Energy Conservation Program for Certain Commercial and Industrial Equipment: Decision and Order Granting a Waiver to Daikin AC (Americas) Inc. From the Department of Energy Commercial Package Air Conditioner and Heat Pump Test Procedures, 34685-34689 [2011-14654]
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Federal Register / Vol. 76, No. 114 / Tuesday, June 14, 2011 / Notices
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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 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.
FOR FURTHER INFORMATION CONTACT:
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
Issued in Washington, DC, on June 7, 2011. Order, DOE grants Daikin a waiver from
the existing DOE commercial package
Mark A. Higgins,
air conditioner and heat pump test
Acting Program Manager, Wind and
procedures for its VRV III–PB multiHydropower Technologies, Energy Efficiency
and Renewable Energy, Department of Energy. split products. DOE also requires the
use of an alternate test procedure for
[FR Doc. 2011–14659 Filed 6–13–11; 8:45 am]
this equipment. The cooling capacities
BILLING CODE 6450–01–P
of Daikin’s VRV III–PB multi-split heat
pumps in its waiver petition range from
DEPARTMENT OF ENERGY
72,000 Btu/h to 360,000 Btu/h. Daikin
must use American National Standards
Office of Energy Efficiency and
Institute/Air-Conditioning, Heating and
Renewable Energy
Refrigeration Institute (ANSI/AHRI)
Standard 1230–2010, ‘‘Performance
[Case No. CAC–029]
Rating of Variable Refrigerant Flow
Energy Conservation Program for
(VRF) Multi-Split Air-Conditioning and
Certain Commercial and Industrial
Heat Pump Equipment’’ to test and rate
Equipment: Decision and Order
the specified models of VRV III–PB
Granting a Waiver to Daikin AC
variable refrigerant flow (VRF) multi(Americas) Inc. From the Department
split commercial heat pumps, identified
of Energy Commercial Package Air
below, with cooling capacities less than
Conditioner and Heat Pump Test
or equal to 300,000 Btu/hr. Daikin must
Procedures
use the alternate test procedure
specified in its interim waiver to test
AGENCY: Office of Energy Efficiency and
and rate the specified models of VRV
Renewable Energy, Department of
III–PB variable refrigerant flow (VRF)
Energy.
multi-split commercial heat pumps,
ACTION: Decision and Order.
identified below, with cooling
SUMMARY: This notice publishes the U.S. capacities above 300,000, except that for
consistency with the testing required by
Department of Energy’s (DOE) Decision
and Order in Case No. CAC–029, which ANSI/AHRI 1230–2010, tests of both
ducted and non-ducted indoor units
grants Daikin AC (Americas) Inc.
(Daikin) a waiver from the existing DOE must now be conducted. 76 FR 19069
(April 6, 2011).
test procedures applicable to
commercial package air-source central
Today’s decision prohibits Daikin
air conditioners and heat pumps. The
from making any representations
waiver is specific to the Daikin VRV III– concerning the energy efficiency of
PB variable refrigerant flow (VRF) multi- these products unless the product has
split commercial heat pumps. As a
been tested consistent with the
condition of this waiver, Daikin must
provisions and restrictions in the
use the alternate test procedure set forth alternate test procedure set forth in the
in this notice to test and rate its VRV III– Decision and Order below, and the
PB variable refrigerant flow (VRF) multi- representations fairly disclose the test
split commercial heat pumps.
results. (42 U.S.C. 6314(d)) Distributors,
retailers, and private labelers are held to
DATES: This Decision and Order is
the same standard when making
effective June 14, 2011.
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SUPPLEMENTARY INFORMATION:
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34685
representations regarding the energy
efficiency of these products. Id.
Issued in Washington, DC, on June 7, 2011.
Kathleen Hogan,
Deputy Assistant Secretary for Energy
Efficiency, Office of Technology
Development, Energy Efficiency and
Renewable Energy.
Decision and Order
In the Matter of: Daikin AC
(Americas) Inc. (Daikin) (Case No. CAC–
029).
Background
Title III, Part C of the Energy Policy
and Conservation Act of 1975 (EPCA),
Public Law 94–163 (42 U.S.C. 6311–
6317, as codified) established the
Energy Conservation Program for
Certain Industrial Equipment, a program
covering certain industrial equipment,
which includes the VRV III–PB variable
refrigerant flow (VRF) commercial
multi-split heat pumps (‘‘VRV III–PB
multi-split heat pumps’’) that are the
focus of this notice.1 Part C specifically
includes definitions (42 U.S.C. 6311),
test procedures (42 U.S.C. 6314),
labeling provisions (42 U.S.C. 6315),
energy conservation standards (42 U.S.C
6313), and the authority to require
information and reports from
manufacturers. 42 U.S.C. 6316. With
respect to test procedures, Part C
authorizes the Secretary of Energy (the
Secretary) to prescribe test procedures
that are reasonably designed to produce
results that measure energy efficiency,
energy use, and estimated annual
operating costs, and that are not unduly
burdensome to conduct. (42 U.S.C.
6314(a)(2))
For commercial package airconditioning and heating equipment,
EPCA provides that ‘‘the test procedures
shall be those generally accepted
industry testing procedures or rating
procedures developed or recognized by
the Air-Conditioning and Refrigeration
Institute [ARI] or by the American
Society of Heating, Refrigerating and
Air-Conditioning Engineers [ASHRAE],
as referenced in ASHRAE/IES Standard
90.1 and in effect on June 30, 1992.’’ (42
U.S.C. 6314(a)(4)(A)) Under 42 U.S.C.
6314(a)(4)(B), the statute further directs
the Secretary to amend the test
procedure for a covered commercial
product if the industry test procedure is
amended, unless the Secretary
determines, by rule and based on clear
and convincing evidence, that such a
modified test procedure does not meet
the statutory criteria set forth in 42
U.S.C. 6314(a)(2) and (3).
1 For editorial reasons, upon codification in the
U.S. Code, Part C was re-designated Part A–1.
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On December 8, 2006, DOE published
a final rule adopting test procedures for
commercial package air-conditioning
and heating equipment, effective
January 8, 2007. 71 FR 71340. For
commercial air-source heat pumps, DOE
adopted ARI Standard 340/360–2004.
Table 1 to Title 10 of the Code of
Federal Regulations (10 CFR) 431.96
directs manufacturers of commercial
package air conditioning and heating
equipment to use the appropriate
procedure when measuring energy
efficiency of those products. The
cooling capacities of Daikin’s VRV III–
PB multi-split heat pumps in its waiver
petition range from 72,000 Btu/h to
360,000 Btu/h. The current test
procedure for this equipment is ARI
Standard 340/360–2004, which includes
units with capacities greater than 65,000
Btu/hour.
DOE’s regulations for covered
products permit a person to seek a
waiver from the test procedure
requirements for covered commercial
equipment if at least one of the
following conditions is met: (1) The
petitioner’s basic model contains one or
more design characteristics that prevent
testing according to the prescribed test
procedures; or (2) the prescribed test
procedures may evaluate the basic
model in a manner so unrepresentative
of its true energy consumption as to
provide materially inaccurate
comparative data. 10 CFR 431.401(a)(1).
Petitioners must include in their
petition any alternate test procedures
known to the petitioner to evaluate the
basic model in a manner representative
of its energy consumption. 10 CFR
431.401(b)(1)(iii). The Assistant
Secretary for Energy Efficiency and
Renewable Energy (Assistant Secretary)
may grant a waiver subject to
conditions, including adherence to
alternate test procedures. 10 CFR
431.401(f)(4). Waivers remain in effect
pursuant to the provisions of 10 CFR
431.401(g).
The waiver process also permits
parties submitting a petition for waiver
to file an application for interim waiver
of the applicable test procedure
requirements. 10 CFR 431.401(a)(2). The
Assistant Secretary will grant an interim
waiver request if it is determined that
the applicant will experience economic
hardship if the application for interim
waiver is denied, if it appears likely that
the petition for waiver will be granted,
and/or the Assistant Secretary
determines that it would be desirable for
public policy reasons to grant
immediate relief pending a
determination on the petition for
waiver. 10 CFR 431.401(e)(3). An
interim waiver remains in effect for 180
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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).
On November 22, 2010, Daikin filed a
petition for waiver from the test
procedure at 10 CFR 431.96 applicable
to commercial package air source
central air conditioners and heat pumps,
as well as an application for interim
waiver. The capacities of Daikin’s VRV
III–PB multi-split heat pumps range
from 72,000 Btu/h to 360,000 Btu/h. The
applicable test procedure for
commercial air-source heat pumps is
ARI 340/360–2004. Manufacturers are
directed to use these test procedures
pursuant to Table 1 of 10 CFR 431.96.
Daikin seeks a waiver from the
applicable test procedures under 10 CFR
431.96 on the grounds that its VRV III–
PB multi-split heat pumps contain
design characteristics that prevent
testing according to the current DOE test
procedures. Specifically, Daikin asserts
that the two primary factors that prevent
testing of its multi-split variable speed
products are the same factors stated in
the waivers that DOE granted to
Mitsubishi Electric & Electronics USA,
Inc. (Mitsubishi) and other
manufacturers for similar lines of
commercial multi-split air-conditioning
systems:
• Testing laboratories cannot test
products with so many indoor units;
and
• There are too many possible
combinations of indoor and outdoor
units to test. See, e.g., 72 FR 17528
(April 9, 2007) (Mitsubishi); 76 FR
19069 (April 6, 2011) (Daikin); 76 FR
19078 (April 6, 2011) (Mitsubishi).
On April 6, 2011, DOE published
Daikin’s petition for waiver in the
Federal Register, seeking public
comment pursuant to 10 CFR
431.401(b)(1)(iv), and granted the
application for interim waiver. 76 FR
19069. DOE received no comments on
the Daikin petition.
Assertions and Determinations
Daikin’s Petition for Waiver
Daikin seeks a waiver from the DOE
test procedures for this product class on
the grounds that its VRV III–PB variable
refrigerant flow (VRF) multi-split
commercial heat pumps contain design
characteristics that prevent them from
being tested using the current DOE test
procedures. As stated above, Daikin
asserts that the two primary factors that
prevent testing of multi-split variable
speed products are the same factors
stated in the waivers that DOE granted
to Mitsubishi, Fujitsu General Ltd.
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(Fujitsu), Samsung Air Conditioning
(Samsung), Sanyo, and LG for similar
lines of commercial multi-split airconditioning systems: (1) Testing
laboratories cannot test products with so
many indoor units; and (2) there are too
many possible combinations of indoor
and outdoor unit to test.
The VRV III–PB multi-split heat pump
system consists of multiple indoor units
connected to an air-cooled outdoor unit.
The indoor units for this equipment are
available in a very large number of
potential configurations, including: 4Way Cassette, Wall Mounted, Ceiling
Suspended, Floor Standing, Ceiling
Concealed, and Multi Position AHU.
There are over one million
combinations possible with the current
Daikin VRV III–PB product offerings. It
is impractical for testing laboratories to
test this equipment because of the
number of potential system
configurations. Consequently, Daikin
requested that DOE grant a waiver from
the applicable test procedure for its VRV
III–PB multi-split heat pump equipment
designs until a suitable test method can
be prescribed.
In responses to two petitions for
waiver from Mitsubishi, DOE specified
an alternate test procedure to provide a
basis upon which Mitsubishi could test
and make valid energy efficiency
representations for its R410A CITY
MULTI equipment, as well as for its R22
multi-split equipment. Alternate test
procedures related to the Mitsubishi
petitions were published in the Federal
Register on April 9, 2007. See 72 FR
17528 and 72 FR 17533. The Daikin
VRV III–PB systems have operational
characteristics similar to the commercial
multi-split products manufactured by
Mitsubishi, Samsung, Fujitsu, LG, and
Sanyo. DOE has granted waivers for
these products with a similar alternate
test procedure prescribed for
Mitsubishi. For reasons similar to those
published in these prior notices, DOE
believes that an alternate test procedure
is appropriate in this instance.
After DOE granted a waiver for
Mitsubishi’s R22 multi-split products,
ARI formed a committee to discuss
testing issues and to develop a testing
protocol for variable refrigerant flow
systems. The committee has developed
a test procedure which has been
adopted by the American National
Standards Institute (AHRI)–‘‘American
National Standards Institute (ANSI)/
AHRI 1230–2010: Performance Rating of
Variable Refrigerant Flow (VRF) MultiSplit Air-Conditioning and Heat Pump
Equipment.’’ This test procedure has
been incorporated into ASHRAE 90.1–
2010. DOE is currently assessing AHRI
1230–2010 with respect to the
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requirements for test procedures
specified by EPCA (42 U.S.C.
6314(a)(4)(B)), and will provide a
preliminary determination regarding
those test procedures in a future notice
of proposed rulemaking.
Daikin’s petition proposed that DOE
apply ANSI/AHRI Standard 1230–2010
as the alternate test procedure to apply
to its VRV III–PB multi-split heat pump
equipment as a condition of its
requested waiver. As stated above, no
comments were received by DOE
regarding the Daikin petition. The
alternate test procedure in the
commercial multi-split waivers that
DOE granted to Mitsubishi and the other
manufacturers listed above is similar to
ANSI/AHRI 1230–2010, except that it
covers equipment with cooling
capacities greater than 300,000 Btu/hr
while ANSI/AHRI 1230–2010 covers
equipment with cooling capacities only
equal to or less than 300,000 Btu/hr.
DOE issues today’s Decision and
Order granting Daikin a test procedure
waiver for its commercial VRV III–PB
multi-split heat pumps. As a condition
of this waiver, Daikin must use the
alternate test procedure specified by
DOE. For the listed Daikin VRV III–PB
models with cooling capacities less than
or equal to 300,000 Btu/hr, DOE must
use ANSI/AHRI 1230–2010 as the
alternate procedure. For the listed
Daikin VRV III–PB models with cooling
capacities greater than 300,000 Btu/h,
Daikin must use the alternate test
procedure prescribed in its interim
waiver, except that for consistency with
the testing required by ANSI/AHRI
1230–2010, tests of both ducted and
non-ducted indoor units must now be
conducted. This alternate test procedure
is essentially the same as ANSI/AHRI
1230–2010. The upper limit of the scope
of ANSI/AHRI 1230–2010 was set for
historical rather than technical reasons.
Alternate Test Procedure
The alternate test procedure
prescribed by DOE in earlier multi-split
waivers, including the interim waiver
granted to Daikin in response to the
current petition, consisted of a
definition of a ‘‘tested combination’’ and
a prescription for representations.
ANSI/AHRI 1230–2010 also includes a
definition of ‘‘tested combination,’’ and
the two definitions are identical in all
relevant respects.
The earlier alternate test procedure
provides for efficiency rating of a nontested combination in one of two ways:
(1) At an energy efficiency level
determined using a DOE-approved
alternative rating method; or (2) at the
efficiency level of the tested
combination utilizing the same outdoor
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unit. ANSI/AHRI 1230–2010 requires an
additional test and in this respect is
similar to the residential test procedure
set forth in 10 CFR part 430, subpart B,
appendix M. Multi-split manufacturers
must test two or more combinations of
indoor units with each outdoor unit.
The first system combination is tested
using only non-ducted indoor units that
meet the definition of a tested
combination. The rating given to any
untested multi-split system combination
having the same outdoor unit and all
non-ducted indoor units is set equal to
the rating of the tested system having all
non-ducted indoor units. The second
system combination is tested using only
ducted indoor units that meet the
definition of a tested combination. The
rating given to any untested multi-split
system combination having the same
outdoor unit and all ducted indoor units
is set equal to the rating of the tested
system having all ducted indoor units.
The rating given to any untested multisplit system combination having the
same outdoor unit and a mix of nonducted and ducted indoor units is set
equal to the average of the ratings for the
two required tested combinations.
With regard to the laboratory testing
of commercial products, some of the
difficulties associated with the existing
test procedure are avoided by the
alternate test procedure’s requirements
for choosing the indoor units to be used
in the manufacturer-specified tested
combination. For example, in addition
to limiting the number of indoor units,
another requirement is that all the
indoor units must be subjected the same
minimum external static pressure. This
requirement enables the test lab to
manifold the outlets from each indoor
unit into a common plenum that
supplies air to a single airflow
measuring apparatus. This eliminates
situations in which some of the indoor
units are ducted and some are nonducted. Without this requirement, the
laboratory must evaluate the capacity of
a subgroup of indoor coils separately
and then sum the separate capacities to
obtain the overall system capacity.
Measuring capacity in this way would
require that the test laboratory be
equipped with multiple airflow
measuring apparatuses. It is unlikely
that any test laboratory would be
equipped with the necessary number of
such apparatuses. Alternatively, the test
laboratory could connect its one airflow
measuring apparatus to one or more
common indoor units until the
contribution of each indoor unit had
been measured. However, that approach
would be so time-consuming as to be
impractical.
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For the reasons discussed above, DOE
believes Daikin’s VRV III–PB multi-split
heat pumps cannot be tested using the
procedure prescribed in 10 CFR 431.96
(ARI Standard 340/360–2004) and
incorporated by reference in DOE’s
regulations at 10 CFR 431.95(b)(2)–(3).
After careful consideration, DOE has
decided to prescribe ANSI/AHRI 1230–
2010 as the alternate test procedure for
Daikin’s commercial multi-split
products with cooling capacities less
than or equal to 300,000 Btu/hr and the
alternate test procedure specified in
Daikin’s interim waiver for its
commercial multi-split products with
cooling capacities greater than 300,000
Btu/hr, except that for consistency with
the testing required by ANSI/AHRI
1230–2010, tests of both ducted and
non-ducted indoor units must now be
conducted.
Consultations With Other Agencies
DOE consulted with the Federal Trade
Commission (FTC) staff concerning the
Daikin petition for waiver. The FTC staff
did not have any objections to issuing
a waiver to Daikin.
Conclusion
After careful consideration of all the
materials submitted by Daikin, the
absence of any comments, and
consultation with the FTC staff, it is
ordered that:
(1) The petition for waiver filed by
Daikin (Case No. CAC–029) is hereby
granted as set forth in the paragraphs
below.
(2) Daikin shall not be required to test
or rate its VRV III–PB multi-split heat
pump models listed below on the basis
of the test procedures cited in 10 CFR
431.96, specifically ARI Standard 340/
360–2004 (incorporated by reference in
10 CFR 431.95(b)(2–3)). Instead, it shall
be required to test and rate such
products according to the alternate test
procedure as set forth in paragraph (3).
VRV III–PB multi-split heat pump series
outdoor units:
• 460V/3-phase/60Hz Models:
Æ Heat Pump models RXYQ72PBYD,
RXYQ96PBYD, RXYQ120PBYD,
RXYQ144PBYD, RXYQ168PBYD,
RXYQ192PBYD, RXYQ216PBYD,
RXYQ240PBYD, RXYQ264PBYD,
RXYQ288PBYD, RXYQ312PBYD,
RXYQ336PBYD, RXYQ360PBYD with
nominal cooling capacities of 72,000,
96,000, 120,000, 144,000, 168,000,
192,000, 216,000, 240,000, 264,000,
288,000, 312,000, 336,000 and 360,000
Btu/hr respectively.
Æ Heat Recovery models
REYQ72PBYD, REYQ96PBYD,
REYQ120PBYD, REYQ144PBYD (2x
REMQ72PBYD), REYQ168PBYD (1x
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REMQ96PBYD + 1x REMQ72PBYD),
REYQ192PBYD (2x REMQ96PBYD),
REYQ216PBYD (1x REMQ120PBYD +
1x REMQ96PBYD), REYQ240PBYD (2x
REMQ120PBYD), REYQ264PBYD (1x
REMQ72PBYD + 2x REMQ96PBYD),
REYQ288PBYD (1x REMQ120PBYD +
1x REMQ96PBYD + 1x REMQ72PBYD),
REYQ312PBYD (2x REMQ96PBYD + 1x
REMQ120PBYD), REYQ336PBYD (2x
REMQ120PBYD + 1x REMQ96PBYD),
with nominal cooling capacities of
72,000, 96,000, 120,000, 144,000,
168,000, 192,000, 216,000, 240,000,
264,000, 288,000, 312,000 and 336,000
Btu/hr respectively.
• 208–230V/3-phase/60Hz Models:
Æ Heat Pump models RXYQ72PBTJ,
RXYQ96PBTJ, RXYQ120PBTJ,
RXYQ144PBTJ, RXYQ168PBTJ,
RXYQ192PBTJ, RXYQ216PBTJ,
RXYQ240PBTJ, RXYQ264PBTJ,
RXYQ288PBTJ, RXYQ312PBTJ,
RXYQ336PBTJ, RXYQ360PBTJ with
nominal cooling capacities of 72,000,
96,000, 120,000, 144,000, 168,000,
192,000, 216,000, 240,000, 264,000,
288,000, 312,000, 336,000 and 360,000
Btu/hr respectively.
Æ Heat Recovery models
REYQ72PBTJ, REYQ96PBTJ,
REYQ120PBTJ, REYQ144PBTJ,
REYQ168PBTJ (1x REMQ96PBTJ + 1x
REMQ72PBTJ), REYQ192PBTJ (2x
REMQ96PBTJ), REYQ216PBTJ (1x
REMQ120PBTJ + 1x REMQ96PBTJ),
REYQ240PBTJ (2x REMQ120PBTJ),
REYQ264PBTJ (1x REMQ72PBTJ + 2x
REMQ96PBTJ), REYQ288PBTJ (1x
REMQ120PBTJ + 1x REMQ96PBTJ + 1x
REMQ72PBTJ), REYQ312PBTJ (2x
REMQ96PBTJ + 1x REMQ120PBTJ),
REYQ336PBTJ (2x REMQ120PBTJ + 1x
REMQ96PBTJ), with nominal cooling
capacities of 72,000, 96,000, 120,000,
144,000, 168,000, 192,000, 216,000,
240,000, 264,000, 288,000, 312,000 and
336,000 Btu/hr respectively.
• Compatible indoor units for above
listed outdoor units:
Æ FXAQ Series all mounted indoor
units with nominal capacities of 7,500,
9,500, 12,000, 18,000 and 24,000 Btu/hr.
Æ FXLQ Series floor mounted indoor
units with nominal capacities of 12,000,
18,000 and 24,000 Btu/hr.
Æ FXNQ Series concealed floor
mounted indoor units with nominal
capacities of 12,000, 18,000 and 24,000
Btu/hr.
Æ FXDQ Series low static ducted
indoor units with nominal capacities of
7,500, 9,500, 12,000, 18,000 and 24,000
Btu/hr.
Æ FXSQ Series medium static ducted
indoor units with nominal capacities of
7,500, 9,500, 12,000, 18,000, 24,000,
30,000, 36,000, 48,000 Btu/hr.
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Æ FXMQ Series medium/high static
ducted indoor units with nominal
capacities of 7,500, 9,500, 12,000,
18,000, 24,000, 30,000, 36,000, 48,000,
72,000 and 96,000 Btu/hr.
Æ FXZQ Series recessed cassette
indoor units with nominal capacities of
7,500, 9,500, 12,000 and 18,000 Btu/hr.
Æ FXFQ Series recessed cassette
indoor units with nominal capacities of
9,500, 12,000, 18,000, 24,000, 30,000,
36,000 and 48,000 Btu/hr.
Æ FXHQ Series ceiling suspended
indoor units with nominal capacities of
12,000, 24,000 and 36,000 Btu/hr.
Æ FXTQ Series ceiling suspended
indoor units with nominal capacities of
12,000, 18,000, 24,000, 30,000, 36,000,
42,000, 48,000 and 54,000 Btu/hr.
Æ FXMQ–MF Series concealed ducted
indoor units with nominal capacities of
48,000, 72,000, and 96,000 Btu/hr.
(3) Alternate test procedure.
(A) Daikin is not required to test the
products with cooling capacities of
300,000 Btu/h and below listed in
paragraph (2) above according to the test
procedure for commercial package air
conditioners and heat pumps prescribed
by DOE at 10 CFR 431.96 (ARI Standard
340/360–2004 (incorporated by
reference in 10 CFR 431.95(b)(2)–(3)),
but instead shall use the alternate test
procedure ANSI/AHRI 1230–2010.
(B) Daikin shall be required to test the
equipment listed in paragraph (2) above
with cooling capacities above 300,000
Btu/h according to the test procedures
for central air conditioners and heat
pumps prescribed by DOE at 10 CFR
431.96, except that Daikin shall test
each model of outdoor unit with two or
more combinations of indoor units. The
first system combination shall be tested
using only non-ducted indoor units that
meet the definition of a tested
combination as set forth in paragraph C.
The second system combination shall be
tested using only ducted indoor units
that meet the definition of a tested
combination as set forth in paragraph C.
Daikin shall make representations
concerning the VRV III–PB multi-split
heat pump equipment covered in this
waiver according to the provisions of
subparagraph (D).
(C) 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
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Fmt 4703
Sfmt 4703
between two and five indoor units. (For
systems with nominal cooling capacities
greater than 150,000 Btu/h, as many as
eight indoor units may be used, so as to
be able to test non-ducted indoor unit
combinations). For multi-split systems,
each of these indoor units shall be
designed for individual operation.
(2) The indoor units shall—
(i) Represent the highest sales model
family or another indoor model family
if the highest sales model family does
not provide sufficient capacity (see ii);
(ii) Together, have a nominal cooling
capacity that is between 95% and 105%
of the nominal cooling capacity of the
outdoor unit;
(iii) Not, individually, have a nominal
cooling capacity that is greater than
50% of the nominal cooling capacity of
the outdoor unit;
(iv) Operate at fan speeds that are
consistent with the manufacturer’s
specifications; and
(v) Be subject to the same minimum
external static pressure requirement
while being configurable to produce the
same static pressure at the exit of each
outlet plenum when manifolded as per
section 2.4.1 of 10 CFR Part 430, subpart
B, appendix M.
(D) Representations. In making
representations about the energy
efficiency of its VRV III–PB multi-split
products, for compliance, marketing, or
other purposes, Daikin must fairly
disclose the results of testing under the
DOE test procedure in a manner
consistent with the provisions outlined
below:
(i) For VRV III–PB multi-split
combinations tested in accordance with
this alternate test procedure, Daikin may
make representations based on those
test results.
(ii) For VRV III–PB multi-split
combinations that are not tested, Daikin
may make representations based on the
testing results for the tested
combination and that are consistent
with one of the following methods:
(a) Rating of non-tested combinations
according to an alternative rating
method approved by DOE; or
(b) Rating of non-tested combinations
having the same outdoor unit and all
non-ducted indoor units shall be set
equal to the rating of the tested system
having all non-ducted indoor units.
(c) Rating of non-tested combinations
having the same outdoor unit and all
ducted indoor units shall be set equal to
the rating of the tested system having all
ducted indoor units. To be considered a
ducted unit, the indoor unit must be
intended to be connected with ductwork
and have a rated external static pressure
capability greater than zero (0).
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34689
Federal Register / Vol. 76, No. 114 / Tuesday, June 14, 2011 / Notices
(d) Rating of non-tested combinations
having the same outdoor unit and a mix
of non-ducted and ducted indoor units
shall be set equal to the average of the
ratings for the two required tested
combinations.
(4) This waiver shall remain in effect
from the date this Decision and Order is
issued, consistent with the provisions of
10 CFR 431.401(g).
(5) This waiver is issued on the
condition that the statements,
representations, and documentary
materials provided by the petitioner are
valid. DOE may revoke or modify the
waiver at any time if it determines that
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.
(6) This waiver applies only to those
basic models set out in Daikin’s petition
for waiver. Grant of this waiver does not
release a petitioner from the
certification requirements set forth at 10
CFR part 429.
Issued in Washington, DC on June 7, 2011.
Kathleen B. Hogan,
Deputy Assistant Secretary, Office of
Technology Development, Energy Efficiency
and Renewable Energy.
[FR Doc. 2011–14654 Filed 6–13–11; 8:45 am]
BILLING CODE 6450–01–P
DEPARTMENT OF ENERGY
Federal Energy Regulatory
Commission
[Docket No. IC11–583–000]
Commission Information Collection
Activities [FERC–583], Comment
Request; Extension
Federal Energy Regulatory
Commission.
AGENCY:
Notice of proposed information
collection and request for comments.
ACTION:
In compliance with the
requirements of section 3506(c)(2)(A) of
the Paperwork Reduction Act of 1995,
44 U.S.C. 3506(c)(2)(A) (2006), (Pub. L.
104–13), the Federal Energy Regulatory
Commission (Commission or FERC) is
soliciting public comment on the
proposed information collection
described below.
DATES: Comments in consideration of
the collection of information are due
August 12, 2011.
ADDRESSES: Comments may be filed
either electronically (eFiled) or in paper
format, and should refer to Docket No.
IC11–583–000. Documents must be
prepared in an acceptable filing format
and in compliance with Commission
submission guidelines at https://
www.ferc.gov/help/submissionguide.asp. eFiling instructions are
available at: https://www.ferc.gov/docsfiling/efiling.asp. First-time users must
follow eRegister instructions at: https://
www.ferc.gov/docs-filing/
eregistration.asp, to establish a user
name and password before eFiling. The
Commission will send an automatic
acknowledgement to the sender’s e-mail
address upon receipt of eFiled
comments. Commenters making an
eFiling should not make a paper filing.
Commenters that are not able to file
electronically must send an original of
their comments to: Federal Energy
Regulatory Commission, Secretary of the
Commission, 888 First Street, NE.,
Washington, DC 20426.
Users interested in receiving
automatic notification of activity in this
docket may do so through eSubscription
at https://www.ferc.gov/docs-filing/
esubscription.asp. All comments and
FERC issuances may be viewed, printed
or downloaded remotely through
FERC’s eLibrary at https://www.ferc.gov/
docs-filing/elibrary.asp, by searching on
SUMMARY:
Docket No. IC11–583. For user
assistance, contact FERC Online
Support by e-mail at
ferconlinesupport@ferc.gov, or by phone
at: (866) 208–3676 (toll-free), or (202)
502–8659 for TTY.
FOR FURTHER INFORMATION CONTACT:
Ellen Brown may be reached by e-mail
at DataClearance@FERC.gov, telephone
at (202) 502–8663, and fax at (202) 273–
0873.
The
information collected under the
requirements of FERC–583 ‘‘Annual
Kilowatt Generating Report (Annual
Charges)’’ (OMB No. 1902–0136) is used
by the Commission to implement the
statutory provisions of section 10(e) of
the Federal Power Act (FPA), part I, 16
U.S.C. 803(e) which requires the
Commission to collect annual charges
from hydropower licensees for, among
other things, the cost of administering
part I of the FPA and for the use of
United States dams. In addition, section
3401 of the Omnibus Budget
Reconciliation Act of 1986 (OBRA)
authorizes the Commission to ‘‘assess
and collect fees and annual charges in
any fiscal year in amounts equal to all
of the costs incurred by the Commission
in that fiscal year.’’ The information is
collected annually and used to
determine the amounts of the annual
charges to be assessed licensees for
reimbursable government administrative
costs and for the use of government
dams. The Commission implements
these filing requirements in the Code of
Federal Regulations (CFR) under 18 CFR
part 11.
Action: The Commission is requesting
a three-year extension of the current
expiration date, with no changes to the
existing collection of data.
Burden Statement: Public reporting
burden for this collection is estimated
as:
SUPPLEMENTARY INFORMATION:
Number of
respondents
annually
(1)
Number of responses per
respondent
(2)
Average burden hours per
response
(3)
Total annual
burden hours
(1) × (2) × (3)
FERC–583 .......................................................................................................
srobinson on DSK4SPTVN1PROD with NOTICES
Data collection
459
1
2
918
Estimated cost burden to respondents
is $62,835. (918 hours/2,080 hours per
year times $142,372 per year average per
employee = $62,835). The cost per
respondent is $137 (rounded).
The reporting burden includes the
total time, effort, or financial resources
expended to generate, maintain, retain,
disclose, or provide the information
including: (1) Reviewing instructions;
VerDate Mar<15>2010
16:27 Jun 13, 2011
Jkt 223001
(2) developing, acquiring, installing, and
utilizing technology and systems for the
purposes of collecting, validating,
verifying, processing, maintaining,
disclosing and providing information;
(3) adjusting the existing ways to
comply with any previously applicable
instructions and requirements; (4)
training personnel to respond to a
collection of information; (5) searching
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Fmt 4703
Sfmt 4703
data sources; (6) completing and
reviewing the collection of information;
and (7) transmitting, or otherwise
disclosing the information.
The estimate of cost for respondents
is based upon salaries for professional
and clerical support, as well as direct
and indirect overhead costs. Direct costs
include all costs directly attributable to
providing this information, such as
E:\FR\FM\14JNN1.SGM
14JNN1
]]>Agencies
[Federal Register Volume 76, Number 114 (Tuesday, June 14, 2011)]
[Notices]
[Pages 34685-34689]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-14654]
-----------------------------------------------------------------------
DEPARTMENT OF ENERGY
Office of Energy Efficiency and Renewable Energy
[Case No. CAC-029]
Energy Conservation Program for Certain Commercial and Industrial
Equipment: Decision and Order Granting a Waiver to Daikin AC (Americas)
Inc. 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: Decision and Order.
-----------------------------------------------------------------------
SUMMARY: This notice publishes the U.S. Department of Energy's (DOE)
Decision and Order in Case No. CAC-029, which grants Daikin AC
(Americas) Inc. (Daikin) 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 Daikin VRV III-PB
variable refrigerant flow (VRF) multi-split commercial heat pumps. As a
condition of this waiver, Daikin must use the alternate test procedure
set forth in this notice to test and rate its VRV III-PB variable
refrigerant flow (VRF) multi-split commercial heat pumps.
DATES: This Decision and Order is effective June 14, 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 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: 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 Daikin a waiver from the existing DOE commercial
package air conditioner and heat pump test procedures for its VRV III-
PB multi-split products. DOE also requires the use of an alternate test
procedure for this equipment. The cooling capacities of Daikin's VRV
III-PB multi-split heat pumps in its waiver petition range from 72,000
Btu/h to 360,000 Btu/h. Daikin must use American National Standards
Institute/Air-Conditioning, Heating and Refrigeration Institute (ANSI/
AHRI) Standard 1230-2010, ``Performance Rating of Variable Refrigerant
Flow (VRF) Multi-Split Air-Conditioning and Heat Pump Equipment'' to
test and rate the specified models of VRV III-PB variable refrigerant
flow (VRF) multi-split commercial heat pumps, identified below, with
cooling capacities less than or equal to 300,000 Btu/hr. Daikin must
use the alternate test procedure specified in its interim waiver to
test and rate the specified models of VRV III-PB variable refrigerant
flow (VRF) multi-split commercial heat pumps, identified below, with
cooling capacities above 300,000, except that for consistency with the
testing required by ANSI/AHRI 1230-2010, tests of both ducted and non-
ducted indoor units must now be conducted. 76 FR 19069 (April 6, 2011).
Today's decision prohibits Daikin from making any representations
concerning the energy efficiency of these products unless the product
has been tested consistent with the provisions and restrictions in the
alternate test procedure set forth in the Decision and Order below, and
the representations fairly disclose the test results. (42 U.S.C.
6314(d)) Distributors, retailers, and private labelers are held to the
same standard when making representations regarding the energy
efficiency of these products. Id.
Issued in Washington, DC, on June 7, 2011.
Kathleen Hogan,
Deputy Assistant Secretary for Energy Efficiency, Office of Technology
Development, Energy Efficiency and Renewable Energy.
Decision and Order
In the Matter of: Daikin AC (Americas) Inc. (Daikin) (Case No. CAC-
029).
Background
Title III, Part C of the Energy Policy and Conservation Act of 1975
(EPCA), Public Law 94-163 (42 U.S.C. 6311-6317, as codified)
established the Energy Conservation Program for Certain Industrial
Equipment, a program covering certain industrial equipment, which
includes the VRV III-PB variable refrigerant flow (VRF) commercial
multi-split heat pumps (``VRV III-PB multi-split heat pumps'') that are
the focus of this notice.\1\ Part C specifically includes definitions
(42 U.S.C. 6311), test procedures (42 U.S.C. 6314), labeling provisions
(42 U.S.C. 6315), energy conservation standards (42 U.S.C 6313), and
the authority to require information and reports from manufacturers. 42
U.S.C. 6316. With respect to test procedures, Part C authorizes the
Secretary of Energy (the Secretary) to prescribe test procedures that
are reasonably designed to produce results that measure energy
efficiency, energy use, and estimated annual operating costs, and that
are not unduly burdensome to conduct. (42 U.S.C. 6314(a)(2))
---------------------------------------------------------------------------
\1\ For editorial reasons, upon codification in the U.S. Code,
Part C was re-designated Part A-1.
---------------------------------------------------------------------------
For commercial package air-conditioning and heating equipment, EPCA
provides that ``the test procedures shall be those generally accepted
industry testing procedures or rating procedures developed or
recognized by the Air-Conditioning and Refrigeration Institute [ARI] or
by the American Society of Heating, Refrigerating and Air-Conditioning
Engineers [ASHRAE], as referenced in ASHRAE/IES Standard 90.1 and in
effect on June 30, 1992.'' (42 U.S.C. 6314(a)(4)(A)) Under 42 U.S.C.
6314(a)(4)(B), the statute further directs the Secretary to amend the
test procedure for a covered commercial product if the industry test
procedure is amended, unless the Secretary determines, by rule and
based on clear and convincing evidence, that such a modified test
procedure does not meet the statutory criteria set forth in 42 U.S.C.
6314(a)(2) and (3).
[[Page 34686]]
On December 8, 2006, DOE published a final rule adopting test
procedures for commercial package air-conditioning and heating
equipment, effective January 8, 2007. 71 FR 71340. For commercial air-
source heat pumps, DOE adopted ARI Standard 340/360-2004. Table 1 to
Title 10 of the Code of Federal Regulations (10 CFR) 431.96 directs
manufacturers of commercial package air conditioning and heating
equipment to use the appropriate procedure when measuring energy
efficiency of those products. The cooling capacities of Daikin's VRV
III-PB multi-split heat pumps in its waiver petition range from 72,000
Btu/h to 360,000 Btu/h. The current test procedure for this equipment
is ARI Standard 340/360-2004, which includes units with capacities
greater than 65,000 Btu/hour.
DOE's regulations for covered products permit a person to seek a
waiver from the test procedure requirements for covered commercial
equipment if at least one of the following conditions is met: (1) The
petitioner's basic model contains one or more design characteristics
that prevent testing according to the prescribed test procedures; or
(2) the prescribed test procedures may evaluate the basic model in a
manner so unrepresentative of its true energy consumption as to provide
materially inaccurate comparative data. 10 CFR 431.401(a)(1).
Petitioners must include in their petition any alternate test
procedures known to the petitioner to evaluate the basic model in a
manner representative of its energy consumption. 10 CFR
431.401(b)(1)(iii). The Assistant Secretary for Energy Efficiency and
Renewable Energy (Assistant Secretary) may grant a waiver subject to
conditions, including adherence to alternate test procedures. 10 CFR
431.401(f)(4). Waivers remain in effect pursuant to the provisions of
10 CFR 431.401(g).
The waiver process also permits parties submitting a petition for
waiver to file an application for interim waiver of the applicable test
procedure requirements. 10 CFR 431.401(a)(2). The Assistant Secretary
will grant an interim waiver request if it is determined that the
applicant will experience economic hardship if the application for
interim waiver is denied, if it appears likely that the petition for
waiver will be granted, and/or the Assistant Secretary determines that
it would be desirable for public policy reasons to grant immediate
relief pending a determination on the petition for waiver. 10 CFR
431.401(e)(3). An interim waiver remains in effect for 180 days or
until DOE issues its determination on the petition for waiver,
whichever occurs first. It may be extended by DOE for an additional 180
days. 10 CFR 431.401(e)(4).
On November 22, 2010, Daikin filed a petition for waiver from the
test procedure at 10 CFR 431.96 applicable to commercial package air
source central air conditioners and heat pumps, as well as an
application for interim waiver. The capacities of Daikin's VRV III-PB
multi-split heat pumps range from 72,000 Btu/h to 360,000 Btu/h. The
applicable test procedure for commercial air-source heat pumps is ARI
340/360-2004. Manufacturers are directed to use these test procedures
pursuant to Table 1 of 10 CFR 431.96.
Daikin seeks a waiver from the applicable test procedures under 10
CFR 431.96 on the grounds that its VRV III-PB multi-split heat pumps
contain design characteristics that prevent testing according to the
current DOE test procedures. Specifically, Daikin asserts that the two
primary factors that prevent testing of its multi-split variable speed
products are the same factors stated in the waivers that DOE granted to
Mitsubishi Electric & Electronics USA, Inc. (Mitsubishi) and other
manufacturers for similar lines of commercial multi-split air-
conditioning systems:
Testing laboratories cannot test products with so many
indoor units; and
There are too many possible combinations of indoor and
outdoor units to test. See, e.g., 72 FR 17528 (April 9, 2007)
(Mitsubishi); 76 FR 19069 (April 6, 2011) (Daikin); 76 FR 19078 (April
6, 2011) (Mitsubishi).
On April 6, 2011, DOE published Daikin's petition for waiver in the
Federal Register, seeking public comment pursuant to 10 CFR
431.401(b)(1)(iv), and granted the application for interim waiver. 76
FR 19069. DOE received no comments on the Daikin petition.
Assertions and Determinations
Daikin's Petition for Waiver
Daikin seeks a waiver from the DOE test procedures for this product
class on the grounds that its VRV III-PB variable refrigerant flow
(VRF) multi-split commercial heat pumps contain design characteristics
that prevent them from being tested using the current DOE test
procedures. As stated above, Daikin asserts that the two primary
factors that prevent testing of multi-split variable speed products are
the same factors stated in the waivers that DOE granted to Mitsubishi,
Fujitsu General Ltd. (Fujitsu), Samsung Air Conditioning (Samsung),
Sanyo, and LG for similar lines of commercial multi-split air-
conditioning systems: (1) Testing laboratories cannot test products
with so many indoor units; and (2) there are too many possible
combinations of indoor and outdoor unit to test.
The VRV III-PB multi-split heat pump system consists of multiple
indoor units connected to an air-cooled outdoor unit. The indoor units
for this equipment are available in a very large number of potential
configurations, including: 4-Way Cassette, Wall Mounted, Ceiling
Suspended, Floor Standing, Ceiling Concealed, and Multi Position AHU.
There are over one million combinations possible with the current
Daikin VRV III-PB product offerings. It is impractical for testing
laboratories to test this equipment because of the number of potential
system configurations. Consequently, Daikin requested that DOE grant a
waiver from the applicable test procedure for its VRV III-PB multi-
split heat pump equipment designs until a suitable test method can be
prescribed.
In responses to two petitions for waiver from Mitsubishi, DOE
specified an alternate test procedure to provide a basis upon which
Mitsubishi could test and make valid energy efficiency representations
for its R410A CITY MULTI equipment, as well as for its R22 multi-split
equipment. Alternate test procedures related to the Mitsubishi
petitions were published in the Federal Register on April 9, 2007. See
72 FR 17528 and 72 FR 17533. The Daikin VRV III-PB systems have
operational characteristics similar to the commercial multi-split
products manufactured by Mitsubishi, Samsung, Fujitsu, LG, and Sanyo.
DOE has granted waivers for these products with a similar alternate
test procedure prescribed for Mitsubishi. For reasons similar to those
published in these prior notices, DOE believes that an alternate test
procedure is appropriate in this instance.
After DOE granted a waiver for Mitsubishi's R22 multi-split
products, ARI formed a committee to discuss testing issues and to
develop a testing protocol for variable refrigerant flow systems. The
committee has developed a test procedure which has been adopted by the
American National Standards Institute (AHRI)-``American National
Standards Institute (ANSI)/AHRI 1230-2010: Performance Rating of
Variable Refrigerant Flow (VRF) Multi-Split Air-Conditioning and Heat
Pump Equipment.'' This test procedure has been incorporated into ASHRAE
90.1-2010. DOE is currently assessing AHRI 1230-2010 with respect to
the
[[Page 34687]]
requirements for test procedures specified by EPCA (42 U.S.C.
6314(a)(4)(B)), and will provide a preliminary determination regarding
those test procedures in a future notice of proposed rulemaking.
Daikin's petition proposed that DOE apply ANSI/AHRI Standard 1230-
2010 as the alternate test procedure to apply to its VRV III-PB multi-
split heat pump equipment as a condition of its requested waiver. As
stated above, no comments were received by DOE regarding the Daikin
petition. The alternate test procedure in the commercial multi-split
waivers that DOE granted to Mitsubishi and the other manufacturers
listed above is similar to ANSI/AHRI 1230-2010, except that it covers
equipment with cooling capacities greater than 300,000 Btu/hr while
ANSI/AHRI 1230-2010 covers equipment with cooling capacities only equal
to or less than 300,000 Btu/hr.
DOE issues today's Decision and Order granting Daikin a test
procedure waiver for its commercial VRV III-PB multi-split heat pumps.
As a condition of this waiver, Daikin must use the alternate test
procedure specified by DOE. For the listed Daikin VRV III-PB models
with cooling capacities less than or equal to 300,000 Btu/hr, DOE must
use ANSI/AHRI 1230-2010 as the alternate procedure. For the listed
Daikin VRV III-PB models with cooling capacities greater than 300,000
Btu/h, Daikin must use the alternate test procedure prescribed in its
interim waiver, except that for consistency with the testing required
by ANSI/AHRI 1230-2010, tests of both ducted and non-ducted indoor
units must now be conducted. This alternate test procedure is
essentially the same as ANSI/AHRI 1230-2010. The upper limit of the
scope of ANSI/AHRI 1230-2010 was set for historical rather than
technical reasons.
Alternate Test Procedure
The alternate test procedure prescribed by DOE in earlier multi-
split waivers, including the interim waiver granted to Daikin in
response to the current petition, consisted of a definition of a
``tested combination'' and a prescription for representations. ANSI/
AHRI 1230-2010 also includes a definition of ``tested combination,''
and the two definitions are identical in all relevant respects.
The earlier alternate test procedure provides for efficiency rating
of a non-tested combination in one of two ways: (1) At an energy
efficiency level determined using a DOE-approved alternative rating
method; or (2) at the efficiency level of the tested combination
utilizing the same outdoor unit. ANSI/AHRI 1230-2010 requires an
additional test and in this respect is similar to the residential test
procedure set forth in 10 CFR part 430, subpart B, appendix M. Multi-
split manufacturers must test two or more combinations of indoor units
with each outdoor unit. The first system combination is tested using
only non-ducted indoor units that meet the definition of a tested
combination. The rating given to any untested multi-split system
combination having the same outdoor unit and all non-ducted indoor
units is set equal to the rating of the tested system having all non-
ducted indoor units. The second system combination is tested using only
ducted indoor units that meet the definition of a tested combination.
The rating given to any untested multi-split system combination having
the same outdoor unit and all ducted indoor units is set equal to the
rating of the tested system having all ducted indoor units. The rating
given to any untested multi-split system combination having the same
outdoor unit and a mix of non-ducted and ducted indoor units is set
equal to the average of the ratings for the two required tested
combinations.
With regard to the laboratory testing of commercial products, some
of the difficulties associated with the existing test procedure are
avoided by the alternate test procedure's requirements for choosing the
indoor units to be used in the manufacturer-specified tested
combination. For example, in addition to limiting the number of indoor
units, another requirement is that all the indoor units must be
subjected the same minimum external static pressure. This requirement
enables the test lab to manifold the outlets from each indoor unit into
a common plenum that supplies air to a single airflow measuring
apparatus. This eliminates situations in which some of the indoor units
are ducted and some are non-ducted. Without this requirement, the
laboratory must evaluate the capacity of a subgroup of indoor coils
separately and then sum the separate capacities to obtain the overall
system capacity. Measuring capacity in this way would require that the
test laboratory be equipped with multiple airflow measuring
apparatuses. It is unlikely that any test laboratory would be equipped
with the necessary number of such apparatuses. Alternatively, the test
laboratory could connect its one airflow measuring apparatus to one or
more common indoor units until the contribution of each indoor unit had
been measured. However, that approach would be so time-consuming as to
be impractical.
For the reasons discussed above, DOE believes Daikin's VRV III-PB
multi-split heat pumps cannot be tested using the procedure prescribed
in 10 CFR 431.96 (ARI Standard 340/360-2004) and incorporated by
reference in DOE's regulations at 10 CFR 431.95(b)(2)-(3). After
careful consideration, DOE has decided to prescribe ANSI/AHRI 1230-2010
as the alternate test procedure for Daikin's commercial multi-split
products with cooling capacities less than or equal to 300,000 Btu/hr
and the alternate test procedure specified in Daikin's interim waiver
for its commercial multi-split products with cooling capacities greater
than 300,000 Btu/hr, except that for consistency with the testing
required by ANSI/AHRI 1230-2010, tests of both ducted and non-ducted
indoor units must now be conducted.
Consultations With Other Agencies
DOE consulted with the Federal Trade Commission (FTC) staff
concerning the Daikin petition for waiver. The FTC staff did not have
any objections to issuing a waiver to Daikin.
Conclusion
After careful consideration of all the materials submitted by
Daikin, the absence of any comments, and consultation with the FTC
staff, it is ordered that:
(1) The petition for waiver filed by Daikin (Case No. CAC-029) is
hereby granted as set forth in the paragraphs below.
(2) Daikin shall not be required to test or rate its VRV III-PB
multi-split heat pump models listed below on the basis of the test
procedures cited in 10 CFR 431.96, specifically ARI Standard 340/360-
2004 (incorporated by reference in 10 CFR 431.95(b)(2-3)). Instead, it
shall be required to test and rate such products according to the
alternate test procedure as set forth in paragraph (3).
VRV III-PB multi-split heat pump series outdoor units:
460V/3-phase/60Hz Models:
[cir] Heat Pump models RXYQ72PBYD, RXYQ96PBYD, RXYQ120PBYD,
RXYQ144PBYD, RXYQ168PBYD, RXYQ192PBYD, RXYQ216PBYD, RXYQ240PBYD,
RXYQ264PBYD, RXYQ288PBYD, RXYQ312PBYD, RXYQ336PBYD, RXYQ360PBYD with
nominal cooling capacities of 72,000, 96,000, 120,000, 144,000,
168,000, 192,000, 216,000, 240,000, 264,000, 288,000, 312,000, 336,000
and 360,000 Btu/hr respectively.
[cir] Heat Recovery models REYQ72PBYD, REYQ96PBYD, REYQ120PBYD,
REYQ144PBYD (2x REMQ72PBYD), REYQ168PBYD (1x
[[Page 34688]]
REMQ96PBYD + 1x REMQ72PBYD), REYQ192PBYD (2x REMQ96PBYD), REYQ216PBYD
(1x REMQ120PBYD + 1x REMQ96PBYD), REYQ240PBYD (2x REMQ120PBYD),
REYQ264PBYD (1x REMQ72PBYD + 2x REMQ96PBYD), REYQ288PBYD (1x
REMQ120PBYD + 1x REMQ96PBYD + 1x REMQ72PBYD), REYQ312PBYD (2x
REMQ96PBYD + 1x REMQ120PBYD), REYQ336PBYD (2x REMQ120PBYD + 1x
REMQ96PBYD), with nominal cooling capacities of 72,000, 96,000,
120,000, 144,000, 168,000, 192,000, 216,000, 240,000, 264,000, 288,000,
312,000 and 336,000 Btu/hr respectively.
208-230V/3-phase/60Hz Models:
[cir] Heat Pump models RXYQ72PBTJ, RXYQ96PBTJ, RXYQ120PBTJ,
RXYQ144PBTJ, RXYQ168PBTJ, RXYQ192PBTJ, RXYQ216PBTJ, RXYQ240PBTJ,
RXYQ264PBTJ, RXYQ288PBTJ, RXYQ312PBTJ, RXYQ336PBTJ, RXYQ360PBTJ with
nominal cooling capacities of 72,000, 96,000, 120,000, 144,000,
168,000, 192,000, 216,000, 240,000, 264,000, 288,000, 312,000, 336,000
and 360,000 Btu/hr respectively.
[cir] Heat Recovery models REYQ72PBTJ, REYQ96PBTJ, REYQ120PBTJ,
REYQ144PBTJ, REYQ168PBTJ (1x REMQ96PBTJ + 1x REMQ72PBTJ), REYQ192PBTJ
(2x REMQ96PBTJ), REYQ216PBTJ (1x REMQ120PBTJ + 1x REMQ96PBTJ),
REYQ240PBTJ (2x REMQ120PBTJ), REYQ264PBTJ (1x REMQ72PBTJ + 2x
REMQ96PBTJ), REYQ288PBTJ (1x REMQ120PBTJ + 1x REMQ96PBTJ + 1x
REMQ72PBTJ), REYQ312PBTJ (2x REMQ96PBTJ + 1x REMQ120PBTJ), REYQ336PBTJ
(2x REMQ120PBTJ + 1x REMQ96PBTJ), with nominal cooling capacities of
72,000, 96,000, 120,000, 144,000, 168,000, 192,000, 216,000, 240,000,
264,000, 288,000, 312,000 and 336,000 Btu/hr respectively.
Compatible indoor units for above listed outdoor units:
[cir] FXAQ Series all mounted indoor units with nominal capacities
of 7,500, 9,500, 12,000, 18,000 and 24,000 Btu/hr.
[cir] FXLQ Series floor mounted indoor units with nominal
capacities of 12,000, 18,000 and 24,000 Btu/hr.
[cir] FXNQ Series concealed floor mounted indoor units with nominal
capacities of 12,000, 18,000 and 24,000 Btu/hr.
[cir] FXDQ Series low static ducted indoor units with nominal
capacities of 7,500, 9,500, 12,000, 18,000 and 24,000 Btu/hr.
[cir] FXSQ Series medium static ducted indoor units with nominal
capacities of 7,500, 9,500, 12,000, 18,000, 24,000, 30,000, 36,000,
48,000 Btu/hr.
[cir] FXMQ Series medium/high static ducted indoor units with
nominal capacities of 7,500, 9,500, 12,000, 18,000, 24,000, 30,000,
36,000, 48,000, 72,000 and 96,000 Btu/hr.
[cir] FXZQ Series recessed cassette indoor units with nominal
capacities of 7,500, 9,500, 12,000 and 18,000 Btu/hr.
[cir] FXFQ Series recessed cassette indoor units with nominal
capacities of 9,500, 12,000, 18,000, 24,000, 30,000, 36,000 and 48,000
Btu/hr.
[cir] FXHQ Series ceiling suspended indoor units with nominal
capacities of 12,000, 24,000 and 36,000 Btu/hr.
[cir] FXTQ Series ceiling suspended indoor units with nominal
capacities of 12,000, 18,000, 24,000, 30,000, 36,000, 42,000, 48,000
and 54,000 Btu/hr.
[cir] FXMQ-MF Series concealed ducted indoor units with nominal
capacities of 48,000, 72,000, and 96,000 Btu/hr.
(3) Alternate test procedure.
(A) Daikin is not required to test the products with cooling
capacities of 300,000 Btu/h and below listed in paragraph (2) above
according to the test procedure for commercial package air conditioners
and heat pumps prescribed by DOE at 10 CFR 431.96 (ARI Standard 340/
360-2004 (incorporated by reference in 10 CFR 431.95(b)(2)-(3)), but
instead shall use the alternate test procedure ANSI/AHRI 1230-2010.
(B) Daikin shall be required to test the equipment listed in
paragraph (2) above with cooling capacities above 300,000 Btu/h
according to the test procedures for central air conditioners and heat
pumps prescribed by DOE at 10 CFR 431.96, except that Daikin shall test
each model of outdoor unit with two or more combinations of indoor
units. The first system combination shall be tested using only non-
ducted indoor units that meet the definition of a tested combination as
set forth in paragraph C. The second system combination shall be tested
using only ducted indoor units that meet the definition of a tested
combination as set forth in paragraph C. Daikin shall make
representations concerning the VRV III-PB multi-split heat pump
equipment covered in this waiver according to the provisions of
subparagraph (D).
(C) Tested combination. The term tested combination means a sample
basic model comprised of units that are production units, or are
representative of production units, of the basic model being tested.
For the purposes of this waiver, the tested combination shall have the
following features:
(1) The basic model of a variable refrigerant flow system used as a
tested combination shall consist of one outdoor unit, with one or more
compressors, that is matched with between two and five indoor units.
(For systems with nominal cooling capacities greater than 150,000 Btu/
h, as many as eight indoor units may be used, so as to be able to test
non-ducted indoor unit combinations). For multi-split systems, each of
these indoor units shall be designed for individual operation.
(2) The indoor units shall--
(i) Represent the highest sales model family or another indoor
model family if the highest sales model family does not provide
sufficient capacity (see ii);
(ii) Together, have a nominal cooling capacity that is between 95%
and 105% of the nominal cooling capacity of the outdoor unit;
(iii) Not, individually, have a nominal cooling capacity that is
greater than 50% of the nominal cooling capacity of the outdoor unit;
(iv) Operate at fan speeds that are consistent with the
manufacturer's specifications; and
(v) Be subject to the same minimum external static pressure
requirement while being configurable to produce the same static
pressure at the exit of each outlet plenum when manifolded as per
section 2.4.1 of 10 CFR Part 430, subpart B, appendix M.
(D) Representations. In making representations about the energy
efficiency of its VRV III-PB multi-split products, for compliance,
marketing, or other purposes, Daikin must fairly disclose the results
of testing under the DOE test procedure in a manner consistent with the
provisions outlined below:
(i) For VRV III-PB multi-split combinations tested in accordance
with this alternate test procedure, Daikin may make representations
based on those test results.
(ii) For VRV III-PB multi-split combinations that are not tested,
Daikin may make representations based on the testing results for the
tested combination and that are consistent with one of the following
methods:
(a) Rating of non-tested combinations according to an alternative
rating method approved by DOE; or
(b) Rating of non-tested combinations having the same outdoor unit
and all non-ducted indoor units shall be set equal to the rating of the
tested system having all non-ducted indoor units.
(c) Rating of non-tested combinations having the same outdoor unit
and all ducted indoor units shall be set equal to the rating of the
tested system having all ducted indoor units. To be considered a ducted
unit, the indoor unit must be intended to be connected with ductwork
and have a rated external static pressure capability greater than zero
(0).
[[Page 34689]]
(d) Rating of non-tested combinations having the same outdoor unit
and a mix of non-ducted and ducted indoor units shall be set equal to
the average of the ratings for the two required tested combinations.
(4) This waiver shall remain in effect from the date this Decision
and Order is issued, consistent with the provisions of 10 CFR
431.401(g).
(5) This waiver is issued on the condition that the statements,
representations, and documentary materials provided by the petitioner
are valid. DOE may revoke or modify the waiver at any time if it
determines that 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.
(6) This waiver applies only to those basic models set out in
Daikin's petition for waiver. Grant of this waiver does not release a
petitioner from the certification requirements set forth at 10 CFR part
429.
Issued in Washington, DC on June 7, 2011.
Kathleen B. Hogan,
Deputy Assistant Secretary, Office of Technology Development, Energy
Efficiency and Renewable Energy.
[FR Doc. 2011-14654 Filed 6-13-11; 8:45 am]
BILLING CODE 6450-01-P
