[Federal Register Volume 76, Number 156 (Friday, August 12, 2011)]
[Notices]
[Pages 50204-50207]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-20539]


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DEPARTMENT OF ENERGY

Office of Energy Efficiency and Renewable Energy

[Case No. CAC-033]


Decision and Order Granting a Waiver to Fujitsu General Limited 
From the Department of Energy Commercial Package Air Conditioner and 
Heat Pump Test Procedures

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

ACTION: Decision and Order.

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SUMMARY: This notice publishes the U.S. Department of Energy's (DOE) 
Decision and Order in Case No. CAC-033, which grants Fujitsu General 
Limited (Fujitsu) a waiver from the existing DOE test procedures 
applicable to commercial package air-source central air conditioners 
and heat pumps. The waiver is specific to the Fujitsu AIRSTAGE V-II 
Variable Refrigerant Flow (VRF) multi-split commercial heat pump models 
specified in Fujitsu's petition for waiver. As a condition of this 
waiver, Fujitsu must use the alternate test procedure set forth in this 
notice to test and rate these AIRSTAGE V-II VRF multi-split commercial 
heat pumps.

DATES: This Decision and Order is effective August 12, 2011.

FOR FURTHER INFORMATION CONTACT: Dr. Michael G. Raymond, U.S. 
Department of Energy, Building Technologies Program, Mailstop EE-2J, 
1000 Independence Avenue, SW., Washington, DC 20585-0121. Telephone: 
(202) 586-9611. E-mail: [email protected].
    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: In accordance with Title 10 of the Code of 
Federal Regulations (10 CFR) 431.401(f)(4), DOE provides notice of the 
issuance of the Decision and Order set forth below. In this Decision 
and Order, DOE grants Fujitsu a waiver from the existing DOE commercial 
package air conditioner and heat pump test procedures for the basic 
models of AIRSTAGE V-II multi-splits set forth in its petition. DOE 
also requires the use of an alternate test procedure for this 
equipment. Fujitsu must use American National Standards Institute/Air-
Conditioning, Heating and Refrigeration Institute (ANSI/AHRI) Standard 
1230-2010, ``Performance Rating of VRF Multi-Split Air-Conditioning and 
Heat Pump Equipment'' to test and rate the models of AIRSTAGE V-II VRF 
multi-split commercial heat pumps identified below. The cooling 
capacities of these models range from 72,000 Btu/h to 288,000 Btu/h.
    Today's decision prohibits Fujitsu from making any representations 
concerning the energy efficiency of these products unless the product 
has been tested consistent with the provisions and restrictions in the 
alternate test procedure set forth in the Decision and Order below, and 
the

[[Page 50205]]

representations fairly disclose the test results. (42 U.S.C. 6314(d)) 
Distributors, retailers, and private labelers are held to the same 
standard when making representations regarding the energy efficiency of 
these products. Id.

    Issued in Washington, DC, on August 5, 2011.
Kathleen Hogan,
Deputy Assistant Secretary for Energy Efficiency, Office of Technology 
Development, Energy Efficiency and Renewable Energy.

Decision and Order

    In the Matter of: Fujitsu General Limited (Fujitsu) (Case No. CAC-
033).

Background

    Title III, Part C of the Energy Policy and Conservation Act of 1975 
(EPCA), Pub. L. 94-163 (42 U.S.C. 6311-6317, as codified) established 
the Energy Conservation Program for Certain Industrial Equipment, a 
program covering certain industrial equipment, which includes the 
AIRSTAGE V-II VRF commercial multi-split heat pumps (``AIRSTAGE V-II 
multi-split heat pumps'') that are the focus of this notice.\1\ 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))
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    \1\ For editorial reasons, upon codification in the U.S. Code, 
Part C was re-designated Part A-1.
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    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. For commercial 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 Fujitsu's 
AIRSTAGE V-II multi-split heat pumps in its waiver petition range from 
72,000 Btu/h to 288,000 Btu/h. The current test procedure for this 
equipment is ARI Standard 340/360-2004, which includes units 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).
    On April 25, 2011, Fujitsu filed a petition for waiver from the 
test procedure 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 AIRSTAGE V-II 
multi-split heat pumps in Fujitsu's waiver petition range from 72,000 
Btu/h to 288,000 Btu/h. The applicable test procedure for these 
commercial 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.
    Fujitsu seeks a waiver from the applicable test procedures under 10 
CFR 431.96 on the grounds that the AIRSTAGE V-II multi-split heat pumps 
specified in its petition 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 
these 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) (Fujitsu); 76 FR 19078 (April 
6, 2011) (Mitsubishi).
    On June 2, 2011, DOE published Fujitsu's petition for waiver in the 
Federal Register, seeking public comment pursuant to 10 CFR 
431.401(b)(1)(iv), and granted the application for interim waiver. 76 
FR 31946. DOE received no comments on the Fujitsu petition.

Assertions and Determinations

Fujitsu's Petition for Waiver
    Fujitsu seeks a waiver from the DOE test procedures for the 
equipment specified in its petition on the grounds that its AIRSTAGE V-
II VRF multi-split commercial heat pumps contain design characteristics 
that prevent them from being tested using the current DOE test

[[Page 50206]]

procedures. As stated above, Fujitsu asserts that the two primary 
factors that prevent testing these multi-split variable speed models 
are the same factors stated in the waivers that DOE granted to 
Mitsubishi, Daikin AC Americas (Daikin), Samsung Air Conditioning 
(Samsung), Carrier, Sanyo, and LG for similar lines of commercial 
multi-split air-conditioning systems: (1) Testing laboratories cannot 
test products with so many indoor units; and (2) there are too many 
possible combinations of indoor and outdoor units to test.
    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.
    In responses to two petitions for waiver from Mitsubishi, DOE 
specified an alternate test procedure to provide a basis upon which 
Mitsubishi could test and make valid energy efficiency representations 
for its R410A CITY MULTI equipment, as well as for its R22 multi-split 
equipment. 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. The Fujitsu AIRSTAGE V-II systems have 
operational characteristics similar to the commercial multi-split 
products manufactured by Mitsubishi, Samsung, Daikin, Carrier, LG, and 
Sanyo. DOE granted waivers for these products, prescribing an alternate 
test procedure similar to the alternate test procedure prescribed for 
Mitsubishi. For reasons similar to those published in these prior 
notices, DOE believes that an alternate test procedure is appropriate 
in this instance.
    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 the 
American National Standards Institute (AHRI)--``American National 
Standards Institute (ANSI)/AHRI 1230-2010: Performance Rating of 
Variable Refrigerant Flow (VRF) Multi-Split Air-Conditioning and Heat 
Pump Equipment.'' This test procedure has been incorporated into ASHRAE 
90.1-2010. DOE is currently assessing AHRI 1230-2010 with respect to 
the requirements for test procedures specified by EPCA (42 U.S.C. 
6314(a)(4)(B)), and will provide a preliminary determination regarding 
those test procedures in a future notice of proposed rulemaking.
    Fujitsu's petition proposed that DOE apply ANSI/AHRI Standard 1230-
2010 as the alternate test procedure to apply to its AIRSTAGE V-II 
multi-split heat pump equipment as a condition of its requested waiver. 
As stated above, no comments were received by DOE regarding the Fujitsu 
petition. As described below, the alternate test procedure in the 
commercial multi-split waivers that DOE granted to Mitsubishi and the 
other manufacturers listed above is similar to ANSI/AHRI 1230-2010.
    DOE issues today's Decision and Order granting Fujitsu a test 
procedure waiver for its commercial AIRSTAGE V-II multi-split heat 
pumps. As a condition of this waiver, Fujitsu must use ANSI/AHRI 1230-
2010, the alternate test procedure specified by DOE, to test the 
Fujitsu AIRSTAGE V-II models listed in its petition.
Alternate Test Procedure
    The alternate test procedure prescribed by DOE in earlier multi-
split waivers, including the interim waiver granted to Fujitsu in 
response to the current petition, consisted of a definition of a 
``tested combination'' and a prescription for representations. ANSI/
AHRI 1230-2010 also includes a definition of ``tested combination,'' 
and the two definitions are identical in all relevant respects.
    The earlier alternate test procedure provides for efficiency rating 
of a non-tested combination in one of two ways: (1) At an energy 
efficiency level determined using a DOE-approved alternative rating 
method; or (2) at the efficiency level of the tested combination 
utilizing the same outdoor unit. ANSI/AHRI 1230-2010 requires an 
additional test and in this respect is similar to the residential test 
procedure set forth in 10 CFR part 430, subpart B, appendix M. Multi-
split manufacturers must test two or more combinations of indoor units 
with each outdoor unit. The first system combination is tested using 
only non-ducted indoor units that meet the definition of a tested 
combination. The rating given to any untested multi-split system 
combination having the same outdoor unit and all non-ducted indoor 
units is set equal to the rating of the tested system having all non-
ducted indoor units. The second system combination is tested using only 
ducted indoor units that meet the definition of a tested combination. 
The rating given to any untested multi-split system combination having 
the same outdoor unit and all ducted indoor units is set equal to the 
rating of the tested system having all ducted indoor units. The rating 
given to any untested multi-split system combination having the same 
outdoor unit and a mix of non-ducted and ducted indoor units is set 
equal to the average of the ratings for the two required tested 
combinations.
    With regard to the laboratory testing of commercial products, some 
of the difficulties associated with the existing test procedure are 
avoided by the alternate test procedure's requirements for choosing the 
indoor units to be used in the manufacturer-specified tested 
combination. For example, in addition to limiting the number of indoor 
units that need to be tested, ANSI 1230-2010 requires that all the 
indoor units must be subjected the same minimum external static 
pressure so that the test lab can manifold the outlets from each indoor 
unit into a common plenum that supplies air to a single airflow 
measuring apparatus. This eliminates situations in which some of the 
indoor units are ducted and some are non-ducted. Without this 
requirement, the laboratory must evaluate the capacity of a subgroup of 
indoor coils separately and then sum the separate capacities to obtain 
the overall system capacity. Measuring capacity in this way would 
require that the test laboratory be equipped with multiple airflow 
measuring apparatuses. It is unlikely that any test laboratory would be 
equipped with the necessary number of such apparatuses. Alternatively, 
the test laboratory could connect its one airflow measuring apparatus 
to one or more common indoor units until the contribution of each 
indoor unit had been measured. However, that approach would be so time-
consuming as to be impractical.
    For the reasons discussed above, DOE believes Fujitsu's AIRSTAGE V-
II multi-split heat pumps cannot be tested using the procedure 
prescribed in 10 CFR 431.96 (ARI Standard 340/360-2004) and 
incorporated by reference in DOE's regulations at 10 CFR 431.95(b)(2)-
(3). After careful consideration, DOE has decided to prescribe ANSI/
AHRI 1230-2010 as the alternate test procedure for Fujitsu's commercial 
multi-split products.
Consultations With Other Agencies
    DOE consulted with the Federal Trade Commission (FTC) staff 
concerning the Fujitsu petition for waiver. The FTC staff did not have 
any objections to issuing a waiver to Fujitsu.

[[Page 50207]]

Conclusion

    After careful consideration of all the materials submitted by 
Fujitsu, the absence of any comments, and consultation with the FTC 
staff, it is ordered that:
    (1) The petition for waiver filed by Fujitsu (Case No. CAC-033) is 
hereby granted as set forth in the paragraphs below.
    (2) Fujitsu shall not be required to test or rate its AIRSTAGE V-II 
multi-split heat pump models listed below on the basis of the test 
procedures cited in 10 CFR 431.96, specifically ARI Standard 340/360-
2004 (incorporated by reference in 10 CFR 431.95(b)(2)). Instead, it 
shall be required to test and rate such products according to the 
alternate test procedure as set forth in paragraph (3).
    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.

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            Add-on system models                                        (Module models)
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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.
    (3) Alternate test procedure. Fujitsu is not required to test the 
products listed in paragraph (2) above according to the test procedure 
for commercial package air conditioners and heat pumps prescribed by 
DOE at 10 CFR 431.96 (ARI Standard 340/360-2004 (incorporated by 
reference in 10 CFR 431.95(b)(2)), but instead shall use the alternate 
test procedure ANSI/AHRI 1230-2010.
    (4) This waiver shall remain in effect from the date this Decision 
and Order is issued, consistent with the provisions of 10 CFR 
431.401(g).
    (5) This waiver is issued on the condition that the statements, 
representations, and documentary materials provided by the petitioner 
are valid. DOE may revoke or modify the waiver at any time if it 
determines that 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.
    (6) This waiver applies only to those basic models set out in 
Fujitsu's petition for waiver. Grant of this waiver does not release a 
petitioner from the certification requirements set forth at 10 CFR part 
429.

    Issued in Washington, DC, on August 5, 2011.
Kathleen B. Hogan,
Deputy Assistant Secretary, Office of Technology Development, Energy 
Efficiency and Renewable Energy.
[FR Doc. 2011-20539 Filed 8-11-11; 8:45 am]
BILLING CODE 6450-01-P