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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[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: E:\FR\FM\06APN1.SGM 06APN1 19070 Federal Register / Vol. 76, No. 66 / Wednesday, April 6, 2011 / Notices mstockstill on DSKH9S0YB1PROD with NOTICES 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. VerDate Mar<15>2010 16:52 Apr 05, 2011 Jkt 223001 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 PO 00000 Frm 00042 Fmt 4703 Sfmt 4703 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 E:\FR\FM\06APN1.SGM 06APN1 Federal Register / Vol. 76, No. 66 / Wednesday, April 6, 2011 / Notices mstockstill on DSKH9S0YB1PROD with NOTICES 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 VerDate Mar<15>2010 16:52 Apr 05, 2011 Jkt 223001 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. PO 00000 Frm 00043 Fmt 4703 Sfmt 4703 19071 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. E:\FR\FM\06APN1.SGM 06APN1 19072 Federal Register / Vol. 76, No. 66 / Wednesday, April 6, 2011 / Notices mstockstill on DSKH9S0YB1PROD with NOTICES 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 VerDate Mar<15>2010 16:52 Apr 05, 2011 Jkt 223001 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. PO 00000 Frm 00044 Fmt 4703 Sfmt 4703 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 E:\FR\FM\06APN1.SGM 06APN1 mstockstill on DSKH9S0YB1PROD with NOTICES Federal Register / Vol. 76, No. 66 / Wednesday, April 6, 2011 / Notices 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 VerDate Mar<15>2010 16:52 Apr 05, 2011 Jkt 223001 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; PO 00000 Frm 00045 Fmt 4703 Sfmt 4703 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 E:\FR\FM\06APN1.SGM 06APN1 19074 Federal Register / Vol. 76, No. 66 / Wednesday, April 6, 2011 / Notices 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 VerDate Mar<15>2010 16:52 Apr 05, 2011 Jkt 223001 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. PO 00000 Frm 00046 Fmt 4703 Sfmt 4703 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 E:\FR\FM\06APN1.SGM 06APN1 Federal Register / Vol. 76, No. 66 / Wednesday, April 6, 2011 / Notices 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. mstockstill on DSKH9S0YB1PROD with NOTICES 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. VerDate Mar<15>2010 16:52 Apr 05, 2011 Jkt 223001 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 PO 00000 Frm 00047 Fmt 4703 Sfmt 4703 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 E:\FR\FM\06APN1.SGM 06APN1 19076 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 E:\FR\FM\06APN1.SGM 06APN1

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]


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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.

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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