Petition for Waiver From DaikinAC (Americas) Inc. and Granting of the Interim Waiver From the Department of Energy Commercial Package Air Conditioner and Heat Pump Test Procedure, 19069-19076 [2011-8220]
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Federal Register / Vol. 76, No. 66 / Wednesday, April 6, 2011 / Notices
which authorized CPM to transmit
electric energy from the United States to
Canada as a power marketer for a twoyear term using existing international
transmission facilities. DOE renewed
the CPM export authorization two
additional times: On July 3, 2001 in
Order No. EA–209–A and on May 31,
2006 in Order No. EA–209–B. Order No.
EA–209–B will expire on May 31, 2011.
On February 14, 2011, CPM filed an
application with DOE for renewal of the
export authority contained in Order No.
EA–209–B for an additional five-year
Dated: March 28, 2011.
term.
Timothy J. Meeks,
The electric energy that CPM
Administrator.
proposes to export to Canada would be
[FR Doc. 2011–8159 Filed 4–5–11; 8:45 am]
surplus energy purchased from electric
BILLING CODE 6450–01–P
utilities, Federal power marketing
agencies, and other entities within the
United States. The existing international
DEPARTMENT OF ENERGY
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[OE Docket No. EA–209–C]
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AGENCY: Office of Electricity Delivery
and Energy Reliability, DOE.
Procedural Matters: Any person
desiring to become a party to these
ACTION: Notice of application.
proceedings or to be heard by filing
SUMMARY: Cargill Power Markets, LLC
comments or protests to this application
(CPM) has applied to renew its authority should file a petition to intervene,
to transmit electric energy from the
comment, or protest at the address
United States to Canada pursuant to
provided above in accordance with
section 202(e) of the Federal Power Act
§§ 385.211 or 385.214 of the Federal
(FPA).
Energy Regulatory Commission’s Rules
of Practice and Procedures (18 CFR
DATES: Comments, protests, or requests
385.211, 385.214). Fifteen copies of each
to intervene must be submitted to DOE
petition and protest should be filed with
and received on or before May 6, 2011.
DOE and must be received on or before
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the date listed above.
requests to intervene should be
addressed to: Christopher Lawrence,
Comments on the CPM application to
Office of Electricity Delivery and Energy export electric energy to Canada should
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be clearly marked with OE Docket No.
Department of Energy, 1000
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Washington, DC 20585–0350. Because
President, Cargill Power Markets, LLC,
of delays in handling conventional mail, 9350 Excelsior Blvd., MS 150, Hopkins,
it is recommended that documents be
MN 55343. A final decision will be
transmitted by overnight mail, by
made on this application after the
electronic mail to
environmental impacts have been
Christopher.Lawrence@hq.doe.gov, or by evaluated pursuant to DOE’s National
facsimile to 202–586–8008.
Environmental Policy Act Implementing
Procedures (10 CFR Part 1021) and after
FOR FURTHER INFORMATION CONTACT:
a determination is made by DOE that the
Christopher Lawrence (Program Office)
proposed action will not have an
202–586–5260.
adverse impact on the reliability of the
SUPPLEMENTARY INFORMATION: Exports of
U.S. electric power supply system.
electricity from the United States to a
Copies of this application will be
foreign country are regulated by the
Department of Energy (DOE) pursuant to made available, upon request, for public
inspection and copying at the address
sections 301(b) and 402(f) of the
provided above, by accessing the
Department of Energy Organization Act
program Web site at https://
(42 U.S.C. 7151(b), 7172(f)) and require
www.oe.energy.gov/permits
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_pending.htm, or by e-mailing Odessa
the FPA (16 U.S.C. 824a(e)).
Hopkins at
On June 24, 1999, the Department of
Energy (DOE) issued Order No. EA–209, Odessa.Hopkins@hq.doe.gov.
mstockstill on DSKH9S0YB1PROD with NOTICES
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19069
Issued in Washington, DC, on March 30,
2011.
Anthony J. Como,
Director, Permitting and Siting, Office of
Electricity Delivery and Energy Reliability.
[FR Doc. 2011–8178 Filed 4–5–11; 8:45 am]
BILLING CODE 6450–01–P
DEPARTMENT OF ENERGY
Office of Energy Efficiency and
Renewable Energy
[Case No. CAC–029]
Petition for Waiver From DaikinAC
(Americas) Inc. and Granting of the
Interim Waiver From the Department of
Energy Commercial Package Air
Conditioner and Heat Pump Test
Procedure
Office of Energy Efficiency and
Renewable Energy, Department of
Energy.
ACTION: Notice of petition for waiver,
granting of application for interim
waiver, and request for comments.
AGENCY:
This notice announces receipt
of and publishes a petition for waiver
from DaikinAC (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 air-source central air
conditioners and heat pumps. The
petition is specific to the Daikin variable
capacity VRV III–PB variable refrigerant
flow (VRF) commercial multi-split heat
pumps (‘‘VRV III–PB 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 multi-split heat
pumps.
SUMMARY:
DOE will accept comments, data,
and information with respect to the
Daikin petition until, but no later than
May 6, 2011.
ADDRESSES: You may submit comments,
identified by case number ‘‘CAC–029,’’
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 the case number [CAC–029] 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.,
DATES:
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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 on 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. Jennifer Tiedeman, U.S.
Department of Energy, Office of the
General Counsel, Mail Stop GC–71,
Forrestal Building, 1000 Independence
Avenue, SW., Washington, DC 20585–
0103. Telephone: (202) 287–6111. Email: Jennifer.Tiedeman@hq.doe.gov.
SUPPLEMENTARY INFORMATION:
I. Background and Authority
Title III, part C of the Energy Policy
and Conservation Act of 1975 (EPCA),
Public Law 94–163 (42 U.S.C. 6311–
6317, as codified), added by Public Law
95–619, Title V, § 441(a), established the
Energy Conservation Program for
Certain Industrial Equipment, a program
covering certain industrial equipment,
which includes the VRV III–PB variable
refrigerant flow (VRF) commercial
multi-split heat pumps (‘‘VRV III–PB
multi-split heat pumps’’) that are the
focus of this notice.1 Part C specifically
includes definitions (42 U.S.C. 6311),
test procedures (42 U.S.C. 6314),
labeling provisions (42 U.S.C. 6315),
energy conservation standards (42
U.S.C. 6313), and the authority to
require information and reports from
1 For editorial reasons, upon codification in the
U.S. Code, part C was re-designated part A–1.
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manufacturers. 42 U.S.C. 6316. With
respect to test procedures, part C
authorizes the Secretary of Energy (the
Secretary) to prescribe test procedures
that are reasonably designed to produce
results that 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
and heating equipment, effective
January 8, 2007. 71 FR 71340. For
commercial air-source heat pumps, DOE
adopted ARI Standard 340/360–2004.
Table 1 to Title 10 of the Code of
Federal Regulations (10 CFR) 431.96
directs manufacturers of commercial
package air conditioning and heating
equipment to use the appropriate
procedure when measuring energy
efficiency of those products. The
cooling capacities of Daikin’s VRV III–
PB multi-split heat pumps at issue in
the waiver petition filed by Daikin range
from 72,000 Btu/h to 360,000 Btu/h. All
of this equipment is covered by ARI
Standard 340/360–2004, which includes
units with capacities greater than 65,000
Btu/hour.
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 that 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
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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 180
days or until DOE issues its
determination on the petition for
waiver, whichever occurs first. It may be
extended by DOE for an additional 180
days. 10 CFR 431.401(e)(4).
II. Petition for Waiver
On November 22, 2010, Daikin filed a
petition for waiver from the test
procedure at 10 CFR 431.96 applicable
to commercial package air source
central air conditioners and heat pumps,
as well as an application for interim
waiver. The capacities of Daikin’s VRV
III–PB multi-split heat pumps range
from 72,000 Btu/h to 360,000 Btu/h. The
applicable test procedure for
commercial air-source heat pumps is
ARI 340/360–2004. Manufacturers are
directed to use these test procedures
pursuant to Table 1 of 10 CFR 431.96.
Daikin seeks a waiver from the
applicable test procedure under 10 CFR
431.96 on the grounds that its VRV III–
PB multi-split heat pumps contain
design characteristics that prevent
testing according to the current DOE test
procedure. 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
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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) (Daikin waiver);
74 FR 16373 (April 10, 2009) (Daikin
waiver).
The VRV III–PB multi-split heat pump
systems have operational characteristics
similar to the commercial multi-split
products manufactured by Mitsubishi,
Samsung, Fujitsu and Daikin. As
indicated above, DOE has already
granted waivers for this equipment. The
VRV III–PB multi-split heat pump
system consists of multiple indoor units
connected to an air-cooled outdoor unit.
The indoor units for this equipment are
available in a very large number of
potential configurations, including:
4–Way Cassette, Wall Mounted, Ceiling
Suspended, Floor Standing, Ceiling
Concealed, and Multi Position AHU.
There are over one million
combinations possible with the current
Daikin VRV III–PB product offerings. It
is impractical for testing laboratories to
test this equipment because of the
number of potential system
configurations. Consequently, Daikin
requested that DOE grant a waiver from
the applicable test procedure for its VRV
III–PB multi-split heat pump equipment
designs until a suitable test method can
be prescribed.
III. Application for Interim Waiver
On November 22, 2010, Daikin also
submitted an application for an interim
waiver. DOE has 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 an interim waiver. DOE
understands, however, that if it did not
issue an interim waiver, Daikin’s
equipment would not be tested and
rated for energy consumption on an
equal basis with equivalent equipment
for which DOE has previously granted
waivers. This would place Daikin at a
competitive disadvantage. Furthermore,
DOE has determined that it appears
likely that Daikin’s petition for waiver
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will be granted and that it 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 III–PB multi-split heat pump
models will be granted because, as
noted above, DOE has previously
granted a number of waivers for similar
product designs.2 The two principal
reasons supporting the grant of the
previous waivers also apply to Daikin’s
VRV III–PB multi-split heat pump
equipment: (1) Test laboratories cannot
test equipment 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 equipment should
be tested 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 III–PB multi-split heat
pumps, subject to the specifications and
conditions below.
1. Daikin shall not be required to test
or rate its VRV III–PB multi-split heat
pump equipment on the basis of the
existing test procedures under 10 CFR
431.96, which incorporates by reference
ARI 340/360–2004.
2. Daikin shall be required to test and
rate its VRV III–PB multi-split heat
pump equipment 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 III–PB multi-split heat pump
series outdoor units:
• 460V/3-phase/60 Hz Models:
Æ Heat Pump models RXYQ72PBYD,
RXYQ96PBYD, RXYQ120PBYD,
RXYQ144PBYD, RXYQ168PBYD,
RXYQ192PBYD, RXYQ216PBYD,
RXYQ240PBYD, RXYQ264PBYD,
RXYQ288PBYD, RXYQ312PBYD,
RXYQ336PBYD, RXYQ360PBYD with
nominal cooling capacities of 72,000,
96,000, 120,000, 144,000, 168,000,
192,000, 216,000, 240,000, 264,000,
288,000, 312,000, 336,000 and 360,000
Btu/hr respectively.
2 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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Æ Heat Recovery models
REYQ72PBYD, REYQ96PBYD,
REYQ120PBYD, REYQ144PBYD (2x
REMQ72PBYD), REYQ168PBYD (1x
REMQ96PBYD + 1x REMQ72PBYD),
REYQ192PBYD (2x REMQ96PBYD),
REYQ216PBYD (1x REMQ120PBYD +
1x REMQ96PBYD), REYQ240PBYD (2x
REMQ120PBYD), REYQ264PBYD (1x
REMQ72PBYD + 2x REMQ96PBYD),
REYQ288PBYD (1x REMQ120PBYD +
1x REMQ96PBYD + 1x REMQ72PBYD),
REYQ312PBYD (2x REMQ96PBYD + 1x
REMQ120PBYD), REYQ336PBYD (2x
REMQ120PBYD + 1x REMQ96PBYD),
with nominal cooling capacities of
72,000, 96,000, 120,000, 144,000,
168,000, 192,000, 216,000, 240,000
264,000, 288,000, 312,000 and 336,000
Btu/hr respectively.
• 208–230V/3-phase/60 Hz Models:
Æ Heat Pump models RXYQ72PBTJ,
RXYQ96PBTJ, RXYQ120PBTJ,
RXYQ144PBTJ, RXYQ168PBTJ,
RXYQ192PBTJ, RXYQ216PBTJ,
RXYQ240PBTJ, RXYQ264PBTJ,
RXYQ288PBTJ, RXYQ312PBTJ,
RXYQ336PBTJ, RXYQ360PBTJ with
nominal cooling capacities of 72,000,
96,000, 120,000, 144,000, 168,000,
192,000, 216,000, 240,000, 264,000,
288,000, 312,000, 336,000 and 360,000
Btu/hr respectively.
Æ Heat Recovery models
REYQ72PBTJ, REYQ96PBTJ,
REYQ120PBTJ, REYQ144PBTJ,
REYQ168PBTJ (1x REMQ96PBTJ + 1x
REMQ72PBTJ), REYQ192PBTJ (2x
REMQ96PBTJ), REYQ216PBTJ (1x
REMQ120PBTJ + 1x REMQ96PBTJ),
REYQ240PBTJ (2x REMQ120PBTJ),
REYQ264PBTJ (1x REMQ72PBTJ + 2x
REMQ96PBTJ), REYQ288PBTJ (1x
REMQ120PBTJ + 1x REMQ96PBTJ + 1x
REMQ72PBTJ), REYQ312PBTJ (2x
REMQ96PBTJ + 1x REMQ120PBTJ),
REYQ336PBTJ (2x REMQ120PBTJ + 1x
REMQ96PBTJ), with nominal cooling
capacities of 72,000, 96,000, 120,000,
144,000, 168,000, 192,000, 216,000,
240,000 264,000, 288,000, 312,000 and
336,000 Btu/hr respectively.
• Compatible indoor units for above
listed outdoor units:
Æ FXAQ Series all mounted indoor
units with nominal capacities of 7,500,
9,500, 12,000, 18,000 and 24,000 Btu/hr.
Æ FXLQ Series floor mounted indoor
units with nominal capacities of 12,000,
18,000 and 24,000 Btu/hr.
Æ FXNQ Series concealed floor
mounted indoor units with nominal
capacities of 12,000, 18,000 and 24,000
Btu/hr.
Æ FXDQ Series low static ducted
indoor units with nominal capacities of
7,500, 9,500, 12,000, 18,000 and 24,000
Btu/hr.
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Æ FXSQ Series medium static ducted
indoor units with nominal capacities of
7,500, 9,500, 12,000, 18,000, 24,000,
30,000, 36,000 and 48,000 Btu/hr.
Æ FXMQ Series medium/high static
ducted indoor units with nominal
capacities of 7,500, 9,500, 12,000,
18,000, 24,000, 30,000, 36,000, 48,000,
72,000 and 96,000 Btu/hr.
Æ FXZQ Series recessed cassette
indoor units with nominal capacities of
7,500, 9,500, 12,000 and 18,000 Btu/hr.
Æ FXFQ Series recessed cassette
indoor units with nominal capacities of
9,500, 12,000, 18,000, 24,000, 30,000,
36,000 and 48,000 Btu/hr.
Æ FXHQ Series ceiling suspended
indoor units with nominal capacities of
12,000, 24,000 and 36,000 Btu/hr.
Æ FXTQ Series ceiling suspended
indoor units with nominal capacities of
12,000, 18,000, 24,000, 30,000, 36,000,
42,000, 48,000 and 54,000 Btu/hr.
Æ FXMQ–MF Series concealed ducted
indoor units with nominal capacities of
48,000, 72,000, and 96,000 Btu/hr.
This interim waiver is issued on the
condition that the statements,
representations, and documents
provided by the petitioner are valid.
DOE may revoke or modify this interim
waiver at any time if it determines the
factual basis underlying the petition for
waiver is incorrect or the results from
the alternate test procedure are
unrepresentative of the basic models’
true energy consumption characteristics.
IV. Alternate Test Procedure
In responses to two petitions for
waiver from Mitsubishi, DOE specified
an alternate test procedure to provide a
basis upon which Mitsubishi could test
and make valid energy efficiency
representations for its R410A CITY
MULTI equipment, as well as for its R22
multi-split equipment. 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 limited ability to test
multiple indoor units simultaneously.
This limitation makes it impractical for
manufacturers to test the large number
of possible combinations of indoor and
outdoor units for some variable
refrigerant flow zoned systems. We
further note that after DOE granted a
waiver for Mitsubishi’s R22 multi-split
products, ARI formed a committee to
discuss testing issues and to develop a
testing protocol for variable refrigerant
flow systems. The committee has
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developed a test procedure which has
been adopted by the American National
Standards Institute (AHRI)—‘‘American
National Standards Institute (ANSI)/
AHRI 1230–2010: Performance Rating of
Variable Refrigerant Flow (VRF) MultiSplit Air-Conditioning and Heat Pump
Equipment.’’ This test procedure has
been incorporated into ASHRAE 90.1—
2010. Daikin’s petition proposes that
DOE apply ANSI/AHRI Standard 1230–
2010 as the alternate test procedure to
apply to itsVRV III–PB multi-split heat
pump equipment as a condition of its
requested waiver and interim waiver.
The commercial multi-split waivers that
DOE has granted to Mitsubishi and
several other manufacturers do not
conflict with ANSI/AHRI 1230–2010
because DOE has taken the ANSI/AHRI
standard into account in developing its
multi-split alternate test procedure.
Essentially, the waivers use a definition
of ‘‘tested combination’’ that is not in
ARI 340/360–2004, but is substantially
the same as the definition in ANSI/
AHRI 1230–2010.
The definition in AHRI 1230–2010
reads:
3.25 Tested Combination. A sample
basic model comprised of units that are
production units, or are representative
of production units, of the basic model
being tested. The tested combination
shall have the following features:
a. The basic model of a variable
refrigerant flow system (‘‘VRF system’’)
used as a tested combination shall
consist of an outdoor unit (an outdoor
unit can include multiple outdoor units
that have been manifolded into a single
refrigeration system, with a specific
model number) that is matched with
between 2 and 5 indoor units (for
systems with nominal cooling capacities
greater than 150,000 Btu/h [43,846 W],
the number of indoor units may be as
high as 8 to be able to test non-ducted
indoor unit combinations)
b. The indoor units shall:
b.1 Represent the highest sales model
family as determined by type of indoor
unit, e.g. ceiling cassette, wall-mounted,
ceiling concealed, etc. If 5 are
insufficient to reach capacity, another
model family can be used for testing.
b.2 Together, have a nominal cooling
capacity between 95% and 105% of the
nominal cooling capacity of the outdoor
unit.
b.3 Not, individually, have a nominal
cooling capacity greater than 50% of the
nominal cooling capacity of the outdoor
unit, unless the nominal cooling
capacity of the outdoor unit is 24,000
Btu/h [7016 W] or less.
b.4 Have a fan speed that is consistent
with the manufacturer’s specifications.
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b.5 All be subject to the same
minimum external static pressure
requirement while being configurable to
produce the same static pressure at the
exit of each outlet plenum when
manifolded as per section 2.4.1 of 10
CFR part 430, subpart B, Appendix M.
This is the alternate test procedure
language used in the recent DOE
waivers:
(B) Tested combination. The term
‘‘tested combination’’ means a sample
basic model comprised of units that are
production units, or are representative
of production units, of the basic model
being tested. For the purposes of this
waiver, the tested combination shall
have the following features:
(i) The basic model of a variable
refrigerant flow system used as a tested
combination shall consist of one
outdoor unit, with one or more
compressors, that is matched with
between two and five indoor units. (For
systems with nominal cooling capacities
greater than 150,000 Btu/h, as many as
eight indoor units may be used, so as to
be able to test non-ducted indoor unit
combinations.) For multi-split systems,
each of these indoor units shall be
designed for individual operation.
(ii) The indoor units shall:
(a) Represent the highest sales model
family, or another indoor model family
if the highest sales model family does
not provide sufficient capacity (see (b)
below);
(b) Together, have a nominal cooling
capacity that is between 95 percent and
105 percent of the nominal cooling
capacity of the outdoor unit;
(c) Not, individually, have a nominal
cooling capacity greater than 50 percent
of the nominal cooling capacity of the
outdoor unit;
(d) Operate at fan speeds that are
consistent with the manufacturer’s
specifications; and
(e) 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.
If the alternate test procedure
approved today were confined to using
the definition of ‘‘tested combination’’ in
ANSI/AHRI 1230–2010, there would be
no significant change from the multisplit waivers already granted. But
Daikin has asked to use ANSI/AHRI
1230–2010 as the entire alternate test
procedure, which could introduce some
additional changes from the previously
granted waivers, which are based on
ARI 340/360–2004 and the above ‘‘tested
combination’’ definition. According to
42 U.S.C. 6314(a)(4)(B), if an industry
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test procedure reference in AS/HRAE
90.1 is amended, the Secretary shall
amend the test procedure for the
product as necessary to be consistent
with the amended industry test
procedure. It is therefore likely that in
the future, ANSI/ASHRAE 1230–2010
will be the approved test procedure for
this equipment, and DOE is considering
prescribing it in the subsequent decision
and order as the alternate test procedure
for this Daikin waiver. For the interim
waiver, DOE will continue to require the
use of the alternate test procedure
prescribed in the past multi-split
waivers.
Therefore, 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 units. This
alternate test procedure will allow
Daikin to test and make energy
efficiency representations for its VRV
III–PB multi-split heat pump
equipment. 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); Daikin (74 FR
16193, April 9, 2009); Daikin (74 FR
16373, April 10, 2009); Mitsubishi
(74 FR 66315, December 15, 2009) and
LG (74 FR 66330, December 15, 2009).
The alternate test procedure
developed in conjunction with the
Mitsubishi waiver permits Daikin to
designate a ‘‘tested combination’’ for
each model of outdoor unit. The indoor
units designated as part of the tested
combination must meet specific
requirements. For example, the tested
combination must have between two
and eight indoor units so that it can be
tested in available test facilities. (The
‘‘tested combination’’ was originally
defined to consist of one outdoor unit
matched with between two and five
indoor units. The maximum number of
indoor units in a tested combination is
increased in this instance from five to
eight to account for the fact that the
larger-capacity equipment can
accommodate a greater number of
indoor units.) 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
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16:52 Apr 05, 2011
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their central air-conditioning and heat
pump products.
DOE is including the following waiver
language in the interim waiver for
Daikin’s VRV III–PB multi-split heat
pump models:
(1) The petition for interim waiver
filed by DaikinAC (Americas) Inc. is
hereby granted as set forth in the
paragraphs below.
(2) Daikin shall not be required to use
existing test procedures to test or rate its
VRV III–PB multi-split heat pump
equipment listed above in section III,
but shall be required to test and rate
such equipment according to the
alternate test procedure as set forth in
paragraph (3).
(3) Alternate test procedure.
(A) Daikin shall be required to test the
equipment listed in section III above
according to the test procedures for
central air conditioners and heat pumps
prescribed by DOE at 10 CFR 431.96,
except that Daikin shall test a tested
combination selected in accordance
with the provisions of subparagraph (B)
of this paragraph. For every other
system combination using the same
outdoor unit as the tested combination,
Daikin shall make representations
concerning the VRV III–PB multi-split
heat pump equipment 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 two and five indoor units. (For
systems with nominal cooling capacities
greater than 150,000 Btu/h, as many as
eight indoor units may be used, so as to
be able to test non-ducted indoor unit
combinations). 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;
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19073
(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 III–PB multi-split
heat pump equipment for compliance,
marketing, or other purposes, Daikin
must fairly disclose the results of testing
under the DOE test procedure in a
manner consistent with the provisions
outlined below:
(1) For VRV III–PB multi-split heat
pump combinations tested in
accordance with this alternate test
procedure, Daikin may make
representations based on these test
results.
(2) For VRV III–PB multi-split heat
pump combinations that are not tested,
Daikin may make representations of
non-tested combinations at the same
energy efficiency level as the tested
combination. The outdoor unit must be
the one used in the tested combination.
The representations must be based on
the test results for the tested
combination. The representations may
also be determined by an Alternative
Rating Method approved by DOE.
V. Summary and Request for Comments
Through today’s notice, DOE
announces receipt of the Daikin petition
for waiver from the test procedure
applicable to Daikin’s VRV III–PB multisplit heat pump equipment. For the
reasons articulated above, DOE also
grants Daikin an interim waiver from
that procedure. 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. 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 III–PB multi-split heat pumps.
DOE is considering including ANSI/
AHRI 1230–2010 as the alternate test
procedure in its subsequent decision
and order.
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, pursuant to 10 CFR
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431.401(d). The contact information for
the petitioner is: Chris Bellshaw,
Director of Product and Engineering,
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 March 30,
2011.
Kathleen Hogan,
Deputy Assistant Secretary for Energy
Efficiency, Office of Technology
Development, Energy Efficiency and
Renewable Energy.
November 22, 2010
Ms. Catherine Zoi
Assistant Secretary for Energy Efficiency and
Renewable Energy
U.S. Department of Energy
1000 Independence Ave, SW
Washington, DC 20585–0121
mstockstill on DSKH9S0YB1PROD with NOTICES
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) (2010) for a waiver of the test
procedures applicable to commercial air
conditioners and heat pumps, as established
in 10 CFR § 431.96 (2010) and ARI Standard
340/360–20043, for the Daikin VRV III–PB
system. The specific models for which DACA
requests this waiver in the Daikin VRV III–
PB 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 III–PB 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) (2010). Daikin is
simultaneously proposing that DOE establish
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16:52 Apr 05, 2011
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AHRIStandard 1230 (2010) as the alternate
test method for the Daikin VRV III–PB
product class in association with the
requested interim waiver and waiver.
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 ensure
peak operating performance of the overall
system and to optimize energy efficiency.
DACA has designed the VRV III–PB 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 Air
Cooled VRV III–PB Products
DACA’s VRV III–PB system has the
following characteristics and applications:
• DACA’s VRV III–PB products are an air
conditioning system that includes numerous
individually controllable discrete indoor
units.
• The VRV III–PB system consists of multisplit, multi-zone units utilizing one or
multiple outdoor units that serve up to sixty
indoor units.
• The VRV III–PB 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 III 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 III–PB system can efficiently
operate the compressor at loads as small as
7% of the rated capacity of the system,
resulting in significant energy savings.
• The VRV III–PB system employs variable
speed indoor and outdoor high efficiency fan
motors to precisely control operating
pressures and airflow rates.
• The VRV III–PB system uses
electronically controlled expansion valves to
precisely control refrigerant flow, superheat,
sub-cooling, pump down functions and even
oil flow throughout the system.
Particular Basic Models for Which a Waiver
Is Requested
DACA requests a waiver from the test
procedures for the following VRV III–PB
basic model groups:
• VRV III–PB Series Outdoor Units:
• 460V/3-phase/60Hz Models:
Æ Heat Pump models RXYQ72PBYD,
RXYQ96PBYD, RXYQ120PBYD,
RXYQ144PBYD, RXYQ168PBYD,
3 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.
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RXYQ192PBYD, RXYQ216PBYD,
RXYQ240PBYD, RXYQ264PBYD,
RXYQ288PBYD, RXYQ312PBYD,
RXYQ336PBYD, RXYQ360PBYD with
nominal cooling capacities of 72,000, 96,000,
120,000, 144,000, 168,000, 192,000, 216,000,
240,000, 264,000, 288,000, 312,000, 336,000
and 360,000 Btu/hr respectively.
Æ Heat Recovery models REYQ72PBYD,
REYQ96PBYD, REYQ120PBYD,
REYQ144PBYD (2x REMQ72PBYD),
REYQ168PBYD (1x REMQ96PBYD + 1x
REMQ72PBYD), REYQ192PBYD (2x
REMQ96PBYD), REYQ216PBYD (1x
REMQ120PBYD + 1x REMQ96PBYD),
REYQ240PBYD (2x REMQ120PBYD),
REYQ264PBYD (1x REMQ72PBYD + 2x
REMQ96PBYD), REYQ288PBYD (1x
REMQ120PBYD + 1x REMQ96PBYD + 1x
REMQ72PBYD), REYQ312PBYD (2x
REMQ96PBYD + 1x REMQ120PBYD),
REYQ336PBYD (2x REMQ120PBYD + 1x
REMQ96PBYD), with nominal cooling
capacities of 72,000, 96,000, 120,000,
144,000, 168,000, 192,000, 216,000, 240,000
264,000, 288,000, 312,000 and 336,000 Btu/
hr respectively.
• 208–230V/3-phase/60Hz Models:
Æ Heat Pump models RXYQ72PBTJ,
RXYQ96PBTJ, RXYQ120PBTJ,
RXYQ144PBTJ, RXYQ168PBTJ,
RXYQ192PBTJ, RXYQ216PBTJ,
RXYQ240PBTJ, RXYQ264PBTJ,
RXYQ288PBTJ, RXYQ312PBTJ,
RXYQ336PBTJ, RXYQ360PBTJ with nominal
cooling capacities of 72,000, 96,000, 120,000,
144,000, 168,000, 192,000, 216,000, 240,000,
264,000, 288,000, 312,000, 336,000 and
360,000 Btu/hr respectively.
• Heat Recovery models REYQ72PBTJ,
REYQ96PBTJ, REYQ120PBTJ, REYQ144PBTJ,
REYQ168PBTJ (1x REMQ96PBTJ + 1x
REMQ72PBTJ), REYQ192PBTJ (2x
REMQ96PBTJ), REYQ216PBTJ (1x
REMQ120PBTJ + 1x REMQ96PBTJ),
REYQ240PBTJ (2x REMQ120PBTJ),
REYQ264PBTJ (1x REMQ72PBTJ + 2x
REMQ96PBTJ), REYQ288PBTJ (1x
REMQ120PBTJ + 1x REMQ96PBTJ + 1x
REMQ72PBTJ), REYQ312PBTJ (2x
REMQ96PBTJ + 1x REMQ120PBTJ),
REYQ336PBTJ (2x REMQ120PBTJ + 1x
REMQ96PBTJ), with nominal cooling
capacities of 72,000, 96,000, 120,000,
144,000, 168,000, 192,000, 216,000, 240,000
264,000, 288,000, 312,000 and 336,000 Btu/
hr respectively.
• Compatible Indoor Units for Above
Listed Outdoor Units:
• FXAQ Series all mounted indoor units
with nominal capacities of 7,500, 9,500,
12,000, 18,000 and 24,000 Btu/hr.
• FXLQ Series floor mounted indoor units
with nominal capacities of 12,000, 18,000
and 24,000Btu/hr.
• FXNQ Series concealed floor mounted
indoor units with nominal capacities of
12,000, 18,000 and 24,000 Btu/hr.
FXDQ Series low static ducted indoor units
with nominal capacities of 7,500, 9,500,
12,000, 18,000 and 24,000 Btu/hr.
• FXSQ Series medium static ducted
indoor units with nominal capacities of
7,500, 9,500, 12,000, 18,000, 24,000, 30,000,
36,000, 48,000 Btu/hr.
• FXMQ Series medium/high static ducted
indoor units with nominal capacities of
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7,500, 9,500, 12,000, 18,000, 24,000, 30,000,
36,000, 48,000, 72,000 and 96,000 Btu/hr.
• FXZQ Series recessed cassette indoor
units with nominal capacities of 7,500, 9,500,
12,000 and 18,000 Btu/hr.
• FXFQ Series recessed cassette indoor
units with nominal capacities of 9,500,
12,000, 18,000, 24,000, 30,000, 36,000 &
48,000 Btu/hr.
• FXHQ Series ceiling suspended indoor
units with nominal capacities of 12,000,
24,000 and 36,000 Btu/hr.
• FXTQ Series ceiling suspended indoor
units with nominal capacities of 12,000,
18,000, 24,000, 30,000, 36,000, 42,000,
48,000 and 54,000 Btu/hr.
• FXMQ–MF Series concealed ducted
indoor units with nominal capacities of
48,000, 72,000, and 96,000 Btu/hr.
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Design Characteristics Constituting the
Grounds for DACA’s Petition
DACA’s VRV III–PB Series product
offering consists of multiple indoor
units being connected to an air-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, Floor
Standing, Ceiling Concealed, and Multi
Position AHU. DACA is currently
developing additional indoor unit
models for future market introduction.
There are over one million
combinations possible with the current
DACA VRV III product offering. It is
completely impractical for testing
laboratories to test a product such as the
VRV III–PB Series with multiple indoor
units because of the astronomical
number of potential system
configurations.
DACA’s VRV III–PB products share
many of the design characteristics and
features of DACA’s VRV–III, VRV–S,
VRV III–C and VRV W–III 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.2
Like the VRV–III products for which
DOE granted a waiver, the VRV III–PB
products use air to reject heat. The same
testing constraints and limitations apply
to all of these products.
DOE stated the following in the notice
granting DACA a waiver for VRV–III:
2 DOE granted DACA a waiver for its VRV and
VRV–S product lines on July 10, 2008. 73 Fed. Reg.
39,680. DOE granted MEUS a waiver for its CITY
MULTI VRFZ class of products.69 Fed. Reg. 52,660
(August 27, 2004). DOE granted DACA a waiver for
its VRV–WII product lines on January 7, 2008. 73
Fed. Reg. 1,213. DOE granted DACA a waiver for
its VRV–III–C product line on December 15, 2009.
74 Fed. Reg. 66,324. DOE also granted DACA a
waiver for its VRV–WIII products on January 29,
2010. 75 Fed. Reg. 4,975. DOE granted DACA a
waiver for its VRV–III systems on April 8, 2009. 74
Fed. Reg. 15,955.
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DOE believes that the VRV–III Daikin
equipment and equipment for which
waivers have previously been granted
are alike with respect to the factors that
make them eligible for test procedure
waivers. DOE is therefore granting to
Daikin a VRV–III product waiver similar
to the previous MEUS multi-split
waivers.
74 Fed. Reg. at 15,957.
Manufacturers of Other Basic Models
Incorporating Similar Design
Characteristics
The DACA VRV III–PB Series system
operates in similar configurations as the
VRV–III system. The reasons and
rationale that DOE has already
articulated to support previous DACA,
MEUS, Sanyo, LG, Samsung and Fujitsu
waivers for multi-split, multi-zoned air
conditioners (including the DACA
VRV–III system) also apply to the DACA
VRV III–PB Series products. Therefore,
DOE should conclude that the design
characteristics of DACA’s VRV III–PB
product class prevent testing of the
basic VRV III–PB 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 These
standards, which are applicable to large
commercial and industrial unitary air
conditioning and heat pump equipment,
are referenced in Table 1 to 10 CFR
§ 431.96, and are made applicable to
Daikin’s large commercial air cooled
VRV III–PB products in 10 CFR
§ 431.96(a).
Detailed Discussion of Need for
Requested Waiver
Although the capacity of Daikin’s
VRV III–PB product class are within the
scope of ARI 340/360–2004, the design
characteristics of the VRV III–PB
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 provide no direction or
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19075
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 does 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 III–PB Series 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.
Alternate Test Procedure
DACA proposes that DOE apply AHRI
Standard 1230–2010: Performance
Rating of Variable Refrigerant Flow
(VRF) Multi-Split Air-Conditioning and
Heat Pump Equipment, as the alternate
test procedure for DOE to apply to the
covered VRV III–PB products as a
condition of the requested waiver and
interim waiver. The Air-Conditioning,
Heating & Refrigeration Institute (AHRI)
has recently adopted this standard.
AHRI developed AHRI Standard 1230–
2010 to apply to multi-split air
conditioning and heat pump equipment
like the VRV III–PB, and AHRI intends
to eventually submit its Standard 1230–
2010 to DOE for inclusion in 10 CFR
Part 431 as the proposed test method for
the product category that includes
DACA’s VRV III–PB class.
ASHRAE Standard 90.1 will
incorporate AHRI Standard 1230–2010
by reference effective January 1, 2011.
Also, EPA has recognized Standard
1230–2010 in the eligibility
requirements (see: https://
www.energystar.gov/
index.cfm?c=lchvac.pr_crit_lchvac) for
the Light Commercial EnergyStar
category. Because DACA believes that
AHRI Standard 1230–2010 will
eventually become the applicable test
standard for VRV III–PB products under
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Federal Register / Vol. 76, No. 66 / Wednesday, April 6, 2011 / Notices
mstockstill on DSKH9S0YB1PROD with NOTICES
10 CFR Part 431, and because AHRI
Standard 1230–2010 will adequately
address all of the conditions that are
causing DACA to request this testing
waiver, DACA requests that DOE make
AHRI Standard 1230–2010 immediately
applicable to VRV III–PB as a term of a
waiver and interim waiver.
DOE can obtain a copy of AHRI
Standard 1230–10 from the following
web site:
https://www.ahrinet.org/Content/
FindaStandard_218.aspx?Listing
_PK=1120
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 III–PB
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 III–PB product class. As
explained above in the DACA’s Petition
for Waiver, the design characteristics of
the VRV III–PB 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 III–PB 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, Sanyo Fisher (USA)
Corp, LG Electronics, Inc., and
Quietside Corporation (Samsung Air
Conditioning).
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 III–PB
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 III–PB
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
R2 and Y product classes, which will
compete directly with DACA’s VRV III–
PB product class.
VerDate Mar<15>2010
16:52 Apr 05, 2011
Jkt 223001
DOE approval of DACA’s interim
waiver application is also supported by
sound public policy reasons. As DOE
stated in its August 14, 2006 approval
of DACA’s interim waiver for the VRV
and VRV–S product classes:
[I]n those instances where the likely
success of the Petition for Waiver has
been demonstrated, based upon DOE
having granted a waiver for a similar
product design, it is in the public
interest to have similar products tested
and rated for energy consumption on a
comparable basis.
The VRV III–PB product class will
provide superior comfort to the end
user, will allow for independent zoning
of facilities, and will incorporate state of
the art technology such as variable
speed compressors utilizing neodymium
magnets to increase efficiency and
electronic control of compressor speed,
fan speed and even metering device
opening positions. The VRV III–PB
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 approve our
Application for Interim Waiver so we
can bring the new highly energy
efficient technology represented by the
VRV III–PB 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.
respectfully requests that DOE approve
its Petition for Waiver of the applicable
test procedure to DACA for the VRV III–
PB product design, and to approve an
approval for 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 Chris
PO 00000
Frm 00048
Fmt 4703
Sfmt 9990
Bellshaw, Director of Product and
Engineering at 972–245–1510 or by email at chris.bellshaw@daikinac.com if
you have any questions.
Sincerely,
Akinori Atarashi
President
Daikin AC (Americas) Inc.
1645 Wallace Drive
Suite 110
Carrollton, Texas 75006
(Submitted in triplicate)
I certify that DACA has sent copies of
this Petition for Waiver from Testing
Requirements to the following known
manufacturers of domestically marked
units of the same product type:
Fujitsu General America, Inc.:
Arturo Thur De Koos
Engineering & Technical Support
Fujitsu General America, Inc.
353 Route 46 West
Fairfield, NJ 07004
LG Electronics USA, Inc.:
John I. Taylor
Vice President
Government Relations and
Communications
LG Electronics USA, Inc.
1776 K Street, NW
Washington, DC 20006
Mitsubishi Electric & Electronics USA,
Inc.:
William Rau
Senior Vice President and General
Manager
Mitsubishi Electric & Electronics USA,
Inc.
4300 Lawrenceville-Suwanee Road
Suwanee, GA 30024
Samsung Air Conditioning:
John Miles
Vice President Sales & Engineering
Quietside Corporation
Samsung Air Conditioning
8750 Pioneer Boulevard
Santa Fe Springs, CA 90670
Sanyo Fisher (USA) Corp.:
Gary Nettinger
Vice President, Technical and Service
Sanyo Fisher (USA) Corp.
1690 Roberts Blvd., Suite 110
Kennesaw, GA 30144
[FR Doc. 2011–8220 Filed 4–5–11; 8:45 am]
BILLING CODE 6450–01–P
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]]>Agencies
[Federal Register Volume 76, Number 66 (Wednesday, April 6, 2011)]
[Notices]
[Pages 19069-19076]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-8220]
-----------------------------------------------------------------------
DEPARTMENT OF ENERGY
Office of Energy Efficiency and Renewable Energy
[Case No. CAC-029]
Petition for Waiver From DaikinAC (Americas) Inc. and Granting of
the Interim Waiver From the Department of Energy Commercial Package Air
Conditioner and Heat Pump Test Procedure
AGENCY: Office of Energy Efficiency and Renewable Energy, Department of
Energy.
ACTION: Notice of petition for waiver, granting of application for
interim waiver, and request for comments.
-----------------------------------------------------------------------
SUMMARY: This notice announces receipt of and publishes a petition for
waiver from DaikinAC (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 air-source
central air conditioners and heat pumps. The petition is specific to
the Daikin variable capacity VRV III-PB variable refrigerant flow (VRF)
commercial multi-split heat pumps (``VRV III-PB 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 multi-split heat pumps.
DATES: DOE will accept comments, data, and information with respect to
the Daikin petition until, but no later than May 6, 2011.
ADDRESSES: You may submit comments, identified by case number ``CAC-
029,'' 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 the case
number [CAC-029] 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.,
[[Page 19070]]
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 on 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. Jennifer Tiedeman, U.S. Department of Energy, Office of the
General Counsel, Mail Stop GC-71, Forrestal Building, 1000 Independence
Avenue, SW., Washington, DC 20585-0103. Telephone: (202) 287-6111. E-
mail: Jennifer.Tiedeman@hq.doe.gov.
SUPPLEMENTARY INFORMATION:
I. Background and Authority
Title III, part C of the Energy Policy and Conservation Act of 1975
(EPCA), Public Law 94-163 (42 U.S.C. 6311-6317, as codified), added by
Public Law 95-619, Title V, Sec. 441(a), established the Energy
Conservation Program for Certain Industrial Equipment, a program
covering certain industrial equipment, which includes the VRV III-PB
variable refrigerant flow (VRF) commercial multi-split heat pumps
(``VRV III-PB multi-split heat pumps'') that are the focus of this
notice.\1\ Part C specifically includes definitions (42 U.S.C. 6311),
test procedures (42 U.S.C. 6314), labeling provisions (42 U.S.C. 6315),
energy conservation standards (42 U.S.C. 6313), and the authority to
require information and reports from manufacturers. 42 U.S.C. 6316.
With respect to test procedures, part C authorizes the Secretary of
Energy (the Secretary) to prescribe test procedures that are reasonably
designed to produce results that 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))
---------------------------------------------------------------------------
\1\ For editorial reasons, upon codification in the U.S. Code,
part C was re-designated part A-1.
---------------------------------------------------------------------------
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 and heating
equipment, effective January 8, 2007. 71 FR 71340. For commercial air-
source heat pumps, DOE adopted ARI Standard 340/360-2004. Table 1 to
Title 10 of the Code of Federal Regulations (10 CFR) 431.96 directs
manufacturers of commercial package air conditioning and heating
equipment to use the appropriate procedure when measuring energy
efficiency of those products. The cooling capacities of Daikin's VRV
III-PB multi-split heat pumps at issue in the waiver petition filed by
Daikin range from 72,000 Btu/h to 360,000 Btu/h. All of this equipment
is covered by ARI Standard 340/360-2004, which includes units with
capacities greater than 65,000 Btu/hour.
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
that 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 180 days or
until DOE issues its determination on the petition for waiver,
whichever occurs first. It may be extended by DOE for an additional 180
days. 10 CFR 431.401(e)(4).
II. Petition for Waiver
On November 22, 2010, Daikin filed a petition for waiver from the
test procedure at 10 CFR 431.96 applicable to commercial package air
source central air conditioners and heat pumps, as well as an
application for interim waiver. The capacities of Daikin's VRV III-PB
multi-split heat pumps range from 72,000 Btu/h to 360,000 Btu/h. The
applicable test procedure for commercial air-source heat pumps is ARI
340/360-2004. Manufacturers are directed to use these test procedures
pursuant to Table 1 of 10 CFR 431.96.
Daikin seeks a waiver from the applicable test procedure under 10
CFR 431.96 on the grounds that its VRV III-PB multi-split heat pumps
contain design characteristics that prevent testing according to the
current DOE test procedure. 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
[[Page 19071]]
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) (Daikin waiver);
74 FR 16373 (April 10, 2009) (Daikin waiver).
The VRV III-PB multi-split heat pump systems have operational
characteristics similar to the commercial multi-split products
manufactured by Mitsubishi, Samsung, Fujitsu and Daikin. As indicated
above, DOE has already granted waivers for this equipment. The VRV III-
PB multi-split heat pump system consists of multiple indoor units
connected to an air-cooled outdoor unit. The indoor units for this
equipment are available in a very large number of potential
configurations, including: 4-Way Cassette, Wall Mounted, Ceiling
Suspended, Floor Standing, Ceiling Concealed, and Multi Position AHU.
There are over one million combinations possible with the current
Daikin VRV III-PB product offerings. It is impractical for testing
laboratories to test this equipment because of the number of potential
system configurations. Consequently, Daikin requested that DOE grant a
waiver from the applicable test procedure for its VRV III-PB multi-
split heat pump equipment designs until a suitable test method can be
prescribed.
III. Application for Interim Waiver
On November 22, 2010, Daikin also submitted an application for an
interim waiver. DOE has 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 an interim waiver. DOE
understands, however, that if it did not issue an interim waiver,
Daikin's equipment would not be tested and rated for energy consumption
on an equal basis with equivalent equipment for which DOE has
previously granted waivers. This would place Daikin at a competitive
disadvantage. Furthermore, DOE has determined that it appears likely
that Daikin's petition for waiver will be granted and that it 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 III-PB multi-
split heat pump models will be granted because, as noted above, DOE has
previously granted a number of waivers for similar product designs.\2\
The two principal reasons supporting the grant of the previous waivers
also apply to Daikin's VRV III-PB multi-split heat pump equipment: (1)
Test laboratories cannot test equipment 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 equipment
should be tested 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.
---------------------------------------------------------------------------
\2\ 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.
---------------------------------------------------------------------------
Therefore, it is ordered that:
The application for interim waiver filed by Daikin is hereby
granted for Daikin's VRV III-PB multi-split heat pumps, subject to the
specifications and conditions below.
1. Daikin shall not be required to test or rate its VRV III-PB
multi-split heat pump equipment on the basis of the existing test
procedures under 10 CFR 431.96, which incorporates by reference ARI
340/360-2004.
2. Daikin shall be required to test and rate its VRV III-PB multi-
split heat pump equipment 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 III-PB multi-split heat pump series outdoor units:
460V/3-phase/60 Hz Models:
[cir] Heat Pump models RXYQ72PBYD, RXYQ96PBYD, RXYQ120PBYD,
RXYQ144PBYD, RXYQ168PBYD, RXYQ192PBYD, RXYQ216PBYD, RXYQ240PBYD,
RXYQ264PBYD, RXYQ288PBYD, RXYQ312PBYD, RXYQ336PBYD, RXYQ360PBYD with
nominal cooling capacities of 72,000, 96,000, 120,000, 144,000,
168,000, 192,000, 216,000, 240,000, 264,000, 288,000, 312,000, 336,000
and 360,000 Btu/hr respectively.
[cir] Heat Recovery models REYQ72PBYD, REYQ96PBYD, REYQ120PBYD,
REYQ144PBYD (2x REMQ72PBYD), REYQ168PBYD (1x REMQ96PBYD + 1x
REMQ72PBYD), REYQ192PBYD (2x REMQ96PBYD), REYQ216PBYD (1x REMQ120PBYD +
1x REMQ96PBYD), REYQ240PBYD (2x REMQ120PBYD), REYQ264PBYD (1x
REMQ72PBYD + 2x REMQ96PBYD), REYQ288PBYD (1x REMQ120PBYD + 1x
REMQ96PBYD + 1x REMQ72PBYD), REYQ312PBYD (2x REMQ96PBYD + 1x
REMQ120PBYD), REYQ336PBYD (2x REMQ120PBYD + 1x REMQ96PBYD), with
nominal cooling capacities of 72,000, 96,000, 120,000, 144,000,
168,000, 192,000, 216,000, 240,000 264,000, 288,000, 312,000 and
336,000 Btu/hr respectively.
208-230V/3-phase/60 Hz Models:
[cir] Heat Pump models RXYQ72PBTJ, RXYQ96PBTJ, RXYQ120PBTJ,
RXYQ144PBTJ, RXYQ168PBTJ, RXYQ192PBTJ, RXYQ216PBTJ, RXYQ240PBTJ,
RXYQ264PBTJ, RXYQ288PBTJ, RXYQ312PBTJ, RXYQ336PBTJ, RXYQ360PBTJ with
nominal cooling capacities of 72,000, 96,000, 120,000, 144,000,
168,000, 192,000, 216,000, 240,000, 264,000, 288,000, 312,000, 336,000
and 360,000 Btu/hr respectively.
[cir] Heat Recovery models REYQ72PBTJ, REYQ96PBTJ, REYQ120PBTJ,
REYQ144PBTJ, REYQ168PBTJ (1x REMQ96PBTJ + 1x REMQ72PBTJ), REYQ192PBTJ
(2x REMQ96PBTJ), REYQ216PBTJ (1x REMQ120PBTJ + 1x REMQ96PBTJ),
REYQ240PBTJ (2x REMQ120PBTJ), REYQ264PBTJ (1x REMQ72PBTJ + 2x
REMQ96PBTJ), REYQ288PBTJ (1x REMQ120PBTJ + 1x REMQ96PBTJ + 1x
REMQ72PBTJ), REYQ312PBTJ (2x REMQ96PBTJ + 1x REMQ120PBTJ), REYQ336PBTJ
(2x REMQ120PBTJ + 1x REMQ96PBTJ), with nominal cooling capacities of
72,000, 96,000, 120,000, 144,000, 168,000, 192,000, 216,000, 240,000
264,000, 288,000, 312,000 and 336,000 Btu/hr respectively.
Compatible indoor units for above listed outdoor units:
[cir] FXAQ Series all mounted indoor units with nominal capacities
of 7,500, 9,500, 12,000, 18,000 and 24,000 Btu/hr.
[cir] FXLQ Series floor mounted indoor units with nominal
capacities of 12,000, 18,000 and 24,000 Btu/hr.
[cir] FXNQ Series concealed floor mounted indoor units with nominal
capacities of 12,000, 18,000 and 24,000 Btu/hr.
[cir] FXDQ Series low static ducted indoor units with nominal
capacities of 7,500, 9,500, 12,000, 18,000 and 24,000 Btu/hr.
[[Page 19072]]
[cir] FXSQ Series medium static ducted indoor units with nominal
capacities of 7,500, 9,500, 12,000, 18,000, 24,000, 30,000, 36,000 and
48,000 Btu/hr.
[cir] FXMQ Series medium/high static ducted indoor units with
nominal capacities of 7,500, 9,500, 12,000, 18,000, 24,000, 30,000,
36,000, 48,000, 72,000 and 96,000 Btu/hr.
[cir] FXZQ Series recessed cassette indoor units with nominal
capacities of 7,500, 9,500, 12,000 and 18,000 Btu/hr.
[cir] FXFQ Series recessed cassette indoor units with nominal
capacities of 9,500, 12,000, 18,000, 24,000, 30,000, 36,000 and 48,000
Btu/hr.
[cir] FXHQ Series ceiling suspended indoor units with nominal
capacities of 12,000, 24,000 and 36,000 Btu/hr.
[cir] FXTQ Series ceiling suspended indoor units with nominal
capacities of 12,000, 18,000, 24,000, 30,000, 36,000, 42,000, 48,000
and 54,000 Btu/hr.
[cir] FXMQ-MF Series concealed ducted indoor units with nominal
capacities of 48,000, 72,000, and 96,000 Btu/hr.
This interim waiver is issued on the condition that the statements,
representations, and documents provided by the petitioner are valid.
DOE may revoke or modify this interim waiver at any time if it
determines the factual basis underlying the petition for waiver is
incorrect or the results from the alternate test procedure are
unrepresentative of the basic models' true energy consumption
characteristics.
IV. Alternate Test Procedure
In responses to two petitions for waiver from Mitsubishi, DOE
specified an alternate test procedure to provide a basis upon which
Mitsubishi could test and make valid energy efficiency representations
for its R410A CITY MULTI equipment, as well as for its R22 multi-split
equipment. 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 limited
ability to test multiple indoor units simultaneously. This limitation
makes it impractical for manufacturers to test the large number of
possible combinations of indoor and outdoor units for some variable
refrigerant flow zoned systems. We further note that after DOE granted
a waiver for Mitsubishi's R22 multi-split products, ARI formed a
committee to discuss testing issues and to develop a testing protocol
for variable refrigerant flow systems. The committee has developed a
test procedure which has been adopted by the American National
Standards Institute (AHRI)--``American National Standards Institute
(ANSI)/AHRI 1230-2010: Performance Rating of Variable Refrigerant Flow
(VRF) Multi-Split Air-Conditioning and Heat Pump Equipment.'' This test
procedure has been incorporated into ASHRAE 90.1--2010. Daikin's
petition proposes that DOE apply ANSI/AHRI Standard 1230-2010 as the
alternate test procedure to apply to itsVRV III-PB multi-split heat
pump equipment as a condition of its requested waiver and interim
waiver. The commercial multi-split waivers that DOE has granted to
Mitsubishi and several other manufacturers do not conflict with ANSI/
AHRI 1230-2010 because DOE has taken the ANSI/AHRI standard into
account in developing its multi-split alternate test procedure.
Essentially, the waivers use a definition of ``tested combination''
that is not in ARI 340/360-2004, but is substantially the same as the
definition in ANSI/AHRI 1230-2010.
The definition in AHRI 1230-2010 reads:
3.25 Tested Combination. A sample basic model comprised of units
that are production units, or are representative of production units,
of the basic model being tested. The tested combination shall have the
following features:
a. The basic model of a variable refrigerant flow system (``VRF
system'') used as a tested combination shall consist of an outdoor unit
(an outdoor unit can include multiple outdoor units that have been
manifolded into a single refrigeration system, with a specific model
number) that is matched with between 2 and 5 indoor units (for systems
with nominal cooling capacities greater than 150,000 Btu/h [43,846 W],
the number of indoor units may be as high as 8 to be able to test non-
ducted indoor unit combinations)
b. The indoor units shall:
b.1 Represent the highest sales model family as determined by type
of indoor unit, e.g. ceiling cassette, wall-mounted, ceiling concealed,
etc. If 5 are insufficient to reach capacity, another model family can
be used for testing.
b.2 Together, have a nominal cooling capacity between 95% and 105%
of the nominal cooling capacity of the outdoor unit.
b.3 Not, individually, have a nominal cooling capacity greater than
50% of the nominal cooling capacity of the outdoor unit, unless the
nominal cooling capacity of the outdoor unit is 24,000 Btu/h [7016 W]
or less.
b.4 Have a fan speed that is consistent with the manufacturer's
specifications.
b.5 All be subject to the same minimum external static pressure
requirement while being configurable to produce the same static
pressure at the exit of each outlet plenum when manifolded as per
section 2.4.1 of 10 CFR part 430, subpart B, Appendix M.
This is the alternate test procedure language used in the recent
DOE waivers:
(B) Tested combination. The term ``tested combination'' means a
sample basic model comprised of units that are production units, or are
representative of production units, of the basic model being tested.
For the purposes of this waiver, the tested combination shall have the
following features:
(i) The basic model of a variable refrigerant flow system used as a
tested combination shall consist of one outdoor unit, with one or more
compressors, that is matched with between two and five indoor units.
(For systems with nominal cooling capacities greater than 150,000 Btu/
h, as many as eight indoor units may be used, so as to be able to test
non-ducted indoor unit combinations.) For multi-split systems, each of
these indoor units shall be designed for individual operation.
(ii) The indoor units shall:
(a) Represent the highest sales model family, or another indoor
model family if the highest sales model family does not provide
sufficient capacity (see (b) below);
(b) Together, have a nominal cooling capacity that is between 95
percent and 105 percent of the nominal cooling capacity of the outdoor
unit;
(c) Not, individually, have a nominal cooling capacity greater than
50 percent of the nominal cooling capacity of the outdoor unit;
(d) Operate at fan speeds that are consistent with the
manufacturer's specifications; and
(e) 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.
If the alternate test procedure approved today were confined to
using the definition of ``tested combination'' in ANSI/AHRI 1230-2010,
there would be no significant change from the multi-split waivers
already granted. But Daikin has asked to use ANSI/AHRI 1230-2010 as the
entire alternate test procedure, which could introduce some additional
changes from the previously granted waivers, which are based on ARI
340/360-2004 and the above ``tested combination'' definition. According
to 42 U.S.C. 6314(a)(4)(B), if an industry
[[Page 19073]]
test procedure reference in AS/HRAE 90.1 is amended, the Secretary
shall amend the test procedure for the product as necessary to be
consistent with the amended industry test procedure. It is therefore
likely that in the future, ANSI/ASHRAE 1230-2010 will be the approved
test procedure for this equipment, and DOE is considering prescribing
it in the subsequent decision and order as the alternate test procedure
for this Daikin waiver. For the interim waiver, DOE will continue to
require the use of the alternate test procedure prescribed in the past
multi-split waivers.
Therefore, 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 units. This alternate test
procedure will allow Daikin to test and make energy efficiency
representations for its VRV III-PB multi-split heat pump equipment. 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); Daikin (74 FR 16193, April 9, 2009); Daikin (74 FR 16373, April
10, 2009); Mitsubishi (74 FR 66315, December 15, 2009) and LG (74 FR
66330, December 15, 2009).
The alternate test procedure developed in conjunction with the
Mitsubishi waiver permits Daikin to designate a ``tested combination''
for each model of outdoor unit. The indoor units designated as part of
the tested combination must meet specific requirements. For example,
the tested combination must have between two and eight indoor units so
that it can be tested in available test facilities. (The ``tested
combination'' was originally defined to consist of one outdoor unit
matched with between two and five indoor units. The maximum number of
indoor units in a tested combination is increased in this instance from
five to eight to account for the fact that the larger-capacity
equipment can accommodate a greater number of indoor units.) 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 central air-conditioning
and heat pump products.
DOE is including the following waiver language in the interim
waiver for Daikin's VRV III-PB multi-split heat pump models:
(1) The petition for interim waiver filed by DaikinAC (Americas)
Inc. is hereby granted as set forth in the paragraphs below.
(2) Daikin shall not be required to use existing test procedures to
test or rate its VRV III-PB multi-split heat pump equipment listed
above in section III, but shall be required to test and rate such
equipment according to the alternate test procedure as set forth in
paragraph (3).
(3) Alternate test procedure.
(A) Daikin shall be required to test the equipment listed in
section III above according to the test procedures for central air
conditioners and heat pumps prescribed by DOE at 10 CFR 431.96, except
that Daikin shall test a tested combination selected in accordance with
the provisions of subparagraph (B) of this paragraph. For every other
system combination using the same outdoor unit as the tested
combination, Daikin shall make representations concerning the VRV III-
PB multi-split heat pump equipment 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 two and five indoor units.
(For systems with nominal cooling capacities greater than 150,000 Btu/
h, as many as eight indoor units may be used, so as to be able to test
non-ducted indoor unit combinations). 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 III-PB multi-split heat pump equipment for
compliance, marketing, or other purposes, Daikin must fairly disclose
the results of testing under the DOE test procedure in a manner
consistent with the provisions outlined below:
(1) For VRV III-PB multi-split heat pump combinations tested in
accordance with this alternate test procedure, Daikin may make
representations based on these test results.
(2) For VRV III-PB multi-split heat pump combinations that are not
tested, Daikin may make representations of non-tested combinations at
the same energy efficiency level as the tested combination. The outdoor
unit must be the one used in the tested combination. The
representations must be based on the test results for the tested
combination. The representations may also be determined by an
Alternative Rating Method approved by DOE.
V. Summary and Request for Comments
Through today's notice, DOE announces receipt of the Daikin
petition for waiver from the test procedure applicable to Daikin's VRV
III-PB multi-split heat pump equipment. For the reasons articulated
above, DOE also grants Daikin an interim waiver from that procedure. 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. 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 III-PB multi-split heat pumps.
DOE is considering including ANSI/AHRI 1230-2010 as the alternate
test procedure in its subsequent decision and order.
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, pursuant to 10 CFR
[[Page 19074]]
431.401(d). The contact information for the petitioner is: Chris
Bellshaw, Director of Product and Engineering, 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 March 30, 2011.
Kathleen Hogan,
Deputy Assistant Secretary for Energy Efficiency, Office of Technology
Development, Energy Efficiency and Renewable Energy.
November 22, 2010
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 Sec. 431.401(a)(1)
(2010) for a waiver of the test procedures applicable to commercial
air conditioners and heat pumps, as established in 10 CFR Sec.
431.96 (2010) and ARI Standard 340/360-20043, for the Daikin VRV
III-PB system. The specific models for which DACA requests this
waiver in the Daikin VRV III-PB 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 III-PB 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
Sec. 431.401(a)(2) (2010). Daikin is simultaneously proposing that
DOE establish AHRI Standard 1230 (2010) as the alternate test method
for the Daikin VRV III-PB product class in association with the
requested interim waiver and waiver.
---------------------------------------------------------------------------
\3\ 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.
---------------------------------------------------------------------------
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
ensure peak operating performance of the overall system and to
optimize energy efficiency. DACA has designed the VRV III-PB 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 Air Cooled VRV III-PB Products
DACA's VRV III-PB system has the following characteristics and
applications:
DACA's VRV III-PB products are an air conditioning
system that includes numerous individually controllable discrete
indoor units.
The VRV III-PB system consists of multi-split, multi-
zone units utilizing one or multiple outdoor units that serve up to
sixty indoor units.
The VRV III-PB 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 III 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 III-PB system can efficiently operate the
compressor at loads as small as 7% of the rated capacity of the
system, resulting in significant energy savings.
The VRV III-PB system employs variable speed indoor and
outdoor high efficiency fan motors to precisely control operating
pressures and airflow rates.
The VRV III-PB system uses electronically controlled
expansion valves to precisely control refrigerant flow, superheat,
sub-cooling, pump down functions and even oil flow throughout the
system.
Particular Basic Models for Which a Waiver Is Requested
DACA requests a waiver from the test procedures for the
following VRV III-PB basic model groups:
VRV III-PB Series Outdoor Units:
460V/3-phase/60Hz Models:
[cir] Heat Pump models RXYQ72PBYD, RXYQ96PBYD, RXYQ120PBYD,
RXYQ144PBYD, RXYQ168PBYD, RXYQ192PBYD, RXYQ216PBYD, RXYQ240PBYD,
RXYQ264PBYD, RXYQ288PBYD, RXYQ312PBYD, RXYQ336PBYD, RXYQ360PBYD with
nominal cooling capacities of 72,000, 96,000, 120,000, 144,000,
168,000, 192,000, 216,000, 240,000, 264,000, 288,000, 312,000,
336,000 and 360,000 Btu/hr respectively.
[cir] Heat Recovery models REYQ72PBYD, REYQ96PBYD, REYQ120PBYD,
REYQ144PBYD (2x REMQ72PBYD), REYQ168PBYD (1x REMQ96PBYD + 1x
REMQ72PBYD), REYQ192PBYD (2x REMQ96PBYD), REYQ216PBYD (1x
REMQ120PBYD + 1x REMQ96PBYD), REYQ240PBYD (2x REMQ120PBYD),
REYQ264PBYD (1x REMQ72PBYD + 2x REMQ96PBYD), REYQ288PBYD (1x
REMQ120PBYD + 1x REMQ96PBYD + 1x REMQ72PBYD), REYQ312PBYD (2x
REMQ96PBYD + 1x REMQ120PBYD), REYQ336PBYD (2x REMQ120PBYD + 1x
REMQ96PBYD), with nominal cooling capacities of 72,000, 96,000,
120,000, 144,000, 168,000, 192,000, 216,000, 240,000 264,000,
288,000, 312,000 and 336,000 Btu/hr respectively.
208-230V/3-phase/60Hz Models:
[cir] Heat Pump models RXYQ72PBTJ, RXYQ96PBTJ, RXYQ120PBTJ,
RXYQ144PBTJ, RXYQ168PBTJ, RXYQ192PBTJ, RXYQ216PBTJ, RXYQ240PBTJ,
RXYQ264PBTJ, RXYQ288PBTJ, RXYQ312PBTJ, RXYQ336PBTJ, RXYQ360PBTJ with
nominal cooling capacities of 72,000, 96,000, 120,000, 144,000,
168,000, 192,000, 216,000, 240,000, 264,000, 288,000, 312,000,
336,000 and 360,000 Btu/hr respectively.
Heat Recovery models REYQ72PBTJ, REYQ96PBTJ,
REYQ120PBTJ, REYQ144PBTJ, REYQ168PBTJ (1x REMQ96PBTJ + 1x
REMQ72PBTJ), REYQ192PBTJ (2x REMQ96PBTJ), REYQ216PBTJ (1x
REMQ120PBTJ + 1x REMQ96PBTJ), REYQ240PBTJ (2x REMQ120PBTJ),
REYQ264PBTJ (1x REMQ72PBTJ + 2x REMQ96PBTJ), REYQ288PBTJ (1x
REMQ120PBTJ + 1x REMQ96PBTJ + 1x REMQ72PBTJ), REYQ312PBTJ (2x
REMQ96PBTJ + 1x REMQ120PBTJ), REYQ336PBTJ (2x REMQ120PBTJ + 1x
REMQ96PBTJ), with nominal cooling capacities of 72,000, 96,000,
120,000, 144,000, 168,000, 192,000, 216,000, 240,000 264,000,
288,000, 312,000 and 336,000 Btu/hr respectively.
Compatible Indoor Units for Above Listed Outdoor Units:
FXAQ Series all mounted indoor units with nominal
capacities of 7,500, 9,500, 12,000, 18,000 and 24,000 Btu/hr.
FXLQ Series floor mounted indoor units with nominal
capacities of 12,000, 18,000 and 24,000Btu/hr.
FXNQ Series concealed floor mounted indoor units with
nominal capacities of 12,000, 18,000 and 24,000 Btu/hr.
FXDQ Series low static ducted indoor units with nominal
capacities of 7,500, 9,500, 12,000, 18,000 and 24,000 Btu/hr.
FXSQ Series medium static ducted indoor units with
nominal capacities of 7,500, 9,500, 12,000, 18,000, 24,000, 30,000,
36,000, 48,000 Btu/hr.
FXMQ Series medium/high static ducted indoor units with
nominal capacities of
[[Page 19075]]
7,500, 9,500, 12,000, 18,000, 24,000, 30,000, 36,000, 48,000, 72,000
and 96,000 Btu/hr.
FXZQ Series recessed cassette indoor units with nominal
capacities of 7,500, 9,500, 12,000 and 18,000 Btu/hr.
FXFQ Series recessed cassette indoor units with nominal
capacities of 9,500, 12,000, 18,000, 24,000, 30,000, 36,000 & 48,000
Btu/hr.
FXHQ Series ceiling suspended indoor units with nominal
capacities of 12,000, 24,000 and 36,000 Btu/hr.
FXTQ Series ceiling suspended indoor units with nominal
capacities of 12,000, 18,000, 24,000, 30,000, 36,000, 42,000, 48,000
and 54,000 Btu/hr.
FXMQ-MF Series concealed ducted indoor units with
nominal capacities of 48,000, 72,000, and 96,000 Btu/hr.
Design Characteristics Constituting the Grounds for DACA's Petition
DACA's VRV III-PB Series product offering consists of multiple
indoor units being connected to an air-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, Floor Standing,
Ceiling Concealed, and Multi Position AHU. DACA is currently developing
additional indoor unit models for future market introduction. There are
over one million combinations possible with the current DACA VRV III
product offering. It is completely impractical for testing laboratories
to test a product such as the VRV III-PB Series with multiple indoor
units because of the astronomical number of potential system
configurations.
DACA's VRV III-PB products share many of the design characteristics
and features of DACA's VRV-III, VRV-S, VRV III-C and VRV W-III 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.\2\ Like the VRV-III products for which DOE granted a waiver,
the VRV III-PB products use air to reject heat. The same testing
constraints and limitations apply to all of these products.
---------------------------------------------------------------------------
\2\ DOE granted DACA a waiver for its VRV and VRV-S product
lines on July 10, 2008. 73 Fed. Reg. 39,680. DOE granted MEUS a
waiver for its CITY MULTI VRFZ class of products.69 Fed. Reg. 52,660
(August 27, 2004). DOE granted DACA a waiver for its VRV-WII product
lines on January 7, 2008. 73 Fed. Reg. 1,213. DOE granted DACA a
waiver for its VRV-III-C product line on December 15, 2009. 74 Fed.
Reg. 66,324. DOE also granted DACA a waiver for its VRV-WIII
products on January 29, 2010. 75 Fed. Reg. 4,975. DOE granted DACA a
waiver for its VRV-III systems on April 8, 2009. 74 Fed. Reg.
15,955.
---------------------------------------------------------------------------
DOE stated the following in the notice granting DACA a waiver for
VRV-III:
DOE believes that the VRV-III Daikin equipment and equipment for
which waivers have previously been granted are alike with respect to
the factors that make them eligible for test procedure waivers. DOE is
therefore granting to Daikin a VRV-III product waiver similar to the
previous MEUS multi-split waivers.
74 Fed. Reg. at 15,957.
Manufacturers of Other Basic Models Incorporating Similar Design
Characteristics
The DACA VRV III-PB Series system operates in similar
configurations as the VRV-III system. The reasons and rationale that
DOE has already articulated to support previous DACA, MEUS, Sanyo, LG,
Samsung and Fujitsu waivers for multi-split, multi-zoned air
conditioners (including the DACA VRV-III system) also apply to the DACA
VRV III-PB Series products. Therefore, DOE should conclude that the
design characteristics of DACA's VRV III-PB product class prevent
testing of the basic VRV III-PB 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 These standards, which are applicable to large
commercial and industrial unitary air conditioning and heat pump
equipment, are referenced in Table 1 to 10 CFR Sec. 431.96, and are
made applicable to Daikin's large commercial air cooled VRV III-PB
products in 10 CFR Sec. 431.96(a).
Detailed Discussion of Need for Requested Waiver
Although the capacity of Daikin's VRV III-PB product class are
within the scope of ARI 340/360-2004, the design characteristics of the
VRV III-PB 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 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 does 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 III-PB Series
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.
Alternate Test Procedure
DACA proposes that DOE apply AHRI Standard 1230-2010: Performance
Rating of Variable Refrigerant Flow (VRF) Multi-Split Air-Conditioning
and Heat Pump Equipment, as the alternate test procedure for DOE to
apply to the covered VRV III-PB products as a condition of the
requested waiver and interim waiver. The Air-Conditioning, Heating &
Refrigeration Institute (AHRI) has recently adopted this standard. AHRI
developed AHRI Standard 1230-2010 to apply to multi-split air
conditioning and heat pump equipment like the VRV III-PB, and AHRI
intends to eventually submit its Standard 1230-2010 to DOE for
inclusion in 10 CFR Part 431 as the proposed test method for the
product category that includes DACA's VRV III-PB class.
ASHRAE Standard 90.1 will incorporate AHRI Standard 1230-2010 by
reference effective January 1, 2011. Also, EPA has recognized Standard
1230-2010 in the eligibility requirements (see: https://www.energystar.gov/index.cfm?c=lchvac.pr_crit_lchvac) for the Light
Commercial EnergyStar category. Because DACA believes that AHRI
Standard 1230-2010 will eventually become the applicable test standard
for VRV III-PB products under
[[Page 19076]]
10 CFR Part 431, and because AHRI Standard 1230-2010 will adequately
address all of the conditions that are causing DACA to request this
testing waiver, DACA requests that DOE make AHRI Standard 1230-2010
immediately applicable to VRV III-PB as a term of a waiver and interim
waiver.
DOE can obtain a copy of AHRI Standard 1230-10 from the following
web site: https://www.ahrinet.org/Content/FindaStandard_218.aspx?Listing_PK=1120
Application for Interim Waiver
DACA also hereby applies pursuant to 10 CFR Sec. 431.401(a)(2) for
an interim waiver of the applicable test procedure requirements for the
VRV III-PB 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 III-PB product class. As explained above in the
DACA's Petition for Waiver, the design characteristics of the VRV III-
PB 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 III-PB
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, Sanyo Fisher (USA) Corp, LG Electronics,
Inc., and Quietside Corporation (Samsung Air Conditioning).
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 III-PB 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 III-
PB 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 R2 and Y product classes,
which will compete directly with DACA's VRV III-PB 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 III-PB product class will provide superior comfort to the
end user, will allow for independent zoning of facilities, and will
incorporate state of the art technology such as variable speed
compressors utilizing neodymium magnets to increase efficiency and
electronic control of compressor speed, fan speed and even metering
device opening positions. The VRV III-PB 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 approve our Application for Interim Waiver
so we can bring the new highly energy efficient technology represented
by the VRV III-PB 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. respectfully requests that DOE approve
its Petition for Waiver of the applicable test procedure to DACA for
the VRV III-PB product design, and to approve an approval for 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 Chris Bellshaw, Director of Product and Engineering at
972-245-1510 or by e-mail at chris.bellshaw@daikinac.com if you have
any questions.
Sincerely,
Akinori Atarashi
President
Daikin AC (Americas) Inc.
1645 Wallace Drive
Suite 110
Carrollton, Texas 75006
(Submitted in triplicate)
I certify that DACA has sent copies of this Petition for Waiver
from Testing Requirements to the following known manufacturers of
domestically marked units of the same product type:
Fujitsu General America, Inc.:
Arturo Thur De Koos
Engineering & Technical Support
Fujitsu General America, Inc.
353 Route 46 West
Fairfield, NJ 07004
LG Electronics USA, Inc.:
John I. Taylor
Vice President
Government Relations and Communications
LG Electronics USA, Inc.
1776 K Street, NW
Washington, DC 20006
Mitsubishi Electric & Electronics USA, Inc.:
William Rau
Senior Vice President and General Manager
Mitsubishi Electric & Electronics USA, Inc.
4300 Lawrenceville-Suwanee Road
Suwanee, GA 30024
Samsung Air Conditioning:
John Miles
Vice President Sales & Engineering
Quietside Corporation
Samsung Air Conditioning
8750 Pioneer Boulevard
Santa Fe Springs, CA 90670
Sanyo Fisher (USA) Corp.:
Gary Nettinger
Vice President, Technical and Service
Sanyo Fisher (USA) Corp.
1690 Roberts Blvd., Suite 110
Kennesaw, GA 30144
[FR Doc. 2011-8220 Filed 4-5-11; 8:45 am]
BILLING CODE 6450-01-P
