[Federal Register: February 4, 2005 (Volume 70, Number 23)]
[Notices]
[Page 5980-5984]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr04fe05-51]
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DEPARTMENT OF ENERGY
Office of Energy Efficiency and Renewable Energy
Energy Conservation Program for Consumer Products: Publication of
the Petition for Waiver of Fujitsu General Limited From the DOE
Residential Air Conditioner and Heat Pump Test Procedures (Case No.
CAC-010)
AGENCY: Office of Energy Efficiency and Renewable Energy, Department of
Energy.
ACTION: Notice of petition for waiver and solicitation of comments.
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SUMMARY: Today's notice publishes a Petition for Waiver from Fujitsu
General Limited (Fujitsu). The Fujitsu Petition requests a waiver of
the test procedures applicable to residential and commercial package
air conditioners and heat pumps. The Department of Energy (DOE) is
soliciting comments, data, and information with respect to the Petition
for Waiver.
DATES: DOE will accept comments, data, and information not later than
March 7, 2005.
ADDRESSES: DOE will accept comments on this Petition, identified by
case number CAC-010, and submitted by any of the following methods:
Mail: Ms. Brenda Edwards-Jones, 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 paper
original.
Hand Delivery/Courier: Ms. Brenda Edwards-Jones, U.S.
Department of Energy, Building Technologies Program, Room 1J-018, 1000
Independence Avenue, SW., Washington, DC 20585.
Docket: For access to the docket to read copies of public comments
received, this notice, and the Petition for Waiver, go to the U.S.
Department of Energy, Forrestal Building, Room 1J-018 (Resource Room of
the Building Technologies Program), 1000 Independence Avenue, SW.,
Washington, DC, (202) 586-9127, between 9 a.m. and 4 p.m., Monday
through Friday, except Federal holidays. Please call Ms. Brenda
Edwards-Jones at the above telephone number for additional information
regarding visiting the Resource Room. Please note: The Department's
Freedom of Information Reading Room (formerly Room 1E-190 at the
Forrestal Building) is no longer housing rulemaking materials.
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, (202) 586-9611; e-mail: Michael.Raymond.ee.doe.gov; or
Francine Pinto, Esq., or Thomas DePriest, Esq., U.S. Department of
Energy, Office of General Counsel, Mail Stop GC-72, Forrestal Building,
1000 Independence Avenue, SW., Washington, DC 20585-0103, (202) 586-
9507; e-mail: Francine.Pinto@hq.doe.gov, or Thomas.DePriest@hq.doe.gov.
SUPPLEMENTARY INFORMATION: Title III of the Energy Policy and
Conservation Act (EPCA) sets forth a variety of provisions concerning
energy efficiency. Part B of Title III (42 U.S.C. 6291-6309) provides
for the ``Energy Conservation Program for Consumer Products other than
Automobiles.'' Part C of Title III (42 U.S.C. 6311-6317) provides for
an energy efficiency program entitled ``Certain Industrial Equipment,''
which is similar to the program in Part B, and which includes
commercial air conditioning equipment, packaged boilers, water heaters,
and other types of commercial equipment.
Today's notice involves both residential equipment under Part B,
and commercial equipment under Part C. Both Parts specifically provide
for definitions, test procedures, labeling provisions, energy
conservation standards, and the authority to require information and
reports from manufacturers. With respect to test procedures, both Parts
generally authorize the Secretary of Energy to prescribe test
procedures that are reasonably designed to produce results which
reflect energy efficiency, energy use and estimated annual operating
costs, and that are not unduly burdensome to conduct. (42 U.S.C. 6293,
6314)
Fujitsu's petition requests a waiver from both the residential and
commercial test procedures for its Airstage product, which is sold for
both residential and commercial applications.
As noted above, the test procedure for residential products appears
at 10 CFR Part 430, Subpart B.
For commercial package air-conditioning and heating equipment, EPCA
provides that the test procedures shall be those generally accepted
industry testing 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
[[Page 5981]]
ASHRAE/IES Standard 90.1 and in effect on June 30, 1992. (42 U.S.C.
6314(a)(4)(A)) This section also provides for the Secretary of Energy
to amend the test procedure for a product if the industry test
procedure is amended, unless the Secretary determines that such a
modified test procedure does not meet the statutory criteria. (42
U.S.C. 6314(a)(4)(B)) On October 21, 2004, the Department published a
direct final rule adopting ARI Standard 210/240-2003 for small
commercial package air conditioning and heating equipment < =65,000 Btu/
h. (69 FR 61962)
The test procedures in that direct final rule apply to three-phase
products, but the Fujitsu product is single phase for both residential
and commercial use. There is no prescribed test procedure for single-
phase, small commercial packaged air conditioning and heating
equipment, so no test procedure waiver is required for commercial
Airstage products. Moreover, Fujitsu's Airstage products are, since
they are distributed in commerce, to a significant extent, for personal
use or consumption by individuals, properly classified as a consumer
product. (42 U.S.C. 6291(1)(B)) Thus, the Fujitsu Airstage products
require a waiver only from the Department's residential test procedure,
which appears at 10 CFR Part 430, Subpart B.
The Department's regulations contain provisions allowing a person
to seek a waiver from the test procedure requirements for covered
consumer products. These provisions are set forth in 10 CFR 430.27. The
waiver provisions allow the Assistant Secretary for Energy Efficiency
and Renewable Energy to waive temporarily test procedures for a
particular basic model when a petitioner shows that the basic model
contains one or more design characteristics that prevent testing
according to the prescribed test procedures, or when 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 Sections 430.27 (a)(1))
Waivers generally remain in effect until final test procedure
amendments become effective, thereby resolving the problem that is the
subject of the waiver.
On June 14, 2004, Fujitsu filed a Petition for Waiver from the test
procedures applicable to residential and commercial package air
conditioning and heating equipment. In particular, Fujitsu seeks a
waiver from the residential test procedure contained in 10 CFR Part
430, Subpart B, Appendix M. As previously discussed, no waiver from the
commercial test procedure is required. Fujitsu seeks a waiver from the
test procedure for its Airstage variable refrigerant flow system,
multi-split air conditioner and heat pump models listed below:
Outdoor unit, Heat pump type: AOU54U****
51.9 kBtu/hr cooling/54.4 kBtu/hr heating, single phase, 208-230Vac,
60Hz
Outdoor unit, Cooling only type: AOU54F****
51.9 kBtu/hr cooling, single phase, 208-230Vac, 60Hz
Indoor units:
AR Series, Compact duct type (ceiling/floor standing), ARU 7/9/12/14/
18/20/22****
AR Series, Duct type, ARU25/30/36/45****
AS Series, Wall mounted type, ASU7/9/12/14/18/24/30****
AU Series, Compact ceiling cassette type, AUU7/9/12/14/18****
AU Series, Ceiling cassette type, AUU20/25/30/36/45/54****
The * denotes engineering differences in the basic models.
Fujitsu seeks a waiver from the applicable test procedure because,
Fujitsu asserts, the current test procedure evaluates its Airstage
products in a manner that is not representative of their true energy
efficiency. Fujitsu claims that the energy usage of its Airstage
systems cannot be representatively measured using the current test
procedure for the following reasons:
1. The test procedure provides for testing of a pair of indoor and
outdoor assemblies making up a typical split system, but provides no
direction about how Airstage units, with more than ten thousand
combinations of indoor units, could be evaluated with just one outdoor
unit test.
2. The test procedure calls for testing ``matched assemblies,'' but
Airstage systems are designed to be used in zoning systems where the
capacity of the indoor units does not match the capacity of the outdoor
unit.
The Fujitsu petition requests that DOE grant a waiver from the
existing test procedure until such time as DOE can develop and adopt a
test procedure that properly measures the energy efficiency for this
class of products. Fujitsu intends to work with DOE, stakeholders, and
ARI to develop the appropriate test procedure.
The Department is publishing Fujitsu's Petition for Waiver in its
entirety. The Petition contains no confidential information. The
Department solicits comments, data, and information with respect to the
Petition. The Department is particularly interested in receiving
comments and views of interested parties concerning any alternate test
procedures, or modifications to test procedures, which the Department
could use to fairly represent the energy efficiency of Fujitsu's
Airstage products. Any person submitting written comments must also
send a copy of such comments to the petitioner. 10 CFR
430.27(b)(1)(iv).
Issued in Washington, DC, on January 28, 2005.
David K. Garman,
Assistant Secretary, Energy Efficiency and Renewable Energy.
BILLING CODE 6450-01-P
[[Page 5982]]
[GRAPHIC] [TIFF OMITTED] TN04FE05.001
Enclosure
Petition for waiver of test procedure applicable to our
``Airstage'', variable refrigerant flow multi-split air conditioners
and heat pumps, is as follows;
1. The Design Characteristics
We developed ``Airstage'' in response to the need for a
comfortable, more energy
[[Page 5983]]
efficient air-conditioning system with simple zoning. This compact
54000BTU/h variable refrigerant flow multi-split system provides
economical, comfortable air-conditioning for a wide range of
applications both residentially and commercially. It consists of one
outdoor unit, using a DC Inverter scroll compressor with variable
capacity, mated to multiple indoor units and uses variable
refrigerant flow and control systems. Piping connections are made by
separation tube and/or header and electronic expansion valve units.
Airstage'' has the capability of connecting a single outdoor
unit with up to 8 indoor units selected from 5 chassis types with 29
basic models (listed in item 4 of this enclosure), giving these
systems more than ten thousand installation combinations. The
operating characteristics allow each indoor unit to have a different
set temperature and a different mode of operation (i.e. on/off/fan).
The DC Inverter scroll compressor and system controls maintain
compressor operation under optimum pressure. To precisely match the
performance of the system to the load of the conditioned areas,
``Airstage'' detects information on capacity (refrigerant
requirements) in the indoor units and temperature (converted into
pressure value) of refrigerant gas fed into the compressor through
the refrigerant flow system.
The compressor is capable of reducing its operating capacity to
as little as 20% of its rated capacity. Zone diversity enables
``Airstage'' to have a total connected indoor unit capacity of up to
150% of the capacity of the outdoor unit.
2. The Grounds for the Petition
We seek a waiver from the test procedures applicable to central
air conditioners and central air conditioning heat pumps under Title
III of the Energy Policy and Conservation Act (EPCA), Part B of
Title III (42 U.S.C. 6291-6309) Energy Conservation Program for
Consumer Products other than Automobiles and 10 CFR 430 Energy
Conservation Program for Consumer Products and Part C of Title III
(42 U.S.C. 6311-6317) Energy Efficiency of Industrial Equipment and
10 CFR 431 Energy Efficiency Program for Certain Commercial and
Industrial Equipment.
In particular, we seek a waiver from the currently applicable
test procedures provided in 10 CFR 430. 23 (m) Central Air
Conditioners and 10CFR 430.27 Appendix M, Subpart B Uniform Test
Method for Measuring the Energy Consumption of Central Air
Conditioners for residential uses and ARI 210/240 (1989) and ARI
210/240 (1994) that you intend to adopt for commercial uses.
3. The Specific Requirements Sought To Be Waived and the Need for
the Waiver
We seek a waiver from the applicable test procedures for
``Airstage'', because the current test procedures evaluates
``Airstage'' in a manner so unrepresentative of its true energy
consumption as to provide materially inaccurate comparative data. We
indicate two reasons and describe the details as follows;
(1) The test procedures provide for testing of a pair of indoor
and outdoor assemblies making up a typical split system, but
provides no direction about how ``Airstage'', with more than ten
thousand combinations of indoor units, could be evaluated with just
one outdoor unit test.
The test procedures do not provide for separate testing of
indoor and outdoor unit of split systems. Rather, they provide for
the indoor and outdoor unit to be tested together. Almost all of the
systems covered by test procedures have one outdoor unit matched to
one indoor unit.
Typical multi-split central air conditioners and heat pumps
systems (a configuration with up to four indoor units and one
outdoor unit) are presently tested with all indoor units operating.
It is practical for these systems to be tested in this manner
because matching of indoor units to the outdoor unit are defined and
test can be performed with standard representative combination of
outdoor and indoor units. However with ``Airstage'' there is no
standard representative combination of outdoor and indoor units for
testing.
Airstage products are intended to be used in zoning systems
where an outdoor unit can be connected with up to 8 separate indoor
units in a zoned system. Moreover, we offer 29 indoor unit models.
Each of these indoor unit models is designed to be used with up to 7
other indoor units, which need not be the same models, in
combination with a single outdoor unit. Thus, for each ``Airstage''
outdoor unit, there are more than ten thousand possible combinations
of indoor units that can be matched in a system configuration.
The current test procedure provides no direction for determining
what combinations of outdoor unit and indoor units should be tested
in these circumstances. While a test procedure using two or three
indoor units whose total capacity matches that of the outdoor unit
may be considered, the results will not entirely represent the
system's true energy consumption characteristics. Because the test
procedure sets a condition to the ratings based on one test
combination among more than ten thousand possible combinations, they
do not represent all system combinations and consumers may misread
true energy consumption if their system configuration differs from
that condition.
However, it is unduly burdensome for us to conduct each possible
combination and not practical. Thus, the test procedure does not
contemplate, and cannot practically be applied to our ``Airstage''
consisting of multiple assemblies that are intended to be used in a
very large number of different combinations.
(2) The test procedure calls for testing ``matched assemblies'',
but ``Airstage'' is designed to be used in zoning systems where the
capacity of the indoor units does not match capacity of the outdoor
unit.
Indoor and outdoor coils in split systems are typically balanced
and the capacity of the outdoor coil is equivalent to the capacity
of the indoor coil. However, with ``Airstage'' the sum of the
capacity of the indoor units connected into the system can be as
much as 150% of the capacity of the outdoor coil. Such unbalanced
combinations of indoor units and outdoor unit are possible because
of the zoning characteristics of the system; the use of electronic
expansion valves to precisely control refrigerant flow to each
indoor unit; and the system intelligence for overall system control.
The test procedure designed for matched assemblies does not
contemplate or address testing for substantially unbalanced zoning
systems.
For these reasons, the existing test procedures evaluate
``Airstage'' in a manner so unrepresentative of its true energy
consumption characteristics as to provide materially inaccurate
comparative data.
It is not surprising that the existing test procedures do not
address the issues listed above, because variable refrigerant flow
multi-split systems are newly developed and recently proposed for
use in North American markets. However, without a waiver of the test
procedures for variable refrigerant flow multi-split systems like
``Airstage'', we are at a competitive disadvantage in the market.
Customers expect us to provide more energy efficiency products
however, the current test procedures cannot be meaningfully applied
to ``Airstage'' for the reasons described above. Moreover, if there
is an applicable test procedure for a covered product, 42 U.S.C.
6293(c) and 42 U.S.C. 6314(d) of EPCA prohibits a manufacturer from
making representations about the energy consumption of the equipment
unless the equipment has been tested in accordance with such test
procedures and the representation fairly discloses the results of
the testing.
Therefore, we are at a disadvantage in our ability to provide
information on energy consumption to our customers.
This is particularly counterproductive for the ``Airstage''
because these systems are specifically designed to deliver energy
savings for customers.
We will do our best to explain customers that current test
procedures evaluate ``Airstage'' in a manner so unrepresentative of
its true energy consumption characteristics and we applied you for a
waiver of test procedures for ``Airstage''.
4. Identification of the Basic Models
We seek a waiver from the test procedures for ``Airstage'',
variable refrigerant flow system multi split air conditioners and
heat pumps, listed below;
Outdoor unit, Heat pump type: AOU54U****
15.2kW cooling/16.6kW heating, single phase, 208-230Vac, 60Hz
Outdoor unit, Cooling only type: AOU54F****
15.2kW cooling, single phase, 208-230Vac, 60Hz
Indoor units:
AR Series, Compact duct type (ceiling/floor standing), ARU 7/9/12/
14/18/20/22****
AR Series, Duct type, ARU25/30/36/45****,
AS Series, Wall mounted type, ASU7/9/12/14/18/24/30****
AU Series, Compact ceiling cassette type, AUU7/9/12/14/18****
AU Series, Ceiling cassette type, AUU20/25/30/36/45/54****
The * denotes engineering differences in the basic models.
[[Page 5984]]
5. Identification of the Manufacturers of All Other Basic Models
Variable refrigerant flow multi split air conditioner and heat
pump systems are proposed in the United States by Mitsubishi
Electric and Electronics USA Inc. and Samsung Electronics Company,
Ltd. However, their application is almost exclusively for commercial
or industrial uses and not for residential use. Our ``Airstage'',
compact, economical and comfortable air-conditioning and heat pump
systems, are developed especially for residential and commercial
uses.
As far as we know, Samsung Electronics Company, Ltd might offer
residential type.
6. Alternate Test Procedures
As we mentioned in (1) of item 3, two or three indoor units
whose total capacity match capacity of outdoor unit may be used for
testing, but will not entirely represent the true energy consumption
characteristics. Thus, there are no alternative test procedures
known to us that could evaluate these products in a representative
manner.
Conclusion
We seek a waiver of current test procedures established in 10
CFR 430.23(m) Central Air Conditioners and 10 CFR 430.27 Appendix M
to Subpart B Uniform Test Method for Measuring the Energy
Consumption of Central Air Conditioners for residential uses and ARI
210/240 (1989) and ARI 210/240 (1994) for commercial uses, because
the current test procedures evaluate the basic models in a manner so
unrepresentative of their true energy consumption characteristics as
to provided materially inaccurate comparative data and would like
you to grant a waiver from existing test procedures until a
representative test procedure is developed and approved by you.
We will work with stakeholders, U.S. Department of Energy, Air-
Conditioning & Refrigeration Institute and others, through the
process of developing test procedures suitable for products using
variable refrigerant flow systems.
[FR Doc. 05-2184 Filed 2-3-05; 8:45 am]
BILLING CODE 6450-01-P