Decision and Order Amending a Waiver Granted to Fujitsu General America, Inc. From the Department of Energy Commercial Package Air Conditioner and Heat Pump Test Procedures, 13104-13107 [2012-5227]
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Federal Register / Vol. 77, No. 43 / Monday, March 5, 2012 / Notices
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[FR Doc. 2012–5273 Filed 3–2–12; 8:45 am]
BILLING CODE 6450–01–P
DEPARTMENT OF ENERGY
Tentative Agenda
Office of Energy Efficiency and
Renewable Energy
Monday, March 26, 2012
[Case No. CAC–040]
1 p.m.—Combined Committees Session.
5 p.m.—Adjourn.
Decision and Order Amending a
Waiver Granted to Fujitsu General
America, Inc. From the Department of
Energy Commercial Package Air
Conditioner and Heat Pump Test
Procedures
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Tuesday, March 27, 2012
8:30 a.m.—Approval of Minutes,
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Public Comment Session.
Facilities Disposition and Site
Remediation Committee Report.
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Report.
Administrative Committee Report.
Public Comment Session.
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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–040, which
amends the current waiver applicable to
Fujitsu’s Airstage V–II products to
require the use of Air-conditioning,
SUMMARY:
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Heating and Refrigeration Institute 1230
(AHRI) as the alternative test procedure.
DATES: This Decision and Order is
effective March 5, 2012.
FOR FURTHER INFORMATION CONTACT: Mr.
Bryan Berringer, U.S. Department of
Energy, Building Technologies Program,
Mailstop EE–2J, 1000 Independence
Avenue SW., Washington, DC 20585–
0121. Telephone: (202) 586–0371.
Email: Bryan.Berringer@ee.doe.gov.
Ms. Jennifer Tiedeman, U.S.
Department of Energy, Office of the
General Counsel, Mail Stop GC–71,
Forrestal Building, 1000 Independence
Avenue SW., Washington, DC 20585–
0103. Telephone: (202) 287–6111.
Email:
Jennifer.Tiedemanmailto:@hq.doe.gov.
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 waiver
applicable to Fujitsu’s Airstage V–II
equipment 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
Fujitsu, but will provide a more
conservative estimate of the energy
consumed by this equipment. The
waiver requires Fujitsu to use AHRI
1230 to test and rate specified models
from its Airstage V–II multi-split
equipment line.
Today’s decision requires Fujitsu 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 February 28,
2012.
Kathleen B. Hogan,
Deputy Assistant Secretary for Energy
Efficiency, Energy Efficiency and Renewable
Energy.
Decision and Order
In the Matter of: Fujitsu General
America, Inc. (Fujitsu) (Case No. CAC–
040).
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Federal Register / Vol. 77, No. 43 / Monday, March 5, 2012 / Notices
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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), 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 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 commercial package airsource equipment with capacities
between 65,000 and 760,000 Btu/h, ARI
Standard 340/360–2004 is the
applicable test procedure.
1 For editorial reasons, upon codification in the
U.S. Code, Part C was re-designated Part A–1.
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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 August 12, 2011, DOE granted
Fujitsu a waiver from the DOE
commercial air conditioner and heat
pump test procedures for Fujitsu’s
Airstage V–II equipment. 76 FR 50204.
On December 19, 2011, Fujitsu
requested that DOE amend its order
granting a test procedure waiver for
these products to allow Fujitsu to test
and rate its Airstage V–II equipment
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). Fujitsu 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
Fujitsu is currently permitted to use
specifies a maximum of eight indoor
units for testing.
Assertions and Determinations
Fujitsu’s Petition for Waiver
Amendment
As explained in Fujitsu’s waiver for
its Airstage V–II equipment, 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 August
2011 waiver, Fujitsu is not required to
test or rate the products listed in the
waiver based on the current DOE test
procedure. Instead, Fujitsu is required
to test and rate these products according
to the alternate test procedure set forth
in the waiver.
The alternate test procedure
prescribed in the August 2011 waiver
was first prescribed in 2007, in response
to two petitions for waiver from
Mitsubishi Electric & Electronics USA,
Inc. (Mitsubishi). 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 for its multi-split 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 Fujitsu 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
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Federal Register / Vol. 77, No. 43 / Monday, March 5, 2012 / Notices
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 (76
FR 34685, June 14, 2011), for Carrier
Corporation’s (‘‘Carrier’’) commercial
multi-split products (76 FR 31591, June
2, 2011), and for Mitsubishi’s
commercial multi-split products that
have cooling capacities less than or
equal to 300,000 Btu/h. (76 FR 65710,
Oct. 24, 2011)
Consistent with the requests of these
other manufacturers, Fujitsu requested
that DOE permit it to use AHRI 1230 as
the alternate test procedure to test and
rate its Airstage V–II equipment. AHRI
1230 covers multi-split products with
cooling and heating capacities for
outdoor units from 12,000 Btu/h to
300,000 Btu/h. Fujitsu’s Airstage V–II
product line includes outdoor units
with capacities from 72,000 Btu/h to
288,000 Btu/h. Thus, similar to DOE’s
decision in the Daikin and Mitsubishi
waivers, Fujitsu requested that DOE
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prescribe AHRI 1230 as the alternate test
procedure for its Airstage V–II
equipment. DOE has determined that
use of AHRI 1230 is appropriate for
Fujitsu’s Airstage V–II 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 Fujitsu products
than the definition in the current
alternate test procedure. As defined in
the current alternate test procedures for
Fujitsu’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 Fujitsu’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
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. DOE is evaluating AHRI 1230 to
determine whether to incorporate it into
the applicable test procedure.
For the reasons discussed above, and
because DOE’s prescribed AHRI 1230 as
the alternate test procedure in waivers
granted to Carrier, Daikin and
Mitsubishi, DOE determined that
allowing Fujitsu to use AHRI 1230
instead of the alternate test procedure
provided in the August 2011 waiver is
in the public interest.
Conclusion
After careful consideration of all the
materials submitted by Fujitsu, it is
ordered that:
(A) Fujitsu is not required to test the
equipment listed in the Airstage V–II
waiver granted August 12, 2011 (76 FR
50204) 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–
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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.
(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 Airstage V–II multi-split
equipment, for compliance, marketing,
or other purposes, Fujitsu 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, Fujitsu may make
representations based on those test
results.
(ii) For multi-split combinations that
are not tested, Fujitsu 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
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Federal Register / Vol. 77, No. 43 / Monday, March 5, 2012 / Notices
with the provisions of 10 CFR
431.401(g).
Issued in Washington, DC, on February 28,
2012.
Kathleen B. Hogan,
Deputy Assistant Secretary for Energy
Efficiency Energy Efficiency and Renewable
Energy.
[FR Doc. 2012–5227 Filed 3–2–12; 8:45 am]
BILLING CODE 6450–01–P
DEPARTMENT OF ENERGY
Office of Energy Efficiency and
Renewable Energy
[Case No. CAC–039]
Notice of Petition for Waiver of Fujitsu
General Limited From the Department
of Energy Commercial Package Air
Conditioner and Heat Pump Test
Procedure, and Grant of Interim Waiver
Office of Energy Efficiency and
Renewable Energy, Department of
Energy.
ACTION: Notice of petition for waiver,
notice of grant of interim waiver, and
request for comments.
AGENCY:
This notice announces receipt
of and publishes the Fujitsu General
Limited (FUJITSU) petition for waiver
and application for interim waiver
(hereafter, ‘‘petition’’) from the U.S.
Department of Energy (DOE) test
procedure for determining the energy
consumption of commercial package airsource central air conditioners and heat
pumps. Today’s notice also grants an
interim waiver of the commercial
package air-source central air
conditioners and heat pumps test
procedure. Through this notice, DOE
also solicits comments with respect to
the FUJITSU petition.
DATES: DOE will accept comments, data,
and information with respect to the
FUJITSU petition until April 4, 2012.
ADDRESSES: You may submit comments,
identified by case number CAC–039, by
any of the following methods:
• Federal eRulemaking Portal:
www.regulations.gov. Follow the
instructions for submitting comments.
• Email:
AS_Waiver_Requests@ee.doe.gov.
Include ‘‘Case No. CAC–039’’ in the
subject line of the message.
• Mail: Ms. Brenda Edwards, U.S.
Department of Energy, Building
Technologies Program, Mailstop EE–2J/
1000 Independence Avenue SW.,
Washington, DC 20585–0121.
Telephone: (202) 586–2945. Please
submit one signed original paper copy.
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SUMMARY:
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• Hand Delivery/Courier: Ms. Brenda
Edwards, U.S. Department of Energy,
Building Technologies Program, 950
L’Enfant Plaza SW., Suite 600,
Washington, DC 20024. Please submit
one signed original paper copy.
Docket: For access to the docket to
review the background documents
relevant to this matter, you may visit the
U.S. Department of Energy, 950 L’Enfant
Plaza SW., Washington, DC 20024; (202)
586–2945, between 9 a.m. and 4 p.m.,
Monday through Friday, except on
Federal holidays. Available documents
include the following items: (1) This
notice; (2) public comments received;
(3) the petition for waiver and
application for interim waiver; and (4)
prior DOE rulemakings and waivers
regarding similar central air
conditioning and heat pump equipment.
Please call Ms. Brenda Edwards at the
above telephone number for additional
information.
FOR FURTHER INFORMATION CONTACT: Mr.
Bryan Berringer, U.S. Department of
Energy, Building Technologies Program,
Mail Stop EE–2J, Forrestal Building,
1000 Independence Avenue SW.,
Washington, DC 20585–0121.
Telephone: (202) 586–0371. Email:
AS_Waiver_Requests@ee.doe.gov.
Ms. Elizabeth Kohl, U.S. Department
of Energy, Office of the General Counsel,
Mail Stop GC–71, Forrestal Building,
1000 Independence Avenue SW.,
Washington, DC 20585–0103.
Telephone: (202) 586–7796. Email:
mailto:Elizabeth.Kohl@hq.doe.gov.
SUPPLEMENTARY INFORMATION:
I. Background and Authority
Title III, Part B of the Energy Policy
and Conservation Act of 1975 (EPCA),
Public Law 94–163 (42 U.S.C. 6291–
6309, as codified), established the
Energy Conservation Program for
Consumer Products Other Than
Automobiles, a program covering most
major household appliances. Part B
includes definitions, test procedures,
labeling provisions, energy conservation
standards, and the authority to require
information and reports from
manufacturers. Further, Part B
authorizes the Secretary of Energy to
prescribe test procedures that are
reasonably designed to produce results
which measure energy efficiency,
energy use, or estimated operating costs,
and that are not unduly burdensome to
conduct. (42 U.S.C. 6293(b)(3)). Part C of
Title III provides for a similar energy
efficiency program titled ‘‘Certain
Industrial Equipment,’’ which includes
commercial package central air
conditioners and heat pumps and other
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13107
types of commercial equipment.1 (42
U.S.C. 6311–6317).
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 those
products. For commercial package airsource equipment with capacities
between 65,000 and 760,000 Btu/h, ARI
Standard 340/360–2004 is the
applicable test procedure.
The regulations set forth in 10 CFR
431.401 contain provisions that enable a
person to seek a waiver from the test
procedure requirements for covered
products. The Assistant Secretary for
Energy Efficiency and Renewable
Energy (the Assistant Secretary) will
grant a waiver if it is determined that
the basic model for which the petition
for waiver was submitted contains one
or more design characteristics that
prevents testing of the basic model
according to the prescribed test
procedures, or if the prescribed test
procedures may evaluate the basic
model in a manner so unrepresentative
of its true energy consumption
characteristics as to provide materially
inaccurate comparative data. 10 CFR
431.401(f)(4). Petitioners must include
in their petition any alternate test
procedures known to the petitioner to
evaluate the basic model in a manner
1 For editorial reasons, upon codification in the
U.S. Code, Parts B and C were re-designated as Parts
A and A–1, respectively.
E:\FR\FM\05MRN1.SGM
05MRN1
]]>Agencies
[Federal Register Volume 77, Number 43 (Monday, March 5, 2012)]
[Notices]
[Pages 13104-13107]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-5227]
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DEPARTMENT OF ENERGY
Office of Energy Efficiency and Renewable Energy
[Case No. CAC-040]
Decision and Order Amending a Waiver Granted to Fujitsu General
America, 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-040, which amends the current waiver
applicable to Fujitsu's Airstage V-II 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 March 5, 2012.
FOR FURTHER INFORMATION CONTACT: Mr. Bryan Berringer, U.S. Department
of Energy, Building Technologies Program, Mailstop EE-2J, 1000
Independence Avenue SW., Washington, DC 20585-0121. Telephone: (202)
586-0371. Email: Bryan.Berringer@ee.doe.gov.
Ms. Jennifer Tiedeman, U.S. Department of Energy, Office of the
General Counsel, Mail Stop GC-71, Forrestal Building, 1000 Independence
Avenue SW., Washington, DC 20585-0103. Telephone: (202) 287-6111.
Email: Jennifer.Tiedemanmailto:@hq.doe.gov.
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
waiver applicable to Fujitsu's Airstage V-II equipment 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
Fujitsu, but will provide a more conservative estimate of the energy
consumed by this equipment. The waiver requires Fujitsu to use AHRI
1230 to test and rate specified models from its Airstage V-II multi-
split equipment line.
Today's decision requires Fujitsu 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 February 28, 2012.
Kathleen B. Hogan,
Deputy Assistant Secretary for Energy Efficiency, Energy Efficiency and
Renewable Energy.
Decision and Order
In the Matter of: Fujitsu General America, Inc. (Fujitsu) (Case No.
CAC-040).
[[Page 13105]]
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), 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 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), 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 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 August 12, 2011, DOE granted Fujitsu a waiver from the DOE
commercial air conditioner and heat pump test procedures for Fujitsu's
Airstage V-II equipment. 76 FR 50204. On December 19, 2011, Fujitsu
requested that DOE amend its order granting a test procedure waiver for
these products to allow Fujitsu to test and rate its Airstage V-II
equipment 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).
Fujitsu 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 Fujitsu is currently permitted to use
specifies a maximum of eight indoor units for testing.
Assertions and Determinations
Fujitsu's Petition for Waiver Amendment
As explained in Fujitsu's waiver for its Airstage V-II equipment,
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. According to DOE's grant of the August 2011 waiver, Fujitsu
is not required to test or rate the products listed in the waiver based
on the current DOE test procedure. Instead, Fujitsu is required to test
and rate these products according to the alternate test procedure set
forth in the waiver.
The alternate test procedure prescribed in the August 2011 waiver
was first prescribed in 2007, in response to two petitions for waiver
from Mitsubishi Electric & Electronics USA, Inc. (Mitsubishi). 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 for its multi-split
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 Fujitsu
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
[[Page 13106]]
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 (76 FR 34685, June 14,
2011), for Carrier Corporation's (``Carrier'') commercial multi-split
products (76 FR 31591, June 2, 2011), and for Mitsubishi's commercial
multi-split products that have cooling capacities less than or equal to
300,000 Btu/h. (76 FR 65710, Oct. 24, 2011)
Consistent with the requests of these other manufacturers, Fujitsu
requested that DOE permit it to use AHRI 1230 as the alternate test
procedure to test and rate its Airstage V-II equipment. AHRI 1230
covers multi-split products with cooling and heating capacities for
outdoor units from 12,000 Btu/h to 300,000 Btu/h. Fujitsu's Airstage V-
II product line includes outdoor units with capacities from 72,000 Btu/
h to 288,000 Btu/h. Thus, similar to DOE's decision in the Daikin and
Mitsubishi waivers, Fujitsu requested that DOE prescribe AHRI 1230 as
the alternate test procedure for its Airstage V-II equipment. DOE has
determined that use of AHRI 1230 is appropriate for Fujitsu's Airstage
V-II 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 Fujitsu products than the definition in
the current alternate test procedure. As defined in the current
alternate test procedures for Fujitsu'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 Fujitsu'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
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. DOE is evaluating AHRI 1230 to determine whether
to incorporate it into the applicable test procedure.
For the reasons discussed above, and because DOE's prescribed AHRI
1230 as the alternate test procedure in waivers granted to Carrier,
Daikin and Mitsubishi, DOE determined that allowing Fujitsu to use AHRI
1230 instead of the alternate test procedure provided in the August
2011 waiver is in the public interest.
Conclusion
After careful consideration of all the materials submitted by
Fujitsu, it is ordered that:
(A) Fujitsu is not required to test the equipment listed in the
Airstage V-II waiver granted August 12, 2011 (76 FR 50204) 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.
(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 Airstage V-II multi-split equipment, for compliance,
marketing, or other purposes, Fujitsu 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, Fujitsu may make representations based on
those test results.
(ii) For multi-split combinations that are not tested, Fujitsu 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
[[Page 13107]]
with the provisions of 10 CFR 431.401(g).
Issued in Washington, DC, on February 28, 2012.
Kathleen B. Hogan,
Deputy Assistant Secretary for Energy Efficiency Energy Efficiency and
Renewable Energy.
[FR Doc. 2012-5227 Filed 3-2-12; 8:45 am]
BILLING CODE 6450-01-P
