[Federal Register Volume 76, Number 106 (Thursday, June 2, 2011)]
[Notices]
[Pages 31946-31951]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-13659]


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DEPARTMENT OF ENERGY

Office of Energy Efficiency and Renewable Energy

[Case No. CAC-033]


Energy Conservation Program for Certain Industrial Equipment: 
Publication of the Petition for Waiver From Fujitsu General Limited 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 Fujitsu General Limited (Fujitsu). 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 
central air conditioners and heat pumps. The petition is specific to 
the Fujitsu variable capacity AIRSTAGE V-II (commercial) multi-split 
heat pumps. Through this document, DOE: (1) Solicits comments, data, 
and information with respect to the Fujitsu petition; and (2) announces 
the grant of an interim waiver to Fujitsu 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 Fujitsu petition until, but no later than July 5, 2011.

ADDRESSES: You may submit comments, identified by case number ``CAC-
033,'' by any of the following methods:
     Federal eRulemaking Portal: http://www.regulations.gov. 
Follow the instructions for submitting comments.
     E-mail: [email protected]. Include the case 
number [CAC-033] 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 and waivers 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. Elizabeth 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 B of Title III, which establishes the ``Energy Conservation 
Program for Consumer Products Other Than Automobiles.'' (42 U.S.C. 
6291-6309). Part C 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.\1\ (42 U.S.C. 6311-
6317).
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    \1\ For editorial reasons, upon codification in the U.S. Code, 
Parts B and C were re-designated as Parts A and A-1, respectively.
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    Today's notice involves commercial equipment under Part C. Part C 
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 C 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

[[Page 31947]]

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. 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 Fujitsu's 
commercial AIRSTAGE V-II multi-split heat pump products at issue in the 
waiver petition filed by Fujitsu range from 72,000 Btu/h to 288,000 
Btu/h. All of these products are covered by ARI Standard 340/360-2004, 
which includes 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 April 25, 2011, Fujitsu filed a petition for waiver from the 
test procedures at 10 CFR 431.96 applicable to commercial package air 
source central air conditioners and heat pumps, as well as an 
application for interim waiver. The capacities of the Fujitsu AIRSTAGE 
V-II multi-split heat pumps range from 72,000Btu/hto 288,000Btu/h. The 
applicable test procedure is ARI 340/360-2004. Manufacturers are 
directed to use this test procedure pursuant to Table 1 of 10 CFR 
431.96.
    Fujitsu seeks a waiver from the applicable test procedures under 10 
CFR 431.96 on the grounds that its AIRSTAGE V-II multi-split heat pumps 
contain design characteristics that prevent testing according to the 
current DOE test procedures. Specifically, Fujitsu asserts that the two 
primary factors that prevent testing of its AIRSTAGE V-II 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.
    See, e.g., 72 FR 17528 (April 9, 2007) (Mitsubishi); 76 FR 19069 
(April 6, 2011) (Daikin); 76 FR 19078 (April 6, 2011) (Mitsubishi).
    The AIRSTAGE V-II systems have operational characteristics similar 
to the commercial multi-split products manufactured by Mitsubishi, 
Samsung, Fujitsu, Sanyo and Daikin. As indicated above, DOE has already 
granted waivers for these products. The AIRSTAGE V-II system consists 
of multiple indoor units connected to one or multiple outdoor units. 
They have the capability of connecting the outdoor unit with up to 45 
indoor units selected from 10 chassis types with 43 basic models, 
giving these systems more than a million installation combinations. 
Consequently, Fujitsu requested that DOE grant a waiver from the 
applicable test procedures for its AIRSTAGE V-II product designs.

III. Application for Interim Waiver

    On April 25, 2011, Fujitsualso submitted an application for an 
interim waiver from the test procedures at 10 CFR 431.96 for its 
AIRSTAGE V-II equipment. DOE determined that Fujitsu'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 Fujitsu 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, 
Fujitsu's products would not be tested and rated for energy consumption 
in the same manner as equivalent products for which DOE previously 
granted waivers. Furthermore, DOE has determined that it appears likely 
that Fujitsu's petition for waiver will be granted and that is 
desirable for public policy reasons to grant Fujitsu immediate relief 
pending a determination on the petition for waiver. DOE believes that 
it is likely Fujitsu's petition for waiver for the new AIRSTAGE V-II 
multi-split models will be granted because, as noted above, DOE has 
previously granted a number of waivers for similar product designs. The 
two principal reasons supporting the grant of the previous waivers also 
apply to Fujitsu's AIRSTAGE V-II 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.
    Therefore, it is ordered that:
    The application for interim waiver filed by Fujitsu is hereby 
granted for Fujitsu's AIRSTAGE V-II multi-split heat pumps, subject to 
the specifications and conditions below.
    1. Fujitsu shall not be required to test or rate its AIRSTAGE V-II 
commercial multi-split products on the basis of the existing test 
procedures under 10 CFR 431.96, which incorporates by reference ARI 
340/360-2004.
    2. Fujitsu shall be required to test and rate its AIRSTAGE V-II 
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:

[[Page 31948]]

    Outdoor units, 208/230Vac, 3-phase, 60Hz, Air-Source Heat pump 
models:
    Stand alone models:
    AOUA72RLBV and AOUA96RLBV with nominal cooling capacities of 72,000 
and 96,000 Btu/hr respectively.

 
------------------------------------------------------------------------
           Add-on system models                    (Module models)
------------------------------------------------------------------------
AOUA144RLBVG..............................  (AOUA72RLBV + AOUA72RLBV)
AOUA168RLBVG..............................  (AOUA72RLBV + AOUA96RLBV)
AOUA192RLBVG..............................  (AOUA96RLBV + AOUA96RLBV)
AOUA216RLBVG..............................  (AOUA72RLBV + AOUA72RLBV +
                                             AOUA72RLBV)
AOUA240RLBVG..............................  (AOUA72RLBV + AOUA72RLBV +
                                             AOUA96RLBV)
AOUA288RLBVG..............................  (AOUA96RLBV + AOUA96RLBV +
                                             AOUA96RLBV)
------------------------------------------------------------------------

    With nominal cooling capacities of 144,000, 168,000, 192,000, 
216,000, 240,000 and 288,000 Btu/hr respectively.
    Compatible indoor units for the above listed outdoor units:
    Compact cassette:
    AUUA7RLAV, AUUA9RLAV, AUUA12RLAV, AUUA14RLAV, AUUA18RLAV and 
AUUA24RLAV with nominal cooling capacities of 7,500, 9,500, 12,000, 
14,000, 18,000 and 24,000 Btu/hr respectively.
    Cassette:
    AUUB30RLAV and AUUB36RLAV with nominal cooling capacities of 30,000 
and 36,000 Btu/hr respectively.
    Slim cassette:
    AUUB18RLAV and AUUB24RLAV with nominal cooling capacities of 18,000 
and 24,000 Btu/hr respectively.
    Compact wall mounted:
    ASUA7RLAV, ASUE7RLAV, ASUA9RLAV, ASUE9RLAV, ASUA12RLAV, ASUE12RLAV, 
ASUA14RLAV and ASUE14RLAV with nominal cooling capacities of 7,500, 
7,500, 9,500, 9,500, 12,000, 12,000, 14,000 and 14,000 Btu/hr 
respectively.
    Wall mounted:
    ASUB18RLAV and ASUB24RLAV with nominal cooling capacities of 18,000 
and 24,000 Btu/hr respectively.
    Floor/Ceiling (Universal):
    ABUA12RLAV, ABUA14RLAV, ABUA18RLAV and ABUA24RLAV with nominal 
cooling capacities of 12,000, 14,000, 18,000, 24,000 Btu/hr 
respectively.
    Ceiling:
    ABUA30RLAV and ABUA36RLAV with nominal cooling capacities of 30,000 
and 36,000 Btu/hr respectively.
    Slim duct:
    ARUL7RLAV, ARUL9RLAV, ARUL12RLAV, ARUL14RLAV and ARUL18RLAV with 
nominal cooling capacities of 7,500, 9,500, 12,000, 14,000 and 18,000 
Btu/hr respectively.
    Middle static pressure duct::
    ARUM24RLAV, ARUM30RLAV, ARUM36RLAV, ARUM48RLAV and ARUM54RLAV with 
nominal cooling capacities of 24,000, 30,000, 36,000, 48,000 and 54,000 
Btu/hr respectively.
    High static pressure duct:
    ARUH36RLAV, ARUH48RLAV, ARUH54RLAV, ARUH60RLAV, ARUH72RLAV, 
ARUH90RLAV and ARUH96RLAV with nominal cooling capacities of 36,000, 
48,000, 60,000, 72,000, 90,000 and 96,000 Btu/hr respectively.
    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.
    DOE makes decisions on waivers and interim waivers for only those 
models specifically set out in the petition, not future models that may 
be manufactured by the petitioner. Fujitsu may submit a new or amended 
petition for waiver and request for grant of interim waiver, as 
appropriate, for additional models of commercial package air 
conditioners and heat pumps for which it seeks a waiver from the DOE 
test procedure. In addition, DOE notes that grant of an interim waiver 
or waiver does not release a petitioner from the certification 
requirements set forth at 10 CFR Part 429.

IV. Alternate Test Procedure

    In responses to two 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 atesting protocol 
for variable refrigerant flow systems. The committee has developed a 
test procedure which has been adopted by AHRI--``ANSI/AHRI 1230--2010: 
Performance Rating of Variable Refrigerant Flow (VRF) Multi-Split Air-
Conditioning and Heat Pump Equipment'' and incorporated into ASHRAE 
90.1--2010. The commercial multisplit waivers that DOE has granted to 
Mitsubishi and several other manufacturers and the alternate test 
procedure set forth in those waivers are consistent with ANSI/AHRI 
1230-2010. The waivers use a definition of ``tested combination'' that 
is substantially the same as the definition in ANSI/AHRI 1230-2010. As 
a result, DOE is considering prescribing ANSI/AHRI 1230-2010 in the 
subsequent decision and order as the alternate test procedure for this 
Fujitsu waiver. For the interim waiver, however, DOE will continue to 
require the use of the alternate test procedure prescribed in the past 
multisplit waivers.
    Therefore, as a condition forgranting this interim waiver to 
Fujitsu, DOE is including an alternate test procedure similar to those 
granted to Mitsubishi for its R22 and R410A products. This alternate 
test procedure will allow Fujitsu to test and make energy efficiency 
representations for its AIRSTAGE V-II 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 a number of other manufacturers.

[[Page 31949]]

    The alternate test procedure developed in conjunction with the 
Mitsubishi waiver permits Fujitsu 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.
    DOE is including the following waiver language in the interim 
waiver for Fujitsu's AIRSTAGE V-II commercial multi-split water-source 
heat pump models:
    1. Fujitsu shall not be required to test or rate its AIRSTAGE V-II 
commercial multi-split heat pumps according to the existing test 
procedures under Table 1 of 10 CFR 431.96, which incorporates by 
reference the Air-Conditioning and Refrigeration Institute (ARI) 
Standard 340/360-2004. Fujitsu will be required, however, to test and 
rate its AIRSTAGE V-II commercial multi-split heat pumps covered in 
this waiver according to the alternate test procedure as set forth 
below:
    2. Alternate test procedure.
    (A) Fujitsu shall be required to test the products listed above 
according to the test procedures for central air conditioners and heat 
pumps prescribed by DOE at 10 CFR 431.96, except that Fujitsu 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, Fujitsu shall 
make representations concerning the AIRSTAGE V-II 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, toenable testing of 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.
    3. Representations. In making representations about the energy 
efficiency of its AIRSTAGE V-II variable capacity multi-split heat pump 
products for compliance, marketing, or other purposes, Fujitsu must 
fairly disclose the results of testing under the DOE test procedurein a 
manner consistent with the provisions outlined below:
    (1) For AIRSTAGE V-II combinations tested in accordance with this 
alternate test procedure, Fujitsumay make representations based on 
these test results.
    (2) For AIRSTAGE V-II combinations that are not tested, Fujitsumay 
make representations of non-tested combinations at the same energy 
efficiency level as the tested combination. The outdoor unitmust be the 
one used in 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 Fujitsu 
petition for waiver from the test procedures applicable to Fujitsu's 
AIRSTAGE V-II commercial multi-split heat pump products. For the 
reasons articulated above, DOE also grants Fujitsu an interim waiver 
from those procedures. As part of this notice, DOE publishes Fujitsu's 
petition for waiver in its entirety. The petition contains no 
confidential information. Furthermore, today's notice includes an 
alternate test procedure that Fujitsu is required to follow as a 
condition of its interim waiver.In this alternate test procedure, DOE 
is defining a tested combination that Fujitsu could use in lieu of 
testing all retail combinations of its AIRSTAGE V-II 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: Masami Kato, Manager, Engineering Attestation 
Administration Department, Air Conditioner Administration Division, 
FUJITSU General Limited, 1116 Suenaga, Takatsu-ku, Kawasaki 213-8502, 
Japan. 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 May 26, 2011.
Kathleen Hogan,
Deputy Assistant Secretary for Energy Efficiency, Office of Technology 
Development, Energy Efficiency and Renewable Energy.
April 25, 2011

The Honorable Dr. Henry Kelly
    Acting Assistant Secretary and Principal Deputy Assistant 
Secretary for the Office of Energy Efficiency and Renewable Energy
U.S. Department of Energy 1000 Independence Ave, SW., Washington,

[[Page 31950]]

DC 20585-0121

Re: Petition for Waiver and Application for Interim Waiver of Test 
Procedure

Dear Assistant Secretary Kelly:

    Pursuant to 10 CFR 431. 401(a)(1), Fujitsu General Limited 
(FUJITSU) established in Japan, respectfully submits Petition for 
Waiver from test procedure at 10 CFR 431.96, i.e., ARI Standard 340/
360-2004, applicable to commercial package air source central air 
conditioners and heat pumps for the FUJITSU's AIRSTAGE V-IIsystem, 
Variable Refrigerant Flow (VRF) Multi-Split Systems, because the 
basic model contains design characteristics which prevent testing of 
the basic model according to the prescribed test procedures.
    FUJITSU also submits an application for interim waiver of the 
applicable test procedure for the same systems pursuant to 10 CFR 
431. 401(a)(2).

1. Background

    On June 14, 2004, FUJITSU submitted a Petition for Waiver from 
the test procedures applicable to its AIRSTAGE product line of 
residential and light commercial products because the design 
characteristics of these models prevented testing according to the 
currently prescribed test procedures.
    Specifically, these models can connect an outdoor unit to many 
more indoor units than the test laboratories can physically test at 
one time, and it is not practical to test all of the potentially 
available combinations.
    After consideration of all the materials submitted by FUJITSU, 
DOE classified its AIRSTAGE products as ``consumer products'' 
because:
     AIRSTAGE product line at issue involved single-phase 
equipment for both residential and light commercial use and there 
was no DOE test procedure for single-phase, small commercial package 
air-conditioning and heating equipment, no waiver was required for 
FUJITSU's single-phase commercial AIRSTAGE products.
     Nonetheless, a significant extent, they were for 
personal use or consumption by individuals (given their frequent 
residential applications). (42 U.S.C. 6291(1)(B)) Thus, the 
FUJITSU's AIRSTAGE product line required a waiver from DOE's test 
procedure for residential central air conditioners and heat pumps, 
under 10 CFR part 430, subpart B, Appendix M.
    On December 17, 2007, DOE granted the requested waiver because 
there was the problem of being physically unable to test most of the 
complete systems in a laboratory. The waiver included an alternate 
test procedure pursuant to which FUJITSU must test and rate the 
products covered by the waiver. 72 FR 14858 (December17, 2007).
    Today, FUJITSUsubmits a Petition for Waiver from the test 
procedures applicable to its AIRSTAGE product line of commercial (3-
phase) VRF multi-split ``AIRSTAGE V-II''.

2. The Design Characteristics

    FUJITSU's AIRSTAGE V-II system has the following design 
characteristics and applications:
     Consists of multi-split, multi-zone units utilizing one 
ormultiple outdoor units (Add-on system) that have the capability of 
connecting the outdoor unit with up to 45 indoor units selected from 
10 chassis types with 43 basic models (listed in item 3. 
Identification of the particular basic models for which a waiver is 
requested), giving these systems more than million installation 
combinations.
     The compressor is capable of reducing its operating 
capacity to as little as 10% of its rated capacity. Zone diversity 
enables AIRSTAGE V-II to have a total connected indoor unit capacity 
of up to 150% of the capacity of the outdoor unit.
     The operating characteristics allow each indoor unit 
can be independently controlled and to have a different set 
temperature and a different mode of operation (i.e. on/off/fan).
     Equip with variable speed indoor and outdoor high 
efficiency fan motors to precisely control operating pressures and 
airflow rates.
     Piping connections are made by outdoor unit branch kit, 
separation tube and/or header. Actual piping length150m maximum 
allows for application in a wide variety buildings. Height 
difference between outdoor and indoor units 50m maximum and indoor 
and indoor units 15m maximum.
     Uses electronically controlled expansion valves to 
precisely control refrigerant flow, superheat, sub-cooling, pump 
down functions and even oil flow throughout the system.

3. Identification of the Particular Basic Models for Which a Waiver Is 
Requested:

    We seek a waiver from the test procedures for the following 
AIRSTAGE V-II basic models;
    Outdoor units, 208/230Vac, 3-phase, 60Hz, Air-Source Heat pump 
models:
    Standalone models AOUA72RLBV and AOUA96RLBV with nominal cooling 
capacities of 72,000 and 96,000 Btu/hr respectively.

------------------------------------------------------------------------
           Add-on system models                    (Module models)
------------------------------------------------------------------------
AOUA144RLBVG..............................  (AOUA72RLBV + AOUA72RLBV)
AOUA168RLBVG..............................  (AOUA72RLBV + AOUA96RLBV)
AOUA192RLBVG..............................  (AOUA96RLBV + AOUA96RLBV)
AOUA216RLBVG..............................  (AOUA72RLBV + AOUA72RLBV +
                                             AOUA72RLBV)
AOUA240RLBVG..............................  (AOUA72RLBV + AOUA72RLBV +
                                             AOUA96RLBV)
AOUA288RLBVG..............................  (AOUA96RLBV + AOUA96RLBV +
                                             AOUA96RLBV)
------------------------------------------------------------------------

with nominal cooling capacities of 144,000, 168,000, 192,000, 
216,000, 240,000 and 288,000 Btu/hr respectively.
    Compatible indoor units for the above listed outdoor units:
    Compact cassette:
    AUUA7RLAV, AUUA9RLAV, AUUA12RLAV, AUUA14RLAV, AUUA18RLAV and 
AUUA24RLAV with nominal cooling capacities of 7,500, 9,500, 12,000, 
14,000, 18,000 and 24,000 Btu/hr respectively.
    Cassette:
    AUUB30RLAV and AUUB36RLAV with nominal cooling capacities of 
30,000 and 36,000 Btu/hr respectively.
    Slim cassette:
    AUUB18RLAV and AUUB24RLAV with nominal cooling capacities of 
18,000 and 24,000 Btu/hr respectively.
    Compact wall mounted:
    ASUA7RLAV, ASUE7RLAV, ASUA9RLAV, ASUE9RLAV, ASUA12RLAV, 
ASUE12RLAV, ASUA14RLAV and ASUE14RLAV with nominal cooling 
capacities of 7,500, 7,500, 9,500, 9,500, 12,000, 12,000, 14,000 and 
14,000 Btu/hr respectively.
    Wall mounted:
    ASUB18RLAV and ASUB24RLAV with nominal cooling capacities of 
18,000 and 24,000 Btu/hr respectively.
    Floor/Ceiling (Universal):
    ABUA12RLAV, ABUA14RLAV, ABUA18RLAV and ABUA24RLAV with nominal 
cooling capacities of 12,000, 14,000, 18,000, 24,000 Btu/hr 
respectively.
    Ceiling:
    ABUA30RLAV and ABUA36RLAV with nominal cooling capacities of 
30,000 and 36,000 Btu/hr respectively.
    Slim duct:
    ARUL7RLAV, ARUL9RLAV, ARUL12RLAV, ARUL14RLAV and ARUL18RLAV with 
nominal cooling capacities of 7,500, 9,500, 12,000, 14,000 and 
18,000 Btu/hr respectively.
    Middle staticpressure duct:
    ARUM24RLAV, ARUM30RLAV, ARUM36RLAV, ARUM48RLAV and ARUM54RLAV 
with nominal cooling capacities of 24,000, 30,000, 36,000, 48,000 
and 54,000 Btu/hr respectively.
    High staticpressure duct:
    ARUH36RLAV, ARUH48RLAV, ARUH54RLAV, ARUH60RLAV, ARUH72RLAV, 
ARUH90RLAV and ARUH96RLAV with nominal cooling capacities of 36,000, 
48,000, 60,000, 72,000, 90,000 and 96,000 Btu/hr respectively.

4. Design Characteristics Constituting the Grounds for the Petition

    FUJITSU seek a waiver from the applicable test procedures under 
10 CFR 431.96 on the grounds that its AIRSTAGE V-II multi-split 
contain design characteristics that prevent testing according to the 
current DOE test procedures. Specifically, FUJITSU assert that the 
two primary factors that prevent testing of its AIRSTAGE V-II 
products are the same factors stated in the waivers that DOE granted

[[Page 31951]]

to Mitsubishi Electric & Electronics USA, Inc. (Mitsubishi) and 
other manufacturers for similar lines of commercial multi-split 
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.
    Mitsubishi (69 FR 52660, August 27, 2004); 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); Daikin (74 FR 16193, April 9, 
2009); Daikin (74 FR 16373, April 10, 2009); Mitsubishi (74 FR 
66311, 66315, December 15, 2009); LG (74 FR66330, December 15, 
2009); Daikin (75 FR 22581, April 29, 2010); Daikin (75 FR 25224, 
May 7, 2010) and Sanyo (75 FR 41845, July 19, 2010)

5. The Specific Requirements Sought To Be Waived

    FUJITSU seeks a waiver from the test procedures at 10 CFR 431.96 
applicable to commercial package air source central air conditioners 
and heat pumps.
    Specially, the applicable test procedure of ARI 340/360-2004 for 
AIRSTAGE V-II products listed in Item 3. Identification of the 
particular basic models for which a waiver is requested.

6. Identity of the Manufacturers of All Other Basic Models:

    The FUJITSU's AIRSTAGE V-II systems incorporate similar design 
characteristics and configuration as those as VRF Multi-Split 
Systems being marketed in the United States by Mitsubishi Electric 
and Electronics USA Inc., Samsung Air Conditioning, Daikin AC 
(America), Inc., SANYO North America Corp., LG Electronics U.S.A., 
Inc. and Carrier Corp.

7. Alternate Test Procedures

    FUJITSU requests that DOE adopt ANSI/AHRI Standard 1230-2010, 
Performance Rating of Variable Refrigerant Flow (VRF) Multi-Split 
Air-Conditioning and Heat Pump Equipment Standard as an alternate 
test procedure.
    AHRI 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--``ANSI/AHRI 1230-2010: Performance Rating of Variable 
Refrigerant Flow (VRF) Multi-Split Air-Conditioning and Heat Pump 
Equipment'' and incorporated into ANSI/ASHRAE/IES Standard 90.1-
2010. In addition, ENERGY STAR has adopted AHRI 1230-2010 as test 
methods for Light Commercial Heating and Cooling Equipment.
    The commercial multi-split waivers that DOE has granted to 
Mitsubishi and several other manufacturers and the alternate test 
procedure set forth in those waivers are consistent with ANSI/AHRI 
1230--2010.The waivers use a definition of ``tested combination'' 
that is substantially the same as the definition in ANSI/AHRI 1230--
2010. Thus, DOE is considering prescribing ANSI/AHRI 1230--2010 in 
the subsequent decision and order as the alternate test procedure 
for these waivers.
    Mitsubishi (76 FR 19078, April 6, 2011), Daikin(76 FR 19069, 
April 6, 2011) and Carrie (76 FR 19759, April 8, 2011).

8. Application for Interim Waiver

    Pursuant to 10 CFR 431. 401(a)(2), FUJITSU also submits an 
Application for Interim Waiver of the applicable test procedure 
requirements for the same systems listed in item 3. Identification 
of the particular basic models for which a waiver is requested. The 
basis for Application for Interim Waiver is as follows:
    FUJITSU believes that it is likely FUJITSU petition for waiver 
for the AIRSTAGE V-II multi-split heat pump models will be granted 
because, as noted item 4. Design characteristics constituting the 
grounds for the petition, DOE has previously granted a number of 
waivers for similar product designs based on two principal reasons 
below;
    (1) Test laboratories cannot test equipment with so many indoor 
units; and
    (2) It is impractical to test so many combinations of indoor 
units with each outdoor unit.
    FUJITSU would make it clear that delay in receiving a waiver are 
providing our competitor Mitsubishi Electric and Electronics USA 
Inc., Samsung Air Conditioning, Daikin AC (America), Inc., SANYO 
North America Corp., LG Electronics U.S.A., Inc. and Carrier Corp. 
with an unfair advantage over our entrance into the market place by 
not offering a uniform waiver and they show preferential treatment 
and make us competitive disadvantage in marketing.
    As FUJITSU'sAIRSTAGE V-II products are quite similar to these 
Mitsubishi CITY MULTI products and other manufacturers products, 
there is no particular reason for DOE to hesitate a waiver to our 
case.

9. Confidential Information

    FUJITSU makes no request to DOE regarding the confidential 
treatment of any information contained in this Petition for Waiver 
and Application for interim Waiver.

10. Conclusion

    FUJITSU respectfully requests DOE to grant its Petition for 
Waiver and Application for Interim Waiver of the applicable test 
procedure to FUJITSU's AIRSTAGE V-II multi-split heat pumps.
    If we can provide further information, or if it would be helpful 
to discuss any of this matter further, please contact Mr. Roy 
Kuczera, Senior Vice President, FUJITSU General America, Inc. 353 
Route 46 W., Fairfield, N.J. 07004 U.S.A. Phone (973) 575-0380 or 
undersigned.

Yours very truly,

Masami Kato,

Manager, Engineering Attestation Administration Department Air 
Conditioner Administration Division.

FUJITSU General Limited,

1116 Suenaga, Takatsu-ku, Kawasaki 213-8502, Japan, Phone 
+81(44)861-7638.
[FR Doc. 2011-13659 Filed 6-1-11; 8:45 am]
BILLING CODE 6450-01-P