Decision and Order Amending Waivers Granted to Mitsubishi Electric & Electronics USA, Inc. From the Department of Energy Commercial Package Air Conditioner and Heat Pump Test Procedures, 65710-65713 [2011-27431]
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Federal Register / Vol. 76, No. 205 / Monday, October 24, 2011 / Notices
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ARNU183CFU2, and ARNU243CFU2, with
nominally rated capacities of 7,500, 9,600,
12,300, 15,400, 19,100, and 24,200 Btu/h,
respectively.
Vertical Air Handler: ARNU183NJA2,
ARNU243NJA2, ARNU303NJA2,
ARNU363NJA2, ARNU423NKA2,
ARNU483NKA2, and ARNU543NKA2, with
nominally rated capacities of 18,000, 24,000,
30,000, 36,000, 42,100, 48,000 and 54,000
Btu/h, respectively.
(3) Alternate test procedure.
(A) LG shall be required to test the
equipment with cooling capacities of
300,000 Btu/h and below listed in
paragraph (2) above according to the test
procedure prescribed in ANSI/AHRI
1230–2010.
(B) LG 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 commercial central air conditioners
and heat pumps prescribed by DOE at
10 CFR 431.96, except that LG 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.
LG shall make representations
concerning the Multi V SYNC II and
Multi V Water II VRF 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%
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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 Multi V SYNC II and
Multi V Water II VRF multi-split
commercial heat pumps, for
compliance, marketing, or other
purposes, LG must fairly disclose the
results of testing under the DOE test
procedure in a manner consistent with
the provisions outlined below:
(i) For Multi V SYNC II and Multi V
Water II VRF multi-split combinations
tested in accordance with this alternate
test procedure, LG may make
representations based on those test
results.
(ii) For Multi V SYNC II and Multi V
Water II VRF multi-split combinations
that are not tested, LG 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.
(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).
(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
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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 LG’s petition for
waiver.
(7) 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 October 18,
2011.
Kathleen B. Hogan,
Deputy Assistant Secretary, Energy Efficiency
and Renewable Energy.
[FR Doc. 2011–27409 Filed 10–21–11; 8:45 am]
BILLING CODE 6450–01–P
DEPARTMENT OF ENERGY
Office of Energy Efficiency and
Renewable Energy
[Case No. CAC–037]
Decision and Order Amending Waivers
Granted to Mitsubishi Electric &
Electronics USA, Inc. 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–037, which
amends the current waivers applicable
to Mitsubishi’s S&L Class and WR2 and
WY Series products to require the use
of Air-conditioning, Heating and
Refrigeration Institute 1230 (AHRI) as
the alternative test procedure.
DATES: This Decision and Order is
effective October 24, 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:
mailto:Elizabeth.Kohl@hq.doe.gov.
SUMMARY:
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DOE
issues notice of this Decision and Order
in accordance with Title 10 of the Code
of Federal Regulations (10 CFR)
431.401(f)(4). In this Decision and
Order, DOE amends the current waivers
applicable to Mitsubishi’s S&L Class
and WR2 and WY Series products to
require the use of AHRI 1230 as the
alternative test procedure. Amendment
is appropriate in this specific
circumstance because DOE has recently
issued waivers to other manufacturers
using AHRI 1230 as the alternate test
procedure for the same types of
equipment, and AHRI 1230 is very
similar to the alternate test procedure
previously prescribed to Mitsubishi, but
will provide a more conservative
estimate of the energy consumed by this
equipment. The waiver requires
Mitsubishi use AHRI 1230 to test and
rate specified models from its CITY
MULTI WR2 and WY Series and CITY
MULTI S&L Class multi-split equipment
line.
Today’s decision requires Mitsubishi
to make representations concerning the
energy efficiency of this equipment
consistent with the provisions and
restrictions of the alternate test
procedure in the Decision and Order
below, and the representations must
fairly disclose the test results. (42 U.S.C.
6314(d)) The same standard applies to
distributors, retailers, and private
labelers when making representations of
the energy efficiency of this equipment.
Id.
SUPPLEMENTARY INFORMATION:
Issued in Washington, DC, on October 18,
2011.
Kathleen B. Hogan,
Deputy Assistant Secretary for Energy
Efficiency, Energy Efficiency and Renewable
Energy.
tkelley on DSK3SPTVN1PROD with NOTICES
Decision and Order
In the Matter of: Mitsubishi Electric &
Electronics USA, Inc. (Mitsubishi) (Case
No. CAC–037).
Background
Title III, Part C of the Energy Policy
and Conservation Act of 1975 (EPCA),
Pub. L. 94–163 (42 U.S.C. 6311–6317),
established the Energy Conservation
Program for certain industrial
equipment, which includes commercial
air conditioning equipment, the focus of
this decision and order.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
1 For editorial reasons, upon codification in the
U.S. Code, Part C was re-designated Part A–1.
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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), if the industry test
procedure for commercial package airconditioning and heating equipment is
amended, EPCA directs the Secretary to
amend the corresponding DOE test
procedure unless the Secretary
determines, by rule and based on clear
and convincing evidence, that such a
modified test procedure does not meet
the statutory criteria set forth in 42
U.S.C. 6314(a)(2) and (3).
On December 8, 2006, DOE published
a final rule adopting test procedures for
commercial package air-conditioning
and heating equipment, effective
January 8, 2007. 71 FR 71340. Table 1
to Title 10 of the Code of Federal
Regulations (10 CFR) 431.96 directs
manufacturers of commercial package
air conditioning and heating equipment
to use the appropriate procedure when
measuring energy efficiency of this
equipment. For small commercial
packaged water-source heat pumps with
capacities less than 135,000 Btu/h, ISO
Standard 13256–1 (1998) is the
applicable test procedure. For
commercial package air-source
equipment with capacities between
65,000 and 760,000 Btu/h, ARI Standard
340/360–2004 is the applicable test
procedure.
DOE’s regulations for covered
products and equipment 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
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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
according to the provisions of 10 CFR
431.401(g).
On December 15, 2009, DOE granted
Mitsubishi waivers from the DOE
commercial air conditioner and heat
pump test procedures for Mitsubishi’s
CITY MULTI WR2 and WY Series
equipment and its CITY MULTI S&L
Class equipment. 74 FR 66311; 74 FR
66315. On July 11, 2011, DOE granted
Mitsubishi a waiver for additional
indoor units. 76 FR 40714. On August
11, 2011, Mitsubishi requested that DOE
amend its orders granting test procedure
waivers for these products to allow
Mitsubishi to test and rate its WR2 and
WY Series products, and those S&L
Class systems that have capacities less
than or equal to 300,000 Btu/h,
according to the American National
Standards Institute (ANSI)/Airconditioning, Heating and Refrigeration
Institute (AHRI) Standard 1230–2010:
Performance Rating of Variable
Refrigerant Flow (VRF) Multi-Split AirConditioning and Heat Pump
Equipment (AHRI 1230). Mitsubishi also
requested that DOE amend the
definition of ‘‘tested combination’’ in
the current alternate test procedure to
allow for the use of up to 12 indoor
units in the configuration of a basic
model. The alternate test procedure
Mitsubishi is currently permitted to use
specifies a maximum of eight indoor
units for testing.
Assertions and Determinations
Mitsubishi’s Petition for Waiver
Amendment
Mitsubishi’s S&L Class and WR2 and
WY Series products are part of
Mitsubishi’s CITY MULTI Variable
Refrigerant Flow (VRF) line of multisplit central air conditioners and heat
pumps. As explained in Mitsubishi’s
waivers for the WR2 and WY Series and
the S&L Class products, these systems
cannot be tested according to the
prescribed test procedures for
commercial products. Specifically, they
contain one or more design
characteristic that prevents testing
according to the test procedures.
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According to DOE’s grant of the
December 2009 and July 2011 waivers,
Mitsubishi is not required to test or rate
the products listed in the waivers based
on the current DOE test procedure.
Instead, Mitsubishi is required to test
and rate these products according to the
alternate test procedure set forth in the
waivers.
The alternate test procedure
prescribed in the December 2009 and
July 2011 waivers was first prescribed in
2007, in response to two other petitions
for waiver from Mitsubishi. DOE
specified alternate test procedures for
representing the energy efficiency of
Mitsubishi’s R410A and R22 CITY
MULTI multi-split products. The
alternate test procedure was published
on April 9, 2007. 72 FR 17528, 72 FR
17533. Since then, DOE has prescribed
the same alternate test procedure for
other manufacturers of multi-split
products.
After DOE granted a waiver to
Mitsubishi’s CITY MULTI products, the
Air-Conditioning and Refrigeration
Institute (ARI) (now AHRI) formed a
committee to develop a general testing
protocol for VRF systems. The
committee developed AHRI 1230, which
has been incorporated into ASHRAE
90.1–2010. AHRI 1230 establishes a test
procedure for VRF multi-split air
conditioners and heat pumps. The test
procedure covers matched VRF systems
with cooling and heating capacities for
outdoor units between 12,000 Btu/h and
300,000 Btu/h. DOE is assessing AHRI
1230 with respect to the requirements
EPCA specifies for test procedures, and
will make a preliminary determination
regarding AHRI 1230 in a future
rulemaking.
AHRI 1230 is very similar to the
alternate test procedure in the
commercial multi-split waivers that
DOE previously granted to Mitsubishi
and other manufacturers, but contains
minor differences in the definition of
tested combination, the testing of
ducted versus non-ducted indoor units,
and the line lengths. These differences
are discussed below.
First, the definition of ‘‘tested
combination’’ in AHRI 1230 and the
alternate test procedure prescribed by
DOE in the earlier multi-split waivers
are identical in all relevant respects,
except that AHRI 1230 allows the use of
up to 12 indoor units, as opposed to
eight in the earlier alternate test
procedure.
Second, ANSI/AHRI 1230–2010
requires an additional test. 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
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using a DOE-approved alternative rating
method; or (2) at the efficiency level of
the tested combination utilizing the
same outdoor unit. In AHRI 1230,
similar to the residential test procedure
set forth in 10 CFR part 430, subpart B,
appendix M, multi-split manufacturers
must also 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.
Third, the alternate test procedure
and AHRI 1230 require the use of
different line lengths for the cooling
refrigerant line when performing
efficiency testing. AHRI 1230 requires
longer line lengths depending on the
type and capacity of the connected
indoor units.
As DOE continues to evaluate AHRI
1230, DOE has granted manufacturers’
request to use AHRI 1230 as the
alternate test procedure for testing and
rating their commercial multi-split
products subject to a waiver of DOE’s
test procedures. DOE prescribed AHRI
1230 as the alternate test procedure for
those Daikin AC (Americas) Inc.
(‘‘Daikin’’) commercial multi-split
products that have cooling capacities
less than or equal to 300,000 Btu/h, and
for Carrier Corporation’s (‘‘Carrier’’)
commercial multi-split products. 76 FR
34685 (June 14, 2011); 76 FR 31951
(June 2, 2011).
Consistent with the requests of these
other manufacturers, Mitsubishi
requested that DOE permit it to use
AHRI 1230 as the alternate test
procedure to test and rate its WR2 and
WY Series units and those S&L Class
systems that have capacities less than or
equal to 300,000 Btu/h. AHRI 1230
covers multi-split products with cooling
and heating capacities for outdoor units
from 12,000 Btu/h to 300,000 Btu/h. The
outdoor units of Mitsubishi’s WR2 and
WY Series products fall within that
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range. Thus, similar to DOE’s decision
in the Daikin and Carrier waivers,
Mitsubishi requested that DOE prescribe
AHRI 1230 as the alternate test
procedure for Mitsubishi’s WR2 and WY
Series products.
Mitsubishi’s S&L Class product line
includes outdoor units with individual
capacities from 65,000 to 144,000 Btu/
h, which can be combined into systems
with capacities from 130,000 to 480,000
Btu/h. Although the individual
capacities of these outdoor units fall
within AHRI 1230’s capacity range,
some of the combinations of outdoor
units have capacities that are greater
than the capacity range for AHRI 1230.
Thus, similar to DOE’s decision in the
Daikin waiver, Mitsubishi requested
that DOE prescribe AHRI 1230 as the
alternate test procedure for those S&L
Class products that have capacities less
than or equal to 300,000 Btu/h. For
those S&L Class system that have
capacities greater than 300,000 Btu/h,
Mitsubishi will continue to use the
alternate test procedure specified in the
S&L Class waiver.
DOE has determined that use of AHRI
1230 is appropriate for Mitsubishi’s
WR2 and WY Series products and its
S&L Class products for the reasons set
forth below.
As discussed above, AHRI 1230
requires longer line lengths for the
cooling refrigerant line during testing,
depending on the type and capacity of
the connected indoor units. This
difference affects the resulting energy
efficiency determination. Testing
according to AHRI 1230’s requirements
provides a more conservative estimate
of energy consumption because it
results in a slightly lower efficiency
rating than testing according to the
alternate test procedure.
In addition, the definition of ‘‘tested
combination’’ in AHRI 1230 is more
appropriate for these Mitsubishi
products than the definition in the
current alternate test procedure. As
defined in the current alternate test
procedures for Mitsubishi’s products,
the ‘‘tested combination’’ of a VRF
system is defined as one outdoor unit
matched with between two and eight
indoor units. The indoor units must
represent the highest sales model
family, and, together, must have a
nominal cooling capacity that is
between 95% and 105% of the nominal
cooling capacity of the outdoor unit.
Due to the relative size of some of
Mitsubishi’s outdoor units and indoor
units, permitting the matching of up to
only eight indoor units may not be
sufficient to comply with the
requirement that the indoor units must
have a combined capacity that is
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between 95% and 105% of the nominal
cooling capacity of the outdoor unit.
AHRI 1230, as revised in March 2011,
permits the use of up to twelve indoor
units. For consistency purposes, DOE
also agrees with Mitsubishi’s request
that DOE amend the definition of
‘‘tested combination’’ in the current
alternate test procedure to make it
identical to the definition in AHRI 1230
for those units with capacities greater
than 300,000 Btu/h that are outside the
scope of AHRI 1230.
For the reasons discussed above, and
because DOE’s prescribed AHRI 1230 as
the alternate test procedure in waivers
granted to Carrier and Daikin, DOE
determined that allowing Mitsubishi to
use AHRI 1230 instead of the alternate
test procedure provided in the WR2 and
WY Series Waiver and the S&L Class
Waiver is in the public interest.
tkelley on DSK3SPTVN1PROD with NOTICES
Conclusion
After careful consideration of all the
materials submitted by Mitsubishi, it is
ordered that:
(A)(1) Mitsubishi is not required to
test the following equipment with
cooling capacities of 300,000 Btu/h and
below 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 as the alternate test procedure
ANSI/AHRI 1230–2010:
(a) Equipment listed in the WR2 and
WY Series waiver granted December 15,
2009 (74 FR 66311);
(b) Equipment listed in the S&L Class
waiver granted December 15, 2009 (74
FR 66315); and
(c) Basic models of CITY MULTI WR2
and WY Series and CITY MULTI S&L
Class equipment listed in the waiver
granted July 11, 2011 (76 FR 40714).
(2) Mitsubishi shall be required to test
the following equipment 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 Mitsubishi 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
subparagraph (B). The second system
combination shall be tested using only
ducted indoor units that meet the
definition of a tested combination as set
forth in subparagraph (B). Mitsubishi
shall make representations concerning
the products covered in this waiver
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according to the provisions of
subparagraph (C):
(a) Equipment listed in the WR2 and
WY Series waiver granted December 15,
2009 (74 FR 66311);
(b) Equipment listed in the S&L Class
waiver granted December 15, 2009 (74
FR 66315); and
(c) Basic models of CITY MULTI WR2
and WY Series and CITY MULTI S&L
Class equipment listed in the waiver
granted July 11, 2011 (76 FR 40714).
(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: The basic
model of a variable refrigerant flow
system (‘‘VRF system’’) used as a tested
combination shall consist of an outdoor
unit (an outdoor unit can include
multiple outdoor units that have been
manifolded into a single refrigeration
system, with a specific model number)
that is matched with between 2 and 12
indoor units; for multi-split systems,
each of these indoor units shall be
designed for individual operation.
(C) Representations. In making
representations about the energy
efficiency of its S&L Class and WR2 and
WY Series multi-split products, for
compliance, marketing, or other
purposes, Mitsubishi must fairly
disclose the results of testing under the
DOE test procedure in a manner
consistent with the provisions outlined
below:
(i) For multi-split combinations tested
in accordance with this alternate test
procedure, Mitsubishi may make
representations based on those test
results.
(ii) For multi-split combinations that
are not tested, Mitsubishi 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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65713
(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.
(D) This waiver amendment shall
remain in effect from the date this
Decision and Order is issued, consistent
with the provisions of 10 CFR
431.401(g).
Issued in Washington, DC, on October 18,
2011.
Kathleen B. Hogan,
Deputy Assistant Secretary for Energy
Efficiency, Energy Efficiency and Renewable
Energy.
[FR Doc. 2011–27431 Filed 10–21–11; 8:45 am]
BILLING CODE 6450–01–P
DEPARTMENT OF ENERGY
Federal Energy Regulatory
Commission
Combined Notice of Filings #1
Take notice that the Commission
received the following electric corporate
filings:
Docket Numbers: EC12–8–000.
Applicants: Plymouth Rock Energy,
LLC.
Description: Application for Approval
Under Section 203 of Plymouth Rock
Energy, LLC.
Filed Date: 10/13/2011.
Accession Number: 20111013–5161.
Comment Date: 5 p.m. Eastern Time
on Thursday, November 03, 2011.
Take notice that the Commission
received the following electric rate
filings:
Docket Numbers: ER10–1577–001.
Applicants: Dogwood Energy LLC.
Description: Notification of Change in
Status of Dogwood Energy LLC.
Filed Date: 10/13/2011.
Accession Number: 20111013–5124.
Comment Date: 5 p.m. Eastern Time
on Thursday, November 03, 2011.
Docket Numbers: ER11–4330–001.
Applicants: ISO New England Inc.,
Vermont Electric Cooperative, Inc.
Description: ISO New England Inc.
submits tariff filing per 35.17(b):
Supplemental Filing to Schedule 21–
VEC Revisions to be effective 4/1/2011.
Filed Date: 10/13/2011.
Accession Number: 20111013–5033.
Comment Date: 5 p.m. Eastern Time
on Thursday, November 03, 2011.
Docket Numbers: ER11–4673–002.
Applicants: Air Liquide Large
Industries U.S. LP.
Description: Air Liquide Large
Industries U.S. LP submits tariff filing
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]]>Agencies
[Federal Register Volume 76, Number 205 (Monday, October 24, 2011)]
[Notices]
[Pages 65710-65713]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-27431]
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DEPARTMENT OF ENERGY
Office of Energy Efficiency and Renewable Energy
[Case No. CAC-037]
Decision and Order Amending Waivers Granted to Mitsubishi
Electric & Electronics USA, 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.
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SUMMARY: This notice publishes the U.S. Department of Energy's (DOE)
Decision and Order in Case No. CAC-037, which amends the current
waivers applicable to Mitsubishi's S&L Class and WR2 and WY Series
products to require the use of Air-conditioning, Heating and
Refrigeration Institute 1230 (AHRI) as the alternative test procedure.
DATES: This Decision and Order is effective October 24, 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: mailto:Elizabeth.Kohl@hq.doe.gov.
[[Page 65711]]
SUPPLEMENTARY INFORMATION: DOE issues notice of this Decision and Order
in accordance with Title 10 of the Code of Federal Regulations (10 CFR)
431.401(f)(4). In this Decision and Order, DOE amends the current
waivers applicable to Mitsubishi's S&L Class and WR2 and WY Series
products to require the use of AHRI 1230 as the alternative test
procedure. Amendment is appropriate in this specific circumstance
because DOE has recently issued waivers to other manufacturers using
AHRI 1230 as the alternate test procedure for the same types of
equipment, and AHRI 1230 is very similar to the alternate test
procedure previously prescribed to Mitsubishi, but will provide a more
conservative estimate of the energy consumed by this equipment. The
waiver requires Mitsubishi use AHRI 1230 to test and rate specified
models from its CITY MULTI WR2 and WY Series and CITY MULTI S&L Class
multi-split equipment line.
Today's decision requires Mitsubishi to make representations
concerning the energy efficiency of this equipment consistent with the
provisions and restrictions of the alternate test procedure in the
Decision and Order below, and the representations must fairly disclose
the test results. (42 U.S.C. 6314(d)) The same standard applies to
distributors, retailers, and private labelers when making
representations of the energy efficiency of this equipment. Id.
Issued in Washington, DC, on October 18, 2011.
Kathleen B. Hogan,
Deputy Assistant Secretary for Energy Efficiency, Energy Efficiency and
Renewable Energy.
Decision and Order
In the Matter of: Mitsubishi Electric & Electronics USA, Inc.
(Mitsubishi) (Case No. CAC-037).
Background
Title III, Part C of the Energy Policy and Conservation Act of 1975
(EPCA), Pub. L. 94-163 (42 U.S.C. 6311-6317), established the Energy
Conservation Program for certain industrial equipment, which includes
commercial air conditioning equipment, the focus of this decision and
order.\1\
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\1\ For editorial reasons, upon codification in the U.S. Code,
Part C was re-designated Part A-1.
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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), if the industry test procedure for commercial package
air-conditioning and heating equipment is amended, EPCA directs the
Secretary to amend the corresponding DOE test procedure unless the
Secretary determines, by rule and based on clear and convincing
evidence, that such a modified test procedure does not meet the
statutory criteria set forth in 42 U.S.C. 6314(a)(2) and (3).
On December 8, 2006, DOE published a final rule adopting test
procedures for commercial package air-conditioning and heating
equipment, effective January 8, 2007. 71 FR 71340. Table 1 to Title 10
of the Code of Federal Regulations (10 CFR) 431.96 directs
manufacturers of commercial package air conditioning and heating
equipment to use the appropriate procedure when measuring energy
efficiency of this equipment. For small commercial packaged water-
source heat pumps with capacities less than 135,000 Btu/h, ISO Standard
13256-1 (1998) is the applicable test procedure. For commercial package
air-source equipment with capacities between 65,000 and 760,000 Btu/h,
ARI Standard 340/360-2004 is the applicable test procedure.
DOE's regulations for covered products and equipment 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 according to the provisions of
10 CFR 431.401(g).
On December 15, 2009, DOE granted Mitsubishi waivers from the DOE
commercial air conditioner and heat pump test procedures for
Mitsubishi's CITY MULTI WR2 and WY Series equipment and its CITY MULTI
S&L Class equipment. 74 FR 66311; 74 FR 66315. On July 11, 2011, DOE
granted Mitsubishi a waiver for additional indoor units. 76 FR 40714.
On August 11, 2011, Mitsubishi requested that DOE amend its orders
granting test procedure waivers for these products to allow Mitsubishi
to test and rate its WR2 and WY Series products, and those S&L Class
systems that have capacities less than or equal to 300,000 Btu/h,
according to the American National Standards Institute (ANSI)/Air-
conditioning, Heating and Refrigeration Institute (AHRI) Standard 1230-
2010: Performance Rating of Variable Refrigerant Flow (VRF) Multi-Split
Air-Conditioning and Heat Pump Equipment (AHRI 1230). Mitsubishi also
requested that DOE amend the definition of ``tested combination'' in
the current alternate test procedure to allow for the use of up to 12
indoor units in the configuration of a basic model. The alternate test
procedure Mitsubishi is currently permitted to use specifies a maximum
of eight indoor units for testing.
Assertions and Determinations
Mitsubishi's Petition for Waiver Amendment
Mitsubishi's S&L Class and WR2 and WY Series products are part of
Mitsubishi's CITY MULTI Variable Refrigerant Flow (VRF) line of multi-
split central air conditioners and heat pumps. As explained in
Mitsubishi's waivers for the WR2 and WY Series and the S&L Class
products, these systems cannot be tested according to the prescribed
test procedures for commercial products. Specifically, they contain one
or more design characteristic that prevents testing according to the
test procedures.
[[Page 65712]]
According to DOE's grant of the December 2009 and July 2011 waivers,
Mitsubishi is not required to test or rate the products listed in the
waivers based on the current DOE test procedure. Instead, Mitsubishi is
required to test and rate these products according to the alternate
test procedure set forth in the waivers.
The alternate test procedure prescribed in the December 2009 and
July 2011 waivers was first prescribed in 2007, in response to two
other petitions for waiver from Mitsubishi. DOE specified alternate
test procedures for representing the energy efficiency of Mitsubishi's
R410A and R22 CITY MULTI multi-split products. The alternate test
procedure was published on April 9, 2007. 72 FR 17528, 72 FR 17533.
Since then, DOE has prescribed the same alternate test procedure for
other manufacturers of multi-split products.
After DOE granted a waiver to Mitsubishi's CITY MULTI products, the
Air-Conditioning and Refrigeration Institute (ARI) (now AHRI) formed a
committee to develop a general testing protocol for VRF systems. The
committee developed AHRI 1230, which has been incorporated into ASHRAE
90.1-2010. AHRI 1230 establishes a test procedure for VRF multi-split
air conditioners and heat pumps. The test procedure covers matched VRF
systems with cooling and heating capacities for outdoor units between
12,000 Btu/h and 300,000 Btu/h. DOE is assessing AHRI 1230 with respect
to the requirements EPCA specifies for test procedures, and will make a
preliminary determination regarding AHRI 1230 in a future rulemaking.
AHRI 1230 is very similar to the alternate test procedure in the
commercial multi-split waivers that DOE previously granted to
Mitsubishi and other manufacturers, but contains minor differences in
the definition of tested combination, the testing of ducted versus non-
ducted indoor units, and the line lengths. These differences are
discussed below.
First, the definition of ``tested combination'' in AHRI 1230 and
the alternate test procedure prescribed by DOE in the earlier multi-
split waivers are identical in all relevant respects, except that AHRI
1230 allows the use of up to 12 indoor units, as opposed to eight in
the earlier alternate test procedure.
Second, ANSI/AHRI 1230-2010 requires an additional test. 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. In AHRI 1230, similar to the residential test procedure
set forth in 10 CFR part 430, subpart B, appendix M, multi-split
manufacturers must also 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.
Third, the alternate test procedure and AHRI 1230 require the use
of different line lengths for the cooling refrigerant line when
performing efficiency testing. AHRI 1230 requires longer line lengths
depending on the type and capacity of the connected indoor units.
As DOE continues to evaluate AHRI 1230, DOE has granted
manufacturers' request to use AHRI 1230 as the alternate test procedure
for testing and rating their commercial multi-split products subject to
a waiver of DOE's test procedures. DOE prescribed AHRI 1230 as the
alternate test procedure for those Daikin AC (Americas) Inc.
(``Daikin'') commercial multi-split products that have cooling
capacities less than or equal to 300,000 Btu/h, and for Carrier
Corporation's (``Carrier'') commercial multi-split products. 76 FR
34685 (June 14, 2011); 76 FR 31951 (June 2, 2011).
Consistent with the requests of these other manufacturers,
Mitsubishi requested that DOE permit it to use AHRI 1230 as the
alternate test procedure to test and rate its WR2 and WY Series units
and those S&L Class systems that have capacities less than or equal to
300,000 Btu/h. AHRI 1230 covers multi-split products with cooling and
heating capacities for outdoor units from 12,000 Btu/h to 300,000 Btu/
h. The outdoor units of Mitsubishi's WR2 and WY Series products fall
within that range. Thus, similar to DOE's decision in the Daikin and
Carrier waivers, Mitsubishi requested that DOE prescribe AHRI 1230 as
the alternate test procedure for Mitsubishi's WR2 and WY Series
products.
Mitsubishi's S&L Class product line includes outdoor units with
individual capacities from 65,000 to 144,000 Btu/h, which can be
combined into systems with capacities from 130,000 to 480,000 Btu/h.
Although the individual capacities of these outdoor units fall within
AHRI 1230's capacity range, some of the combinations of outdoor units
have capacities that are greater than the capacity range for AHRI 1230.
Thus, similar to DOE's decision in the Daikin waiver, Mitsubishi
requested that DOE prescribe AHRI 1230 as the alternate test procedure
for those S&L Class products that have capacities less than or equal to
300,000 Btu/h. For those S&L Class system that have capacities greater
than 300,000 Btu/h, Mitsubishi will continue to use the alternate test
procedure specified in the S&L Class waiver.
DOE has determined that use of AHRI 1230 is appropriate for
Mitsubishi's WR2 and WY Series products and its S&L Class products for
the reasons set forth below.
As discussed above, AHRI 1230 requires longer line lengths for the
cooling refrigerant line during testing, depending on the type and
capacity of the connected indoor units. This difference affects the
resulting energy efficiency determination. Testing according to AHRI
1230's requirements provides a more conservative estimate of energy
consumption because it results in a slightly lower efficiency rating
than testing according to the alternate test procedure.
In addition, the definition of ``tested combination'' in AHRI 1230
is more appropriate for these Mitsubishi products than the definition
in the current alternate test procedure. As defined in the current
alternate test procedures for Mitsubishi's products, the ``tested
combination'' of a VRF system is defined as one outdoor unit matched
with between two and eight indoor units. The indoor units must
represent the highest sales model family, and, together, must have a
nominal cooling capacity that is between 95% and 105% of the nominal
cooling capacity of the outdoor unit. Due to the relative size of some
of Mitsubishi's outdoor units and indoor units, permitting the matching
of up to only eight indoor units may not be sufficient to comply with
the requirement that the indoor units must have a combined capacity
that is
[[Page 65713]]
between 95% and 105% of the nominal cooling capacity of the outdoor
unit. AHRI 1230, as revised in March 2011, permits the use of up to
twelve indoor units. For consistency purposes, DOE also agrees with
Mitsubishi's request that DOE amend the definition of ``tested
combination'' in the current alternate test procedure to make it
identical to the definition in AHRI 1230 for those units with
capacities greater than 300,000 Btu/h that are outside the scope of
AHRI 1230.
For the reasons discussed above, and because DOE's prescribed AHRI
1230 as the alternate test procedure in waivers granted to Carrier and
Daikin, DOE determined that allowing Mitsubishi to use AHRI 1230
instead of the alternate test procedure provided in the WR2 and WY
Series Waiver and the S&L Class Waiver is in the public interest.
Conclusion
After careful consideration of all the materials submitted by
Mitsubishi, it is ordered that:
(A)(1) Mitsubishi is not required to test the following equipment
with cooling capacities of 300,000 Btu/h and below 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 as the alternate test procedure ANSI/AHRI 1230-2010:
(a) Equipment listed in the WR2 and WY Series waiver granted
December 15, 2009 (74 FR 66311);
(b) Equipment listed in the S&L Class waiver granted December 15,
2009 (74 FR 66315); and
(c) Basic models of CITY MULTI WR2 and WY Series and CITY MULTI S&L
Class equipment listed in the waiver granted July 11, 2011 (76 FR
40714).
(2) Mitsubishi shall be required to test the following equipment
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 Mitsubishi 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
subparagraph (B). The second system combination shall be tested using
only ducted indoor units that meet the definition of a tested
combination as set forth in subparagraph (B). Mitsubishi shall make
representations concerning the products covered in this waiver
according to the provisions of subparagraph (C):
(a) Equipment listed in the WR2 and WY Series waiver granted
December 15, 2009 (74 FR 66311);
(b) Equipment listed in the S&L Class waiver granted December 15,
2009 (74 FR 66315); and
(c) Basic models of CITY MULTI WR2 and WY Series and CITY MULTI S&L
Class equipment listed in the waiver granted July 11, 2011 (76 FR
40714).
(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: The basic model of a variable refrigerant flow
system (``VRF system'') used as a tested combination shall consist of
an outdoor unit (an outdoor unit can include multiple outdoor units
that have been manifolded into a single refrigeration system, with a
specific model number) that is matched with between 2 and 12 indoor
units; for multi-split systems, each of these indoor units shall be
designed for individual operation.
(C) Representations. In making representations about the energy
efficiency of its S&L Class and WR2 and WY Series multi-split products,
for compliance, marketing, or other purposes, Mitsubishi must fairly
disclose the results of testing under the DOE test procedure in a
manner consistent with the provisions outlined below:
(i) For multi-split combinations tested in accordance with this
alternate test procedure, Mitsubishi may make representations based on
those test results.
(ii) For multi-split combinations that are not tested, Mitsubishi
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).
(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.
(D) This waiver amendment shall remain in effect from the date this
Decision and Order is issued, consistent with the provisions of 10 CFR
431.401(g).
Issued in Washington, DC, on October 18, 2011.
Kathleen B. Hogan,
Deputy Assistant Secretary for Energy Efficiency, Energy Efficiency
and Renewable Energy.
[FR Doc. 2011-27431 Filed 10-21-11; 8:45 am]
BILLING CODE 6450-01-P
