[Federal Register Volume 74, Number 66 (Wednesday, April 8, 2009)]
[Notices]
[Pages 15955-15958]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-7940]



[[Page 15955]]

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DEPARTMENT OF ENERGY

[Case No. CAC-019]


Energy Conservation Program for Commercial Equipment: Decision 
and Order Granting a Waiver to Daikin AC (Americas), Inc. From the 
Department of Energy Commercial Package Air Conditioner and Heat Pump 
Test Procedures

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

ACTION: Decision and order.

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SUMMARY: This notice publishes the Department of Energy's Decision and 
Order in Case No. CAC-019, which grants a waiver to Daikin AC 
(Americas), Inc. (Daikin) from the existing Department of Energy (DOE) 
test procedure applicable to commercial package central air 
conditioners and heat pumps. The waiver is specific to the Daikin 
variable speed and variable refrigerant volume (VRV-III) (commercial) 
multi-split heat pumps and heat recovery systems. As a condition of 
this waiver, Daikin must test and rate its VRV-III multi-split products 
according to the alternate test procedure set forth in this notice.

DATES: This Decision and Order is effective April 8, 2009, 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-III 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, 
1000 Independence Avenue, SW., Washington, DC 20585-0121. Telephone: 
(202) 586-9611. E-mail: [email protected].
    Francine Pinto or Michael Kido, U.S. Department of Energy, Office 
of the General Counsel, Mail Stop GC-72, 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 431.401(f)(4), DOE 
gives notice of the issuance of its Decision and Order as set forth 
below. In this 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-III multi-split products, subject to a 
condition requiring Daikin to test and rate its VRV-III multi-split 
products pursuant to the alternate test procedure provided in this 
notice. Further, today's decision 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 in 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. 6314(d))
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    \1\ 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))

    Issued in Washington, DC, on March 30, 2009.
Steven G. Chalk,
Principal Deputy Assistant Secretary, Energy Efficiency and Renewable 
Energy.

Decision and Order

    In the Matter of: Daikin AC (Americas) Inc., (Daikin) (Case No. 
CAC-019).

Background

    Title III of the Energy Policy and Conservation Act (EPCA) sets 
forth a variety of provisions concerning energy efficiency, including 
Part A\3\ of Title III which establishes the ``Energy Conservation 
Program for Consumer Products Other Than Automobiles.'' (42 U.S.C. 
6291-6309) Similar to the program in Part A, Part A-1\4\ of Title III 
provides for an energy efficiency program titled, ``Certain Industrial 
Equipment,'' which includes large and small commercial air conditioning 
equipment, package boilers, storage water heaters, and other types of 
commercial equipment. (42 U.S.C. 6311-6317)
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    \3\ Part B of Title III of EPCA was redesignated Part A in the 
United States Code for editorial reasons.
    \4\ Part C of Title III of EPCA was redesignated Part A-1 in the 
United States Code for editorial reasons.
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    Today's notice involves commercial equipment under Part A-1. The 
statute specifically includes definitions, test procedures, labeling 
provisions, energy conservation standards, and provides the Secretary 
of Energy (the Secretary) with the authority to require information and 
reports from manufacturers. 42 U.S.C. 6311-6317. With respect to test 
procedures, the statute generally authorizes the Secretary to prescribe 
test procedures that are reasonably designed to produce test results 
which reflect energy efficiency, energy use, and estimated annual 
operating costs, and that are not unduly burdensome to conduct. (42 
U.S.C. 6314(a)(2))
    For commercial package air-conditioning and heating equipment, EPCA 
provides that ``the test procedures shall be those generally accepted 
industry testing procedures or rating procedures developed or 
recognized by the Air-Conditioning and Refrigeration Institute or by 
the American Society of Heating, Refrigerating and Air-Conditioning 
Engineers, 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), the Secretary must amend the test procedure for a 
covered commercial product if the applicable 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 Air-
Conditioning and Refrigeration Institute (ARI) Standard 210/240-2003 
for small commercial package air-cooled air conditioning and heating 
equipment with capacities <65,000 British thermal units per hour (Btu/
h) and ARI Standard 340/360-2004 for large commercial package air-
cooled air conditioning and heating equipment with capacities >=65,000 
Btu/h and <240,000 Btu/h. Id. at 71371. Pursuant to this final rule, 
DOE's regulations at 10 CFR 431.95(b)(1)-(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 cooling capacities of Daikin's VRV-III VRF commercial 
multi-split products, which have capacities between 72,000 Btu/hr and 
240,000 Btu/hr, fall in the range covered by ARI Standard 340/360-2004.
    In addition, DOE's regulations contain provisions allowing a person 
to seek a waiver for a particular basic model from the test procedure 
requirements for covered commercial equipment if that basic model 
contains one or more design characteristics which prevent testing 
according to the prescribed test procedures, or if the prescribed test 
procedures may evaluate the basic model in a manner so unrepresentative

[[Page 15956]]

of its true energy consumption characteristics as to provide materially 
inaccurate comparative data. 10 CFR 431.401(a)(1). The waiver 
provisions for commercial equipment are found at 10 CFR 431.401 and are 
substantively identical to those for covered consumer products. A 
waiver petition must include any alternate test procedures known to 
evaluate characteristics of the basic model in a manner representative 
of its energy consumption. 10 CFR 431.401(b)(1)(iii). The Assistant 
Secretary for Energy Efficiency and Renewable Energy (Assistant 
Secretary) may grant a waiver subject to conditions, including 
adherence to alternate test procedures. 10 CFR 431.401(f)(4). In 
general, a waiver terminates on the effective date of a final rule, 
published in the Federal Register, 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 431.401(g).
    The waiver process also allows any interested person who has 
submitted a Petition for Waiver to file an Application for Interim 
Waiver from the applicable test procedure requirements. 10 CFR 
431.401(a)(2). An Interim Waiver will terminate 180 days after issuance 
or upon the issuance of DOE's determination on the Petition for Waiver, 
whichever occurs first, which may be extended by DOE for an additional 
180 days. 10 CFR 431.401(e)(4).
    On August 31, 2007, Daikin filed a Petition for Waiver and an 
Application for Interim Waiver from the test procedures applicable to 
small and large commercial package air-cooled air-conditioning and 
heating equipment. The applicable test procedure is ARI 340/360-2004, 
because, as discussed above, this is the test procedure specified in 
Tables 1 and 2 to 10 CFR 431.96. On January 7, 2008, DOE published 
Daikin's Petition for Waiver in the Federal Register and granted the 
Application for Interim Waiver. 73 FR 1207.
    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 multi-split 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. Id. at 14861. 
Comments were published along with the MEUS Decision and Order in the 
Federal Register on April 9, 2007. 72 FR 17528 (April 9, 2007). Most of 
the comments responded favorably to DOE's proposed alternate test 
procedure. Id. at17529. 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. Id. The MEUS Decision and 
Order included the alternate test procedure adopted by DOE. Id
    DOE received no comments on the Daikin petition.

Assertions and Determinations

Daikin's Petition for Waiver
    Daikin seeks a waiver from the DOE test procedures for this product 
class on the grounds that its VRV-III multi-split heat pump and heat 
recovery systems contain design characteristics that prevent testing 
according to the current DOE test procedures. Specifically, 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 waivers that DOE granted to MEUS, Fujitsu General 
Ltd. (Fujitsu), and Samsung Air Conditioning (Samsung) for similar 
lines of commercial multi-split air-conditioning systems:
     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) (MEUS); 72 FR 17528 
(April 9, 2007) (MEUS); 72 FR 71383 (December 17, 2007) (Fujitsu); 72 
FR 71387 (December 17, 2007) (Samsung).
    Further, Daikin states that its VRV-III indoor units have nine 
different indoor static pressure ratings, and the test procedure does 
not provide for operation of indoor units at several different static 
pressure ratings during a single test. The indoor units are designed to 
operate at many different external static pressure values, which 
compounds the difficulty of testing. The number of connectable indoor 
units for each outdoor unit ranges up to 64. A testing facility could 
not manage proper airflow at several different external static pressure 
values to the many indoor units that would be connected to a VRV-III 
outdoor unit. Daikin further states that its VRV-III products' 
capability to perform simultaneous heating and cooling is not captured 
by the DOE test procedure. Notwithstanding this fact, DOE is required 
by EPCA to use the full-load descriptor Energy Efficiency Ratio (EER) 
for these products, and simultaneous heating and cooling does not occur 
when operating at full load.
    Accordingly, Daikin requests that DOE grant a waiver from the 
applicable test procedures for its VRV-III product designs, until a 
suitable test procedure can be prescribed. DOE believes that the VRV-
III Daikin equipment and equipment for which waivers have previously 
been granted are alike with respect to the factors that make them 
eligible for test procedure waivers. DOE is therefore granting to 
Daikin a VRV-III product waiver similar to the previous MEUS multi-
split waivers.
    Previously, in addressing MEUS's R410A CITY MULTI VRFZ products, 
which are similar to the Daikin products at issue here, 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 14861.
    Daikin did not include an alternate test procedure in its Petition 
for Waiver. However, in response to two recent Petitions for Waiver 
from MEUS, DOE specified an alternate test procedure to provide a basis 
from which MEUS could test and make valid energy efficiency 
representations for its R410A CITY MULTI products, as well as for its 
R22 multi-split products. Alternate test procedures related to the MEUS 
petitions were published in the Federal Register on April 9, 2007. 72 
FR 17528; 72 FR 17533.
    To enable Daikin to make energy efficiency representations for its 
specified VRV-III multi-split products, DOE has decided to require 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 waiver for MEUS's R22 and R410A 
products, which was published at 72 FR 17528.

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    In general, DOE understands that existing testing facilities have a 
limited ability to test multiple indoor units at one time, and the 
number of possible combinations of indoor and outdoor units for some 
variable refrigerant flow zoned systems is impractical to test. We 
further note that subsequent to the waiver that DOE granted for MEUS's 
R22 multi-split products, ARI formed a committee to discuss the issue 
and to work on developing an appropriate testing protocol for variable 
refrigerant flow systems. However, to date, no additional test 
methodologies have been adopted by the committee or submitted to DOE.
    Therefore, as discussed below, as a condition for granting this 
Waiver to Daikin, DOE is including an alternate test procedure similar 
to those granted to MEUS for its R22 and R410A products. DOE is issuing 
today's Decision and Order granting Daikin a test procedure waiver for 
its commercial VRV-III multi-split heat pumps, 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.
Alternate Test Procedure
    The alternate test procedure developed in conjunction with the MEUS 
waiver 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 
eight \5\ 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 as set forth below.
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    \5\ The ``tested combination'' was originally defined to consist 
of one outdoor unit matched with between 2 and 5 indoor units. The 
maximum number of indoor units in a tested combination is here 
increased from 5 to 8 to account for the fact that these larger-
capacity products can accommodate a greater number of indoor units.
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    Second, having an alternate DOE test procedure that can be applied 
to its products allows Daikin to represent the energy efficiency of 
that product. These representations must fairly disclose the results of 
such testing. The DOE test procedure, as modified by the alternate test 
procedure set forth in this Decision and Order, provides for efficiency 
rating of a non-tested combination in one of two ways: (1) At an energy 
efficiency level determined under a DOE-approved alternative rating 
method; or (2) if the first method is not available, then 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.
    As in the MEUS matter, DOE believes that allowing Daikin to make 
energy efficiency representations for non-tested combinations by 
adopting this alternative test procedure as described above is 
reasonable because the outdoor unit is the principal efficiency driver. 
The current DOE test procedure for commercial products tends to rate 
these products conservatively. 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 current test 
procedure, which requires full-load testing. Full load testing, under 
which the entire building would require cooling, disadvantages these 
products because they are optimized for their highest efficiency when 
operating with less than full loads. Therefore, the alternate test 
procedure will provide a conservative basis for assessing the energy 
efficiency for such products.
    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 be 
subject to meeting 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 and 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 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 the Department decided 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. 72 FR 
17529. Commenters responding to that prior notice generally agreed that 
an alternate test procedure is appropriate for an interim period while 
a final test procedure for these products is being developed. Id.
    Based on the discussion above, DOE believes that the testing 
problems described above would prevent testing of Daikin's VRV-III 
multi-split products according to the test procedure currently 
prescribed in 10 CFR 431.96 (ARI Standard 340/360-2004) and 
incorporated by reference in DOE's regulations at 10 CFR 431.95(b)(2). 
After careful consideration, DOE has decided to adopt the proposed 
alternate test procedure for Daikin's commercial water-source products, 
with the clarifications discussed above.
Consultations With Other Agencies
    DOE consulted with the 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 materials submitted by 
Daikin, the absence of any comments, and consultation with the FTC 
staff, it is ordered that:
    (1) The ``Petition for Waiver'' filed by Daikin AC (Americas), 
Inc., (Daikin) (Case No. CAC-019) is hereby granted as set forth in the 
paragraphs below.
    (2) Daikin shall not be required to test or rate its VRV-III VRF 
multi-split air conditioner and heat pump models listed below on the 
basis of the currently applicable test procedure cited in 10 CFR 
431.96, specifically, 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).

VRV-III Series Outdoor Units

460V/3-phase/60Hz Models

     Heat Pump models RXYQ72PYDN, RXYQ96PYDN, RXYQ120PYDN,

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RXYQ144PYDN, RXYQ168PYDN, RXYQ192PYDN, RXYQ216PYDN, RXYQ240PYDN with 
nominally rated cooling capacities of 72,000, 96,000, 120,000, 144,000, 
168,000, 192,000, 216,000, and 240,000, respectively.
     Heat Recovery models REYQ72PYDN, REYQ96PYDN, REYQ120PYDN, 
REYQ144PYDN (2x REMQ72PYDN), REYQ168PYDN (1x REMQ96PYDN + 1x 
REMQ72PYDN), REYQ192PYDN (1x REMQ120PYDN + 1x REMQ72PYDN), REYQ216PYDN 
(1x REMQ120PYDN + 1x REMQ96PYDN), REYQ240PYDN (2x REMQ120PYDN) with 
nominally rated cooling capacities of 72,000, 96,000, 120,000, 144,000, 
168,000, 192,000, 216,000, and 240,000 respectively.

208-230V/3-phase/60Hz Models

     Heat Pump models RXYQ72PTJU, RXYQ96PTJU, RXYQ120PTJU, 
RXYQ144PTJU, RXYQ168PTJU, RXYQ192PTJU, RXYQ216PTJU, RXYQ240PTJU with 
nominally rated cooling capacities of 72,000, 96,000, 120,000, 144,000, 
168,000, 192,000, 216,000, and 240,000 respectively.
     Heat Recovery models REYQ72PTJU, REYQ96PTJU, REYQ120PTJU, 
REYQ144PTJU, REYQ168PTJU (1x REMQ96PTJU + 1x REMQ72PTJU), REYQ192PTJU 
(1x REMQ120PTJU + 1x REMQ72PTJU), REYQ216PTJU (1x REMQ120PTJU + 1x 
REMQ96PTJU), REYQ240PTJU (2x REMQ120PTJU) with nominally rated cooling 
capacities of 72,000, 96,000, 120,000, 144,000, 168,000, 192,000, 
216,000, and 240,000 respectively.

Compatible Indoor Units for Above-Listed Outdoor Units:

     FXAQ Series all mounted indoor units with nominally rated 
capacities of 7,500, 9,500, 12,000, 18,000 and 24,000 BTU/Hr.
     FXLQ Series floor mounted indoor units with nominally 
rated capacities of 7,500, 9,500, 12,000, 18,000 and 24,000 BTU/Hr.
     FXNQ Series concealed floor mounted indoor units with 
nominally rated capacities of 7,500, 9,500, 12,000, 18,000 and 24,000 
BTU/Hr.
     FXDQ Series low static ducted indoor units with nominally 
rated capacities of 7,500, 9,500, 12,000, 18,000 and 24,000 BTU/Hr.
     FXSQ Series medium static ducted indoor units with 
nominally rated capacities of 7,500, 9,500, 12,000, 18,000, 24,000, 
30,000, 36,000, 48,000, 72,000 and 96,000 BTU/Hr.
     FXMQ Series high static ducted indoor units with nominally 
rated capacities of 18,000, 24,000, 30,000, 36,000 48,000, 72,000 and 
96,000 BTU/Hr.
     FXZQ Series recessed cassette indoor units with nominally 
rated capacities of 7,500, 9,500, 12,000, 15,000 and 18,000 BTU/Hr.
     FXFQ Series recessed cassette indoor units with nominally 
rated capacities of 12,000, 18,000, 24,000, 30,000 and 36,000 BTU/Hr.
     FXHQ Series ceiling suspended indoor units with nominally 
rated capacities of 12,000, 24,000 and 36,000 BTU/Hr.
     FXOQ Series ceiling suspended indoor units with nominally 
rated capacities of 12,000, 18,000, 24,000, 30,000, 36,000, 42,000 and 
48,000 BTU/Hr.
     FXMQ-MF Series concealed ducted indoor units with 
nominally rated capacities of 48,000, 72,000, and 96,000 BTU/Hr.
    (3) Alternate test procedure.
    (A) Daikin shall be required to test the products listed in 
paragraph (2) above according to the test procedure for central air 
conditioners and heat pumps prescribed by DOE at 10 CFR Part 431 (ARI 
340/360-2004, (incorporated by reference in 10 CFR 431.95(b)(2)), 
except that 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-III 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 eight indoor units; for multi-split systems, each 
of these indoor units shall be designed for individual operation.
    (ii) The indoor units shall:
    (a) Represent the highest sales model family, or another indoor 
model family if the highest sales model family does not provide 
sufficient capacity (see b);
    (b) Together, have a nominal cooling capacity that is between 95 
percent and 105 percent of the nominal cooling capacity of the outdoor 
unit;
    (c) Not, individually, have a nominal cooling capacity greater than 
50 percent of the nominal cooling capacity of the outdoor unit;
    (d) Operate at fan speeds that are consistent with the 
manufacturer's specifications; and
    (e) All be subject to the same minimum external static pressure 
requirement.
    (C) Representations. In making representations about the energy 
efficiency of its VRV-III 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-III multi-split combinations tested in accordance with 
this alternate test procedure, Daikin may make representations based on 
these test results.
    (ii) For VRV-III multi-split combinations that are not tested, 
Daikin may make representations 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 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 Order until the effective date of a DOE final rule prescribing 
amended test procedures appropriate to the model series manufactured by 
Daikin listed above.
    (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 March 30, 2009.
Steven G. Chalk,
Principal Deputy Assistant Secretary, Energy Efficiency and Renewable 
Energy.
[FR Doc. E9-7940 Filed 4-7-09; 8:45 am]
BILLING CODE 6450-01-P