)(4)(B), the statute
further directs the Secretary to amend the test procedure for a covered
commercial product if the industry test procedure is amended, unless
the Secretary determines that such a modified test procedure does not
meet the statutory criteria set forth in 42 U.S.C. 6314(a)(2) and (3).
On December 8, 2006, DOE published a final rule in the Federal
Register 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 British
thermal units per hour (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. Pursuant
[[Page 181]]
to this rulemaking, DOE's regulations at 10 CFR 431.95(b)(2)
incorporate by reference the relevant ARI standards, and DOE's
regulations at 10 CFR 431.96 direct manufacturers of commercial package
air conditioning and heating equipment to use the appropriate procedure
when measuring energy efficiency of those products. (The cooling
capacities of Sanyo's ECO-i VFR commercial and residential multi-split
products respectively fall in the ranges covered by ARI Standard 340/
360-2004 and the DOE test procedure for residential products referred
to above.)
DOE's regulations contain provisions allowing a person to seek a
waiver from the test procedure requirements for covered consumer
products, if the petitioner's basic model contains one or more design
characteristics that prevent testing according to the prescribed test
procedures, or if the test procedures may evaluate the basic product in
a manner so unrepresentative of its true energy consumption as to
provide materially inaccurate comparative data. 10 CFR 430.27(a)(1).
The waiver provisions for commercial equipment are substantively
identical to those for covered consumer products and are found at 10
CFR 431.401(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); 10
CFR 431.401(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); 10 CFR 431.401(f)(4). Waivers generally
remain in effect until the effective date of a final rule which
prescribes amended test procedures appropriate to the model series
manufactured by the petitioner, thereby eliminating any need for the
continuation of the waiver. 10 CFR 430.27(m); 431.401(g).
The waiver process also permits parties submitting a Petition for
Waiver to file an Application for Interim Waiver from the prescribed
test procedure requirements. 10 CFR 430.27(a)(2); 10 CFR 431.401(a)(2).
The Assistant Secretary will grant an Interim Waiver request if it is
determined that the applicant will experience economic hardship if the
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); 10 CFR 431.401(e)(3). An Interim Waiver remains in effect
for a period of 180 days or until DOE issues its determination on the
Petition for Waiver, whichever is sooner, and may be extended for an
additional 180 days, if necessary. 10 CFR 430.27(h); 10 CFR
431.401(e)(4).
II. Petition for Waiver
On February 22, 2007, Sanyo 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 Sanyo's residential ECO-i
multi-split products is the DOE residential test procedure found in 10
CFR Part 430, Subpart B, Appendix M. For Sanyo's commercial ECO-i
multi-split products, the applicable test procedure is ARI 340/360-
2004, because, as discussed in the previous section I above (Background
and Authority), this is the test procedure specified in Tables 1 and 2
to 10 CFR 431.96.
Sanyo seeks a waiver from the DOE test procedures for this product
class on the grounds that its ECO-i multi-split heat pump and heat
recovery systems contain design characteristics that prevent testing
according to the current DOE test procedures. Specifically, Sanyo
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 &
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, Sanyo states that its ECO-i product offering is a multi-
split system incorporating a diverse amount and configuration of indoor
units for connection to a single outdoor unit, and that it is
impractical to test the performance of each system under the current
DOE test procedure. The number of connectable indoor units for each
outdoor unit ranges from 6 to 28. Furthermore, the indoor units are
designed to operate at many different external static pressure values,
which compounds the difficulty of testing. A testing facility could not
manage proper airflow at several different external static pressure
values for the many indoor units that would be connected to an ECO-i
outdoor unit.
Accordingly, Sanyo requests that DOE grant a test procedure waiver
for its ECO-i product designs, until a suitable test method can be
prescribed. Furthermore, Sanyo states that failure to grant the waiver
would result in economic hardship because it would prevent the company
from marketing its ECO-i products. Also, Sanyo 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 February 22, 2007, in addition to its Petition for Waiver, Sanyo
also submitted an Application for Interim Waiver to DOE. Sanyo's
Application for Interim Waiver does not provide sufficient information
to evaluate the level of economic hardship Sanyo 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, Samsung, and Daikin for
comparable residential and commercial multi-split air conditioners and
heat pumps. 70 FR 5980 (Feb. 4, 2005); 70 FR 9629 (Feb. 28, 2005); 72
FR 53237 (Sept. 18, 2007), respectively.
Moreover, 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
principal reasons for granting these waivers also apply to Sanyo's VRV-
II-S products: (1) Test laboratories cannot test products with so many
indoor units \1\; and (2) it is impractical to test so many
combinations of indoor units with each outdoor unit. Thus, DOE has
determined that it is likely that Sanyo's Petition for Waiver will be
granted for its new ECO-i multi-split models. Therefore, it is ordered
that:
---------------------------------------------------------------------------
\1\ According to the Sanyo petition, up to 28 indoor units are
possible candidates for testing of its residential and 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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The Application for Interim Waiver filed by Sanyo is hereby granted
for Sanyo's ECO-i multi-split central air conditioners and central air-
conditioning heat pumps, subject to the specifications and conditions
below.
[[Page 182]]
The Interim Waiver applies to the following models:
1. Sanyo shall not be required to test or rate its ECO-i
residential products on the basis of the currently applicable test
procedure, which is set forth in 10 CFR 430, Subpart B, Appendix M.
Sanyo shall not be required to test or rate its ECO-i commercial
products on the basis of the currently applicable test procedure, which
is set forth in ARI Standard 340/360-2004.
2. Sanyo shall be required to test and rate its ECO-i products
according to the alternate test procedure as set forth below in section
IV(3), ``Alternate test procedure.''
Outdoor units:
ECO-i Outdoor Model Identification
--------------------------------------------------------------------------------------------------------------------------------------------------------
Nominal Capacity
Model -------------------------------- Type Phase Voltage Connectable
Cooling Heating Indoor Units
--------------------------------------------------------------------------------------------------------------------------------------------------------
CHX3652...................................... 38,200 42,700 Heat Pump....................... 1 208-230 6
CHX06052..................................... 52,900 60,000 Heat Pump....................... 1 208-230 9
CHDX09053.................................... 95,500 107,500 Heat Pump....................... 3 208-230 16
CHDZ09053.................................... 95,500 107,500 Heat Recovery (Simultaneous 3 208-230 16
heating/cooling).
CHDX14053.................................... 153,600 170,600 Heat Pump....................... 3 208-230 28
CHDZ14053.................................... 153,600 170,600 Heat Recovery (Simultaneous 3 208-230 28
heating/cooling).
--------------------------------------------------------------------------------------------------------------------------------------------------------
Indoor units:
AHX**52 Series; Ceiling Cassette, 1 Way Air Discharge,
7,500/9,600/12,000 BTU/hr nominal capacities.
DHX**52 Series; Concealed Ducted, Medium External Static,
36,000/47,800 BTU/hr nominal capacities.
FHX**52 Series; Exposed Floor Standing, 7,500/9,600/
12,000/19,000/25,000 BTU/hr nominal capacities.
FMHX**52 Series; Concealed Floor Standing, 7,500/9,600/
12,000/19,000/25,000 BTU/hr nominal capacities.
KHX**52 Series; Wall Mounted, 7,500/9,600/12,000/19,000/
25,000 BTU/hr nominal capacities.
LHX**52 Series; Ceiling Mount Slim Design 1 Way Air
Discharge, 12,000/19,000/25,000 BTU/hr nominal capacities.
SHX**52 Series; Ceiling Cassette, 2 Way Air Discharge,
7,500/9,600/12,000/19,000/25,000/36,000/47,800 BTU/hr nominal
capacities.
THX**52 Series; Ceiling Suspended, 12,000/19,000/25,000
BTU/hr nominal capacities.
UHX**52 Series; Concealed Ducted, Low External Static,
7,500/9,600/12,000/19,000/25,000/36,000 BTU/hr nominal capacities.
UMHX**52 Series; Concealed Slim Ducted, Low External
Static, 7,500/9,600/12,000/19,000/25,000 BTU/hr nominal capacities.
XHX**52 Series; Ceiling Cassette, 4 Way Air Discharge,
12,000/19,000/25,000/36,000 BTU/hr nominal capacities.
XMHX**52 Series, Mini Ceiling Cassette, 4 Way Air
Discharge, 7,500/9,600/12,000/19,000/25,000 BTU/hr nominal capacities.
This Interim Waiver is conditioned upon the presumed validity of
statements, representations, and documentary materials provided by the
petitioner. DOE may revoke or modify this Interim Waiver at any time
upon a determination that the factual basis underlying the Petition for
Waiver is incorrect, or upon a determination that the results from the
alternate test procedure are unrepresentative of the basic models' true
energy consumption characteristics.
IV. Alternate Test Procedure
In response to two recent Petitions for Waiver from Mitsubishi, DOE
specified an alternate test procedure to provide a basis from which
Mitsubishi could test and make valid energy efficiency representations
for its R410A CITY MULTI products, as well as for its R22 multi-split
products. 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 the issue and to work on developing an appropriate testing
protocol for variable refrigerant flow systems. However, to date, no
additional test methodologies have been adopted by the committee or
submitted to DOE.
Therefore, as discussed below, DOE is including an alternate test
procedure as a condition in granting the Interim Waiver for Sanyo's
products, and plans to consider the same alternate test procedure in
the context of the subsequent Decision and Order pertaining to Sanyo's
Petition for Waiver. Utilization of this alternate test procedure will
allow Sanyo to test and make energy efficiency representations for its
ECO-i products. More broadly, DOE has also applied a similar alternate
test procedure to other existing waivers for similar residential and
commercial central air conditioners and heat pumps. Such cases include
Samsung's Decision and Order for its multi-split products at 72 FR
71387 (Dec. 17, 2007), and Fujitsu's Decision and Order for its multi-
split products at 72 FR 71383 (Dec. 17, 2007). As noted above, the
alternate test procedure has been applied to Mitsubishi's Petition for
Waiver for its R410A CITY MULTI and R22 multi-split products. 72 FR
17528 (April 9, 2007).
DOE believes that an alternate test procedure is needed so that
manufacturers of such products can make valid and consistent
representations of energy efficiency for their air-conditioning
products. In the present case, DOE is modifying the alternate test
procedure taken from the above-referenced waiver granted to Mitsubishi
for its R410A CITY MULTI products, and plans to consider inclusion of
the following similar waiver language in the Decision and Order for
Sanyo's ECO-i multi-split air conditioner and heat pump models:
(1) The ``Petition for Waiver'' filed by Sanyo Fisher Company
(Sanyo) is
[[Page 183]]
hereby granted as set forth in the paragraphs below.
(2) Sanyo shall not be required to test or rate its ECO-i variable
refrigerant volume multi-split air conditioner and heat pump products
listed above in section III, on the basis of the current test
procedures, but shall be required to test and rate such products
according to the alternate test procedure as set forth in paragraph
(3).
(3) Alternate test procedure.
(A) Sanyo shall be required to test the products listed in section
III above according to the test procedures for central air conditioners
and heat pumps prescribed by DOE at 10 CFR Parts 430 and 431, except
that:
(i) For products covered by 10 CFR Part 430 (consumer products),
Sanyo 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 largest volume of
retail sales''; and (2) 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, Sanyo 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, Sanyo shall make
representations concerning the ECO-i products covered in this waiver
according to the provisions of subparagraph (C) below.
(ii) For products covered by 10 CFR Part 430 (consumer products),
Sanyo shall be required to comply with 10 CFR Part 430, Subpart B,
Appendix M, as amended by the final rule published in the Federal
Register on October 22, 2007. 72 FR 59906. The test procedure changes
applicable to multi-split products are in 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), Sanyo 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, Sanyo shall make representations concerning the
ECO-i products covered in this waiver according to the provisions of
subparagraph (C) below.
(B) Tested combination means a multi-split system with multiple
indoor coils having the following features:
(1) The basic model of a system used as a tested combination shall
consist of one outdoor unit, with one or more compressors, that is
matched with between 2 and 5 indoor units; for multi-split systems,
each of these indoor units shall be designed for individual operation.
(2) The indoor units shall--
(i) Represent the highest sales model family, or another indoor
model family if the highest sales model family does not provide
sufficient capacity (see ii);
(ii) Together, have a nominal capacity that is between 95% and 105%
of the nominal capacity of the outdoor unit;
(iii) Not, individually, have a capacity that is greater than 50%
of the nominal capacity of the outdoor unit;
(iv) Operate at fan speeds that are consistent with the
manufacturer's specifications; and
(v) All be subject to the same minimum external static pressure
requirement while being configurable to produce the same static
pressure at the exit of each outlet plenum when manifolded as per
section 2.4.1 of 10 CFR Part 430, Subpart B, Appendix M.
(C) Representations. In making representations about the energy
efficiency of its ECO-i variable refrigerant volume multi-split air
conditioner and heat pump products, for compliance, marketing, or other
purposes, Sanyo must fairly disclose the results of testing under the
DOE test procedure, doing so in a manner consistent with the provisions
outlined below:
(i) For ECO-i multi-split combinations tested in accordance with
this alternate test procedure, Sanyo must disclose these test results.
(ii) For ECO-i multi-split combinations that are not tested, Sanyo
must make a disclosure 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; 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 Sanyo's Petition
for Waiver from the test procedures applicable to Sanyo's ECO-i
residential and commercial multi-split air conditioner and heat pump
products, and for the reasons articulated above, DOE is granting Sanyo
an Interim Waiver from those procedures. As part of this notice, DOE is
publishing Sanyo's Petition for Waiver in its entirety. The petition
contains no confidential information. Furthermore, today's notice
includes an alternate test procedure that Sanyo is required to follow
as a condition of its 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 Sanyo could
use in lieu of testing all retail combinations of its ECO-i 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 ARM approved by DOE, or to rate
waived products in the same manner as that for the specified tested
combination. DOE has applied a similar alternate test procedure to
other comparable Petitions for Waiver for residential and commercial
central air conditioners and heat pumps. Such cases include Samsung's
Petition for Waiver for its Digital Variable Multi (DVM) products at 72
FR 71387 (Dec. 17, 2007), and Fujitsu's Petition for Waiver for its
Airstage variable refrigerant flow products at 72 FR 71383 (Dec. 17,
2007).
DOE is interested in receiving comments on the issues addressed in
this notice. Pursuant to 10 CFR 430.27(d) and 10 CFR 431.401(d), any
person submitting written comments must also send a copy of such
comments to the petitioner, whose contact information is included in
the ADDRESSES section above.
Issued in Washington, DC, on December 20, 2007.
Alexander A. Karsner,
Assistant Secretary, Energy Efficiency and Renewable Energy.
February 22, 2007
The Honorable Alexander Karsner, Assistant Secretary for Energy
Efficiency and Renewable Energy, U.S. Department of Energy, 1000
Independence Ave., SW., Washington, DC 20585-0121.
Re: Petition for Waiver of Test Procedure and Application for Interim
Waiver for ECO-I Air Source Heat Pumps and Heat Recovery Products.
Dear Assistant Secretary Karsner, Sanyo Fisher Company (``SFC'') is
most excited with the opportunity to
[[Page 184]]
introduce to the United States HVAC market one of our most successful
products marketed throughout much of the world. We refer to this as our
ECO-i product line. ECO-i incorporates Variable Refrigerant Flow (VRF)
and Multi-Split Zoning characteristics with a highly advanced
integrated control system. We utilize variable speed compressor
technology to provide high efficiency operation and individual zone
control for each indoor unit.
As a result of this product line's unique design and operating
characteristics, it is currently not possible to conduct testing as
defined by ARI Standard 210/240 or ARI Standard 340/360. Therefore, SFC
respectfully submits this Petition for Waiver from Test Procedure and
simultaneously an Application for Interim Waiver of Test Procedure for
our ECO-i product line in accordance with the requirements set forth in
10 CFR 431.401 (1-1-06 Edition).
Section 1--Background
SFC's ECO-i product contains characteristics that prevent testing
of the system using the procedures outlined in ARI 210/240 as well as
ARI 340/360. Simply stated, testing laboratories cannot test products
with so many indoor units connected to a single outdoor unit. There are
also too many possible indoor unit combinations to test them all. As a
result of these issues, SFC seeks a waiver from test procedures until
such time as a permanent or interim method of testing and rating VRF
Multi-Split products is adopted.
The Department of Energy (DOE) has previously granted waivers and/
or interim waivers to other manufacturers of equipment that contain the
same basic design characteristics as that of SFC's ECO-i product line.
Table 1 as shown below provides such detail and verification related to
current and previous waiver requests for similar product.
Table 1.--Waiver Status
----------------------------------------------------------------------------------------------------------------
Manufacturer Petition Interim Product
----------------------------------------------------------------------------------------------------------------
Mitsubishi........................... Granted 8/2004......... ....................... R-22 Air Source Heat
Pump.
Mitsubishi........................... ....................... Granted 3/2006......... R-410a City Multi Air
Source.
Mitsubishi........................... Pending................ Pending................ R-410a City Multi Water
Source.
Samsung.............................. ....................... Granted Early 2005..... R-22 DVM Air Source.
Fujitsu General...................... ....................... Granted Jan 5, 2006.... AirStage Air Source.
----------------------------------------------------------------------------------------------------------------
Section 2--Basic Model Identification
ECO-i air source multi-split VRF products are planned for
introduction to the United States market during the first quarter of
2007. As shown below, Table 2 provides a listing of ECO-i outdoor units
incorporating inverter driven variable speed compressors. A listing of
ECO-i heat pump indoor units applicable to this Petition for Waiver and
Application for Interim Waiver is provided after Table 2 in the section
shown as ``ECO-i Indoor Model Identification''.
Table 2.--ECO-I Outdoor Model Identification
--------------------------------------------------------------------------------------------------------------------------------------------------------
Nominal capacity
Model No. -------------------------------- Type Phase Voltage Connectable
Cooling Heating indoor units
--------------------------------------------------------------------------------------------------------------------------------------------------------
CHX03652..................................... 38,200 42,700 Heat Pump....................... 1 208-230 6
CHX06052..................................... 52,900 60,000 Heat Pump....................... 1 208-230 9
CHDX09053.................................... 95,500 107,500 Heat Pump....................... 3 208-230 16
CHDZ09053.................................... 95,500 107,500 Heat Recovery (Simultaneous 3 208-230 16
heating/cooling).
CHDX14053.................................... 153,600 170,600 Heat Pump....................... 3 208-230 28
CHDZ14053.................................... 153,600 170,600 Heat Recovery (Simultaneous 3 208-230 28
heating/cooling).
--------------------------------------------------------------------------------------------------------------------------------------------------------
ECO-i Indoor Model Identification
All indoor units are specifically designed for use with Sanyo's
ECO-i Variable Refrigerant Flow outdoor units. Indoor units are
available in capacities ranging from 7,500 BTU/hr to 54,600 BTU/hr,
with even more capacities to be introduced in the future. All indoor
units operate on a 208-230 volt single phase power supply and the
proprietary control system of Sanyo. The specific family and capacity
range of indoor units is as follows:
AHX**52 Series; Ceiling Cassette, 1 Way Air Discharge,
7,500/9,600/12,000 BTU/hr nominal capacities.
DHX**52 Series; Concealed Ducted, Medium External Static,
36,000/47,800 BTU/hr nominal capacities.
FHX**52 Series; Exposed Floor Standing, 7,500/9,600/
12,000/19,000/25,000 BTU/hr nominal capacities.
FMHX**52 Series; Concealed Floor Standing, 7,500/9,600/
12,000/19,000/25,000 BTU/hr nominal capacities.
KHX**52 Series; Wall Mounted, 7,500/9,600/12,000/19,000/
25,000 BTU/hr nominal capacities.
LHX**52 Series; Ceiling Mount Slim Design 1 Way Air
Discharge, 12,000/19,000/25,000 BTU/hr nominal capacities.
SHX**52 Series; Ceiling Cassette, 2 Way Air Discharge,
7,500/9,600/12,000/19,000/25,000/36,000/47,800 BTU/hr nominal
capacities.
THX**52 Series; Ceiling Suspended, 12,000/19,000/25,000
BTU/hr nominal capacities.
UHX**52 Series; Concealed Ducted, Low External Static,
7,500/9,600/12,000/19,000/25,000/36,000 BTU/hr nominal capacities.
UMHX**52 Series; Concealed Slim Ducted, Low External
Static, 7,500/9,600/12,000/19,000/25,000 BTU/hr nominal capacities.
XHX**52 Series; Ceiling Cassette, 4 Way Air Discharge,
12,000/19,000/25,000/36,000 BTU/hr nominal capacities.
XMHX**52 Series; Mini Ceiling Cassette, 4 Way Air
Discharge, 7,500/9,600/12,000/19,000/25,000 BTU/hr nominal capacities.
[[Page 185]]
Section 3--Design Characteristics Constituting the Grounds for Petition
ECO-i VRF products enable the connection of multiple indoor units
to a single outdoor unit. The outdoor unit is capable of part load
operation by varying refrigerant flow through the use of inverter
driven variable speed compressor technology. This results in the
outdoor units operating capacity closely matching the actual indoor
load. The ECO-i product line is designed to optimize overall system
performance and efficiency when operating at part load which
significantly decreases energy usage.
Each indoor unit of the ECO-i system may have an individual remote
controller that allows the occupant to adjust their temperature
independently of the set temperature of other indoor units connected to
the same outdoor unit. Some of the indoor units may be set to the
``off'' mode which increases energy savings even further when heating
or cooling is not required.
The variable speed compressor is capable of reducing its capacity
to approximately 7,000 BTU/hr. When this variable speed compressor is
coupled with another high performance single speed compressor(s) of
similar size in the same outdoor unit a truly remarkable minimum
capacity of as little as 7% of the rated system capacity could be
achieved resulting in significant energy savings when only a small
amount of heating or cooling is required.
Multi-split VRF technology that is incorporated in the ECO-i system
allows up to 130% of indoor unit capacity to the rated capacity of the
outdoor unit. VRF technology allows this mis-match of indoor to outdoor
capacity to save energy while still meeting the HVAC requirements of
the building.
ECO-i series ``CHDZ'' outdoor units go one step further by allowing
the consumer to operate both heating and cooling simultaneously. In the
simultaneous mode, heat is actually being removed from the ``cooling
zones'' and deposited in the ``heating zones'' via the system's heat
recovery ability. Although there is no approved or existing DOE, ARI or
ASHRAE method to recognize the systems performance during simultaneous
operation, it is certainly reasonable to believe that system efficiency
is increased. This increase in efficiency occurs because some indoor
units within the building are acting as condensers while other indoor
units are acting as evaporators at the same time. This means that heat
is transferred within the building rather than being wasted to the
outdoor environment.
Multi-split VRF technology will help our nation to reduce the
amount of energy needed to heat and cool our buildings. Sanyo is
pleased to introduce this technology to not only improve the control
that the end user has over their environment but also to help with our
nation's desire to reduce overall energy usage.
Section 4--Specific Requirements Sought to be Waived
Sanyo Petitions Waiver from the Test Procedures for all ECO-i
Series outdoor units along with their matching indoor units. Due to the
wide capacity ratings available for the ECO-i outdoor units, a waiver
is sought from the testing procedures outlined in ARI 210/240 and ARI
340/360 as identified below:
For Sanyo outdoor units with model numbers of CHX03652 and
CHX06052 (and all listed indoor units) we seek Waiver from Test
Procedures as outlined in ARI Standard 210/240-2006 (Performance Rating
of Unitary Air Conditioning and Air Source Heat Pump Equipment). This
rating and testing standard applies to unitary air conditioners and
unitary air source heat pumps rated with capacities below 65,000 BTU/
hr.
For Sanyo outdoor units with model numbers of CHDX09053,
CHDZ09053, CHDX14053 and CHDZ14053 we seek Waiver from Test Procedures
as outlined in ARI Standard 340/360-2004 (Performance Rating of
Commercial and Industrial Unitary Air Conditioning and Heat Pump
Equipment). This rating and testing standard applies to unitary air
conditioners and heat pumps with capacities ranging from 65,000 to
250,000 BTU/hr.
Regardless of the capacity of ECO-i products the basic performance,
application and utility of the equipment remain virtually identical in
that they all utilize VRF multi-split technology. All ECO-i products
utilize the same indoor units, the same piping and wiring
configurations and the same control systems regardless of capacity. The
above referenced testing and rating standards do not address the
details required to select or configure multi-split systems in a
testing facility.
SFC takes this opportunity to also request an Interim Waiver from
Test Procedure for all referenced products.
Section 5--Identity of Manufacturers of Similar Basic Models
To the best of our knowledge the following manufacturers either
currently market or previously marketed, similar VRF products within
the United States.
Daikin U.S. Corporation
Fujitsu General America
LG Electronics U.S.A., Inc.
Mitsubishi Electric & Electronics USA, Inc.
Samsung Electronics Company, Ltd.
Section 6--Alternate Testing Procedures
There is no alternative testing and rating procedures for VRF
multi-split products that SFC is aware of which could adequately
represent the performance or efficiency of this product. Our company is
an active member of the ARI Ductless Section Engineering Committee.
This committee is developing a proposed testing and rating standard for
VRF multi-split products (ARI Standard 1230) with a goal to eliminate
the need for existing and future waivers for such product.
Section 7--Need for Waiver from Test Procedure
In previous waiver petitions DOE noted that VRF multi-split systems
incorporate design characteristics that virtually eliminate the
possibility of broad testing of this type of technology. An example of
this is provided in Federal Register/Vol. 69, No. 166/Friday, August
27, 2004/Notices, page 52662 which contain the following statements:
``However, the two testing problems discussed above, (test
laboratories cannot test products with so many indoor units, and
there are too many possible combinations of indoor and outdoor units
to test), do prevent testing of the basic model according to the
prescribed test procedures.''
``The Department also consulted with the National Institute of
Standards & Technology (NIST), who agreed that many VFRZ systems
could not be tested in the laboratory.''
SFC's ECO-i product offering is a multi-split system incorporating
such a diverse amount and configuration of possible indoor units that
are able to be connected to a single outdoor unit that it is virtually
impossible to test the performance of this system. Compounding the
difficulty of testing is the fact that the indoor units are designed to
operate at so many different external static pressure values. A testing
facility could not manage proper airflow at several different external
state pressure values to the many indoor units that would be connected
to an ECO-i outdoor unit.
The challenges associated with current test procedures (of ARI 210/
240 and ARI 340/360) are being addressed by the ARI Ductless Section
Engineering Committee in hopes of overcoming such
[[Page 186]]
difficulties while still providing a means to compare the performance
of the various VRF manufacturers.
Section 8--Application for Interim Waiver
In accordance with 10 CFR 431.401 (a)(2) SFC takes this opportunity
to also submit an Application for Interim Waiver of test procedures for
our ECO-i models listed in Section 2 of this document and there
matching indoor units. SFC believes that it is likely that our Petition
for Waiver will be granted based upon, but not limited to, the
following:
The approvals of similar waiver requests as identified in
Table 1 of Section 1 of this document.
Failure to approve our Petition for Waiver and Application
for Interim Waiver will result in significant economic hardship due to
the following:
[cir] It is our intention to introduce our ECO-i product in the
Spring of 2007. A great deal of company emphasis has been, and will be,
placed on the introduction of this product, including show exhibitions
(such as AHR, ACCA, etc.), marketing/advertising campaign, customer
training and other expenditures of both financial and human resources.
Delaying our entry into the U.S. market with the ECO-i product will
impede our ability to compete in this growing market.
[cir] A significant portion of our projected sales revenues are
dependent upon the timely introduction of this product.
DOE's statement:
``* * * an interim waiver will 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 Assistance
Secretary determines that it would be desirable for public policy
reasons to grant immediate relief pending a determination for the
Petition for Waiver'' (Case CAC-009), 70 Fed Reg 9629, at 9630 (Feb
28, 2005 Samsung Interim Waiver). See 10 CFR 431.201(e)(3)(2005).
SFC's ECO-i product line is quite similar to that of
Fujitsu's VRF system, Mitsubishi's City Multi system and Samsung's DVM
system. Realizing these similarities, DOE granted an:
[cir] Interim waiver to Fujitsu in January 2006 for their AirStage
Air Source product.
[cir] Interim waiver to Samsung Air Conditioning in 2005 for their
DVM System.
[cir] Interim waiver to Mitsubishi for their R-410a City Multi air
source product in March 2006.
[cir] Petition for Waiver to Mitsubishi for their R-22 City Multi
air source product in 2004.
The approval of this waiver and interim waiver is in the
best interest of our public/and government initiatives to reduce
national energy usage.
It is therefore reasonable for one to believe that SFC's petition
will also be granted.
Section 9--Conclusion
It is clear that without the approval of this Petition for Waiver
and Application for Interim Waiver that SFC will result in our
inability to compete in the United States VRF market, a market in which
our company has proven success in many other countries throughout the
world. We are pleased to have an opportunity to bring this leading edge
technology to the United States market, to not only improve the comfort
of Americans, but also to reduce the amount of energy consumed on
building cooling and heating.
SFC respectfully requests the Department of Energy to grant our
Application for Interim Waiver and our Petition for Waiver from Test
Procedure to enable our introduction of our advanced ECO-i products to
the U.S. market. Granting these requested waivers will permit us to
effectively compete in the marketplace.
Due to our near term introduction of our ECO-i product offering we
would greatly appreciate a timely response to this Petition for Waiver
from Test Procedure and Application for Interim Waiver.
Should you or any parties have questions related to this Petition
for Waiver from Test Procedure and Application for Interim Waiver,
please contact Gary Nettinger at 678-384-3115 or Davis Watkins at 678-
384-3112.
Sincerely,
Davis Watkins, Vice President; Applied Products Group, Sanyo Fisher
Company, 1690 Roberts Blvd., NW., Suite 110, Kennesaw, GA 30144.
[FR Doc. E7-25453 Filed 12-31-07; 8:45 am]
BILLING CODE 6450-01-P
