[Federal Register Volume 75, Number 52 (Thursday, March 18, 2010)]
[Notices]
[Pages 13114-13120]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-5934]


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DEPARTMENT OF ENERGY

Energy Efficiency and Renewable Energy

[Case No. CAC-027]


Energy Conservation Program for Certain Industrial Equipment: 
Publication of the Petition for Waiver From Sanyo North America Corp. 
and Granting of the Interim Waiver 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: 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 Sanyo North America Corp. (Sanyo). The petition for waiver 
(hereafter ``petition'') requests a waiver from the U.S. Department of 
Energy (DOE) test procedure applicable to commercial package air-source 
and water-source central air conditioners and heat pumps. The petition 
is specific to the Sanyo variable capacity ECO-i (commercial) multi-
split heat pumps. Through this document, DOE: (1) Solicits comments, 
data, and information with respect to the Sanyo petition; and (2) 
announces the grant of an interim waiver to Sanyo from the existing DOE 
test procedure for the subject commercial multi-split air conditioners 
and heat pumps.

DATES: DOE will accept comments, data, and information with respect to 
the Sanyo petition until, but no later than April 19, 2010.

ADDRESSES: You may submit comments, identified by case number ``CAC-
027,'' 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-027], and/or ``Sanyo 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.
    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 on 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. Betsy Kohl, U.S. Department of Energy, Office of the General 
Counsel, Mail Stop GC-71, Forrestal Building, 1000 Independence Avenue, 
SW., Washington, DC 20585-0103. Telephone: (202) 586-7796. E-mail: 
[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) Part A-1 of Title III provides for a similar 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 that 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 the 
International Organization for Standardization (ISO) Standard 13256-1-
1998, ``Water-source heat pumps--Testing and rating for performance--
Part 1: Water-to-air and brine-to-air heat pumps,'' for small 
commercial package water-source heat pumps with capacities less than 
135,000 British thermal units per hour (Btu/h). Id. at 71371. For air-
source heat pumps, DOE adopted ARI Standard 340/360-2004. Table 1 to 
Title 10 of the Code of Federal Regulations (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 Sanyo's 
commercial ECO-i multi-split heat pump products at issue in the waiver

[[Page 13115]]

petition filed by Sanyo range from 72,000 Btu/h to 288,000 Btu/h. The 
Sanyo water-source products with capacities greater than or equal to 
135,000 Btu/h are not covered by this waiver because the DOE test 
procedure covers water-source heat pumps with capacities less than 
135,000 Btu/h. The cooling capacities of Sanyo's commercial ECO-i air-
source multi-split heat pump products also range from 72,000 Btu/h to 
288,000 Btu/h. All of these products are covered by this waiver, as ARI 
Standard 340/360-2004 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 
that 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 180 days or 
until DOE issues its determination on the petition for waiver, 
whichever occurs first. It may be extended by DOE for an additional 180 
days. 10 CFR 431.401(e)(4).

II. Petition for Waiver

    On January 4, 2010, Sanyo filed a petition for waiver from the test 
procedures at 10 CFR 431.96 applicable to commercial package air and 
water-source central air conditioners and heat pumps, as well as an 
application for interim waiver. The capacities of the Sanyo ECO-i 
multi-split heat pumps range from 72,000 Btu/h to 288,000 Btu/h. Thus, 
ISO Standard 13256-1 (1998) is the applicable test procedure for 
Sanyo's ECO-i multi-split water-source heat pumps with capacities less 
than 135,000 Btu/h. The applicable test procedure for the air-source 
heat pumps is ARI 340/360-2004. Manufacturers are directed to use these 
test procedures pursuant to Table 1 of 10 CFR 431.96.
    Sanyo seeks a waiver from the applicable test procedures under 10 
CFR 431.96 on the grounds that its ECO-i multi-split heat pumps contain 
design characteristics that prevent testing according to the current 
DOE test procedures. Specifically, Sanyo 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) and other 
manufacturers for similar lines 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 units 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 ECO-i systems have operational characteristics similar to the 
commercial multi-split products manufactured by Mitsubishi, Samsung, 
Fujitsu and Daikin. As indicated above, DOE has already granted waivers 
for these products. The ECO-i system includes 90 unique outdoor models 
and 54 unique indoor models, and can connect up to 40 indoor units to a 
single outdoor unit. There are over one million combinations possible 
with the Sanyo ECO-i system. Consequently, Sanyo requested that DOE 
grant a waiver from the applicable test procedures for its ECO-i 
product designs until a suitable test method can be prescribed.

III. Application for Interim Waiver

    On January 4, 2010, Sanyo also submitted an application for an 
interim waiver. DOE determined that Sanyo'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 Sanyo might experience absent a favorable 
determination on its application for an interim waiver. DOE 
understands, however, that if it did not issue an interim waiver, 
Sanyo's products would not be tested and rated for energy consumption 
on an equal basis with equivalent products for which DOE previously 
granted waivers. This would place Sanyo at a competitive disadvantage. 
Furthermore, DOE has determined that it appears likely that Sanyo's 
petition for waiver will be granted and that is desirable for public 
policy reasons to grant Sanyo immediate relief pending a determination 
on the petition for waiver. DOE believes that it is likely Sanyo's 
petition for waiver for the new ECO-i 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 Sanyo's ECO-
i 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 
Sanyo (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 Sanyo is hereby granted 
for Sanyo's ECO-i multi-split heat pumps, subject to the specifications 
and conditions below.
    1. Sanyo shall not be required to test or rate its ECO-i commercial 
multi-split products on the basis of the existing test procedures under 
10 CFR 431.96, which incorporates by reference ISO Standard 13256-1 
(1998) for the water-source products and ARI 340/360-2004 for the air-
source products.

[[Page 13116]]

    2. Sanyo shall be required to test and rate its ECO-i commercial 
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:

ECO-i Series Outdoor Units

ECOi Outdoor Unit Air Source Heat Pump Series (208/230 Volt, 3 Phase, 
60 Hz)
 Models CHDX***63 with capacities ranging from 72,000 to 
288,000 Btu/h.
     ***: 072, 096, 144, 168, 192, 216, 240, 264, 288.
 Models CHDXR***63 with capacities ranging from 72,000 to 
288,000 Btu/h.
     ***: 072, 096, 144, 168, 192, 216, 240, 264, 288.
ECOi Outdoor Unit Air Source Heat Pump Series (460 Volt, 3 Phase, 60 
Hz)
 Models CHDX***74 with capacities ranging from 72,000 to 
288,000 Btu/h.
     ***: 072, 096, 144, 168, 192, 216, 240, 264, 288.
 Models CHDXR***74 with capacities ranging from 72,000 to 
288,000 Btu/h.
     ***: 072, 096, 144, 168, 192, 216, 240, 264, 288.
ECOi Outdoor Unit Air Source Heat Recovery Series (208/230 Volt, 3 
Phase, 60 Hz)
 Models CHDZ***63 with capacities ranging from 72,000 to 
288,000 Btu/h.
     ***: 072, 096, 144, 168, 192, 216, 240, 264, 288.
 Models CHDZR***63 with capacities ranging from 72,000 to 
288,000 Btu/h.
     ***: 072, 096, 144, 168, 192, 216, 240, 264, 288.
ECOi Outdoor Unit Air Source Heat Recovery Series (460 Volt, 3 Phase, 
60 Hz)
 Models CHDZ***74 with capacities ranging from 72,000 to 
288,000 Btu/h.
     ***: 072, 096, 144, 168, 192, 216, 240, 264, 288.
 Models CHDZR***74 with capacities ranging from 72,000 to 
288,000 Btu/h.
     ***: 072, 096, 144, 168, 192, 216, 240, 264, 288.
ECOi Outdoor Unit Water Source Heat Recovery Series (208/230 Volt, 3 
Phase, 60 Hz)
 Models CHWDZ***63 with capacities ranging from 72,000 to 
96,000 Btu/h.
     ***: 072, 096.
ECOi Outdoor Unit Water Source Heat Recovery Series (460 Volt, 3 Phase, 
60 Hz)
 Models CHWDZ***74 with capacities ranging from 72,000 to 
96,000 Btu/h.
     ***: 072, 096.

Compatible Indoor Units For Above Listed Outdoor Units

 UMHX**62 series low profile concealed ducted with nominally 
rated capacities of 7,000, 9,000, 12,000, 15,000 and 18,000 Btu/h.
 UHX**62 series low-medium static concealed ducted with 
nominally rated capacities of 7,000, 9,000, 12,000, 15,000, 18,000, 
24,000, 36,000, 48,000 and 54,000 Btu/h.
 DHX**52 series medium-high static concealed ducted with 
nominally rated capacities of 36,000 and 48,000 Btu/h.
 XMHX**52 series four way cassette with nominally rated 
capacities of 12,000 and 18,000 Btu/h.
 XHX**52 series four way cassette with nominally rated 
capacities of 24,000 and 36,000 Btu/h.
 AHX**52 series one way discharge ceiling cassette indoor units 
with nominally rated capacities of 7,000, 9,000 and 12,000 Btu/h.
 FHX**62 series floor mounted with nominally rated capacities 
of 7,000, 9,000, 12,000, 15,000, 18,000 and 24,000 Btu/h.
 FMHX**62 series floor mounted concealed with nominally rated 
capacities of 7,000, 9,000, 12,000, 15,000, 18,000 and 24,000 Btu/h.
 KHX**52 series wall mounted with nominally rated capacities of 
7,000, 9,000, 12,000, 15,000, 18,000 and 24,000 Btu/h.
 KHX**62 series wall mounted with nominally rated capacities of 
18,000 and 19,000 Btu/h.
 THX**52 series ceiling suspended with nominally rated 
capacities of 12,000, 18,000 and 24,000 Btu/h.
 VHX**62 series vertical air handler with nominally rated 
capacities of 12,000, 18,000, 24,000, 30,000, 36,000, 42,000, 48,000 
and 60,000 Btu/h.
    This interim waiver is issued on the condition that the statements, 
representations, and documents provided by the petitioner are valid. 
DOE may revoke or modify this interim waiver at any time if it 
determines the factual basis underlying the petition for waiver is 
incorrect or the results from the alternate test procedure are 
unrepresentative of the basic models' true energy consumption 
characteristics.

IV. Alternate Test Procedure

    In responses 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 limited 
ability to test multiple indoor units simultaneously. This limitation 
makes it impractical for manufacturers to test the large number of 
possible combinations of indoor and outdoor units for some variable 
refrigerant flow zoned systems. We further note that after DOE granted 
a waiver for Mitsubishi's R22 multi-split products, ARI formed a 
committee to discuss testing issues and to develop a testing protocol 
for variable refrigerant flow systems. The committee has developed a 
test procedure which has been adopted by AHRI--AHRI Standard 1230--
2009: ``Performance Rating of Variable Refrigerant Flow (VRF) Multi-
Split Air-Conditioning and Heat Pump Equipment.'' This test procedure 
has not yet been incorporated into ASHRAE 90.1.
    Therefore, as discussed below, as a condition for granting this 
interim waiver to Sanyo, 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 Sanyo's petition for 
waiver. This alternate test procedure will allow Sanyo to test and make 
energy efficiency representations for its ECO-i products. DOE has 
applied a similar alternate test procedure to other waivers for similar 
residential and commercial central air conditioners and heat pumps 
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); Daikin (74 FR 16373, April 10, 2009); 
Mitsubishi (74 FR 66315, December 15, 2009) and LG (74 FR 66330, 
December 15, 2009).
    The alternate test procedure developed in conjunction with the 
Mitsubishi waiver permits Sanyo to

[[Page 13117]]

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.
    DOE plans to consider inclusion of the following waiver language in 
the decision and order for Sanyo's ECO-i commercial multi-split water-
source heat pump models:
    (1) The petition for waiver filed by Sanyo North America Corp. is 
hereby granted as set forth in the paragraphs below.
    (2) Sanyo shall not be required to use existing test procedures to 
test or rate its ECO-i variable capacity multi-split heat pump products 
listed above in section III, 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) Sanyo 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 Sanyo 
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, Sanyo shall make representations concerning the ECO-i 
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 two and five indoor units. 
(For systems with nominal cooling capacities greater than 150,000 Btu/
h, as many as eight indoor units may be used, so as to be able to test 
non-ducted indoor unit combinations). 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 ECO-i variable capacity multi-split heat pump 
products for compliance, marketing, or other purposes, Sanyo must 
fairly disclose the results of testing under the DOE test procedure in 
a manner consistent with the provisions outlined below:
    (1) For ECO-i combinations tested in accordance with this alternate 
test procedure, Sanyo may make representations based on these test 
results.
    (2) For ECO-i combinations that are not tested, Sanyo may make 
representations of non-tested combinations at the same energy 
efficiency level as the tested combination. The outdoor unit must be 
the one used in the tested combination. The representations must be 
based on the test results for the tested combination. The 
representations may also be determined by an Alternative Rating Method 
approved by DOE.

V. Summary and Request for Comments

    Through today's notice, DOE announces receipt of the Sanyo petition 
for waiver from the test procedures applicable to Sanyo's ECO-i 
commercial multi-split heat pump products. For the reasons articulated 
above, DOE also grants Sanyo an interim waiver from those procedures. 
As part of this notice, DOE is publishing Sanyo's petition for waiver 
in its entirety. The petition contains no confidential information. 
Furthermore, today's notice includes an alternate test procedure that 
Sanyo 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 
that Sanyo could use in lieu of testing all retail combinations of its 
ECO-i 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, pursuant to 10 CFR 431.401(d). The contact information for 
the petitioner is: Mr. Gary Nettinger, Vice President, Applied Products 
Group, Sanyo North America Corp., 1690 Roberts Blvd., NW, Suite 110, 
Kennesaw, GA 30144. 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).
    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.

    Issued in Washington, DC on March 10, 2010.
Cathy Zoi,
Assistant Secretary, Energy Efficiency and Renewable Energy.

SANYO North America Corp.
Commercial Solutions Division
HVAC Solutions Group
1690 Roberts Blvd., NW
Suite 110
Kennesaw, GA 30144
Tel: 678.355.6635
http://us.sanyo.com/hvac


[[Page 13118]]


January 4, 2010

Ms. Catherine Zoi
Assistant Secretary for Energy Efficiency and Renewable Energy
United States Department of Energy
1000 Independence Ave., SW
Washington, DC 20585-0121

Re: Petition for Waiver of Test Procedure and Application for Interim 
Waiver for ECO-i Air Source and Water Source Heat Pumps and Heat 
Recovery Products

Dear Assistant Secretary Zoi,

    SANYO North America Corporation (SANYO) respectfully petitions the 
Department of Energy (DOE) pursuant to 10 C.F.R Sec.  431.401(a) (1-1-
09 Edition) for a waiver of the test procedure as defined in 10 C.F.R 
Sec.  431.96 (1-1-09 Edition), ARI Standard 340/360-2004 and ISO 
Standard 13256-1 for SANYO's ECOi commercial Variable Refrigerant Flow 
(VRF) multi-split air and water source heat pump and heat recovery 
systems. This petition for waiver is requested for SANYO's ECOi VRF 
multi-split systems because the basic design of VRF multi split systems 
result in the inability to test or rate the performance of the system 
according to prescribed test procedures at this time. SANYO would also 
request that any future SANYO ECOi VRF multi-split products that may be 
developed also be provided waiver from test procedure until an accepted 
test procedure is identified by DOE.
    DOE has previously granted a similar waiver to SANYO for our first 
generation ECOi air source heat pump and heat recovery products on 
April 9, 2009 (F.R. Vol. 74/No. 67/pages 16193-16197). SANYO's ECOi VRF 
multi-split equipment addressed in this petition results from the 
planned introduction of our second generation ECOi product line 
targeted for a phased introduction beginning in February 2010. This new 
second generation ECOi product line incorporates new technologies and 
other design changes that increase the overall system performance and 
expand the product line. This new second generation product does 
however maintain many of the same basic functions and features of our 
original ECOi product line which was addressed a previous petition 
(Case No. CAC-017, dated February 22, 2007).

SECTION 1--BACKGROUND

    SANYO's ECO-i VRF Multi-split heat pumps and heat recovery products 
contains characteristics that prevent testing of the system using the 
procedures outlined in ARI 340/360-2004 or ISO 13256-1. The products 
identified in this request involve 90 unique outdoor models and 54 
unique indoor models and the line continues to expand. These indoor and 
outdoor units may be connected in such a substantial possible number of 
configurations that more than one million unique systems may be 
created. ECOi VRF multi-split systems may involve up to 40 indoor units 
being connected to an outdoor system. Simply stated, testing 
laboratories cannot test products with so many indoor units connected 
to an outdoor system. There are too many possible combinations to be 
feasibly tested. And testing facilities are not designed to test multi 
split VRF systems with such large numbers of indoor and outdoor units.
    As a result of the before mentioned test procedure problems, SANYO 
seeks a waiver from test procedures for these products and future ECOi 
VRF products until such time as a permanent or interim method of 
testing and rating VRF Multi-Split products is adopted.

SECTION 2--SANYO Petitions a Waiver from Test Procedure for the 
following Particular Basic Model Groups

    ECOi Outdoor Unit Air Source Heat Pump Series (208/230 Volt, 3 
Phase, 60 Hz):

 Models CHDX***63 with capacities ranging from 72,000 to 
288,000 BTU/Hr.
     ***: 072, 096, 144, 168, 192, 216, 240, 264, 288
 Models CHDXR***63 with capacities ranging from 72,000 to 
288,000 BTU/Hr.
     ***: 072, 096, 144, 168, 192, 216, 240, 264, 288

    ECOi Outdoor Unit Air Source Heat Pump Series (460 Volt, 3 Phase, 
60 Hz):

 Models CHDX***74 with capacities ranging from 72,000 to 
288,000 BTU/Hr.
     ***: 072, 096, 144, 168, 192, 216, 240, 264, 288
 Models CHDXR***74 with capacities ranging from 72,000 to 
288,000 BTU/Hr.
     ***: 072, 096, 144, 168, 192, 216, 240, 264, 288

    ECOi Outdoor Unit Air Source Heat Recovery Series (208/230 Volt, 3 
Phase, 60 Hz):

 Models CHDZ***63 with capacities ranging from 72,000 to 
288,000 BTU/Hr.
     ***: 072, 096, 144, 168, 192, 216, 240, 264, 288
 Models CHDZR***63 with capacities ranging from 72,000 to 
288,000 BTU/Hr.
     ***: 072, 096, 144, 168, 192, 216, 240, 264, 288

    ECOi Outdoor Unit Air Source Heat Recovery Series (460 Volt, 3 
Phase, 60 Hz):

 Models CHDZ***74 with capacities ranging from 72,000 to 
288,000 BTU/Hr.
     ***: 072, 096, 144, 168, 192, 216, 240, 264, 288
 Models CHDZR***74 with capacities ranging from 72,000 to 
288,000 BTU/Hr.
     ***: 072, 096, 144, 168, 192, 216, 240, 264, 288

    ECOi Outdoor Unit Water Source Heat Recovery Series (208/230 Volt, 
3 Phase, 60 Hz):

 Models CHWDZ***63 with capacities ranging from 72,000 to 
288,000 BTU/Hr.
     ***: 072, 096, 144, 168, 192, 216, 240, 264, 288

    ECOi Outdoor Unit Water Source Heat Recovery Series (460 Volt, 3 
Phase, 60 Hz):

 Models CHWDZ***74 with capacities ranging from 72,000 to 
288,000 BTU/Hr.
     ***: 072, 096, 144, 168, 192, 216, 240, 264, 288

    All outdoor units identified above are compatible for use with the 
below listed indoor units. SANYO ECOi indoor units operate on 208/230 
volt single phase 60 hertz power supplies.
    SANYO ECOi VRF Indoor Units:
 UMHX**62 series low profile concealed ducted with nominally 
rated capacities of 7,000, 9,000, 12,000, 15,000 and 18,000 BTU/hr.
 UHX**62 series low-medium static concealed ducted with 
nominally rated capacities of 7,000, 9,000, 12,000, 15,000, 18,000, 
24,000, 36,000, 48,000 and 54,000 BTU/hr.
 DHX**52 series medium-high static concealed ducted with 
nominally rated capacities of 36,000 and 48,000 BTU/hr.
 XMHX**52 series four way cassette with nominally rated 
capacities of 12,000 and 18,000 BTU/hr.
 XHX**52 series four way cassette with nominally rated 
capacities of 24,000 and 36,000 BTU/hr.
 AHX**52 series one way discharge ceiling cassette indoor units 
with nominally rated capacities of 7,000, 9,000 and 12,000 BTU/hr.
 FHX**62 series floor mounted with nominally rated capacities 
of 7,000, 9,000, 12,000, 15,000, 18,000 and 24,000 BTU/hr.
 FMHX**62 series floor mounted concealed with nominally rated 
capacities of 7,000, 9,000, 12,000, 15,000, 18,000 and 24,000 BTU/hr.
 KHX**52 series wall mounted with nominally rated capacities of 
7,000,

[[Page 13119]]

9,000, 12,000, 15,000, 18,000 and 24,000 BTU/hr.
 KHX**62 series wall mounted with nominally rated capacities of 
18,000 and 19,000 BTU/hr.
 THX**52 series ceiling suspended with nominally rated 
capacities of 12,000, 18,000 and 24,000 BTU/hr.
 VHX**62 series vertical air handler with nominally rated 
capacities of 12,000, 18,000, 24,000, 30,000, 36,000, 42,000, 48,000 
and 60,000 BTU/hr.

SECTION 3--DESIGN CHARACTERISTICS CONSTITUTING THE GROUNDS FOR PETITION

    ECO-i VRF multi split products enable the connection of multiple 
indoor units to an outdoor unit or outdoor system comprised of one, two 
or even three interconnected outdoor units. SANYO designs and 
manufactures ECOi VRF multi-split systems outdoor units which utilize 
either air or water as the heat exchange media. All outdoor units are 
capable of part load operation by varying refrigerant flow through the 
use of inverter driven variable speed compressor technology. This 
results in the outdoor units operating capacity closely matching the 
actual indoor load. The ECO-i product line is designed to optimize 
overall system performance and efficiency when operating at part load. 
This significantly decreases overall energy usage.
    Each indoor unit of the ECO-i system may have an individual remote 
controller that allows the occupant to adjust their temperature 
independently of the set temperature of other indoor units connected to 
the same outdoor unit. Some of the indoor units may be set to the 
``off'' mode which increases energy sayings even further when heating 
or cooling is not required.
    The variable speed compressor is capable of reducing operating 
capacity to a fraction of its full load capacity. This results in a 
significant energy savings when only a small amount of heating or 
cooling is required.
    The VRF multi-split technology that is incorporated in the ECO-i 
system allows up to 130% of indoor unit rated capacity to be connected 
to the outdoor unit system. VRF technology allows this mis-match of 
indoor to outdoor capacity to again save energy and to utilize load 
shifting diversity while still meeting the HVAC requirements of the 
building.
    ECO-i series ``CHDZ Heat Recovery'' VRF multi-split outdoor units 
go one step farther by allowing the consumer to operate both heating 
and cooling simultaneously. In the simultaneous mode, heat is actually 
being removed from the ``cooling zones'' and deposited in the ``heating 
zones'' via the system's heat recovery ability. Although there is no 
currently adopted DOE, AHRI or ASHRAE method to recognize the systems 
performance during simultaneous operation, it is certainly reasonable 
to believe that the overall system efficiency is dramatically 
increased. This increase in efficiency occurs because some indoor units 
within the building are acting as condensers while other indoor units 
are acting as evaporators at the same time. This means that heat is 
transferred within the building rather than being wasted to the outdoor 
environment.
    Multi-split VRF technology will help our nation to reduce the 
amount of energy needed to heat and cool our buildings. SANYO is 
pleased to introduce this technology to not only improve the control 
that the end user has over their environment but also to help with our 
nation's desire to reduce overall energy usage.
    The Department of Energy (DOE) has previously granted waivers and/
or interim waivers to other manufacturers of similar VRF multi-split 
equipment that contain the same basic design characteristics as that of 
SANYO's ECO-i product line. Such waiver relief has been granted to:

----------------------------------------------------------------------------------------------------------------
 
----------------------------------------------------------------------------------------------------------------
[rtarr8] Mitsubishi..................  69 Fed. Reg., 52660..........  August 27, 2004.
[rtarr8] Samsung.....................  70 Fed. Reg., 9629...........  February 28, 2005.
[rtarr8] Mitsubishi..................  71 Fed. Reg., 14858..........  March 24, 2006.
[rtarr8] Mitsubishi..................  72 Fed. Reg., 17528..........  April 9, 2007.
[rtarr8] Samsung.....................  72 Fed. Reg., 71387..........  December 17, 2007.
[rtarr8] Fujitsu.....................  72 Fed. Reg., 71383..........  December 17, 2007.
[rtarr8] SANYO.......................  73 Fed. Reg., 179............  January 7, 2008.
[rtarr8] Daikin......................  73 Fed. Reg., 1207, 1213.....  January 7, 2008.
[rtarr8] Daikin......................  73 Fed. Reg., 39,680.........  July 10, 2008.
[rtarr8] SANYO.......................  74 Fed. Reg., No. 67.........  April 9, 2009.
----------------------------------------------------------------------------------------------------------------

SECTION 4--SPECIFIC REQUIREMENTS SOUGHT TO BE WAIVED

    SANYO petitions waiver from the test conditions and procedures of 
ARI Standard 340/360-2004 identified by Table 1 to Sec.  431.96 and to 
section 431.96 of 10 C.F.R 431 (1-1-09 Edition) for our ECOi VRF multi-
split air cooled heat pump and heat recovery systems with nominal 
capacity ranging from 72,000 to 288,000 BTU/hr.
    SANYO also petitions waiver from the test conditions and procedures 
of ISO Standard 13256-1 (1998) identified in Table 1 to Sec.  431.96 
and to section 431.96 of 10 C.F.R 431 (1-1-09 Edition) for our ECOi VRF 
multi-split water source heat pump and heat recovery systems with 
nominal capacity ranging from 72,000 to 288,000 BTU/hr.

SECTION 5--IDENTITY OF MANUFACTURERS OF SIMILAR BASIC MODELS

    To the best of our knowledge the following manufacturers either 
currently market similar VRF products within the United States:

 Daikin AC (Americas), Inc.
 Fujitsu General America, Inc.
 LG Electronics U.S.A., Inc.
 Mitsubishi Electric & Electronics USA, Inc.

SECTION 6--ALTERNATE TESTING PROCEDURES

    SANYO requests that DOE apply the same Alternative Test Procedure 
to cover the ECOi systems defined in Section 2 above as DOE previously 
applied to SANYO's first generation ECOi VRF multi-split products as 
defined in Federal Register/Vol. 74, No. 67/Thursday, April 9, 2009/
Notices, pages 16195 and 16196.

SECTION 7--APPLICATION FOR INTERIM WAIVER

    In accordance with 10 CFR 431.401(a)(2) SANYO takes this 
opportunity to also submit an Application for Interim Waiver of test 
procedures for our ECO-i VRF multi-split models listed in Section 2 of 
this document. SANYO believes that it is likely that our Petition for 
Waiver will be granted based upon but not limited to the following 
supportive facts:
 The approvals of similar Petitions for Waiver and/or 
Applications for Interim Waivers requests have previously been granted 
by DOE for Mitsubishi Electric & Electronics

[[Page 13120]]

USA, Daikin AC (Americas), Samsung, Fujitsu General America, Inc. and 
SANYO. Details of these approvals are provided in Section 3 of this 
document.
 Through the approval of previous Petitions for Waiver and 
Applications for Interim Waiver it has been demonstrated that testing 
standards such as ARI 340-360 and ISO 13256-1 do not adequately define 
uniform methods to test and rate the performance the VRF multi-split 
products.
 Failure to approve our Petition for Waiver and Application for 
Interim Waiver will not only result in significant economic hardship 
but SANYO will also suffer a serious competitive disadvantage as other 
manufacturers of similar product continue to be able to market their 
VRF multi-split products and gain market share while SANYO could not.
 A significant portion of SANYO's overall projected sales 
revenues are dependent upon the timely introduction of this product 
line. Our intention is to begin introducing these new ECOi products in 
February 2010.
 The approval of this waiver and interim waiver is in the best 
interest of our public and government initiatives to reduce national 
energy usage.

    It is therefore reasonable for one to believe that SANYO's petition 
will also be granted.

SECTION 8--CONFIDENTIAL INFORMATION

    SANYO makes no request to DOE related to this Petition for Waiver 
from Test Procedure or Application for Interim Waiver containing 
confidential information.

SECTION 9--CONCLUSION

    It is clear that without the approval of this Petition for Waiver 
and Application for Interim Waiver that SANYO will loose our ability to 
effectively compete in the United States VRF market. This is a market 
in which our company has proven success with HVAC products for more 
than 25 years and even longer in many other countries throughout the 
world. SANYO is pleased to have an opportunity to bring this leading 
edge technology to the United States market, to not only improve the 
comfort of Americans but also to also reduce the amount of energy 
consumed on building cooling and heating.
    SANYO respectfully requests the Department of Energy grant our 
Application for Interim Waiver and our Petition for Waiver from Test 
Procedure to enable the introduction of our second generation advanced 
ECO-i products to the U.S. market. Granting these requested waivers 
will permit us to effectively compete in the marketplace.
    Due to our near term introduction of our ECO-i product offering we 
would greatly appreciate a timely response to this Petition for Waiver 
from Test Procedure and Application for Interim Waiver.
    As stated in the introduction of this request SANYO would also 
request that any future SANYO ECOi products that may be developed also 
be provided waiver from test procedure until an accepted test procedure 
is identified by DOE.
    Should you or any parties have questions related to this Petition 
for Waiver from Test Procedure and Application for Interim Waiver, 
please contact Gary Nettinger at 678-810-0261 or by email at 
[email protected].

Sincerely,

Gary Nettinger
Vice President; Applied Products Group
SANYO North America, Corp.
1690 Roberts Blvd., NW
Suite 110
Kennesaw, GA 30144
cc:

Daikin AC (Americas), Inc.
1645 Wallace Drive, Suite 110
Carrollton, TX 75006
Attn: Akinori Atarashi, President

Fujitsu General America, Inc.
353 Route 46 West
Fairfield, NJ 07004
Attn: Arturo Thur De Koos, Engineering & Technical Support

LG Electronics USA, Inc.
1750 K Street NW
Washington, DC 20006
Attn: John I. Taylor, Vice President, Public Affairs and Communications

Mitsubishi Electric & Electronics USA, Inc.
4300 Lawrenceville-Suwanee Road
Suwanee, GA 30024
Attn: William Rau, Senior Vice President and General Manager

[FR Doc. 2010-5934 Filed 3-17-10; 8:45 am]
BILLING CODE 6450-01-P