[Federal Register: January 7, 2008 (Volume 73, Number 4)]
[Notices]
[Page 1213-1219]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr07ja08-33]
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DEPARTMENT OF ENERGY
Office of Energy Efficiency and Renewable Energy
[Case No. CAC-018]
Energy Conservation Program for Certain Industrial Equipment:
Publication of the Petition for Waiver From Daikin AC (Americas), Inc.
and Granting of the Application for Interim Waiver From the Department
of Energy Commercial Package Water-Source Air Conditioner and Heat Pump
Test Procedure
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 Daikin AC (Americas), Inc. (Daikin). The Petition for
Waiver (hereafter ``Daikin Petition'') requests a waiver of the
Department of Energy (DOE) test procedure applicable to commercial
package water-source air conditioners and heat pumps. The waiver
request is specific to the Daikin Variable Speed and Variable
Refrigerant Volume VRV-WII (commercial) multi-split water-source heat
pumps and heat recovery systems. Through this document, DOE is: (1)
Soliciting comments, data, and information with respect to the Daikin
Petition; and (2) announcing our determination granting an Interim
Waiver to Daikin from the applicable DOE test procedure for commercial
water-source air conditioners and heat pumps.
DATES: DOE will accept comments, data, and information with respect to
the Daikin Petition until, but no later than February 6, 2008.
ADDRESSES: You may submit comments, identified by case number [CAC-
018], by any of the following methods:
Federal eRulemaking Portal: http://www.regulations.gov.
Follow the instructions for submitting comments.
E-mail: Michael.Raymond@ee.doe.gov. Include either the
case number [CAC-018], and/or ``Daikin Petition'' in the subject line
of the message.
Mail: Ms. Brenda Edwards-Jones, U.S. Department of Energy,
Building Technologies Program, Mailstop EE-2J, Forrestal Building, 1000
Independence Avenue, SW., Washington, DC 20585-0121. Telephone: (202)
586-2945. Please submit one signed original paper copy.
[[Page 1214]]
Hand Delivery/Courier: Ms. Brenda Edwards-Jones, 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.
Instructions: 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. Absent an electronic signature, comments submitted
electronically must be followed and authenticated by submitting the
signed original paper document. DOE does not accept telefacsimiles
(faxes).
Any person submitting written comments must also send a copy of
such comments to the petitioner, pursuant to 10 CFR 431.401(d). The
contact information for the petitioner is: Mr. Russell Tavolacci,
Director of Product Marketing, Daikin AC (Americas), Inc., 1645 Wallace
Drive, Suite 110, Carrollton, TX 75006. Telephone: (972) 245-1510. E-
mail: Russell.Tavolacci@daikinac.com.
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.
Docket: For access to the docket to review the documents relevant
to this matter, you may visit the U.S. Department of Energy, Resource
Room of the Building Technologies Program, 950 L'Enfant Plaza SW, Suite
600, Washington, DC, 20024; (202) 586-2945, between 9 a.m. and 4 p.m.,
Monday through Friday, except Federal holidays. Available documents
include the following items: (1) This notice; (2) public comments
received; (3) the Petition for Waiver and Application for Interim
Waiver; and (4) prior DOE rulemakings regarding similar central air
conditioning and heat pump equipment. Please call Ms. Brenda Edwards-
Jones 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:
Michael.Raymond@ee.doe.gov.
Ms. Francine Pinto or Mr. Eric Stas, U.S. Department of Energy,
Office of the General Counsel, Mail Stop GC-72, Forrestal Building,
1000 Independence Avenue, SW., Washington, DC 20585-0103. Telephone:
(202) 586-9507. E-mail:
Francine.Pinto@hq.doe.gov or Eric.Stas@hq.doe.gov.
SUPPLEMENTARY INFORMATION:
Table of Contents
I. Background and Authority
II. Petition for Waiver
III. Application for Interim Waiver
IV. Alternate Test Procedure
V. Summary and Request for Comments
I. Background and Authority
Title III of the Energy Policy and Conservation Act (EPCA) sets
forth a variety of provisions concerning energy efficiency. Part B of
Title III provides for the ``Energy Conservation Program for Consumer
Products Other Than Automobiles.'' (42 U.S.C. 6291-6309) Part C of
Title III provides for an energy efficiency program titled ``Certain
Industrial Equipment,'' which is similar to the program in Part B, and
which includes commercial air conditioning and heating equipment,
packaged boilers, water heaters, and other types of commercial
equipment. (42 U.S.C. 6311-6317)
This 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, it generally authorizes the Secretary of Energy (the
Secretary) 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. 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 that such a
modified test procedure does not meet the statutory criteria set forth
in 42 U.S.C. 6314(a)(2) and (3).
On December 8, 2006, DOE published a final rule adopting test
procedures for commercial package air-conditioning and heating
equipment, effective January 8, 2007. 71 FR 71340. DOE adopted the
International Organization for Standardization (ISO) Standard 13256-1
(1998), ``Water-source heat pumps--Testing and rating for performance:
Part 1-Water-to-air and brine-to-air heat pumps'' for small commercial
package water-source heat pumps with capacities < 135,000 British
thermal units per hour (Btu/h). Id. at 71371. DOE's regulations at 10
CFR 431.95(b)(3) incorporate by reference the relevant ISO standard,
and Table 1 to 10 CFR 431.96 directs manufacturers of commercial
package water-source air conditioning and heating equipment to use the
appropriate procedure when measuring energy efficiency of those
products. (The cooling capacities of Daikin's commercial water-source
multi-split heat pump products range from 60,000 Btu/hr to 252,000 Btu/
hr, thereby resulting in many of these products falling in the range
covered by ISO Standard 13256-1 (1998).)
In addition, DOE's regulations contain provisions allowing a person
to seek a waiver from the test procedure requirements for covered
commercial equipment, for which the petitioner's basic model contains
one or more design characteristics which prevent testing according to
the prescribed test procedures, or if 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). The waiver provisions for commercial
equipment found at 10 CFR 431.401 are substantively identical to those
for covered consumer products. Petitioners must include in their
petition any alternate test procedures known 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
[[Page 1215]]
adherence to alternate test procedures. 10 CFR 431.401(f)(4). In
general, a waiver terminates on the effective date of a final rule,
published in the Federal Register, which prescribes amended test
procedures appropriate to the model series manufactured by the
petitioner, thereby eliminating any need for the continuation of the
waiver. 10 CFR 431.401(g).
The waiver process also allows any person who has submitted 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 a
period of 180 days or until DOE issues its determination on the
Petition for Waiver, whichever occurs first, and may then be extended
by DOE for an additional 180 days, if necessary. 10 CFR 431.401(e)(4).
II. Petition for Waiver
On January 22, 2007, Daikin filed a Petition for Waiver from the
test procedures at 10 CFR 431.96 which are applicable to commercial
package water-source heat pumps and an Application for Interim Waiver.
As noted above, the applicable test procedure for Daikin's commercial
VRV-WII multi-split heat pumps is ISO Standard 13256-1 (1998), which
manufacturers are directed to use pursuant to Table 1 of 10 CFR 431.96.
The capacities of the Daikin VRV-WII multi-split heat pumps range from
60,000 Btu/hr to 252,000 Btu/hr. DOE notes that the Daikin 60,000 Btu/
hr unit is residential in size, but because it is being marketed and
sold for commercial use, it is considered a commercial product.
Accordingly, the appropriate test procedure is the same as for two
other outdoor units with capacities less than 135,000 Btu/hr, ISO
13256-1 (1998). DOE further notes that Daikin also requested a waiver
for four outdoor units with capacities greater than 135,000 Btu/hr, but
because DOE does not have a test procedure for such products, there is
no need for a waiver.
Daikin seeks a waiver from the applicable test procedures under 10
CFR 431.96 on the grounds that its VRV-WII water-source multi-split
heat pumps and heat recovery systems contain design characteristics
that prevent testing according to the current DOE test procedure. The
products covered by this petition represent the models of Daikin's
multi-split product line that use water, instead of air, as a heat
source and heat sink. However, Daikin asserts that the water-source
VRV-WII systems operate in the same configurations as the air-source
VRV and VRV-S systems, with the only relevant difference being the heat
rejection medium. Specifically, Daikin asserts that the two primary
factors that prevent testing of multi-split variable speed products,
regardless of manufacturer, are the same factors stated in the waivers
that DOE granted to Mitsubishi Electric & Electronics USA, Inc.
(Mitsubishi), Fujitsu General Ltd. (Fujitsu), and Samsung Air
Conditioning (Samsung) for similar lines of commercial multi-split air-
conditioning systems:
Testing laboratories cannot test products with so many
indoor units.
There are too many possible combinations of indoor and
outdoor units to test. 69 FR 52660 (August 27, 2004); 72 FR 17528
(April 9, 2007); 72 FR 71383 (December 17, 2007); 72 FR 71387 (December
17, 2007).
Further, Daikin states that its VRV-WII indoor units have nine
different indoor static pressure ratings, and the test procedure does
not provide for operation of indoor units at several different static
pressure ratings during a single test. The indoor units are designed to
operate at many different external static pressure values, which
compounds the difficulty of testing. A testing facility could not
manage proper airflow at several different external static pressure
values to the many indoor units that would be connected to a VRV-WII
outdoor unit. The number of connectable indoor units for each outdoor
unit ranges up to 32. Daikin further states that its VRV-WII products
capability to perform simultaneous heating and cooling is not captured
by the DOE test procedure. This is true, but not relevant. DOE is
required by EPCA to use the full-load descriptor EER for these
products, and simultaneous heating and cooling does not occur when
operating at full load.
Accordingly, Daikin requests that DOE grant a waiver from the
applicable test procedures for its VRV-WII product designs until a
suitable test method can be prescribed. Furthermore, Daikin states that
failure to grant the waiver would result in economic hardship because
it would prevent the company from marketing its VRV-WII products. Also,
Daikin states that it is willing to work closely with DOE, the Air-
Conditioning and Refrigeration Institute (ARI), and other agencies to
develop appropriate test procedures, as necessary.
III. Application for Interim Waiver
On January 22, 2007, in addition to its Petition for Waiver, Daikin
submitted to DOE an Application for Interim Waiver. Daikin's
Application for Interim Waiver does not provide sufficient information
to evaluate the level of economic hardship Daikin will likely
experience if its Application for Interim Waiver is denied. However, in
those instances where the likely success of the Petition for Waiver has
been demonstrated, based upon DOE having granted a waiver for similar
product designs, it is in the public interest to have similar products
tested and rated for energy consumption on a comparable basis. DOE has
previously granted Interim Waivers to Mitsubishi, Fujitsu, and Samsung
for comparable commercial multi-split air conditioners and heat pumps.
72 FR 17533 (April 9, 2007); 70 FR 5980 (Feb. 4, 2005); 70 FR 9629
(Feb. 28, 2005), respectively.
Moreover, as noted above, DOE approved the Petition for Waiver from
Mitsubishi for its comparable line of commercial water-source multi-
split air conditioners and heat pumps. 72 FR 17528 (April 9, 2007). The
two principal reasons for granting these waivers also apply to Daikin's
VRV-WII products: (1) test laboratories cannot test products with so
many indoor units; \1\ and (2) it is impractical to test so many
combinations of indoor units with each outdoor unit. Thus, DOE has
determined that it is likely that Daikin's Petition for Waiver will be
granted for its new VRV-WII water-source multi-split models. Therefore,
it is ordered that:
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\1\ According to the Daikin petition, up to 32 indoor units are
possible-candidates for testing of its commercial water-source
multi-split heat pumps and heat recovery systems. However, DOE
believes that the practical limits for testing would be about five
units.
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The Application for Interim Waiver filed by Daikin is hereby
granted for Daikin's VRV-WII water-source multi-split central air
conditioning heat pumps, subject to the specifications and conditions
below.
1. Daikin shall not be required to test or rate its water-source
VRV-WII commercial water-source multi-split products on the basis of
the currently applicable test procedure under Table 1 of 10 CFR 431.96,
which incorporates by reference ISO Standard 13256-1 (1998).
2. Daikin shall be required to test and rate its VRV-WII commercial
water-
[[Page 1216]]
source 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 models:
VRV-WII Series Outdoor Units:
Models RWEYQ60, RWEYQ72, RWEYQ84
Compatible Indoor Units For Above-Listed Outdoor Units:
FXAQ Series wall mounted indoor units with nominally rated
capacities of 7,000, 9,000, 12,000, 18,000 and 24,000 Btu/hr.
FXLQ Series floor mounted indoor units with nominally
rated capacities of 12,000, 18,000 and 24,000 Btu/hr.
FXNQ Series concealed floor mounted indoor units with
nominally rated capacities of 12,000, 18,000 and 24,000 Btu/hr.
FXDQ Series low static ducted indoor units with nominally
rated capacities of 7,000, 9,000, 12,000, 18,000 and 24,000 Btu/hr.
FXSQ Series medium static ducted indoor units with
nominally rated capacities of 7,000, 9,000, 12,000, 18,000, 24,000,
30,000, 36,000 and 48,000 Btu/hr.
FXMQ Series high static ducted indoor units with nominally
rated capacities of 30,000, 36,000 and 48,000 Btu/hr.
FXZQ Series recessed cassette indoor units with nominally
rated capacities of 7,000, 9,000, 12,000, 18,000 and 24,000 Btu/hr.
FXFQ Series recessed cassette indoor units with nominally
rated capacities of 12,000, 18,000, 30,000 and 36,000 Btu/hr.
FXHQ Series ceiling suspended indoor units with nominally
rated capacities of 12,000, 24,000 and 36,000 Btu/hr.
FXOQ Series concealed indoor units with nominally rated
capacities of 12,000, 18,000, 24,000, 36,000, 42,000, 36,000 and 48,000
BTU/Hr.
This Interim Waiver is conditioned upon the presumed validity of
statements, representations, and documents provided by the petitioner.
DOE may revoke or modify this Interim Waiver at any time upon a
determination that the factual basis underlying the Petition for Waiver
is incorrect, or upon a determination that the results from the
alternate test procedure are unrepresentative of the basic models' true
energy consumption characteristics.
IV. Alternate Test Procedure
In response to two recent Petitions for Waiver from Mitsubishi, DOE
specified an alternate test procedure to provide a basis from which
Mitsubishi could test and make valid energy efficiency representations
for its R410A CITY MULTI products, as well as for its R22 multi-split
products. Alternate test procedures related to the Mitsubishi petitions
were published in the Federal Register on April 9, 2007. 72 FR 17528;
72 FR 17533.
In general, DOE understands that existing testing facilities have a
limited ability to test multiple indoor units at one time, and the
number of possible combinations of indoor and outdoor units for some
variable refrigerant flow zoned systems is impractical to test. We
further note that subsequent to the waiver that DOE granted for
Mitsubishi's R22 multi-split products, ARI formed a committee to
discuss the issue and to work on developing an appropriate testing
protocol for variable refrigerant flow systems. However, to date, no
additional test methodologies have been adopted by the committee or
submitted to DOE. The ARI committee has considered a draft ISO
methodology, ISO CD 15042, for multi-split systems. However, it
contains no guidance that would affect this waiver.
Therefore, as discussed below, DOE is including a similar alternate
test procedure as a condition in granting the Interim Waiver for
Daikin's products, and plans to consider the same alternate test
procedure in the context of the subsequent Decision and Order
pertaining to Daikin's Petition for Waiver. Utilization of this
alternate test procedure will allow Daikin to test and make energy
efficiency representations for its VRV-WII products. More broadly, DOE
has applied a similar alternate test procedure to other existing
waivers for similar residential and commercial central air conditioners
and heat pumps. Such cases include Samsung's Petition for Waiver for
its multi-split products at 72 FR 71387 (Dec. 17, 2007), and Fujitsu's
Petition for Waiver for its multi-split products at 72 FR 71383 (Dec.
17, 2007). As noted above, the alternate test procedure has been
applied to Mitsubishi's Petition for Waiver for its R410A CITY MULTI
and R22 multi-split products. 72 FR 17528 (April 9, 2007). DOE believes
that an alternate test procedure is needed so that manufacturers of
such products can make valid and consistent representations of energy
efficiency for their air-conditioning and heat pump products.
In the present case, DOE is modifying the alternate test procedure
taken from the above-referenced waiver granted to Mitsubishi for its
R410A CITY MULTI products, and plans to consider inclusion of the
following similar waiver language in the Decision and Order for
Daikin's VRV-WII commercial multi-split water-source heat pump models:
(1) The ``Petition for Waiver'' filed by Daikin AC (Americas),
Inc. is hereby granted as set forth in the paragraphs below.
(2) Daikin shall not be required to test or rate its VRV-WII
variable refrigerant volume multi-split water-source heat pump
products listed above in section III, on the basis of the current
test procedures, but shall be required to test and rate such
products according to the alternate test procedure as set forth in
paragraph (3).
(3) Alternate test procedure.
(A) Daikin shall be required to test the products listed in
section III above according to the test procedures for central air
conditioners and heat pumps prescribed by DOE at 10 CFR 431.96,
except that Daikin 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, Daikin shall make representations
concerning the VRV-WII products covered in this waiver according to
the provisions of subparagraph (C) below.
(B) Tested combination means a multi-split system with multiple
indoor coils having the following features:
(1) The basic model of a system used as a tested combination
shall consist of one outdoor unit, with one or more compressors,
that is matched with between 2 and 5 indoor units; 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 capacity that is between 95% and
105% of the nominal capacity of the outdoor unit;
(iii) Not, individually, have a capacity that is greater than
50% of the nominal capacity of the outdoor unit;
(iv) Operate at fan speeds that are consistent with the
manufacturer's specifications; and
(v) All be subject to the same minimum external static pressure
requirement while being configurable to produce the same static
pressure at the exit of each outlet plenum when manifolded as per
section 2.4.1 of 10 CFR part 430, subpart B, appendix M.
(C) Representations. In making representations about the energy
efficiency of its VRV-WII variable speed and variable refrigerant
volume multi-split water-source heat pumps and heat recovery system
products, for compliance, marketing, or other purposes, Daikin must
fairly disclose the results of testing under the DOE test procedure,
doing so in a manner consistent with the provisions outlined below:
(i) For VRV-WII combinations tested in accordance with this
alternate test procedure, Daikin must disclose these test results.
(ii) For VRV-WII combinations that are not tested, Daikin must
make a disclosure based
[[Page 1217]]
on the testing results for the tested combination and which is
consistent with either of the two following methods, except that
only method (a) may be used, if available:
(a) Representation of non-tested combinations according to an
Alternative Rating Method (ARM) approved by DOE; or
(b) Representation of non-tested combinations at the same energy
efficiency level as the tested combination with the same outdoor
unit.
V. Summary and Request for Comments
Through today's notice, DOE announces receipt of Daikin's Petition
for Waiver from the test procedures applicable to Daikin's VRV-WII
commercial multi-split heat pump products, and for the reasons
articulated above, DOE is granting Daikin an Interim Waiver from those
procedures. As part of this notice, DOE is publishing Daikin's Petition
for Waiver in its entirety. The Petition contains no confidential
information. Furthermore, today's notice includes an alternate test
procedure that Daikin is required to follow as a condition of its
Interim Waiver and that DOE is considering including in its subsequent
Decision and Order. In this alternate test procedure, DOE is defining a
``tested combination'' which Daikin could use in lieu of testing all
retail combinations of its VRV-WII water-source multi-split heat pump
products.
Furthermore, should a subsequent manufacturer be unable to test all
retail combinations, DOE is considering allowing such manufacturers to
rate waived products according to an ARM approved by DOE, or to rate
waived products the same as the specified tested combination with the
same outdoor unit. DOE is also applying a similar alternate test
procedure to other comparable Petitions for Waiver for residential and
commercial central air conditioners and heat pumps. Such cases include
Samsung's Petition for Waiver for its Digital Variable Multi (DVM)
products at 72 FR 71387 (Dec. 17, 2007), and Fujitsu's Petition for
Waiver for its Airstage variable refrigerant flow products at 72 FR
71383 (Dec. 17, 2007).
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, whose contact information is included in the ADDRESSES
section above.
Issued in Washington, DC, on December 27, 2007.
Alexander A. Karsner,
Assistant Secretary, Energy Efficiency and Renewable Energy.
January 22, 2007
Mr. Alexander Karsner
Assistant Secretary for Energy Efficiency and Renewable Energy
U.S. Department of Energy
1000 Independence Ave., SW., Washington, DC 20585-0121
Re: Petition for Waiver of Test Procedure
Dear Assistant Secretary Karsner:
Daikin AC (Americas) Inc. (DACA) respectfully petitions the
Department of Energy (DOE) pursuant to 10 C.F.R. Sec. Sec.
430.27(a)(1) and 431.401(a)(1) for a waiver of the test procedures
applicable to commercial package air conditioners and heat pumps, as
established in ISO Standard 13256-1 (1998), \1\ for DACA's variable
speed compressor driven water-cooled multi-split systems for
combinations exceeding two indoor units to a single outdoor unit.
The specific systems for which DACA requests this waiver are in
DACA's VRV-WII product class, and the specific models subject to the
waiver request are listed below. As explained more fully below, the
basis for DACA's request is that the basic model contains design
criteria that prevent testing of the basic model according to the
prescribed test procedures. We are simultaneously requesting an
interim waiver for the same systems pursuant to 10 C.F.R. Sec. Sec.
430.27(a)(2) and 431.401(a)(2).
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\1\ Detailed citations to the test procedures for which DACA is
requesting a waiver are included on page 4 of this petiton.
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Background
DACA is a leading manufacturer of variable speed and Variable
Refrigerant Volume (VRV) zoning systems that DACA offers for sale in
the North American market. These products combine advanced
technologies such as high efficiency variable speed compressors and
fan motors with electronic expansion valves and other devices to
insure peak operating performance of the overall system and to
optimize energy efficiency. DACA has designed the VRV-WII systems to
operate in commercial applications, and this product class employs
zoning to provide users with peak utility of the system and with
significant energy savings compared to competing technologies.
General Characteristics of DACA's Water Source VRV-WII Products
DACA's VRV-WII system has the following characteristics and
applications:
DACA's water source VRV-WII is an air conditioning
system that includes numerous individually controllable discrete
indoor units utilizing water as a heat source. In this unique
system, water is piped from a cooling tower or boiler to the VRV-WII
(which is the equivalent of the outdoor unit of an air cooled
conditioning system). After heat exchange, refrigerant is piped from
the VRV-WII to each indoor unit.
The VRV-WII system consists of multi-split, multi-zone
units utilizing one or multiple outdoor units that serve up to
thirty-two indoor units.
The VRV-WII system employs variable speed technology
that matches system capacity to the current load thereby utilizing
the minimum amount of energy required for optimal system operation.
Due to its multi-zone applications, each VRV-WII indoor
unit can be independently controlled with a local controller
allowing the occupant to alter their environmental condition to meet
their needs. Individually controlled system functions include
temperature, fan speed and mode of operation.
The VRV-WII system can efficiently operate the
compressor at loads as small as 10% of the rated capacity of the
system, resulting in significant energy savings.
Some VRV-WII products offer a ``heat recovery'' mode
that allows heat that is absorbed from one indoor zone (operating in
the cooling mode) to be discharged into another indoor zone that is
calling for heat. This function reduces the load on the outdoor unit
and improves overall system performance and utility.
The VRV-WII system employs variable speed indoor and
outdoor high efficiency fan motors to precisely control operating
pressures and airflow rates.
The VRV-WII system uses electronically controlled
expansion valves to precisely control refrigerant flow, superheat,
sub-cooling, pump down functions and even oil flow throughout the
system.
Particular Basic Models for Which a Waiver Is Requested
DACA requests a waiver from the test procedures for the
following basic model groups:
VRV-WII Series Outdoor Units:
[cir] Models RWEYQ60, 72, 84, 144, 168, 216, and 252 with
capacities ranging from 60,000 to 252,000 Btu/hr.
Compatible Indoor Units for Above Listed Outdoor Units:
[cir] FXAQ Series wall mounted indoor units with nominally rated
capacities of 7,000, 9,000, 12,000, 18,000 and 24,000 Btu/hr.
[cir] FXLQ Series floor mounted indoor units with nominally
rated capacities of 12,000, 18,000 and 24,000 Btu/hr.
[cir] FXNQ Series concealed floor mounted indoor units with
nominally rated capacities of 12,000, 18,000 and 24,000 Btu/hr.
[cir] FXDQ Series low static ducted indoor units with nominally
rated capacities of 7,000, 9,000, 12,000, 18,000 and 24,000 Btu/hr.
[cir] FXSQ Series medium static ducted indoor units with
nominally rated capacities of 7,000, 9,000, 12,000, 18,000, 24,000,
30,000, 36,000 and 48,000 Btu/hr.
[cir] FXMQ Series high static ducted indoor units with nominally
rated capacities of 30,000, 36,000 and 48,000 Btu/hr.
[cir] FXZQ Series recessed cassette indoor units with nominally
rated capacities of 7,000, 9,000, 12,000, 18,000 and 24,000 Btu/hr.
[[Page 1218]]
[cir] FXFQ Series recessed cassette indoor units with nominally
rated capacities of 12,000, 18,000, 30,000 and 36,000 Btu/hr.
[cir] FXHQ Series ceiling suspended indoor units with nominally
rated capacities of 12,000, 24,000 and 36,000 Btu/hr.
[cir] FXOQ Series concealed indoor units with nominally rated
capacities of 12,000, 18,000, 24,000, 36,000, 42,000, 36,000 and
48,000 BTU/Hr.
Design Characteristics Constituting the Grounds for DACA's Petition
DACA's VRV-WII product offering consists of multiple indoor
units being connected to a water-cooled outdoor unit. The indoor
units for these products are available in a very large number of
potential configurations, including but not limited to the
following: 4-Way Cassette, Wall Mounted, Ceiling Suspended, and
Floor Standing. DACA is currently developing additional indoor unit
models for future market introduction. Each of these units has nine
different indoor static pressure ratings as standard, with addition
pressure ratings available. There are over one million combinations
possible with the current DACA VRV-WII product offering. It is
completely impractical for testing laboratories to test a product
such as the VRV-WII with multiple indoor units because of the
astronomical number of potential system configurations.
DACA's VRV-WII products share many of the design characteristics
and features of DACA's VRV and VRV-S product lines, and of
Mitsubishi Electric and Electronics USA, Inc.'s (MEUS) CITY MULTI
product class, for both of which DOE has previously granted a
waiver.\2\ The principal design characteristic difference between
DACA's VRV and VRV-S products, and its VRV-WII products, is the
method of heat rejection. Similarly, the method of heat rejection is
the most significant design characteristic that distinguishes the
basic operation of the VRV-WII product class and the MEUS CITY MULTI
product class that has received a waiver from DOE. The VRV-WII
products use water instead of air to reject heat. In contrast, the
VRV and VRV-S products, as well as MEUS' CITY MULTI products use air
to reject heat. The same testing constraints and limitations apply
to all of these products.
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\2\ DOE granted DACA an interim waiver for its VRV and VRV-S
product lines in a letter dated August 14, 2006. DOE has not yet
published notice of this interim waiver issuance in the Federal
Register. DOE granted MEUS a waiver for its CITY MULTI VRFZ class of
products. 69 FR 52660 (August 27, 2004).
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The DOE relied on similar rationales to grant MEUS' petition for
waiver and DACA's interim waiver. DOE stated the following in its
August 14, 2006 letter to DACA granting an interim waiver:
A waiver for a similar type of variable refrigerant flow zoned
central air conditioner [i.e., similar to the DACA VRV and VRV-S
products] was requested by MEUS. DOE decided to grant the waiver,
based on the difficulty of testing the products. There are two major
testing problems: (1) Test laboratories cannot test products with so
many indoor units (up to sixteen); and (2) there are too many
possible combinations of indoor and outdoor units--only a small
fraction of the combinations could be tested.
DOE also noted in its August 14, 2006 interim waiver approval
for DACA's VRV and VRV-S products that ``[w]aivers for similar
products have already been granted to * * * Samsung, and Fujitsu
General * * *.''
After reviewing its previously granted waivers for similar
products under the same rationale in its August 14, 2006 letter, DOE
concluded that DACA's VRV and VRV-S systems ``will likely suffer the
same testing problems that prompted DOE to grant MEUS a waiver.''
DOE continued by saying that ``[w]ith up to eleven indoor units of
nine different types, thousands of combinations are possible, and it
would not be practicable to test so many combinations [of DACA's VRV
and VRV-S product class].'' Based on these conclusions, the DOE
proceeded to grant DACA's interim waiver request. Id.
The DOE's basis for its August 4, 2006 approval of an interim
waiver for DACA's VRV and VRV-S products is virtually identical to
DOE's stated reasons for its approval of MEUS' CITY MULTI product
lines, which were: ``test laboratories cannot test products with so
many indoor units,'' and ``there are too many possible combinations
of indoor and outdoor units to test.'' 69 Fed. Reg. 52,660 (August
27, 2004).
The DACA VRV-WII system operates in the same configurations as
the VRV and VRV-S systems, with the only relevant design feature
difference being that the VRV-WII system that is the subject of this
waiver petition uses water to reject heat, while the VRV and VRV-S
systems that have already received an interim waiver use air to
reject heat. The reasons and rationale that DOE has already
articulated to support the previous DACA, MEUS, Sanyo, and Fujitsu
waivers for multi-split, multi-zoned air conditioners also apply to
the DACA VRV-WII products. Therefore, DOE should conclude that the
design characteristics of DACA's VRV-WII product class prevent
testing of the basic VRV-WII model according to the prescribed test
procedures.
Specific Testing Requirements Sought To Be Waived
The test procedures from which DACA is requesting a waiver are
in ISO Standard 13256-1 (1998), which is applicable to water-source
small commercial packaged air conditioning and heating equipment
with a capacity of < 135,000 Btu/hr, and which is referenced in Table
1 of 10 CFR Sec. 431.96, and is made applicable to DACA's
commercial water source VRV-WII products in 10 CFR Sec. 431.96(a).
Detailed Discussion of Need for Requested Waiver
Although the capacity of DACA's VRV-WII commercial air
conditioning product class are within the scope of ISO Standard
13256-1 (1998), the design characteristics of the VRV-WII product
class prevent testing of the basic model according to the prescribed
test procedures. The testing procedures outlined in these two ARI
standards do not provide for:
The testing of multi-split products when all connected
indoor units physically cannot be located in a single room.
The operation of indoor units at several different
static pressure ratings during a single test.
The precise number of part load tests that ISO Standard
13256-1 (1998) requires for fully or infinitely variable speed
products.
DACA especially requires the requested waiver because ISO
Standard 13256-1 (1998) provides no direction or guidance about how
to test systems with millions of combinations of indoor units
configurable to a single outdoor unit.
A further reason that DACA needs the requested waiver is that
ISO Standard 13256-1 (1998) does not provide a test method to
measure part load performance of a system operating in simultaneous
cooling and heating modes (i.e., performing both heating and cooling
functions at the same time).
Yet another problem that prevents testing of the VRV-WII product
class under these two ARI standards, and another major reason why
DACA requires the requested waiver, is the wide variety of indoor
unit static pressure ratings available with these and other multi-
split products. Testing facilities cannot effectively control
multiple indoor static pressures as would be required to test many
of the indoor unit combinations available. To accomplish such
testing, a testing lab would be required to use a large number of
test rooms simultaneously, and each test room would have to be
networked into the data recording instrumentation. Also, extensive
piping configurations would need to be routed throughout the various
test rooms. This process would be extraordinarily expensive, and the
logistical challenges presented by the testing might be
insurmountable.
Manufacturers of Other Basic Models Incorporating Similar Design
Characteristics
DACA is aware of the following manufacturers that produce basic
models incorporating similar design characteristics to the VRV-WII
in the United States market:
Sanyo Fisher (USA) Corp.
Mitsubishi Electric & Electronics USA, Inc.
Alternative Test Procedures
There are no alternative test procedures available within the
United States to provide a means to test and to rate the performance
of such variable speed, multi-split, multi-zone product types. A
draft ISO standard (ISO CD 15042 Multi-Split Systems) is nearing
completion and will soon be distributed as a Draft International
Ballot for comments. The actual final completion date of this ISO
standard is unknown. The Engineering Committee of ARI's Ductless
Section is also evaluating possible methods to provide testing and
rating of such systems, but the ARI Ductless Section has not
developed a test method for this category of equipment as of this
date.
Application for Interim Waiver
DACA also hereby applies pursuant to 10 CFR Sec. 431.401(a)(2)
for an interim waiver of the applicable test procedure requirements
for the VRV-WII product class models listed
[[Page 1219]]
above. The basis for DACA's Application for Interim Waiver follows.
DACA is likely to succeed in its Petition for Waiver because
there is no reasonable argument that ISO Standard 13256-1 (1998) can
be accurately applied to DACA's VRV-WII product class. As explained
above in the DACA's Petition for Waiver, the design characteristics
of the VRV-WII product class clearly prevent testing of the basic
model according to the prescribed test procedures. The likelihood of
DOE approving DACA's Petition for Waiver is buttressed by the DOE's
history of approving previous waiver requests from DACA and from
several other manufacturers for other products that are similar to
the VRV-WII product class, based on the same rationale put forth by
DACA in this Petition for Waiver. See preceding discussion of
waivers granted by DOE to MEUS, Fujitsu General, and Sanyo Fisher
(USA) Corp.
Additionally, DACA is likely to suffer economic hardship and
competitive disadvantage if DOE does not grant its interim waiver
request. DACA is now preparing to introduce its VRV-WII product
class in a matter of months. If we must wait for completion of the
normal waiver consideration and issuance process, DACA will be
forced to delay the opportunity to begin recouping through product
sales its research, development and production costs associated with
the VRV-WII product class. In addition to these economic hardship
costs, DACA will lose market share to MEUS, especially if DOE grants
MEUS' pending interim waiver application for its CITY MULTI WR2 and
WY product classes, which will compete directly with DACA's VRV-WII
product class.
DOE approval of DACA's interim waiver application is also
supported by sound public policy reasons. As DOE stated in its
August 14, 2006 approval of DACA's interim waiver for the VRV and
VRV-S product classes:
[I]n those instances where the likely success of the Petition
for Waiver has been demonstrated, based upon DOE having granted a
waiver for a similar product design, it is in the public interest to
have similar products tested and rated for energy consumption on a
comparable basis.
The VRV-WII product class will provide superior comfort to the
end user, will allow for independent zoning of facilities from a
single outdoor unit, and will incorporate state of the art
technology such as variable speed compressors utilizing neodymium
magnets to increase efficiency and electronic control of compressor
speed, fan speed and even metering device opening positions. The
VRV-WII product class will introduce technologies that will increase
system efficiency and reduce national energy consumption, and that
will also offer a new level of comfort and control to end users.
DACA requests that DOE grant our Application for Interim Waiver
so we can bring the new highly energy efficient technology
represented by the VRV-WII product class to the market as soon as
possible, thereby allowing the U.S. consumer to benefit from our
high technology and high efficiency product, and from competition
for other manufacturers who may have already received waivers.
Confidential Information
DACA makes no request to DOE for confidential treatment of any
information contained in this Petition for Waiver and Application
for Interim Waiver.
Conclusion
Daikin AC (Americas), Inc. Corporation respectfully requests DOE
to grant its Petition for Waiver of the applicable test procedure to
DACA for the VRV-WII product design, and to grant its Application
for Interim Waiver. DOE's failure to issue an interim waiver from
test standards would cause significant economic hardship to DACA by
preventing DACA from marketing these products even though DOE has
previously granted a waiver to other products currently being
offered in the market with similar design characteristics.
We would be pleased to respond to any questions you may have
regarding this Petition for Waiver and Application for Interim
Waiver. Please contact Russell Tavolacci, Director of Product
Marketing at 972-245-1510 or by email at
Russell.tavolacci@daikinac.com.
Sincerely,
Yoshinobu Inoue
President, Daikin AC (Americas), Inc.
1645 Wallace Drive, Suite 110, Carrollton, Texas 75006
[FR Doc. E7-25650 Filed 1-4-08; 8:45 am]
BILLING CODE 6450-01-P