Energy Conservation Program for Certain Industrial Equipment: Publication of the Petition for Waiver From Carrier Corporation and Granting of the Interim Waiver From the Department of Energy Commercial Package Air Conditioner and Heat Pump Test Procedures, 19759-19765 [2011-8401]
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Program Authority: 20 U.S.C. 7345–
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Dated: April 5, 2011.
´
Thelma Melendez de Santa Ana,
Assistant Secretary for Elementary and
Secondary Education.
[FR Doc. 2011–8441 Filed 4–7–11; 8:45 am]
BILLING CODE 4000–01–P
DEPARTMENT OF ENERGY
Office of Energy Efficiency and
Renewable Energy
[Case No. CAC–031]
Energy Conservation Program for
Certain Industrial Equipment:
Publication of the Petition for Waiver
From Carrier Corporation and Granting
of the Interim Waiver From the
Department of Energy Commercial
Package Air Conditioner and Heat
Pump Test Procedures
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 Carrier Corporation (Carrier). The
SUMMARY:
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19759
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 Carrier
variable capacity Super Modular MultiSystem SMMSi (commercial) multi-split
heat pumps. Through this document,
DOE: (1) Solicits comments, data, and
information with respect to the Carrier
petition; and (2) announces the grant of
an interim waiver to Carrier from the
existing DOE test procedure for the
subject commercial multi-split air
conditioners and heat pumps.
DATES: DOE will accept comments, data,
and information with respect to the
Carrierpetition until, but no later than
May 9, 2011.
ADDRESSES: You may submit comments,
identified by case number ‘‘CAC–031,’’
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–031] in
the subject line of the message.
• Mail: Ms. Brenda Edwards, U.S.
Department of Energy, Building
Technologies Program, Mail Stop EE–2J/
1000 Independence Avenue, SW.,
Washington, DC 20585–0121.
Telephone: (202) 586–2945. Please
submit one signed original paper copy.
• Hand Delivery/Courier: Ms. Brenda
Edwards, U.S. Department of Energy,
Building Technologies Program, 950
L’Enfant Plaza, SW., Suite 600,
Washington, DC 20024. Please submit
one signed original paper copy.
Docket: For access to the docket to
review the background documents
relevant to this matter, you may visit the
U.S. Department of Energy, 950 L’Enfant
Plaza SW., (Resource Room of the
Building Technologies Program),
Washington, DC, 20024; (202) 586–2945,
between 9 a.m. and 4 p.m., Monday
through Friday, except 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 and waivers 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
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Building, 1000 Independence Avenue,
SW., Washington, DC 20585–0121.
Telephone: (202) 586–9611. E-mail:
AS_Waiver_Requests@ee.doe.gov.
Ms. Elizabeth Kohl, 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) 586–7796. E-mail:
mailto:Elizabeth.Kohl@hq.doe.gov.
SUPPLEMENTARY INFORMATION:
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I. Background and Authority
Title III of the Energy Policy and
Conservation Act (EPCA) sets forth a
variety of provisions concerning energy
efficiency, including Part B of Title III,
which establishes the ‘‘Energy
Conservation Program for Consumer
Products Other Than Automobiles.’’ (42
U.S.C. 6291–6309) Part C of Title III
provides for a similar energy efficiency
program titled ‘‘Certain Industrial
Equipment,’’ which includes
commercial air conditioning equipment,
package boilers, water heaters, and other
types of commercial equipment.1 (42
U.S.C. 6311–6317)
Today’s notice involves commercial
equipment under Part C. Part C
specifically includes definitions (42
U.S.C. 6311), test procedures (42 U.S.C.
6314), labeling provisions (42 U.S.C.
6315), energy conservation standards
(42 U.S.C 6313), and the authority to
require information and reports from
manufacturers (42 U.S.C. 6316). With
respect to test procedures, 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.
1 applicable to its Super Modular Multi-System
(‘‘SMMSi’’) commercial Variable Refrigerant Flow
(‘‘VRF’’) multi-split systems. Carrier requests this
waiver for the SMMSi systems because the basic
design of VRF multi-split systems prevents testing
or rating according to DOE’s prescribed test
procedures. Carrier also hereby requests an interim
waiver for the same products pursuant to 10 CFR
431.401(a)(2).
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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. 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
Carrier’s commercial SMMSi multi-split
heat pump products at issue in the
waiver petition filed by Carrier range
from 72,000 Btu/h to 220,000 Btu/h. All
of these products are covered by ARI
Standard 340/360–2004, which includes
products 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
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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 February 16, 2011, Carrier filed a
petition for waiver from the test
procedures 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 the Carrier
SMMSi multi-split heat pumps range
from 72,000Btu/hto 220,000Btu/h. The
applicable test procedure for the airsource heat pumps is ARI 340/360–
2004. Manufacturers are directed to use
these test procedures pursuant to Table
1 of 10 CFR 431.96.
Carrier seeks a waiver from the
applicable test procedures under 10 CFR
431.96 on the grounds that its SMMSi
multi-split heat pumps contain design
characteristics that prevent testing
according to the current DOE test
procedures. Specifically, Carrier asserts
that the two primary factors that prevent
testing of its SMMSi multi-split variable
speed products are the same factors
stated in the waivers that DOE granted
to Mitsubishi Electric & Electronics
USA, Inc. (Mitsubishi) and other
manufacturers for similar lines of
commercial multi-split air-conditioning
systems:
• Testing laboratories cannot test
products with so many indoor units;
and
• There are too many possible
combinations of indoor and outdoor
units to test.
Mitsubishi (69 FR 52660, August 27,
2004); 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 66311, 66315,
December 15, 2009) and LG (74 FR
66330, December 15, 2009).
The SMMSi 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 these
products. The SMMSi system consists of
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multiple indoor units connected to an
air-cooled outdoor unit. The indoor
units for these products are available in
a number of potential configurations,
including the following: 4-way cassette,
compact 4-way cassette, high-wall, slim
ducted, medium static ducted, high
static ducted, and ceiling. There are 7
unique outdoor models and 43 unique
indoor models. A single outdoor model
can be connected to up to 38 indoor
units. According to Carrier, the various
indoor and outdoor models can be
connected in a multitude of
configurations, with many thousands of
possible combinations. Consequently,
Carrier requested that DOE grant a
waiver from the applicable test
procedures for its SMMSi product
designs until a suitable test method can
be prescribed.
III. Application for Interim Waiver
On February 16, 2011, Carrier also
submitted an application for an interim
waiver from the test procedures at 10
CFR 431.96 for its SMMSi equipment.
DOE determined that Carrier’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 Carrier 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, Carrier’s
products would not be tested and rated
for energy consumption in the same
manner as equivalent products for
which DOE previously granted waivers.
Furthermore, DOE has determined that
it appears likely that Carrier’s petition
for waiver will be granted and that is
desirable for public policy reasons to
grant Carrier immediate relief pending a
determination on the petition for
waiver. DOE believes that it is likely
Carrier’s petition for waiver for the new
SMMSi multi-split 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 Carrier’s SMMSi products: (1)
Test laboratories cannot test products
with so many indoor units; and (2) it is
impractical to test so many
combinations of indoor units with each
outdoor unit. In addition, DOE believes
2 DOE notes that it has also previously granted
interim waivers to Fujitsu (70 FR 5980 (Feb. 4,
2005)), Samsung (70 FR 9629 (Feb. 28, 2005)),
Mitsubishi (72 FR 17533 (April 9, 2007)), and
Daikin (72 FR 35986 (July 2, 2007)), for comparable
commercial multi-split air conditioners and heat
pumps.
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that similar products 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 Carrier is hereby granted for
Carrier’s SMMSi multi-split heat
pumps, subject to the specifications and
conditions below.
1. Carrier shall not be required to test
or rate its SMMSi commercial multisplit products on the basis of the
existing test procedures under 10 CFR
431.96, which incorporates by reference
ARI 340/360–2004.
2. Carrier shall be required to test and
rate its SMMSi commercial multi-split
products according to the alternate test
procedure as set forth in section IV(3),
‘‘Alternate test procedure.’’
The interim waiver applies to the
following basic model groups:
Standard model outdoor units:
MMY–MAP0724HT9UL, with a capacity of
72,000 Btu/hr
MMY–MAP0964HT9UL, with a capacity of
96,000 Btu/hr
MMY–MAP1144HT9UL, with a capacity of
114,000 Btu/hr
MMY–AP1444HT9UL, with a capacity of
144,000 Btu/hr
MMY–AP1684HT9UL, with a capacity of
168,000 Btu/hr
MMY–AP1924HT9UL, with a capacity of
192,000 Btu/hr
MMY–AP2284HT9UL, with a capacity of
220,000 Btu/hr
Indoor units, whose capacities range
from 7,000 to 48,000 Btu/hr that are
compatible with the outdoor units listed
above:
4-way cassette
MMU–AP0182H2UL, MMU–AP0212H2UL,
MMU–AP0242H2UL, MMU–
AP0302H2UL, MMU–AP0362H2UL, and
MMU–AP0422H2UL
Compact 4-way cassette
MMU–AP0071MH2UL, MMU–
AP0091MH2UL, MMU–AP0121MH2UL,
MMU–AP0151MH2UL, and MMU–
AP0181MH2UL
Ceiling
MMC–AP0181H2UL, MMC–AP0241H2UL,
MMC–AP0361H2UL, and MMC–
AP0421H2UL
High-wall
MMK–AP0073H2UL, MMK–AP0093H2UL,
MMK–AP0123H2UL, MMK–
AP0153H2UL, MMK–AP0183H2UL, and
MMK–AP0243H2UL
Slim ducted
MMD–AP0071SPH2UL, MMD–
AP0091SPH2UL, MMD–
AP0121SPH2UL, MMD–
AP0151SPH2UL, and MMD–
AP0181SPH2UL
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Medium static ducted
MMD–AP0071BH2UL, MMD–
AP0091BH2UL, MMD–AP0121BH2UL,
MMD–AP0151BH2UL, MMD–
AP0181BH2UL, MMD–AP0211BH2UL,
MMD–AP0241BH2UL, MMD–
AP0301BH2UL, MMD–AP0361BH2UL,
MMD–AP0421BH2UL, and MMD–
AP0481BH2UL
High static ducted
MMD–AP0151H2UL, MMD–AP0181H2UL,
MMD–AP0241H2UL, MMD–
AP0301H2UL, MMD–AP0361H2UL, and
MMD–AP0481H2UL
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.
DOE makes decisions on waivers and
interim waivers for only those models
specifically set out in the petition, not
future models that may be manufactured
by the petitioner. Carrier may submit a
new or amended petition for waiver and
request for grant of interim waiver, as
appropriate, for additional models of
commercial package air conditioners
and heat pumps for which it seeks a
waiver from the DOE test procedure. In
addition, DOE notes that grant of an
interim waiver or waiver does not
release a petitioner from the
certification requirements set forth at 10
CFR Part 431, Subpart T.
IV. Alternate Test Procedure
In responses to two petitions for
waiver from Mitsubishi, DOE specified
an alternate test procedure to provide a
basis from which Mitsubishi could test
and make valid energy efficiency
representations for its R410A CITY
MULTI products, as well as for its R22
multi-split products. Alternate test
procedures related to the Mitsubishi
petitions were published in the Federal
Register on April 9, 2007. See 72 FR
17528 and 72 FR 17533. For reasons
similar to those published in these prior
notices, DOE believes that an alternate
test procedure is appropriate in this
instance.
DOE understands that existing testing
facilities have 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
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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 AHRI—‘‘ANSI/AHRI
1230—2010: Performance Rating of
Variable Refrigerant Flow (VRF) MultiSplit Air-Conditioning and Heat Pump
Equipment’’ and incorporated into
ASHRAE 90.1—2010. The commercial
multisplit waivers that DOE has granted
to Mitsubishi and several other
manufacturers and the alternate test
procedure set forth in those waivers are
consistent with ANSI/AHRI 1230–2010.
The waivers use a definition of ‘‘tested
combination’’ that is substantially the
same as the definition in ANSI/AHRI
1230–2010. As a result, DOE is
considering prescribing ANSI/AHRI
1230–2010 in the subsequent decision
and order as the alternate test procedure
for this Carrier waiver. For the interim
waiver, however, DOE will continue to
require the use of the alternate test
procedure prescribed in the past multisplit waivers.
Therefore, as a condition for granting
this interim waiver to Carrier, DOE is
including an alternate test procedure
similar to those granted to Mitsubishi
for its R22 and R410A products. This
alternate test procedure will allow
Carrier to test and make energy
efficiency representations for its SMMSi
products. DOE has applied a similar
alternate test procedure to other waivers
for similar residential and commercial
central air conditioners and heat pumps
manufactured by Mitsubishi (72 FR
17528, April 9, 2007); Samsung (72 FR
71387, Dec. 17, 2007); Fujitsu (72 FR
71383, Dec. 17, 2007); Daikin (73 FR
39680, July 10, 2008); Daikin (74 FR
15955, April 8, 2009); Daikin (74 FR
16193, April 9, 2009); Daikin (74 FR
16373, April 10, 2009); Mitsubishi (74
FR 66311, 66315, December 15, 2009)
and LG (74 FR 66330, December 15,
2009).
The alternate test procedure
developed in conjunction with the
Mitsubishi waiver permits Carrier 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 from two to
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 2 and 5 indoor
units. The maximum number of indoor
units in a tested combination is
increased in this instance from 5 to 8 to
account for the fact that these larger-
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capacity products 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 airconditioning and heat pump products.
DOE is including the following waiver
language in the interim waiver for
Carrier’s SMMSi commercial multi-split
water-source heat pump models:
(1) The petition for waiver filed by
Carrier Corporation is hereby granted as
set forth in the paragraphs below.
(2) Carrier shall not be required to use
existing test procedures to test or rate its
SMMSi variable capacity multi-split
heat pump products listed above, but
shall be required to test and rate such
products according to the alternate test
procedure as set forth in paragraph (3).
(3) Alternate test procedure.
(A) Carrier shall be required to test the
products listed in above according to
the test procedures for central air
conditioners and heat pumps prescribed
by DOE at 10 CFR 431.96, except that
Carrier 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, Carrier
shall make representations concerning
the SMMSi products covered in this
waiver according to the provisions of
subparagraph (C) below.
(B) Tested combination. The term
tested combination means a sample
basic model comprised of units that are
production units, or are representative
of production units, of the basic model
being tested. For the purposes of this
waiver, the tested combination shall
have the following features:
(1) The basic model of a variable
refrigerant flow system used as a tested
combination shall consist of one
outdoor unit, with one or more
compressors, that is matched with
between 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, to
enable testing of 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);
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(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
§ 2.4.1 of 10 CFR part 430, subpart B,
appendix M.
(C) Representations. In making
representations about the energy
efficiency of its SMMSi variable
capacity multi-split heat pump products
for compliance, marketing, or other
purposes, Carrier must fairly disclose
the results of testing under the DOE test
procedurein a manner consistent with
the provisions outlined below:
(1) For SMMSi combinations tested in
accordance with this alternate test
procedure, Carrier may make
representations based on these test
results.
(2) For SMMSi combinations that are
not tested, Carrier 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 Carrier petition
for waiver from the test procedures
applicable to Carrier’s SMMSi
commercial multi-split heat pump
products. For the reasons articulated
above, DOE also grants Carrier an
interim waiver from those procedures.
As part of this notice, DOE is publishing
Carrier’s petition for waiver in its
entirety. The petition contains no
confidential information. Furthermore,
today’s notice includes an alternate test
procedure that Carrier is required to
follow as a condition of its interim
waiver. In this alternate test procedure,
DOE is defining a tested combination
that Carrier could use in lieu of testing
all retail combinations of its SMMSi
multi-split heat pump products.
DOE is interested in receiving
comments on the issues addressed in
this notice. Pursuant to 10 CFR
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431.401(d), any person submitting
written comments must also send a
copy of such comments to the
petitioner, pursuant to 10 CFR
431.401(d). The contact information for
the petitioner is: Dr. John Galbraith, VP
of RCS Engineering, Carrier Corporation,
7310 West Morris Street, Indianapolis,
IN 46231. 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.
srobinson on DSKHWCL6B1PROD with NOTICES
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.
February 16, 2011.
Ms. Catherine Zoi, Assistant Secretary
for Energy Efficiency and
Renewable Energy, U.S. Department
of Energy, 1000 Independence
Avenue, SW., Washington, DC
20585–0121.
Re: Petition for Waiver and Application
for Interim Waiver From
Department of Energy Commercial
Package Air Conditioner and Heat
Pump Test Procedures
Dear Assistant Secretary Zoi:
Pursuant to 10 CFR 431.401(a), Carrier
Corporation (‘‘Carrier’’) respectfully
petitions the Department of Energy
(‘‘DOE’’) for a waiver of the test
procedure set forth at 10 CFR 431.96,
i.e., ARI Standard 340/360–2004,
1 applicable to its Super Modular
Multi-system (‘‘SMMSi’’) commercial
1 As of the date of this petition and application,
the current version of 10 CFR 431.96 (2010)
incorporates by reference ARI Standard 340/360–
2004. In the event that DOE incorporates by
reference a more recent iteration of ARI Standard
VerDate Mar<15>2010
16:41 Apr 07, 2011
Jkt 223001
Variable Refrigerant Flow (‘‘VRF’’) multisplit systems. Carrier requests this
waiver for the SMMSi systems because
the basic design of VRF multi-split
systems prevents testing or rating
according to DOE’s prescribed test
procedures. Carrier also hereby requests
an interim waiver for the same products
pursuant to 10 CFR 431.401(a)(2).
Background
Carrier is a wholly-owned subsidiary
of United Technologies Corporation.
Carrier provides heating, ventilation,
air-conditioning and refrigeration
(HVACR) systems, controls, services,
and sustainable building solutions for
residential, commercial, industrial, food
service, and transportation applications.
Carrier would like to initiate the
marketing and sale of the SMMSi
systems as early as March 2011. Carrier
will import the systems from two of its
joint ventures: Toshiba Carrier
Corporation (Japan) and Toshiba Carrier
Thailand Co. Ltd.
Carrier’s SMMSi VRF multi-split
products contain design characteristics
that prevent testing of the system using
the procedures incorporated by
reference at 10 CFR 431.96, ARI
Standard 340/360–2004. This standard
does not provide a feasible method of
testing and rating a system that: (i)
Utilizes multiple indoor and outdoor
units; and (ii) allows for the mixing of
different types and capacities of indoor
units within the same system. Carrier’s
products that are the subject of this
petition and application involve 7
unique outdoor models 2 and 43 unique
indoor models. A single outdoor model
can be connected to up to 38 indoor
units. Moreover, the various indoor and
outdoor models can be connected in a
multitude of configurations. Simply put,
there are many thousands of possible
combinations.
A waiver and interim waiver for
Carrier’s SMMSi systems are warranted
for reasons cited previously in other
applications for waiver for similar
commercial multi-split air conditioning
systems. The two key reasons are, first,
that testing laboratories are unable to
test products with so many indoor units
(up to 38) connected to an outdoor
system. Second, there are too many
possible combinations of indoor and
outdoor units to be feasibly tested. In
addition, DOE has granted waivers to
340/360 in 2011 version of 10 CFR 431.96, Carrier
hereby requests a waiver from those test procedures
as well.
2 The 7 outdoor models include 6-ton, 8-ton, and
9.5-ton units, as well as combinations of these units
that result in 12-ton, 14-ton, 16-ton, and 19-ton
units. The model numbers and capacities for these
7 units are provided in Section II.
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19763
numerous other comparable
commercial, multi-split VRF systems,
including Mitsubishi Electric &
Electronics USA, 72 FR 17528 (Apr. 9,
2007); Samsung, 72 FR 71387 (Dec. 17,
2007); Fujitsu, 72 FR 71383 (Dec. 17,
2007); SANYO North America Corp., 75
FR 41845 (July 19, 2010); LG Electronics
U.S.A., Inc., 74 FR 66330 (Dec. 15,
2009); and Daikin AC (Americas), 74 FR
16373 (Apr. 10, 2009).
Basic Models for Which a Waiver Is
Requested
Carrier seeks a waiver from the test
procedures in 10 CFR 431.96 for the
following basic models:
Standard model outdoor units:
MMY–MAP0724HT9UL, with a capacity of
72,000 Btu/hr
MMY–MAP0964HT9UL, with a capacity of
96,000 Btu/hr
MMY–MAP1144HT9UL, with a capacity of
114,000 Btu/hr
MMY–AP1444HT9UL, with a capacity of
144,000 Btu/hr
MMY–AP1684HT9UL, with a capacity of
168,000 Btu/hr
MMY–AP1924HT9UL, with a capacity of
192,000 Btu/hr
MMY–AP2284HT9UL, with a capacity of
220,000 Btu/hr
All outdoor units identified above are
compatible for use with the below listed
indoor units, whose capacities range
from 7,000 to 48,000 Btu/hr:
4-way cassette
MMU–AP0182H2UL, MMU–AP0212H2UL,
MMU–AP0242H2UL, MMU–
AP0302H2UL, MMU–AP0362H2UL, and
MMU–AP0422H2UL
Compact 4-way cassette
MMU–AP0071MH2UL, MMU–
AP0091MH2UL, MMU–AP0121MH2UL,
MMU–AP0151MH2UL, and MMU–
AP0181MH2UL
Ceiling
MMC–AP0181H2UL, MMC–AP0241H2UL,
MMC–AP0361H2UL, and MMC–
AP0421H2UL
High-wall
MMK–AP0073H2UL, MMK–AP0093H2UL,
MMK–AP0123H2UL, MMK–
AP0153H2UL, MMK–AP0183H2UL, and
MMK–AP0243H2UL
Slim ducted
MMD–AP0071SPH2UL, MMD–
AP0091SPH2UL, MMD–
AP0121SPH2UL, MMD–
AP0151SPH2UL, and MMD–
AP0181SPH2UL
Medium static ducted
MMD–AP0071BH2UL, MMD–
AP0091BH2UL, MMD–AP0121BH2UL,
MMD–AP0151BH2UL, MMD–
AP0181BH2UL, MMD–AP0211BH2UL,
MMD–AP0241BH2UL, MMD–
AP0301BH2UL, MMD–AP0361BH2UL,
MMD–AP0421BH2UL, and MMD–
AP0481BH2UL
High static ducted
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srobinson on DSKHWCL6B1PROD with NOTICES
MMD–AP0151H2UL, MMD–AP0181H2UL,
MMD–AP0241H2UL, MMD–
AP0301H2UL, MMD–AP0361H2UL, and
MMD–AP0481H2UL
SMMSi System Characteristics
Constituting the Grounds for Carrier’s
Petition
Carrier’s SMMSi VRF multi-split
products allow for the connection of
multiple indoor units to an outdoor
system comprised of one or two outdoor
units. These units contain highly
efficient twin-rotary compressors and
advanced vector-controlled inverters to
allow for greater operating performance
when operating under a constant load.
This improves both energy efficiency
and comfort levels. In addition, the
products’ infinite variable control
adjusts compressor rotation speed in 0.1
Hz steps, which further helps to
minimize energy loss when changing
frequencies and also creates a
comfortable environment subject to
minimal temperature variations.
Carrier’s newly developed VRF
control ensures the right amount of
cooling or heating to satisfy the unique
demands of each room, regardless of the
type of indoor unit used or the length
of the pipes. Moreover, system layouts
can use a maximum equivalent distance
of up to 985 feet, and Carrier’s products
can support height differences of up to
130 feet between indoor units within a
single system.
VRF multi-split technology will help
the United States reduce the amount of
energy required to heat and cool
buildings. Carrier looks forward to
introducing its SMMSi products to
improve the control and comfort of end
users and to help decrease the nation’s
overall energy usage.
As indicated above, DOE has
previously granted waivers and interim
waivers to other manufacturers of
similar VRF multi-split equipment that
share the same basic system
characteristics as that of Carrier’s
SMMSi products. See, e.g., 75 FR 41845
(July 19, 2010) (order granting Sanyo’s
petition for waiver); 74 FR 66330 (Dec.
15, 2009) (order granting LG’s petition
for waiver); 74 FR 16373 (Apr. 10, 2009)
(order granting Daikin’s petition for
waiver); 72 FR 71387 (Dec. 17, 2007)
(order granting Samsung’s petition for
waiver); 72 FR 71383 (Dec. 17, 2007)
(order granting Fujitsu’s petition for
waiver); 72 FR 17528 (Apr. 9, 2007)
(order granting Mitsubishi’s petition for
waiver); see also 75 FR 13114) (Mar. 18,
2010) (granting Sanyo’s application for
interim waiver); 74 FR 66324 (Dec. 15,
2009) (granting Daikin’s application for
interim waiver); 74 FR 20688 (May 5,
2009) (granting LG’s application for
VerDate Mar<15>2010
16:41 Apr 07, 2011
Jkt 223001
interim waiver); 71 FR 14858 (Mar. 24,
2006) (granting Mitsubishi’s application
for interim waiver).
Specific Testing Requirements Sought
To Be Waived
Carrier’s petition seeks a waiver from
the applicable test procedures set forth
at 10 CFR 431.96. Specifically, Carrier
petitions for waiver from the test
conditions and procedures of ARI
Standard 340/360–2004 for its SMMSi
products with nominal capacity greater
than or equal to 65,000 BTU/hr, but less
than 760,000 BTU/hr.
Identity of Manufacturers of Similar
Basic Models
To the best of Carrier’s knowledge, the
following manufacturers currently
market similar VRF products within the
United States:
Daikin AC (Americas), Inc.
Fujitsu General America, Inc.
LG Electronics U.S.A., Inc.
Mitsubishi Electric & Electronics
USA, Inc.
SANYO North America Corp.
Alternate Testing Procedures
Carrier requests that DOE approve as
an alternate test procedure the
procedures outlined in the current AHRI
Standard 1230, Performance Rating of
Variable Refrigerant Flow (VRF) MultiSplit Air-Conditioning and Heat Pump
Equipment Standard. These procedures
are substantially similar to those that
DOE has applied in the VRF waivers
granted to date, with changes intended
to make the efficiency ratings based on
the standard more comparable to other
types of equipment that could be used
in place of VRF systems. This requested
alternate testing procedure is
appropriate for several reasons. First,
AHRI plans to launch a VRF
certification program based on AHRI
Standard 1230. Second, ASHRAE has
specified AHRI Standard 1230 as the
test standard for VRF systems in
ASHRAE Standard 90.1–2010, which
establishes efficiency requirements for
VRF systems. Notably, in a previous
waiver proceeding (75 FR 25,224,
25,226 (May 7, 2010)) Carrier
commented that DOE should require
similar products to be tested per AHRI
1230. DOE responded that AHRI 1230
had not yet been adopted by ASHRAE.
This is no longer the case.
Adopting Standard 1230 as an
alternate test procedure would eliminate
the need for Carrier to test the SMMSi
system using two different testing
protocols. If DOE applies something
other than Standard 1230, Carrier would
have to test its systems using: (i) AHRI
Standard 1230 to receive AHRI
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Fmt 4703
Sfmt 4703
certification and to show compliance
with the efficiency levels in ASHRAE
90.1; and (ii) whatever alternate test
procedure that DOE requires as a
condition of granting this waiver
request. Third, given the requirements
for varying interconnecting tube lengths
with system capacity, the latest edition
of Standard 1230 provides a more
accurate comparison of the energy
efficiency ratings of VRF products and
non-VRF alternative systems than do the
alternate procedures that DOE has
previously applied in other waiver
approvals.
Application for Interim Waiver
Pursuant to 10 CFR 431.401(a)(2),
Carrier also submits an Application for
Interim Wavier of 10 CFR 431.96 and
ARI Standard 340/360–2004 for the
SMMSi VRF multi-split models listed in
Section II above. Carrier’s application
should be granted for the following
reasons.
First, Carrier is likely to succeed on
its Petition for Wavier because there is
no reasonable argument that ARI
Standard 340/360–2004 can be applied
to its SMMSi product class. Existing
testing facilities are not designed to test
multi-split VRF systems with so many
indoor and outdoor units and possible
combinations. Indeed, as explained
above, DOE has granted similar
petitions for waiver and applications for
interim waiver from several companies
based on the same rationale offered by
Carrier in this Petition and Application.
Those prior approvals confirm that the
test procedures incorporated by
reference into 10 CFR 431.96 do not
adequately define uniform testing and
rating methods for VRF multi-split
products.
Second, Carrier is likely to suffer
economic hardship and a competitive
disadvantage if DOE does not grant its
application for interim waiver. Other
manufacturers of similar products have
already received waivers and are able to
market and distribute their VRF multisplit products. Without an interim
waiver, Carrier will be unable to
introduce its SMMSi product line in the
United States in March 2011 as
currently planned. A significant portion
of Carrier’s projected revenues depends
on the timely introduction of this
product line into the United States
market. In the event that Carrier must
await completion of DOE’s waiver
process, its revenues and market share
will be negatively affected.
Finally, Carrier’s application for
interim waiver is supported by sound
public policy reasons, as DOE recently
recognized in granting a similar
application: ‘‘[I]n those instances where
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08APN1
Federal Register / Vol. 76, No. 68 / Friday, April 8, 2011 / Notices
the likely success of the Petition for
Waiver has been demonstrated, based
upon DOE having granted a waiver for
similar products design, it is in the
public interest to have similar products
tested and rated for energy consumption
on a comparable basis.’’ 73 FR at 1215.
Moreover, Carrier’s SMMSi products
will increase system efficiency, reduce
national energy usage, and benefit end
users in the United States.
Confidential Information
Carrier makes no request to DOE
regarding the confidential treatment of
any information contained in this
Petition for Waiver and Application for
Interim Waiver.
Conclusion
Carrier respectfully requests that DOE
grant a waiver and interim waiver from
existing test procedures applicable to
Carrier’s SMMSi VRF multi-split
systems and to apply the alternate
testing procedures described above until
such time as a representative test
procedure is developed and adopted for
such products. Otherwise, Carrier will
not be able to compete effectively in the
United States VRF market.
Given that Carrier would like to
introduce its SMMSi product line in
March 2011 and that DOE’s regulations
contemplate a decision on Carrier’s
Application for Interim Waiver within
15 business days, 10 CFR 431.401(e),
Carrier would greatly appreciate a
timely response to this letter request. To
that end, we would be happy promptly
to answer any questions that you might
have and to provide you with any
needed additional information.
Carrier certifies that all manufacturers
listed above in Section V of this request
have been notified by letter of this
petition and application.
Sincerely,
Carrier Corporation,
Dr. John Galbraith,
VP for RCS Engineering.
[FR Doc. 2011–8401 Filed 4–7–11; 8:45 am]
BILLING CODE 6450–01–P
DEPARTMENT OF ENERGY
srobinson on DSKHWCL6B1PROD with NOTICES
Federal Energy Regulatory
Commission
[Project No. 5679–031]
Toutant Hydropower Inc.; Notice of
Application Accepted for Filing,
Soliciting Comments, Motions To
Intervene, and Protests
Take notice that the following
hydroelectric application has been filed
VerDate Mar<15>2010
16:41 Apr 07, 2011
Jkt 223001
with the Commission and is available
for public inspection:
a. Types of Application: Amendment
of License.
b. Project No.: 5679–031.
c. Date Filed: October 12, 2010.
d. Applicant: Toutant Hydropower
Inc.
e. Name of Project: M.S.C. (Toutant)
Hydroelectric Project.
f. Location: The project is located on
the Quinebaugh River, in Windham
County, Connecticut.
g. Filed Pursuant to: Federal Power
Act, 16 U.S.C. 791a–825r.
h. Applicant Contact: Roland Toutant,
Toutant Hydropower, Inc., 80 Bungay
Hill Road, Woodstock, CT 06281, (860)
974–2099.
i. FERC Contact: Mr. Jeremy Jessup,
(202) 502–6779, Jeremy.Jessup@ferc.gov.
j. Deadline for filing comments,
motions to intervene, and protests, is 30
days from the issuance date of this
notice. All documents may be filed
electronically via the Internet. See, 18
CFR 385.2001(a)(1)(iii) and the
instructions on the Commission’s Web
site at https://www.ferc.gov/docs-filing/
efiling.asp. If unable to be filed
electronically, documents may be paperfiled. To paper-file, an original and
seven copies should be mailed to:
Secretary, Federal Energy Regulatory
Commission, 888 First Street, NE.,
Washington, DC 20426. Commenters
can submit brief comments up to 6,000
characters, without prior registration,
using the eComment system at https://
www.ferc.gov/docs-filing/
ecomment.asp. You must include your
name and contact information at the end
of your comments.
Please include the project number (P–
5679–031) on any comments, motions,
or recommendations filed.
k. Description of Request: The
applicant proposes to amend the license
to reflect one refurbished and reinstalled small ‘‘fire pump’’ turbine
direct coupled to a 120 kilowatt, 2300
volt, AC synchronous vertically
mounted generator. The ‘‘fire pump’’
turbine is located in the southwest
corner of the existing turbine pit. The
‘‘fire pump’’ turbine has a rated
maximum hydraulic capacity of 106
cubic feet per second. All of the work
to refurbish and re-install the turbine
and install the generator occurred
within the existing hydropower faculty.
l. Locations of the Application: A
copy of the application is available for
inspection and reproduction at the
Commission’s Public Reference Room,
located at 888 First Street, NE., Room
2A, Washington, DC 20426, or by calling
(202) 502–8371. This filing may also be
viewed on the Commission’s Web site at
PO 00000
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19765
https://www.ferc.gov/docs-filing/
elibrary.asp. Enter the docket number
excluding the last three digits in the
docket number field to access the
document. You may also register online
at https://www.ferc.gov/docs-filing/
esubscription.asp to be notified via email of new filings and issuances
related to this or other pending projects.
For assistance, call 1–866–208–3676 or
e-mail FERCOnlineSupport@ferc.gov,
for TTY, call (202) 502–8659. A copy is
also available for inspection and
reproduction at the address in item (h)
above.
m. Individuals desiring to be included
on the Commission’s mailing list should
so indicate by writing to the Secretary
of the Commission.
n. Comments, Protests, or Motions To
Intervene: Anyone may submit
comments, a protest, or a motion to
intervene in accordance with the
requirements of Rules of Practice and
Procedure, 18 CFR 385.210, .211, .214.
In determining the appropriate action to
take, the Commission will consider all
protests or other comments filed, but
only those who file a motion to
intervene in accordance with the
Commission’s Rules may become a
party to the proceeding. Any comments,
protests, or motions to intervene must
be received on or before the specified
comment date for the particular
application.
o. Filing and Service of Responsive
Documents: Any filing must (1) Bear in
all capital letters the title
‘‘COMMENTS’’, ‘‘PROTEST’’, or
‘‘MOTION TO INTERVENE’’ as
applicable; (2) set forth in the heading
the name of the applicant and the
project number of the application to
which the filing responds; (3) furnish
the name, address, and telephone
number of the person protesting or
intervening; and (4) otherwise comply
with the requirements of 18 CFR
385.2001 through 385.2005. All
comments, motions to intervene, or
protests must set forth their evidentiary
basis and otherwise comply with the
requirements of 18 CFR 4.34(b). All
comments, motions to intervene, or
protests should relate to project works
which are the subject of the license
surrender. Agencies may obtain copies
of the application directly from the
applicant. A copy of any protest or
motion to intervene must be served
upon each representative of the
applicant specified in the particular
application. If an intervener files
comments or documents with the
Commission relating to the merits of an
issue that may affect the responsibilities
of a particular resource agency, they
must also serve a copy of the document
E:\FR\FM\08APN1.SGM
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]]>Agencies
[Federal Register Volume 76, Number 68 (Friday, April 8, 2011)]
[Notices]
[Pages 19759-19765]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-8401]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF ENERGY
Office of Energy Efficiency and Renewable Energy
[Case No. CAC-031]
Energy Conservation Program for Certain Industrial Equipment:
Publication of the Petition for Waiver From Carrier Corporation and
Granting of the Interim Waiver From the Department of Energy Commercial
Package Air Conditioner and Heat Pump Test Procedures
AGENCY: Office of Energy Efficiency and Renewable Energy, Department of
Energy.
ACTION: Notice of petition for waiver, granting of application for
interim waiver, and request for comments.
-----------------------------------------------------------------------
SUMMARY: This notice announces receipt of and publishes a petition for
waiver from Carrier Corporation (Carrier). 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 Carrier variable capacity Super Modular Multi-System SMMSi
(commercial) multi-split heat pumps. Through this document, DOE: (1)
Solicits comments, data, and information with respect to the Carrier
petition; and (2) announces the grant of an interim waiver to Carrier
from the existing DOE test procedure for the subject commercial multi-
split air conditioners and heat pumps.
DATES: DOE will accept comments, data, and information with respect to
the Carrierpetition until, but no later than May 9, 2011.
ADDRESSES: You may submit comments, identified by case number ``CAC-
031,'' 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-031] in the subject line of the message.
Mail: Ms. Brenda Edwards, U.S. Department of Energy,
Building Technologies Program, Mail Stop EE-2J/1000 Independence
Avenue, SW., Washington, DC 20585-0121. Telephone: (202) 586-2945.
Please submit one signed original paper copy.
Hand Delivery/Courier: Ms. Brenda Edwards, U.S. Department
of Energy, Building Technologies Program, 950 L'Enfant Plaza, SW.,
Suite 600, Washington, DC 20024. Please submit one signed original
paper copy.
Docket: For access to the docket to review the background documents
relevant to this matter, you may visit the U.S. Department of Energy,
950 L'Enfant Plaza SW., (Resource Room of the Building Technologies
Program), Washington, DC, 20024; (202) 586-2945, between 9 a.m. and 4
p.m., Monday through Friday, except 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 and waivers 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
[[Page 19760]]
Building, 1000 Independence Avenue, SW., Washington, DC 20585-0121.
Telephone: (202) 586-9611. E-mail: AS_Waiver_Requests@ee.doe.gov.
Ms. Elizabeth Kohl, 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) 586-7796. E-
mail: mailto:Elizabeth.Kohl@hq.doe.gov.
SUPPLEMENTARY INFORMATION:
I. Background and Authority
Title III of the Energy Policy and Conservation Act (EPCA) sets
forth a variety of provisions concerning energy efficiency, including
Part B of Title III, which establishes the ``Energy Conservation
Program for Consumer Products Other Than Automobiles.'' (42 U.S.C.
6291-6309) Part C of Title III provides for a similar energy efficiency
program titled ``Certain Industrial Equipment,'' which includes
commercial air conditioning equipment, package boilers, water heaters,
and other types of commercial equipment.\1\ (42 U.S.C. 6311-6317)
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\1\ applicable to its Super Modular Multi-System (``SMMSi'')
commercial Variable Refrigerant Flow (``VRF'') multi-split systems.
Carrier requests this waiver for the SMMSi systems because the basic
design of VRF multi-split systems prevents testing or rating
according to DOE's prescribed test procedures. Carrier also hereby
requests an interim waiver for the same products pursuant to 10 CFR
431.401(a)(2).
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Today's notice involves commercial equipment under Part C. Part C
specifically includes definitions (42 U.S.C. 6311), test procedures (42
U.S.C. 6314), labeling provisions (42 U.S.C. 6315), energy conservation
standards (42 U.S.C 6313), and the authority to require information and
reports from manufacturers (42 U.S.C. 6316). With respect to test
procedures, 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 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. 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 Carrier's
commercial SMMSi multi-split heat pump products at issue in the waiver
petition filed by Carrier range from 72,000 Btu/h to 220,000 Btu/h. All
of these products are covered by ARI Standard 340/360-2004, which
includes products 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 February 16, 2011, Carrier filed a petition for waiver from the
test procedures 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 the Carrier SMMSi
multi-split heat pumps range from 72,000Btu/hto 220,000Btu/h. The
applicable test procedure for the 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.
Carrier seeks a waiver from the applicable test procedures under 10
CFR 431.96 on the grounds that its SMMSi multi-split heat pumps contain
design characteristics that prevent testing according to the current
DOE test procedures. Specifically, Carrier asserts that the two primary
factors that prevent testing of its SMMSi multi-split variable speed
products are the same factors stated in the waivers that DOE granted to
Mitsubishi Electric & Electronics USA, Inc. (Mitsubishi) and other
manufacturers for similar lines of commercial multi-split air-
conditioning systems:
Testing laboratories cannot test products with so many
indoor units; and
There are too many possible combinations of indoor and
outdoor units to test.
Mitsubishi (69 FR 52660, August 27, 2004); 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 66311, 66315, December
15, 2009) and LG (74 FR 66330, December 15, 2009).
The SMMSi 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 these products. The SMMSi system consists of
[[Page 19761]]
multiple indoor units connected to an air-cooled outdoor unit. The
indoor units for these products are available in a number of potential
configurations, including the following: 4-way cassette, compact 4-way
cassette, high-wall, slim ducted, medium static ducted, high static
ducted, and ceiling. There are 7 unique outdoor models and 43 unique
indoor models. A single outdoor model can be connected to up to 38
indoor units. According to Carrier, the various indoor and outdoor
models can be connected in a multitude of configurations, with many
thousands of possible combinations. Consequently, Carrier requested
that DOE grant a waiver from the applicable test procedures for its
SMMSi product designs until a suitable test method can be prescribed.
III. Application for Interim Waiver
On February 16, 2011, Carrier also submitted an application for an
interim waiver from the test procedures at 10 CFR 431.96 for its SMMSi
equipment. DOE determined that Carrier'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 Carrier 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,
Carrier's products would not be tested and rated for energy consumption
in the same manner as equivalent products for which DOE previously
granted waivers. Furthermore, DOE has determined that it appears likely
that Carrier's petition for waiver will be granted and that is
desirable for public policy reasons to grant Carrier immediate relief
pending a determination on the petition for waiver. DOE believes that
it is likely Carrier's petition for waiver for the new SMMSi multi-
split 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 Carrier's SMMSi products: (1) Test laboratories cannot
test products with so many indoor units; and (2) it is impractical to
test so many combinations of indoor units with each outdoor unit. In
addition, DOE believes that similar products should be tested and rated
for energy consumption on a comparable basis. For these same reasons,
DOE also determined that it is desirable for public policy reasons to
grant immediate relief pending a determination on the petition for
waiver.
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\2\ DOE notes that it has also previously granted interim
waivers to Fujitsu (70 FR 5980 (Feb. 4, 2005)), Samsung (70 FR 9629
(Feb. 28, 2005)), Mitsubishi (72 FR 17533 (April 9, 2007)), and
Daikin (72 FR 35986 (July 2, 2007)), for comparable commercial
multi-split air conditioners and heat pumps.
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Therefore, it is ordered that:
The application for interim waiver filed by Carrier is hereby
granted for Carrier's SMMSi multi-split heat pumps, subject to the
specifications and conditions below.
1. Carrier shall not be required to test or rate its SMMSi
commercial multi-split products on the basis of the existing test
procedures under 10 CFR 431.96, which incorporates by reference ARI
340/360-2004.
2. Carrier shall be required to test and rate its SMMSi commercial
multi-split products according to the alternate test procedure as set
forth in section IV(3), ``Alternate test procedure.''
The interim waiver applies to the following basic model groups:
Standard model outdoor units:
MMY-MAP0724HT9UL, with a capacity of 72,000 Btu/hr
MMY-MAP0964HT9UL, with a capacity of 96,000 Btu/hr
MMY-MAP1144HT9UL, with a capacity of 114,000 Btu/hr
MMY-AP1444HT9UL, with a capacity of 144,000 Btu/hr
MMY-AP1684HT9UL, with a capacity of 168,000 Btu/hr
MMY-AP1924HT9UL, with a capacity of 192,000 Btu/hr
MMY-AP2284HT9UL, with a capacity of 220,000 Btu/hr
Indoor units, whose capacities range from 7,000 to 48,000 Btu/hr
that are compatible with the outdoor units listed above:
4-way cassette
MMU-AP0182H2UL, MMU-AP0212H2UL, MMU-AP0242H2UL, MMU-AP0302H2UL,
MMU-AP0362H2UL, and MMU-AP0422H2UL
Compact 4-way cassette
MMU-AP0071MH2UL, MMU-AP0091MH2UL, MMU-AP0121MH2UL, MMU-
AP0151MH2UL, and MMU-AP0181MH2UL
Ceiling
MMC-AP0181H2UL, MMC-AP0241H2UL, MMC-AP0361H2UL, and MMC-
AP0421H2UL
High-wall
MMK-AP0073H2UL, MMK-AP0093H2UL, MMK-AP0123H2UL, MMK-AP0153H2UL,
MMK-AP0183H2UL, and MMK-AP0243H2UL
Slim ducted
MMD-AP0071SPH2UL, MMD-AP0091SPH2UL, MMD-AP0121SPH2UL, MMD-
AP0151SPH2UL, and MMD-AP0181SPH2UL
Medium static ducted
MMD-AP0071BH2UL, MMD-AP0091BH2UL, MMD-AP0121BH2UL, MMD-
AP0151BH2UL, MMD-AP0181BH2UL, MMD-AP0211BH2UL, MMD-AP0241BH2UL, MMD-
AP0301BH2UL, MMD-AP0361BH2UL, MMD-AP0421BH2UL, and MMD-AP0481BH2UL
High static ducted
MMD-AP0151H2UL, MMD-AP0181H2UL, MMD-AP0241H2UL, MMD-AP0301H2UL,
MMD-AP0361H2UL, and MMD-AP0481H2UL
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.
DOE makes decisions on waivers and interim waivers for only those
models specifically set out in the petition, not future models that may
be manufactured by the petitioner. Carrier may submit a new or amended
petition for waiver and request for grant of interim waiver, as
appropriate, for additional models of commercial package air
conditioners and heat pumps for which it seeks a waiver from the DOE
test procedure. In addition, DOE notes that grant of an interim waiver
or waiver does not release a petitioner from the certification
requirements set forth at 10 CFR Part 431, Subpart T.
IV. Alternate Test Procedure
In responses to two petitions for waiver from Mitsubishi, DOE
specified an alternate test procedure to provide a basis from which
Mitsubishi could test and make valid energy efficiency representations
for its R410A CITY MULTI products, as well as for its R22 multi-split
products. Alternate test procedures related to the Mitsubishi petitions
were published in the Federal Register on April 9, 2007. See 72 FR
17528 and 72 FR 17533. For reasons similar to those published in these
prior notices, DOE believes that an alternate test procedure is
appropriate in this instance.
DOE understands that existing testing facilities have 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
[[Page 19762]]
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
AHRI--``ANSI/AHRI 1230--2010: Performance Rating of Variable
Refrigerant Flow (VRF) Multi-Split Air-Conditioning and Heat Pump
Equipment'' and incorporated into ASHRAE 90.1--2010. The commercial
multisplit waivers that DOE has granted to Mitsubishi and several other
manufacturers and the alternate test procedure set forth in those
waivers are consistent with ANSI/AHRI 1230-2010. The waivers use a
definition of ``tested combination'' that is substantially the same as
the definition in ANSI/AHRI 1230-2010. As a result, DOE is considering
prescribing ANSI/AHRI 1230-2010 in the subsequent decision and order as
the alternate test procedure for this Carrier waiver. For the interim
waiver, however, 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
Carrier, DOE is including an alternate test procedure similar to those
granted to Mitsubishi for its R22 and R410A products. This alternate
test procedure will allow Carrier to test and make energy efficiency
representations for its SMMSi products. DOE has applied a similar
alternate test procedure to other waivers for similar residential and
commercial central air conditioners and heat pumps manufactured by
Mitsubishi (72 FR 17528, April 9, 2007); Samsung (72 FR 71387, Dec. 17,
2007); Fujitsu (72 FR 71383, Dec. 17, 2007); Daikin (73 FR 39680, July
10, 2008); Daikin (74 FR 15955, April 8, 2009); Daikin (74 FR 16193,
April 9, 2009); Daikin (74 FR 16373, April 10, 2009); Mitsubishi (74 FR
66311, 66315, December 15, 2009) and LG (74 FR 66330, December 15,
2009).
The alternate test procedure developed in conjunction with the
Mitsubishi waiver permits Carrier 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 from two to 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 2 and 5 indoor units. The maximum number of indoor
units in a tested combination is increased in this instance from 5 to 8
to account for the fact that these larger-capacity products 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 air-conditioning and heat pump products.
DOE is including the following waiver language in the interim
waiver for Carrier's SMMSi commercial multi-split water-source heat
pump models:
(1) The petition for waiver filed by Carrier Corporation is hereby
granted as set forth in the paragraphs below.
(2) Carrier shall not be required to use existing test procedures
to test or rate its SMMSi variable capacity multi-split heat pump
products listed above, but shall be required to test and rate such
products according to the alternate test procedure as set forth in
paragraph (3).
(3) Alternate test procedure.
(A) Carrier shall be required to test the products listed in above
according to the test procedures for central air conditioners and heat
pumps prescribed by DOE at 10 CFR 431.96, except that Carrier 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, Carrier shall
make representations concerning the SMMSi products covered in this
waiver according to the provisions of subparagraph (C) below.
(B) Tested combination. The term tested combination means a sample
basic model comprised of units that are production units, or are
representative of production units, of the basic model being tested.
For the purposes of this waiver, the tested combination shall have the
following features:
(1) The basic model of a variable refrigerant flow system used as a
tested combination shall consist of one outdoor unit, with one or more
compressors, that is matched with between 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, to enable testing of 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 Sec.
2.4.1 of 10 CFR part 430, subpart B, appendix M.
(C) Representations. In making representations about the energy
efficiency of its SMMSi variable capacity multi-split heat pump
products for compliance, marketing, or other purposes, Carrier must
fairly disclose the results of testing under the DOE test procedurein a
manner consistent with the provisions outlined below:
(1) For SMMSi combinations tested in accordance with this alternate
test procedure, Carrier may make representations based on these test
results.
(2) For SMMSi combinations that are not tested, Carrier 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 Carrier
petition for waiver from the test procedures applicable to Carrier's
SMMSi commercial multi-split heat pump products. For the reasons
articulated above, DOE also grants Carrier an interim waiver from those
procedures. As part of this notice, DOE is publishing Carrier's
petition for waiver in its entirety. The petition contains no
confidential information. Furthermore, today's notice includes an
alternate test procedure that Carrier is required to follow as a
condition of its interim waiver. In this alternate test procedure, DOE
is defining a tested combination that Carrier could use in lieu of
testing all retail combinations of its SMMSi multi-split heat pump
products.
DOE is interested in receiving comments on the issues addressed in
this notice. Pursuant to 10 CFR
[[Page 19763]]
431.401(d), any person submitting written comments must also send a
copy of such comments to the petitioner, pursuant to 10 CFR 431.401(d).
The contact information for the petitioner is: Dr. John Galbraith, VP
of RCS Engineering, Carrier Corporation, 7310 West Morris Street,
Indianapolis, IN 46231. 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.
February 16, 2011.
Ms. Catherine Zoi, Assistant Secretary for Energy Efficiency and
Renewable Energy, U.S. Department of Energy, 1000 Independence Avenue,
SW., Washington, DC 20585-0121.
Re: Petition for Waiver and Application for Interim Waiver From
Department of Energy Commercial Package Air Conditioner and Heat Pump
Test Procedures
Dear Assistant Secretary Zoi:
Pursuant to 10 CFR 431.401(a), Carrier Corporation (``Carrier'')
respectfully petitions the Department of Energy (``DOE'') for a waiver
of the test procedure set forth at 10 CFR 431.96, i.e., ARI Standard
340/360-2004,
\1\ applicable to its Super Modular Multi-system (``SMMSi'')
commercial Variable Refrigerant Flow (``VRF'') multi-split systems.
Carrier requests this waiver for the SMMSi systems because the basic
design of VRF multi-split systems prevents testing or rating according
to DOE's prescribed test procedures. Carrier also hereby requests an
interim waiver for the same products pursuant to 10 CFR 431.401(a)(2).
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\1\ As of the date of this petition and application, the current
version of 10 CFR 431.96 (2010) incorporates by reference ARI
Standard 340/360-2004. In the event that DOE incorporates by
reference a more recent iteration of ARI Standard 340/360 in 2011
version of 10 CFR 431.96, Carrier hereby requests a waiver from
those test procedures as well.
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Background
Carrier is a wholly-owned subsidiary of United Technologies
Corporation. Carrier provides heating, ventilation, air-conditioning
and refrigeration (HVACR) systems, controls, services, and sustainable
building solutions for residential, commercial, industrial, food
service, and transportation applications. Carrier would like to
initiate the marketing and sale of the SMMSi systems as early as March
2011. Carrier will import the systems from two of its joint ventures:
Toshiba Carrier Corporation (Japan) and Toshiba Carrier Thailand Co.
Ltd.
Carrier's SMMSi VRF multi-split products contain design
characteristics that prevent testing of the system using the procedures
incorporated by reference at 10 CFR 431.96, ARI Standard 340/360-2004.
This standard does not provide a feasible method of testing and rating
a system that: (i) Utilizes multiple indoor and outdoor units; and (ii)
allows for the mixing of different types and capacities of indoor units
within the same system. Carrier's products that are the subject of this
petition and application involve 7 unique outdoor models \2\ and 43
unique indoor models. A single outdoor model can be connected to up to
38 indoor units. Moreover, the various indoor and outdoor models can be
connected in a multitude of configurations. Simply put, there are many
thousands of possible combinations.
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\2\ The 7 outdoor models include 6-ton, 8-ton, and 9.5-ton
units, as well as combinations of these units that result in 12-ton,
14-ton, 16-ton, and 19-ton units. The model numbers and capacities
for these 7 units are provided in Section II.
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A waiver and interim waiver for Carrier's SMMSi systems are
warranted for reasons cited previously in other applications for waiver
for similar commercial multi-split air conditioning systems. The two
key reasons are, first, that testing laboratories are unable to test
products with so many indoor units (up to 38) connected to an outdoor
system. Second, there are too many possible combinations of indoor and
outdoor units to be feasibly tested. In addition, DOE has granted
waivers to numerous other comparable commercial, multi-split VRF
systems, including Mitsubishi Electric & Electronics USA, 72 FR 17528
(Apr. 9, 2007); Samsung, 72 FR 71387 (Dec. 17, 2007); Fujitsu, 72 FR
71383 (Dec. 17, 2007); SANYO North America Corp., 75 FR 41845 (July 19,
2010); LG Electronics U.S.A., Inc., 74 FR 66330 (Dec. 15, 2009); and
Daikin AC (Americas), 74 FR 16373 (Apr. 10, 2009).
Basic Models for Which a Waiver Is Requested
Carrier seeks a waiver from the test procedures in 10 CFR 431.96
for the following basic models:
Standard model outdoor units:
MMY-MAP0724HT9UL, with a capacity of 72,000 Btu/hr
MMY-MAP0964HT9UL, with a capacity of 96,000 Btu/hr
MMY-MAP1144HT9UL, with a capacity of 114,000 Btu/hr
MMY-AP1444HT9UL, with a capacity of 144,000 Btu/hr
MMY-AP1684HT9UL, with a capacity of 168,000 Btu/hr
MMY-AP1924HT9UL, with a capacity of 192,000 Btu/hr
MMY-AP2284HT9UL, with a capacity of 220,000 Btu/hr
All outdoor units identified above are compatible for use with the
below listed indoor units, whose capacities range from 7,000 to 48,000
Btu/hr:
4-way cassette
MMU-AP0182H2UL, MMU-AP0212H2UL, MMU-AP0242H2UL, MMU-AP0302H2UL,
MMU-AP0362H2UL, and MMU-AP0422H2UL
Compact 4-way cassette
MMU-AP0071MH2UL, MMU-AP0091MH2UL, MMU-AP0121MH2UL, MMU-
AP0151MH2UL, and MMU-AP0181MH2UL
Ceiling
MMC-AP0181H2UL, MMC-AP0241H2UL, MMC-AP0361H2UL, and MMC-
AP0421H2UL
High-wall
MMK-AP0073H2UL, MMK-AP0093H2UL, MMK-AP0123H2UL, MMK-AP0153H2UL,
MMK-AP0183H2UL, and MMK-AP0243H2UL
Slim ducted
MMD-AP0071SPH2UL, MMD-AP0091SPH2UL, MMD-AP0121SPH2UL, MMD-
AP0151SPH2UL, and MMD-AP0181SPH2UL
Medium static ducted
MMD-AP0071BH2UL, MMD-AP0091BH2UL, MMD-AP0121BH2UL, MMD-
AP0151BH2UL, MMD-AP0181BH2UL, MMD-AP0211BH2UL, MMD-AP0241BH2UL, MMD-
AP0301BH2UL, MMD-AP0361BH2UL, MMD-AP0421BH2UL, and MMD-AP0481BH2UL
High static ducted
[[Page 19764]]
MMD-AP0151H2UL, MMD-AP0181H2UL, MMD-AP0241H2UL, MMD-AP0301H2UL,
MMD-AP0361H2UL, and MMD-AP0481H2UL
SMMSi System Characteristics Constituting the Grounds for Carrier's
Petition
Carrier's SMMSi VRF multi-split products allow for the connection
of multiple indoor units to an outdoor system comprised of one or two
outdoor units. These units contain highly efficient twin-rotary
compressors and advanced vector-controlled inverters to allow for
greater operating performance when operating under a constant load.
This improves both energy efficiency and comfort levels. In addition,
the products' infinite variable control adjusts compressor rotation
speed in 0.1 Hz steps, which further helps to minimize energy loss when
changing frequencies and also creates a comfortable environment subject
to minimal temperature variations.
Carrier's newly developed VRF control ensures the right amount of
cooling or heating to satisfy the unique demands of each room,
regardless of the type of indoor unit used or the length of the pipes.
Moreover, system layouts can use a maximum equivalent distance of up to
985 feet, and Carrier's products can support height differences of up
to 130 feet between indoor units within a single system.
VRF multi-split technology will help the United States reduce the
amount of energy required to heat and cool buildings. Carrier looks
forward to introducing its SMMSi products to improve the control and
comfort of end users and to help decrease the nation's overall energy
usage.
As indicated above, DOE has previously granted waivers and interim
waivers to other manufacturers of similar VRF multi-split equipment
that share the same basic system characteristics as that of Carrier's
SMMSi products. See, e.g., 75 FR 41845 (July 19, 2010) (order granting
Sanyo's petition for waiver); 74 FR 66330 (Dec. 15, 2009) (order
granting LG's petition for waiver); 74 FR 16373 (Apr. 10, 2009) (order
granting Daikin's petition for waiver); 72 FR 71387 (Dec. 17, 2007)
(order granting Samsung's petition for waiver); 72 FR 71383 (Dec. 17,
2007) (order granting Fujitsu's petition for waiver); 72 FR 17528 (Apr.
9, 2007) (order granting Mitsubishi's petition for waiver); see also 75
FR 13114) (Mar. 18, 2010) (granting Sanyo's application for interim
waiver); 74 FR 66324 (Dec. 15, 2009) (granting Daikin's application for
interim waiver); 74 FR 20688 (May 5, 2009) (granting LG's application
for interim waiver); 71 FR 14858 (Mar. 24, 2006) (granting Mitsubishi's
application for interim waiver).
Specific Testing Requirements Sought To Be Waived
Carrier's petition seeks a waiver from the applicable test
procedures set forth at 10 CFR 431.96. Specifically, Carrier petitions
for waiver from the test conditions and procedures of ARI Standard 340/
360-2004 for its SMMSi products with nominal capacity greater than or
equal to 65,000 BTU/hr, but less than 760,000 BTU/hr.
Identity of Manufacturers of Similar Basic Models
To the best of Carrier's knowledge, the following manufacturers
currently market similar VRF products within the United States:
Daikin AC (Americas), Inc.
Fujitsu General America, Inc.
LG Electronics U.S.A., Inc.
Mitsubishi Electric & Electronics USA, Inc.
SANYO North America Corp.
Alternate Testing Procedures
Carrier requests that DOE approve as an alternate test procedure
the procedures outlined in the current AHRI Standard 1230, Performance
Rating of Variable Refrigerant Flow (VRF) Multi-Split Air-Conditioning
and Heat Pump Equipment Standard. These procedures are substantially
similar to those that DOE has applied in the VRF waivers granted to
date, with changes intended to make the efficiency ratings based on the
standard more comparable to other types of equipment that could be used
in place of VRF systems. This requested alternate testing procedure is
appropriate for several reasons. First, AHRI plans to launch a VRF
certification program based on AHRI Standard 1230. Second, ASHRAE has
specified AHRI Standard 1230 as the test standard for VRF systems in
ASHRAE Standard 90.1-2010, which establishes efficiency requirements
for VRF systems. Notably, in a previous waiver proceeding (75 FR
25,224, 25,226 (May 7, 2010)) Carrier commented that DOE should require
similar products to be tested per AHRI 1230. DOE responded that AHRI
1230 had not yet been adopted by ASHRAE. This is no longer the case.
Adopting Standard 1230 as an alternate test procedure would
eliminate the need for Carrier to test the SMMSi system using two
different testing protocols. If DOE applies something other than
Standard 1230, Carrier would have to test its systems using: (i) AHRI
Standard 1230 to receive AHRI certification and to show compliance with
the efficiency levels in ASHRAE 90.1; and (ii) whatever alternate test
procedure that DOE requires as a condition of granting this waiver
request. Third, given the requirements for varying interconnecting tube
lengths with system capacity, the latest edition of Standard 1230
provides a more accurate comparison of the energy efficiency ratings of
VRF products and non-VRF alternative systems than do the alternate
procedures that DOE has previously applied in other waiver approvals.
Application for Interim Waiver
Pursuant to 10 CFR 431.401(a)(2), Carrier also submits an
Application for Interim Wavier of 10 CFR 431.96 and ARI Standard 340/
360-2004 for the SMMSi VRF multi-split models listed in Section II
above. Carrier's application should be granted for the following
reasons.
First, Carrier is likely to succeed on its Petition for Wavier
because there is no reasonable argument that ARI Standard 340/360-2004
can be applied to its SMMSi product class. Existing testing facilities
are not designed to test multi-split VRF systems with so many indoor
and outdoor units and possible combinations. Indeed, as explained
above, DOE has granted similar petitions for waiver and applications
for interim waiver from several companies based on the same rationale
offered by Carrier in this Petition and Application. Those prior
approvals confirm that the test procedures incorporated by reference
into 10 CFR 431.96 do not adequately define uniform testing and rating
methods for VRF multi-split products.
Second, Carrier is likely to suffer economic hardship and a
competitive disadvantage if DOE does not grant its application for
interim waiver. Other manufacturers of similar products have already
received waivers and are able to market and distribute their VRF multi-
split products. Without an interim waiver, Carrier will be unable to
introduce its SMMSi product line in the United States in March 2011 as
currently planned. A significant portion of Carrier's projected
revenues depends on the timely introduction of this product line into
the United States market. In the event that Carrier must await
completion of DOE's waiver process, its revenues and market share will
be negatively affected.
Finally, Carrier's application for interim waiver is supported by
sound public policy reasons, as DOE recently recognized in granting a
similar application: ``[I]n those instances where
[[Page 19765]]
the likely success of the Petition for Waiver has been demonstrated,
based upon DOE having granted a waiver for similar products design, it
is in the public interest to have similar products tested and rated for
energy consumption on a comparable basis.'' 73 FR at 1215. Moreover,
Carrier's SMMSi products will increase system efficiency, reduce
national energy usage, and benefit end users in the United States.
Confidential Information
Carrier makes no request to DOE regarding the confidential
treatment of any information contained in this Petition for Waiver and
Application for Interim Waiver.
Conclusion
Carrier respectfully requests that DOE grant a waiver and interim
waiver from existing test procedures applicable to Carrier's SMMSi VRF
multi-split systems and to apply the alternate testing procedures
described above until such time as a representative test procedure is
developed and adopted for such products. Otherwise, Carrier will not be
able to compete effectively in the United States VRF market.
Given that Carrier would like to introduce its SMMSi product line
in March 2011 and that DOE's regulations contemplate a decision on
Carrier's Application for Interim Waiver within 15 business days, 10
CFR 431.401(e), Carrier would greatly appreciate a timely response to
this letter request. To that end, we would be happy promptly to answer
any questions that you might have and to provide you with any needed
additional information.
Carrier certifies that all manufacturers listed above in Section V
of this request have been notified by letter of this petition and
application.
Sincerely,
Carrier Corporation,
Dr. John Galbraith,
VP for RCS Engineering.
[FR Doc. 2011-8401 Filed 4-7-11; 8:45 am]
BILLING CODE 6450-01-P
