[Federal Register Volume 72, Number 126 (Monday, July 2, 2007)]
[Notices]
[Pages 35986-35991]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-12733]



[[Page 35986]]

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DEPARTMENT OF ENERGY

Office of Energy Efficiency and Renewable Energy

[EERE-2007-BT-WAV-0005]


Energy Conservation Program for Consumer Products: Publication of 
the Petition for Waiver and Granting of the Application for Interim 
Waiver of Daikin U.S. Corporation From the DOE Residential and 
Commercial Package Air Conditioner and Heat Pump Test Procedures (Case 
No. CAC-011)

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

ACTION: Notice of Petition for Waiver, Granting of Extension of Interim 
Waiver, and Request for Comments.

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SUMMARY: Today's notice publishes a Petition for Waiver from Daikin 
U.S. Corporation (Daikin). This Petition for Waiver (hereafter ``Daikin 
Petition'') requests a waiver of the Department of Energy (DOE) test 
procedures applicable to residential and commercial package central air 
conditioners and heat pumps. The waiver request is specific to Daikin's 
VRV-S (residential) and VRV (commercial) Variable Refrigerant Volume 
multi-split heat pumps and heat recovery systems. DOE is soliciting 
comments, data, and information with respect to the Daikin Petition. 
Today's notice also extends the Interim Waiver granted to Daikin on 
August 14, 2006. An alternate test procedure from the DOE test 
procedure for residential air conditioners and heat pumps is added to 
the Interim Waiver.

DATES: DOE will accept comments, data, and information regarding this 
Petition for Waiver until, but no later than, August 1, 2007. The 
Interim Waiver was granted August 14, 2006, and expired February 10, 
2007. This Notice extends the Interim Waiver 180 days, until August 9, 
2007.

ADDRESSES: Please submit comments, identified by case number (CAC-011), 
by any of the following methods:
     Mail: Ms. Brenda Edwards-Jones, U.S. Department of Energy, 
Building Technologies Program, Mailstop EE-2J, Forrestal Building, 1000 
Independence Avenue, SW., Washington, DC 20585-0121. Telephone: (202) 
586-2945. Please submit one signed original paper copy.
     Hand Delivery/Courier: Ms. Brenda Edwards-Jones, U.S. 
Department of Energy, Building Technologies Program, Room 1J-018, 
Forrestal Building, 1000 Independence Avenue, SW., Washington, DC 
20585-0121.
     E-mail: [email protected]. Include either the 
case number [CAC-011], and/or ``Daikin Petition'' in the subject line 
of the message.
     Federal eRulemaking Portal: http://www.regulations.gov. 
Follow the instructions for submitting comments.
    Instructions: All submissions received must include the agency name 
and case number for this proceeding. Submit electronic comments in 
WordPerfect, Microsoft Word, PDF, or text (ASCII) file format and avoid 
the use of special characters or any form of encryption. Wherever 
possible, include the electronic signature of the author. Absent an 
electronic signature, comments submitted electronically must be 
followed and authenticated by submitting the signed original paper 
document. DOE does not accept tele-facsimiles (faxes). Any person 
submitting written comments must also send a copy of such comments to 
the petitioner. 10 CFR 430.27(d). The contact information for the 
petitioner of today's notice is: Russell Tavolacci, Director of Product 
Marketing, Daikin AC (Americas), Inc., 1645 Wallace Drive, Suite 110, 
Carrollton, TX 75006, (972) 245-1510, [email protected].
    According to 10 CFR 1004.11, any person submitting information that 
he or she believes to be confidential and exempt by law from public 
disclosure should submit two copies: One copy of the document including 
all the information believed to be confidential, and one copy of the 
document with the information believed to be confidential deleted. DOE 
will make its own determination about the confidential status of the 
information and treat it according to its determination.
    Docket: For access to the docket to read the background documents 
relevant to this matter, 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-
2945, between 9 a.m. and 4 p.m., Monday through Friday, except Federal 
holidays. Available documents include the following items: This notice, 
public comments received, the Petition for Waiver and Application for 
Interim Waiver, and prior DOE rulemakings regarding central air 
conditioners and heat pumps. Please call Ms. Brenda Edwards-Jones at 
the above telephone number for additional information regarding 
visiting the Resource Room. Please note that DOE'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., 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].

SUPPLEMENTARY INFORMATION:
I. Background and Authority
II. Petition for Waiver
III. Application for Interim Waiver
IV. Alternate Test Procedure
V. Summary and Request for Comments

I. Background and Authority

    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 products under Part B, and 
commercial equipment under Part C. Both parts 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(b)(3); 42 U.S.C. 
6314(a)(2))
    Daikin's petition requests a waiver from the DOE residential 
central air conditioner and heat pump test procedure for its VRV-S 
multi-split products. For testing and rating purposes, residential air 
conditioners and heat pumps use single-phase power, have a rated 
capacity less than 65 kBtu/h, and are not packaged terminal units. 
Daikin's petition also requests a waiver from the DOE commercial 
package air

[[Page 35987]]

conditioners and heat pump test procedure for its VRV multi-split 
products. Daikin makes this request for their VRV units because their 
rated capacities of 72 kBtu/h and 96 kBtu/h fall within the scope of 
the test procedure specified by DOE for small commercial package air 
conditioning and heating equipment.
    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. DOE adopted ARI 
Standard 210/240-2003 for commercial package air conditioning and 
heating equipment with capacities <65,000 Btu/h and ARI Standard 340/
360-2004 for commercial package air conditioning and heating equipment 
with capacities >=65,000 Btu/h and <240,000 Btu/h. Id. at 71371. The 
capacities of Daikin's commercial VRV multi-split products fall in the 
ranges covered by ARI Standard 340/360-2004. The test procedures for 
Daikin's VRV-S residential multi-split air conditioners and heat pumps 
are set forth in 10 CFR Part 430, Subpart B, Appendix M.
    DOE's regulations contain provisions allowing a person to seek a 
waiver from the test procedure requirements for covered products. These 
provisions are set forth in 10 CFR 430.27 for covered consumer/
residential products and 10 CFR 431.401 for covered commercial 
equipment. The waiver provisions for commercial equipment are 
substantively identical to those for covered consumer products.
    The waiver provisions allow the Assistant Secretary for Energy 
Efficiency and Renewable Energy (hereafter ``Assistant Secretary'') to 
temporarily waive 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 430.27(a)(1), 431.401(a)(1). The Assistant Secretary may grant the 
waiver subject to conditions, including adherence to alternate test 
procedures. 10 CFR Sections 430.27(1), 431.401(f)(4). Waivers generally 
remain in effect until final test procedure amendments become 
effective, thereby resolving the problem that is the subject of the 
waiver.
    The waiver process also allows the Assistant Secretary to grant an 
Interim Waiver from test procedure requirements to manufacturers that 
have petitioned DOE for a waiver of such prescribed test procedures. 10 
CFR 430.27(a)(2), 431.401(a)(2). An Interim Waiver remains in effect 
for a period of 180 days or until DOE issues its determination on the 
Petition for Waiver, whichever is sooner, and may be extended for an 
additional 180 days, if necessary. 10 CFR 430.27(h), 431.401(e)(4).

II. Petition for Waiver

    On May 12, 2005, Daikin filed an Application for Interim Waiver and 
a Petition for Waiver from the test procedures applicable to 
residential and commercial package air conditioners and heat pumps. In 
particular, Daikin requests a waiver from the DOE test procedures for 
its residential VRV-S multi-split models with nominal cooling 
capacities of 36, 48, and 60 kBtu/h. For these products, the applicable 
test procedure is set forth in 10 CFR part 430, subpart B, appendix M. 
Further, Daikin requests a waiver from the test procedures for its 
commercial VRV multi-split models with nominal cooling capacities of 72 
and 96 kBtu/h, with and without heat recovery. For this equipment, the 
applicable test procedure is ARI 340/360-2004.
    Daikin seeks a waiver from the DOE test procedures on the grounds 
that the VRV-S Series and VRV Series multi-split heat pump and heat 
recovery systems contain design characteristics that prevent testing 
according to the current DOE test procedures. Daikin asserts that the 
two primary factors that prevent testing of multi-split variable speed 
products, regardless of manufacturer, are the same factors stated in 
the waiver granted to Mitsubishi Electric for its line of commercial 
multi-splits:
     Testing laboratories cannot test products with so many 
indoor units.
     There are too many possible combinations of indoor and 
outdoor unit to test.

69 FR 52661, August 27, 2004.

    Further, Daikin states that although the VRV and VRV-S product 
lines fit within the scope of the applicable DOE residential and 
commercial test procedures, the basic design of both lines is not 
commensurate with the intent of the test procedures. In particular, the 
test procedures do not provide for:
     Testing products with a large quantity of indoor units 
operating simultaneously.
     Testing of multi-split products whereas all connected 
indoor units physically cannot be located in a single room.
     Operating indoor units at several different static 
pressure ratings during a single test.
     Identifiying the precise number of part load tests 
required (ARI 340/360) for fully or infinitely variable speed products.
     Testing systems that have millions of combinations of 
indoor units configurable to a single outdoor unit.
     Measuring part load performance of a system operating in 
simultaneous operation (performing both heating and cooling functions 
at the same time).
    Daikin requests that DOE grant to Daikin, for its VRV and VRV-S 
product designs, the same test procedure waiver previously granted to 
Mitsubishi Electric, until a suitable test method is determined (Daikin 
Petition, page 5). There is no substantive difference between the MEUS 
and Daikin products which would preclude DOE from granting the same 
waiver to both. Daikin states that failure to grant the waiver would 
prevent it from marketing its product. Also, it states it is the goal 
of Daikin to work closely with DOE, ARI, and other agencies to develop 
appropriate test procedures.

III. Application for Interim Waiver

    On May 12, 2005, in addition to its Petition for Waiver, Daikin 
submitted to DOE an Application for Interim Waiver. An Interim Waiver 
may be granted if it is determined that the applicant will experience 
economic hardship if the Application for Interim Waiver is denied, if 
it appears likely that the Petition for Waiver will be granted, and/or 
the Assistant Secretary determines that it would be desirable for 
public policy reasons to grant immediate relief pending a determination 
on the Petition for Waiver. 10 CFR 430.27(g), 431.401(e)(3).
    Daikin's Application for Interim Waiver does not provide sufficient 
information to evaluate what, if any, economic hardship Daikin will 
likely experience if its Application for Interim Waiver is denied. 
However, in those instances where the likely success of the Petition 
for Waiver has been demonstrated, based upon DOE having granted a 
waiver for a similar product design, it is in the public interest to 
have similar products tested and rated for energy consumption on a 
comparable basis. DOE has previously granted interim waivers to Fujitsu 
and Samsung for comparable residential and commercial multi-split air 
conditioners and heat pumps. 70 FR 5980, February 4, 2005; 70 FR 9629, 
February 28, 2005, respectively. DOE approved the Petition for Waiver 
to Mitsubishi for its comparable line of commercial multi-

[[Page 35988]]

split air conditioners and heat pumps. 69 FR 52660, August 27, 2004. 
The two prevailing reasons for granting the past waivers also apply to 
Daikin's VRV-S and VRV products: (1) Test laboratories cannot test 
products with so many indoor units (up to seventeen according to the 
Daikin petition--the practical limit is about five); and (2) it is 
impractical to test so many combinations of indoor units with each 
outdoor unit.
    On August 14, 2006, DOE granted to Daikin an Interim Waiver from 
the DOE test procedures for its VRS-S and VRV product lines. However, 
that Interim Waiver expired February 10, 2007. Daikin has requested an 
180-day extension of the Interim Waiver, or until DOE acts on Daikin's 
Petition for Waiver. 10 CFR 430.27(h), 10 CFR 431.401(e)(4). DOE is 
extending the Interim Waiver, and modifying it to specify that Daikin 
must use an alternate test procedure, which has also been included in 
two recent Mitsubishi waivers. Hence, it is ordered that:
    The Application for Interim Waiver filed by Daikin is hereby 
modified and extended for 180 days, until August 9, 2007, for Daikin's 
new VRV and VRV-S central air conditioners and central air conditioning 
heat pumps.
    For the models listed below:
    1. Daikin shall not be required to test or rate its VRV-S 
residential products on the basis of the currently applicable test 
procedure, which is set forth in 10 CFR Part 430, subpart B, appendix M
    2. Daikin shall not be required to test or rate its VRV commercial 
products on the basis of the currently applicable test procedure, which 
incorporates by reference ARI Standard 340/360-2004.
    3. Daikin shall be required to test and rate its VRV-S and VRV 
products according to the alternate test procedure as set forth in 
section IV (3), ``Alternate test procedure.''
    Outdoor units:
    1. RXYMQ Series Heat Pumps with nominal capacities of 36, 48, and 
60 kBtu/h, when combined with two or more of the below listed indoor 
units.
    2. RXYQ Series Heat Pumps with nominal capacities of 72 and 96 
kBtu/h, when combined with two or more of the below listed indoor 
units.
    3. REYQ Series Heat Recovery units with nominal capacities of 72 
and 96 kBtu/h, when combined with two or more of the below listed 
indoor units.
    Indoor units:
    1. FXAQ Series wall mounted indoor units with nominally rated 
capacities of 7, 9, 12, 18, and 24 kBtu/h.
    2. FXLQ Series floor mounted indoor units with nominally rated 
capacities of 12, 18, and 24 kBtu/h.
    3. FXNQ Series concealed floor mounted indoor units with nominally 
rated capacities of 12, 18, and 24 kBtu/h.
    4. FXDQ Series low static ducted indoor units with nominally rated 
capacities of 7, 9, 12, 18, and 24 kBtu/h.
    5. FXSQ Series medium static ducted indoor units with nominally 
rated capacities of 7, 9, 12, 24, 30, 36, and 48 kBtu/h.
    6. FXMQ Series high static ducted indoor units with nominally rated 
capacities of 30, 36, and 48 kBtu/h.
    7. FXZQ Series recessed cassette indoor units with nominally rated 
capacities of 7, 9, 12, 18, and 24 kBtu/h.
    8. FXFQ Series recessed cassette indoor units with nominally rated 
capacities of 12, 18, 24, 30, and 36 kBtu/h.
    9. FXHQ Series ceiling suspended indoor units with nominally rated 
capacities of 12, 24, and 36 kBtu/h.
    This Interim Waiver is conditioned upon the presumed validity of 
statements, representations, and documentary materials provided by the 
petitioner. This Interim Waiver may be revoked or modified at any time 
upon a determination that the factual basis underlying the petition is 
incorrect, or DOE determines that the results from the alternate test 
procedure are unrepresentative of the basic models' true energy 
consumption characteristics. This Interim Waiver shall remain in effect 
until August 9, 2007.

IV. Alternate Test Procedure

    In response to two recent petitions for waiver from Mitsubishi, DOE 
specified an alternate test procedure to provide a basis from which 
Mitsubishi could test and make valid energy efficiency representations. 
The MEUS petitions, including the alternate test procedure, were 
published in the Federal Register on April 9, 2007. 72 FR 17528, 17532.
    DOE is including a similar alternate test procedure in the Interim 
Waiver for Daikin's products, and considering the same alternate test 
procedure in Daikin's future Decision and Order. This will allow Daikin 
to test and make energy efficiency representations regarding its 
products. DOE is also considering applying a similar alternate test 
procedure to other similar waivers for residential and commercial 
central air conditioners and heat pumps. Such cases include Samsung's 
petition for its multi-split products (70 FR 9629, February 28, 2005), 
Fujitsu's petition for its multi-split products (70 FR 5980, February 
4, 2005), and Mitsubishi's petition for its R22 multi-split products 
(69 FR 52660, August 27, 2004).
    As noted above, existing testing facilities have a limited ability 
to test multiple indoor units at one time, and the number of possible 
combination of indoor and outdoor units for some variable refrigerant 
flow zoning systems is impractical to test. Subsequent to the waiver 
that DOE granted for Mitsubishi's R22 models, ARI developed a committee 
to discuss the issue and work on developing an appropriate test 
protocol for variable refrigerant zoning systems. However, to date, no 
additional test methodologies have been adopted by the committee or put 
forth to DOE.
    DOE believes that an alternate test procedure is needed in order 
that manufacturers can make representations for their products. DOE 
specified an alternate test procedure in the Mitsubishi waiver for 
R410A CITY MULTI products, and is considering including the following 
similar waiver language in the Decision and Order for Daikin's variable 
refrigerant flow multi-split air conditioner and heat pump models:
    (1) The Petition for Waiver filed by Daikin AC (Americas), Inc. 
(Daikin) is hereby granted as set forth in the paragraphs below.
    (2) Daikin shall be not be required to test or rate its variable 
refrigerant flow multi-split air conditioner and heat pump products 
covered in this waiver on the basis of the currently applicable test 
procedure, but shall be required to test and rate its products covered 
in this waiver according to the alternate test procedure as set forth 
in paragraph (3).
    (3) Alternate test procedure.
    (A) Daikin shall be required to test the products listed above 
according to those test procedures for central air conditioners and 
heat pumps prescribed by DOE at 10 CFR Parts 430 and 431, except that:
    (i) For products covered by 10 CFR Part 430 (consumer products), 
Daikin shall not be required to comply with: (1) The first sentence in 
10 CFR 430.24(m)(2), which refers to ``that combination manufactured by 
the condensing unit manufacturer likely to have the highest volume of 
retail sales;'' and (2) the third sentence in 10 CFR 430(m)(2) and the 
provisions of 10 CFR 430(m)(2)(i) and (ii). Instead of testing the 
combinations likely to have the highest volume of retail sales, Daikin 
may test a ``tested combination'' selected in accordance with the 
provisions of subparagraph (B) of this paragraph. Additionally, instead 
of following the provisions of 10 CFR 430(m)(2)(i) and (ii) for every 
other

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system combination using the same outdoor unit as the tested 
combination, Daikin shall make representations concerning the VRV-S 
products covered in this waiver according to the provisions of 
subparagraph (C) below.
    (ii) For products covered by 10 CFR Part 430 (consumer products), 
Daikin shall be required to comply with 10 CFR 430 Appendix M as 
amended in accordance with designated changes that are listed in the 
July 20, 2006 Federal Register Notice. 71 FR 41320, July 20, 2006. 
These designated changes are with respect to the following test 
procedure sections: 2.1, 2.2.3, 2.4.1, 3.2.4 (including Table 6), 3.6.4 
(including Table 12), 4.1.4.2, and 4.2.4.2.
    (iii) For products covered by 10 CFR Part 431 (commercial 
products), Daikin shall test a ``tested combination'' selected in 
accordance with the provisions of subparagraph (B) of this paragraph. 
For every other system combination using the same outdoor unit as the 
tested combination, Daikin shall make representations concerning the 
VRV products covered in this waiver according to the provisions of 
subparagraph (C) below.
    (B) Tested combination. The term ``tested combination'' means a 
sample basic model comprised of units that are production units, or are 
representative of production units, of the basic model being tested. 
For the purposes of this waiver, the tested combination shall have the 
following features:
    (i) The basic model of a variable refrigerant flow system used as a 
tested combination shall consist of an outdoor unit that is matched 
with between 2 and 5 indoor units.
    (ii) The indoor units shall
    (a) Represent the highest sales volume type models;
    (b) Together, have a capacity between 95 percent and 105 percent of 
the capacity of the outdoor unit;
    (c) Not, individually, have a capacity greater than 50 percent of 
the capacity of the outdoor unit;
    (d) Have a fan speed that is consistent with the manufacturer's 
specifications; and
    (e) All have the same external static pressure.
    (C) Representations. Daikin may make representations about the 
energy efficiency of variable refrigerant flow multi-split air 
conditioner and heat pump products, for compliance, marketing, or other 
purposes, only to the extent that such representations are made 
consistent with the provisions outlined below:
    (i) For multi-split combinations tested in accordance with this 
paragraph, Daikin may make representations based on these test results.
    (ii) For multi-split combinations that are not tested, Daikin may 
make representations which are based on the testing results for the 
tested combination and which are consistent with either of the two 
following methods, except that only method (a) may be used, if 
available:
    (a) Representation of non-tested combinations according to an 
Alternative Rating Method (ARM) approved by DOE.
    (b) Representation of non-tested combinations at the same energy 
efficiency level as the tested combination with the same outdoor unit.

V. Summary and Request for Comments

    Today's notice publishes Daikin's Petition for Waiver and extends 
Daikin's Interim Waiver until August 9, 2007, and modifies it by 
including an alternate test procedure. DOE is publishing Daikin's 
Petition for Waiver in its entirety. The petition contains no 
confidential information. Furthermore, today's notice includes an 
alternate test procedure that DOE is considering including in the final 
Decision and Order. In this alternate test procedure, DOE proposes 
defining a ``tested combination'' which Daikin could test in lieu of 
testing all retail combinations of its VRV and VRV-S multi-split air 
conditioner and heat pump products. Furthermore, should a manufacturer 
not be able to test all retail combinations, DOE proposes allowing 
manufacturers to rate waived products according to an alternate rating 
method approved by DOE, or to rate waived products the same as that for 
the specified tested combination.
    DOE will also consider applying a similar alternate test procedure 
to other comparable petitions for waiver for residential and commercial 
central air conditioners and heat pumps. Such cases include Samsung's 
petition for its DVM products (70 FR 9629, February 28, 2005), and 
Fujitsu's petition for its Airstage variable refrigerant flow (VRF) 
products (70 FR 5980, February 4, 2005).
    DOE is interested in receiving comments on this notice. Any person 
submitting written comments must also send a copy of such comments to 
the petitioner, whose contact information is included in the section 
entitled ADDRESSES, above. 10 CFR 430.27(d), 431.401(d)(2).

    Issued in Washington, DC, on June 12, 2007.
Alexander A. Karsner,
Assistant Secretary, Energy Efficiency and Renewable Energy.

May 12, 2005.

Mr. David K. Garman
Assistant Secretary for Energy Efficiency and Renewable Energy
U.S. Department of Energy 1000 Independence Ave, SW., Washington, DC 
20585-0121.

Re: Petition for Waiver of Test Procedure

    Dear Assistant Secretary Garman: Daikin U.S. Corporation (DUS) 
respectfully submits this document as our Petition for Waiver of 
Test Procedure applicable to residential and commercial package air 
conditioners and heat pumps to the Department of Energy (DOE) for 
review and approval. This petition is submitted pursuant to the 
provisions of 10 CFR 431.29 on the grounds that the basic models 
addressed herein contain design characteristics which prevent 
testing according to prescribed procedures. This petition is being 
requested for Daikin's VRV and VRV-S multi-split heat pump and heat 
recovery systems incorporating variable speed compressor technology.
    There are two primary factors that prevent the testing of multi-
split variable speed product regardless of manufacturer which are:
     Testing laboratories cannot test products with so many 
indoor units.
     There are too many possible combinations of indoor and 
outdoor units to test.
    Existing test standards that most closely relate to such product 
are ARI 210/240 (2003) and ARI 340/360 (2004).

Background

    Daikin Industries Limited is a leading manufacturer of variable 
speed and Variable Refrigerant Volume (VRV) zoning systems which are 
offered for sale by DUS in the North American market. These products 
combine advanced technologies such as high efficiency variable speed 
compressors and fan motors along with electronic expansion valves 
and other devices to insure peak operating performance of the 
overall system. The systems are applied in both commercial and 
residential applications whereas zoning is applied in both 
commercial and residential applications whereas zoning is applied to 
provide users with peak utility of the system and energy savings. 
The capacity of this DUS product offerings range from 36,000 BTU/Hr 
to 96,000 BTU/Hr.
    Our product offering shares many of the same design and 
characteristic features as that of the City Multi product 
manufactured and distributed by Mitsubishi Electric and Electronics 
USA, Inc. (MEUS), of which DOE has granted a waiver as described in 
the Federal Register/Vol. 69 No. 166/Friday, August 27, 2004/
Notices, page 52,660. DOE granted MEUS' petition for waiver on the 
basis that 1) testing laboratories cannot test products with so many 
indoor units, and 2) there are too many possible combinations of 
indoor and outdoor units to test, therefore

[[Page 35990]]

preventing testing of the basic models according to prescribed test 
procedures.
    An additional problem that prevents testing is the wide variety 
of indoor unit static pressure ratings available with these and 
other multi-split products. Testing facilities cannot effectively 
control multiple indoor static pressures that would be required with 
many of the indoor unit combinations available. To accomplish such 
testing a large number of test rooms would need to be utilized 
simultaneously, networked with data recording instrumentation and 
extensive piping configurations would need to be routed throughout 
the various test rooms. Obviously this process would be cost and 
time prohibitive.
    Daikin's VRV and VRV-S product offering consists of multiple 
indoor units being connected to an outdoor unit. Indoor units for 
these products are available in Ducted (with many different indoor 
static pressure ratings as standard), 4-Way Cassette, Wall Mounted, 
Ceiling Suspended, Floor Standing and other models being readied for 
market introduction. There are over one million combinations 
possible with the current product offering and additional models 
continue to be manufactured for use with the VRV and VRV-S product 
line.

Characteristics of the VRV and VRV-S Products

    Daikin's VRV and VRV-S systems have the following 
characteristics and application:
     Multi-split, multi-zone units utilizing an outdoor unit 
that serves up to as many as twenty indoor units.
     Variable speed technology that matches system capacity 
to the current load thereby utilizing only as much energy as 
required.
     Multi-zone applications, each indoor unit can be 
independently controlled with a local controller allowing the 
occupant to alter their environmental condition to meet their needs 
including set temperature, fan speed and mode of operation. This is 
a key feature of the system's utility to an end user.
     Ability to efficiently operate the compressor at loads 
as small as 10% of the rated capacity and variable up to the rated 
capacity of the system.
     Some products offer a ``heat recovery'' mode of 
operation which allows heat that is absorbed from one indoor zone 
(operating in the cooling mode) to be discharged into another 
calling for heat. This function reduces the load on the outdoor unit 
and improves overall system performance and utility.
     Variable speed indoor and outdoor high efficiency fan 
motors to precisely control operating pressures and airflow rates.
     Electronically controlled expansion valves to precisely 
control refrigerant flow, superheat, sub-cooling, pump down 
functions and even oil flow throughout the system.
     Indoor units comprising a wide variety of static 
pressure ratings.

Basic Models for Which a Waiver From Test Procedure Is Requested

    Daikin requests a waiver from test procedures for the following 
basic model groups:
     VRV Series Outdoor Units:
     [cir] RXYQ Series, Heat Pumps with nominally rated capacities 
of 72,000 and 96,000 BTU/Hr.
     [cir] REYQ Series, Heat Recovery units with nominally rated 
capacities of 72,000 and 96,000 BTU/Hr.
     VRV-S Series Outdoor Units:
     [cir] RXYMQ Series, Heat Pumps with nominal capacities of 
36,000, 48,000 and 60,000 BTU/Hr.
     Compatible Indoor Units for Above Listed Outdoor Units:
     [cir] FXAQ Series all mounted indoor units with nominally rated 
capacities of 7,000, 9,000, 12,000, 18,000 and 24,000 BTU/Hr.
     [cir] FXLQ Series floor mounted indoor units with nominally 
rated capacities of 12,000, 18,000 and 24,000 BTU/Hr.
     [cir] FXNQ Series concealed floor mounted indoor units with 
nominally rated capacities of 12,000, 18,000 and 24,000 BTU/Hr.
     [cir] FXDQ Series low static ducted indoor units with nominally 
rated capacities of 7,000, 9,000, 12,000, 18,000 and 24,000 BTU/Hr.
     [cir] FXSQ Series medium static ducted indoor units with 
nominally rated capacities of 7,000, 9,000, 12,000, 18,000, 24,000, 
30,000, 36,000 and 48,000 BTU/Hr.
     [cir] FXMQ Series high static ducted indoor units with 
nominally rated capacities of 30,000, 36,000 and 48,000 BTU/Hr.
     [cir] FXZQ Series recessed cassette indoor units with nominally 
rated capacities of 7,000, 9,000, 12,000, 18,000 and 24,000 BTU/Hr.
     [cir] FXFQ Series recessed cassette indoor units with nominally 
rated capacities of 12,000, 18,000, 24,000, 30,000 and 36,000 BTU/
Hr.
     [cir] FXHQ Series ceiling suspended indoor units with nominally 
rated capacities of 12,000, 24,000 and 36,000 BTU/Hr.

Test Procedures Applicable to Requested Waiver

    DUS seeks a waiver to the test procedures as identified in ARI 
210/240 (2003); Unitary Air Conditioning and Air Source Heat Pump 
Equipment and to ARI 340/360 (2004); Performance Rating of 
Commercial and Industrial Unitary Air Conditioning and Heat Pump 
Equipment. Although the capacity of Daikin's VRV and VRV-S product 
offering fit within the scope of these standards, the basic design 
of the product is not commensurate with the intent of the standards. 
The testing procedures outlined in these standards do not make 
provisions for:
     Testing products with a large quantity of indoor units 
operating simultaneously.
     Testing of multi-split products whereas all connected 
indoor units physically cannot be located in a single room.
     Having indoor units operating at several different 
static pressure ratings during a single test.
     The precise number of part load tests required (ARI 
340/360) for fully or infinitely variable speed products are not 
identified.
     ARI 210/240 and ARI 340/360 provide no direction about 
how to test systems that have millions of combinations of indoor 
units configurable to a single outdoor unit.
     ARI 210/240 and ARI 340/360 do not provide a test 
method to measure part load performance of a system operating in 
simultaneous operation (performing both heating and cooling 
functions at the same time).

Alternative Test Procedures

    There are no alternative test procedures available within the 
United States to provide a means to test and to rate the performance 
of such variable speed, multi-split, multi-zone product types. A 
draft ISO standard (ISO CD 15042 Multi-Split Systems) is nearing 
completion and will soon be distributed as a Draft Internal Ballot 
for comments. The actual final completion date of this ISO standard 
is unknown. The Engineering Committee of ARI's Ductless Section is 
also evaluating possible methods to provide testing and rating of 
such systems but no conclusion has been achieved as of this date.

Manufacturers of Similar Models Incorporating the Same Design 
Characteristics

    Manufacturers of similar product within the United States market 
are:
     Samsung Electronics Co., Ltd.
     Sanyo Fisher (USA) Corp.
     Mitsubishi Electric & Electronics USA, Inc.
     Fujitsu General America
     Environmaster International
     LG Electronics USA, Inc.

Summary

    As ruled in the Federal Register (page 52,660, Vol. 69, no. 166/
Friday, August 27, 2004/Notices) DOE has previously concluded that 
the testing of product with the same design characteristic of 
Daikin's VRV and VRV-S product is not feasible under currently 
established test methods as a result of:
     ``Test laboratories cannot test products with so many 
indoor units''
     ``And there are too many possible combinations of 
indoor and outdoor units to test.''
    Daikin U.S. Corporation respectfully asks that DOE grant the 
same waiver of test procedure for the VRV and VRV-S product design 
until a suitable test method is determined. Failure to receive such 
waiver or exemption from test standards would prevent Daikin U.S. 
from marketing our product even though DOE has previously granted 
waiver for other products currently in the market with similar 
design characteristics.
    It is the goal of Daikin U.S. to work closely with DOE, ARI and 
other agencies in an effort to define an acceptable testing 
procedure as soon as possible. This type of product provides 
superior comfort to the end user, allows for independent zoning of 
facilities from a single outdoor unit, and incorporates state of the 
art technology such as variable speed compressors utilizing 
neodymium magnets to increase efficiency and electronic control of 
compressor speed, fan speed and even metering device opening 
positions. This type of product introduces technologies that will 
not only increase system efficiency and reduce National Energy 
Consumption but it also brings about a new level of comfort and 
control of end users.
    We would be pleased to respond to any questions you may have 
regarding this

[[Page 35991]]

Petition for Waiver of Test Procedure. Please direct such comments 
and questions to Gary Nettinger, Director of Product Support at 404-
395-8333, by e-mail at ny.com">gary.nettinger@daikin-ny.com, or by mail at 
65 Millennial Ct., Lawrenceville, GA 30045.

Sincerely,

Yoshinobu Inoue,
President; Daikin U.S. Corporation,
375 Park Avenue, Suite 3308, New York, NY 10152

[FR Doc. E7-12733 Filed 6-29-07; 8:45 am]
BILLING CODE 6450-01-P