Energy Conservation Program for Commercial Equipment: Publication of the Petition for Waiver From Daikin AC (Americas), Inc. and Granting of the Application for Interim Waiver From the Department of Energy Commercial Package Air Conditioner and Heat Pump Test Procedure, 1207-1213 [E8-12]
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Federal Register / Vol. 73, No. 4 / Monday, January 7, 2008 / Notices
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BILLING CODE 3810–FF–P
DEPARTMENT OF ENERGY
Office of Energy Efficiency and
Renewable Energy
[Case No. CAC–019]
Energy Conservation Program for
Commercial Equipment: Publication of
the Petition for Waiver From Daikin AC
(Americas), Inc. and Granting of the
Application for Interim Waiver From
the Department of Energy Commercial
Package Air Conditioner and Heat
Pump Test Procedure
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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AGENCY:
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SUMMARY: This notice announces receipt
of and publishes a Petition for Waiver
from Daikin AC (Americas), Inc.
(Daikin). The Petition for Waiver
(hereafter ‘‘Daikin Petition’’) requests a
waiver of the Department of Energy
(DOE) test procedure applicable to
commercial package air-cooled central
air conditioners and heat pumps. The
waiver request is specific to the Daikin
variable speed and variable refrigerant
volume (VRV–III) (commercial) multisplit heat pumps and heat recovery
systems. Through this document, DOE
is: (1) Soliciting comments, data, and
information with respect to the Daikin
Petition; and (2) announcing our
determination to grant an Interim
Waiver to Daikin from the applicable
DOE test procedure for the subject
commercial air-cooled, multi-split air
conditioners and heat pumps.
DATES: DOE will accept comments, data,
and information with respect to the
Daikin Petition until, but no later than
February 6, 2008.
ADDRESSES: You may submit comments,
identified by case number ‘‘CAC–018,’’
by any of the following methods:
• Federal eRulemaking Portal: https://
www.regulations.gov. Follow the
instructions for submitting comments.
• E-mail:
Michael.Raymond@ee.doe.gov. Include
either the case number [CAC–019], and/
or ‘‘Daikin Petition’’ in the subject line
of the message.
• Mail: Ms. Brenda Edwards-Jones,
U.S. Department of Energy, Building
Technologies Program, Mailstop EE–2J/
1000 Independence Avenue, SW.,
Washington, DC 20585–0121.
Telephone: (202) 586–2945. Please
submit one signed original paper copy.
• Hand Delivery/Courier: Ms. Brenda
Edwards-Jones, U.S. Department of
Energy, Building Technologies Program,
950 L’Enfant Plaza, SW., Suite 600,
Washington, DC 20024. Please submit
one signed original paper copy.
Instructions: All submissions received
must include the agency name and case
number for this proceeding. Submit
electronic comments in WordPerfect,
Microsoft Word, Portable Document
Format (PDF), or text (American
Standard Code for Information
Interchange (ASCII)) file format and
avoid the use of special characters or
any form of encryption. Wherever
possible, include the electronic
signature of the author. Absent an
electronic signature, comments
submitted electronically must be
followed and authenticated by
submitting the signed original paper
document. DOE does not accept
telefacsimiles (faxes).
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Any person submitting written
comments must also send a copy of
such comments to the petitioner,
pursuant to 10 CFR 431.401(d). The
contact information for the petitioner is:
Mr. Russell Tavolacci, Director of
Product Marketing, Daikin AC
(Americas), Inc., 1645 Wallace Drive,
Suite 110, Carrollton, TX 75006.
Telephone: (972) 245–1510. E-mail:
Russell.Tavolacci@daikinac.com.
According to 10 CFR 1004.11, any
person submitting information that he
or she believes to be confidential and
exempt by law from public disclosure
should submit two copies: One copy of
the document including all the
information believed to be confidential,
and one copy of the document with the
information believed to be confidential
deleted. DOE will make its own
determination about the confidential
status of the information and treat it
according to its determination.
Docket: For access to the docket to
review the background documents
relevant to this matter, you may visit the
U.S. Department of Energy, 950 L’Enfant
Plaza, SW., (Resource Room of the
Building Technologies Program),
Washington, DC 20024; (202) 586–2945,
between 9 a.m. and 4 p.m., Monday
through Friday, except Federal holidays.
Available documents include the
following items: (1) This notice; (2)
public comments received; (3) the
Petition for Waiver and Application for
Interim Waiver; and (4) prior DOE
rulemakings regarding similar central
air conditioning and heat pump
equipment. Please call Ms. Brenda
Edwards-Jones at the above telephone
number for additional information
regarding visiting the Resource Room.
FOR FURTHER INFORMATION CONTACT: Dr.
Michael G. Raymond, U.S. Department
of Energy, Building Technologies
Program, Mail Stop EE–2J, Forrestal
Building, 1000 Independence Avenue,
SW., Washington, DC 20585–0121.
Telephone: (202) 586–9611. E-mail:
Michael.Raymond@ee.doe.gov.
Ms. Francine Pinto or Mr. Eric Stas,
U.S. Department of Energy, Office of the
General Counsel, Mail Stop GC–72,
Forrestal Building, 1000 Independence
Avenue, SW., Washington, DC 20585–
0103. Telephone: (202) 586–9507. 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
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I. Background and Authority
Title III of the Energy Policy and
Conservation Act (EPCA) sets forth a
variety of provisions concerning energy
efficiency. Part B of Title III provides for
the ‘‘Energy Conservation Program for
Consumer Products Other Than
Automobiles.’’ (42 U.S.C. 6291–6309)
Part C of Title III provides for an energy
efficiency program entitled ‘‘Certain
Industrial Equipment,’’ which is similar
to the program in Part B, and which
includes commercial air conditioning
and heating equipment, packaged
boilers, water heaters, and other types of
commercial equipment. (42 U.S.C.
6311–6317)
This notice involves commercial
equipment under Part C. Part C
specifically includes definitions (42
U.S.C. 6311), test procedures (42 U.S.C.
6314), labeling provisions (42 U.S.C.
6315), energy conservation standards
(42 U.S.C 6313), and the authority to
require information and reports from
manufacturers (42 U.S.C. 6316). With
respect to test procedures, it generally
authorizes the Secretary of Energy (the
Secretary) to prescribe test procedures
that are reasonably designed to produce
results which reflect energy efficiency,
energy use, and estimated annual
operating costs, and that are not unduly
burdensome to conduct. (42 U.S.C.
6314(a)(2))
For commercial package airconditioning and heating equipment,
EPCA provides that ‘‘the test procedures
shall be those generally accepted
industry testing procedures or rating
procedures developed or recognized by
the Air-Conditioning and Refrigeration
Institute [ARI] or by the American
Society of Heating, Refrigerating and
Air-Conditioning Engineers [ASHRAE],
as referenced in ASHRAE/IES Standard
90.1 and in effect on June 30, 1992.’’ (42
U.S.C. 6314(a)(4)(A)) Under 42 U.S.C.
6314(a)(4)(B), the statute further directs
the Secretary to amend the test
procedure for a covered commercial
product if the industry test procedure is
amended, unless the Secretary
determines that such a modified test
procedure does not meet the statutory
criteria set forth in 42 U.S.C. 6314(a)(2)
and (3).
On December 8, 2006, DOE published
a final rule adopting test procedures for
commercial package air-conditioning
and heating equipment, effective
January 8, 2007. 71 FR 71340. DOE
adopted ARI Standard 340/360–2004,
‘‘Performance Rating of Commercial and
Industrial Unitary Air-Conditioning and
Heat Pump Equipment,’’ for small and
large commercial package air-cooled
heat pumps with capacities ≥65,000
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Btu/h and <760,000 British thermal
units per hour (Btu/h). Id. at 71370.
Pursuant to this rulemaking, DOE’s
regulations at 10 CFR 431.95(b)(2)
incorporate by reference the relevant
ARI Standard, and Table 1 to 10 CFR
431.96 directs manufacturers of
commercial package air-cooled air
conditioning and heating equipment to
use the appropriate procedure when
measuring energy efficiency of those
products. (The cooling capacities of
Daikin’s commercial VRV–III multi-split
heat pump products range from 72,000
Btu/hr to 240,000 Btu/hr, thereby
resulting in these products falling
within the range covered by ARI
Standard 340/360–2004.)
In addition, DOE’s regulations contain
provisions allowing a person to seek a
waiver from the test procedure
requirements for covered commercial
equipment, for which the petitioner’s
basic model contains one or more
design characteristics which prevent
testing according to the prescribed test
procedures, or if the prescribed test
procedures may evaluate the basic
model in a manner so unrepresentative
of its true energy consumption as to
provide materially inaccurate
comparative data. 10 CFR 431.401(a)(1).
The waiver provisions for commercial
equipment are found at 10 CFR 431.401
and are substantively identical to those
for covered consumer products.
Petitioners must include in their
petition any alternate test procedures
known to evaluate the basic model in a
manner representative of its energy
consumption. 10 CFR 431.401(b)(1)(iii).
The Assistant Secretary for Energy
Efficiency and Renewable Energy
(Assistant Secretary) may grant a waiver
subject to conditions, including
adherence to alternate test procedures.
10 CFR 431.401(f)(4). In general, a
waiver terminates on the effective date
of a final rule, published in the Federal
Register, which prescribes amended test
procedures appropriate to the model
series manufactured by the petitioner,
thereby eliminating any need for the
continuation of the waiver. 10 CFR
431.401(g).
The waiver process also allows any
person who has submitted a Petition for
Waiver to file an Application for Interim
Waiver of the applicable test procedure
requirements. 10 CFR 431.401(a)(2). The
Assistant Secretary will grant an Interim
Waiver request if it is determined that
the applicant will experience economic
hardship if the Application for Interim
Waiver is denied, if it appears likely
that the Petition for Waiver will be
granted, and/or the Assistant Secretary
determines that it would be desirable for
public policy reasons to grant
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immediate relief pending a
determination on the Petition for
Waiver. 10 CFR 431.401(e)(3). An
Interim Waiver remains in effect for a
period of 180 days or until DOE issues
its determination on the Petition for
Waiver, whichever occurs first, and it
may be extended by DOE for an
additional 180 days, if necessary. 10
CFR 431.401(e)(4).
II. Petition for Waiver
On August 31, 2007, Daikin filed a
Petition for Waiver from the test
procedures at 10 CFR 431.96 which are
applicable to commercial package aircooled heat pumps and an Application
for Interim Waiver. As noted above, the
applicable test procedure for Daikin’s
commercial VRV–III multi-split heat
pumps is ARI Standard 340/360–2004,
which manufacturers are directed to use
pursuant to Table 1 of 10 CFR 431.96.
The capacities of the Daikin VRV–III
multi-split heat pumps range from
72,000 Btu/hr to 240,000 Btu/hr.
Accordingly, the applicable test
procedure for all these sizes is ARI
Standard 340/360–2004.1
Daikin seeks a waiver from the
applicable test procedures under 10 CFR
431.96 on the grounds that its VRV–III
multi-split heat pumps and heat
recovery systems contain design
characteristics that prevent testing
according to the current DOE test
procedures. Specifically, Daikin asserts
that the two primary factors that prevent
testing of multi-split variable speed
products, regardless of manufacturer,
are the same factors stated in the
waivers that DOE granted to Mitsubishi
Electric & Electronics USA, Inc.
(Mitsubishi) for a similar line of
commercial multi-split air-conditioning
systems:
• Testing laboratories cannot test
products with so many indoor units.
• There are too many possible
combinations of indoor and outdoor
units to test.
69 FR 52661 (August 27, 2004); 72 FR
17528 (April 9, 2007); 72 FR 71383
(December 17, 2007); 72 FR 71387
(December 17, 2007).
Further, Daikin states that its VRV–III
indoor units have nine different indoor
static pressure ratings, and the test
procedure does not provide for
operation of indoor units at several
different static pressure ratings during a
single test. The indoor units are
designed to operate at many different
1 Daikin’s Petition mistakenly requested a waiver
from ARI 210/240–2006. The capacities of the
products for which the waiver is requested are not
in the range covered by ARI 210/240. ARI 340/360–
2004 is the test procedure relevant to the Daikin
Petition.
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external static pressure values, which
compounds the difficulty of testing. The
number of connectable indoor units for
each outdoor unit ranges up to 64. A
testing facility could not manage proper
airflow at several different external
static pressure values to the many
indoor units that would be connected to
a VRV–III outdoor unit. Daikin further
states that its VRV–III products’
capability to perform simultaneous
heating and cooling is not captured by
the DOE test procedure. This is true, but
not relevant. DOE is required by EPCA
to use the full-load descriptor EER for
these products, and simultaneous
heating and cooling does not occur
when operating at full load.
Accordingly, Daikin requests that
DOE grant a waiver from the applicable
test procedures for its VRV–III product
designs, until a suitable test method can
be prescribed. DOE believes that there is
no substantive difference between the
Mitsubishi and Daikin equipment which
would preclude it from granting the
same waiver to both. Furthermore,
Daikin states that failure to grant the
waiver would result in economic
hardship because it would prevent the
company from marketing its VRV–III
products. Also, Daikin states that it is
willing to work closely with DOE, ARI,
and other agencies to develop
appropriate test procedures, as
necessary.
III. Application for Interim Waiver
On August 31, 2007, in addition to its
Petition for Waiver, Daikin submitted to
DOE an Application for Interim Waiver.
Daikin’s Application for Interim Waiver
does not provide sufficient information
to evaluate the level of economic
hardship Daikin will likely experience if
its Application for Interim Waiver is
denied. However, in those instances
where the likely success of the Petition
for Waiver has been demonstrated,
based upon DOE having granted a
waiver for similar product designs, it is
in the public interest to have similar
products tested and rated for energy
consumption on a comparable basis.
DOE has previously granted Interim
Waivers to Mitsubishi, Fujitsu, and
Samsung for comparable commercial
multi-split air conditioners and heat
pumps. 72 FR 17533 (April 9, 2007), 70
FR 5980 (Feb. 4, 2005), 70 FR 9629 (Feb.
28, 2005), respectively.
Moreover, as noted above, DOE
approved the Petition for Waiver from
Mitsubishi, Fujitsu, and Samsung for
their comparable lines of multi-split air
conditioners and heat pumps. 72 FR
17528 (April 9, 2007); 72 FR 71383 (Dec.
17, 2007); 72 FR 71387 (Dec. 17, 2007).
The two principal reasons for granting
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the waivers also apply to Daikin’s VRV–
III products: (1) Test laboratories cannot
test products with so many indoor
units2; and (2) it is impractical to test so
many combinations of indoor units with
each outdoor unit. Thus, DOE has
determined that it is likely that Daikin’s
Petition for Waiver will be granted for
its new VRV–III multi-split models.
Therefore, it is ordered that:
The Application for Interim Waiver
filed by Daikin is hereby granted for
Daikin’s VRV–III air-cooled multi-split
central air conditioning heat pumps,
subject to the specifications and
conditions below. The Interim Waiver
applies to the following models:
1. Daikin shall not be required to test
or rate its VRV–III commercial aircooled multi-split products on the basis
of the currently applicable test
procedure under 10 CFR 431.96, which
incorporates by reference ARI Standard
340/360–2004.
2. Daikin shall be required to test and
rate its VRV–III commercial air-cooled
multi-split products according to the
alternate test procedure as set forth in
section IV(3), ‘‘Alternate test
procedure.’’
VRV–III Series Outdoor Units:
460V/3-phase/60Hz Models:
Æ Heat Pump models RXYQ72PYDN,
RXYQ96PYDN, RXYQ120PYDN,
RXYQ144PYDN, RXYQ168PYDN,
RXYQ192PYDN, RXYQ216PYDN,
RXYQ240PYDN with nominally rated
cooling capacities of 72,000, 96,000,
120,000, 144,000, 168,000, 192,000,
216,000, and 240,000, respectively.
Æ Heat Recovery models
REYQ72PYDN, REYQ96PYDN,
REYQ120PYDN, REYQ144PYDN (2x
REMQ72PYDN), REYQ168PYDN (1x
REMQ96PYDN + 1x REMQ72PYDN),
REYQ192PYDN (1x REMQ120PYDN +
1x REMQ72PYDN), REYQ216PYDN (1x
REMQ120PYDN + 1x REMQ96PYDN),
REYQ240PYDN (2x REMQ120PYDN)
with nominally rated cooling capacities
of 72,000, 96,000, 120,000, 144,000,
168,000, 192,000, 216,000, and 240,000
respectively.
208–230V/3-phase/60Hz Models:
Æ Heat Pump models RXYQ72PTJU,
RXYQ96PTJU, RXYQ120PTJU,
RXYQ144PTJU, RXYQ168PTJU,
RXYQ192PTJU, RXYQ216PTJU,
RXYQ240PTJU with nominally rated
cooling capacities of 72,000, 96,000,
120,000, 144,000, 168,000, 192,000,
216,000, and 240,000 respectively.
2 According to the Daikin petition, up to 64
indoor units are possible candidates for testing of
its commercial package multi-split heat pump and
heat recovery systems. However, DOE believes that
the practical limits for testing would be about five
units.
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1209
Æ Heat Recovery models
REYQ72PTJU, REYQ96PTJU,
REYQ120PTJU, REYQ144PTJU,
REYQ168PTJU (1x REMQ96PTJU + 1x
REMQ72PTJU), REYQ192PTJU (1x
REMQ120PTJU + 1x REMQ72PTJU),
REYQ216PTJU (1x REMQ120PTJU + 1x
REMQ96PTJU), REYQ240PTJU (2x
REMQ120PTJU) with nominally rated
cooling capacities of 72,000, 96,000,
120,000, 144,000, 168,000, 192,000,
216,000, and 240,000 respectively.
Compatible Indoor Units for AboveListed Outdoor Units:
Æ FXAQ Series all mounted indoor
units with nominally rated capacities of
7,500, 9,500, 12,000, 18,000 and 24,000
BTU/Hr.
Æ FXLQ Series floor mounted indoor
units with nominally rated capacities of
7,500, 9,500, 12,000, 18,000 and 24,000
BTU/Hr.
Æ FXNQ Series concealed floor
mounted indoor units with nominally
rated capacities of 7,500, 9,500, 12,000,
18,000 and 24,000 BTU/Hr.
Æ FXDQ Series low static ducted
indoor units with nominally rated
capacities of 7,500, 9,500, 12,000,
18,000 and 24,000 BTU/Hr.
Æ FXSQ Series medium static ducted
indoor units with nominally rated
capacities of 7,500, 9,500, 12,000,
18,000, 24,000, 30,000, 36,000, 48,000,
72,000 and 96,000 BTU/Hr.
Æ FXMQ Series high static ducted
indoor units with nominally rated
capacities of 18,000, 24,000, 30,000,
36,000 48,000, 72,000 and 96,000 BTU/
Hr.
Æ FXZQ Series recessed cassette
indoor units with nominally rated
capacities of 7,500, 9,500, 12,000,
15,000 and 18,000 BTU/Hr.
Æ FXFQ Series recessed cassette
indoor units with nominally rated
capacities of 12,000, 18,000, 24,000,
30,000 and 36,000 BTU/Hr.
Æ FXHQ Series ceiling suspended
indoor units with nominally rated
capacities of 12,000, 24,000 and 36,000
BTU/Hr.
Æ FXOQ Series ceiling suspended
indoor units with nominally rated
capacities of 12,000, 18,000, 24,000,
30,000, 36,000, 42,000 and 48,000 BTU/
Hr.
Æ FXMQ–MF Series concealed ducted
indoor units with nominally rated
capacities of 48,000, 72,000, and 96,000
BTU/Hr.
This Interim Waiver is conditioned
upon the presumed validity of
statements, representations, and
documents provided by the petitioner.
DOE may revoke or modify this Interim
Waiver at any time upon a
determination that the factual basis
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underlying the Petition for Waiver is
incorrect, or upon a determination that
the results from the alternate test
procedure are unrepresentative of the
basic models’ true energy consumption
characteristics.
IV. Alternate Test Procedure
In response to two recent Petitions for
Waiver from Mitsubishi, DOE specified
an alternate test procedure to provide a
basis from which Mitsubishi could test
and make valid energy efficiency
representations for its R410A CITY
MULTI products, as well as for its R22
multi-split products. Alternate test
procedures related to the Mitsubishi
petitions were published in the Federal
Register on April 9, 2007. 72 FR 17528;
72 FR 17533.
In general, DOE understands that
existing testing facilities have a limited
ability to test multiple indoor units at
one time, and the number of possible
combinations of indoor and outdoor
units for some variable refrigerant flow
zoned systems is impractical to test. We
further note that subsequent to the
waiver that DOE granted for
Mitsubishi’s R22 multi-split products,
ARI formed a committee to discuss the
issue and to work on developing an
appropriate testing protocol for variable
refrigerant flow systems. However, to
date, no additional test methodologies
have been adopted by the committee or
submitted to DOE. The ARI committee
has considered a draft ISO methodology,
ISO CD 15042, for multi-split systems.
However, it contains no guidance that
would affect this waiver.
Therefore, as discussed below, DOE is
including a similar alternate test
procedure as a condition in granting the
Interim Waiver for Daikin’s products,
and plans to consider the same alternate
test procedure in the context of the
subsequent Decision and Order
pertaining to Daikin’s Petition for
Waiver. Utilization of this alternate test
procedure will allow Daikin to test and
make energy efficiency representations
for its VRV–III products. More broadly,
DOE is also considering applying a
similar alternate test procedure to other
existing waivers for similar residential
and commercial central air conditioners
and heat pumps. Such cases include
Samsung’s Petition for Waiver for its
multi-split products at 72 FR 71387
(Dec. 17, 2007), and Fujitsu’s Petition
for Waiver for its multi-split products at
72 FR 71383 (Dec. 17, 2007). As noted
above, the alternate test procedure has
been applied to Mitsubishi’s Petition for
Waiver for its R410A CITY MULTI and
R22 and R410A multi-split products. 72
FR 17528 (April 9, 2007). DOE believes
that an alternate test procedure is
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19:05 Jan 04, 2008
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needed so that manufacturers of such
products can make valid and consistent
representations of energy efficiency for
their air-conditioning and heat pump
products.
In the present case, DOE is modifying
the alternate test procedure taken from
the above-referenced waiver granted to
Mitsubishi for its R410A and R22 CITY
MULTI products, and plans to consider
inclusion of the following similar
waiver language in the Decision and
Order for Daikin’s VRV–III commercial
multi-split air-cooled heat pump
models:
(1) The ‘‘Petition for Waiver’’ filed by
Daikin AC (Americas), Inc. is hereby
granted as set forth in the paragraphs
below.
(2) Daikin shall not be required to test
or rate its VRV–III variable refrigerant
volume multi-split heat pump products
listed above in section III, on the basis
of the currently applicable test
procedures, but shall be required to test
and rate such products according to the
alternate test procedure as set forth in
paragraph (3).
(3) Alternate test procedure.
(A) Daikin shall be required to test the
products listed in section III above
according to the test procedures for
central air conditioners and heat pumps
prescribed by DOE at 10 CFR 431.96,
except that Daikin shall test a ‘‘tested
combination’’ selected in accordance
with the provisions of subparagraph (B)
of this paragraph. For every other
system combination using the same
outdoor unit as the tested combination,
Daikin shall make representations
concerning the VRV–III products
covered in this waiver according to the
provisions of subparagraph (C) below.
(B) Tested combination means a
multi-split system with multiple indoor
coils having the following features:
(1) The basic model of a system used
as a tested combination shall consist of
one outdoor unit, with one or more
compressors, that is matched with
between 2 and 5 indoor units; for 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
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(v) All be subject to the same
minimum external static pressure
requirement while being configurable to
produce the same static pressure at the
exit of each outlet plenum when
manifolded as per section 2.4.1 of 10
CFR Part 430, Subpart B, Appendix M.
(C) Representations. In making
representations about the energy
efficiency of its VRV–III variable speed
and variable refrigerant volume aircooled multi-split heat pump and heat
recovery system products, for
compliance, marketing, or other
purposes, Daikin must fairly disclose
the results of testing under the DOE test
procedure, doing so in a manner
consistent with the provisions outlined
below:
(i) For VRV–III combinations tested in
accordance with this alternate test
procedure, Daikin must disclose these
test results.
(ii) For VRV–III combinations that are
not tested, Daikin must make a
disclosure based on the testing results
for the tested combination and which is
consistent with either of the two
following methods, except that only
method (a) may be used, if available:
(a) Representation of non-tested
combinations according to an
Alternative Rating Method (ARM)
approved by DOE; or
(b) Representation of non-tested
combinations at the same energy
efficiency level as the tested
combination with the same outdoor
unit.
V. Summary and Request for Comments
Through today’s notice, DOE
announces receipt of the Daikin Petition
for Waiver from the test procedures
applicable to Daikin’s VRV–III
commercial multi-split heat pump
products, and for the reasons articulated
above, DOE is granting Daikin an
Interim Waiver from those procedures.
As part of this notice, DOE is publishing
Daikin’s Petition for Waiver in its
entirety. The Petition contains no
confidential information. Furthermore,
today’s notice includes an alternate test
procedure that Daikin is required to
follow as a condition of its Interim
Waiver and that DOE is considering
including in its subsequent Decision
and Order. In this alternate test
procedure, DOE is defining a ‘‘tested
combination’’ which Daikin could use
in lieu of testing all retail combinations
of its VRV–III multi-split heat pump
products.
Furthermore, should a subsequent
manufacturer be unable to test all retail
combinations, DOE is considering
allowing such manufacturers to rate
waived products according to an ARM
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approved by DOE, or to rate waived
products the same as the specified
tested combination with the same
outdoor unit. DOE is also considering
applying a similar alternate test
procedure to other comparable Petitions
for Waiver for residential and
commercial central air conditioners and
heat pumps. Such cases include
Samsung’s Petition for Waiver for its
Digital Variable Multi (DVM) products
at 72 FR 71387 (Dec. 17, 2007), and
Fujitsu’s Petition for Waiver for its
Airstage variable refrigerant flow
products at 72 FR 71383 (Dec. 17, 2007).
DOE is interested in receiving
comments on the issues addressed in
this notice. Pursuant to 10 CFR
431.401(d), any person submitting
written comments must also send a
copy of such comments to the
petitioner, whose contact information is
included in the section entitled
ADDRESSES section above.
Issued in Washington, DC, on December
27, 2007.
Alexander A. Karsner,
Assistant Secretary, Energy Efficiency and
Renewable Energy.
August 31, 2007.
Mr. Alexander Karsner,
Assistant Secretary for Energy Efficiency and
Renewable Energy, U.S. Department of
Energy, 1000 Independence Ave, SW.,
Washington, DC 20585–0121.
Re: Petition for Waiver of Test Procedure
Dear Assistant Secretary Karsner: Daikin
AC (Americas) Inc. (DACA) respectfully
petitions the Department of Energy (DOE)
pursuant to 10 CFR. §§ 430.27(a)(1) and
431.401(a)(1) for waivers of the test
procedures applicable to residential and
commercial package air conditioners and
heat pumps, as established in ARI Standard
210/240–2006 and ARI Standard 340/360–
2004,1 for DACA’s variable speed compressor
driven air-cooled multi-split systems for
combinations exceeding two indoor units to
a single outdoor unit. The specific systems
for which DACA requests these waivers are
in DACA’s VRV–III product classes. The
specific models subject to the waiver requests
are listed below. The basis for DACA’s
requests is that the basic model contains
design criteria that prevent testing of the
basic models according to the prescribed test
procedures. We are simultaneously
requesting an interim waiver for the same
systems pursuant to 10 CFR §§ 430.27(a)(2)
and 431.401(a)(2).
pwalker on PROD1PC71 with NOTICES
Particular Basic Models for Which a Waiver
Is Requested
DACA requests a waiver from the test
procedures for the following particular basic
models:
1 Detailed citations to the test procedures for
which DACA is requesting a waiver are included on
page 4 of this petition.
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VRV–III
• VRV III Series Outdoor Units:
460V/3-phase/60Hz Models:
Heat Pump models RXYQ72PYDN,
RXYQ96PYDN, RXYQ120PYDN,
RXYQ144PYDN, RXYQ168PYDN,
RXYQ192PYDN, RXYQ216PYDN,
RXYQ240PYDN with nominally rated
cooling capacities of 72,000, 96,000, 120,000,
144,000, 168,000, 192,000, 216,000, and
240,000, respectively.
Heat Recovery models REYQ72PYDN,
REYQ96PYDN, REYQ120PYDN,
REYQ144PYDN (2x REMQ72PYDN),
REYQ168PYDN (1x REMQ96PYDN + 1x
REMQ72PYDN), REYQ192PYDN (1x
REMQ120PYDN + 1x REMQ72PYDN),
REYQ216PYDN (1x REMQ120PYDN + 1x
REMQ96PYDN), REYQ240PYDN (2x
REMQ120PYDN) with nominally rated
cooling capacities of 72,000, 96,000, 120,000,
144,000, 168,000, 192,000, 216,000, and
240,000, respectively.
208–230V/3-phase/60Hz Models:
Heat Pump models RXYQ72PTJU,
RXYQ96PTJU, RXYQ120PTJU,
RXYQ144PTJU, RXYQ168PTJU,
RXYQ192PTJU, RXYQ216PTJU,
RXYQ240PTJU with nominally rated cooling
capacities of 72,000, 96,000, 120,000,
144,000, 168,000, 192,000, 216,000, and
240,000, respectively.
Heat Recovery models REYQ72PTJU,
REYQ96PTJU, REYQ120PTJU,
REYQ144PTJU, REYQ168PTJU (1x
REMQ96PTJU + 1x REMQ72PTJU),
REYQ192PTJU (1x REMQ120PTJU + 1x
REMQ72PTJU), REYQ216PTJU (1x
REMQ120PTJU + 1x REMQ96PTJU),
REYQ240PTJU (2x REMQ120PTJU) with
nominally rated cooling capacities of 72,000,
96,000, 120,000, 144,000, 168,000, 192,000,
216,000, and 240,000, respectively.
• Compatible Indoor Units for Above Listed
Outdoor Units:
FXAQ Series all mounted indoor units
with nominally rated capacities of 7,500,
9,500, 12,000, 18,000 and 24,000 BTU/Hr.
FXLQ Series floor mounted indoor units
with nominally rated capacities of 7,500,
9,500, 12,000, 18,000 and 24,000 BTU/Hr.
FXNQ Series concealed floor mounted
indoor units with nominally rated capacities
of 7,500, 9,500, 12,000, 18,000 and 24,000
BTU/Hr.
FXDQ Series low static ducted indoor units
with nominally rated capacities of 7,500,
9,500, 12,000, 18,000 and 24,000 BTU/Hr.
FXSQ Series medium static ducted indoor
units with nominally rated capacities of
7,500, 9,500, 12,000, 18,000, 24,000, 30,000,
36,000, 48,000, 72,000 and 96,000 BTU/Hr.
FXMQ Series high static ducted indoor
units with nominally rated capacities of
18,000, 24,000, 30,000, 36,000 48,000, 72,000
and 96,000 BTU/Hr.
FXZQ Series recessed cassette indoor units
with nominally rated capacities of 7,500,
9,500, 12,000, 15,000 and 18,000 BTU/Hr.
FXFQ Series recessed cassette indoor units
with nominally rated capacities of 12,000,
18,000, 24,000, 30,000 and 36,000 BTU/Hr.
FXHQ Series ceiling suspended indoor
units with nominally rated capacities of
12,000, 24,000 and 36,000 BTU/Hr.
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1211
FXOQ Series ceiling suspended indoor
units with nominally rated capacities of
12,000, 18,000, 24,000, 30,000, 36,000,
42,000 and 48,000 BTU/Hr.
FXMQ–MF Series concealed ducted indoor
units with nominally rated capacities of
48,000, 72,000, and 96,000 BTU/Hr.
The indoor units listed above are also
compatible with Daikin’s VRV, VRV–S and
VRV–WII product lines covered in separate
waiver applications.
Design Characteristics Constituting the
Grounds for DACA’s Petition
DACA’s VRV–III product offerings consist
of multiple indoor units being connected to
one or more air-cooled outdoor units. The
indoor units for these products are available
in a very large number of potential
configurations, including but not limited to
the following: 4-Way Cassette, Ceiling
Concealed, Wall Mounted, Ceiling
Suspended, and Floor Standing. Each of
these units has nine different indoor static
pressure ratings as standard, with addition
pressure ratings available. There are over one
million combinations possible with the
DACA VRV–III product offerings. It is
completely impractical for testing
laboratories to test a product such as the
VRV–III with multiple indoor units because
of the astronomical number of potential
system configurations.
DACA’s VRV–III products share many of
the design characteristics and features of
similar equipment for which DOE has
already approved either interim waivers or
waivers, including DACA’s VRV and VRV–S
product lines, and Mitsubishi Electric and
Electronics USA, Inc.’s (MEUS) CITY MULTI
product class.3 The same testing constraints
and limitations apply to all of these products.
The DOE relied on similar rationales to
grant MEUS’ petition for waiver and DACA’s
interim waiver. DOE stated the following in
its August 14, 2006 letter to DACA granting
an interim waiver:
A waiver for a similar type of variable
refrigerant flow zoned central air conditioner
[i.e., similar to the DACA VRV, VRV–S and
VRV–III products] was requested by MEUS.
DOE decided to grant the waiver, based on
the difficulty of testing the products. There
are two major testing problems: (1) test
laboratories cannot test products with so
many indoor units (up to sixteen); and (2)
there are too many possible combinations of
indoor and outdoor units—only a small
fraction of the combinations could be tested.
DOE also noted in its August 14, 2006
interim waiver approval, and in its July 2,
2007 renewal for DACA’s VRV and VRV–S
products that ‘‘[w]aivers for similar products
have already been granted to * * * Samsung,
and Fujitsu General * * *.’’
After reviewing its previously granted
waivers for similar products under the same
rationale in its August 14, 2006 letter, DOE
concluded that DACA’s VRV and VRV–S
systems ‘‘will likely suffer the same testing
3 DOE granted DACA an interim waiver for its
VRV and VRV–S product lines in a letter dated
August 14, 2006, and DOE renewed this interim
waiver on July 2, 2007 (72 FR 35,986). DOE granted
MEUS a waiver for its CITY MULTI VRFZ class of
products. 69 FR 52,660 (August 27, 2004).
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problems that prompted DOE to grant MEUS
a waiver.’’ DOE continued by saying that
‘‘[w]ith up to eleven indoor units of nine
different types, thousands of combinations
are possible, and it would not be practicable
to test so many combinations [of DACA’s
VRV and VRV–S product class].’’ Based on
these conclusions, the DOE proceeded to
grant DACA’s interim waiver request, Id., and
DOE then renewed this interim waiver on the
same basis. 72 FR 35,986 (July 2, 2007).
The DACA VRV–III system operates in the
same configurations as the VRV and VRV–S
models for which DOE previously granted an
interim waiver. The reasons and rationale
that DOE has already articulated to support
the previous DACA, MEUS, Sanyo, and
Fujitsu waivers for multi-split, multi-zoned
air conditioners also apply to the DACA
VRV–III products. Therefore, DOE should
conclude that the design characteristics of
DACA’s VRV–III product classes prevent
testing of these basic models according to the
prescribed test procedures.
pwalker on PROD1PC71 with NOTICES
Specific Testing Requirements Sought To Be
Waived
The test procedures from which DACA is
requesting a waiver are ARI Standards 210/
240–2006 and 340/360–2004. ARI Standard
210/240–2006, which is applicable to small
commercial packaged air conditioning and
heating equipment with a capacity of <65,000
Btu/hr, is referenced in Table 1 to 10 CFR
§ 431.96, and is made applicable to DACA’s
small commercial VRV–III products in 10
CFR § 431.96(a). ARI Standard 340/360–2004,
which is applicable to large commercial and
industrial unitary air conditioning and heat
pump equipment with a capacity of ≥65,000
Btu/hr to <240,000 Btu/hr, is referenced in
Table 2 to 10 CFR § 431.96, and is made
applicable to DACA’s large commercial VRV–
III products in 10 CFR § 431.96(a).
Detailed Discussion of Need for Requested
Waiver
Although the capacity of DACA’s VRV–III
small and large commercial air conditioning
product class are within the scope of ARI
Standard 210/240–2006 and ARI 340/360–
2004, the design characteristics of these
product classes prevent testing of the basic
model according to the prescribed test
procedures. The testing procedures outlined
in these two ARI standards do not provide
for:
• The testing of multi-split products when
all connected indoor units physically cannot
be located in a single room.
• The operation of indoor units at several
different static pressure ratings during a
single test.
• The precise number of part load tests
that ARI Standard 340/360–2004 requires for
fully or infinitely variable speed products.
DACA especially requires the requested
waiver because ARI Standard 210/240–2006
and ARI Standard 340/360–2004 provide no
direction or guidance about how to test
systems with millions of combinations of
indoor units configurable to a single outdoor
unit.
A further reason that DACA needs the
requested waiver is that ARI Standard 210/
240–2006 and ARI Standard 340/360–2004
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19:05 Jan 04, 2008
Jkt 214001
do not provide a test method to measure part
load performance of a system operating in
simultaneous cooling and heating modes
(i.e., performing both heating and cooling
functions at the same time).
Another problem that prevents testing of
the VRV–III product classes under these ARI
standards, and another major reason why
DACA requires the requested waiver, is the
wide variety of indoor unit static pressure
ratings available with these and other multisplit products. Testing facilities cannot
effectively control multiple indoor static
pressures as would be required to test many
of the indoor unit combinations available. To
accomplish such testing, a testing lab would
be required to use a large number of test
rooms simultaneously, and each test room
would have to be networked into the data
recording instrumentation. Also, extensive
piping configurations would need to be
routed throughout the various test rooms.
This process would be extraordinarily
expensive, and the logistical challenges
presented by the testing might be
insurmountable.
Manufacturers of Other Basic Models
Incorporating Similar Design Characteristics
DACA is aware of the following
manufacturers that produce basic models
incorporating similar design characteristics
to the VRV–III in the United States market:
• Fujitsu General
• Sanyo Fisher (USA) Corp.
• Mitsubishi Electric & Electronics USA,
Inc.
Alternative Test Procedures
There are no alternative test procedures
available within the United States to provide
a means to test and to rate the performance
of such variable speed, multi-split, multizone product types. A draft ISO standard
(ISO CD 15042 Multi-Split Systems) is
nearing completion and is expected to soon
be distributed as a Draft International Ballot
for comments. The Engineering Committee of
ARI’s Ductless Section is currently working
on a new draft standard to provide testing
and rating of such systems, but ARI has not
adopted a new standard and test method for
this category of equipment as of this date.
Application for Interim Waiver
DACA also hereby applies pursuant to 10
CFR § 431.401(a)(2) for an interim waiver of
the applicable test procedure requirements
for its VRV–III product class models listed
above. The basis for DACA’s Application for
Interim Waiver follows.
DACA is likely to succeed in its Petition
for Waiver because there is no reasonable
argument that ARI Standards 210/240–2006
and 340/360–2004 can be properly applied to
DACA’s VRV–III product classes. As
explained above in the DACA’s Petition for
Waiver, the design characteristics of the
VRV–III product classes clearly prevent
testing of the basic model according to the
prescribed test procedures. The likelihood of
DOE approving DACA’s Petition for Waiver
is buttressed by the DOE’s history of
approving previous waiver requests from
DACA and from several other manufacturers
for other products that are similar to the
VRV–III product classes, based on the same
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Fmt 4703
Sfmt 4703
rationale put forth by DACA in this Petition
for Waiver. See preceding discussion of
waivers granted by DOE to DACA, MEUS,
Fujitsu General, and Sanyo Fisher (USA)
Corp.
Additionally, DACA is likely to suffer
economic hardship and competitive
disadvantage if DOE does not grant its
interim waiver request. DACA is now
preparing to introduce its VRV, VRV–S and
VRV–III models covered by this petition in a
matter of months. If we must wait for
completion of the normal waiver
consideration and issuance process, DACA
will be forced to delay the opportunity to
begin recouping through product sales its
research, development and production costs
associated with the VRV–III product classes.
DOE approval of DACA’s interim waiver
application is also supported by sound
public policy reasons. As DOE stated in its
August 14, 2006 approval of DACA’s interim
waiver for the VRV and VRV–S product
classes:
[I]n those instances where the likely
success of the Petition for Waiver has been
demonstrated, based upon DOE having
granted a waiver for a similar product design,
it is in the public interest to have similar
products tested and rated for energy
consumption on a comparable basis.
The VRV–III product classes will provide
superior comfort to the end user, will allow
for independent zoning of facilities from a
single outdoor unit, and will incorporate
state of the art technology such as variable
speed compressors utilizing neodymium
magnets to increase efficiency and electronic
control of compressor speed, fan speed and
even metering device opening positions. The
VRV–III product classes will introduce
technologies that will increase system
efficiency and reduce national energy
consumption, and that will also offer a new
level of comfort and control to end users.
DACA requests that DOE grant our
Application for Interim Waiver so we can
bring the new highly energy efficient
technology represented by the VRV–III
product classes to the market as soon as
possible, thereby allowing the U.S. consumer
to benefit from our high technology and high
efficiency product, and from competition for
other manufacturers who may have already
received waivers.
Confidential Information
DACA makes no request to DOE for
confidential treatment of any information
contained in this Petition for Waiver and
Application for Interim Waiver.
Conclusion
Daikin AC (Americas), Inc. Corporation
respectfully requests DOE to grant its Petition
for Waiver of the applicable test procedure to
DACA for the VRV–III product designs, and
to grant its Application for Interim Waiver.
DOE’s failure to issue an interim waiver from
test standards would cause significant
economic hardship and competitive
disadvantage to DACA by preventing DACA
from marketing these products even though
DOE has previously granted a waiver to other
products currently being offered in the
market with similar design characteristics.
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07JAN1
Federal Register / Vol. 73, No. 4 / Monday, January 7, 2008 / Notices
We would be pleased to respond to any
questions you may have regarding this
Petition for Waiver and Application for
Interim Waiver. Please contact Russell
Tavolacci, Assistant Vice President at 972–
245–1510 or by e-mail at
Russell.tavolacci@daikinac.com.
Sincerely,
Yoshinobu Inoue,
President, Daikin AC (Americas), Inc., 1645
Wallace Drive, Suite 110, Carrollton, Texas
75006.
(Submitted in triplicate)
Notice to Affected Persons
The following companies manufacture
domestically marketed units of the same
product type as the VRV–III product types. l
hereby certify that I delivered a copy of this
Petition for Waiver and Application for
Interim Waiver to the persons listed below by
United States First Class Mail, postage
prepaid, on August 31, 2007:
Fujitsu General America, Inc., 353 Route 46
West, Fairfield, NJ 07004, Attn: Arturo
Thur De Koos, Engineering & Technical
Support.
Sanyo Fisher (USA) Corp., 1690 Roberts
Blvd., Suite 110, Kennesaw, GA 30144,
Attn: Gary Nettinger, Vice President,
Technical and Service.
Mitsubishi Electric & Electronics USA, Inc.,
4300 Lawrenceville-Suwanee Road,
Suwanee, GA 30024, Attn: William Rau,
Senior Vice President and General
Manager.
Dated August 31, 2007.
Yoshinobu Inoue,
President, Daikin AC (Americas), Inc., 1645
Wallace Drive, Suite 110, Carrollton, Texas
75006.
[FR Doc. E8–12 Filed 1–4–08; 8:45 am]
BILLING CODE 6450–01–P
DEPARTMENT OF ENERGY
Environmental Management SiteSpecific Advisory Board, Hanford
Department of Energy.
Notice of open meeting.
AGENCY:
pwalker on PROD1PC71 with NOTICES
ACTION:
SUMMARY: This notice announces a
meeting of the Environmental
Management Site-Specific Advisory
Board (EM SSAB), Hanford. The Federal
Advisory Committee Act (Pub. L. No.
92–463, 86 Stat. 770) requires that
public notice of this meeting be
announced in the Federal Register.
DATES: Thursday, February 7, 2008, 9
a.m.–5 p.m; Friday, February 8, 2008,
8:30 a.m.–4 p.m.
ADDRESSES: Columbia Basin College,
Byron Gjerde Center, 2600 North 20th
Avenue, Pasco, Washington 99301,
Phone: (509) 547–0511, Fax: (509) 544–
2023.
FOR FURTHER INFORMATION CONTACT: Erik
Olds, Federal Coordinator, Department
of Energy Richland Operations Office,
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19:05 Jan 04, 2008
Jkt 214001
2440 Stevens Drive, P.O. Box 450, H6–
60, Richland, WA 99352; Phone: (509)
372–8656; or E-mail:
Theodore_E_Erik_Olds@orp.doe.gov.
SUPPLEMENTARY INFORMATION:
Purpose of the Board: The purpose of
the Board is to make recommendations
to DOE in the areas of environmental
restoration, waste management, and
related activities.
Tentative Agenda:
• Discussion on Hanford’s Fiscal Year
2008–2010 Budget.
• Tank Closure and Waste
Management Environmental Impact
Statement.
• Black Rock Environmental Impact
Statement.
• Briefing on the State of the
Columbia River Report.
• Briefing on the Technology Road
Map.
• Discussion on the upcoming EM
SSAB Meeting in Hanford on April 22–
24, 2008.
• Hanford Advisory Board Self
Evaluation.
• Hanford Advisory Board Process
Manua.
• Hanford Advisory Board Budget.
• Committee Updates, including Tank
Waste Committee, River and Plateau
Committee, Health, Safety and
Environmental Protection Committee,
Public Involvement Committee, and
Budgets and Contracts Committee.
Public Participation: The meeting is
open to the public. Written statements
may be filed with the Board either
before or after the meeting. Individuals
who wish to make oral statements
pertaining to agenda items should
contact Erik Olds’ office at the address
or telephone number listed above.
Requests must be received five days
prior to the meeting and reasonable
provision will be made to include the
presentation in the agenda. The Deputy
Designated Federal Officer is
empowered to conduct the meeting in a
fashion that will facilitate the orderly
conduct of business. Individuals
wishing to make public comments will
be provided a maximum of five minutes
to present their comments.
Minutes: Minutes will be available by
writing or calling Erik Olds’ office at the
address or phone number listed above.
Minutes will also be available at the
following Web site https://
www.hanford.gov/
?page=413&parent=397.
Issued at Washington, DC on December 31,
2007.
Rachel Samuel,
Deputy Committee Management Officer.
[FR Doc. E8–14 Filed 1–4–08; 8:45 am]
BILLING CODE 6450–01–P
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1213
DEPARTMENT OF ENERGY
Office of Energy Efficiency and
Renewable Energy
[Case No. CAC–018]
Energy Conservation Program for
Certain Industrial Equipment:
Publication of the Petition for Waiver
From Daikin AC (Americas), Inc. and
Granting of the Application for Interim
Waiver From the Department of Energy
Commercial Package Water-Source Air
Conditioner and Heat Pump Test
Procedure
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 Daikin AC (Americas), Inc.
(Daikin). The Petition for Waiver
(hereafter ‘‘Daikin Petition’’) requests a
waiver of the Department of Energy
(DOE) test procedure applicable to
commercial package water-source air
conditioners and heat pumps. The
waiver request is specific to the Daikin
Variable Speed and Variable Refrigerant
Volume VRV–WII (commercial) multisplit water-source heat pumps and heat
recovery systems. Through this
document, DOE is: (1) Soliciting
comments, data, and information with
respect to the Daikin Petition; and (2)
announcing our determination granting
an Interim Waiver to Daikin from the
applicable DOE test procedure for
commercial water-source air
conditioners and heat pumps.
DATES: DOE will accept comments, data,
and information with respect to the
Daikin Petition until, but no later than
February 6, 2008.
ADDRESSES: You may submit comments,
identified by case number [CAC–018],
by any of the following methods:
• Federal eRulemaking Portal: https://
www.regulations.gov. Follow the
instructions for submitting comments.
• E-mail:
Michael.Raymond@ee.doe.gov. Include
either the case number [CAC–018], and/
or ‘‘Daikin Petition’’ in the subject line
of the message.
• Mail: Ms. Brenda Edwards-Jones,
U.S. Department of Energy, Building
Technologies Program, Mailstop EE–2J,
Forrestal Building, 1000 Independence
Avenue, SW., Washington, DC 20585–
0121. Telephone: (202) 586–2945.
Please submit one signed original paper
copy.
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]]>Agencies
[Federal Register Volume 73, Number 4 (Monday, January 7, 2008)]
[Notices]
[Pages 1207-1213]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-12]
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DEPARTMENT OF ENERGY
Office of Energy Efficiency and Renewable Energy
[Case No. CAC-019]
Energy Conservation Program for Commercial Equipment: Publication
of the Petition for Waiver From Daikin AC (Americas), Inc. and Granting
of the Application for Interim Waiver From the Department of Energy
Commercial Package Air Conditioner and Heat Pump Test Procedure
AGENCY: Office of Energy Efficiency and Renewable Energy, Department of
Energy.
ACTION: Notice of petition for waiver, granting of application for
interim waiver, and request for comments.
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SUMMARY: This notice announces receipt of and publishes a Petition for
Waiver from Daikin AC (Americas), Inc. (Daikin). The Petition for
Waiver (hereafter ``Daikin Petition'') requests a waiver of the
Department of Energy (DOE) test procedure applicable to commercial
package air-cooled central air conditioners and heat pumps. The waiver
request is specific to the Daikin variable speed and variable
refrigerant volume (VRV-III) (commercial) multi-split heat pumps and
heat recovery systems. Through this document, DOE is: (1) Soliciting
comments, data, and information with respect to the Daikin Petition;
and (2) announcing our determination to grant an Interim Waiver to
Daikin from the applicable DOE test procedure for the subject
commercial air-cooled, multi-split air conditioners and heat pumps.
DATES: DOE will accept comments, data, and information with respect to
the Daikin Petition until, but no later than February 6, 2008.
ADDRESSES: You may submit comments, identified by case number ``CAC-
018,'' by any of the following methods:
Federal eRulemaking Portal: https://www.regulations.gov.
Follow the instructions for submitting comments.
E-mail: Michael.Raymond@ee.doe.gov. Include either the
case number [CAC-019], and/or ``Daikin Petition'' in the subject line
of the message.
Mail: Ms. Brenda Edwards-Jones, U.S. Department of Energy,
Building Technologies Program, Mailstop EE-2J/1000 Independence Avenue,
SW., Washington, DC 20585-0121. Telephone: (202) 586-2945. Please
submit one signed original paper copy.
Hand Delivery/Courier: Ms. Brenda Edwards-Jones, U.S.
Department of Energy, Building Technologies Program, 950 L'Enfant
Plaza, SW., Suite 600, Washington, DC 20024. Please submit one signed
original paper copy.
Instructions: All submissions received must include the agency name
and case number for this proceeding. Submit electronic comments in
WordPerfect, Microsoft Word, Portable Document Format (PDF), or text
(American Standard Code for Information Interchange (ASCII)) file
format and avoid the use of special characters or any form of
encryption. Wherever possible, include the electronic signature of the
author. Absent an electronic signature, comments submitted
electronically must be followed and authenticated by submitting the
signed original paper document. DOE does not accept telefacsimiles
(faxes).
Any person submitting written comments must also send a copy of
such comments to the petitioner, pursuant to 10 CFR 431.401(d). The
contact information for the petitioner is: Mr. Russell Tavolacci,
Director of Product Marketing, Daikin AC (Americas), Inc., 1645 Wallace
Drive, Suite 110, Carrollton, TX 75006. Telephone: (972) 245-1510. E-
mail: Russell.Tavolacci@daikinac.com.
According to 10 CFR 1004.11, any person submitting information that
he or she believes to be confidential and exempt by law from public
disclosure should submit two copies: One copy of the document including
all the information believed to be confidential, and one copy of the
document with the information believed to be confidential deleted. DOE
will make its own determination about the confidential status of the
information and treat it according to its determination.
Docket: For access to the docket to review the background documents
relevant to this matter, you may visit the U.S. Department of Energy,
950 L'Enfant Plaza, SW., (Resource Room of the Building Technologies
Program), Washington, DC 20024; (202) 586-2945, between 9 a.m. and 4
p.m., Monday through Friday, except Federal holidays. Available
documents include the following items: (1) This notice; (2) public
comments received; (3) the Petition for Waiver and Application for
Interim Waiver; and (4) prior DOE rulemakings regarding similar central
air conditioning and heat pump equipment. Please call Ms. Brenda
Edwards-Jones at the above telephone number for additional information
regarding visiting the Resource Room.
FOR FURTHER INFORMATION CONTACT: Dr. Michael G. Raymond, U.S.
Department of Energy, Building Technologies Program, Mail Stop EE-2J,
Forrestal Building, 1000 Independence Avenue, SW., Washington, DC
20585-0121. Telephone: (202) 586-9611. E-mail:
Michael.Raymond@ee.doe.gov.
Ms. Francine Pinto or Mr. Eric Stas, U.S. Department of Energy,
Office of the General Counsel, Mail Stop GC-72, Forrestal Building,
1000 Independence Avenue, SW., Washington, DC 20585-0103. Telephone:
(202) 586-9507. E-mail: Francine.Pinto@hq.doe.gov or
Eric.Stas@hq.doe.gov.
SUPPLEMENTARY INFORMATION:
Table of Contents
I. Background and Authority
II. Petition for Waiver
III. Application for Interim Waiver
IV. Alternate Test Procedure
V. Summary and Request for Comments
[[Page 1208]]
I. Background and Authority
Title III of the Energy Policy and Conservation Act (EPCA) sets
forth a variety of provisions concerning energy efficiency. Part B of
Title III provides for the ``Energy Conservation Program for Consumer
Products Other Than Automobiles.'' (42 U.S.C. 6291-6309) Part C of
Title III provides for an energy efficiency program entitled ``Certain
Industrial Equipment,'' which is similar to the program in Part B, and
which includes commercial air conditioning and heating equipment,
packaged boilers, water heaters, and other types of commercial
equipment. (42 U.S.C. 6311-6317)
This notice involves commercial equipment under Part C. Part C
specifically includes definitions (42 U.S.C. 6311), test procedures (42
U.S.C. 6314), labeling provisions (42 U.S.C. 6315), energy conservation
standards (42 U.S.C 6313), and the authority to require information and
reports from manufacturers (42 U.S.C. 6316). With respect to test
procedures, it generally authorizes the Secretary of Energy (the
Secretary) to prescribe test procedures that are reasonably designed to
produce results which reflect energy efficiency, energy use, and
estimated annual operating costs, and that are not unduly burdensome to
conduct. (42 U.S.C. 6314(a)(2))
For commercial package air-conditioning and heating equipment, EPCA
provides that ``the test procedures shall be those generally accepted
industry testing procedures or rating procedures developed or
recognized by the Air-Conditioning and Refrigeration Institute [ARI] or
by the American Society of Heating, Refrigerating and Air-Conditioning
Engineers [ASHRAE], as referenced in ASHRAE/IES Standard 90.1 and in
effect on June 30, 1992.'' (42 U.S.C. 6314(a)(4)(A)) Under 42 U.S.C.
6314(a)(4)(B), the statute further directs the Secretary to amend the
test procedure for a covered commercial product if the industry test
procedure is amended, unless the Secretary determines that such a
modified test procedure does not meet the statutory criteria set forth
in 42 U.S.C. 6314(a)(2) and (3).
On December 8, 2006, DOE published a final rule adopting test
procedures for commercial package air-conditioning and heating
equipment, effective January 8, 2007. 71 FR 71340. DOE adopted ARI
Standard 340/360-2004, ``Performance Rating of Commercial and
Industrial Unitary Air-Conditioning and Heat Pump Equipment,'' for
small and large commercial package air-cooled heat pumps with
capacities >=65,000 Btu/h and <760,000 British thermal units per hour
(Btu/h). Id. at 71370. Pursuant to this rulemaking, DOE's regulations
at 10 CFR 431.95(b)(2) incorporate by reference the relevant ARI
Standard, and Table 1 to 10 CFR 431.96 directs manufacturers of
commercial package air-cooled air conditioning and heating equipment to
use the appropriate procedure when measuring energy efficiency of those
products. (The cooling capacities of Daikin's commercial VRV-III multi-
split heat pump products range from 72,000 Btu/hr to 240,000 Btu/hr,
thereby resulting in these products falling within the range covered by
ARI Standard 340/360-2004.)
In addition, DOE's regulations contain provisions allowing a person
to seek a waiver from the test procedure requirements for covered
commercial equipment, for which the petitioner's basic model contains
one or more design characteristics which prevent testing according to
the prescribed test procedures, or if the prescribed test procedures
may evaluate the basic model in a manner so unrepresentative of its
true energy consumption as to provide materially inaccurate comparative
data. 10 CFR 431.401(a)(1). The waiver provisions for commercial
equipment are found at 10 CFR 431.401 and are substantively identical
to those for covered consumer products. Petitioners must include in
their petition any alternate test procedures known to evaluate the
basic model in a manner representative of its energy consumption. 10
CFR 431.401(b)(1)(iii). The Assistant Secretary for Energy Efficiency
and Renewable Energy (Assistant Secretary) may grant a waiver subject
to conditions, including adherence to alternate test procedures. 10 CFR
431.401(f)(4). In general, a waiver terminates on the effective date of
a final rule, published in the Federal Register, which prescribes
amended test procedures appropriate to the model series manufactured by
the petitioner, thereby eliminating any need for the continuation of
the waiver. 10 CFR 431.401(g).
The waiver process also allows any person who has submitted a
Petition for Waiver to file an Application for Interim Waiver of the
applicable test procedure requirements. 10 CFR 431.401(a)(2). The
Assistant Secretary will grant an Interim Waiver request if it is
determined that the applicant will experience economic hardship if the
Application for Interim Waiver is denied, if it appears likely that the
Petition for Waiver will be granted, and/or the Assistant Secretary
determines that it would be desirable for public policy reasons to
grant immediate relief pending a determination on the Petition for
Waiver. 10 CFR 431.401(e)(3). An Interim Waiver remains in effect for a
period of 180 days or until DOE issues its determination on the
Petition for Waiver, whichever occurs first, and it may be extended by
DOE for an additional 180 days, if necessary. 10 CFR 431.401(e)(4).
II. Petition for Waiver
On August 31, 2007, Daikin filed a Petition for Waiver from the
test procedures at 10 CFR 431.96 which are applicable to commercial
package air-cooled heat pumps and an Application for Interim Waiver. As
noted above, the applicable test procedure for Daikin's commercial VRV-
III multi-split heat pumps is ARI Standard 340/360-2004, which
manufacturers are directed to use pursuant to Table 1 of 10 CFR 431.96.
The capacities of the Daikin VRV-III multi-split heat pumps range from
72,000 Btu/hr to 240,000 Btu/hr. Accordingly, the applicable test
procedure for all these sizes is ARI Standard 340/360-2004.\1\
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\1\ Daikin's Petition mistakenly requested a waiver from ARI
210/240-2006. The capacities of the products for which the waiver is
requested are not in the range covered by ARI 210/240. ARI 340/360-
2004 is the test procedure relevant to the Daikin Petition.
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Daikin seeks a waiver from the applicable test procedures under 10
CFR 431.96 on the grounds that its VRV-III multi-split heat pumps and
heat recovery systems contain design characteristics that prevent
testing according to the current DOE test procedures. Specifically,
Daikin asserts that the two primary factors that prevent testing of
multi-split variable speed products, regardless of manufacturer, are
the same factors stated in the waivers that DOE granted to Mitsubishi
Electric & Electronics USA, Inc. (Mitsubishi) for a similar line of
commercial multi-split air-conditioning systems:
Testing laboratories cannot test products with so many
indoor units.
There are too many possible combinations of indoor and
outdoor units to test.
69 FR 52661 (August 27, 2004); 72 FR 17528 (April 9, 2007); 72 FR
71383 (December 17, 2007); 72 FR 71387 (December 17, 2007).
Further, Daikin states that its VRV-III indoor units have nine
different indoor static pressure ratings, and the test procedure does
not provide for operation of indoor units at several different static
pressure ratings during a single test. The indoor units are designed to
operate at many different
[[Page 1209]]
external static pressure values, which compounds the difficulty of
testing. The number of connectable indoor units for each outdoor unit
ranges up to 64. A testing facility could not manage proper airflow at
several different external static pressure values to the many indoor
units that would be connected to a VRV-III outdoor unit. Daikin further
states that its VRV-III products' capability to perform simultaneous
heating and cooling is not captured by the DOE test procedure. This is
true, but not relevant. DOE is required by EPCA to use the full-load
descriptor EER for these products, and simultaneous heating and cooling
does not occur when operating at full load.
Accordingly, Daikin requests that DOE grant a waiver from the
applicable test procedures for its VRV-III product designs, until a
suitable test method can be prescribed. DOE believes that there is no
substantive difference between the Mitsubishi and Daikin equipment
which would preclude it from granting the same waiver to both.
Furthermore, Daikin states that failure to grant the waiver would
result in economic hardship because it would prevent the company from
marketing its VRV-III products. Also, Daikin states that it is willing
to work closely with DOE, ARI, and other agencies to develop
appropriate test procedures, as necessary.
III. Application for Interim Waiver
On August 31, 2007, in addition to its Petition for Waiver, Daikin
submitted to DOE an Application for Interim Waiver. Daikin's
Application for Interim Waiver does not provide sufficient information
to evaluate the level of economic hardship Daikin will likely
experience if its Application for Interim Waiver is denied. However, in
those instances where the likely success of the Petition for Waiver has
been demonstrated, based upon DOE having granted a waiver for similar
product designs, it is in the public interest to have similar products
tested and rated for energy consumption on a comparable basis. DOE has
previously granted Interim Waivers to Mitsubishi, Fujitsu, and Samsung
for comparable commercial multi-split air conditioners and heat pumps.
72 FR 17533 (April 9, 2007), 70 FR 5980 (Feb. 4, 2005), 70 FR 9629
(Feb. 28, 2005), respectively.
Moreover, as noted above, DOE approved the Petition for Waiver from
Mitsubishi, Fujitsu, and Samsung for their comparable lines of multi-
split air conditioners and heat pumps. 72 FR 17528 (April 9, 2007); 72
FR 71383 (Dec. 17, 2007); 72 FR 71387 (Dec. 17, 2007). The two
principal reasons for granting the waivers also apply to Daikin's VRV-
III products: (1) Test laboratories cannot test products with so many
indoor units\2\; and (2) it is impractical to test so many combinations
of indoor units with each outdoor unit. Thus, DOE has determined that
it is likely that Daikin's Petition for Waiver will be granted for its
new VRV-III multi-split models. Therefore, it is ordered that:
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\2\ According to the Daikin petition, up to 64 indoor units are
possible candidates for testing of its commercial package multi-
split heat pump and heat recovery systems. However, DOE believes
that the practical limits for testing would be about five units.
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The Application for Interim Waiver filed by Daikin is hereby
granted for Daikin's VRV-III air-cooled multi-split central air
conditioning heat pumps, subject to the specifications and conditions
below. The Interim Waiver applies to the following models:
1. Daikin shall not be required to test or rate its VRV-III
commercial air-cooled multi-split products on the basis of the
currently applicable test procedure under 10 CFR 431.96, which
incorporates by reference ARI Standard 340/360-2004.
2. Daikin shall be required to test and rate its VRV-III commercial
air-cooled multi-split products according to the alternate test
procedure as set forth in section IV(3), ``Alternate test procedure.''
VRV-III Series Outdoor Units:
460V/3-phase/60Hz Models:
[cir] Heat Pump models RXYQ72PYDN, RXYQ96PYDN, RXYQ120PYDN,
RXYQ144PYDN, RXYQ168PYDN, RXYQ192PYDN, RXYQ216PYDN, RXYQ240PYDN with
nominally rated cooling capacities of 72,000, 96,000, 120,000, 144,000,
168,000, 192,000, 216,000, and 240,000, respectively.
[cir] Heat Recovery models REYQ72PYDN, REYQ96PYDN, REYQ120PYDN,
REYQ144PYDN (2x REMQ72PYDN), REYQ168PYDN (1x REMQ96PYDN + 1x
REMQ72PYDN), REYQ192PYDN (1x REMQ120PYDN + 1x REMQ72PYDN), REYQ216PYDN
(1x REMQ120PYDN + 1x REMQ96PYDN), REYQ240PYDN (2x REMQ120PYDN) with
nominally rated cooling capacities of 72,000, 96,000, 120,000, 144,000,
168,000, 192,000, 216,000, and 240,000 respectively.
208-230V/3-phase/60Hz Models:
[cir] Heat Pump models RXYQ72PTJU, RXYQ96PTJU, RXYQ120PTJU,
RXYQ144PTJU, RXYQ168PTJU, RXYQ192PTJU, RXYQ216PTJU, RXYQ240PTJU with
nominally rated cooling capacities of 72,000, 96,000, 120,000, 144,000,
168,000, 192,000, 216,000, and 240,000 respectively.
[cir] Heat Recovery models REYQ72PTJU, REYQ96PTJU, REYQ120PTJU,
REYQ144PTJU, REYQ168PTJU (1x REMQ96PTJU + 1x REMQ72PTJU), REYQ192PTJU
(1x REMQ120PTJU + 1x REMQ72PTJU), REYQ216PTJU (1x REMQ120PTJU + 1x
REMQ96PTJU), REYQ240PTJU (2x REMQ120PTJU) with nominally rated cooling
capacities of 72,000, 96,000, 120,000, 144,000, 168,000, 192,000,
216,000, and 240,000 respectively.
Compatible Indoor Units for Above-Listed Outdoor Units:
[cir] FXAQ Series all mounted indoor units with nominally rated
capacities of 7,500, 9,500, 12,000, 18,000 and 24,000 BTU/Hr.
[cir] FXLQ Series floor mounted indoor units with nominally rated
capacities of 7,500, 9,500, 12,000, 18,000 and 24,000 BTU/Hr.
[cir] FXNQ Series concealed floor mounted indoor units with
nominally rated capacities of 7,500, 9,500, 12,000, 18,000 and 24,000
BTU/Hr.
[cir] FXDQ Series low static ducted indoor units with nominally
rated capacities of 7,500, 9,500, 12,000, 18,000 and 24,000 BTU/Hr.
[cir] FXSQ Series medium static ducted indoor units with nominally
rated capacities of 7,500, 9,500, 12,000, 18,000, 24,000, 30,000,
36,000, 48,000, 72,000 and 96,000 BTU/Hr.
[cir] FXMQ Series high static ducted indoor units with nominally
rated capacities of 18,000, 24,000, 30,000, 36,000 48,000, 72,000 and
96,000 BTU/Hr.
[cir] FXZQ Series recessed cassette indoor units with nominally
rated capacities of 7,500, 9,500, 12,000, 15,000 and 18,000 BTU/Hr.
[cir] FXFQ Series recessed cassette indoor units with nominally
rated capacities of 12,000, 18,000, 24,000, 30,000 and 36,000 BTU/Hr.
[cir] FXHQ Series ceiling suspended indoor units with nominally
rated capacities of 12,000, 24,000 and 36,000 BTU/Hr.
[cir] FXOQ Series ceiling suspended indoor units with nominally
rated capacities of 12,000, 18,000, 24,000, 30,000, 36,000, 42,000 and
48,000 BTU/Hr.
[cir] FXMQ-MF Series concealed ducted indoor units with nominally
rated capacities of 48,000, 72,000, and 96,000 BTU/Hr.
This Interim Waiver is conditioned upon the presumed validity of
statements, representations, and documents provided by the petitioner.
DOE may revoke or modify this Interim Waiver at any time upon a
determination that the factual basis
[[Page 1210]]
underlying the Petition for Waiver is incorrect, or upon a
determination that the results from the alternate test procedure are
unrepresentative of the basic models' true energy consumption
characteristics.
IV. Alternate Test Procedure
In response to two recent Petitions for Waiver from Mitsubishi, DOE
specified an alternate test procedure to provide a basis from which
Mitsubishi could test and make valid energy efficiency representations
for its R410A CITY MULTI products, as well as for its R22 multi-split
products. Alternate test procedures related to the Mitsubishi petitions
were published in the Federal Register on April 9, 2007. 72 FR 17528;
72 FR 17533.
In general, DOE understands that existing testing facilities have a
limited ability to test multiple indoor units at one time, and the
number of possible combinations of indoor and outdoor units for some
variable refrigerant flow zoned systems is impractical to test. We
further note that subsequent to the waiver that DOE granted for
Mitsubishi's R22 multi-split products, ARI formed a committee to
discuss the issue and to work on developing an appropriate testing
protocol for variable refrigerant flow systems. However, to date, no
additional test methodologies have been adopted by the committee or
submitted to DOE. The ARI committee has considered a draft ISO
methodology, ISO CD 15042, for multi-split systems. However, it
contains no guidance that would affect this waiver.
Therefore, as discussed below, DOE is including a similar alternate
test procedure as a condition in granting the Interim Waiver for
Daikin's products, and plans to consider the same alternate test
procedure in the context of the subsequent Decision and Order
pertaining to Daikin's Petition for Waiver. Utilization of this
alternate test procedure will allow Daikin to test and make energy
efficiency representations for its VRV-III products. More broadly, DOE
is also considering applying a similar alternate test procedure to
other existing waivers for similar residential and commercial central
air conditioners and heat pumps. Such cases include Samsung's Petition
for Waiver for its multi-split products at 72 FR 71387 (Dec. 17, 2007),
and Fujitsu's Petition for Waiver for its multi-split products at 72 FR
71383 (Dec. 17, 2007). As noted above, the alternate test procedure has
been applied to Mitsubishi's Petition for Waiver for its R410A CITY
MULTI and R22 and R410A multi-split products. 72 FR 17528 (April 9,
2007). DOE believes that an alternate test procedure is needed so that
manufacturers of such products can make valid and consistent
representations of energy efficiency for their air-conditioning and
heat pump products.
In the present case, DOE is modifying the alternate test procedure
taken from the above-referenced waiver granted to Mitsubishi for its
R410A and R22 CITY MULTI products, and plans to consider inclusion of
the following similar waiver language in the Decision and Order for
Daikin's VRV-III commercial multi-split air-cooled heat pump models:
(1) The ``Petition for Waiver'' filed by Daikin AC (Americas), Inc.
is hereby granted as set forth in the paragraphs below.
(2) Daikin shall not be required to test or rate its VRV-III
variable refrigerant volume multi-split heat pump products listed above
in section III, on the basis of the currently applicable test
procedures, but shall be required to test and rate such products
according to the alternate test procedure as set forth in paragraph
(3).
(3) Alternate test procedure.
(A) Daikin shall be required to test the products listed in section
III above according to the test procedures for central air conditioners
and heat pumps prescribed by DOE at 10 CFR 431.96, except that Daikin
shall test a ``tested combination'' selected in accordance with the
provisions of subparagraph (B) of this paragraph. For every other
system combination using the same outdoor unit as the tested
combination, Daikin shall make representations concerning the VRV-III
products covered in this waiver according to the provisions of
subparagraph (C) below.
(B) Tested combination means a multi-split system with multiple
indoor coils having the following features:
(1) The basic model of a system used as a tested combination shall
consist of one outdoor unit, with one or more compressors, that is
matched with between 2 and 5 indoor units; for multi-split systems,
each of these indoor units shall be designed for individual operation.
(2) The indoor units shall--
(i) Represent the highest sales model family, or another indoor
model family if the highest sales model family does not provide
sufficient capacity (see ii);
(ii) Together, have a nominal capacity that is between 95% and 105%
of the nominal capacity of the outdoor unit;
(iii) Not, individually, have a capacity that is greater than 50%
of the nominal capacity of the outdoor unit;
(iv) Operate at fan speeds that are consistent with the
manufacturer's specifications; and
(v) All be subject to the same minimum external static pressure
requirement while being configurable to produce the same static
pressure at the exit of each outlet plenum when manifolded as per
section 2.4.1 of 10 CFR Part 430, Subpart B, Appendix M.
(C) Representations. In making representations about the energy
efficiency of its VRV-III variable speed and variable refrigerant
volume air-cooled multi-split heat pump and heat recovery system
products, for compliance, marketing, or other purposes, Daikin must
fairly disclose the results of testing under the DOE test procedure,
doing so in a manner consistent with the provisions outlined below:
(i) For VRV-III combinations tested in accordance with this
alternate test procedure, Daikin must disclose these test results.
(ii) For VRV-III combinations that are not tested, Daikin must make
a disclosure based on the testing results for the tested combination
and which is consistent with either of the two following methods,
except that only method (a) may be used, if available:
(a) Representation of non-tested combinations according to an
Alternative Rating Method (ARM) approved by DOE; or
(b) Representation of non-tested combinations at the same energy
efficiency level as the tested combination with the same outdoor unit.
V. Summary and Request for Comments
Through today's notice, DOE announces receipt of the Daikin
Petition for Waiver from the test procedures applicable to Daikin's
VRV-III commercial multi-split heat pump products, and for the reasons
articulated above, DOE is granting Daikin an Interim Waiver from those
procedures. As part of this notice, DOE is publishing Daikin's Petition
for Waiver in its entirety. The Petition contains no confidential
information. Furthermore, today's notice includes an alternate test
procedure that Daikin is required to follow as a condition of its
Interim Waiver and that DOE is considering including in its subsequent
Decision and Order. In this alternate test procedure, DOE is defining a
``tested combination'' which Daikin could use in lieu of testing all
retail combinations of its VRV-III multi-split heat pump products.
Furthermore, should a subsequent manufacturer be unable to test all
retail combinations, DOE is considering allowing such manufacturers to
rate waived products according to an ARM
[[Page 1211]]
approved by DOE, or to rate waived products the same as the specified
tested combination with the same outdoor unit. DOE is also considering
applying a similar alternate test procedure to other comparable
Petitions for Waiver for residential and commercial central air
conditioners and heat pumps. Such cases include Samsung's Petition for
Waiver for its Digital Variable Multi (DVM) products at 72 FR 71387
(Dec. 17, 2007), and Fujitsu's Petition for Waiver for its Airstage
variable refrigerant flow products at 72 FR 71383 (Dec. 17, 2007).
DOE is interested in receiving comments on the issues addressed in
this notice. Pursuant to 10 CFR 431.401(d), any person submitting
written comments must also send a copy of such comments to the
petitioner, whose contact information is included in the section
entitled ADDRESSES section above.
Issued in Washington, DC, on December 27, 2007.
Alexander A. Karsner,
Assistant Secretary, Energy Efficiency and Renewable Energy.
August 31, 2007.
Mr. Alexander Karsner,
Assistant Secretary for Energy Efficiency and Renewable Energy, U.S.
Department of Energy, 1000 Independence Ave, SW., Washington, DC
20585-0121.
Re: Petition for Waiver of Test Procedure
Dear Assistant Secretary Karsner: Daikin AC (Americas) Inc.
(DACA) respectfully petitions the Department of Energy (DOE)
pursuant to 10 CFR. Sec. Sec. 430.27(a)(1) and 431.401(a)(1) for
waivers of the test procedures applicable to residential and
commercial package air conditioners and heat pumps, as established
in ARI Standard 210/240-2006 and ARI Standard 340/360-2004,\1\ for
DACA's variable speed compressor driven air-cooled multi-split
systems for combinations exceeding two indoor units to a single
outdoor unit. The specific systems for which DACA requests these
waivers are in DACA's VRV-III product classes. The specific models
subject to the waiver requests are listed below. The basis for
DACA's requests is that the basic model contains design criteria
that prevent testing of the basic models according to the prescribed
test procedures. We are simultaneously requesting an interim waiver
for the same systems pursuant to 10 CFR Sec. Sec. 430.27(a)(2) and
431.401(a)(2).
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\1\ Detailed citations to the test procedures for which DACA is
requesting a waiver are included on page 4 of this petition.
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Particular Basic Models for Which a Waiver Is Requested
DACA requests a waiver from the test procedures for the
following particular basic models:
VRV-III
VRV III Series Outdoor Units:
460V/3-phase/60Hz Models:
Heat Pump models RXYQ72PYDN, RXYQ96PYDN, RXYQ120PYDN,
RXYQ144PYDN, RXYQ168PYDN, RXYQ192PYDN, RXYQ216PYDN, RXYQ240PYDN with
nominally rated cooling capacities of 72,000, 96,000, 120,000,
144,000, 168,000, 192,000, 216,000, and 240,000, respectively.
Heat Recovery models REYQ72PYDN, REYQ96PYDN, REYQ120PYDN,
REYQ144PYDN (2x REMQ72PYDN), REYQ168PYDN (1x REMQ96PYDN + 1x
REMQ72PYDN), REYQ192PYDN (1x REMQ120PYDN + 1x REMQ72PYDN),
REYQ216PYDN (1x REMQ120PYDN + 1x REMQ96PYDN), REYQ240PYDN (2x
REMQ120PYDN) with nominally rated cooling capacities of 72,000,
96,000, 120,000, 144,000, 168,000, 192,000, 216,000, and 240,000,
respectively.
208-230V/3-phase/60Hz Models:
Heat Pump models RXYQ72PTJU, RXYQ96PTJU, RXYQ120PTJU,
RXYQ144PTJU, RXYQ168PTJU, RXYQ192PTJU, RXYQ216PTJU, RXYQ240PTJU with
nominally rated cooling capacities of 72,000, 96,000, 120,000,
144,000, 168,000, 192,000, 216,000, and 240,000, respectively.
Heat Recovery models REYQ72PTJU, REYQ96PTJU, REYQ120PTJU,
REYQ144PTJU, REYQ168PTJU (1x REMQ96PTJU + 1x REMQ72PTJU),
REYQ192PTJU (1x REMQ120PTJU + 1x REMQ72PTJU), REYQ216PTJU (1x
REMQ120PTJU + 1x REMQ96PTJU), REYQ240PTJU (2x REMQ120PTJU) with
nominally rated cooling capacities of 72,000, 96,000, 120,000,
144,000, 168,000, 192,000, 216,000, and 240,000, respectively.
Compatible Indoor Units for Above Listed Outdoor Units:
FXAQ Series all mounted indoor units with nominally rated
capacities of 7,500, 9,500, 12,000, 18,000 and 24,000 BTU/Hr.
FXLQ Series floor mounted indoor units with nominally rated
capacities of 7,500, 9,500, 12,000, 18,000 and 24,000 BTU/Hr.
FXNQ Series concealed floor mounted indoor units with nominally
rated capacities of 7,500, 9,500, 12,000, 18,000 and 24,000 BTU/Hr.
FXDQ Series low static ducted indoor units with nominally rated
capacities of 7,500, 9,500, 12,000, 18,000 and 24,000 BTU/Hr.
FXSQ Series medium static ducted indoor units with nominally
rated capacities of 7,500, 9,500, 12,000, 18,000, 24,000, 30,000,
36,000, 48,000, 72,000 and 96,000 BTU/Hr.
FXMQ Series high static ducted indoor units with nominally rated
capacities of 18,000, 24,000, 30,000, 36,000 48,000, 72,000 and
96,000 BTU/Hr.
FXZQ Series recessed cassette indoor units with nominally rated
capacities of 7,500, 9,500, 12,000, 15,000 and 18,000 BTU/Hr.
FXFQ Series recessed cassette indoor units with nominally rated
capacities of 12,000, 18,000, 24,000, 30,000 and 36,000 BTU/Hr.
FXHQ Series ceiling suspended indoor units with nominally rated
capacities of 12,000, 24,000 and 36,000 BTU/Hr.
FXOQ Series ceiling suspended indoor units with nominally rated
capacities of 12,000, 18,000, 24,000, 30,000, 36,000, 42,000 and
48,000 BTU/Hr.
FXMQ-MF Series concealed ducted indoor units with nominally
rated capacities of 48,000, 72,000, and 96,000 BTU/Hr.
The indoor units listed above are also compatible with Daikin's
VRV, VRV-S and VRV-WII product lines covered in separate waiver
applications.
Design Characteristics Constituting the Grounds for DACA's Petition
DACA's VRV-III product offerings consist of multiple indoor
units being connected to one or more air-cooled outdoor units. The
indoor units for these products are available in a very large number
of potential configurations, including but not limited to the
following: 4-Way Cassette, Ceiling Concealed, Wall Mounted, Ceiling
Suspended, and Floor Standing. Each of these units has nine
different indoor static pressure ratings as standard, with addition
pressure ratings available. There are over one million combinations
possible with the DACA VRV-III product offerings. It is completely
impractical for testing laboratories to test a product such as the
VRV-III with multiple indoor units because of the astronomical
number of potential system configurations.
DACA's VRV-III products share many of the design characteristics
and features of similar equipment for which DOE has already approved
either interim waivers or waivers, including DACA's VRV and VRV-S
product lines, and Mitsubishi Electric and Electronics USA, Inc.'s
(MEUS) CITY MULTI product class.\3\ The same testing constraints and
limitations apply to all of these products.
---------------------------------------------------------------------------
\3\ DOE granted DACA an interim waiver for its VRV and VRV-S
product lines in a letter dated August 14, 2006, and DOE renewed
this interim waiver on July 2, 2007 (72 FR 35,986). DOE granted MEUS
a waiver for its CITY MULTI VRFZ class of products. 69 FR 52,660
(August 27, 2004).
---------------------------------------------------------------------------
The DOE relied on similar rationales to grant MEUS' petition for
waiver and DACA's interim waiver. DOE stated the following in its
August 14, 2006 letter to DACA granting an interim waiver:
A waiver for a similar type of variable refrigerant flow zoned
central air conditioner [i.e., similar to the DACA VRV, VRV-S and
VRV-III products] was requested by MEUS. DOE decided to grant the
waiver, based on the difficulty of testing the products. There are
two major testing problems: (1) test laboratories cannot test
products with so many indoor units (up to sixteen); and (2) there
are too many possible combinations of indoor and outdoor units--only
a small fraction of the combinations could be tested.
DOE also noted in its August 14, 2006 interim waiver approval,
and in its July 2, 2007 renewal for DACA's VRV and VRV-S products
that ``[w]aivers for similar products have already been granted to *
* * Samsung, and Fujitsu General * * *.''
After reviewing its previously granted waivers for similar
products under the same rationale in its August 14, 2006 letter, DOE
concluded that DACA's VRV and VRV-S systems ``will likely suffer the
same testing
[[Page 1212]]
problems that prompted DOE to grant MEUS a waiver.'' DOE continued
by saying that ``[w]ith up to eleven indoor units of nine different
types, thousands of combinations are possible, and it would not be
practicable to test so many combinations [of DACA's VRV and VRV-S
product class].'' Based on these conclusions, the DOE proceeded to
grant DACA's interim waiver request, Id., and DOE then renewed this
interim waiver on the same basis. 72 FR 35,986 (July 2, 2007).
The DACA VRV-III system operates in the same configurations as
the VRV and VRV-S models for which DOE previously granted an interim
waiver. The reasons and rationale that DOE has already articulated
to support the previous DACA, MEUS, Sanyo, and Fujitsu waivers for
multi-split, multi-zoned air conditioners also apply to the DACA
VRV-III products. Therefore, DOE should conclude that the design
characteristics of DACA's VRV-III product classes prevent testing of
these basic models according to the prescribed test procedures.
Specific Testing Requirements Sought To Be Waived
The test procedures from which DACA is requesting a waiver are
ARI Standards 210/240-2006 and 340/360-2004. ARI Standard 210/240-
2006, which is applicable to small commercial packaged air
conditioning and heating equipment with a capacity of <65,000 Btu/
hr, is referenced in Table 1 to 10 CFR Sec. 431.96, and is made
applicable to DACA's small commercial VRV-III products in 10 CFR
Sec. 431.96(a). ARI Standard 340/360-2004, which is applicable to
large commercial and industrial unitary air conditioning and heat
pump equipment with a capacity of >=65,000 Btu/hr to <240,000 Btu/
hr, is referenced in Table 2 to 10 CFR Sec. 431.96, and is made
applicable to DACA's large commercial VRV-III products in 10 CFR
Sec. 431.96(a).
Detailed Discussion of Need for Requested Waiver
Although the capacity of DACA's VRV-III small and large
commercial air conditioning product class are within the scope of
ARI Standard 210/240-2006 and ARI 340/360-2004, the design
characteristics of these product classes prevent testing of the
basic model according to the prescribed test procedures. The testing
procedures outlined in these two ARI standards do not provide for:
The testing of multi-split products when all connected
indoor units physically cannot be located in a single room.
The operation of indoor units at several different
static pressure ratings during a single test.
The precise number of part load tests that ARI Standard
340/360-2004 requires for fully or infinitely variable speed
products.
DACA especially requires the requested waiver because ARI
Standard 210/240-2006 and ARI Standard 340/360-2004 provide no
direction or guidance about how to test systems with millions of
combinations of indoor units configurable to a single outdoor unit.
A further reason that DACA needs the requested waiver is that
ARI Standard 210/240-2006 and ARI Standard 340/360-2004 do not
provide a test method to measure part load performance of a system
operating in simultaneous cooling and heating modes (i.e.,
performing both heating and cooling functions at the same time).
Another problem that prevents testing of the VRV-III product
classes under these ARI standards, and another major reason why DACA
requires the requested waiver, is the wide variety of indoor unit
static pressure ratings available with these and other multi-split
products. Testing facilities cannot effectively control multiple
indoor static pressures as would be required to test many of the
indoor unit combinations available. To accomplish such testing, a
testing lab would be required to use a large number of test rooms
simultaneously, and each test room would have to be networked into
the data recording instrumentation. Also, extensive piping
configurations would need to be routed throughout the various test
rooms. This process would be extraordinarily expensive, and the
logistical challenges presented by the testing might be
insurmountable.
Manufacturers of Other Basic Models Incorporating Similar Design
Characteristics
DACA is aware of the following manufacturers that produce basic
models incorporating similar design characteristics to the VRV-III
in the United States market:
Fujitsu General
Sanyo Fisher (USA) Corp.
Mitsubishi Electric & Electronics USA, Inc.
Alternative Test Procedures
There are no alternative test procedures available within the
United States to provide a means to test and to rate the performance
of such variable speed, multi-split, multi-zone product types. A
draft ISO standard (ISO CD 15042 Multi-Split Systems) is nearing
completion and is expected to soon be distributed as a Draft
International Ballot for comments. The Engineering Committee of
ARI's Ductless Section is currently working on a new draft standard
to provide testing and rating of such systems, but ARI has not
adopted a new standard and test method for this category of
equipment as of this date.
Application for Interim Waiver
DACA also hereby applies pursuant to 10 CFR Sec. 431.401(a)(2)
for an interim waiver of the applicable test procedure requirements
for its VRV-III product class models listed above. The basis for
DACA's Application for Interim Waiver follows.
DACA is likely to succeed in its Petition for Waiver because
there is no reasonable argument that ARI Standards 210/240-2006 and
340/360-2004 can be properly applied to DACA's VRV-III product
classes. As explained above in the DACA's Petition for Waiver, the
design characteristics of the VRV-III product classes clearly
prevent testing of the basic model according to the prescribed test
procedures. The likelihood of DOE approving DACA's Petition for
Waiver is buttressed by the DOE's history of approving previous
waiver requests from DACA and from several other manufacturers for
other products that are similar to the VRV-III product classes,
based on the same rationale put forth by DACA in this Petition for
Waiver. See preceding discussion of waivers granted by DOE to DACA,
MEUS, Fujitsu General, and Sanyo Fisher (USA) Corp.
Additionally, DACA is likely to suffer economic hardship and
competitive disadvantage if DOE does not grant its interim waiver
request. DACA is now preparing to introduce its VRV, VRV-S and VRV-
III models covered by this petition in a matter of months. If we
must wait for completion of the normal waiver consideration and
issuance process, DACA will be forced to delay the opportunity to
begin recouping through product sales its research, development and
production costs associated with the VRV-III product classes.
DOE approval of DACA's interim waiver application is also
supported by sound public policy reasons. As DOE stated in its
August 14, 2006 approval of DACA's interim waiver for the VRV and
VRV-S product classes:
[I]n those instances where the likely success of the Petition
for Waiver has been demonstrated, based upon DOE having granted a
waiver for a similar product design, it is in the public interest to
have similar products tested and rated for energy consumption on a
comparable basis.
The VRV-III product classes will provide superior comfort to the
end user, will allow for independent zoning of facilities from a
single outdoor unit, and will incorporate state of the art
technology such as variable speed compressors utilizing neodymium
magnets to increase efficiency and electronic control of compressor
speed, fan speed and even metering device opening positions. The
VRV-III product classes will introduce technologies that will
increase system efficiency and reduce national energy consumption,
and that will also offer a new level of comfort and control to end
users.
DACA requests that DOE grant our Application for Interim Waiver
so we can bring the new highly energy efficient technology
represented by the VRV-III product classes to the market as soon as
possible, thereby allowing the U.S. consumer to benefit from our
high technology and high efficiency product, and from competition
for other manufacturers who may have already received waivers.
Confidential Information
DACA makes no request to DOE for confidential treatment of any
information contained in this Petition for Waiver and Application
for Interim Waiver.
Conclusion
Daikin AC (Americas), Inc. Corporation respectfully requests DOE
to grant its Petition for Waiver of the applicable test procedure to
DACA for the VRV-III product designs, and to grant its Application
for Interim Waiver. DOE's failure to issue an interim waiver from
test standards would cause significant economic hardship and
competitive disadvantage to DACA by preventing DACA from marketing
these products even though DOE has previously granted a waiver to
other products currently being offered in the market with similar
design characteristics.
[[Page 1213]]
We would be pleased to respond to any questions you may have
regarding this Petition for Waiver and Application for Interim
Waiver. Please contact Russell Tavolacci, Assistant Vice President
at 972-245-1510 or by e-mail at Russell.tavolacci@daikinac.com.
Sincerely,
Yoshinobu Inoue,
President, Daikin AC (Americas), Inc., 1645 Wallace Drive, Suite
110, Carrollton, Texas 75006.
(Submitted in triplicate)
Notice to Affected Persons
The following companies manufacture domestically marketed units
of the same product type as the VRV-III product types. l hereby
certify that I delivered a copy of this Petition for Waiver and
Application for Interim Waiver to the persons listed below by United
States First Class Mail, postage prepaid, on August 31, 2007:
Fujitsu General America, Inc., 353 Route 46 West, Fairfield, NJ
07004, Attn: Arturo Thur De Koos, Engineering & Technical Support.
Sanyo Fisher (USA) Corp., 1690 Roberts Blvd., Suite 110, Kennesaw,
GA 30144, Attn: Gary Nettinger, Vice President, Technical and
Service.
Mitsubishi Electric & Electronics USA, Inc., 4300 Lawrenceville-
Suwanee Road, Suwanee, GA 30024, Attn: William Rau, Senior Vice
President and General Manager.
Dated August 31, 2007.
Yoshinobu Inoue,
President, Daikin AC (Americas), Inc., 1645 Wallace Drive, Suite
110, Carrollton, Texas 75006.
[FR Doc. E8-12 Filed 1-4-08; 8:45 am]
BILLING CODE 6450-01-P
