[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