[Federal Register Volume 74, Number 239 (Tuesday, December 15, 2009)]
[Notices]
[Pages 66324-66330]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-29795]


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DEPARTMENT OF ENERGY

[Case No. CAC-025]


Energy Conservation Program for Certain Industrial Equipment: 
Publication of the Petition for Waiver From Daikin AC (Americas), Inc. 
and Granting of the Interim Waiver From the Department of Energy 
Commercial Package Air Conditioner and Heat Pump Test Procedure

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

ACTION: Notice of petition for waiver, granting of application for 
interim waiver, and request for comments.

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SUMMARY: This notice announces receipt of and publishes a petition for 
waiver from Daikin AC (Americas), Inc. (Daikin). The petition for 
waiver (hereafter ``petition'') requests a waiver from the U.S. 
Department of Energy (DOE) test procedure applicable to commercial 
package air-cooled central air conditioners and heat pumps. The 
petition is specific to the Daikin variable capacity VRV-III-C 
(commercial) multi-split heat pumps. Through this document, DOE: (1) 
Solicits comments, data, and information with respect to the Daikin 
Petition; and (2) announces the grant of an interim waiver to Daikin 
from the applicable DOE test procedure for the subject commercial air-
cooled, multi-split air conditioners and heat pumps.

DATES: DOE will accept comments, data, and information with respect to 
the Daikin Petition until, but no later than January 14, 2010.

ADDRESSES: You may submit comments, identified by case number ``CAC-
025,'' by any of the following methods:
     Federal eRulemaking Portal: http://www.regulations.gov. 
Follow the instructions for submitting comments.
     E-mail: [email protected]. Include either 
the case number [CAC-025], and/or ``Daikin Petition'' in the subject 
line of the message.
     Mail: Ms. Brenda Edwards, U.S. Department of Energy, 
Building Technologies Program, Mailstop EE-2J/1000 Independence Avenue, 
SW., Washington, DC 20585-0121. Telephone: (202) 586-2945. Please 
submit one signed original paper copy.
     Hand Delivery/Courier: Ms. Brenda Edwards, U.S. Department 
of Energy, Building Technologies Program, 950 L'Enfant Plaza SW., Suite 
600, Washington, DC 20024. Please submit one signed original paper 
copy.
    Instructions: All submissions received must include the agency name 
and case number for this proceeding. Submit electronic comments in 
WordPerfect, Microsoft Word, Portable Document Format (PDF), or text 
(American Standard Code for Information Interchange (ASCII)) file 
format and avoid the use of special characters or any form of 
encryption. Wherever possible, include the electronic signature of the 
author. DOE does not accept telefacsimiles (faxes).
    Any person submitting written comments must also send a copy of 
such comments to the petitioner, pursuant to 10 CFR 431.401(d). The 
contact information for the petitioner is: Mr. Lee Smith, Director of 
Product Marketing, Daikin AC (Americas), Inc.,

[[Page 66325]]

1645 Wallace Drive, Suite 110, Carrollton, Texas 75006.
    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 review the background documents 
relevant to this matter, you may visit the U.S. Department of Energy, 
950 L'Enfant Plaza SW., (Resource Room of the Building Technologies 
Program), Washington, DC, 20024; (202) 586-2945, between 9 a.m. and 4 
p.m., Monday through Friday, except Federal holidays. Available 
documents include the following items: (1) This notice; (2) public 
comments received; (3) the petition for waiver and application for 
interim waiver; and (4) prior DOE rulemakings regarding similar central 
air conditioning and heat pump equipment. Please call Ms. Brenda 
Edwards at the above telephone number for additional information 
regarding visiting the Resource Room.

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. Telephone: (202) 586-9611. E-mail: [email protected].
    Ms. Francine Pinto or Mr. Michael Kido, U.S. Department of Energy, 
Office of the General Counsel, Mail Stop GC-72, Forrestal Building, 
1000 Independence Avenue, SW., Washington, DC 20585-0103. Telephone: 
(202) 586-7432 or (202) 586-5827, respectively. E-mail: 
[email protected] or [email protected].

SUPPLEMENTARY INFORMATION:

I. Background and Authority

    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.'' (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. (42 U.S.C. 6311-6317)
    Today's notice involves commercial equipment under Part A-1. Part 
A-1 specifically includes definitions (42 U.S.C. 6311), test procedures 
(42 U.S.C. 6314), labeling provisions (42 U.S.C. 6315), energy 
conservation standards (42 U.S.C 6313), and the authority to require 
information and reports from manufacturers (42 U.S.C. 6316). With 
respect to test procedures, Part A-1 authorizes the Secretary of Energy 
(the Secretary) to prescribe test procedures that are reasonably 
designed to produce results which measure energy efficiency, energy 
use, and estimated annual operating costs, and that are not unduly 
burdensome to conduct. (42 U.S.C. 6314(a)(2)).
    For commercial package 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), the statute further directs the Secretary to amend the 
test procedure for a covered commercial product if the industry test 
procedure is amended, unless the Secretary determines, by rule and 
based on clear and convincing evidence, that such a modified test 
procedure does not meet the statutory criteria set forth in 42 U.S.C. 
6314(a)(2) and (3).
    On December 8, 2006, DOE published a final rule adopting test 
procedures for commercial package air-conditioning and heating 
equipment, effective January 8, 2007. 71 FR 71340. DOE adopted ARI 
Standard 340/360-2004, ``Performance Rating of Commercial and 
Industrial Unitary Air-Conditioning and Heat Pump Equipment,'' for 
small and large commercial package air-cooled heat pumps with 
capacities >= 65,000 Btu/h and <760,000 British thermal units per hour 
(Btu/h). Id. at 71371. Pursuant to this rulemaking, DOE's regulations 
at 10 CFR 431.95(b)(2) incorporate by reference ARI Standard 340/360-
2004, and Table 1 to 10 CFR 431.96 directs manufacturers of commercial 
package air-cooled air conditioning and heating equipment to use the 
appropriate procedure when measuring energy efficiency of those 
products. (The cooling capacities of Daikin's commercial VRV-III-C 
multi-split heat pump products, which are at issue in the waiver 
petition filed by Daikin, range from 6 tons (72,000 Btu/hr) to 16 tons 
(192,000 Btu/hr), thereby resulting in these products falling within 
the range of ARI Standard 340/360-2004, which covers products with 
capacities greater than 65,000 Btu/hour.)
    DOE's regulations for covered products permit a person to seek a 
waiver from the test procedure requirements for covered commercial 
equipment if at least one of the following conditions is met: (1) The 
petitioner's basic model contains one or more design characteristics 
which prevent testing according to the prescribed test procedures; or 
(2) the prescribed test procedures may evaluate the basic model in a 
manner so unrepresentative of its true energy consumption as to provide 
materially inaccurate comparative data. 10 CFR 431.401(a)(1). 
Petitioners must include in their petition any alternate test 
procedures known to the petitioner to evaluate the basic model in a 
manner representative of its energy consumption. 10 CFR 
431.401(b)(1)(iii). The Assistant Secretary for Energy Efficiency and 
Renewable Energy (Assistant Secretary) may grant a waiver subject to 
conditions, including adherence to alternate test procedures. 10 CFR 
431.401(f)(4). Waivers remain in effect pursuant to the provisions of 
10 CFR 431.401(g).
    The waiver process also permits parties submitting a petition for 
waiver to file an application for interim waiver of the applicable test 
procedure requirements. 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 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 
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 it may be extended by DOE for an additional 
180 days, if necessary. 10 CFR 431.401(e)(4).

II. Petition for Waiver

    On September 9, 2009, Daikin filed a petition for waiver from the 
test procedures at 10 CFR 431.96, which are applicable to commercial 
package air-cooled central air conditioners and heat pumps, and an 
application for interim

[[Page 66326]]

waiver. The capacities of the Daikin VRV-III-C multi-split heat pumps 
range from 72,000 Btu/hr to 192,000 Btu/hr, making the applicable test 
procedure for Daikin's commercial VRV-III-C multi-split heat pumps ARI 
Standard 340/360-2004, which manufacturers are directed to use pursuant 
to Table 1 of 10 CFR 431.96.
    Daikin seeks a waiver from the applicable test procedures under 10 
CFR 431.96 on the grounds that its VRV- III-C multi-split heat pumps 
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 its multi-split variable speed 
products are the same factors stated in the waivers that DOE granted to 
Mitsubishi Electric & Electronics USA, Inc. (Mitsubishi) for a similar 
line of commercial multi-split air-conditioning systems:
     Testing laboratories cannot test products with so many 
indoor units; and
     There are too many possible combinations of indoor and 
outdoor unit to test. 69 FR 52660 (August 27, 2004) (Mitsubishi 
waiver); 72 FR 17528 (April 9, 2007) (Mitsubishi waiver); 72 FR 71387 
(Dec. 17, 2007) (Samsung waiver); 72 FR 71383 (Dec. 17, 2007) (Fujitsu 
waiver); 73 FR 39680 (July 10, 2008) (Daikin waiver); 74 FR 15955 
(April 8, 2009) (Daikin waiver); 74 FR 16193 (April 9, 2009) (Sanyo 
waiver); 74 FR 16373 (April 10, 2009) (Daikin waiver).
    The VRV-III-C systems have operational characteristics similar to 
other commercial multi-split products manufactured by Mitsubishi, 
Samsung, Fujitsu and Sanyo, all of which have already been granted 
waivers. The VRV-III-C system can be connected to the complete range of 
Daikin ceiling mounted, concealed, ducted, corner, cassette, wall-
mounted and floor-mounted and other indoor fan coil units. Each of 
these units has nine different indoor static pressure ratings as 
standard, with addition pressure ratings available. In certain high-
capacity applications, Daikin's VRV- III-C systems have the capability 
to combine two outdoor units to create a larger capacity system. There 
are over one million combinations possible with the DACA VRV-III-C 
system. Accordingly, Daikin requested that DOE grant a waiver from the 
applicable test procedures for its VRV-III-C product designs, until a 
suitable test method can be prescribed.

III. Application for Interim Waiver

    On September 9, 2009, in addition to its petition for waiver, 
Daikin submitted to DOE an application for interim waiver. DOE 
determined that Daikin's application for interim waiver does not 
provide sufficient market, equipment price, shipments, and other 
manufacturer impact information to permit DOE to evaluate the economic 
hardship Daikin might experience absent a favorable determination on 
its application for interim waiver. However, DOE understands that 
absent an interim waiver, Daikin's products would not otherwise be 
tested and rated for energy consumption on a comparable basis with 
equivalent products where DOE previously granted waivers. In other 
words, there would not be a level playing field and thus Daikin would 
be placed at a competitive disadvantage. Furthermore, DOE has 
determined that it appears likely that Daikin's Petition for Waiver 
will be granted and that is desirable for public policy reasons to 
grant Daikin immediate relief pending a determination on the petition 
for waiver. DOE believes that it is likely Daikin's petition for waiver 
for the new VRV-III-C multi-split models will be granted because, as 
noted above, DOE has previously granted a number of waivers for similar 
product designs.\1\ The two principal reasons supporting the grant of 
the previous waivers also apply to Daikin's VRV-III-C products: (1) 
Test laboratories cannot test products with so many indoor units; and 
(2) it is impractical to test so many combinations of indoor units with 
each outdoor unit. In addition, DOE believes that similar products 
should be tested and rated for energy consumption on a comparable 
basis. For these same reasons, DOE also determined that it is desirable 
for public policy reasons to grant immediate relief pending a 
determination on the petition for waiver.
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    \1\ DOE notes that it has also previously granted interim 
waivers to Fujitsu (70 FR 5980 (Feb. 4, 2005)), Samsung (70 FR 9629 
(Feb. 28, 2005)), Mitsubishi (72 FR 17533 (April 9, 2007)), and 
Daikin (72 FR 35986 (July 2, 2007)), for comparable commercial 
multi-split air conditioners and heat pumps.
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    Therefore, it is ordered that:
    The application for interim waiver filed by Daikin is hereby 
granted for Daikin's VRV-III-C air-cooled multi-split heat pumps, 
subject to the specifications and conditions below.
    1. Daikin shall not be required to test or rate its VRV-III-C 
commercial air-cooled multi-split products on the basis of the existing 
test procedure under 10 CFR 431.96, which incorporates by reference ARI 
Standard 340/360-2004.
    2. Daikin shall be required to test and rate its VRV-III-C 
commercial air-cooled multi-split products according to the alternate 
test procedure as set forth in section IV(3), ``Alternate test 
procedure.''
    The interim waiver applies to the following basic model groups:

 
----------------------------------------------------------------------------------------------------------------
                                                                                                 Combination
                 Type                             Size                    Model No.        ---------------------
                                                                                              8-Ton      16-Ton
----------------------------------------------------------------------------------------------------------------
Condensing Unit.......................  6-Ton...................  RTSQ72PTJU..............  .........          1
                                        8-Ton...................  RTSQ96PTJU..............          1  .........
                                        10-Ton..................  RTSQ120PTJU.............  .........          1
2nd Stage Function Unit...............  Up to 16-Ton............  BTSQ192PTJU.............          1          1
Outdoor Piping Kit....................  ........................  BHFP30A56...............  .........          1
----------------------------------------------------------------------------------------------------------------

    This interim waiver is conditioned upon the presumed validity of 
statements, representations, and documents provided by the petitioner. 
DOE may revoke or modify this interim waiver at any time upon a 
determination that the factual basis underlying the petition for waiver 
is incorrect, or upon a determination that the results from the 
alternate test procedure are unrepresentative of the basic models' true 
energy consumption characteristics.

[[Page 66327]]

IV. Alternate Test Procedure

    Responding 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 
for its R410A CITY MULTI products, as well as for its R22 multi-split 
products. Alternate test procedures related to the Mitsubishi petitions 
were published in the Federal Register on April 9, 2007. See 72 FR 
17528 and 72 FR 17533. For reasons similar to those published in these 
prior notices, DOE believes that an alternate test procedure is 
appropriate in this instance.
    DOE understands that existing testing facilities have a limited 
ability to test multiple indoor units simultaneously, and the large 
number of possible combinations of indoor and outdoor units for some 
variable refrigerant flow zoned systems makes it impractical for 
manufacturers to test. We further note that subsequent to the waiver 
that DOE granted for Mitsubishi'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 
interim waiver to Daikin, DOE is including an alternate test procedure 
similar to those granted to Mitsubishi for its R22 and R410A products. 
DOE plans to consider the same alternate test procedure in the context 
of the subsequent Decision and Order pertaining to Daikin's petition 
for waiver. Utilization of this alternate test procedure will allow 
Daikin to test and make energy efficiency representations for its VRV-
III-C products. More broadly, DOE has applied a similar alternate test 
procedure to other waivers for similar residential and commercial 
central air conditioners and heat pumps. Such cases include petitions 
for waiver involving multi-split products manufactured by Mitsubishi 
(72 FR 17528, April 9, 2007); Samsung (72 FR 71387, Dec. 17, 2007); 
Fujitsu (72 FR 71383, Dec. 17, 2007); Daikin (73 FR 39680, July 10, 
2008); Daikin (74 FR 15955, April 8, 2009); Sanyo (74 FR 16193, April 
9, 2009); and Daikin (74 FR 16373, April 10, 2009).
    The alternate test procedure developed in conjunction with the 
Mitsubishi waiver 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 indoor units so that 
it can be tested in available test facilities. (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 increased in this instance from 5 to 8 
to account for the fact that these larger-capacity products can 
accommodate a greater number of indoor units.) 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. The alternate test procedure also allows manufacturers of such 
products to make valid and consistent representations of energy 
efficiency for their air-conditioning and heat pump products.
    In the present case, DOE is modifying the alternate test procedure 
taken from the above-referenced waiver granted to Mitsubishi for its 
R410A and R22 CITY MULTI products to revise the definition of a 
``tested combination.'' 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 (>150,000 Btu/h) can accommodate a 
greater number of indoor units. DOE plans to consider inclusion of the 
following waiver language in the Decision and Order for Daikin's VRV-
III-C commercial multi-split air-cooled heat pump models:
    (1) The ``Petition for Waiver'' filed by Daikin Electronics, Inc. 
is hereby granted as set forth in the paragraphs below.
    (2) Daikin shall not be required to test or rate its VRV-III-C 
variable capacity multi-split heat pump products listed above in 
section III, on the basis of the existing test procedures, but shall be 
required to test and rate such products 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 in section 
III above according to the test procedures for central air conditioners 
and heat pumps prescribed by DOE at 10 CFR 431.96, 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-C 
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:
    (1) The basic model of a variable refrigerant flow system used as a 
tested combination shall consist of one outdoor unit, with one or more 
compressors, that is matched with between 2 and 8 indoor units; for 
multi-split systems, each of these indoor units shall be designed for 
individual operation.
    (2) The indoor units shall--
    (i) Represent the highest sales model family or another indoor 
model family if the highest sales model family does not provide 
sufficient capacity (see ii);
    (ii) Together, have a nominal cooling capacity that is between 95% 
and 105% of the nominal cooling capacity of the outdoor unit;
    (iii) Not, individually, have a nominal cooling capacity that is 
greater than 50% of the nominal cooling capacity of the outdoor unit;
    (iv) Operate at fan speeds that are consistent with the 
manufacturer's specifications; and
    (v) Be subject to the same minimum external static pressure 
requirement while being configurable to produce the same static 
pressure at the exit of each outlet plenum when manifolded as per 
section 2.4.1 of 10 CFR Part 430, subpart B, appendix M.
    (C) Representations. In making representations about the energy 
efficiency of its VRV-III-C variable capacity air-cooled multi-split 
heat pump 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:
    (1) For VRV-III-C combinations tested in accordance with this 
alternate test procedure, Daikin may make representations based on 
these test results.
    (2) For VRV-III-C combinations that are not tested, Daikin may make 
representations based on the testing results for the tested combination 
at the same energy efficiency level as the tested combination with the 
same outdoor unit and which is consistent with either of the two 
following methods:
    (i) Representation of non-tested combinations according to an

[[Page 66328]]

Alternative Rating Method (ARM) approved by DOE; or
    (ii) 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

    Through today's notice, DOE announces receipt of the Daikin 
petition for waiver from the test procedures applicable to Daikin's 
VRV-III-C commercial multi-split heat pump products, and for the 
reasons articulated above, DOE grants Daikin an interim waiver from 
those procedures. As part of this notice, 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 Daikin is required to follow as a 
condition of its interim waiver and that DOE is considering including 
in its subsequent Decision and Order. In this alternate test procedure, 
DOE is defining a ``tested combination'' which Daikin could use in lieu 
of testing all retail combinations of its VRV-III-C multi-split heat 
pump products.
    DOE is interested in receiving comments on the issues addressed in 
this notice. Pursuant to 10 CFR 431.401(d), 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 section above.

    Issued in Washington, DC, on December 8, 2009.
Cathy Zoi,
Assistant Secretary, Energy Efficiency and Renewable Energy.
September 9, 2009.

Ms. Catherine Zoi
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 Zoi:
    Daikin AC (Americas) Inc. (DACA) respectfully petitions the 
Department of Energy (DOE) pursuant to 10 CFR Sec.  431.401(a)(1) 
(2009) for a waiver of the test procedures applicable to central air 
conditioners and heat pumps, as established in 10 C.F.R. Sec.  431.96 
(2009) and ARI Standard 340/360-20041, for the Daikin VRV-III-C system 
(also called Cold Climate VRV), an air source heat pump system that 
incorporates a unique second stage refrigeration cycle to deliver 
improved heating performance and efficiency at lower ambient 
conditions. The specific models for which DACA requests this waiver in 
the Daikin VRV-III-C product class are listed below in this Petition. 
DACA seeks a waiver from the existing central air conditioner and 
central air conditioning heat pump test procedure for the Daikin VRV-
III-C line of heat pumps because the basic models contain design 
criteria that prevent testing of the basic models according to the 
prescribed test procedures. We are simultaneously requesting an interim 
waiver for the same systems pursuant to 10 CFR Sec.  431.401(a)(2) 
(2009).
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    \1\ Detailed citations to the test procedures for which DACA is 
requesting a waiver are included on page 3 of this petition.
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General Characteristics of DACA's VRV-III-C Products

The Daikin VRV-III-C system has the following characteristics and 
applications:
     The VRV-III-C operates as a heat pump system only (as an 
8-ton or a 16-ton system).
     The VRV-III-C is an inverter controlled heat pump system 
that can provide year round heating in very low outdoor temperatures. 
In low ambient conditions, the VRV-III-C offers 30% more heating 
capacity than a standard Daikin VRV-III heat pump.
     The VRV-III-C can provide cooling in ambient temperatures 
down to 23 [deg]F.
     The VRV-III-C includes a proprietary 2-stage refrigeration 
cycle technology to ensure improved heating effect.
     The VRV-III-C delivers nominal (rated) heating capacity at 
5 [deg]F (-15 [deg]C) (rated condition is 47 [deg]F).
     The VRV-III-C delivers 87% of nominal (rated) heating 
capacity at -4 [deg]F (-20 [deg]C), and the system delivers 75% of 
nominal (rated) heating capacity at -13 [deg]F (-25 [deg]C).
     The VRV-III-C provides an enhanced heating ``warm up'' 
function.
     The VRV-III-C minimizes heating downtime from defrost 
operation.
     The VRV-III-C system eliminates the need to use 
supplemental ``resistance type'' strip heating elements.
     The VRV-III-C system heat pump compressor's inverter 
technology includes an integrated frequency-converter that adjusts the 
rotational speed of the compressor to meet the heating or cooling 
demand. Therefore, the system seldom operates at full capacity.
     The VRV-III-C system can be linked to the complete range 
of Daikin Ceiling-Mounted, Concealed, Ducted, Corner, Cassette, Wall-
Mounted, Floor-Mounted and other indoor fan coil units, providing the 
same connection flexibility as Daikin's standard VRV systems. The 
amount of piping, and the number, diversity and range of indoor units 
that can be connected to the VRV-III-C is comparable to the Daikin VRV-
II, VRV-II-S and VRV-III systems for which DOE has previously issued 
waivers.

Particular Basic Models for Which DACA Requests a Waiver

DACA requests a waiver from the test procedures for the following basic 
model groups:

----------------------------------------------------------------------------------------------------------------
                                                                                            Combination
               Type                          Size               Model Number     -------------------------------
                                                                                       8-Ton          16-Ton
----------------------------------------------------------------------------------------------------------------
Condensing Unit...................  6-Ton................  RTSQ72PTJU...........  ..............               1
                                    8-Ton................  RTSQ96PTJU...........               1  ..............
                                    10-Ton...............  RTSQ120PTJU..........  ..............               1
2nd Stage Function Unit...........  Up to 16-Ton.........  BTSQ192PTJU..........               1               1
Outdoor Piping Kit................  .....................  BHFP30A56............  ..............               1
----------------------------------------------------------------------------------------------------------------


[[Page 66329]]

VRV-III-C System Characteristics Constituting the Grounds for DACA's 
Petition

    The Daikin VRV-III-C system consists of a heat pump that comprises 
a newly designed outdoor unit and ``function unit'' featuring two-stage 
compression technology. This design feature gives the VRV-III-C its 
outstanding performance characteristics by creating the higher 
pressures necessary for efficient system operation under low ambient 
conditions.
    The Daikin VRV-III-C system can be connected to the complete range 
of Daikin Ceiling Mounted, Concealed, Ducted, Corner, Cassette, Wall-
Mounted and Floor-Mounted and other indoor fan coil units. Each of 
these units has nine different indoor static pressure ratings as 
standard, with addition pressure ratings available. There are over one 
million combinations possible with the DACA VRV-III-C product 
offerings. It is completely impractical for testing laboratories to 
test a product such as the VRV-III-C with multiple indoor units because 
of the huge number of potential system configurations.
    The test method for central air conditioners and heat pumps 
contained in 10 C.F.R. Sec.  431.96, Subpart B, Appendix M does not 
account for the extremely large number of potential system 
configurations possible with the VRV-III-C system. Therefore, the 
currently applicable test method cannot accurately account for the 
Daikin VRV-III-C system's energy performance across the range of 
possible system configurations.
    DACA's VRV-III products share many of the design characteristics 
and features of similar equipment for which DOE has already approved 
either interim waivers or waivers, including DACA's VRV, VRV-S and VRV-
III product lines, and Mitsubishi Electric and Electronics USA, Inc.'s 
(MEUS) CITY MULTI and S&L product classes.\2\ The same testing 
constraints and limitations apply to all of these products.
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    \2\ DOE granted DACA an interim waiver for its VRV and VRV-S 
product lines in a letter dated August 14, 2006, and DOE renewed 
this interim waiver on July 2, 2007 (72 Fed. Reg. 35,986). DOE 
granted MEUS a waiver for its CITY MULTI VRFZ class of products. 69 
Fed. Reg. 52,660 (August 27, 2004). DOE granted DACA a waiver for 
its VRV-III product lines on April 8, 2009 (74 Fed. Reg. 15,955). 
DOE has recently granted MEUS an interim waiver for its S&L Class 
multi-split heat pumps and heat recovery systems.
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    The rationale for DACA's Petition for a waiver from testing 
standards for the Daikin VRV-III-C system is virtually identical to 
basis for the other manufacturers' previous requests for waivers noted 
above. DACA requests that DOE apply the same rationale to DACA's 
Petition for waiver for the Daikin VRV-III-C system that DOE used to 
grant the previous waiver petitions for their similar systems.

Specific Testing Requirements Sought to be Waived

    The test procedures from which DACA is requesting a waiver are 
contained in 10 C.F.R. Sec.  431.96(b), Table 1, which incorporates ARI 
Standard 340/360-2004 by reference into 10 C.F.R. Part 431, and which 
is applicable to central air conditioner and heat pump equipment with a 
capacity of >65,000 Btu/hr.

Discussion of Need for Requested Waiver

    Although the capacity of the Daikin VRV-III-C product class is 
within the scope of 10 C.F.R. Part Sec.  431.96, the design 
characteristics of the Daikin VRV-III-C product class prevent testing 
of the system according to the prescribed test procedures in a manner 
that represents the system's true energy consumption characteristics. 
Specifically, application of the existing prescribed test method cannot 
account for the large number of possible combinations of indoor and 
outdoor units that would be subject to testing. Also, it is impossible 
for testing laboratories to test products with such a large number of 
possible combinations.
    The absence of a waiver from the required testing procedure will 
restrict the availability to consumers in the United States of the 
Daikin VRV-III-C system's energy savings benefits that result from 
integrating domestic hot water production into the system.

Manufacturers of Other Basic Models Incorporating Similar Design 
Characteristics

    DACA is aware of the following manufacturer that produces a basic 
model incorporating similar design characteristics to the VRV-III-C in 
the United States market:
     Mitsubishi Electric & Electronics USA, Inc.\3\
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    \3\ MEUS's Hyper Heating VRF system has similar design 
characteristics to the VRV-III-C system, offering year-round heating 
in low ambient temperatures.
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Alternative Test Procedure

    DACA proposes that DOE apply the same alternate test procedure to 
the covered VRV-III-C products as DOE applied to DACA's VRV-III 
products in the waiver that DOE granted for those products on April 8, 
2009 (74 Fed. Reg. 15,955). The alternate test method appears in 
Section 3 of the VRV-III waiver. 74 Fed. Reg. at 15,958.

Application for Interim Waiver

    DACA also hereby applies pursuant to 10 C.F.R. Sec.  431.401(a)(2) 
for an interim waiver of the applicable test procedure requirements for 
the Daikin VRV-III-C product class models listed above. The basis for 
DACA's Application for Interim Waiver follows.
    DACA is likely to succeed in its Petition for Waiver because there 
is no reasonable argument that the test method contained in 10 C.F.R. 
Sec.  431.96 can be accurately applied to the Daikin VRV-III-C product 
class. As explained above in the DACA's Petition for Waiver, the design 
characteristics of the Daikin VRV-III-C product class clearly prevent 
testing the Daikin VRV-III-C system with the prescribed test procedures 
because of the large number of possible system combinations and the 
limitations of existing testing facilities.
    The likelihood of DOE approving DACA's Petition for Waiver is 
supported by the DOE's history of approving previous waiver requests 
from other manufacturers for products that are similar to the Daikin 
VRV-III-C product class, based on the same rationale offered by DACA in 
this Petition for Waiver.
    Additionally, DACA is likely to suffer economic hardship and 
competitive disadvantage if DOE does not grant its interim waiver 
request. DACA is now preparing to introduce its Daikin VRV-III-C 
product class in a matter of months. If we must wait for completion of 
the normal waiver consideration and issuance process, DACA will be 
forced to delay the opportunity to begin recouping through product 
sales its production and marketing costs associated with introducing 
the Daikin VRV-III-C product class into the United States market.
    DOE approval of DACA's interim waiver application is also supported 
by sound public policy reasons. As DOE stated in its January 7, 2008 
approval of DACA's interim waiver for the VRV-WII product classes:
    [I]n those instances where the likely success of the Petition for 
Waiver has been demonstrated, based upon DOE having granted a waiver 
for similar products design, it is in the public interest to have 
similar products tested and rated for energy consumption on a 
comparable basis.
    73 Fed. Reg. at 1215. The Daikin VRV-III-C product class will 
provide superior comfort to the end user, and will incorporate state of 
the art technology such as an advanced inverter drive and two-stage 
compression that

[[Page 66330]]

enable the system to provide year round heating in very low ambient 
temperatures. The Daikin VRV-III-C product class will introduce 
technologies that will increase system efficiency and reduce national 
energy consumption, and that will also offer a new level of comfort and 
control to end users.
    DACA requests that DOE grant our Application for Interim Waiver so 
we can bring the new highly energy efficient technology represented by 
the Daikin VRV-III-C product class to the market as soon as possible, 
thereby allowing the U.S. consumer to benefit from our high technology 
and high efficiency product.

Confidential Information

    DACA makes no request to DOE for confidential treatment of any 
information contained in this Petition for Waiver and Application for 
Interim Waiver.
     Conclusion
    Daikin AC (Americas), Inc. Corporation respectfully requests DOE to 
grant its Petition for Waiver of the applicable test procedure to DACA 
for specified models of the VRV-III-C system, and to grant its 
Application for Interim Waiver. DOE's failure to issue an interim 
waiver from test standards would cause significant economic hardship to 
DACA by preventing DACA from marketing these products even though DOE 
has previously granted waivers to other products that were offered in 
the market with similar design characteristics.
    We would be pleased to respond to any questions you may have 
regarding this Petition for Waiver and Application for Interim Waiver. 
Please contact Lee Smith, Director of Product Marketing at 972-245-1510 
or by email at [email protected].
Sincerely,

Akinori Atarashi,
President

Daikin AC (Americas), Inc.
1645 Wallace Drive
Suite 110
Carrollton, Texas 75006
(Submitted in triplicate)
Encls.
cc:
Mitsubishi Electric & Electronics USA, Inc
4300 Lawrenceville-Suwanee Road
Suwanee, GA 30024
Attn: William Rau, Senior Vice President and General Manager

[FR Doc. E9-29795 Filed 12-14-09; 8:45 am]
BILLING CODE 6450-01-P