Energy Conservation Program for Certain Industrial Equipment: Publication of the Petition for Waiver From Fujitsu General Limited and Granting of the Interim Waiver From the Department of Energy Commercial Package Air Conditioner and Heat Pump Test Procedures, 31946-31951 [2011-13659]
Download as PDF
31946
Federal Register / Vol. 76, No. 106 / Thursday, June 2, 2011 / Notices
Friday, July 1, 2011
• Report from the Underground
Science Committee.
• Further Discussion on the Neutron
Recommendations.
• Public Comment (10-minute rule).
Public Participation: The meeting is
open to the public. If you would like to
file a written statement with the
Committee, you may do so either before
or after the meeting. Individuals who
wish to make oral statements pertaining
to the agenda should contact Brenda L.
May at (301) 903–0536 or by e-mail at:
Brenda.May@science.doe.gov. Requests
must be received five days prior to the
meeting and reasonable provision will
be made to include the presentation in
the agenda. The Chairperson is
empowered to conduct the meeting in a
fashion that will facilitate the orderly
conduct of business. Time allotted for
individuals wishing to make public
comments will depend on the number
of individuals who wish to speak, but
will not exceed 10 minutes.
Minutes: The minutes of the meeting
will be available for viewing within 60
days on the Committee’s Web site:
https://science.energy.gov/np/nsac/.
Issued at Washington, DC on May 26, 2011.
LaTanya R. Butler,
Acting Deputy Committee Management
Officer.
[FR Doc. 2011–13685 Filed 6–1–11; 8:45 am]
BILLING CODE 6450–01–P
DEPARTMENT OF ENERGY
Office of Energy Efficiency and
Renewable Energy
[Case No. CAC–033]
Energy Conservation Program for
Certain Industrial Equipment:
Publication of the Petition for Waiver
From Fujitsu General Limited 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.
emcdonald on DSK2BSOYB1PROD with NOTICES
AGENCY:
This notice announces receipt
of and publishes a petition for waiver
from Fujitsu General Limited (Fujitsu).
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
SUMMARY:
VerDate Mar<15>2010
16:40 Jun 01, 2011
Jkt 223001
conditioners and heat pumps. The
petition is specific to the Fujitsu
variable capacity AIRSTAGE V–II
(commercial) multi-split heat pumps.
Through this document, DOE: (1)
Solicits comments, data, and
information with respect to the Fujitsu
petition; and (2) announces the grant of
an interim waiver to Fujitsu 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
Fujitsu petition until, but no later than
July 5, 2011.
ADDRESSES: You may submit comments,
identified by case number ‘‘CAC–033,’’
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–033] in
the subject line of the message.
• Mail: Ms. Brenda Edwards, U.S.
Department of Energy, Building
Technologies Program, Mailstop EE–2J/
1000 Independence Avenue, SW.,
Washington, DC 20585–0121.
Telephone: (202) 586–2945. Please
submit one signed original paper copy.
• Hand Delivery/Courier: Ms. Brenda
Edwards, U.S. Department of Energy,
Building Technologies Program, 950
L’Enfant Plaza, SW., Suite 600,
Washington, DC 20024. Please submit
one signed original paper copy.
Docket: For access to the docket to
review the background documents
relevant to this matter, you may visit the
U.S. Department of Energy, 950 L’Enfant
Plaza, SW. (Resource Room of the
Building Technologies Program),
Washington, DC 20024; (202) 586–2945,
between 9 a.m. and 4 p.m., Monday
through Friday, except 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
Building, 1000 Independence Avenue,
SW., Washington, DC 20585–0121.
Telephone: (202) 586–9611. E-mail:
AS_Waiver_Requests@ee.doe.gov.
PO 00000
Frm 00020
Fmt 4703
Sfmt 4703
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:
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).
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.
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
1 For editorial reasons, upon codification in the
U.S. Code, Parts B and C were re-designated as Parts
A and A–1, respectively.
E:\FR\FM\02JNN1.SGM
02JNN1
emcdonald on DSK2BSOYB1PROD with NOTICES
Federal Register / Vol. 76, No. 106 / Thursday, June 2, 2011 / Notices
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
Fujitsu’s commercial AIRSTAGE V–II
multi-split heat pump products at issue
in the waiver petition filed by Fujitsu
range from 72,000 Btu/h to 288,000 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
VerDate Mar<15>2010
16:40 Jun 01, 2011
Jkt 223001
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 April 25, 2011, Fujitsu 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 Fujitsu
AIRSTAGE V–II multi-split heat pumps
range from 72,000Btu/hto 288,000Btu/h.
The applicable test procedure is ARI
340/360–2004. Manufacturers are
directed to use this test procedure
pursuant to Table 1 of 10 CFR 431.96.
Fujitsu seeks a waiver from the
applicable test procedures under 10 CFR
431.96 on the grounds that its
AIRSTAGE V–II multi-split heat pumps
contain design characteristics that
prevent testing according to the current
DOE test procedures. Specifically,
Fujitsu asserts that the two primary
factors that prevent testing of its
AIRSTAGE V–II 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.
See, e.g., 72 FR 17528 (April 9, 2007)
(Mitsubishi); 76 FR 19069 (April 6,
2011) (Daikin); 76 FR 19078 (April 6,
2011) (Mitsubishi).
The AIRSTAGE V–II systems have
operational characteristics similar to the
commercial multi-split products
manufactured by Mitsubishi, Samsung,
Fujitsu, Sanyo and Daikin. As indicated
above, DOE has already granted waivers
for these products. The AIRSTAGE V–
II system consists of multiple indoor
units connected to one or multiple
outdoor units. They have the capability
of connecting the outdoor unit with up
to 45 indoor units selected from 10
chassis types with 43 basic models,
giving these systems more than a
million installation combinations.
Consequently, Fujitsu requested that
DOE grant a waiver from the applicable
test procedures for its AIRSTAGE V–II
product designs.
PO 00000
Frm 00021
Fmt 4703
Sfmt 4703
31947
III. Application for Interim Waiver
On April 25, 2011, Fujitsualso
submitted an application for an interim
waiver from the test procedures at 10
CFR 431.96 for its AIRSTAGE V–II
equipment. DOE determined that
Fujitsu’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 Fujitsu 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, Fujitsu’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 Fujitsu’s petition
for waiver will be granted and that is
desirable for public policy reasons to
grant Fujitsu immediate relief pending a
determination on the petition for
waiver. DOE believes that it is likely
Fujitsu’s petition for waiver for the new
AIRSTAGE V–II multi-split models will
be granted because, as noted above, DOE
has previously granted a number of
waivers for similar product designs. The
two principal reasons supporting the
grant of the previous waivers also apply
to Fujitsu’s AIRSTAGE V–II 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.
Therefore, it is ordered that:
The application for interim waiver
filed by Fujitsu is hereby granted for
Fujitsu’s AIRSTAGE V–II multi-split
heat pumps, subject to the specifications
and conditions below.
1. Fujitsu shall not be required to test
or rate its AIRSTAGE V–II 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. Fujitsu shall be required to test and
rate its AIRSTAGE V–II 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:
E:\FR\FM\02JNN1.SGM
02JNN1
31948
Federal Register / Vol. 76, No. 106 / Thursday, June 2, 2011 / Notices
Outdoor units, 208/230Vac, 3-phase,
60Hz, Air-Source Heat pump models:
Stand alone models:
AOUA72RLBV and AOUA96RLBV
with nominal cooling capacities of
72,000 and 96,000 Btu/hr respectively.
Add-on system models
emcdonald on DSK2BSOYB1PROD with NOTICES
AOUA144RLBVG
AOUA168RLBVG
AOUA192RLBVG
AOUA216RLBVG
AOUA240RLBVG
AOUA288RLBVG
......................................................................................................
......................................................................................................
......................................................................................................
......................................................................................................
......................................................................................................
......................................................................................................
With nominal cooling capacities of
144,000, 168,000, 192,000, 216,000,
240,000 and 288,000 Btu/hr
respectively.
Compatible indoor units for the above
listed outdoor units:
Compact cassette:
AUUA7RLAV, AUUA9RLAV,
AUUA12RLAV, AUUA14RLAV,
AUUA18RLAV and AUUA24RLAV with
nominal cooling capacities of 7,500,
9,500, 12,000, 14,000, 18,000 and 24,000
Btu/hr respectively.
Cassette:
AUUB30RLAV and AUUB36RLAV
with nominal cooling capacities of
30,000 and 36,000 Btu/hr respectively.
Slim cassette:
AUUB18RLAV and AUUB24RLAV
with nominal cooling capacities of
18,000 and 24,000 Btu/hr respectively.
Compact wall mounted:
ASUA7RLAV, ASUE7RLAV,
ASUA9RLAV, ASUE9RLAV,
ASUA12RLAV, ASUE12RLAV,
ASUA14RLAV and ASUE14RLAV with
nominal cooling capacities of 7,500,
7,500, 9,500, 9,500, 12,000, 12,000,
14,000 and 14,000 Btu/hr respectively.
Wall mounted:
ASUB18RLAV and ASUB24RLAV
with nominal cooling capacities of
18,000 and 24,000 Btu/hr respectively.
Floor/Ceiling (Universal):
ABUA12RLAV, ABUA14RLAV,
ABUA18RLAV and ABUA24RLAV with
nominal cooling capacities of 12,000,
14,000, 18,000, 24,000 Btu/hr
respectively.
Ceiling:
ABUA30RLAV and ABUA36RLAV
with nominal cooling capacities of
30,000 and 36,000 Btu/hr respectively.
Slim duct:
ARUL7RLAV, ARUL9RLAV,
ARUL12RLAV, ARUL14RLAV and
ARUL18RLAV with nominal cooling
capacities of 7,500, 9,500, 12,000,
14,000 and 18,000 Btu/hr respectively.
Middle static pressure duct::
ARUM24RLAV, ARUM30RLAV,
ARUM36RLAV, ARUM48RLAV and
ARUM54RLAV with nominal cooling
capacities of 24,000, 30,000, 36,000,
48,000 and 54,000 Btu/hr respectively.
VerDate Mar<15>2010
(Module models)
16:40 Jun 01, 2011
Jkt 223001
(AOUA72RLBV
(AOUA72RLBV
(AOUA96RLBV
(AOUA72RLBV
(AOUA72RLBV
(AOUA96RLBV
High static pressure duct:
ARUH36RLAV, ARUH48RLAV,
ARUH54RLAV, ARUH60RLAV,
ARUH72RLAV, ARUH90RLAV and
ARUH96RLAV with nominal cooling
capacities of 36,000, 48,000, 60,000,
72,000, 90,000 and 96,000 Btu/hr
respectively.
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. Fujitsu 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 429.
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.
PO 00000
Frm 00022
Fmt 4703
Sfmt 4703
+
+
+
+
+
+
AOUA72RLBV)
AOUA96RLBV)
AOUA96RLBV)
AOUA72RLBV + AOUA72RLBV)
AOUA72RLBV + AOUA96RLBV)
AOUA96RLBV + AOUA96RLBV)
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
atesting 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 Fujitsu 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 forgranting
this interim waiver to Fujitsu, 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
Fujitsu to test and make energy
efficiency representations for its
AIRSTAGE V–II 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 a number of other
manufacturers.
E:\FR\FM\02JNN1.SGM
02JNN1
emcdonald on DSK2BSOYB1PROD with NOTICES
Federal Register / Vol. 76, No. 106 / Thursday, June 2, 2011 / Notices
The alternate test procedure
developed in conjunction with the
Mitsubishi waiver permits Fujitsu 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 largercapacity 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
Fujitsu’s AIRSTAGE V–II commercial
multi-split water-source heat pump
models:
1. Fujitsu shall not be required to test
or rate its AIRSTAGE V–II commercial
multi-split heat pumps according to the
existing test procedures under Table 1
of 10 CFR 431.96, which incorporates by
reference the Air-Conditioning and
Refrigeration Institute (ARI) Standard
340/360–2004. Fujitsu will be required,
however, to test and rate its AIRSTAGE
V–II commercial multi-split heat pumps
covered in this waiver according to the
alternate test procedure as set forth
below:
2. Alternate test procedure.
(A) Fujitsu shall be required to test
the products listed above according to
the test procedures for central air
conditioners and heat pumps prescribed
by DOE at 10 CFR 431.96, except that
Fujitsu 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, Fujitsu
shall make representations concerning
the AIRSTAGE V–II 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
VerDate Mar<15>2010
16:40 Jun 01, 2011
Jkt 223001
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, toenable
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
section 2.4.1 of 10 CFR Part 430, subpart
B, appendix M.
3. Representations. In making
representations about the energy
efficiency of its AIRSTAGE V–II variable
capacity multi-split heat pump products
for compliance, marketing, or other
purposes, Fujitsu must fairly disclose
the results of testing under the DOE test
procedurein a manner consistent with
the provisions outlined below:
(1) For AIRSTAGE V–II combinations
tested in accordance with this alternate
test procedure, Fujitsumay make
representations based on these test
results.
(2) For AIRSTAGE V–II combinations
that are not tested, Fujitsumay make
representations of non-tested
combinations at the same energy
efficiency level as the tested
combination. The outdoor unitmust be
the one used in 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 Fujitsu petition
for waiver from the test procedures
applicable to Fujitsu’s AIRSTAGE V–II
PO 00000
Frm 00023
Fmt 4703
Sfmt 4703
31949
commercial multi-split heat pump
products. For the reasons articulated
above, DOE also grants Fujitsu an
interim waiver from those procedures.
As part of this notice, DOE publishes
Fujitsu’s petition for waiver in its
entirety. The petition contains no
confidential information. Furthermore,
today’s notice includes an alternate test
procedure that Fujitsu is required to
follow as a condition of its interim
waiver.In this alternate test procedure,
DOE is defining a tested combination
that Fujitsu could use in lieu of testing
all retail combinations of its AIRSTAGE
V–II multi-split heat pump products.
DOE is interested in receiving
comments on the issues addressed in
this notice. Pursuant to 10 CFR
431.401(d), any person submitting
written comments must also send a
copy of such comments to the
petitioner, pursuant to 10 CFR
431.401(d). The contact information for
the petitioner is: Masami Kato, Manager,
Engineering Attestation Administration
Department, Air Conditioner
Administration Division, FUJITSU
General Limited, 1116 Suenaga,
Takatsu-ku, Kawasaki 213–8502, Japan.
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 May 26,
2011.
Kathleen Hogan,
Deputy Assistant Secretary for Energy
Efficiency, Office of Technology
Development, Energy Efficiency and
Renewable Energy.
April 25, 2011
The Honorable Dr. Henry Kelly
Acting Assistant Secretary and Principal
Deputy Assistant Secretary for the Office of
Energy Efficiency and Renewable Energy
U.S. Department of Energy 1000
Independence Ave, SW., Washington,
E:\FR\FM\02JNN1.SGM
02JNN1
31950
Federal Register / Vol. 76, No. 106 / Thursday, June 2, 2011 / Notices
DC 20585–0121
Re: Petition for Waiver and Application for
Interim Waiver of Test Procedure
Dear Assistant Secretary Kelly:
Pursuant to 10 CFR 431. 401(a)(1), Fujitsu
General Limited (FUJITSU) established in
Japan, respectfully submits Petition for
Waiver from test procedure at 10 CFR 431.96,
i.e., ARI Standard 340/360–2004, applicable
to commercial package air source central air
conditioners and heat pumps for the
FUJITSU’s AIRSTAGE V–IIsystem, Variable
Refrigerant Flow (VRF) Multi-Split Systems,
because the basic model contains design
characteristics which prevent testing of the
basic model according to the prescribed test
procedures.
FUJITSU also submits an application for
interim waiver of the applicable test
procedure for the same systems pursuant to
10 CFR 431. 401(a)(2).
1. Background
On June 14, 2004, FUJITSU submitted a
Petition for Waiver from the test procedures
applicable to its AIRSTAGE product line of
residential and light commercial products
because the design characteristics of these
models prevented testing according to the
currently prescribed test procedures.
Specifically, these models can connect an
outdoor unit to many more indoor units than
the test laboratories can physically test at one
time, and it is not practical to test all of the
potentially available combinations.
After consideration of all the materials
submitted by FUJITSU, DOE classified its
AIRSTAGE products as ‘‘consumer products’’
because:
• AIRSTAGE product line at issue
involved single-phase equipment for both
residential and light commercial use and
there was no DOE test procedure for singlephase, small commercial package airconditioning and heating equipment, no
waiver was required for FUJITSU’s singlephase commercial AIRSTAGE products.
• Nonetheless, a significant extent, they
were for personal use or consumption by
individuals (given their frequent residential
applications). (42 U.S.C. 6291(1)(B)) Thus,
the FUJITSU’s AIRSTAGE product line
required a waiver from DOE’s test procedure
for residential central air conditioners and
heat pumps, under 10 CFR part 430, subpart
B, Appendix M.
On December 17, 2007, DOE granted the
requested waiver because there was the
problem of being physically unable to test
most of the complete systems in a laboratory.
The waiver included an alternate test
procedure pursuant to which FUJITSU must
test and rate the products covered by the
waiver. 72 FR 14858 (December17, 2007).
Today, FUJITSUsubmits a Petition for
Waiver from the test procedures applicable to
its AIRSTAGE product line of commercial (3phase) VRF multi-split ‘‘AIRSTAGE V–II’’.
2. The Design Characteristics
FUJITSU’s AIRSTAGE V–II system has the
following design characteristics and
applications:
• Consists of multi-split, multi-zone units
utilizing one ormultiple outdoor units (Addon system) that have the capability of
connecting the outdoor unit with up to 45
indoor units selected from 10 chassis types
with 43 basic models (listed in item 3.
Identification of the particular basic models
for which a waiver is requested), giving these
systems more than million installation
combinations.
• The compressor is capable of reducing
its operating capacity to as little as 10% of
its rated capacity. Zone diversity enables
AIRSTAGE V–II to have a total connected
indoor unit capacity of up to 150% of the
capacity of the outdoor unit.
• The operating characteristics allow each
indoor unit can be independently controlled
and to have a different set temperature and
a different mode of operation (i.e. on/off/fan).
• Equip with variable speed indoor and
outdoor high efficiency fan motors to
precisely control operating pressures and
airflow rates.
• Piping connections are made by outdoor
unit branch kit, separation tube and/or
header. Actual piping length150m maximum
allows for application in a wide variety
buildings. Height difference between outdoor
and indoor units 50m maximum and indoor
and indoor units 15m maximum.
• Uses electronically controlled expansion
valves to precisely control refrigerant flow,
superheat, sub-cooling, pump down
functions and even oil flow throughout the
system.
3. Identification of the Particular Basic
Models for Which a Waiver Is Requested:
We seek a waiver from the test procedures
for the following AIRSTAGE V–II basic
models;
Outdoor units, 208/230Vac, 3-phase, 60Hz,
Air-Source Heat pump models:
Standalone models AOUA72RLBV and
AOUA96RLBV with nominal cooling
capacities of 72,000 and 96,000 Btu/hr
respectively.
Add-on system models
emcdonald on DSK2BSOYB1PROD with NOTICES
AOUA144RLBVG
AOUA168RLBVG
AOUA192RLBVG
AOUA216RLBVG
AOUA240RLBVG
AOUA288RLBVG
......................................................................................................
......................................................................................................
......................................................................................................
......................................................................................................
......................................................................................................
......................................................................................................
with nominal cooling capacities of 144,000,
168,000, 192,000, 216,000, 240,000 and
288,000 Btu/hr respectively.
Compatible indoor units for the above
listed outdoor units:
Compact cassette:
AUUA7RLAV, AUUA9RLAV,
AUUA12RLAV, AUUA14RLAV,
AUUA18RLAV and AUUA24RLAV with
nominal cooling capacities of 7,500, 9,500,
12,000, 14,000, 18,000 and 24,000 Btu/hr
respectively.
Cassette:
AUUB30RLAV and AUUB36RLAV with
nominal cooling capacities of 30,000 and
36,000 Btu/hr respectively.
Slim cassette:
AUUB18RLAV and AUUB24RLAV with
nominal cooling capacities of 18,000 and
24,000 Btu/hr respectively.
Compact wall mounted:
ASUA7RLAV, ASUE7RLAV,
ASUA9RLAV, ASUE9RLAV, ASUA12RLAV,
ASUE12RLAV, ASUA14RLAV and
VerDate Mar<15>2010
(Module models)
16:40 Jun 01, 2011
Jkt 223001
(AOUA72RLBV
(AOUA72RLBV
(AOUA96RLBV
(AOUA72RLBV
(AOUA72RLBV
(AOUA96RLBV
ASUE14RLAV with nominal cooling
capacities of 7,500, 7,500, 9,500, 9,500,
12,000, 12,000, 14,000 and 14,000 Btu/hr
respectively.
Wall mounted:
ASUB18RLAV and ASUB24RLAV with
nominal cooling capacities of 18,000 and
24,000 Btu/hr respectively.
Floor/Ceiling (Universal):
ABUA12RLAV, ABUA14RLAV,
ABUA18RLAV and ABUA24RLAV with
nominal cooling capacities of 12,000, 14,000,
18,000, 24,000 Btu/hr respectively.
Ceiling:
ABUA30RLAV and ABUA36RLAV with
nominal cooling capacities of 30,000 and
36,000 Btu/hr respectively.
Slim duct:
ARUL7RLAV, ARUL9RLAV,
ARUL12RLAV, ARUL14RLAV and
ARUL18RLAV with nominal cooling
capacities of 7,500, 9,500, 12,000, 14,000 and
18,000 Btu/hr respectively.
Middle staticpressure duct:
PO 00000
Frm 00024
Fmt 4703
Sfmt 4703
+
+
+
+
+
+
AOUA72RLBV)
AOUA96RLBV)
AOUA96RLBV)
AOUA72RLBV + AOUA72RLBV)
AOUA72RLBV + AOUA96RLBV)
AOUA96RLBV + AOUA96RLBV)
ARUM24RLAV, ARUM30RLAV,
ARUM36RLAV, ARUM48RLAV and
ARUM54RLAV with nominal cooling
capacities of 24,000, 30,000, 36,000, 48,000
and 54,000 Btu/hr respectively.
High staticpressure duct:
ARUH36RLAV, ARUH48RLAV,
ARUH54RLAV, ARUH60RLAV,
ARUH72RLAV, ARUH90RLAV and
ARUH96RLAV with nominal cooling
capacities of 36,000, 48,000, 60,000, 72,000,
90,000 and 96,000 Btu/hr respectively.
4. Design Characteristics Constituting the
Grounds for the Petition
FUJITSU seek a waiver from the applicable
test procedures under 10 CFR 431.96 on the
grounds that its AIRSTAGE V–II multi-split
contain design characteristics that prevent
testing according to the current DOE test
procedures. Specifically, FUJITSU assert that
the two primary factors that prevent testing
of its AIRSTAGE V–II products are the same
factors stated in the waivers that DOE granted
E:\FR\FM\02JNN1.SGM
02JNN1
Federal Register / Vol. 76, No. 106 / Thursday, June 2, 2011 / Notices
to Mitsubishi Electric & Electronics USA, Inc.
(Mitsubishi) and other manufacturers for
similar lines of commercial multi-split
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); LG (74 FR66330,
December 15, 2009); Daikin (75 FR 22581,
April 29, 2010); Daikin (75 FR 25224, May 7,
2010) and Sanyo (75 FR 41845, July 19, 2010)
5. The Specific Requirements Sought To Be
Waived
FUJITSU seeks a waiver from the test
procedures at 10 CFR 431.96 applicable to
commercial package air source central air
conditioners and heat pumps.
Specially, the applicable test procedure of
ARI 340/360–2004 for AIRSTAGE V–II
products listed in Item 3. Identification of the
particular basic models for which a waiver is
requested.
emcdonald on DSK2BSOYB1PROD with NOTICES
6. Identity of the Manufacturers of All Other
Basic Models:
The FUJITSU’s AIRSTAGE V–II systems
incorporate similar design characteristics and
configuration as those as VRF Multi-Split
Systems being marketed in the United States
by Mitsubishi Electric and Electronics USA
Inc., Samsung Air Conditioning, Daikin AC
(America), Inc., SANYO North America
Corp., LG Electronics U.S.A., Inc. and Carrier
Corp.
7. Alternate Test Procedures
FUJITSU requests that DOE adopt ANSI/
AHRI Standard 1230–2010, Performance
Rating of Variable Refrigerant Flow (VRF)
Multi-Split Air-Conditioning and Heat Pump
Equipment Standard as an alternate test
procedure.
AHRI 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 ANSI/ASHRAE/IES Standard 90.1–2010.
In addition, ENERGY STAR has adopted
AHRI 1230–2010 as test methods for Light
Commercial Heating and Cooling Equipment.
The commercial multi-split 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.
Thus, DOE is considering prescribing ANSI/
AHRI 1230—2010 in the subsequent decision
VerDate Mar<15>2010
16:40 Jun 01, 2011
Jkt 223001
and order as the alternate test procedure for
these waivers.
Mitsubishi (76 FR 19078, April 6, 2011),
Daikin(76 FR 19069, April 6, 2011) and
Carrie (76 FR 19759, April 8, 2011).
DEPARTMENT OF ENERGY
8. Application for Interim Waiver
Pursuant to 10 CFR 431. 401(a)(2),
FUJITSU also submits an Application for
Interim Waiver of the applicable test
procedure requirements for the same systems
listed in item 3. Identification of the
particular basic models for which a waiver is
requested. The basis for Application for
Interim Waiver is as follows:
FUJITSU believes that it is likely FUJITSU
petition for waiver for the AIRSTAGE V–II
multi-split heat pump models will be granted
because, as noted item 4. Design
characteristics constituting the grounds for
the petition, DOE has previously granted a
number of waivers for similar product
designs based on two principal reasons
below;
(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.
FUJITSU would make it clear that delay in
receiving a waiver are providing our
competitor Mitsubishi Electric and
Electronics USA Inc., Samsung Air
Conditioning, Daikin AC (America), Inc.,
SANYO North America Corp., LG Electronics
U.S.A., Inc. and Carrier Corp. with an unfair
advantage over our entrance into the market
place by not offering a uniform waiver and
they show preferential treatment and make
us competitive disadvantage in marketing.
As FUJITSU’sAIRSTAGE V–II products are
quite similar to these Mitsubishi CITY
MULTI products and other manufacturers
products, there is no particular reason for
DOE to hesitate a waiver to our case.
31951
[Case No. CAC–031]
9. Confidential Information
FUJITSU makes no request to DOE
regarding the confidential treatment of any
information contained in this Petition for
Waiver and Application for interim Waiver.
10. Conclusion
FUJITSU respectfully requests DOE to
grant its Petition for Waiver and Application
for Interim Waiver of the applicable test
procedure to FUJITSU’s AIRSTAGE V–II
multi-split heat pumps.
If we can provide further information, or if
it would be helpful to discuss any of this
matter further, please contact Mr. Roy
Kuczera, Senior Vice President, FUJITSU
General America, Inc. 353 Route 46 W.,
Fairfield, N.J. 07004 U.S.A. Phone (973) 575–
0380 or undersigned.
Yours very truly,
Masami Kato,
Manager, Engineering Attestation
Administration Department Air Conditioner
Administration Division.
FUJITSU General Limited,
1116 Suenaga, Takatsu-ku, Kawasaki 213–
8502, Japan, Phone +81(44)861–7638.
[FR Doc. 2011–13659 Filed 6–1–11; 8:45 am]
BILLING CODE 6450–01–P
PO 00000
Frm 00025
Fmt 4703
Sfmt 4703
Office of Energy Efficiency and
Renewable Energy
Energy Conservation Program for
Certain Commercial and Industrial
Equipment: Decision and Order
Granting a Waiver to Carrier
Corporation 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: Decision and Order.
AGENCY:
This notice publishes the U.S.
Department of Energy’s (DOE) Decision
and Order in Case No. CAC–031, which
grants Carrier Corporation (Carrier) a
waiver from the existing DOE test
procedures applicable to commercial
package air-source central air
conditioners and heat pumps. The
waiver is specific to the Carrier Super
Modular Multi-System (SMMSi)
variable refrigerant flow (VRF) multisplit commercial heat pumps. As a
condition of this waiver, Carrier must
use the alternate test procedure set forth
in this notice to test and rate its SMMSi
VRF multi-split commercial heat
pumps.
DATES: This Decision and Order is
effective June 2, 2011.
FOR FURTHER INFORMATION CONTACT: Dr.
Michael G. Raymond, U.S. Department
of Energy, Building Technologies
Program, Mailstop EE–2J, 1000
Independence Avenue, SW.,
Washington, DC 20585–0121.
Telephone: (202) 586–9611. E-mail:
Michael.Raymond@ee.doe.gov.
Ms. Elizabeth Kohl, U.S. Department
of Energy, Office of General Counsel,
Mail Stop GC–71, 1000 Independence
Avenue, SW., Washington, DC 20585–
0103, (202) 586–7796; E-mail:
Elizabeth.Kohl@hq.doe.gov.
SUPPLEMENTARY INFORMATION: In
accordance with Title 10 of the Code of
Federal Regulations (10 CFR)
431.401(f)(4), DOE provides notice of
the issuance of the Decision and Order
set forth below. In this Decision and
Order, DOE grants Carrier a waiver from
the existing DOE commercial package
air conditioner and heat pump test
procedures for its SMMSi VRF multisplit products. Carrier must use the
alternate test procedure provided in this
notice (American National Standards
Institute/Air-Conditioning, Heating and
Refrigeration Institute (ANSI/AHRI)
SUMMARY:
E:\FR\FM\02JNN1.SGM
02JNN1
Agencies
[Federal Register Volume 76, Number 106 (Thursday, June 2, 2011)]
[Notices]
[Pages 31946-31951]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-13659]
-----------------------------------------------------------------------
DEPARTMENT OF ENERGY
Office of Energy Efficiency and Renewable Energy
[Case No. CAC-033]
Energy Conservation Program for Certain Industrial Equipment:
Publication of the Petition for Waiver From Fujitsu General Limited 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 Fujitsu General Limited (Fujitsu). 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 Fujitsu variable capacity AIRSTAGE V-II (commercial) multi-split
heat pumps. Through this document, DOE: (1) Solicits comments, data,
and information with respect to the Fujitsu petition; and (2) announces
the grant of an interim waiver to Fujitsu 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 Fujitsu petition until, but no later than July 5, 2011.
ADDRESSES: You may submit comments, identified by case number ``CAC-
033,'' 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-033] in the subject line of the message.
Mail: Ms. Brenda Edwards, U.S. Department of Energy,
Building Technologies Program, Mailstop EE-2J/1000 Independence Avenue,
SW., Washington, DC 20585-0121. Telephone: (202) 586-2945. Please
submit one signed original paper copy.
Hand Delivery/Courier: Ms. Brenda Edwards, U.S. Department
of Energy, Building Technologies Program, 950 L'Enfant Plaza, SW.,
Suite 600, Washington, DC 20024. Please submit one signed original
paper copy.
Docket: For access to the docket to review the background documents
relevant to this matter, you may visit the U.S. Department of Energy,
950 L'Enfant Plaza, SW. (Resource Room of the Building Technologies
Program), Washington, DC 20024; (202) 586-2945, between 9 a.m. and 4
p.m., Monday through Friday, except 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 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: 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).
---------------------------------------------------------------------------
\1\ For editorial reasons, upon codification in the U.S. Code,
Parts B and C were re-designated as Parts A and A-1, respectively.
---------------------------------------------------------------------------
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
[[Page 31947]]
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 Fujitsu's
commercial AIRSTAGE V-II multi-split heat pump products at issue in the
waiver petition filed by Fujitsu range from 72,000 Btu/h to 288,000
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 April 25, 2011, Fujitsu 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 Fujitsu AIRSTAGE
V-II multi-split heat pumps range from 72,000Btu/hto 288,000Btu/h. The
applicable test procedure is ARI 340/360-2004. Manufacturers are
directed to use this test procedure pursuant to Table 1 of 10 CFR
431.96.
Fujitsu seeks a waiver from the applicable test procedures under 10
CFR 431.96 on the grounds that its AIRSTAGE V-II multi-split heat pumps
contain design characteristics that prevent testing according to the
current DOE test procedures. Specifically, Fujitsu asserts that the two
primary factors that prevent testing of its AIRSTAGE V-II 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.
See, e.g., 72 FR 17528 (April 9, 2007) (Mitsubishi); 76 FR 19069
(April 6, 2011) (Daikin); 76 FR 19078 (April 6, 2011) (Mitsubishi).
The AIRSTAGE V-II systems have operational characteristics similar
to the commercial multi-split products manufactured by Mitsubishi,
Samsung, Fujitsu, Sanyo and Daikin. As indicated above, DOE has already
granted waivers for these products. The AIRSTAGE V-II system consists
of multiple indoor units connected to one or multiple outdoor units.
They have the capability of connecting the outdoor unit with up to 45
indoor units selected from 10 chassis types with 43 basic models,
giving these systems more than a million installation combinations.
Consequently, Fujitsu requested that DOE grant a waiver from the
applicable test procedures for its AIRSTAGE V-II product designs.
III. Application for Interim Waiver
On April 25, 2011, Fujitsualso submitted an application for an
interim waiver from the test procedures at 10 CFR 431.96 for its
AIRSTAGE V-II equipment. DOE determined that Fujitsu'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 Fujitsu 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,
Fujitsu'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 Fujitsu's petition for waiver will be granted and that is
desirable for public policy reasons to grant Fujitsu immediate relief
pending a determination on the petition for waiver. DOE believes that
it is likely Fujitsu's petition for waiver for the new AIRSTAGE V-II
multi-split models will be granted because, as noted above, DOE has
previously granted a number of waivers for similar product designs. The
two principal reasons supporting the grant of the previous waivers also
apply to Fujitsu's AIRSTAGE V-II 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.
Therefore, it is ordered that:
The application for interim waiver filed by Fujitsu is hereby
granted for Fujitsu's AIRSTAGE V-II multi-split heat pumps, subject to
the specifications and conditions below.
1. Fujitsu shall not be required to test or rate its AIRSTAGE V-II
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. Fujitsu shall be required to test and rate its AIRSTAGE V-II
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:
[[Page 31948]]
Outdoor units, 208/230Vac, 3-phase, 60Hz, Air-Source Heat pump
models:
Stand alone models:
AOUA72RLBV and AOUA96RLBV with nominal cooling capacities of 72,000
and 96,000 Btu/hr respectively.
------------------------------------------------------------------------
Add-on system models (Module models)
------------------------------------------------------------------------
AOUA144RLBVG.............................. (AOUA72RLBV + AOUA72RLBV)
AOUA168RLBVG.............................. (AOUA72RLBV + AOUA96RLBV)
AOUA192RLBVG.............................. (AOUA96RLBV + AOUA96RLBV)
AOUA216RLBVG.............................. (AOUA72RLBV + AOUA72RLBV +
AOUA72RLBV)
AOUA240RLBVG.............................. (AOUA72RLBV + AOUA72RLBV +
AOUA96RLBV)
AOUA288RLBVG.............................. (AOUA96RLBV + AOUA96RLBV +
AOUA96RLBV)
------------------------------------------------------------------------
With nominal cooling capacities of 144,000, 168,000, 192,000,
216,000, 240,000 and 288,000 Btu/hr respectively.
Compatible indoor units for the above listed outdoor units:
Compact cassette:
AUUA7RLAV, AUUA9RLAV, AUUA12RLAV, AUUA14RLAV, AUUA18RLAV and
AUUA24RLAV with nominal cooling capacities of 7,500, 9,500, 12,000,
14,000, 18,000 and 24,000 Btu/hr respectively.
Cassette:
AUUB30RLAV and AUUB36RLAV with nominal cooling capacities of 30,000
and 36,000 Btu/hr respectively.
Slim cassette:
AUUB18RLAV and AUUB24RLAV with nominal cooling capacities of 18,000
and 24,000 Btu/hr respectively.
Compact wall mounted:
ASUA7RLAV, ASUE7RLAV, ASUA9RLAV, ASUE9RLAV, ASUA12RLAV, ASUE12RLAV,
ASUA14RLAV and ASUE14RLAV with nominal cooling capacities of 7,500,
7,500, 9,500, 9,500, 12,000, 12,000, 14,000 and 14,000 Btu/hr
respectively.
Wall mounted:
ASUB18RLAV and ASUB24RLAV with nominal cooling capacities of 18,000
and 24,000 Btu/hr respectively.
Floor/Ceiling (Universal):
ABUA12RLAV, ABUA14RLAV, ABUA18RLAV and ABUA24RLAV with nominal
cooling capacities of 12,000, 14,000, 18,000, 24,000 Btu/hr
respectively.
Ceiling:
ABUA30RLAV and ABUA36RLAV with nominal cooling capacities of 30,000
and 36,000 Btu/hr respectively.
Slim duct:
ARUL7RLAV, ARUL9RLAV, ARUL12RLAV, ARUL14RLAV and ARUL18RLAV with
nominal cooling capacities of 7,500, 9,500, 12,000, 14,000 and 18,000
Btu/hr respectively.
Middle static pressure duct::
ARUM24RLAV, ARUM30RLAV, ARUM36RLAV, ARUM48RLAV and ARUM54RLAV with
nominal cooling capacities of 24,000, 30,000, 36,000, 48,000 and 54,000
Btu/hr respectively.
High static pressure duct:
ARUH36RLAV, ARUH48RLAV, ARUH54RLAV, ARUH60RLAV, ARUH72RLAV,
ARUH90RLAV and ARUH96RLAV with nominal cooling capacities of 36,000,
48,000, 60,000, 72,000, 90,000 and 96,000 Btu/hr respectively.
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. Fujitsu 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 429.
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 products, ARI formed a
committee to discuss testing issues and to develop atesting 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
Fujitsu 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 forgranting this interim waiver to
Fujitsu, 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 Fujitsu to test and make energy efficiency
representations for its AIRSTAGE V-II 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 a number of other manufacturers.
[[Page 31949]]
The alternate test procedure developed in conjunction with the
Mitsubishi waiver permits Fujitsu 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 Fujitsu's AIRSTAGE V-II commercial multi-split water-source
heat pump models:
1. Fujitsu shall not be required to test or rate its AIRSTAGE V-II
commercial multi-split heat pumps according to the existing test
procedures under Table 1 of 10 CFR 431.96, which incorporates by
reference the Air-Conditioning and Refrigeration Institute (ARI)
Standard 340/360-2004. Fujitsu will be required, however, to test and
rate its AIRSTAGE V-II commercial multi-split heat pumps covered in
this waiver according to the alternate test procedure as set forth
below:
2. Alternate test procedure.
(A) Fujitsu shall be required to test the products listed above
according to the test procedures for central air conditioners and heat
pumps prescribed by DOE at 10 CFR 431.96, except that Fujitsu 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, Fujitsu shall
make representations concerning the AIRSTAGE V-II 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, toenable 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
section 2.4.1 of 10 CFR Part 430, subpart B, appendix M.
3. Representations. In making representations about the energy
efficiency of its AIRSTAGE V-II variable capacity multi-split heat pump
products for compliance, marketing, or other purposes, Fujitsu must
fairly disclose the results of testing under the DOE test procedurein a
manner consistent with the provisions outlined below:
(1) For AIRSTAGE V-II combinations tested in accordance with this
alternate test procedure, Fujitsumay make representations based on
these test results.
(2) For AIRSTAGE V-II combinations that are not tested, Fujitsumay
make representations of non-tested combinations at the same energy
efficiency level as the tested combination. The outdoor unitmust be the
one used in 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 Fujitsu
petition for waiver from the test procedures applicable to Fujitsu's
AIRSTAGE V-II commercial multi-split heat pump products. For the
reasons articulated above, DOE also grants Fujitsu an interim waiver
from those procedures. As part of this notice, DOE publishes Fujitsu's
petition for waiver in its entirety. The petition contains no
confidential information. Furthermore, today's notice includes an
alternate test procedure that Fujitsu is required to follow as a
condition of its interim waiver.In this alternate test procedure, DOE
is defining a tested combination that Fujitsu could use in lieu of
testing all retail combinations of its AIRSTAGE V-II multi-split heat
pump products.
DOE is interested in receiving comments on the issues addressed in
this notice. Pursuant to 10 CFR 431.401(d), any person submitting
written comments must also send a copy of such comments to the
petitioner, pursuant to 10 CFR 431.401(d). The contact information for
the petitioner is: Masami Kato, Manager, Engineering Attestation
Administration Department, Air Conditioner Administration Division,
FUJITSU General Limited, 1116 Suenaga, Takatsu-ku, Kawasaki 213-8502,
Japan. 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 May 26, 2011.
Kathleen Hogan,
Deputy Assistant Secretary for Energy Efficiency, Office of Technology
Development, Energy Efficiency and Renewable Energy.
April 25, 2011
The Honorable Dr. Henry Kelly
Acting Assistant Secretary and Principal Deputy Assistant
Secretary for the Office of Energy Efficiency and Renewable Energy
U.S. Department of Energy 1000 Independence Ave, SW., Washington,
[[Page 31950]]
DC 20585-0121
Re: Petition for Waiver and Application for Interim Waiver of Test
Procedure
Dear Assistant Secretary Kelly:
Pursuant to 10 CFR 431. 401(a)(1), Fujitsu General Limited
(FUJITSU) established in Japan, respectfully submits Petition for
Waiver from test procedure at 10 CFR 431.96, i.e., ARI Standard 340/
360-2004, applicable to commercial package air source central air
conditioners and heat pumps for the FUJITSU's AIRSTAGE V-IIsystem,
Variable Refrigerant Flow (VRF) Multi-Split Systems, because the
basic model contains design characteristics which prevent testing of
the basic model according to the prescribed test procedures.
FUJITSU also submits an application for interim waiver of the
applicable test procedure for the same systems pursuant to 10 CFR
431. 401(a)(2).
1. Background
On June 14, 2004, FUJITSU submitted a Petition for Waiver from
the test procedures applicable to its AIRSTAGE product line of
residential and light commercial products because the design
characteristics of these models prevented testing according to the
currently prescribed test procedures.
Specifically, these models can connect an outdoor unit to many
more indoor units than the test laboratories can physically test at
one time, and it is not practical to test all of the potentially
available combinations.
After consideration of all the materials submitted by FUJITSU,
DOE classified its AIRSTAGE products as ``consumer products''
because:
AIRSTAGE product line at issue involved single-phase
equipment for both residential and light commercial use and there
was no DOE test procedure for single-phase, small commercial package
air-conditioning and heating equipment, no waiver was required for
FUJITSU's single-phase commercial AIRSTAGE products.
Nonetheless, a significant extent, they were for
personal use or consumption by individuals (given their frequent
residential applications). (42 U.S.C. 6291(1)(B)) Thus, the
FUJITSU's AIRSTAGE product line required a waiver from DOE's test
procedure for residential central air conditioners and heat pumps,
under 10 CFR part 430, subpart B, Appendix M.
On December 17, 2007, DOE granted the requested waiver because
there was the problem of being physically unable to test most of the
complete systems in a laboratory. The waiver included an alternate
test procedure pursuant to which FUJITSU must test and rate the
products covered by the waiver. 72 FR 14858 (December17, 2007).
Today, FUJITSUsubmits a Petition for Waiver from the test
procedures applicable to its AIRSTAGE product line of commercial (3-
phase) VRF multi-split ``AIRSTAGE V-II''.
2. The Design Characteristics
FUJITSU's AIRSTAGE V-II system has the following design
characteristics and applications:
Consists of multi-split, multi-zone units utilizing one
ormultiple outdoor units (Add-on system) that have the capability of
connecting the outdoor unit with up to 45 indoor units selected from
10 chassis types with 43 basic models (listed in item 3.
Identification of the particular basic models for which a waiver is
requested), giving these systems more than million installation
combinations.
The compressor is capable of reducing its operating
capacity to as little as 10% of its rated capacity. Zone diversity
enables AIRSTAGE V-II to have a total connected indoor unit capacity
of up to 150% of the capacity of the outdoor unit.
The operating characteristics allow each indoor unit
can be independently controlled and to have a different set
temperature and a different mode of operation (i.e. on/off/fan).
Equip with variable speed indoor and outdoor high
efficiency fan motors to precisely control operating pressures and
airflow rates.
Piping connections are made by outdoor unit branch kit,
separation tube and/or header. Actual piping length150m maximum
allows for application in a wide variety buildings. Height
difference between outdoor and indoor units 50m maximum and indoor
and indoor units 15m maximum.
Uses electronically controlled expansion valves to
precisely control refrigerant flow, superheat, sub-cooling, pump
down functions and even oil flow throughout the system.
3. Identification of the Particular Basic Models for Which a Waiver Is
Requested:
We seek a waiver from the test procedures for the following
AIRSTAGE V-II basic models;
Outdoor units, 208/230Vac, 3-phase, 60Hz, Air-Source Heat pump
models:
Standalone models AOUA72RLBV and AOUA96RLBV with nominal cooling
capacities of 72,000 and 96,000 Btu/hr respectively.
------------------------------------------------------------------------
Add-on system models (Module models)
------------------------------------------------------------------------
AOUA144RLBVG.............................. (AOUA72RLBV + AOUA72RLBV)
AOUA168RLBVG.............................. (AOUA72RLBV + AOUA96RLBV)
AOUA192RLBVG.............................. (AOUA96RLBV + AOUA96RLBV)
AOUA216RLBVG.............................. (AOUA72RLBV + AOUA72RLBV +
AOUA72RLBV)
AOUA240RLBVG.............................. (AOUA72RLBV + AOUA72RLBV +
AOUA96RLBV)
AOUA288RLBVG.............................. (AOUA96RLBV + AOUA96RLBV +
AOUA96RLBV)
------------------------------------------------------------------------
with nominal cooling capacities of 144,000, 168,000, 192,000,
216,000, 240,000 and 288,000 Btu/hr respectively.
Compatible indoor units for the above listed outdoor units:
Compact cassette:
AUUA7RLAV, AUUA9RLAV, AUUA12RLAV, AUUA14RLAV, AUUA18RLAV and
AUUA24RLAV with nominal cooling capacities of 7,500, 9,500, 12,000,
14,000, 18,000 and 24,000 Btu/hr respectively.
Cassette:
AUUB30RLAV and AUUB36RLAV with nominal cooling capacities of
30,000 and 36,000 Btu/hr respectively.
Slim cassette:
AUUB18RLAV and AUUB24RLAV with nominal cooling capacities of
18,000 and 24,000 Btu/hr respectively.
Compact wall mounted:
ASUA7RLAV, ASUE7RLAV, ASUA9RLAV, ASUE9RLAV, ASUA12RLAV,
ASUE12RLAV, ASUA14RLAV and ASUE14RLAV with nominal cooling
capacities of 7,500, 7,500, 9,500, 9,500, 12,000, 12,000, 14,000 and
14,000 Btu/hr respectively.
Wall mounted:
ASUB18RLAV and ASUB24RLAV with nominal cooling capacities of
18,000 and 24,000 Btu/hr respectively.
Floor/Ceiling (Universal):
ABUA12RLAV, ABUA14RLAV, ABUA18RLAV and ABUA24RLAV with nominal
cooling capacities of 12,000, 14,000, 18,000, 24,000 Btu/hr
respectively.
Ceiling:
ABUA30RLAV and ABUA36RLAV with nominal cooling capacities of
30,000 and 36,000 Btu/hr respectively.
Slim duct:
ARUL7RLAV, ARUL9RLAV, ARUL12RLAV, ARUL14RLAV and ARUL18RLAV with
nominal cooling capacities of 7,500, 9,500, 12,000, 14,000 and
18,000 Btu/hr respectively.
Middle staticpressure duct:
ARUM24RLAV, ARUM30RLAV, ARUM36RLAV, ARUM48RLAV and ARUM54RLAV
with nominal cooling capacities of 24,000, 30,000, 36,000, 48,000
and 54,000 Btu/hr respectively.
High staticpressure duct:
ARUH36RLAV, ARUH48RLAV, ARUH54RLAV, ARUH60RLAV, ARUH72RLAV,
ARUH90RLAV and ARUH96RLAV with nominal cooling capacities of 36,000,
48,000, 60,000, 72,000, 90,000 and 96,000 Btu/hr respectively.
4. Design Characteristics Constituting the Grounds for the Petition
FUJITSU seek a waiver from the applicable test procedures under
10 CFR 431.96 on the grounds that its AIRSTAGE V-II multi-split
contain design characteristics that prevent testing according to the
current DOE test procedures. Specifically, FUJITSU assert that the
two primary factors that prevent testing of its AIRSTAGE V-II
products are the same factors stated in the waivers that DOE granted
[[Page 31951]]
to Mitsubishi Electric & Electronics USA, Inc. (Mitsubishi) and
other manufacturers for similar lines of commercial multi-split
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); LG (74 FR66330, December 15,
2009); Daikin (75 FR 22581, April 29, 2010); Daikin (75 FR 25224,
May 7, 2010) and Sanyo (75 FR 41845, July 19, 2010)
5. The Specific Requirements Sought To Be Waived
FUJITSU seeks a waiver from the test procedures at 10 CFR 431.96
applicable to commercial package air source central air conditioners
and heat pumps.
Specially, the applicable test procedure of ARI 340/360-2004 for
AIRSTAGE V-II products listed in Item 3. Identification of the
particular basic models for which a waiver is requested.
6. Identity of the Manufacturers of All Other Basic Models:
The FUJITSU's AIRSTAGE V-II systems incorporate similar design
characteristics and configuration as those as VRF Multi-Split
Systems being marketed in the United States by Mitsubishi Electric
and Electronics USA Inc., Samsung Air Conditioning, Daikin AC
(America), Inc., SANYO North America Corp., LG Electronics U.S.A.,
Inc. and Carrier Corp.
7. Alternate Test Procedures
FUJITSU requests that DOE adopt ANSI/AHRI Standard 1230-2010,
Performance Rating of Variable Refrigerant Flow (VRF) Multi-Split
Air-Conditioning and Heat Pump Equipment Standard as an alternate
test procedure.
AHRI 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 ANSI/ASHRAE/IES Standard 90.1-
2010. In addition, ENERGY STAR has adopted AHRI 1230-2010 as test
methods for Light Commercial Heating and Cooling Equipment.
The commercial multi-split 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. Thus, DOE is considering prescribing ANSI/AHRI 1230--2010 in
the subsequent decision and order as the alternate test procedure
for these waivers.
Mitsubishi (76 FR 19078, April 6, 2011), Daikin(76 FR 19069,
April 6, 2011) and Carrie (76 FR 19759, April 8, 2011).
8. Application for Interim Waiver
Pursuant to 10 CFR 431. 401(a)(2), FUJITSU also submits an
Application for Interim Waiver of the applicable test procedure
requirements for the same systems listed in item 3. Identification
of the particular basic models for which a waiver is requested. The
basis for Application for Interim Waiver is as follows:
FUJITSU believes that it is likely FUJITSU petition for waiver
for the AIRSTAGE V-II multi-split heat pump models will be granted
because, as noted item 4. Design characteristics constituting the
grounds for the petition, DOE has previously granted a number of
waivers for similar product designs based on two principal reasons
below;
(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.
FUJITSU would make it clear that delay in receiving a waiver are
providing our competitor Mitsubishi Electric and Electronics USA
Inc., Samsung Air Conditioning, Daikin AC (America), Inc., SANYO
North America Corp., LG Electronics U.S.A., Inc. and Carrier Corp.
with an unfair advantage over our entrance into the market place by
not offering a uniform waiver and they show preferential treatment
and make us competitive disadvantage in marketing.
As FUJITSU'sAIRSTAGE V-II products are quite similar to these
Mitsubishi CITY MULTI products and other manufacturers products,
there is no particular reason for DOE to hesitate a waiver to our
case.
9. Confidential Information
FUJITSU makes no request to DOE regarding the confidential
treatment of any information contained in this Petition for Waiver
and Application for interim Waiver.
10. Conclusion
FUJITSU respectfully requests DOE to grant its Petition for
Waiver and Application for Interim Waiver of the applicable test
procedure to FUJITSU's AIRSTAGE V-II multi-split heat pumps.
If we can provide further information, or if it would be helpful
to discuss any of this matter further, please contact Mr. Roy
Kuczera, Senior Vice President, FUJITSU General America, Inc. 353
Route 46 W., Fairfield, N.J. 07004 U.S.A. Phone (973) 575-0380 or
undersigned.
Yours very truly,
Masami Kato,
Manager, Engineering Attestation Administration Department Air
Conditioner Administration Division.
FUJITSU General Limited,
1116 Suenaga, Takatsu-ku, Kawasaki 213-8502, Japan, Phone
+81(44)861-7638.
[FR Doc. 2011-13659 Filed 6-1-11; 8:45 am]
BILLING CODE 6450-01-P