[Federal Register Volume 73, Number 133 (Thursday, July 10, 2008)]
[Notices]
[Pages 39680-39684]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-15705]


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DEPARTMENT OF ENERGY

[Case No. CAC-011]


Energy Conservation Program for Consumer Products: Decision and 
Order Granting a Waiver to Daikin U.S. Corporation From the Department 
of Energy Commercial Package Air Conditioner and Heat Pump Test 
Procedures and Denying a Waiver From the Residential Central Air 
Conditioner and Heat Pump Test Procedures

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

ACTION: Decision and Order.

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SUMMARY: This notice publishes the Department of Energy's Decision and 
Order in Case No. CAC-011, which grants a waiver to Daikin U.S. 
Corporation (Daikin) from the existing Department of Energy (DOE) 
commercial package air conditioner and heat pump test procedures for 
specified VRV (commercial) Variable Refrigerant Volume multi-split heat 
pumps and heat recovery systems. As a condition of this waiver, Daikin 
must test and rate its VRV multi-split products according to the 
alternate test procedure as set forth in this notice. DOE is denying as 
moot Daikin's request for a waiver from the residential central air 
conditioner and heat pump test procedures, because those test 
procedures, as amended and currently effective, can be used to test 
Daikin's VRV-S (residential) products.

DATES: This Decision and Order is effective July 10, 2008, and will 
remain in effect until the effective date of a DOE final rule 
prescribing amended test procedures appropriate for the model series of 
Daikin VRV multi-split central air conditioners and heat pumps covered 
by this waiver.

FOR FURTHER INFORMATION CONTACT: Dr. Michael G. Raymond, U.S. 
Department of Energy, Building Technologies Program, Mailstop EE-2J, 
Forrestal Building, 1000 Independence Avenue, SW., Washington, DC 
20585-0121. Telephone: (202) 586-9611. E-mail: 
[email protected].
    Ms. Francine Pinto or Mr. Eric Stas, U.S. Department of Energy, 
Office of General Counsel, Mailstop GC-72, Forrestal Building, 1000 
Independence Avenue, SW., Washington, DC 20585-0103. Telephone: (202) 
586-9507. E-mail: [email protected] or [email protected].

SUPPLEMENTARY INFORMATION: In accordance with 10 CFR 430.27(l) and 10 
CFR 431.401(f)(4), DOE gives notice of the issuance of its Decision and 
Order as set forth below. In the Decision and Order, DOE grants Daikin 
a waiver from the existing DOE commercial package air conditioner and 
heat pump test procedures \1\ for its VRV multi-split products, subject 
to a condition requiring Daikin to test and rate its VRV multi-split 
products pursuant to the alternate test procedure provided in this 
notice. Further, today's Decision and Order requires that Daikin may 
not make any representations concerning the energy efficiency of these 
products unless such product has been tested in accordance with the DOE 
test procedure, consistent with the provisions and restrictions of the 
alternate test procedure set forth in the Decision and Order below, and 
such representations fairly disclose the results of such testing.\2\ 
(42 U.S.C. 6293(c); 42 U.S.C. 6314(d))
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    \1\ For commercial products, the applicable test procedure is 
the Air-Conditioning and Refrigeration Institute (ARI) Standard 340/
360-2004, ``Performance Rating of Commercial and Industrial Unitary 
Air-Conditioning and Heat Pump Equipment'' (incorporated by 
reference at 10 CFR 431.95(b)(2)).
    \2\ Consistent with the statute, distributors, retailers, and 
private labelers are held to the same standard when making 
representations regarding the energy efficiency of these products. 
(42 U.S.C. 6293(c); 42 U.S.C. 6314(d)).
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    DOE is denying as moot Daikin's request for a waiver from the DOE 
residential central air conditioner and

[[Page 39681]]

heat pump test procedures \3\ for its VRV-S multi-split products. As 
amended, the applicable DOE test procedure for these residential 
products will allow Daikin to test and rate its residential VRV-S 
multi-split products.
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    \3\ For residential products, the applicable test procedure is 
set forth in 10 CFR part 430, subpart B, Appendix M.


    Issued in Washington, DC, on June 23, 2008.
Alexander A. Karsner,
Assistant Secretary, Energy Efficiency and Renewable Energy.

Decision and Order

    In the Matter of: Daikin U.S. Corporation (Daikin) (Case No. CAC-
011).

Background

    Title III of the Energy Policy and Conservation Act (EPCA) sets 
forth a variety of provisions concerning energy efficiency, including 
Part A of Title III which establishes the ``Energy Conservation Program 
for Consumer Products Other Than Automobiles.'' \4\ (42 U.S.C. 6291-
6309) Similar to the Program in Part A, Part A-1 of Title III provides 
for an energy efficiency program titled, ``Certain Industrial 
Equipment,'' which includes commercial air conditioning equipment, 
package boilers, water heaters, and other types of commercial 
equipment.\5\ (42 U.S.C. 6311-6317)
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    \4\ This part was originally titled Part B; however, it was 
redesignated Part A, after Part B of Title III was repealed by Pub. 
L. 109-58.
    \5\ This part was originally titled Part C; however, it was 
redesignated Part A-1, after Part C of Title III was repealed by 
Pub. L. 109-58.
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    Today's notice involves residential products under Part A, as well 
as commercial equipment under Part A-1. Both parts specifically provide 
for definitions, test procedures, labeling provisions, energy 
conservation standards, and the authority to require information and 
reports from manufacturers. Further, both parts generally authorize the 
Secretary of Energy (the Secretary) to prescribe test procedures that 
are reasonably designed to produce results which measure energy 
efficiency, energy use, or 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))
    Relevant to the current Petition for Waiver, the test procedure for 
residential central air conditioning and heat pump products is set 
forth in 10 CFR part 430, subpart B, Appendix M. On October 22, 2007, 
DOE amended the test procedures for residential central air 
conditioners and central air conditioning heat pumps to implement test 
procedure changes for small-duct, high-velocity systems, two-capacity 
units, and to update references to the current American Society of 
Heating, Refrigerating, and Air-Conditioning Engineers (ASHRAE) 
standards. 72 FR 59906. The October 22, 2007, final rule became 
effective on April 21, 2008. These amendments to the DOE test 
procedures set forth in 10 CFR part 430, subpart B, Appendix M now 
allow Daikin to test its VRV-S residential multi-split air conditioners 
and heat pumps. Therefore, a waiver is no longer necessary for Daikin's 
VRV-S residential multi-split air conditioners and heat pumps. 
Accordingly, the following discussion will focus only on Daikin's 
commercial VRV products, for which its waiver request remains 
pertinent.
    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), this section also directs the Secretary to amend the 
test procedure for a covered commercial product if the industry test 
procedure is amended, unless the Secretary determines 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. DOE adopted ARI 
Standard 210/240-2003 for commercial package air conditioning and 
heating equipment with capacities <65,000 British thermal units per 
hour (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. Pursuant to this rulemaking, DOE's 
regulations at 10 CFR 431.95(b)(2) incorporate by reference the 
relevant ARI standards, and 10 CFR 431.96 directs manufacturers of 
commercial package air conditioning and heating equipment to use the 
appropriate procedure when measuring energy efficiency of those 
products. (The capacities of Daikin's commercial VRV multi-split 
products fall in the ranges covered by ARI Standard 340/360-2004.)
    DOE's regulations for covered products contain provisions allowing 
a person to seek a waiver from the test procedure requirements for 
covered consumer products, for which the petitioner's 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). The waiver 
provisions for commercial equipment are substantively identical to 
those for covered consumer products and are found at 10 CFR 431.401. 
Petitioners must include in their petition any alternate test 
procedures known to evaluate the basic model in a manner representative 
of its energy consumption. 10 CFR 430.27(b)(1)(iii); 10 CFR 
431.401(b)(1)(iii).
    The Assistant Secretary for Energy Efficiency and Renewable Energy 
(the Assistant Secretary) may grant a waiver subject to conditions, 
including adherence to alternate test procedures. 10 CFR 430.27(l); 10 
CFR 431.401(f)(4). Waivers generally terminate on the effective date of 
a final rule which prescribes amended test procedures appropriate to 
the model series manufactured by the petitioner, thereby eliminating 
any need for the continuation of the waiver. 10 CFR 430.27(m); 10 CFR 
430.401(g).
    The waiver process contained in DOE's regulations also allows any 
interested person who has submitted a Petition for Waiver to file an 
Application for Interim Waiver of the applicable test procedure 
requirements. 10 CFR 430.27(a)(2); 10 CFR 431.401(a)(2). The Assistant 
Secretary will grant an Interim Waiver request if it is determined that 
the applicant will experience economic hardship if the 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 of the Petition for Waiver. 10 CFR 430.27(g); 10 CFR 
431.401(e)(3). An Interim Waiver remains in effect for a period of 180 
days or until DOE issues its determination on the Petition for Waiver, 
whichever occurs first, and may be extended by DOE for 180 days, if 
necessary. 10 CFR 430.27(h); 10 CFR 431.401(e)(4).
    On May 12, 2005, Daikin filed a Petition for Waiver and an 
Application for Interim Waiver from the test

[[Page 39682]]

procedures applicable to its VRV-S and VRV lines of residential and 
commercial multi-split air conditioning and heating equipment. Daikin's 
petition requested a waiver from both the residential and commercial 
test procedures. As stated above, the applicable residential test 
procedures are contained in 10 CFR part 430, subpart B, Appendix M, and 
the applicable commercial test procedures are contained in ARI Standard 
340/360-2004 \6\ (incorporated by reference at 10 CFR 431.95(b)(2)). 
Daikin requested a waiver from the applicable test procedures because 
it argued that the design characteristics of its VRV-S and VRV systems 
prevent testing according to the currently prescribed test procedures.
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    \6\ In its petition, Daikin also requested a waiver from ARI 
Standard 210/240-2003 (incorporated by reference at 10 CFR 
431.95(b)(1)). However, based on a review of the products listed by 
Daikin in its petition, DOE has determined that none of these 
products has the combined features (i.e., three-phase power and 
rated capacity less than 65,000 Btu/h) as would necessitate a waiver 
from ARI Standard 210/240-2003.
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    On July 2, 2007, DOE published in the Federal Register Daikin's 
Petition for Waiver and published notice of the granting of the 
Application for Interim Waiver which had been granted on August 14, 
2006. 72 FR 35986. In a similar and relevant case, DOE published a 
Petition for Waiver from Mitsubishi Electric and Electronics USA, Inc. 
(MEUS) for products very similar to Daikin's VRV-S and VRV products. 71 
FR 14858 (March 24, 2006). In the March 24, 2006 Federal Register 
notice, DOE also published and requested comment on an alternate test 
procedure for the MEUS products at issue. DOE stated that if it 
specified an alternate test procedure for MEUS in the subsequent 
Decision and Order, DOE would consider applying the same procedure to 
similar waivers for residential and commercial central air conditioners 
and heat pumps, including such products for which waivers had 
previously been granted. Most of the comments responded favorably to 
DOE's proposed alternate test procedure. Also, there was general 
agreement that an alternate test procedure is necessary while a final 
test procedure for these types of products is being developed. The MEUS 
Decision and Order, including the alternate test procedure, was 
published in the Federal Register on April 9, 2007. 72 FR 17528.
    DOE received no comments on the Daikin Petition.

Assertions and Determinations

Daikin's Petition for Waiver
    On May 12, 2005, Daikin submitted a Petition for Waiver and an 
Application for Interim Waiver from the test procedures applicable to 
residential and commercial package air conditioning and heating 
equipment for its new VRV-S and VRV multi-split products. Daikin's 
petition presented several arguments in support of its claim that the 
design characteristics of its VRV-S and VRV multi-split systems prevent 
testing according to the currently prescribed test procedures. Daikin 
claimed that there are the following difficulties with applying the 
test procedures: (1) There is no provision to accommodate having indoor 
units operating at several different static pressure ratings during a 
single test; (2) The precise number of part-load tests required for 
fully or infinitely variable speed products are not identified; (3) 
There is no direction about how to test systems that have millions of 
combinations of indoor units configurable to a single outdoor unit; (4) 
There is no test method to measure part-load performance of a system 
performing both heating and cooling functions at the same time.
    Therefore, the Daikin Petition requested that DOE grant a waiver 
from existing test procedures until such time as a representative test 
procedure is developed and adopted for this class of products. Daikin 
did not include an alternate test procedure in its Petition for Waiver. 
(However, DOE understands that Daikin is actively working with ARI to 
develop test procedures that accurately reflect the operation and 
energy consumption of these particular product designs.\7\)
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    \7\ DOE understands that ARI is seeking to address this issue 
through promulgation of ARI Standard 1230. Once this standard has 
been formally adopted by ARI, it will then be ready for presentation 
to ASHRAE to be considered for incorporation into ASHRAE/IES 
Standard 90.1.
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    Regardless of their accuracy, DOE believes that these assertions 
are inapposite to the present case for the following reasons. First, 
for commercial systems, EPCA mandates use of the full-load energy 
efficiency ratio (EER) descriptor, and the relevant energy performance 
is the peak-load efficiency, not the seasonal energy savings. (42 
U.S.C. 6313(a)(1)(C)) A waiver can only be granted if a test procedure 
does not fairly represent the peak-load energy consumption 
characteristics, which EER measures. Nevertheless, there are 
deficiencies in the current DOE test methods and calculation algorithms 
when applied to multi-split systems. DOE has previously acknowledged 
these limitations in its current test procedure, and accordingly, MEUS 
was granted a waiver on the following grounds:
    1. No existing test procedure provides a method for testing and 
rating a system that utilizes one outdoor unit and sixteen indoor 
units.
    2. No existing test procedure can provide a method for rating 
systems where the type and capacity of the indoor unit can be mixed in 
the same system. The multi-split system can mix together six different 
indoor models with seven different capacities, resulting in over 1,000 
combinations.
    Given the present situation, Daikin can make the same claims 
regarding its VRV multi-split products. Therefore, the bases for 
Daikin's Petition for Waiver involve: (1) The problem of being 
physically unable to test most of the complete systems in a laboratory; 
(2) difficulties associated with the regulatory requirement to test the 
highest-sales-volume combination; and (3) the lack of a method for 
predicting the performance of untested combinations.
    As mentioned above, DOE recently addressed a situation regarding 
multi-split products that is relevant to the Daikin products at issue 
here. specifically, on March 24, 2006, DOE published in the Federal 
Register a Petition for Waiver from MEUS relating to its R410A CITY 
MULTI VRFZ products, which are very similar to Daikin's VRV multi-split 
products. 71 FR 14858. In that publication, DOE stated:

    To provide a test procedure from which manufacturers can make 
valid representations, the Department is considering setting an 
alternate test procedure for MEUS in the subsequent Decision and 
Order. Furthermore, if DOE specifies an alternate test procedure for 
MEUS, DOE is considering applying the alternate test procedure to 
similar waivers 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), Fujitsu's 
petition for its Airstage variable refrigerant flow (VRF) products 
(70 FR 5980, February 4, 2005), and MEUS's petition for its R22 CITY 
MULTI VRFZ products (69 FR 52660 (August 27, 2004)).

71 FR 14858, 14861 (March 24, 2006).

    Since that time, DOE has developed such an alternate test 
procedure. That alternate test procedure served as the basis for the 
October 22, 2007 final rule's relevant amendments to the test 
procedures for residential central air conditioners and central air 
conditioning heat pumps found at 10 CFR part 430, subpart B, Appendix 
M,

[[Page 39683]]

which became effective April 21, 2008. Since the residential test 
procedure is now in place for central air conditioners and central air 
conditioning heat pumps, this enables Daikin to make energy efficiency 
representations for its specified VRV-S residential multi-split 
products. Accordingly, a waiver for Daikin's residential units is no 
longer necessary. However, the same problem described above still 
applies to Daikin's commercial products. Therefore, DOE is issuing 
today's Decision and Order granting Daikin a test procedure waiver for 
its commercial VRV multi-split heat pumps and heat recovery systems, 
but is requiring the use of the alternate test procedure described 
below as a condition of Daikin's waiver. This alternate test procedure 
is substantially the same as the one that DOE applied to the MEUS 
waiver.
DOE's Alternate Test Procedure
    The alternate test procedure has two basic components. First, it 
permits Daikin to designate a ``tested combination'' for each model of 
outdoor unit. The indoor units designated as part of the tested 
combination must meet specific requirements. For example, the tested 
combination must have from two to five indoor units so that it can be 
tested in available test facilities. The tested combination must be 
tested according to the applicable DOE test procedure, as modified by 
the provisions of the alternate test procedure. Second, provision of a 
DOE test procedure that can be applied to Daikin's product allows it to 
represent the energy efficiency of that product, because any such 
representation must fairly disclose the results of such testing. The 
DOE test procedure, as modified by the alternate test procedure 
provided in this Decision and Order, provides for testing of a non-
tested combination in two ways: (1) At an energy efficiency level 
determined under a DOE-approved alternative rating method; or, if 
method (1) is not available, then (2) at the efficiency level of the 
tested combination utilizing the same outdoor unit. Until an 
alternative rating method is developed, all combinations with a 
particular outdoor unit may use the rating of the combination tested 
with that outdoor unit.
    DOE believes that allowing Daikin to make energy efficiency 
representations for non-tested combinations by adopting this alternate 
test procedure for its commercial products as described above is 
reasonable because the outdoor unit is the principal efficiency driver. 
The current test procedures for commercial products tend to rate these 
products conservatively. This is because the multi-zoning feature of 
these products, which enables them to cool only those portions of the 
building that require cooling, would be expected to use less energy 
than if the unit is operated to cool the entire home or a comparatively 
larger area of a commercial building in response to a single 
thermostat. This feature would not be captured by the test procedure, 
which requires full-load testing. Under full load, the entire building 
would require cooling. Additionally, the current test procedure for 
commercial equipment requires full-load testing, which disadvantages 
these products because they are optimized for best efficiency when 
operating with less than full loads. In fact, these products normally 
operate at part-load conditions. Therefore, the alternate test 
procedure will provide a conservative basis for assessing the energy 
efficiency for such commercial products.
    For today's Decision and Order, the changes made by the final rule 
published in the Federal Register on October 22, 2007 to 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 that apply to residential central air 
conditioners and heat pumps constitute mandatory elements of the 
alternate test procedure for the commercial products covered under this 
waiver. These changes allow indoor units to cycle off, allow the 
manufacturer to specify the compressor speed used during certain tests, 
and introduce a new algorithm for estimating power consumption.
    With regard to the laboratory testing of commercial products, some 
of the difficulties associated with the existing test procedure are 
avoided by the alternate test procedure's requirements for choosing the 
indoor units to be used in the manufacturer-specified tested 
combination. For example, in addition to limiting the number of indoor 
units, another requirement is that all of the indoor units must meet 
the same minimum external static pressure. This requirement allows the 
test lab to manifold the outlets from each indoor unit into a common 
plenum that supplies air to a single airflow measuring apparatus. This 
requirement eliminates situations in which some of the indoor units are 
ducted and some are non-ducted. Without this requirement, the 
laboratory must evaluate the capacity of a subgroup of indoor coils 
separately, and then sum the separate capacities to obtain the overall 
system capacity. This would require that the test laboratory must be 
equipped with multiple airflow measuring apparatuses (which is 
unlikely), or that the test laboratory connect its one airflow 
measuring apparatus to one or more common indoor units until the 
contribution of each indoor unit has been measured.
    Furthermore, DOE stated in the notice publishing the MEUS Petition 
for Waiver that if DOE decides to specify an alternate test procedure 
for MEUS, it would consider applying the procedure to waivers for 
similar residential and commercial central air conditioners and heat 
pumps produced by other manufacturers. 71 FR 14858, 14861 (March 24, 
2006). Most of the comments received by DOE in response to the March 
2006 notice favored the proposed alternate test procedure. The comments 
generally agreed that an alternate test procedure is appropriate for an 
interim period while a final test procedure for these products is being 
developed. Such action has been completed for residential central air 
conditioners and heat pumps.
    Based on the discussion above, DOE believes that the testing 
problems described above would prevent testing of Daikin's VRV basic 
models according to the test procedures currently prescribed in ARI 
Standard 340/360-2004. After careful consideration, DOE has decided to 
adopt the alternate test procedure for Daikin's commercial products, 
with the clarifications discussed above.
Consultations With Other Agencies
    DOE consulted with Federal Trade Commission (FTC) staff concerning 
the Daikin Petition for Waiver. The FTC staff did not have any 
objections to the issuance of a waiver to Daikin.

Conclusion

    After careful consideration of all the material that was submitted 
by Daikin and consultation with the FTC staff, it is ordered that:
    (1) The ``Petition for Waiver'' submitted by Daikin U.S. 
Corporation (Daikin) (Case No. CAC-011) is hereby granted as set forth 
in the paragraphs below.
    (2) Daikin shall not be required to test or rate its commercial 
Variable Refrigerant Volume (VRV) products listed below on the basis of 
the currently applicable test procedures (contained in ARI Standard 
340/360-2004 (incorporated by reference in 10 CFR 431.95(b)(2))), but 
shall be required to test and rate such products according to the 
alternate test procedure as set forth in paragraph (3).
    Outdoor units:
    1. RXYQ Series Heat Pumps with nominal capacities of 72 and 96 
kBtu/

[[Page 39684]]

h, when combined with two or more of the below listed indoor units.
    2. 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.
    (3) Alternate test procedure.
    (A) Daikin shall be required to test the products listed in 
paragraph (2) above according to those test procedures for central air 
conditioners and heat pumps prescribed by DOE at 10 CFR part 431, 
except that for those commercial products covered by 10 CFR part 431, 
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 
multi-split 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 two and five 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. In making representations about the energy 
efficiency of its VRV multi-split products, for compliance, marketing, 
or other purposes, Daikin must fairly disclose the results of testing 
under the DOE test procedure, doing so in a manner consistent with the 
provisions outlined below:
    (i) For VRV combinations tested in accordance with this alternate 
test procedure, Daikin must disclose these test results.
    (ii) For VRV combinations that are not tested, Daikin must make a 
disclosure 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; or
    (b) Representation of non-tested combinations at the same energy 
efficiency level as the tested combination with the same outdoor unit.
    (4) This waiver shall remain in effect from the date of issuance of 
this Decision and Order until the effective date of a DOE final rule 
prescribing amended test procedures appropriate to the above model 
series manufactured by Daikin.
    (5) This waiver is conditioned upon the presumed validity of 
statements, representations, and documentary materials provided by the 
petitioner. This waiver may be revoked or modified at any time upon a 
determination that the factual basis underlying the Petition for Waiver 
is incorrect, or DOE determines that the results from the alternate 
test procedure are unrepresentative of the basic models' true energy 
consumption characteristics.

Issued in Washington, DC, on June 23, 2008.
Alexander A. Karsner,
Assistant Secretary, Energy Efficiency and Renewable Energy.
 [FR Doc. E8-15705 Filed 7-9-08; 8:45 am]
BILLING CODE 6450-01-P