Energy Conservation Program for Certain Industrial Equipment: Publication of the Petition for Waiver From Daikin AC (Americas), Inc. and Granting of the Interim Waiver From the Department of Energy Commercial Package Water-Source Air Conditioner and Heat Pump Test Procedure, 4795-4801 [2010-1759]
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Federal Register / Vol. 75, No. 19 / Friday, January 29, 2010 / Notices
825, Washington, DC 20002.
Attention: Tessa Regis. FAX: (202)
357–6945. E-mail: tessa.regis@ed.gov.
FOR FURTHER INFORMATION CONTACT:
Munira Mwalimu at (202) 357–6906.
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Dated: January 25, 2010.
Munira Mwalimu,
Operations Officer, U. S. Department of
Education, National Assessment Governing
Board.
[FR Doc. 2010–1798 Filed 1–28–10; 8:45 am]
BILLING CODE 4000–01–P
DEPARTMENT OF ENERGY
[Case No. CAC–026]
Energy Conservation Program for
Certain Industrial Equipment:
Publication of the Petition for Waiver
From Daikin AC (Americas), Inc. and
Granting of the Interim Waiver From
the Department of Energy Commercial
Package Water-Source Air Conditioner
and Heat Pump Test Procedure
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AGENCY: Office of Energy Efficiency and
Renewable Energy, Department of
Energy.
ACTION: Notice of petition for waiver,
granting of application for interim
waiver, and request for comments.
SUMMARY: This notice announces receipt
of and publishes a petition for waiver
from Daikin AC (Americas), Inc.
(Daikin). The petition for waiver
(hereafter ‘‘petition’’) requests a waiver
from the U.S. Department of Energy
(DOE) test procedure applicable to
commercial package water-source
central air conditioners and heat pumps.
The petition is specific to the Daikin
variable capacity VRV–WIII
(commercial) multi-split heat pumps.
Through this document, DOE solicits
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comments, data, and information with
respect to the Daikin Petition, and
announces the grant of an interim
waiver to Daikin from the existing DOE
test procedure for the subject
commercial water-source, 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
March 1, 2010.
ADDRESSES: You may submit comments,
identified by case number ‘‘CAC–026,’’
by any of the following methods:
• Federal eRulemaking Portal: https://
www.regulations.gov. Follow the
instructions for submitting comments.
• E-mail:
AS_Waiver_Requests@ee.doe.gov.
Include either the case number [CAC–
026], and/or ‘‘Daikin Petition’’ in the
subject line of the message.
• Mail: Ms. Brenda Edwards, 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, 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.
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 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:
AS_Waiver_Requests@ee.doe.gov.
Ms. Francine Pinto or Mr. Michael
Kido, U.S. Department of Energy, Office
of the General Counsel, Mail Stop GC–
72, Forrestal Building, 1000
Independence Avenue, SW.,
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4795
Washington, DC 20585–0103.
Telephone: (202) 586–7432 or (202)
586–5827, respectively. E-mail:
Francine.Pinto@hq.doe.gov or
Michael.Kido@hq.doe.gov.
SUPPLEMENTARY INFORMATION:
I. Background and Authority
Title III of the Energy Policy and
Conservation Act (EPCA) sets forth a
variety of provisions concerning energy
efficiency, including Part A of Title III,
which establishes the ‘‘Energy
Conservation Program for Consumer
Products Other Than Automobiles.’’ (42
U.S.C. 6291–6309) Similar to the
program in Part A, Part A–1 of Title III
provides for an energy efficiency
program titled, ‘‘Certain Industrial
Equipment,’’ which includes
commercial air conditioning equipment,
package boilers, water heaters, and other
types of commercial equipment. (42
U.S.C. 6311–6317)
Today’s notice involves commercial
equipment under Part A–1. Part A–1
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, Part A–1
authorizes the Secretary of Energy (the
Secretary) to prescribe test procedures
that are reasonably designed to produce
results which measure 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, by rule and based on clear
and convincing evidence, 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
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and heating equipment, effective
January 8, 2007. 71 FR 71340. DOE
adopted the International Organization
for Standardization (ISO) Standard
13256–1–1998, ‘‘Water-source heat
pumps—Testing and rating for
performance—Part 1: Water-to-air and
brine-to-air heat pumps,’’ for small
commercial package water-source heat
pumps with capacities < 135,000 British
thermal units per hour (Btu/h). Id. at
71371. Pursuant to this rulemaking,
DOE’s regulations under Title 10 of the
Code of Federal Regulations (10 CFR)
431.95(b)(2) incorporate by reference
ARI Standard 340/360–2004, and Table
1 to 10 CFR 431.96 directs
manufacturers of commercial package
water-source 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–WIII multi-split heat
pump products at issue in the waiver
petition filed by Daikin range from
72,000 Btu/hr to 252,000 Btu/hr. The
Daikin products with capacities greater
than 135,000 Btu/hr are not covered by
this waiver because there is no DOE test
procedure for water-source heat pumps
with capacities greater than 135,000
Btu/hr.
DOE’s regulations for covered
products permit a person to seek a
waiver from the test procedure
requirements for covered commercial
equipment if at least one of the
following conditions is met: (1) The
petitioner’s basic model contains one or
more design characteristics which
prevent testing according to the
prescribed test procedures; or (2) 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). Petitioners must include
in their petition any alternate test
procedures known to the petitioner 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). Waivers remain in
effect pursuant to the provisions of 10
CFR 431.401(g).
The waiver process also permits
parties submitting 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
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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 November 9, 2009, Daikin filed a
petition for waiver from the test
procedures at 10 CFR 431.96 applicable
to commercial package water-source
central air conditioners and heat pumps,
as well as an application for interim
waiver. The capacities of the Daikin
VRV–WIII multi-split heat pumps range
from 72,000 Btu/hr to 252,000 Btu/hr,
making the applicable test procedure for
Daikin’s commercial VRV–WIII multisplit heat pumps with capacities less
than 135,000 Btu/hr ISO Standard
13256–1 (1998), which manufacturers
are directed to use pursuant to Table 1
of 10 CFR 431.96.
Daikin seeks a waiver from the
applicable test procedures under 10 CFR
431.96 on the grounds that its VRV–WIII
multi-split heat pumps 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 its multi-split variable speed
products are the same factors stated in
the waivers that DOE granted to
Mitsubishi Electric & Electronics USA,
Inc. (Mitsubishi) and other
manufacturers for similar lines of
commercial multi-split air-conditioning
systems:
• Testing laboratories cannot test
products with so many indoor units;
and
• There are too many possible
combinations of indoor and outdoor
units to test. 69 FR 52660 (August 27,
2004) (Mitsubishi waiver); 72 FR 17528
(April 9, 2007) (Mitsubishi waiver); 72
FR 71387 (Dec. 17, 2007) (Samsung
waiver); 72 FR 71383 (Dec. 17, 2007)
(Fujitsu waiver); 73 FR 39680 (July 10,
2008) (Daikin waiver); 74 FR 15955
(April 8, 2009) (Daikin waiver); 74 FR
16193 (April 9, 2009) (Sanyo waiver); 74
FR 16373 (April 10, 2009) (Daikin
waiver)
The VRV–WIII systems have
operational characteristics similar to the
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commercial multi-split products
manufactured by Mitsubishi, Samsung,
Fujitsu and Sanyo. As indicated above,
DOE has already granted waivers for
these products. The VRV–WIII system
can be connected to the complete range
of Daikin ceiling mounted, concealed,
ducted, corner, cassette, wall-mounted
and floor-mounted and other indoor fan
coil units. Each of these units has nine
different indoor static pressure ratings
as standard, with additional pressure
ratings available. There are over one
million combinations possible with the
Daikin VRV–WIII system. Accordingly,
Daikin requested that DOE grant a
waiver from the applicable test
procedures for its VRV–WIII product
designs, until a suitable test method can
be prescribed.
III. Application for Interim Waiver
On November 9, 2009, in addition to
its petition for waiver, Daikin submitted
to DOE an application for interim
waiver. DOE determined that Daikin’s
application for interim waiver does not
provide sufficient market, equipment
price, shipments, and other
manufacturer impact information to
permit DOE to evaluate the economic
hardship Daikin might experience
absent a favorable determination on its
application for interim waiver. DOE
understands, however, that absent an
interim waiver, Daikin’s products would
not be tested and rated for energy
consumption on an equal basis with
equivalent products where DOE
previously granted waivers, placing
Daikin at a competitive disadvantage.
Furthermore, DOE has determined that
it appears likely that Daikin’s Petition
for Waiver will be granted and that is
desirable for public policy reasons to
grant Daikin immediate relief pending a
determination on the petition for
waiver. DOE believes that it is likely
Daikin’s petition for waiver for the new
VRV–WIII multi-split models will be
granted because, as noted above, DOE
has previously granted a number of
waivers for similar product designs.1
The two principal reasons supporting
the grant of the previous waivers also
apply to Daikin’s VRV–WIII products:
(1) Test laboratories cannot test
products with so many indoor units;
and (2) it is impractical to test so many
combinations of indoor units with each
outdoor unit. In addition, DOE believes
that similar products should be tested
1 DOE notes that it has also previously granted
interim waivers to Fujitsu (70 FR 5980 (Feb. 4,
2005)), Samsung (70 FR 9629 (Feb. 28, 2005)),
Mitsubishi (72 FR 17533 (April 9, 2007)), and
Daikin (72 FR 35986 (July 2, 2007)), for comparable
commercial multi-split air conditioners and heat
pumps.
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and rated for energy consumption on a
comparable basis. For these same
reasons, DOE also determined that it is
desirable for public policy reasons to
grant immediate relief pending a
determination on the petition for
waiver.
Therefore, it is ordered that:
The application for interim waiver
filed by Daikin is hereby granted for
Daikin’s VRV–WIII water-source multisplit heat pumps, subject to the
specifications and conditions below.
1. Daikin shall not be required to test
or rate its VRV–WIII commercial watersource multi-split products on the basis
of the existing test procedure under 10
CFR 431.96, which incorporates by
reference ISO Standard 13256–1 (1998).
2. Daikin shall be required to test and
rate its VRV–WIII commercial watersource multi-split products according to
the alternate test procedure as set forth
in section IV(3), ‘‘Alternate test
procedure.’’
The interim waiver applies to the
following basic model groups:
VRV–WIII Series Outdoor Units:
• Models RWEYQ72PTJU,
RWEYQ84PTJU
• Compatible Indoor Units For Above
Listed Outdoor Units:
Æ FXAQ Series wall mounted indoor
units with nominally rated capacities of
7,000, 9,000, 12,000, 18,000 and 24,000
Btu/hr.
Æ FXLQ Series floor mounted indoor
units with nominally rated capacities of
12,000, 18,000 and 24,000 Btu/hr.
Æ FXNQ Series concealed floor
mounted indoor units with nominally
rated capacities of 12,000, 18,000 and
24,000 Btu/hr.
Æ FXDQ Series low static ducted
indoor units with nominally rated
capacities of 7,000, 9,000, 12,000,
18,000 and 24,000 Btu/hr.
Æ FXSQ Series medium static ducted
indoor units with nominally rated
capacities of 7,000, 9,000, 12,000,
18,000, 24,000, 30,000, 36,000 and
48,000 Btu/hr.
Æ FXMQ–M Series high static ducted
indoor units with nominally rated
capacities of 30,000, 36,000, 48,000,
72,000 and 96,000 Btu/hr.
Æ FXMQ–P Series high static ducted
indoor units with nominally rated
capacities of 7,000, 9,000, 12,0000,
18,000, 24,000, 30,000, 36,000 and
48,000 Btu/hr.
Æ FXMQ–MF Series Outdoor Air
Processing indoor units with nominally
rated capacities of 48,000, 72,000 and
96,000 Btu/hr.
Æ FXTQ–P Series Vertical Air
Handler indoor units with nominally
rated capacities of 12,000, 18,000,
24,000, 30,000, 36,000, 42,000, 48,000
and 54,000 Btu/hr.
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Æ FXZQ Series recessed cassette
indoor units with nominally rated
capacities of 7,000, 9,000, 12,000,
18,000 and 24,000 Btu/hr.
Æ FXFQ Series recessed cassette
indoor units with nominally rated
capacities of 12,000, 18,000, 24,000,
30,000 and 36,000 Btu/hr.
Æ FXHQ Series ceiling suspended
indoor units with nominally rated
capacities of 12,000, 24,000 and 36,000
Btu/hr.
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
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
Responding 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. See 72 FR
17528 and 72 FR 17533. For reasons
similar to those published in these prior
notices, DOE believes that an alternate
test procedure is appropriate in this
instance.
DOE understands that existing testing
facilities have a limited ability to test
multiple indoor units simultaneously,
and the large number of possible
combinations of indoor and outdoor
units for some variable refrigerant flow
zoned systems makes it impractical for
manufacturers 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. The committee has developed
a test procedure which has been
adopted by AHRI–AHRI Standard
1230—2009: ‘‘Performance Rating of
Variable Refrigerant Flow (VRF) MultiSplit Air-Conditioning and Heat Pump
Equipment.’’ This test procedure has not
yet been adopted by ASHRAE 90.1, so
it cannot yet be considered for adoption
by DOE.
Therefore, as discussed below, as a
condition for granting this interim
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waiver to Daikin, DOE is including an
alternate test procedure similar to those
granted to Mitsubishi for its R22 and
R410A products. DOE plans to consider
the same alternate test procedure in the
context of the subsequent Decision and
Order pertaining to Daikin’s petition for
waiver. Use of this alternate test
procedure will allow Daikin to test and
make energy efficiency representations
for its VRV–WIII products. DOE has
applied a similar alternate test
procedure to other waivers for similar
residential and commercial central air
conditioners and heat pumps
manufactured by Mitsubishi (72 FR
17528, April 9, 2007); Samsung (72 FR
71387, Dec. 17, 2007); Fujitsu (72 FR
71383, Dec. 17, 2007); Daikin (73 FR
39680, July 10, 2008); Daikin (74 FR
15955, April 8, 2009); Sanyo (74 FR
16193, April 9, 2009); and Daikin (74 FR
16373, April 10, 2009).
The alternate test procedure
developed in conjunction with the
Mitsubishi waiver permits Daikin to
designate a ‘‘tested combination’’ for
each model of outdoor units. The indoor
units designated as part of the tested
combination must meet specific
requirements. For example, the tested
combination must have from two to five
indoor units so that it can be tested in
available test facilities. The tested
combination must be tested according to
the applicable DOE test procedure, as
modified by the provisions of the
alternate test procedure as set forth
below. The alternate test procedure also
allows manufacturers of such products
to make valid and consistent
representations of energy efficiency for
their air-conditioning and heat pump
products.
DOE plans to consider inclusion of
the following waiver language in the
Decision and Order for Daikin’s VRV–
WIII commercial multi-split watersource heat pump models:
(1) The ‘‘Petition for Waiver’’ filed by
Daikin Electronics, Inc. is hereby
granted as set forth in the paragraphs
below.
(2) Daikin shall not be required to test
or rate its VRV–WIII variable capacity
multi-split heat pump products listed
above in section III, on the basis of the
existing 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
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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–WIII products
covered in this waiver according to the
provisions of subparagraph (C) below.
(B) Tested combination. The term
‘‘tested combination’’ means a sample
basic model comprised of units that are
production units, or are representative
of production units, of the basic model
being tested. For the purposes of this
waiver, the tested combination shall
have the following features:
(1) The basic model of a variable
refrigerant flow 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 cooling
capacity that is between 95% and 105%
of the nominal cooling capacity of the
outdoor unit;
(iii) Not, individually, have a nominal
cooling capacity that is greater than
50% of the nominal cooling capacity of
the outdoor unit;
(iv) Operate at fan speeds that are
consistent with the manufacturer’s
specifications; and
(v) 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–WIII variable
capacity water-source multi-split heat
pump 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:
(1) For VRV–WIII combinations tested
in accordance with this alternate test
procedure, Daikin may make
representations based on these test
results.
(2) For VRV–WIII combinations that
are not tested, Daikin may make
representations based on the testing
results for the tested combination at the
same energy efficiency level as the
tested combination with the same
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outdoor unit and which is consistent
with either of the two following
methods:
(i) Representation of non-tested
combinations according to an
Alternative Rating Method (ARM)
approved by DOE; or
(ii) 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–WIII
commercial multi-split heat pump
products. For the reasons articulated
above, DOE also grants 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’’ that Daikin could use in
lieu of testing all retail combinations of
its VRV–WIII multi-split heat pump
products.
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. The contact information for
the petitioner is: Mr. Akinori Atarashi,
President, Daikin AC (Americas), Inc.,
1645 Wallace Drive, Suite 110,
Carrollton, Texas 75006. 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. DOE
does not accept telefacsimiles (faxes).
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
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deleted. DOE will make its own
determination about the confidential
status of the information and treat it
according to its determination.
Issued in Washington, DC, on January 22,
2010.
Cathy Zoi,
Assistant Secretary, Energy Efficiency and
Renewable Energy.
Daikin AC (Americas), Inc., 1645
Wallace Drive, Suite 110, Carrollton,
TX 75006 USA. TEL: 866–4DAIKIN,
FAX: 972–245–1038,
https://www.daikinac.com
November 9, 2009.
Ms. Catherine Zoi, 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 Zoi:
Daikin AC (Americas) Inc. (DACA)
respectfully petitions the Department of
Energy (DOE) pursuant to 10 CFR
431.401(a)(1) (2009) for a waiver of the
test procedures applicable to
commercial air conditioners and heat
pumps, as established in 10 CFR 431.96
(2009) and ARI Standard 340/360–
2004 2 and ISO Standard 13256–1
(1998) 3, for the Daikin VRV–WIII
system. The specific models for which
DACA requests this waiver in the Daikin
VRV–WIII product class are listed below
in this Petition. DACA seeks a waiver
from the existing central air conditioner
and central air conditioning heat pump
test procedure for the listed Daikin
VRV–WIII systems because the basic
models contain 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
431.401(a)(2) (2009).
Background
DACA is a leading manufacturer of
variable speed and Variable Refrigerant
Volume (VRV) zoning systems that
DACA offers for sale in the North
American market. These products
combine advanced technologies such as
high efficiency variable speed
compressors and fan motors with
electronic expansion valves and other
devices to insure peak operating
2 The AHRI has updated this standard from
version ARI 340/360–2004 to version AHRI 340–
360–2007. However, DOE has not yet updated the
reference to the standard in 10 CFR part 431.
3 Detailed citations to the test procedures for
which DACA is requesting a waiver are included on
page 3 of this petition.
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jlentini on DSKJ8SOYB1PROD with NOTICES
performance of the overall system and
to optimize energy efficiency. DACA has
designed the VRV–WIII systems to
operate in commercial applications, and
this product class employs zoning to
provide users with peak utility of the
system and with significant energy
savings compared to competing
technologies.
General Characteristics of DACA’s
Water Source VRV–WIII Products
DACA’s VRV–WIII system has the
following characteristics and
applications:
• DACA’s water source VRV–WIII is
an air conditioning system that includes
numerous individually controllable
discrete indoor units utilizing water as
a heat source. In this unique system,
water is piped from a cooling tower or
boiler to the VRV–WIII (which is the
equivalent of the outdoor unit of an air
cooled conditioning system). After heat
exchange, refrigerant is piped from the
VRV–WIII to each indoor unit.
• The VRV–WIII system consists of
multi-split, multi-zone units utilizing
one or multiple outdoor units that serve
up to twenty indoor units.
• The VRV–WIII system employs
variable speed technology that matches
system capacity to the current load
thereby utilizing the minimum amount
of energy required for optimal system
operation.
• Due to its multi-zone applications,
each VRV–WIII indoor unit can be
independently controlled with a local
controller allowing the occupant to alter
their environmental condition to meet
their needs. Individually controlled
system functions include temperature,
fan speed and mode of operation.
• The VRV–WIII system can
efficiently operate the compressor at
loads as small as 10% of the rated
capacity of the system, resulting in
significant energy savings.
• Some VRV–WIII products offer a
‘‘heat recovery’’ mode that allows heat
that is absorbed from one indoor zone
(operating in the cooling mode) to be
discharged into another indoor zone
that is calling for heat. This function
reduces the load on the outdoor unit
and improves overall system
performance and utility.
• The VRV–WIII system employs
variable speed indoor and outdoor high
efficiency fan motors to precisely
control operating pressures and airflow
rates.
• The VRV–WIII system uses
electronically controlled expansion
valves to precisely control refrigerant
flow, superheat, sub-cooling, pump
down functions and even oil flow
throughout the system.
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• The VRV–WIII can be applied into
a Geothermal or Ground Source
application for additional energy
savings and use of the renewable energy
in the earth.
Particular Basic Models for Which a
Waiver Is Requested
DACA requests a waiver from the test
procedures for the following VRV–WIII
basic model groups:
• VRV–WIII Series Outdoor Units:
Æ Models RWEYQ72PTJU,
RWEYQ84PTJU, RWEYQ144PTJU,
RWEYQ168PTJU, RWEYQ216PTJU, and
RWEYQ252PTJU with capacities
ranging from 72,000 to 252,000 Btu/hr.
• Compatible Indoor Units For Above
Listed Outdoor Units:
Æ FXAQ Series wall mounted indoor
units with nominally rated capacities of
7,000, 9,000, 12,000, 18,000 and 24,000
Btu/hr.
Æ FXLQ Series floor mounted indoor
units with nominally rated capacities of
12,000, 18,000 and 24,000 Btu/hr.
Æ FXNQ Series concealed floor
mounted indoor units with nominally
rated capacities of 12,000, 18,000 and
24,000 Btu/hr.
Æ FXDQ Series low static ducted
indoor units with nominally rated
capacities of 7,000, 9,000, 12,000,
18,000 and 24,000 Btu/hr.
Æ FXSQ Series medium static ducted
indoor units with nominally rated
capacities of 7,000, 9,000, 12,000,
18,000, 24,000, 30,000, 36,000 and
48,000 Btu/hr.
Æ FXMQ–M Series high static ducted
indoor units with nominally rated
capacities of 30,000, 36,000, 48,000,
72,000 and 96,000 Btu/hr.
Æ FXMQ–P Series high static ducted
indoor units with nominally rated
capacities of 7,000, 9,000, 12,000,
18,000, 24,000, 30,000, 36,000 and
48,000 Btu/hr
Æ FXMQ–MF Series Outdoor Air
Processing indoor units with nominally
rated capacities of 48,000, 72,000 and
96,000 Btu/hr.
Æ FXTQ–P Series Vertical Air
Handler indoor units with nominally
rated capacities of 12,000, 18,000,
24,000, 30,000, 36,000, 42,000, 48,000
and 54,000 Btu/hr
Æ FXZQ Series recessed cassette
indoor units with nominally rated
capacities of 7,000, 9,000, 12,000,
18,000 and 24,000 Btu/hr.
Æ FXFQ Series recessed cassette
indoor units with nominally rated
capacities of 12,000, 18,000, 24,000,
30,000 and 36,000 Btu/hr.
Æ FXHQ Series ceiling suspended
indoor units with nominally rated
capacities of 12,000, 24,000 and 36,000
Btu/hr.
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4799
Design Characteristics Constituting the
Grounds for DACA’s Petition
DACA’s VRV–WIII product offering
consists of multiple indoor units being
connected to a water-cooled outdoor
unit. 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, Wall
Mounted, Ceiling Suspended, and Floor
Standing. DACA is currently developing
additional indoor unit models for future
market introduction. Each of these units
has nine different indoor static pressure
ratings as standard, with additional
pressure ratings available.
There are over one million
combinations possible with the current
DACA VRV–WIII product offering. It is
completely impractical for testing
laboratories to test a product such as the
VRV–WIII with multiple indoor units
because of the astronomical number of
potential system configurations.
DACA’s VRV–WIII products share
many of the design characteristics and
features of DACA’s VRV, VRV–S and
VRV–WIII product lines, and of
Mitsubishi Electric and Electronics
USA, Inc.’s (MEUS) CITY MULTI
product class, for all of which DOE has
previously granted waivers.4 The
principal design characteristic
difference between DACA’s VRV and
VRV–S products, and its VRV–WIII
products, is the method of heat
rejection. Similarly, the method of heat
rejection is the most significant design
characteristic that distinguishes the
basic operation of the VRV–WIII
product class and the MEUS CITY
MULTI product class that has received
a waiver from DOE. Like the VRV–W–
II products for which DOE granted a
waiver, the VRV–WIII products use
water instead of air to reject heat. In
contrast, the VRV and VRV–S products,
as well as MEUS’ CITY MULTI products
use air to reject heat. 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 VRV–WII waiver. DOE stated
the following in the notice granting
DACA a waiver for VRV–WII:
DOE believes that the VRV–WII
Daikin equipment and equipment for
which waivers have previously been
granted [MEUS, Fujitsu General Ltd.
and Samsung] are alike with respect to
4 DOE granted DACA a waiver for its VRV and
VRV–S product lines on July 10, 2008. 73 FR
39,680. DOE granted MEUS a waiver for its CITY
MULTI VRFZ class of products. 69 FR 52,660
(August 27, 2004). DOE also granted DACA a waiver
for its VRV–WII product lines on January 7, 2008.
73 FR 1,213.
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the factors that make them eligible for
test procedure waivers.
74 FR 16,375. Based on these
conclusions, the DOE proceeded to
grant DACA’s VRV–WII waiver request.
Id.
The DACA VRV–WIII system operates
in the same configurations as the VRV–
WII system. The reasons and rationale
that DOE has already articulated to
support previous DACA, MEUS, Sanyo,
and Fujitsu waivers for multi-split,
multi-zoned air conditioners (including
the DACA VRV W–II system) also apply
to the DACA VRV–WIII products.
Therefore, DOE should conclude that
the design characteristics of DACA’s
VRV–WIII product class prevent testing
of the basic VRV–WIII model according
to the prescribed test procedures.
jlentini on DSKJ8SOYB1PROD with NOTICES
Specific Testing Requirements Sought
To Be Waived
The test procedures from which
DACA is requesting a waiver are ARI
Standard 340/360–2004 and ISO
Standard 13256–1 (1998). These
standards, which are 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, are referenced in Table
2 to 10 CFR 431.96, and are made
applicable to DACA’s large commercial
water source VRV–WIII products in 10
CFR 431.96(a).
Detailed Discussion of Need for
Requested Waiver
Although the capacity of DACA’s
VRV–WIII product class is within the
scope of ARI 340/360–2004 and ISO
Standard 13256–1 (1998), the design
characteristics of the VRV–WIII product
class prevent testing of the basic model
according to the prescribed test
procedures. The testing procedures
outlined in these 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
340/360–2004 and ISO Standard 13256–
1 (1998) 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
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16:49 Jan 28, 2010
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340/360–2004 and ISO Standard 13256–
1 (1998) 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).
Yet another problem that prevents
testing of the VRV–WIII product class
under these two 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–WIII in the
United States market:
• Sanyo Fisher (USA) Corp.
• Mitsubishi Electric & Electronics
USA, Inc.
• Fujitsu General America, Inc.
Alternative Test Procedures
DACA proposes that DOE apply the
same alternate test procedure to the
covered VRV–WIII products as DOE
applied to DACA’s VRV–WII products
in the waiver that DOE granted for those
products on April 10, 2009. 74 FR
16,373. The alternate test method
appears on pages 16,375–76 of the VRV–
WII waiver.
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 the VRV–WIII 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 Standard
340/360 can be properly applied to
DACA’s VRV–WIII product class. As
explained above in the DACA’s Petition
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for Waiver, the design characteristics of
the VRV–WIII product class 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–WIII product
class, based on the same rationale put
forth by DACA in this Petition for
Waiver. See preceding discussion of
waivers granted by DOE to 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–WIII
product class 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–WIII
product class. In addition to these
economic hardship costs, DACA will
lose market share to MEUS, especially if
DOE grants MEUS’ pending interim
waiver application for its CITY MULTI
WR2 and WY product classes, which
will compete directly with DACA’s
VRV–WIII product class.
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–WIII product class 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–WIII
product class includes 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
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Federal Register / Vol. 75, No. 19 / Friday, January 29, 2010 / Notices
can bring the new highly energy
efficient technology represented by the
VRV–WIII product class 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–WIII product design, and to
grant its Application for Interim Waiver.
DOE’s failure to issue an interim waiver
from test standards would cause
significant economic hardship 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.
We would be pleased to respond to
any questions you may have regarding
this Petition for Waiver and Application
for Interim Waiver. Please contact Lee
Smith, Director of Product Marketing at
972–245–1510 or by e-mail at
Lee.smith@daikinac.com.
Sincerely,
Akinori Atarashi,
President.
[FR Doc. 2010–1759 Filed 1–28–10; 8:45 am]
BILLING CODE 6450–01–P
DEPARTMENT OF ENERGY
Notice of Availability of the Draft LongTerm Management and Storage of
Elemental Mercury Environmental
Impact Statement and Notice of Public
Hearings
Department of Energy.
Notice of availability.
AGENCY:
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ACTION:
SUMMARY: The Department of Energy
(DOE) announces the availability of the
Draft Long-Term Management and
Storage of Elemental Mercury
Environmental Impact Statement (DOE/
EIS–0423D, ‘‘Draft Mercury Storage EIS’’
or ‘‘Draft EIS’’) for public review and
comment during a public comment
period that extends through March 30,
2010. This Draft EIS has been prepared
in accordance with the implementing
VerDate Nov<24>2008
16:49 Jan 28, 2010
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regulations under the National
Environmental Policy Act (NEPA) and
evaluates the potential health and
environmental effects of storing a
projected total of up to 10,000 metric
tons (11,000 tons) of elemental mercury.
Seven alternative sites across the U.S.
are evaluated. DOE invites the public to
comment through the several avenues
listed under ADDRESSES and
SUPPLEMENTARY INFORMATION. The U.S.
Environmental Protection Agency (EPA)
and the Mesa County (Colorado) Board
of Commissioners are cooperating
agencies on this Draft EIS.
DATES: The public is invited to submit
oral and/or written comments on this
Draft EIS during the public comment
period, which extends through March
30, 2010. DOE will consider all
comments received or postmarked by
that date in preparing the Final EIS,
expected in fall 2010, and will consider
late comments to the extent practicable.
DOE will hold public hearings on the
dates and at the times and locations
listed under SUPPLEMENTARY
INFORMATION below.
ADDRESSES: Written comments on the
Draft Mercury Storage EIS may be
submitted by U.S. mail to the following
address. Mr. David Levenstein, EIS
Document Manager, U.S. Department of
Energy, Draft Mercury Storage EIS
Comments, P.O. Box 2612,
Germantown, Maryland 20874.
Comments may be submitted
electronically via the Mercury Storage
EIS Web site at https://
www.mercurystorageeis.com, where the
Draft EIS can be found, or by faxing tollfree to (877) 274–5462. The Draft EIS is
also available on DOE’s NEPA Web site
at https://www.gc.energy.gov/nepa.
FOR FURTHER INFORMATION CONTACT: For
further information about this Draft EIS,
please contact Mr. Levenstein at the
mailing address or EIS Web site listed
above.
For information regarding the DOE
NEPA process, please contact: Ms. Carol
M. Borgstrom, Director, Office of NEPA
Policy and Compliance (GC–54), U. S.
Department of Energy, 1000
Independence Avenue, SW.,
Washington, DC 20585, Telephone:
(202) 586–4600, or leave a message at
(800) 472–2756.
SUPPLEMENTARY INFORMATION: The
Mercury Export Ban Act (the Act)
prohibits the export of elemental
mercury from the U.S., effective January
1, 2013 (subject to certain essential use
exemptions). Section 5 of the Act, LongTerm Storage, directs DOE to designate
a facility or facilities for the long-term
management and storage of elemental
mercury generated within the U.S. and,
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4801
by January 1, 2013, to have the facility
or facilities operational and ready to
accept custody of such elemental
mercury delivered there.
DOE thus needs to develop a
capability for the safe and secure longterm management and storage of
elemental mercury generated within the
U.S. as required by the Act. To this end,
DOE proposes to select one or more
existing (including modifications if
needed) or new facilities for this
purpose. Facilities to be constructed as
well as existing or modified facilities
must comply with applicable
requirements of Section 5(d) of the Act,
Management Standards for a Facility,
including the requirements of the Solid
Waste Disposal Act, as amended by the
Resource Conservation and Recovery
Act (RCRA). DOE is using the NEPA
process to identify and evaluate
candidate sites for the facility or
facilities. EPA and the Mesa County
(Colorado) Board of Commissioners are
cooperating agencies on the EIS, which
has been prepared pursuant to Council
on Environmental Quality NEPA
implementing regulations at 40 CFR
Parts 1500–1508 and DOE NEPA
Implementing Procedures at 10 CFR Part
1021.
DOE issued a Notice of Intent to
prepare the EIS on July 2, 2009 (74 FR
31723). Comments received during the
subsequent scoping period were
considered in preparing the Draft EIS.
Based on a structured process described
in the Draft EIS, DOE identified seven
government and commercial sites as the
range of reasonable alternatives to be
evaluated in the EIS: DOE Grand
Junction Disposal Site, Grand Junction,
Colorado; DOE Hanford Site, Richland,
Washington; Hawthorne Army Depot,
Hawthorne, Nevada; DOE Idaho
National Laboratory, Idaho Falls, Idaho;
DOE Kansas City Plant, Kansas City,
Missouri; DOE Savannah River Site,
Aiken, South Carolina; and Waste
Control Specialists, LLC, Andrews,
Texas. As required under NEPA, the
Draft EIS also analyzes a No Action
Alternative to serve as a basis for
comparison.
DOE’s evaluation includes the
facilities themselves and their locations,
their construction, facility operations,
and transportation to the storage
facility(ies). Consideration of potential
location includes climate, proximity of
human populations, and environmental
resource areas for each alternative, along
with the potential human health and
socioeconomic impacts. DOE has
identified the Waste Control Specialists,
LLC facility as its preferred alternative.
E:\FR\FM\29JAN1.SGM
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]]>Agencies
[Federal Register Volume 75, Number 19 (Friday, January 29, 2010)]
[Notices]
[Pages 4795-4801]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-1759]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF ENERGY
[Case No. CAC-026]
Energy Conservation Program for Certain Industrial Equipment:
Publication of the Petition for Waiver From Daikin AC (Americas), Inc.
and Granting of the Interim Waiver From the Department of Energy
Commercial Package Water-Source 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.
-----------------------------------------------------------------------
SUMMARY: This notice announces receipt of and publishes a petition for
waiver from Daikin AC (Americas), Inc. (Daikin). The petition for
waiver (hereafter ``petition'') requests a waiver from the U.S.
Department of Energy (DOE) test procedure applicable to commercial
package water-source central air conditioners and heat pumps. The
petition is specific to the Daikin variable capacity VRV-WIII
(commercial) multi-split heat pumps. Through this document, DOE
solicits comments, data, and information with respect to the Daikin
Petition, and announces the grant of an interim waiver to Daikin from
the existing DOE test procedure for the subject commercial water-
source, 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 March 1, 2010.
ADDRESSES: You may submit comments, identified by case number ``CAC-
026,'' by any of the following methods:
Federal eRulemaking Portal: https://www.regulations.gov.
Follow the instructions for submitting comments.
E-mail: AS_Waiver_Requests@ee.doe.gov. Include either
the case number [CAC-026], and/or ``Daikin Petition'' in the subject
line of the message.
Mail: Ms. Brenda Edwards, 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, 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.
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 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: AS_Waiver_Requests@ee.doe.gov.
Ms. Francine Pinto or Mr. Michael Kido, 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) 586-7432 or (202) 586-5827, respectively. E-mail:
Francine.Pinto@hq.doe.gov or Michael.Kido@hq.doe.gov.
SUPPLEMENTARY INFORMATION:
I. Background and Authority
Title III of the Energy Policy and Conservation Act (EPCA) sets
forth a variety of provisions concerning energy efficiency, including
Part A of Title III, which establishes the ``Energy Conservation
Program for Consumer Products Other Than Automobiles.'' (42 U.S.C.
6291-6309) Similar to the program in Part A, Part A-1 of Title III
provides for an energy efficiency program titled, ``Certain Industrial
Equipment,'' which includes commercial air conditioning equipment,
package boilers, water heaters, and other types of commercial
equipment. (42 U.S.C. 6311-6317)
Today's notice involves commercial equipment under Part A-1. Part
A-1 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, Part A-1 authorizes the Secretary of Energy
(the Secretary) to prescribe test procedures that are reasonably
designed to produce results which measure 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, by rule and
based on clear and convincing evidence, 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
[[Page 4796]]
and heating equipment, effective January 8, 2007. 71 FR 71340. DOE
adopted the International Organization for Standardization (ISO)
Standard 13256-1-1998, ``Water-source heat pumps--Testing and rating
for performance--Part 1: Water-to-air and brine-to-air heat pumps,''
for small commercial package water-source heat pumps with capacities <
135,000 British thermal units per hour (Btu/h). Id. at 71371. Pursuant
to this rulemaking, DOE's regulations under Title 10 of the Code of
Federal Regulations (10 CFR) 431.95(b)(2) incorporate by reference ARI
Standard 340/360-2004, and Table 1 to 10 CFR 431.96 directs
manufacturers of commercial package water-source 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-WIII multi-split heat pump products at issue in the
waiver petition filed by Daikin range from 72,000 Btu/hr to 252,000
Btu/hr. The Daikin products with capacities greater than 135,000 Btu/hr
are not covered by this waiver because there is no DOE test procedure
for water-source heat pumps with capacities greater than 135,000 Btu/
hr.
DOE's regulations for covered products permit a person to seek a
waiver from the test procedure requirements for covered commercial
equipment if at least one of the following conditions is met: (1) The
petitioner's basic model contains one or more design characteristics
which prevent testing according to the prescribed test procedures; or
(2) 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).
Petitioners must include in their petition any alternate test
procedures known to the petitioner 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). Waivers remain in effect pursuant to the provisions of
10 CFR 431.401(g).
The waiver process also permits parties submitting 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 November 9, 2009, Daikin filed a petition for waiver from the
test procedures at 10 CFR 431.96 applicable to commercial package
water-source central air conditioners and heat pumps, as well as an
application for interim waiver. The capacities of the Daikin VRV-WIII
multi-split heat pumps range from 72,000 Btu/hr to 252,000 Btu/hr,
making the applicable test procedure for Daikin's commercial VRV-WIII
multi-split heat pumps with capacities less than 135,000 Btu/hr ISO
Standard 13256-1 (1998), which manufacturers are directed to use
pursuant to Table 1 of 10 CFR 431.96.
Daikin seeks a waiver from the applicable test procedures under 10
CFR 431.96 on the grounds that its VRV-WIII multi-split heat pumps
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 its multi-split variable speed
products are the same factors stated in the waivers that DOE granted to
Mitsubishi Electric & Electronics USA, Inc. (Mitsubishi) and other
manufacturers for similar lines of commercial multi-split air-
conditioning systems:
Testing laboratories cannot test products with so many
indoor units; and
There are too many possible combinations of indoor and
outdoor units to test. 69 FR 52660 (August 27, 2004) (Mitsubishi
waiver); 72 FR 17528 (April 9, 2007) (Mitsubishi waiver); 72 FR 71387
(Dec. 17, 2007) (Samsung waiver); 72 FR 71383 (Dec. 17, 2007) (Fujitsu
waiver); 73 FR 39680 (July 10, 2008) (Daikin waiver); 74 FR 15955
(April 8, 2009) (Daikin waiver); 74 FR 16193 (April 9, 2009) (Sanyo
waiver); 74 FR 16373 (April 10, 2009) (Daikin waiver)
The VRV-WIII systems have operational characteristics similar to
the commercial multi-split products manufactured by Mitsubishi,
Samsung, Fujitsu and Sanyo. As indicated above, DOE has already granted
waivers for these products. The VRV-WIII system can be connected to the
complete range of Daikin ceiling mounted, concealed, ducted, corner,
cassette, wall-mounted and floor-mounted and other indoor fan coil
units. Each of these units has nine different indoor static pressure
ratings as standard, with additional pressure ratings available. There
are over one million combinations possible with the Daikin VRV-WIII
system. Accordingly, Daikin requested that DOE grant a waiver from the
applicable test procedures for its VRV-WIII product designs, until a
suitable test method can be prescribed.
III. Application for Interim Waiver
On November 9, 2009, in addition to its petition for waiver, Daikin
submitted to DOE an application for interim waiver. DOE determined that
Daikin's application for interim waiver does not provide sufficient
market, equipment price, shipments, and other manufacturer impact
information to permit DOE to evaluate the economic hardship Daikin
might experience absent a favorable determination on its application
for interim waiver. DOE understands, however, that absent an interim
waiver, Daikin's products would not be tested and rated for energy
consumption on an equal basis with equivalent products where DOE
previously granted waivers, placing Daikin at a competitive
disadvantage. Furthermore, DOE has determined that it appears likely
that Daikin's Petition for Waiver will be granted and that is desirable
for public policy reasons to grant Daikin immediate relief pending a
determination on the petition for waiver. DOE believes that it is
likely Daikin's petition for waiver for the new VRV-WIII multi-split
models will be granted because, as noted above, DOE has previously
granted a number of waivers for similar product designs.\1\ The two
principal reasons supporting the grant of the previous waivers also
apply to Daikin's VRV-WIII products: (1) Test laboratories cannot test
products with so many indoor units; and (2) it is impractical to test
so many combinations of indoor units with each outdoor unit. In
addition, DOE believes that similar products should be tested
[[Page 4797]]
and rated for energy consumption on a comparable basis. For these same
reasons, DOE also determined that it is desirable for public policy
reasons to grant immediate relief pending a determination on the
petition for waiver.
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\1\ DOE notes that it has also previously granted interim
waivers to Fujitsu (70 FR 5980 (Feb. 4, 2005)), Samsung (70 FR 9629
(Feb. 28, 2005)), Mitsubishi (72 FR 17533 (April 9, 2007)), and
Daikin (72 FR 35986 (July 2, 2007)), for comparable commercial
multi-split air conditioners and heat pumps.
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Therefore, it is ordered that:
The application for interim waiver filed by Daikin is hereby
granted for Daikin's VRV-WIII water-source multi-split heat pumps,
subject to the specifications and conditions below.
1. Daikin shall not be required to test or rate its VRV-WIII
commercial water-source multi-split products on the basis of the
existing test procedure under 10 CFR 431.96, which incorporates by
reference ISO Standard 13256-1 (1998).
2. Daikin shall be required to test and rate its VRV-WIII
commercial water-source multi-split products according to the alternate
test procedure as set forth in section IV(3), ``Alternate test
procedure.''
The interim waiver applies to the following basic model groups:
VRV-WIII Series Outdoor Units:
Models RWEYQ72PTJU, RWEYQ84PTJU
Compatible Indoor Units For Above Listed Outdoor Units:
[cir] FXAQ Series wall mounted indoor units with nominally rated
capacities of 7,000, 9,000, 12,000, 18,000 and 24,000 Btu/hr.
[cir] FXLQ Series floor mounted indoor units with nominally rated
capacities of 12,000, 18,000 and 24,000 Btu/hr.
[cir] FXNQ Series concealed floor mounted indoor units with
nominally rated capacities of 12,000, 18,000 and 24,000 Btu/hr.
[cir] FXDQ Series low static ducted indoor units with nominally
rated capacities of 7,000, 9,000, 12,000, 18,000 and 24,000 Btu/hr.
[cir] FXSQ Series medium static ducted indoor units with nominally
rated capacities of 7,000, 9,000, 12,000, 18,000, 24,000, 30,000,
36,000 and 48,000 Btu/hr.
[cir] FXMQ-M Series high static ducted indoor units with nominally
rated capacities of 30,000, 36,000, 48,000, 72,000 and 96,000 Btu/hr.
[cir] FXMQ-P Series high static ducted indoor units with nominally
rated capacities of 7,000, 9,000, 12,0000, 18,000, 24,000, 30,000,
36,000 and 48,000 Btu/hr.
[cir] FXMQ-MF Series Outdoor Air Processing indoor units with
nominally rated capacities of 48,000, 72,000 and 96,000 Btu/hr.
[cir] FXTQ-P Series Vertical Air Handler indoor units with
nominally rated capacities of 12,000, 18,000, 24,000, 30,000, 36,000,
42,000, 48,000 and 54,000 Btu/hr.
[cir] FXZQ Series recessed cassette indoor units with nominally
rated capacities of 7,000, 9,000, 12,000, 18,000 and 24,000 Btu/hr.
[cir] FXFQ Series recessed cassette indoor units with nominally
rated capacities of 12,000, 18,000, 24,000, 30,000 and 36,000 Btu/hr.
[cir] FXHQ Series ceiling suspended indoor units with nominally
rated capacities of 12,000, 24,000 and 36,000 Btu/hr.
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 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
Responding 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. See 72 FR
17528 and 72 FR 17533. For reasons similar to those published in these
prior notices, DOE believes that an alternate test procedure is
appropriate in this instance.
DOE understands that existing testing facilities have a limited
ability to test multiple indoor units simultaneously, and the large
number of possible combinations of indoor and outdoor units for some
variable refrigerant flow zoned systems makes it impractical for
manufacturers 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. The
committee has developed a test procedure which has been adopted by
AHRI-AHRI Standard 1230--2009: ``Performance Rating of Variable
Refrigerant Flow (VRF) Multi-Split Air-Conditioning and Heat Pump
Equipment.'' This test procedure has not yet been adopted by ASHRAE
90.1, so it cannot yet be considered for adoption by DOE.
Therefore, as discussed below, as a condition for granting this
interim waiver to Daikin, DOE is including an alternate test procedure
similar to those granted to Mitsubishi for its R22 and R410A products.
DOE plans to consider the same alternate test procedure in the context
of the subsequent Decision and Order pertaining to Daikin's petition
for waiver. Use of this alternate test procedure will allow Daikin to
test and make energy efficiency representations for its VRV-WIII
products. DOE has applied a similar alternate test procedure to other
waivers for similar residential and commercial central air conditioners
and heat pumps manufactured by Mitsubishi (72 FR 17528, April 9, 2007);
Samsung (72 FR 71387, Dec. 17, 2007); Fujitsu (72 FR 71383, Dec. 17,
2007); Daikin (73 FR 39680, July 10, 2008); Daikin (74 FR 15955, April
8, 2009); Sanyo (74 FR 16193, April 9, 2009); and Daikin (74 FR 16373,
April 10, 2009).
The alternate test procedure developed in conjunction with the
Mitsubishi waiver permits Daikin to designate a ``tested combination''
for each model of outdoor units. The indoor units designated as part of
the tested combination must meet specific requirements. For example,
the tested combination must have from two to five indoor units so that
it can be tested in available test facilities. The tested combination
must be tested according to the applicable DOE test procedure, as
modified by the provisions of the alternate test procedure as set forth
below. The alternate test procedure also allows manufacturers of such
products to make valid and consistent representations of energy
efficiency for their air-conditioning and heat pump products.
DOE plans to consider inclusion of the following waiver language in
the Decision and Order for Daikin's VRV-WIII commercial multi-split
water-source heat pump models:
(1) The ``Petition for Waiver'' filed by Daikin Electronics, Inc.
is hereby granted as set forth in the paragraphs below.
(2) Daikin shall not be required to test or rate its VRV-WIII
variable capacity multi-split heat pump products listed above in
section III, on the basis of the existing 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
[[Page 4798]]
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-WIII
products covered in this waiver according to the provisions of
subparagraph (C) below.
(B) Tested combination. The term ``tested combination'' means a
sample basic model comprised of units that are production units, or are
representative of production units, of the basic model being tested.
For the purposes of this waiver, the tested combination shall have the
following features:
(1) The basic model of a variable refrigerant flow 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 cooling capacity that is between 95%
and 105% of the nominal cooling capacity of the outdoor unit;
(iii) Not, individually, have a nominal cooling capacity that is
greater than 50% of the nominal cooling capacity of the outdoor unit;
(iv) Operate at fan speeds that are consistent with the
manufacturer's specifications; and
(v) 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-WIII variable capacity water-source multi-split
heat pump 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:
(1) For VRV-WIII combinations tested in accordance with this
alternate test procedure, Daikin may make representations based on
these test results.
(2) For VRV-WIII combinations that are not tested, Daikin may make
representations based on the testing results for the tested combination
at the same energy efficiency level as the tested combination with the
same outdoor unit and which is consistent with either of the two
following methods:
(i) Representation of non-tested combinations according to an
Alternative Rating Method (ARM) approved by DOE; or
(ii) 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-WIII commercial multi-split heat pump products. For the reasons
articulated above, DOE also grants 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'' that Daikin could use in lieu of testing all
retail combinations of its VRV-WIII multi-split heat pump products.
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. The contact information for the petitioner is: Mr. Akinori
Atarashi, President, Daikin AC (Americas), Inc., 1645 Wallace Drive,
Suite 110, Carrollton, Texas 75006. 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. DOE does not accept telefacsimiles
(faxes).
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.
Issued in Washington, DC, on January 22, 2010.
Cathy Zoi,
Assistant Secretary, Energy Efficiency and Renewable Energy.
Daikin AC (Americas), Inc., 1645 Wallace Drive, Suite 110, Carrollton,
TX 75006 USA. TEL: 866-4DAIKIN, FAX: 972-245-1038,
https://www.daikinac.com
November 9, 2009.
Ms. Catherine Zoi, 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 Zoi:
Daikin AC (Americas) Inc. (DACA) respectfully petitions the
Department of Energy (DOE) pursuant to 10 CFR 431.401(a)(1) (2009) for
a waiver of the test procedures applicable to commercial air
conditioners and heat pumps, as established in 10 CFR 431.96 (2009) and
ARI Standard 340/360-2004 \2\ and ISO Standard 13256-1 (1998) \3\, for
the Daikin VRV-WIII system. The specific models for which DACA requests
this waiver in the Daikin VRV-WIII product class are listed below in
this Petition. DACA seeks a waiver from the existing central air
conditioner and central air conditioning heat pump test procedure for
the listed Daikin VRV-WIII systems because the basic models contain
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 431.401(a)(2)
(2009).
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\2\ The AHRI has updated this standard from version ARI 340/360-
2004 to version AHRI 340-360-2007. However, DOE has not yet updated
the reference to the standard in 10 CFR part 431.
\3\ Detailed citations to the test procedures for which DACA is
requesting a waiver are included on page 3 of this petition.
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Background
DACA is a leading manufacturer of variable speed and Variable
Refrigerant Volume (VRV) zoning systems that DACA offers for sale in
the North American market. These products combine advanced technologies
such as high efficiency variable speed compressors and fan motors with
electronic expansion valves and other devices to insure peak operating
[[Page 4799]]
performance of the overall system and to optimize energy efficiency.
DACA has designed the VRV-WIII systems to operate in commercial
applications, and this product class employs zoning to provide users
with peak utility of the system and with significant energy savings
compared to competing technologies.
General Characteristics of DACA's Water Source VRV-WIII Products
DACA's VRV-WIII system has the following characteristics and
applications:
DACA's water source VRV-WIII is an air conditioning system
that includes numerous individually controllable discrete indoor units
utilizing water as a heat source. In this unique system, water is piped
from a cooling tower or boiler to the VRV-WIII (which is the equivalent
of the outdoor unit of an air cooled conditioning system). After heat
exchange, refrigerant is piped from the VRV-WIII to each indoor unit.
The VRV-WIII system consists of multi-split, multi-zone
units utilizing one or multiple outdoor units that serve up to twenty
indoor units.
The VRV-WIII system employs variable speed technology that
matches system capacity to the current load thereby utilizing the
minimum amount of energy required for optimal system operation.
Due to its multi-zone applications, each VRV-WIII indoor
unit can be independently controlled with a local controller allowing
the occupant to alter their environmental condition to meet their
needs. Individually controlled system functions include temperature,
fan speed and mode of operation.
The VRV-WIII system can efficiently operate the compressor
at loads as small as 10% of the rated capacity of the system, resulting
in significant energy savings.
Some VRV-WIII products offer a ``heat recovery'' mode that
allows heat that is absorbed from one indoor zone (operating in the
cooling mode) to be discharged into another indoor zone that is calling
for heat. This function reduces the load on the outdoor unit and
improves overall system performance and utility.
The VRV-WIII system employs variable speed indoor and
outdoor high efficiency fan motors to precisely control operating
pressures and airflow rates.
The VRV-WIII system uses electronically controlled
expansion valves to precisely control refrigerant flow, superheat, sub-
cooling, pump down functions and even oil flow throughout the system.
The VRV-WIII can be applied into a Geothermal or Ground
Source application for additional energy savings and use of the
renewable energy in the earth.
Particular Basic Models for Which a Waiver Is Requested
DACA requests a waiver from the test procedures for the following
VRV-WIII basic model groups:
VRV-WIII Series Outdoor Units:
[cir] Models RWEYQ72PTJU, RWEYQ84PTJU, RWEYQ144PTJU, RWEYQ168PTJU,
RWEYQ216PTJU, and RWEYQ252PTJU with capacities ranging from 72,000 to
252,000 Btu/hr.
Compatible Indoor Units For Above Listed Outdoor Units:
[cir] FXAQ Series wall mounted indoor units with nominally rated
capacities of 7,000, 9,000, 12,000, 18,000 and 24,000 Btu/hr.
[cir] FXLQ Series floor mounted indoor units with nominally rated
capacities of 12,000, 18,000 and 24,000 Btu/hr.
[cir] FXNQ Series concealed floor mounted indoor units with
nominally rated capacities of 12,000, 18,000 and 24,000 Btu/hr.
[cir] FXDQ Series low static ducted indoor units with nominally
rated capacities of 7,000, 9,000, 12,000, 18,000 and 24,000 Btu/hr.
[cir] FXSQ Series medium static ducted indoor units with nominally
rated capacities of 7,000, 9,000, 12,000, 18,000, 24,000, 30,000,
36,000 and 48,000 Btu/hr.
[cir] FXMQ-M Series high static ducted indoor units with nominally
rated capacities of 30,000, 36,000, 48,000, 72,000 and 96,000 Btu/hr.
[cir] FXMQ-P Series high static ducted indoor units with nominally
rated capacities of 7,000, 9,000, 12,000, 18,000, 24,000, 30,000,
36,000 and 48,000 Btu/hr
[cir] FXMQ-MF Series Outdoor Air Processing indoor units with
nominally rated capacities of 48,000, 72,000 and 96,000 Btu/hr.
[cir] FXTQ-P Series Vertical Air Handler indoor units with
nominally rated capacities of 12,000, 18,000, 24,000, 30,000, 36,000,
42,000, 48,000 and 54,000 Btu/hr
[cir] FXZQ Series recessed cassette indoor units with nominally
rated capacities of 7,000, 9,000, 12,000, 18,000 and 24,000 Btu/hr.
[cir] FXFQ Series recessed cassette indoor units with nominally
rated capacities of 12,000, 18,000, 24,000, 30,000 and 36,000 Btu/hr.
[cir] FXHQ Series ceiling suspended indoor units with nominally
rated capacities of 12,000, 24,000 and 36,000 Btu/hr.
Design Characteristics Constituting the Grounds for DACA's Petition
DACA's VRV-WIII product offering consists of multiple indoor units
being connected to a water-cooled outdoor unit. 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, Wall Mounted, Ceiling Suspended, and Floor Standing. DACA is
currently developing additional indoor unit models for future market
introduction. Each of these units has nine different indoor static
pressure ratings as standard, with additional pressure ratings
available.
There are over one million combinations possible with the current
DACA VRV-WIII product offering. It is completely impractical for
testing laboratories to test a product such as the VRV-WIII with
multiple indoor units because of the astronomical number of potential
system configurations.
DACA's VRV-WIII products share many of the design characteristics
and features of DACA's VRV, VRV-S and VRV-WIII product lines, and of
Mitsubishi Electric and Electronics USA, Inc.'s (MEUS) CITY MULTI
product class, for all of which DOE has previously granted waivers.\4\
The principal design characteristic difference between DACA's VRV and
VRV-S products, and its VRV-WIII products, is the method of heat
rejection. Similarly, the method of heat rejection is the most
significant design characteristic that distinguishes the basic
operation of the VRV-WIII product class and the MEUS CITY MULTI product
class that has received a waiver from DOE. Like the VRV-W-II products
for which DOE granted a waiver, the VRV-WIII products use water instead
of air to reject heat. In contrast, the VRV and VRV-S products, as well
as MEUS' CITY MULTI products use air to reject heat. The same testing
constraints and limitations apply to all of these products.
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\4\ DOE granted DACA a waiver for its VRV and VRV-S product
lines on July 10, 2008. 73 FR 39,680. DOE granted MEUS a waiver for
its CITY MULTI VRFZ class of products. 69 FR 52,660 (August 27,
2004). DOE also granted DACA a waiver for its VRV-WII product lines
on January 7, 2008. 73 FR 1,213.
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The DOE relied on similar rationales to grant MEUS' petition for
waiver and DACA's VRV-WII waiver. DOE stated the following in the
notice granting DACA a waiver for VRV-WII:
DOE believes that the VRV-WII Daikin equipment and equipment for
which waivers have previously been granted [MEUS, Fujitsu General Ltd.
and Samsung] are alike with respect to
[[Page 4800]]
the factors that make them eligible for test procedure waivers.
74 FR 16,375. Based on these conclusions, the DOE proceeded to
grant DACA's VRV-WII waiver request. Id.
The DACA VRV-WIII system operates in the same configurations as the
VRV-WII system. The reasons and rationale that DOE has already
articulated to support previous DACA, MEUS, Sanyo, and Fujitsu waivers
for multi-split, multi-zoned air conditioners (including the DACA VRV
W-II system) also apply to the DACA VRV-WIII products. Therefore, DOE
should conclude that the design characteristics of DACA's VRV-WIII
product class prevent testing of the basic VRV-WIII model 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
Standard 340/360-2004 and ISO Standard 13256-1 (1998). These standards,
which are 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, are referenced in Table 2 to 10 CFR 431.96, and are
made applicable to DACA's large commercial water source VRV-WIII
products in 10 CFR 431.96(a).
Detailed Discussion of Need for Requested Waiver
Although the capacity of DACA's VRV-WIII product class is within
the scope of ARI 340/360-2004 and ISO Standard 13256-1 (1998), the
design characteristics of the VRV-WIII product class prevent testing of
the basic model according to the prescribed test procedures. The
testing procedures outlined in these 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
340/360-2004 and ISO Standard 13256-1 (1998) 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 340/360-2004 and ISO Standard 13256-1 (1998) 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).
Yet another problem that prevents testing of the VRV-WIII product
class under these two 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-WIII in
the United States market:
Sanyo Fisher (USA) Corp.
Mitsubishi Electric & Electronics USA, Inc.
Fujitsu General America, Inc.
Alternative Test Procedures
DACA proposes that DOE apply the same alternate test procedure to
the covered VRV-WIII products as DOE applied to DACA's VRV-WII products
in the waiver that DOE granted for those products on April 10, 2009. 74
FR 16,373. The alternate test method appears on pages 16,375-76 of the
VRV-WII waiver.
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 the
VRV-WIII 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 Standard 340/360 can be properly
applied to DACA's VRV-WIII product class. As explained above in the
DACA's Petition for Waiver, the design characteristics of the VRV-WIII
product class 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-WIII product class,
based on the same rationale put forth by DACA in this Petition for
Waiver. See preceding discussion of waivers granted by DOE to 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-WIII product class
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-WIII product
class. In addition to these economic hardship costs, DACA will lose
market share to MEUS, especially if DOE grants MEUS' pending interim
waiver application for its CITY MULTI WR2 and WY product classes, which
will compete directly with DACA's VRV-WIII product class.
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-WIII product class 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-WIII product class
includes 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
[[Page 4801]]
can bring the new highly energy efficient technology represented by the
VRV-WIII product class 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-WIII product design, and to grant its Application for
Interim Waiver. DOE's failure to issue an interim waiver from test
standards would cause significant economic hardship 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.
We would be pleased to respond to any questions you may have
regarding this Petition for Waiver and Application for Interim Waiver.
Please contact Lee Smith, Director of Product Marketing at 972-245-1510
or by e-mail at Lee.smith@daikinac.com.
Sincerely,
Akinori Atarashi,
President.
[FR Doc. 2010-1759 Filed 1-28-10; 8:45 am]
BILLING CODE 6450-01-P
