[Federal Register Volume 70, Number 23 (Friday, February 4, 2005)]
[Notices]
[Pages 5980-5984]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-2184]


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DEPARTMENT OF ENERGY

Office of Energy Efficiency and Renewable Energy


Energy Conservation Program for Consumer Products: Publication of 
the Petition for Waiver of Fujitsu General Limited From the DOE 
Residential Air Conditioner and Heat Pump Test Procedures (Case No. 
CAC-010)

AGENCY: Office of Energy Efficiency and Renewable Energy, Department of 
Energy.

ACTION: Notice of petition for waiver and solicitation of comments.

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SUMMARY: Today's notice publishes a Petition for Waiver from Fujitsu 
General Limited (Fujitsu). The Fujitsu Petition requests a waiver of 
the test procedures applicable to residential and commercial package 
air conditioners and heat pumps. The Department of Energy (DOE) is 
soliciting comments, data, and information with respect to the Petition 
for Waiver.

DATES: DOE will accept comments, data, and information not later than 
March 7, 2005.

ADDRESSES: DOE will accept comments on this Petition, identified by 
case number CAC-010, and submitted by any of the following methods:
     Mail: Ms. Brenda Edwards-Jones, 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 paper 
original.
     Hand Delivery/Courier: Ms. Brenda Edwards-Jones, U.S. 
Department of Energy, Building Technologies Program, Room 1J-018, 1000 
Independence Avenue, SW., Washington, DC 20585.
    Docket: For access to the docket to read copies of public comments 
received, this notice, and the Petition for Waiver, go to the U.S. 
Department of Energy, Forrestal Building, Room 1J-018 (Resource Room of 
the Building Technologies Program), 1000 Independence Avenue, SW., 
Washington, DC, (202) 586-9127, between 9 a.m. and 4 p.m., Monday 
through Friday, except Federal holidays. Please call Ms. Brenda 
Edwards-Jones at the above telephone number for additional information 
regarding visiting the Resource Room. Please note: The Department's 
Freedom of Information Reading Room (formerly Room 1E-190 at the 
Forrestal Building) is no longer housing rulemaking materials.

FOR FURTHER INFORMATION CONTACT: Dr. Michael G. Raymond, U.S. 
Department of Energy, Building Technologies Program, Mail Stop EE-2J, 
Forrestal Building, 1000 Independence Avenue, SW., Washington, DC 
20585-0121, (202) 586-9611; e-mail: Michael.Raymond.ee.doe.gov; or 
Francine Pinto, Esq., or Thomas DePriest, Esq., U.S. Department of 
Energy, Office of General Counsel, Mail Stop GC-72, Forrestal Building, 
1000 Independence Avenue, SW., Washington, DC 20585-0103, (202) 586-
9507; e-mail: [email protected], or [email protected].

SUPPLEMENTARY INFORMATION: Title III of the Energy Policy and 
Conservation Act (EPCA) sets forth a variety of provisions concerning 
energy efficiency. Part B of Title III (42 U.S.C. 6291-6309) provides 
for the ``Energy Conservation Program for Consumer Products other than 
Automobiles.'' Part C of Title III (42 U.S.C. 6311-6317) provides for 
an energy efficiency program entitled ``Certain Industrial Equipment,'' 
which is similar to the program in Part B, and which includes 
commercial air conditioning equipment, packaged boilers, water heaters, 
and other types of commercial equipment.
    Today's notice involves both residential equipment under Part B, 
and commercial equipment under Part C. Both Parts specifically provide 
for definitions, test procedures, labeling provisions, energy 
conservation standards, and the authority to require information and 
reports from manufacturers. With respect to test procedures, both Parts 
generally authorize the Secretary of Energy to prescribe test 
procedures that are reasonably designed to produce results which 
reflect energy efficiency, energy use and estimated annual operating 
costs, and that are not unduly burdensome to conduct. (42 U.S.C. 6293, 
6314)
    Fujitsu's petition requests a waiver from both the residential and 
commercial test procedures for its Airstage product, which is sold for 
both residential and commercial applications.
    As noted above, the test procedure for residential products appears 
at 10 CFR Part 430, Subpart B.
    For commercial package air-conditioning and heating equipment, EPCA 
provides that the test procedures shall be those generally accepted 
industry testing 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

[[Page 5981]]

ASHRAE/IES Standard 90.1 and in effect on June 30, 1992. (42 U.S.C. 
6314(a)(4)(A)) This section also provides for the Secretary of Energy 
to amend the test procedure for a product if the industry test 
procedure is amended, unless the Secretary determines that such a 
modified test procedure does not meet the statutory criteria. (42 
U.S.C. 6314(a)(4)(B)) On October 21, 2004, the Department published a 
direct final rule adopting ARI Standard 210/240-2003 for small 
commercial package air conditioning and heating equipment <=65,000 Btu/
h. (69 FR 61962)
    The test procedures in that direct final rule apply to three-phase 
products, but the Fujitsu product is single phase for both residential 
and commercial use. There is no prescribed test procedure for single-
phase, small commercial packaged air conditioning and heating 
equipment, so no test procedure waiver is required for commercial 
Airstage products. Moreover, Fujitsu's Airstage products are, since 
they are distributed in commerce, to a significant extent, for personal 
use or consumption by individuals, properly classified as a consumer 
product. (42 U.S.C. 6291(1)(B)) Thus, the Fujitsu Airstage products 
require a waiver only from the Department's residential test procedure, 
which appears at 10 CFR Part 430, Subpart B.
    The Department's regulations contain provisions allowing a person 
to seek a waiver from the test procedure requirements for covered 
consumer products. These provisions are set forth in 10 CFR 430.27. The 
waiver provisions allow the Assistant Secretary for Energy Efficiency 
and Renewable Energy to waive temporarily test procedures for a 
particular basic model when a petitioner shows that the basic model 
contains one or more design characteristics that prevent testing 
according to the prescribed test procedures, or when 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 Sections 430.27 (a)(1)) 
Waivers generally remain in effect until final test procedure 
amendments become effective, thereby resolving the problem that is the 
subject of the waiver.
    On June 14, 2004, Fujitsu filed a Petition for Waiver from the test 
procedures applicable to residential and commercial package air 
conditioning and heating equipment. In particular, Fujitsu seeks a 
waiver from the residential test procedure contained in 10 CFR Part 
430, Subpart B, Appendix M. As previously discussed, no waiver from the 
commercial test procedure is required. Fujitsu seeks a waiver from the 
test procedure for its Airstage variable refrigerant flow system, 
multi-split air conditioner and heat pump models listed below:

Outdoor unit, Heat pump type: AOU54U****
51.9 kBtu/hr cooling/54.4 kBtu/hr heating, single phase, 208-230Vac, 
60Hz
Outdoor unit, Cooling only type: AOU54F****
51.9 kBtu/hr cooling, single phase, 208-230Vac, 60Hz

Indoor units:
AR Series, Compact duct type (ceiling/floor standing), ARU 7/9/12/14/
18/20/22****
AR Series, Duct type, ARU25/30/36/45****
AS Series, Wall mounted type, ASU7/9/12/14/18/24/30****
AU Series, Compact ceiling cassette type, AUU7/9/12/14/18****
AU Series, Ceiling cassette type, AUU20/25/30/36/45/54****
The * denotes engineering differences in the basic models.

    Fujitsu seeks a waiver from the applicable test procedure because, 
Fujitsu asserts, the current test procedure evaluates its Airstage 
products in a manner that is not representative of their true energy 
efficiency. Fujitsu claims that the energy usage of its Airstage 
systems cannot be representatively measured using the current test 
procedure for the following reasons:
    1. The test procedure provides for testing of a pair of indoor and 
outdoor assemblies making up a typical split system, but provides no 
direction about how Airstage units, with more than ten thousand 
combinations of indoor units, could be evaluated with just one outdoor 
unit test.
    2. The test procedure calls for testing ``matched assemblies,'' but 
Airstage systems are designed to be used in zoning systems where the 
capacity of the indoor units does not match the capacity of the outdoor 
unit.
    The Fujitsu petition requests that DOE grant a waiver from the 
existing test procedure until such time as DOE can develop and adopt a 
test procedure that properly measures the energy efficiency for this 
class of products. Fujitsu intends to work with DOE, stakeholders, and 
ARI to develop the appropriate test procedure.
    The Department is publishing Fujitsu's Petition for Waiver in its 
entirety. The Petition contains no confidential information. The 
Department solicits comments, data, and information with respect to the 
Petition. The Department is particularly interested in receiving 
comments and views of interested parties concerning any alternate test 
procedures, or modifications to test procedures, which the Department 
could use to fairly represent the energy efficiency of Fujitsu's 
Airstage products. Any person submitting written comments must also 
send a copy of such comments to the petitioner. 10 CFR 
430.27(b)(1)(iv).

    Issued in Washington, DC, on January 28, 2005.
David K. Garman,
Assistant Secretary, Energy Efficiency and Renewable Energy.
BILLING CODE 6450-01-P

[[Page 5982]]

[GRAPHIC] [TIFF OMITTED] TN04FE05.001

Enclosure

    Petition for waiver of test procedure applicable to our 
``Airstage'', variable refrigerant flow multi-split air conditioners 
and heat pumps, is as follows;

1. The Design Characteristics

    We developed ``Airstage'' in response to the need for a 
comfortable, more energy

[[Page 5983]]

efficient air-conditioning system with simple zoning. This compact 
54000BTU/h variable refrigerant flow multi-split system provides 
economical, comfortable air-conditioning for a wide range of 
applications both residentially and commercially. It consists of one 
outdoor unit, using a DC Inverter scroll compressor with variable 
capacity, mated to multiple indoor units and uses variable 
refrigerant flow and control systems. Piping connections are made by 
separation tube and/or header and electronic expansion valve units.
    Airstage'' has the capability of connecting a single outdoor 
unit with up to 8 indoor units selected from 5 chassis types with 29 
basic models (listed in item 4 of this enclosure), giving these 
systems more than ten thousand installation combinations. The 
operating characteristics allow each indoor unit to have a different 
set temperature and a different mode of operation (i.e. on/off/fan).
    The DC Inverter scroll compressor and system controls maintain 
compressor operation under optimum pressure. To precisely match the 
performance of the system to the load of the conditioned areas, 
``Airstage'' detects information on capacity (refrigerant 
requirements) in the indoor units and temperature (converted into 
pressure value) of refrigerant gas fed into the compressor through 
the refrigerant flow system.
    The compressor is capable of reducing its operating capacity to 
as little as 20% of its rated capacity. Zone diversity enables 
``Airstage'' to have a total connected indoor unit capacity of up to 
150% of the capacity of the outdoor unit.

2. The Grounds for the Petition

    We seek a waiver from the test procedures applicable to central 
air conditioners and central air conditioning heat pumps under Title 
III of the Energy Policy and Conservation Act (EPCA), Part B of 
Title III (42 U.S.C. 6291-6309) Energy Conservation Program for 
Consumer Products other than Automobiles and 10 CFR 430 Energy 
Conservation Program for Consumer Products and Part C of Title III 
(42 U.S.C. 6311-6317) Energy Efficiency of Industrial Equipment and 
10 CFR 431 Energy Efficiency Program for Certain Commercial and 
Industrial Equipment.
    In particular, we seek a waiver from the currently applicable 
test procedures provided in 10 CFR 430. 23 (m) Central Air 
Conditioners and 10CFR 430.27 Appendix M, Subpart B Uniform Test 
Method for Measuring the Energy Consumption of Central Air 
Conditioners for residential uses and ARI 210/240 (1989) and ARI 
210/240 (1994) that you intend to adopt for commercial uses.

3. The Specific Requirements Sought To Be Waived and the Need for 
the Waiver

    We seek a waiver from the applicable test procedures for 
``Airstage'', because the current test procedures evaluates 
``Airstage'' in a manner so unrepresentative of its true energy 
consumption as to provide materially inaccurate comparative data. We 
indicate two reasons and describe the details as follows;
    (1) The test procedures provide for testing of a pair of indoor 
and outdoor assemblies making up a typical split system, but 
provides no direction about how ``Airstage'', with more than ten 
thousand combinations of indoor units, could be evaluated with just 
one outdoor unit test.
    The test procedures do not provide for separate testing of 
indoor and outdoor unit of split systems. Rather, they provide for 
the indoor and outdoor unit to be tested together. Almost all of the 
systems covered by test procedures have one outdoor unit matched to 
one indoor unit.
    Typical multi-split central air conditioners and heat pumps 
systems (a configuration with up to four indoor units and one 
outdoor unit) are presently tested with all indoor units operating. 
It is practical for these systems to be tested in this manner 
because matching of indoor units to the outdoor unit are defined and 
test can be performed with standard representative combination of 
outdoor and indoor units. However with ``Airstage'' there is no 
standard representative combination of outdoor and indoor units for 
testing.
    Airstage products are intended to be used in zoning systems 
where an outdoor unit can be connected with up to 8 separate indoor 
units in a zoned system. Moreover, we offer 29 indoor unit models. 
Each of these indoor unit models is designed to be used with up to 7 
other indoor units, which need not be the same models, in 
combination with a single outdoor unit. Thus, for each ``Airstage'' 
outdoor unit, there are more than ten thousand possible combinations 
of indoor units that can be matched in a system configuration.
    The current test procedure provides no direction for determining 
what combinations of outdoor unit and indoor units should be tested 
in these circumstances. While a test procedure using two or three 
indoor units whose total capacity matches that of the outdoor unit 
may be considered, the results will not entirely represent the 
system's true energy consumption characteristics. Because the test 
procedure sets a condition to the ratings based on one test 
combination among more than ten thousand possible combinations, they 
do not represent all system combinations and consumers may misread 
true energy consumption if their system configuration differs from 
that condition.
    However, it is unduly burdensome for us to conduct each possible 
combination and not practical. Thus, the test procedure does not 
contemplate, and cannot practically be applied to our ``Airstage'' 
consisting of multiple assemblies that are intended to be used in a 
very large number of different combinations.
    (2) The test procedure calls for testing ``matched assemblies'', 
but ``Airstage'' is designed to be used in zoning systems where the 
capacity of the indoor units does not match capacity of the outdoor 
unit.
    Indoor and outdoor coils in split systems are typically balanced 
and the capacity of the outdoor coil is equivalent to the capacity 
of the indoor coil. However, with ``Airstage'' the sum of the 
capacity of the indoor units connected into the system can be as 
much as 150% of the capacity of the outdoor coil. Such unbalanced 
combinations of indoor units and outdoor unit are possible because 
of the zoning characteristics of the system; the use of electronic 
expansion valves to precisely control refrigerant flow to each 
indoor unit; and the system intelligence for overall system control. 
The test procedure designed for matched assemblies does not 
contemplate or address testing for substantially unbalanced zoning 
systems.
    For these reasons, the existing test procedures evaluate 
``Airstage'' in a manner so unrepresentative of its true energy 
consumption characteristics as to provide materially inaccurate 
comparative data.
    It is not surprising that the existing test procedures do not 
address the issues listed above, because variable refrigerant flow 
multi-split systems are newly developed and recently proposed for 
use in North American markets. However, without a waiver of the test 
procedures for variable refrigerant flow multi-split systems like 
``Airstage'', we are at a competitive disadvantage in the market.
    Customers expect us to provide more energy efficiency products 
however, the current test procedures cannot be meaningfully applied 
to ``Airstage'' for the reasons described above. Moreover, if there 
is an applicable test procedure for a covered product, 42 U.S.C. 
6293(c) and 42 U.S.C. 6314(d) of EPCA prohibits a manufacturer from 
making representations about the energy consumption of the equipment 
unless the equipment has been tested in accordance with such test 
procedures and the representation fairly discloses the results of 
the testing.
    Therefore, we are at a disadvantage in our ability to provide 
information on energy consumption to our customers.
    This is particularly counterproductive for the ``Airstage'' 
because these systems are specifically designed to deliver energy 
savings for customers.
    We will do our best to explain customers that current test 
procedures evaluate ``Airstage'' in a manner so unrepresentative of 
its true energy consumption characteristics and we applied you for a 
waiver of test procedures for ``Airstage''.

4. Identification of the Basic Models

    We seek a waiver from the test procedures for ``Airstage'', 
variable refrigerant flow system multi split air conditioners and 
heat pumps, listed below;

Outdoor unit, Heat pump type: AOU54U****
15.2kW cooling/16.6kW heating, single phase, 208-230Vac, 60Hz
Outdoor unit, Cooling only type: AOU54F****
15.2kW cooling, single phase, 208-230Vac, 60Hz

Indoor units:
AR Series, Compact duct type (ceiling/floor standing), ARU 7/9/12/
14/18/20/22****
AR Series, Duct type, ARU25/30/36/45****,
AS Series, Wall mounted type, ASU7/9/12/14/18/24/30****
AU Series, Compact ceiling cassette type, AUU7/9/12/14/18****
AU Series, Ceiling cassette type, AUU20/25/30/36/45/54****
The * denotes engineering differences in the basic models.

[[Page 5984]]

5. Identification of the Manufacturers of All Other Basic Models

    Variable refrigerant flow multi split air conditioner and heat 
pump systems are proposed in the United States by Mitsubishi 
Electric and Electronics USA Inc. and Samsung Electronics Company, 
Ltd. However, their application is almost exclusively for commercial 
or industrial uses and not for residential use. Our ``Airstage'', 
compact, economical and comfortable air-conditioning and heat pump 
systems, are developed especially for residential and commercial 
uses.
    As far as we know, Samsung Electronics Company, Ltd might offer 
residential type.

6. Alternate Test Procedures

    As we mentioned in (1) of item 3, two or three indoor units 
whose total capacity match capacity of outdoor unit may be used for 
testing, but will not entirely represent the true energy consumption 
characteristics. Thus, there are no alternative test procedures 
known to us that could evaluate these products in a representative 
manner.

Conclusion

    We seek a waiver of current test procedures established in 10 
CFR 430.23(m) Central Air Conditioners and 10 CFR 430.27 Appendix M 
to Subpart B Uniform Test Method for Measuring the Energy 
Consumption of Central Air Conditioners for residential uses and ARI 
210/240 (1989) and ARI 210/240 (1994) for commercial uses, because 
the current test procedures evaluate the basic models in a manner so 
unrepresentative of their true energy consumption characteristics as 
to provided materially inaccurate comparative data and would like 
you to grant a waiver from existing test procedures until a 
representative test procedure is developed and approved by you.
    We will work with stakeholders, U.S. Department of Energy, Air-
Conditioning & Refrigeration Institute and others, through the 
process of developing test procedures suitable for products using 
variable refrigerant flow systems.

[FR Doc. 05-2184 Filed 2-3-05; 8:45 am]
BILLING CODE 6450-01-P