[Federal Register Volume 76, Number 66 (Wednesday, April 6, 2011)]
[Notices]
[Pages 19078-19087]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-8145]
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DEPARTMENT OF ENERGY
Office of Energy Efficiency and Renewable Energy
[Case No. CAC-030]
Energy Conservation Program for Certain Industrial Equipment:
Publication of the Petition for Waiver From Mitsubishi Electric and
Electronics USA, Inc. 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 Mitsubishi Electric and Electronics USA, Inc. (Mitsubishi).
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 additional indoor units of the Mitsubishi
variable
[[Page 19079]]
capacity WR2, WY and S&L Class (commercial) multi-split heat pumps.
Through this document, DOE: Solicits comments, data, and information
with respect to the Mitsubishi petition; and announces the grant of an
interim waiver to Mitsubishi 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 Mitsubishi petition until, but no later than May 6, 2011.
ADDRESSES: You may submit comments, identified by case number ``CAC-
030,'' 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-030] 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: mailto:[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,
Part C was re-designated Part A-1.
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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 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 test procedures applicable to small
commercial packaged air conditioning and heating water-source heat
pumps, with capacities less than 135,000 Btu/h, are those included in
ISO Standard 13256-1 (1998). The capacities of Mitsubishi's WR2 and WY
CITY MULTI water-source products covered by this petition fall in that
range. For commercial package air-source equipment with capacities
between 65,000 and 760,000 Btu/h, ARI Standard 340/360-2004 is the
applicable test procedure under 10 CFR 431.96. The capacities of
Mitsubishi's S&L Class CITY MULTI commercial products fall in that
range.
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
[[Page 19080]]
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 February 18, 2011, Mitsubishi filed an application for interim
waiver and a petition for waiver from the test procedures under 10 CFR
431.96 that apply to commercial package air and water-source air
conditioners and heat pumps. Mitsubishi's petition requests a waiver
from the applicable test procedures for its additional indoor models to
be used with the WR2 and WY Series and S&L Class CITY MULTI products.
On December 15, 2009, DOE granted Mitsubishi waivers from the DOE
commercial air conditioner and heat pump test procedures for
Mitsubishi's WR2 and WY Series products and the S&L Class products. 74
FR 66311, 66315. Mitsubishi's February 18, 2011 petition lists
additional models of indoor units for these multi-split systems. These
include models in existing model families that have capacities not
previously offered, as well as new indoor model families to be used
with these systems. These additional indoor models face the same
testing challenges as the models already covered by the WR2 and WY
Series Waiver and the S&L Class Waiver.
Mitsubishi seeks a waiver from the applicable test procedures under
10 CFR 431.96 on the grounds that its WR2, WY and S&L Class multi-split
heat pumps contain design characteristics that prevent testing
according to the current DOE test procedures. DOE granted the WR2 and
WY Series products a waiver because the basic model of these products
contains one or more design characteristics that prevent testing of the
basic model according to the prescribed test procedures. DOE made the
same finding with respect to the S&L Class products, stating that the
existing testing facilities have limited ability to test multiple
indoor units at one time, and that the number of possible combinations
of indoor and outdoor units is impractical to test, and thus granted
Mitsubishi's requested waiver. The additional indoor models that are
the subject of this petition would be used just as the products covered
by the WR2 and WY Series Waiver and the S&L Class Waiver, and thus
present exactly the same testing challenges.
As DOE found in its grant of the WR2 and WY Series Waiver and the
S&L Class Waiver, indoor models are not the primary efficiency drivers
for these systems--the primary efficiency drivers are the outdoor
units. Mitsubishi is not proposing to add new outdoor units to the WR2
and WY Series Waiver and S&L Class Waiver. The indoor units described
above will be combined with the same outdoor unit models covered by the
prior waivers to create multi-split systems.
III. Application for Interim Waiver
On February 18, 2011, Mitsubishi also submitted an application for
an interim waiver from the test procedures at 10 CFR 431.96 for its
specified WR2, WY, and S&L equipment. DOE determined that Mitsubishi'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 Mitsubishi 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, Mitsubishi's products would not be tested and rated for
energy consumption in the same manner as similar products for which DOE
previously granted waivers. Furthermore, DOE has determined that it
appears likely that Mitsubishi's petition for waiver will be granted
and that is desirable for public policy reasons to grant Mitsubishi
immediate relief pending a determination on the petition for waiver.
DOE believes that it is likely Mitsubishi's petition for waiver for the
new WR2, WY and S&L Class multi-split models will be granted because
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 Mitsubishi's WR2, WY and S&L Class 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 Mitsubishi is hereby
granted for Mitsubishi's WR2, WY and S&L Class multi-split heat pumps,
subject to the specifications and conditions below.
1. Mitsubishi shall not be required to test or rate its WR2, WY and
S&L Class 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 (S&L Class) and ISO Standard 13256-1 (1998) (WR2 and
WY classes).
2. Mitsubishi shall be required to test and rate its WR2, WY and
S&L Class 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 indoor units:
PCFY--Series--Ceiling Suspended--with a capacity of 15
MBtu/h
PEFY Series--Ceiling Concealed Ducted (Low Profile)--with
a capacity of 15 MBtu/h
PKFY Series--Wall Mounted--with a capacity of 15 MBtu/h
PLFY Series--4-Way Airflow Ceiling Cassette--with a
capacity of 15 MBtu/h
The PEFY-AF Series--100% outdoor air ventilation systems
(Concealed ducted)--PEFY-AF1200CFM/CFMR**--with a maximum outside air
ventilation capability of 1200 CFM
The PVFY Series-Vertical air handler (Concealed ducted)--
with capacities of 12/18/24/30/36/42/48/54 MBtu/h
PWFY Series--Commercial Hot Water Heat Pump Indoor Units--
with capacities of 36/72 MBtu/h and 36 MBtu/h with booster unit.
PEFY Series--Ceiling Concealed Ducted--with capacities of
06/08/12/15/18/24/27/30/36/48 MBtu/h
PLFY Series--2'-by-2' frame 4-Way Airflow Ceiling
Cassette--with capacities of 8/12/15 MBtu/h
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. MEUS 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
[[Page 19081]]
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 431, Subpart T.
IV. Alternate Test Procedure
In responses to 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. The same alternate test procedure was specified in the
December 15, 2009 waivers. For reasons similar to those published in
these prior notices, DOE believes that an alternate test procedure is
appropriate in this instance.
We further note that after DOE granted a waiver for Mitsubishi's
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 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 AHRI 1230-2010. The waivers use a
definition of ``tested combination'' that is substantially the same as
the definition in 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 Mitsubishi 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 for granting this interim waiver to
Mitsubishi, DOE is including an alternate test procedure similar to
those granted to Mitsubishi in its previous waivers and identical to
the ones granted on December 15, 2009. This alternate test procedure
will allow Mitsubishi to test and make energy efficiency
representations for its WR2, WY and S&L Class 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 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) and LG (74 FR 66330,
December 15, 2009).
The alternate test procedure developed in conjunction with the
Mitsubishi waiver permits Mitsubishi 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 plans to consider inclusion of the following waiver language in
the decision and order for Mitsubishi's WR2, WY and S&L Class
commercial multi-split water-source heat pump models:
Mitsubishi shall not be required to test or rate its WR2, WY and
S&L Class 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 for the air-source S&L Class
products, and ISO Standard 13256-1998 for the water-source WR2 and
WY Series products. Mitsubishi will be required, however, to test
and rate its WR2, WY and S&L Class commercial multi-split heat pumps
covered in this waiver according to the alternate test procedure as
set forth below:
(A) Mitsubishi shall be required to test the basic models of
WR2, WY and S&L Class water and air-source outdoor units and
compatible indoor units listed in its petition for waiver dated
February 18, 2011, according to the test procedures for commercial
central air conditioners and heat pumps prescribed under 10 CFR
431.96, except that Mitsubishi shall test a ``tested combination''
selected in accordance with the provisions of subparagraph (B). For
every other system combination using the same outdoor unit as the
tested combination, Mitsubishi shall make representations concerning
the WR2, WY and S&L Class equipment covered in this interim waiver
according to the provisions of subparagraph (C).
(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, so
that non-ducted indoor unit combinations can also be tested.) 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.
(C) Representations. In making representations about the energy
efficiency of its WR2, WY and S&L Class variable capacity multi-
split heat pump products for compliance, marketing, or other
purposes, Mitsubishi must fairly disclose the results of testing
under the DOE test procedure in a manner consistent with the
provisions outlined below:
(1) For WR2, WY and S&L Class combinations tested in accordance
with this alternate test procedure, Mitsubishi may make
representations based on these test results.
(2) For WR2, WY and S&L Class combinations that are not tested,
Mitsubishi may make representations of non-tested combinations at
the same energy efficiency level as the tested combination. The
outdoor unit must be the one used in the tested combination. The
representations must be based on the test results for the tested
combination. The representations may also be determined by an
Alternative Rating Method approved by DOE.
[[Page 19082]]
V. Summary and Request for Comments
Through today's notice, DOE announces receipt of the Mitsubishi
petition for waiver from the test procedures applicable to Mitsubishi's
WR2, WY and S&L Class commercial multi-split heat pump products. For
the reasons articulated above, DOE also grants Mitsubishi an interim
waiver from those procedures. As part of this notice, DOE is publishing
Mitsubishi's petition for waiver in its entirety. The petition contains
no confidential information. Furthermore, today's notice includes an
alternate test procedure that Mitsubishi is required to follow as a
condition of its interim waiver. In this alternate test procedure, DOE
is defining a tested combination that Mitsubishi could use in lieu of
testing all retail combinations of its WR2, WY and S&L Class 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: William Rau, Senior Vice President and General
Manager, HVAC Advanced Products Division, Mitsubishi Electric &
Electronics USA, Inc., 4300 Lawrenceville-Suwanee Road, Suwanee, GA
30024. 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 March 30, 2011.
Kathleen Hogan,
Deputy Assistant Secretary for Energy Efficiency, Office of Technology
Development, Energy Efficiency and Renewable Energy.
February 18, 2011
The Honorable Cathy Zoi, Assistant Secretary for Energy Efficiency and
Renewable Energy, U.S. Department of Energy, 1000 Independence Ave,
SW., Washington, DC 20585-0121
Re: Update to Previously-Granted Test Procedure Waivers for CITY MULTI
VRFZ WR2 and WY Series and S&L Class Air Conditioners and Heat Pumps
Dear Assistant Secretary Zoi:
On December 15, 2009, the Department of Energy (DOE) granted
Mitsubishi Electric & Electronics USA, Inc. (MEUS) a waiver from the
DOE commercial air conditioner and heat pump test procedures for MEUS's
WR2 and WY Series products \1\ and the S&L Class products.\2\ These
products are part of MEUS's CITY MULTI Variable Refrigerant Flow Zoning
(VRFZ) line of multi-split central air conditioners and heat pumps. As
explained in MEUS's petitions for waiver for the WR2 and WY Series and
the S&L Class products, these systems cannot be tested according to the
prescribed test procedures for commercial products. Pursuant to DOE's
grant of the waivers, MEUS is not required to test or rate the products
listed in the waivers based on the currently applicable test procedure.
Instead, MEUS is required to test and rate these products according to
the alternate test procedure set forth in the waivers.
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\1\ Energy Conservation Program for Certain Industrial
Equipment: Decision and Order Granting a Waiver to Mitsubishi
Electric and Electronics USA, Inc. From the Department of Energy
Commercial Package Water-Source Heat Pump Test Procedure, 74 Fed.
Reg. 66311 (Dec. 15, 2009) (``WR2 and WY Series Waiver'').
\2\ Energy Conservation Program for Certain Industrial
Equipment: Decision and Order Granting a Waiver to Mitsubishi
Electric & Electronics USA, Inc. From the Department of Energy
Commercial Package Air Conditioner and Heat Pump Test Procedures, 74
Fed. Reg. 66315 (Dec. 15, 2009) (``S&L Class Waiver'').
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MEUS has now developed additional models of indoor units for these
multi-split systems. These include both models in certain existing
model families that have capacities not previously offered, as well as
new indoor model families to be used with these systems. These
additional indoor models face the same testing challenges as the models
already covered by the WR2 and WY Series Waiver and the S&L Class
Waiver. Specifically, they contain one or more design characteristic
that prevents testing according to the test procedures. Therefore, MEUS
respectfully requests that DOE update the list of models covered by the
applicable test procedure waivers to cover these additional indoor
models.\3\ MEUS simultaneously requests an interim waiver covering
systems using these additional indoor models.
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\3\ The existing WR2 and WY Series Waiver and S&L Class Waiver
would remain in effect until DOE modifies those waivers in
accordance with this request.
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MEUS frames this request to update the list of models covered by
two already-granted waivers pursuant to the requirements for granting
new test procedure waivers.\4\ Given that this request simply addresses
the addition of certain new indoor models for MEUS's WR2 and WY Series
and the S&L Class products, and that DOE previously has granted waivers
for the outdoor units and other indoor units for these systems, if DOE
would prefer to utilize a procedurally simpler approach for updating
the covered list of models, MEUS would welcome such an approach.
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\4\ See 10 CFR Sec. 431.401.
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Background
On October 30, 2006, MEUS submitted a Petition for Waiver from the
test procedures applicable to the water-source WR2 and WY Series of its
CITY MULTI VRFZ line of commercial package heat pump equipment.
Mitsubishi sought a waiver from the applicable test procedures 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. DOE granted the
requested waiver because ``the basic model [of these products] contains
one or more design characteristics which * * * prevent testing of the
basic model according to the prescribed test procedures.'' \5\ The
waiver included an alternate test procedure pursuant to which MEUS must
test and rate the products covered by the waiver.
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\5\ WR2 and WY Series Waiver at 66313.
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On March 28, 2008, MEUS submitted a Petition for Waiver from the
test procedures applicable to the S&L Class models from MEUS's CITY
MULTI VRFZ line of commercial package heat pump equipment. MEUS based
its request on the fact that the testing laboratories cannot test
systems with so many indoor units, and that there are
[[Page 19083]]
too many possible combinations of indoor units with a single outdoor
unit to test. DOE agreed with MEUS that the existing testing facilities
have limited ability to test multiple indoor units at one time, and
that the number of possible combinations of indoor and outdoor units is
impractical to test, and thus granted MEUS's requested waiver.\6\ DOE
approved an alternate test procedure pursuant to which MEUS must test
and rate the models covered by the waiver.
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\6\ S&L Class Waiver at 66317.
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New Indoor Models
Both the WR2 and WY Series Waiver and the S&L Class Waiver covered
the following indoor model families: (1) PCFY Series--Ceiling
Suspended; (2) PEFY Series--Ceiling Concealed Ducted (Low Profile); (3)
PKFY Series--Wall Mounted; and (4) PLFY Series--4-Way Airflow Ceiling
Cassette. For each of these indoor model families, MEUS has developed
an additional model with a capacity of 15 MBtu/h. At the time MEUS
initially filed its petitions for waiver for the WR2 and WY Series and
S&L Class products, this capacity product was not available. MEUS has
developed this additional capacity product to meet customer demands for
specialized applications.
When MEUS originally applied for a waiver for its WR2 and WY Series
and its S&L Class products, it only included those indoor units that
were being produced at that time. MEUS has now developed new indoor
model types to expand its CITY MULTI product line to offer consumers a
greater variety of available indoor units to suit consumers' specific
needs. MEUS plans to add five new types of indoor unit families to the
line-up of indoor units that can be matched with the CITY MULTI outdoor
units. The new indoor model families will be: (1) PEFY-AF; (2) PVFY;
(3) PWFY; (4) PLFY Series--2'-by-2' frame 4-Way Airflow Ceiling
Cassette; and (5) PEFY Series--Ceiling Concealed Ducted. The difference
between these new indoor models and the models previously covered by
the waivers relates to their application. All of the new models have
been developed for specialized applications to meet consumers' unique
demands.
MEUS requests that the WR2 and WY Series Waiver and the S&L Class
Waiver be updated to cover the following additional indoor units:
PCFY-Series-Ceiling Suspended--with a capacity of 15 MBtu/
h
PEFY Series-Ceiling Concealed Ducted (Low Profile)--with a
capacity of 15 MBtu/h
PKFY Series-Wall Mounted--with a capacity of 15 MBtu/h
PLFY Series-4-Way Airflow Ceiling Cassette--with a
capacity of 15 MBtu/h
The PEFY-AF Series--100% outdoor air ventilation systems
(Concealed ducted)--PEFY-AF1200CFM/CFMR**--with a maximum outside air
ventilation capability of 1200 CFM
The PVFY Series--Vertical air handler (Concealed ducted)--
with capacities of 12/18/24/30/36/42/48/54 MBtu/h
PWFY Series--Commercial Hot Water Heat Pump Indoor Units--
with capacities of 36/72 MBtu/h and 36 MBtu/h with booster unit.
PEFY Series--Ceiling Concealed Ducted--with capacities of
06/08/12/15/18/24/27/30/36/48 MBtu/h
PLFY Series--2'-by-2' frame 4-Way Airflow Ceiling
Cassette--with capacities of 8/12/15 MBtu/h
For DOE's convenience, MEUS is attaching comprehensive lists of all
of the models for the WR2 and WY Series and S&L Class systems that
include the outdoor and indoor models covered by previously granted
waivers in the WR2 and WY Series Waiver and the S&L Class Waiver, plus
the additional indoor models that are the subject of this petition.
MEUS respectfully requests that DOE replace, in its entirety, the lists
of models included in the WR2 and WY Series Waiver and the S&L Class
Waiver with the lists included as Attachment A and Attachment B to this
petition upon grant of this waiver petition. Having an updated
comprehensive list will assist DOE and market participants in easily
keeping track of all of the WR2 and WY Series and S&L Class models that
are subject to a DOE-granted waiver.
Test Procedures From Which Waiver Is Requested
MEUS's petition requests waiver from the applicable test procedures
for its additional indoor models to be used with the WR2 and WY Series
and S&L Class CITY MULTI products.
For the water source products, DOE's regulations provide the test
procedures for small and large commercial package air conditioning and
heating equipment.\7\ Pursuant to 10 CFR Sec. 431.96, the test
procedures applicable to small commercial packaged air conditioning and
heating water-source heat pumps, with capacities less than 135,000 Btu/
h, are those included in ISO Standard 13256-1 (1998).\8\ The capacities
of MEUS's WR2 and WY CITY MULTI water-source products covered by this
petition fall in that range. Therefore, MEUS requests waiver from ISO
Standard 13256-1 (1998), as incorporated by reference in DOE's
regulations for its WR2 and WY Series products.
---------------------------------------------------------------------------
\7\ 10 CFR Sec. 431.96.
\8\ 10 CFR Sec. 431.96, Table 1.
---------------------------------------------------------------------------
MEUS's petition also requests waiver from the commercial test
procedures for its S&L Class products. For commercial package air
conditioning equipment with capacities between 65,000 and 760,000 Btu/
h, ARI Standard 340/360-2004 is the applicable test procedure under 10
CFR Sec. 431.96. The capacities of MEUS's S&L Class CITY MULTI
products sold for commercial use fall in that range. Therefore, MEUS
requests waiver from ARI Standard 340/360-2004 as incorporated by
reference in DOE's regulations for MEUS's S&L Class products.
MEUS proposes to test and rate a tested combination for each
individual outdoor unit of the WR2 and WY Series products and the S&L
Class products pursuant to the applicable alternate test procedure
already specified in the WR2 and WY Series Waiver and the S&L Class
Waiver, as discussed below.
Need for Waiver of Test Procedures
The Department's regulations contain provisions allowing a person
to seek a waiver from the test procedure requirements for commercial
equipment. These provisions are set forth in 10 CFR Sec. 431.401. The
waiver provisions allow DOE to temporarily waive 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.\9\
---------------------------------------------------------------------------
\9\ 10 CFR Sec. 431.401(a)(1).
---------------------------------------------------------------------------
As explained above, DOE granted the WR2 and WY Series products a
waiver because ``the basic model [of these products] contains one or
more design characteristics which * * * prevent testing of the basic
model according to the prescribed test procedures.'' \10\ DOE made the
same finding with respect to the S&L Class products, stating that the
existing testing facilities have limited ability to test multiple
indoor units at one time, and that the number of possible combinations
of indoor and outdoor units is impractical to test, and thus granted
MEUS's requested
[[Page 19084]]
waiver.\11\ The additional indoor models that are the subject of this
petition would be used just as the products covered by the WR2 and WY
Series Waiver and the S&L Class Waiver, and thus present exactly the
same testing challenges. Thus, DOE should grant the requested waiver.
---------------------------------------------------------------------------
\10\ WR2 and WY Series Waiver at 66313.
\11\ S&L Class Waiver at 66317.
---------------------------------------------------------------------------
As DOE found in its grant of the WR2 and WY Series Waiver and the
S&L Class Waiver, indoor models are not the primary efficiency drivers
for these systems--the primary efficiency drivers are the outdoor
units.\12\ MEUS is not proposing to add new outdoor units to the WR2
and WY Series Waiver and S&L Class Waiver. The indoor units described
above will be combined with the same outdoor unit models covered by the
prior waivers to create VRFZ systems.
---------------------------------------------------------------------------
\12\ ``DOE believes that allowing MEUS to make energy efficiency
representations for non-tested combinations by adopting this
alternative test procedure as described above is reasonable because
the outdoor unit is the principal efficiency driver.'' S&L Class
Waiver at 66317. See also WR2 and WY Series Waiver at 66313.
---------------------------------------------------------------------------
It should be noted that these CITY MULTI products employ advanced
technologies and their marketing will advance the goals of the Energy
Policy and Conservation Act (EPCA) to promote energy efficiency.
Testing procedures should not inhibit the commercial success of these
products in the United States. Without a waiver of the test procedures,
MEUS will be at a competitive disadvantage in the market. Consumers
have come to expect the availability of the CITY MULTI products in the
U.S. marketplace, and a significant number of engineers and contractors
are currently requesting these WR2 and WY and S&L Class products for
their projects because of the great advantages they offer. Thus, MEUS
respectfully requests that DOE grant a waiver from the applicable test
procedures.
Alternative Test Procedures
Both the WR2 and WY Series Waiver and the S&L Class Waiver include
alternate test procedures pursuant to which MEUS tests and rates its
water source and S&L class products.\13\ No changes to those alternate
test procedures are needed to cover the additional indoor units that
are the subject of this petition. Therefore, MEUS requests that the
products listed herein be subject to the same alternate test procedures
as in the WR2 and WY Series Waiver and the S&L Class Waiver, as
applicable.
---------------------------------------------------------------------------
\13\ WR2 and WY Series Waiver at 66313; S&L Class Waiver at
66317.
---------------------------------------------------------------------------
For DOE's convenience, MEUS is reproducing the alternate test
procedures included in the WR2 and WY Series Waiver and the S&L Class
Waiver as Attachment C and Attachment D to this petition.
Similar Products
To the best of our knowledge, water-source VRFZ products or
products similar to MEUS's S&L Class products are also offered in the
United States by Daikin AC (Americas), LG Electronics U.S.A., Inc.,
Fujitsu Gen America Inc, Samsung Electronics Company, LTD., and Sanyo
Fisher (USA) Corp.
Application for Interim Waiver
Pursuant to 10 CFR Sec. 431.401(a)(2), MEUS also submits an
application for interim waiver of the applicable test procedures for
the WR2 and WY CITY MULTI indoor models and the S&L Class indoor models
listed above. DOE's regulations contain provisions allowing DOE to
grant an interim waiver from the test procedure requirements to
manufacturers that have petitioned the Department for a waiver of such
prescribed test procedures.\14\ As DOE has stated, ``an Interim Waiver
will be granted 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
for the Petition for Waiver.'' \15\ MEUS will experience economic
hardship if the application for interim waiver is denied. Additionally,
precedent indicates that DOE will likely grant MEUS's petition for
waiver. Finally, it is in the public interest to grant an interim
waiver. Therefore, MEUS respectfully requests DOE to grant the
application for interim waiver.
---------------------------------------------------------------------------
\14\ 10 CFR Sec. 431.401(a)(2).
\15\ Energy Conservation Program for Consumer Products:
Publication of the Petition for Waiver and Granting of the
Application for Interim Waiver of Samsung Air Conditioning From the
DOE Residential and Commercial Package Air Conditioner and Heat Pump
Test Procedures (Case No. CAC-009), 70 Fed. Reg. 9629 at 9630 (Feb.
28, 2005). See 10 CFR Sec. 431.201(e)(3) (2005).
---------------------------------------------------------------------------
MEUS plans to introduce the additional WR2 and WY Series and the
S&L Class indoor models into the U.S. market soon. The procedure for
granting a waiver is a time-consuming process--DOE must publish the
request in the Federal Register, allow time for public comment, and
then consider any comments before it makes a decision. Thus, the
process typically takes a number of months. If an interim waiver is not
granted, MEUS will suffer economic hardship because MEUS will be
required to delay its introduction of these products to U.S. customers.
In addition, DOE will likely grant MEUS's request to update the
previously-granted waivers to include the products covered by this
request. As described above, DOE has already granted a waiver for the
WR2 and WY Series and S&L Class products. The indoor models that are
the subject of this request include the same design characteristics
that prevented testing of the basic model of the products listed in the
WR2 and WY Series Waiver and the S&L Class Waiver. The best evidence
that DOE is likely to grant this request is the fact that it previously
granted similar waivers to MEUS and other manufacturers.\16\
---------------------------------------------------------------------------
\16\ See WR2 and WY Series Waiver and the S&L Class Waiver. See
also, Energy Conservation Program for Consumer Products: Decision
and Order Granting a Waiver From the DOE Commercial Package Air
Conditioner and Heat Pump Test Procedure to Mitsubishi Electric
(Case No. CAC- 008), 69 Fed. Reg. 52660 (Aug. 27, 2004); Energy
Conservation Program for Consumer Products: Decision and Order
Granting a Waiver From the Department of Energy (DOE) Residential
and Commercial Package Air Conditioner and Heat Pump Test Procedures
to Mitsubishi Electric, and Modification of a 2004 Waiver Granted to
Mitsubishi Electric From the Same DOE Test Procedures (Case No. CAC-
012), 72 Fed. Reg. 17528 (Apr. 9, 2007); Energy Conservation Program
for Consumer Products: Decision and Order Granting a Waiver to
Fujitsu General From the Department of Energy Residential Central
Air Conditioner and Heat Pump Test Procedure [Case No. CAC-010], 72
Fed. Reg. 71383 (Dec. 17, 2007); Energy Conservation Program for
Consumer Products: Decision and Order Granting a Waiver to Samsung
Air Conditioning From the Department of Energy Residential and
Commercial Package Air Conditioner and Heat Pump Test Procedures
[Case No. CAC-009], 72 FR 71387 (Dec. 17, 2007); Energy Conservation
Program for Consumer Products: Decision and Order Granting a Waiver
to Daikin U.S. Corporation From the Department of Energy Commercial
Package Air Conditioner and Heat Pump Test Procedures and Denying a
Waiver From the Residential Central Air Conditioner and Heat Pump
Test Procedures, 73 Fed. Reg. 39680 (July 10, 2008); Energy
Conservation Program for Commercial Equipment: Decision and Order
Granting a Waiver to Daikin AC (Americas), Inc. From the Department
of Energy Commercial Package Air Conditioner and Heat Pump Test
Procedures, 74 Fed. Reg. 15955 (Apr. 8, 2009); Energy Conservation
Program for Commercial Equipment: Decision and Order Granting a
Waiver to Sanyo Fisher Company From the Department of Energy
Commercial Package Air Conditioner and Heat Pump Test Procedure and
Denying a Waiver From the Residential Central Air Conditioner and
Heat Pump Test Procedure, 74 Fed. Reg. 16193 (Apr. 9, 2009); Energy
Conservation Program for Certain Industrial Equipment: Decision and
Order Granting a Waiver to Daikin AC (Americas), Inc. From the
Department of Energy Commercial Package Water-Source Air Conditioner
and Heat Pump Test Procedure, 74 FR 16373 (Apr. 10, 2009); Energy
Conservation Program for Commercial Equipment: Decision and Order
Granting a Waiver to Daikin AC (Americas), Inc. (Daikin) From the
Department of Energy Commercial Package Air Conditioner and Heat
Pump Test Procedures, 75 Fed. Reg. 22581 (Apr. 29, 2010); and Energy
Conservation Program for Certain Commercial and Industrial
Equipment: Decision and Order Granting a Waiver to Sanyo North
America Corporation From the Department of Energy Commercial Package
Air Conditioner and Heat Pump Test Procedures, 75 Fed. Reg. 41845
(July 19, 2010);
---------------------------------------------------------------------------
[[Page 19085]]
Finally, DOE's regulations state that the Assistant Secretary may
grant an interim waiver if he determines that it would be desirable for
public policy reasons to grant immediate relief pending a determination
for the Petition for Waiver. In response to MEUS's Application for
Interim Waiver for its WR2 and WY products, DOE stated that ``in 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.'' \17\
The same conclusion should be reached with respect to the additional
indoor models listed in this petition. These products will suffer the
same testing obstacles as the products covered by the earlier waivers.
Therefore, since it is in the public interest to have similar products
tested and rated on a comparable basis, DOE should grant MEUS's
Application for Interim Waiver.
---------------------------------------------------------------------------
\17\ Energy Conservation Program for Consumer Products:
Publication of the Petition for Waiver and Granting of the
Application for Interim Waiver of Mitsubishi Electric From the DOE
Commercial Water Source Heat Pump Test Procedure [Case No. CAC-015],
72 Fed. Reg. 17533 at 17535 (Apr. 9, 2007).
---------------------------------------------------------------------------
Conclusion
MEUS respectfully requests that DOE update the list of models
covered by WR2 and WY Series Waiver and the S&L Class Waiver to cover
the additional indoor models listed in this request. DOE should grant
this request because the list of covered products, as updated,
``contain[] one or more design characteristics which * * * prevent
testing of the basic model according to the prescribed test
procedures.'' \18\ MEUS further requests DOE to grant its request for
an interim waiver while this request is pending.
---------------------------------------------------------------------------
\18\ 10 CFR Sec. 431.201(a)(1) (2005).
---------------------------------------------------------------------------
If you have any questions or would like to discuss this request,
please contact Paul Doppel, at (678) 376-2923, or Douglas Smith at
(202) 298-1902. We greatly appreciate your attention to this matter.
Sincerely,
William Rau, Senior Vice President and General Manager, HVAC Advanced
Products Division, Mitsubishi Electric & Electronics USA, Inc., 4300
Lawrenceville-Suwanee Road, Suwanee, GA 30024.
Attachments
CERTIFICATE
I hereby certify that I have this day served the foregoing Petition
for Waiver and Application for Interim Waiver upon the following
companies known to Mitsubishi Electric & Electronics USA, Inc. to
currently market systems in the United States that appear to be similar
to the WR2 and WY Series or the S&L CITY MULTI VRFZ system design. I
have notified these manufacturers that the Assistant Secretary for
Energy Efficiency and Renewable Energy will receive and consider timely
written comments on the Application for Interim Waiver.
Daikin AC (Americas), Inc., 1645 Wallace Drive, Suite 110, Carrollton,
TX 75006, Attn: Mike Bregenzer, VP and GM.
LG Electronics U.S.A., Inc., 1000 Sylvan Ave, Englewood Cliffs, NJ
07632, Attn: Johnson Christopher, Environmental Manager.
Samsung Air Conditioning, Samsung Electronics Company, LTD., 3001
Northern Star Blvd, Ft Worth TX 76137, Attn: Matt Wall.
Sanyo Commercial Solutions, HVAC Solutions, 1690 Roberts Blvd Nw, Suite
110, Kennesaw, GA 301, Attn: Gary Nettinger, Vice President, Technical
Solutions.
Fujitsu General America, 353 US Highway 46, Fairfield, NJ 07004-2437,
Attn: Rozylowicz Tedd, President & COO.
Dated this 18th day of February, 2011.
William Rau, Senior Vice President and General Manager, HVAC Advanced
Products Division, Mitsubishi Electric & Electronics USA, Inc., 3400
Lawrenceville-Suwanee Road, Suwanee, GA 30024.
Attachment A
Complete List of Models for the WR2 and WY Series (As updated in
February 2011)
CITY MULTI Variable Refrigerant Flow Zoning System Outdoor
Equipment:
WY-Series (PQHY) 208/230-3-60 and 460-3-60 split-
system, water-sourced, variable-speed heat pumps with individual
model nominal cooling capacities of 72,000, 96,000, 108,000 and
120,000 Btu/h.
WR2-Series (PQRY) 208/230-3-60 and 460-3-60 split-
system, water-sourced, variable-speed heat pumps with heat recovery
and with individual model nominal cooling capacities of 72,000,
96,000, 108,000 and 120,000 Btu/h.
CITY MULTI Variable Refrigerant Flow Zoning System Indoor
Equipment: P*FY indoor models, ranging from 6,000 to 48,000 Btu/h,
208/230-1-60 and from 72,000 to 120,000 Btu/h, 208/230-3-60 for use
in split system variable-capacity air conditioner or heat pump
systems:
PCFY Series--Ceiling Suspended--with capacities of 12/
15/18/24/30/36 MBtu/h.
PDFY Series--Ceiling Concealed Ducted--with capacities
of 06/08/12/15/18/24/27/30/36/48 MBtu/h.
PEFY Series--Ceiling Concealed Ducted (Low Profile)--
with capacities of 06/08/12/15/18/24 MBtu/h.
PEFY Series--Ceiling Concealed Ducted (Alternate High
Static Option)--with capacities of 15/18/24/27/30/36/48/54/72/96
MBtu/h.
PEFY-F Series--Ceiling Concealed Ducted (100% OA
Option)--with capacities of 30/54/72/96/120 MBtu/h.
PEFY Series--Ceiling Concealed Ducted--with capacities
of 06/08/12/15/18/24/27/30/36/48 MBtu/h.
The PEFY-AF Series--100% outdoor air ventilation
systems (Concealed ducted)--PEFY-AF1200CFM/CFMR**--with a maximum
outside air ventilation capability of 1200 CFM.
PFFY Series--Floor Standing (Concealed)--with
capacities of 06/08/12/15/18/24 MBtu/h.
PFFY Series--Floor Standing (Exposed)--with capacities
of 06/08/12/15/18/24 MBtu/h.
PKFY Series--Wall-Mounted--with capacities of 06/08/12/
15/18/24/30 MBtu/h.
PLFY Series--4-Way Airflow Ceiling Cassette--with
capacities of 12/15/18/24/30/36 MBtu/h.
PLFY Series--2'-by-2' frame 4-Way Airflow Ceiling
Cassette --with capacities of 8/12/15 MBtu/h.
PMFY Series--1-Way Airflow Ceiling Cassette--with
capacities of 06/08/12/15 MBtu/h.
PVFY Series--Vertical air handler (Concealed ducted)--
with capacities of 12/18/24/30/36/42/48/54 MBtu/h
PWFY Series--Commercial Hot Water Heat Pump Indoor
Units--with capacities of 36/72 MBtu/h and 36 MBtu/h with booster
unit.
Attachment B
Complete List of Models for the S&L Class Systems (As Updated in
February 2011)
CITY MULTI Variable Refrigerant Flow Zoning System Outdoor
Equipment:
Y-Series (PUHY) 208/230-3-60 and 460-3-60 split-system
variable-speed heat pumps with individual model nominal capacities
ranging from 65,000 to 144,000 Btu/h, and combined model nominal
capacities ranging from 130,000 to 480,000 Btu/h.
H2I-Series (PUHY-HP) 208/230-3-60 and 460-3-60 split-
system variable speed heat pumps with hyper-heat technology, with
individual model nominal capacities ranging from 65,000 to 120,000
Btu/h, and combined model nominal capacities ranging from 130,000 to
300,000 Btu/h.
R2-Series (PURY) 208/230-3-60 and 460-3-60 split-system
variable speed heat pumps with heat recovery and with individual
model nominal capacities ranging from 65,000 to 144,000 Btu/h, and
combined model nominal capacities ranging from 130,000 to 300,000
Btu/h.
[[Page 19086]]
CITY MULTI Variable Refrigerant Flow Zoning System Indoor
Equipment:
P*FY indoor models, ranging from 6,000 to 48,000 Btu/h, 208/230-
1-60 and from 72,000 to 120,000 Btu/h, 208/230-3-60 for use in split
system variable-capacity air conditioner or heat pump systems:
PCFY Series--Ceiling Suspended--with capacities of 12/
15/18/24/30/36 MBtu/h.
PDFY Series--Ceiling Concealed Ducted--with capacities
of 06/08/12/15/18/24/27/30/36/48 MBtu/h.
PEFY Series--Ceiling Concealed Ducted (Low Profile)--
with capacities of 06/08/12/15/18/24 MBtu/h.
PEFY Series--Ceiling Concealed Ducted (Alternate High
Static Option)--with capacities of 15/18/24/27/30/36/48/54/72/96
MBtu/h.
PEFY-F Series--Ceiling Concealed Ducted (100% OA
Option)--with capacities of 30/54/72/96/120 MBtu/h.
PEFY Series--Ceiling Concealed Ducted--with capacities
of 06/08/12/15/18/24/27/30/36/48 MBtu/h.
The PEFY-AF Series--100% outdoor air ventilation
systems (Concealed ducted)--PEFY-AF1200CFM/CFMR**--with a maximum
outside air ventilation capability of 1200 CFM.
PFFY Series--Floor Standing (Concealed)--with
capacities of 06/08/12/15/18/24 MBtu/h.
PFFY Series--Floor Standing (Exposed)--with capacities
of 06/08/12/15/18/24 MBtu/h.
PKFY Series--Wall-Mounted--with capacities of 06/08/12/
15/18/24/30 MBtu/h.
PLFY Series--4-Way Airflow Ceiling Cassette--with
capacities of 12/15/18/24/30/36 MBtu/h.
PLFY Series--2'-by-2' frame 4-Way Airflow Ceiling
Cassette--with capacities of 8/12/15 MBtu/h.
PMFY Series--1-Way Airflow Ceiling Cassette--with
capacities of 06/08/12/15 MBtu/h.
PVFY Series--Vertical air handler (Concealed ducted)--
with capacities of 12/18/24/30/36/42/48/54 MBtu/h
PWFY Series--Commercial Hot Water Heat Pump Indoor
Units--with capacities of 36/72 MBtu/h and 36 MBtu/h with booster
unit.
Attachment C
Alternate Test Procedure for the WR2 and WY Series (Established in the
WR2 and WY Waiver, Dec. 15, 2009)
(A) Mitsubishi shall be required to test its water-source WR2
and WY series models of its CITY MULTI VRFZ equipment according to
those test procedures for commercial package air conditioners and
heat pumps prescribed at 10 CFR Part 431.96, except that:
(i) Mitsubishi 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, Mitsubishi shall make
representations concerning the WR2 and WY CITY MULTI equipment
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 an outdoor unit that is
matched with between two and five indoor units.
(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 between 95
percent and 105 percent of the nominal cooling capacity of the
outdoor unit;
(iii) Not, individually, have a nominal cooling capacity that is
greater than 50 percent of the nominal cooling 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 WR2 and WY CITY MULTI VRFZ equipment, for
compliance, marketing, or other purposes, Mitsubishi 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 WR2 and WY CITY MULTI VRFZ combinations tested in
accordance with this alternate test procedure, Mitsubishi may make
representations based on these test results.
(ii) For WR2 and WY CITY MULTI VRFZ combinations that are not
tested, Mitsubishi may make representations based on the testing
results for the tested combination and which are consistent with
either of the two following methods:
(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.
(5) This waiver shall remain in effect from the date of issuance
of this Decision and Order consistent with the provisions of 10 CFR
431.401(g).
(6) This waiver is conditioned upon the presumed validity of
statements, representations, and documentary materials provided by
the petitioner. This waiver may be revoked or modified at any time
upon a determination that the factual basis underlying the petition
is incorrect, or DOE determines that the results from the alternate
test procedure are unrepresentative of the basic models' true energy
consumption characteristics.
Attachment D--Alternate Test Procedure for S&L Class Products
(Established in S&L Class Waiver, Dec. 15, 2009)
(A) MEUS shall be required to test the products listed in
paragraph (2) above according to the test procedure for central air
conditioners and heat pumps prescribed by DOE at 10 CFR Part 431
(ARI 340/360-2004, incorporated by reference in 10 CFR
431.95(b)(2)), except that MEUS 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, MEUS shall make
representations concerning the S&L Class 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:
(i) The basic model of a variable refrigerant flow system used
as a tested combination shall consist an outdoor unit (an outdoor
unit can include multiple outdoor units that have been manifolded
into a single refrigeration system, with a specific model number)
that is matched with between 2 and 8 indoor units in total; for
multi-split systems, each of these indoor units shall be designed
for individual operation.
(ii) The indoor units shall--
(a) Represent the highest sales model family, or another indoor
model family if the highest sales model family does not provide
sufficient capacity (see ii);
(b) Together, have a nominal cooling capacity that is between
95% and 105% of the nominal cooling capacity of the outdoor unit;
(c) Not, individually, have a nominal cooling capacity that is
greater than 50% of the nominal cooling capacity of the outdoor
unit;
(d) Operate at fan speeds that are consistent with the
manufacturer's specifications; and
(e) 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 S&L Class variable speed and variable refrigerant
volume air-cooled multi-split heat pump and heat recovery system
products, for compliance, marketing, or other purposes, Mitsubishi
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 S&L Class combinations using a single outdoor unit
tested in accordance with this alternate test procedure, Mitsubishi
may make representations based on these test results.
(ii) For S&L Class combinations using a single outdoor unit that
have not been tested, Mitsubishi may make representations based
[[Page 19087]]
on the testing results for the tested combination and which are
consistent with either of the two following methods:
(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.
(iii) For S&L Class combinations utilizing multiple outdoor
units that have been tested in accordance with this alternate test
procedure, MEUS may make representations based on those test
results.
(iv) For S&L Class combinations utilizing multiple outdoor units
that have not been tested, MEUS may make representations which are
consistent with any of the three following methods:
(a) Representation of non-tested combinations according to an
Alternative Rating Method (``ARM'') approved by DOE.
(b) Representation of non-tested combinations at the same energy
efficiency level as the tested combination with the same combination
of outdoor units.
(c) Representation of non-tested combinations based on the
capacity weighted average of the efficiency ratings for the tested
combinations for each of the individual outdoor units used in the
system, as determined in accordance with the provisions of this
alternate test procedure.
(4) This waiver shall remain in effect from the date of issuance
of this Order consistent with the provisions of 10 CFR 431.401(g).
(5) This waiver is conditioned upon the presumed validity of
statements, representations, and documentary materials provided by
the petitioner. This waiver may be revoked or modified at any time
upon a determination that the factual basis underlying the Petition
for Waiver is incorrect, or DOE determines that the results from the
alternate test procedure are unrepresentative of the basic models'
true energy consumption characteristics.
[FR Doc. 2011-8145 Filed 4-5-11; 8:45 am]
BILLING CODE 6450-01-P