[Federal Register Volume 76, Number 68 (Friday, April 8, 2011)]
[Notices]
[Pages 19759-19765]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-8401]
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DEPARTMENT OF ENERGY
Office of Energy Efficiency and Renewable Energy
[Case No. CAC-031]
Energy Conservation Program for Certain Industrial Equipment:
Publication of the Petition for Waiver From Carrier Corporation 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 Carrier Corporation (Carrier). The petition for waiver
(hereafter ``petition'') requests a waiver from the U.S. Department of
Energy (DOE) test procedure applicable to commercial package air-source
central air conditioners and heat pumps. The petition is specific to
the Carrier variable capacity Super Modular Multi-System SMMSi
(commercial) multi-split heat pumps. Through this document, DOE: (1)
Solicits comments, data, and information with respect to the Carrier
petition; and (2) announces the grant of an interim waiver to Carrier
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 Carrierpetition until, but no later than May 9, 2011.
ADDRESSES: You may submit comments, identified by case number ``CAC-
031,'' 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-031] in the subject line of the message.
Mail: Ms. Brenda Edwards, U.S. Department of Energy,
Building Technologies Program, Mail Stop 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
[[Page 19760]]
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\ applicable to its Super Modular Multi-System (``SMMSi'')
commercial Variable Refrigerant Flow (``VRF'') multi-split systems.
Carrier requests this waiver for the SMMSi systems because the basic
design of VRF multi-split systems prevents testing or rating
according to DOE's prescribed test procedures. Carrier also hereby
requests an interim waiver for the same products pursuant to 10 CFR
431.401(a)(2).
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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 cooling capacities of Carrier's
commercial SMMSi multi-split heat pump products at issue in the waiver
petition filed by Carrier range from 72,000 Btu/h to 220,000 Btu/h. All
of these products are covered by ARI Standard 340/360-2004, which
includes products with capacities greater than 65,000 Btu/hour.
DOE's regulations for covered products permit a person to seek a
waiver from the test procedure requirements for covered commercial
equipment if at least one of the following conditions is met: (1) The
petitioner's basic model contains one or more design characteristics
that prevent testing according to the prescribed test procedures; or
(2) the prescribed test procedures may evaluate the basic model in a
manner so unrepresentative of its true energy consumption as to provide
materially inaccurate comparative data. 10 CFR 431.401(a)(1).
Petitioners must include in their petition any alternate test
procedures known to the petitioner to evaluate the basic model in a
manner representative of its energy consumption. 10 CFR
431.401(b)(1)(iii). The Assistant Secretary for Energy Efficiency and
Renewable Energy (Assistant Secretary) may grant a waiver subject to
conditions, including adherence to alternate test procedures. 10 CFR
431.401(f)(4). Waivers remain in effect pursuant to the provisions of
10 CFR 431.401(g).
The waiver process also permits parties submitting a petition for
waiver to file an application for interim waiver of the applicable test
procedure requirements. 10 CFR 431.401(a)(2). The Assistant Secretary
will grant an interim waiver request if it is determined that the
applicant will experience economic hardship if the application for
interim waiver is denied, if it appears likely that the petition for
waiver will be granted, and/or the Assistant Secretary determines that
it would be desirable for public policy reasons to grant immediate
relief pending a determination on the petition for waiver. 10 CFR
431.401(e)(3). An interim waiver remains in effect for 180 days or
until DOE issues its determination on the petition for waiver,
whichever occurs first. It may be extended by DOE for an additional 180
days. 10 CFR 431.401(e)(4).
II. Petition for Waiver
On February 16, 2011, Carrier filed a petition for waiver from the
test procedures at 10 CFR 431.96 applicable to commercial package air
source central air conditioners and heat pumps, as well as an
application for interim waiver. The capacities of the Carrier SMMSi
multi-split heat pumps range from 72,000Btu/hto 220,000Btu/h. The
applicable test procedure for the air-source heat pumps is ARI 340/360-
2004. Manufacturers are directed to use these test procedures pursuant
to Table 1 of 10 CFR 431.96.
Carrier seeks a waiver from the applicable test procedures under 10
CFR 431.96 on the grounds that its SMMSi multi-split heat pumps contain
design characteristics that prevent testing according to the current
DOE test procedures. Specifically, Carrier asserts that the two primary
factors that prevent testing of its SMMSi multi-split variable speed
products are the same factors stated in the waivers that DOE granted to
Mitsubishi Electric & Electronics USA, Inc. (Mitsubishi) and other
manufacturers for similar lines of commercial multi-split air-
conditioning systems:
Testing laboratories cannot test products with so many
indoor units; and
There are too many possible combinations of indoor and
outdoor units to test.
Mitsubishi (69 FR 52660, August 27, 2004); Mitsubishi (72 FR 17528,
April 9, 2007); Samsung (72 FR 71387, Dec. 17, 2007); Fujitsu (72 FR
71383, Dec. 17, 2007); Daikin (73 FR 39680, July 10, 2008); Daikin (74
FR 15955, April 8, 2009); Daikin (74 FR 16193, April 9, 2009); Daikin
(74 FR 16373, April 10, 2009); Mitsubishi (74 FR 66311, 66315, December
15, 2009) and LG (74 FR 66330, December 15, 2009).
The SMMSi systems have operational characteristics similar to the
commercial multi-split products manufactured by Mitsubishi, Samsung,
Fujitsu and Daikin. As indicated above, DOE has already granted waivers
for these products. The SMMSi system consists of
[[Page 19761]]
multiple indoor units connected to an air-cooled outdoor unit. The
indoor units for these products are available in a number of potential
configurations, including the following: 4-way cassette, compact 4-way
cassette, high-wall, slim ducted, medium static ducted, high static
ducted, and ceiling. There are 7 unique outdoor models and 43 unique
indoor models. A single outdoor model can be connected to up to 38
indoor units. According to Carrier, the various indoor and outdoor
models can be connected in a multitude of configurations, with many
thousands of possible combinations. Consequently, Carrier requested
that DOE grant a waiver from the applicable test procedures for its
SMMSi product designs until a suitable test method can be prescribed.
III. Application for Interim Waiver
On February 16, 2011, Carrier also submitted an application for an
interim waiver from the test procedures at 10 CFR 431.96 for its SMMSi
equipment. DOE determined that Carrier'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 Carrier 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,
Carrier's products would not be tested and rated for energy consumption
in the same manner as equivalent products for which DOE previously
granted waivers. Furthermore, DOE has determined that it appears likely
that Carrier's petition for waiver will be granted and that is
desirable for public policy reasons to grant Carrier immediate relief
pending a determination on the petition for waiver. DOE believes that
it is likely Carrier's petition for waiver for the new SMMSi multi-
split models will be granted because, as noted above, DOE has
previously granted a number of waivers for similar product designs.\2\
The two principal reasons supporting the grant of the previous waivers
also apply to Carrier's SMMSi 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.
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\2\ DOE notes that it has also previously granted interim
waivers to Fujitsu (70 FR 5980 (Feb. 4, 2005)), Samsung (70 FR 9629
(Feb. 28, 2005)), Mitsubishi (72 FR 17533 (April 9, 2007)), and
Daikin (72 FR 35986 (July 2, 2007)), for comparable commercial
multi-split air conditioners and heat pumps.
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Therefore, it is ordered that:
The application for interim waiver filed by Carrier is hereby
granted for Carrier's SMMSi multi-split heat pumps, subject to the
specifications and conditions below.
1. Carrier shall not be required to test or rate its SMMSi
commercial multi-split products on the basis of the existing test
procedures under 10 CFR 431.96, which incorporates by reference ARI
340/360-2004.
2. Carrier shall be required to test and rate its SMMSi commercial
multi-split products according to the alternate test procedure as set
forth in section IV(3), ``Alternate test procedure.''
The interim waiver applies to the following basic model groups:
Standard model outdoor units:
MMY-MAP0724HT9UL, with a capacity of 72,000 Btu/hr
MMY-MAP0964HT9UL, with a capacity of 96,000 Btu/hr
MMY-MAP1144HT9UL, with a capacity of 114,000 Btu/hr
MMY-AP1444HT9UL, with a capacity of 144,000 Btu/hr
MMY-AP1684HT9UL, with a capacity of 168,000 Btu/hr
MMY-AP1924HT9UL, with a capacity of 192,000 Btu/hr
MMY-AP2284HT9UL, with a capacity of 220,000 Btu/hr
Indoor units, whose capacities range from 7,000 to 48,000 Btu/hr
that are compatible with the outdoor units listed above:
4-way cassette
MMU-AP0182H2UL, MMU-AP0212H2UL, MMU-AP0242H2UL, MMU-AP0302H2UL,
MMU-AP0362H2UL, and MMU-AP0422H2UL
Compact 4-way cassette
MMU-AP0071MH2UL, MMU-AP0091MH2UL, MMU-AP0121MH2UL, MMU-
AP0151MH2UL, and MMU-AP0181MH2UL
Ceiling
MMC-AP0181H2UL, MMC-AP0241H2UL, MMC-AP0361H2UL, and MMC-
AP0421H2UL
High-wall
MMK-AP0073H2UL, MMK-AP0093H2UL, MMK-AP0123H2UL, MMK-AP0153H2UL,
MMK-AP0183H2UL, and MMK-AP0243H2UL
Slim ducted
MMD-AP0071SPH2UL, MMD-AP0091SPH2UL, MMD-AP0121SPH2UL, MMD-
AP0151SPH2UL, and MMD-AP0181SPH2UL
Medium static ducted
MMD-AP0071BH2UL, MMD-AP0091BH2UL, MMD-AP0121BH2UL, MMD-
AP0151BH2UL, MMD-AP0181BH2UL, MMD-AP0211BH2UL, MMD-AP0241BH2UL, MMD-
AP0301BH2UL, MMD-AP0361BH2UL, MMD-AP0421BH2UL, and MMD-AP0481BH2UL
High static ducted
MMD-AP0151H2UL, MMD-AP0181H2UL, MMD-AP0241H2UL, MMD-AP0301H2UL,
MMD-AP0361H2UL, and MMD-AP0481H2UL
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. Carrier may submit a new or amended
petition for waiver and request for grant of interim waiver, as
appropriate, for additional models of commercial package air
conditioners and heat pumps for which it seeks a waiver from the DOE
test procedure. In addition, DOE notes that grant of an interim waiver
or waiver does not release a petitioner from the certification
requirements set forth at 10 CFR Part 431, Subpart T.
IV. Alternate Test Procedure
In responses to two petitions for waiver from Mitsubishi, DOE
specified an alternate test procedure to provide a basis from which
Mitsubishi could test and make valid energy efficiency representations
for its R410A CITY MULTI products, as well as for its R22 multi-split
products. Alternate test procedures related to the Mitsubishi petitions
were published in the Federal Register on April 9, 2007. See 72 FR
17528 and 72 FR 17533. For reasons similar to those published in these
prior notices, DOE believes that an alternate test procedure is
appropriate in this instance.
DOE understands that existing testing facilities have limited
ability to test multiple indoor units simultaneously. This limitation
makes it impractical for manufacturers to test the large number of
possible combinations of indoor and outdoor units for some variable
refrigerant flow zoned systems. We further note that after DOE granted
a waiver for Mitsubishi's R22 multi-split
[[Page 19762]]
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 ANSI/AHRI 1230-2010. The waivers use a
definition of ``tested combination'' that is substantially the same as
the definition in ANSI/AHRI 1230-2010. As a result, DOE is considering
prescribing ANSI/AHRI 1230-2010 in the subsequent decision and order as
the alternate test procedure for this Carrier waiver. For the interim
waiver, however, DOE will continue to require the use of the alternate
test procedure prescribed in the past multi-split waivers.
Therefore, as a condition for granting this interim waiver to
Carrier, DOE is including an alternate test procedure similar to those
granted to Mitsubishi for its R22 and R410A products. This alternate
test procedure will allow Carrier to test and make energy efficiency
representations for its SMMSi 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 Carrier to designate a ``tested combination''
for each model of outdoor unit. The indoor units designated as part of
the tested combination must meet specific requirements. For example,
the tested combination must have from two to eight indoor units so that
it can be tested in available test facilities. (The ``tested
combination'' was originally defined to consist of one outdoor unit
matched with between 2 and 5 indoor units. The maximum number of indoor
units in a tested combination is increased in this instance from 5 to 8
to account for the fact that these larger-capacity products can
accommodate a greater number of indoor units.) The tested combination
must be tested according to the applicable DOE test procedure, as
modified by the provisions of the alternate test procedure as set forth
below. The alternate test procedure also allows manufacturers of such
products to make valid and consistent representations of energy
efficiency for their air-conditioning and heat pump products.
DOE is including the following waiver language in the interim
waiver for Carrier's SMMSi commercial multi-split water-source heat
pump models:
(1) The petition for waiver filed by Carrier Corporation is hereby
granted as set forth in the paragraphs below.
(2) Carrier shall not be required to use existing test procedures
to test or rate its SMMSi variable capacity multi-split heat pump
products listed above, 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) Carrier shall be required to test the products listed in above
according to the test procedures for central air conditioners and heat
pumps prescribed by DOE at 10 CFR 431.96, except that Carrier 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, Carrier shall
make representations concerning the SMMSi products covered in this
waiver according to the provisions of subparagraph (C) below.
(B) Tested combination. The term tested combination means a sample
basic model comprised of units that are production units, or are
representative of production units, of the basic model being tested.
For the purposes of this waiver, the tested combination shall have the
following features:
(1) The basic model of a variable refrigerant flow system used as a
tested combination shall consist of one outdoor unit, with one or more
compressors, that is matched with between two and five indoor units.
(For systems with nominal cooling capacities greater than 150,000 Btu/
h, as many as eight indoor units may be used, to enable testing of non-
ducted indoor unit combinations). For multi-split systems, each of
these indoor units shall be designed for individual operation.
(2) The indoor units shall--
(i) Represent the highest sales model family or another indoor
model family if the highest sales model family does not provide
sufficient capacity (see ii);
(ii) Together, have a nominal cooling capacity that is between 95%
and 105% of the nominal cooling capacity of the outdoor unit;
(iii) Not, individually, have a nominal cooling capacity that is
greater than 50% of the nominal cooling capacity of the outdoor unit;
(iv) Operate at fan speeds that are consistent with the
manufacturer's specifications; and
(v) Be subject to the same minimum external static pressure
requirement while being configurable to produce the same static
pressure at the exit of each outlet plenum when manifolded as per Sec.
2.4.1 of 10 CFR part 430, subpart B, appendix M.
(C) Representations. In making representations about the energy
efficiency of its SMMSi variable capacity multi-split heat pump
products for compliance, marketing, or other purposes, Carrier must
fairly disclose the results of testing under the DOE test procedurein a
manner consistent with the provisions outlined below:
(1) For SMMSi combinations tested in accordance with this alternate
test procedure, Carrier may make representations based on these test
results.
(2) For SMMSi combinations that are not tested, Carrier 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.
V. Summary and Request for Comments
Through today's notice, DOE announces receipt of the Carrier
petition for waiver from the test procedures applicable to Carrier's
SMMSi commercial multi-split heat pump products. For the reasons
articulated above, DOE also grants Carrier an interim waiver from those
procedures. As part of this notice, DOE is publishing Carrier's
petition for waiver in its entirety. The petition contains no
confidential information. Furthermore, today's notice includes an
alternate test procedure that Carrier is required to follow as a
condition of its interim waiver. In this alternate test procedure, DOE
is defining a tested combination that Carrier could use in lieu of
testing all retail combinations of its SMMSi multi-split heat pump
products.
DOE is interested in receiving comments on the issues addressed in
this notice. Pursuant to 10 CFR
[[Page 19763]]
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: Dr. John Galbraith, VP
of RCS Engineering, Carrier Corporation, 7310 West Morris Street,
Indianapolis, IN 46231. 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 16, 2011.
Ms. Catherine Zoi, Assistant Secretary for Energy Efficiency and
Renewable Energy, U.S. Department of Energy, 1000 Independence Avenue,
SW., Washington, DC 20585-0121.
Re: Petition for Waiver and Application for Interim Waiver From
Department of Energy Commercial Package Air Conditioner and Heat Pump
Test Procedures
Dear Assistant Secretary Zoi:
Pursuant to 10 CFR 431.401(a), Carrier Corporation (``Carrier'')
respectfully petitions the Department of Energy (``DOE'') for a waiver
of the test procedure set forth at 10 CFR 431.96, i.e., ARI Standard
340/360-2004,
\1\ applicable to its Super Modular Multi-system (``SMMSi'')
commercial Variable Refrigerant Flow (``VRF'') multi-split systems.
Carrier requests this waiver for the SMMSi systems because the basic
design of VRF multi-split systems prevents testing or rating according
to DOE's prescribed test procedures. Carrier also hereby requests an
interim waiver for the same products pursuant to 10 CFR 431.401(a)(2).
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\1\ As of the date of this petition and application, the current
version of 10 CFR 431.96 (2010) incorporates by reference ARI
Standard 340/360-2004. In the event that DOE incorporates by
reference a more recent iteration of ARI Standard 340/360 in 2011
version of 10 CFR 431.96, Carrier hereby requests a waiver from
those test procedures as well.
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Background
Carrier is a wholly-owned subsidiary of United Technologies
Corporation. Carrier provides heating, ventilation, air-conditioning
and refrigeration (HVACR) systems, controls, services, and sustainable
building solutions for residential, commercial, industrial, food
service, and transportation applications. Carrier would like to
initiate the marketing and sale of the SMMSi systems as early as March
2011. Carrier will import the systems from two of its joint ventures:
Toshiba Carrier Corporation (Japan) and Toshiba Carrier Thailand Co.
Ltd.
Carrier's SMMSi VRF multi-split products contain design
characteristics that prevent testing of the system using the procedures
incorporated by reference at 10 CFR 431.96, ARI Standard 340/360-2004.
This standard does not provide a feasible method of testing and rating
a system that: (i) Utilizes multiple indoor and outdoor units; and (ii)
allows for the mixing of different types and capacities of indoor units
within the same system. Carrier's products that are the subject of this
petition and application involve 7 unique outdoor models \2\ and 43
unique indoor models. A single outdoor model can be connected to up to
38 indoor units. Moreover, the various indoor and outdoor models can be
connected in a multitude of configurations. Simply put, there are many
thousands of possible combinations.
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\2\ The 7 outdoor models include 6-ton, 8-ton, and 9.5-ton
units, as well as combinations of these units that result in 12-ton,
14-ton, 16-ton, and 19-ton units. The model numbers and capacities
for these 7 units are provided in Section II.
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A waiver and interim waiver for Carrier's SMMSi systems are
warranted for reasons cited previously in other applications for waiver
for similar commercial multi-split air conditioning systems. The two
key reasons are, first, that testing laboratories are unable to test
products with so many indoor units (up to 38) connected to an outdoor
system. Second, there are too many possible combinations of indoor and
outdoor units to be feasibly tested. In addition, DOE has granted
waivers to numerous other comparable commercial, multi-split VRF
systems, including Mitsubishi Electric & Electronics USA, 72 FR 17528
(Apr. 9, 2007); Samsung, 72 FR 71387 (Dec. 17, 2007); Fujitsu, 72 FR
71383 (Dec. 17, 2007); SANYO North America Corp., 75 FR 41845 (July 19,
2010); LG Electronics U.S.A., Inc., 74 FR 66330 (Dec. 15, 2009); and
Daikin AC (Americas), 74 FR 16373 (Apr. 10, 2009).
Basic Models for Which a Waiver Is Requested
Carrier seeks a waiver from the test procedures in 10 CFR 431.96
for the following basic models:
Standard model outdoor units:
MMY-MAP0724HT9UL, with a capacity of 72,000 Btu/hr
MMY-MAP0964HT9UL, with a capacity of 96,000 Btu/hr
MMY-MAP1144HT9UL, with a capacity of 114,000 Btu/hr
MMY-AP1444HT9UL, with a capacity of 144,000 Btu/hr
MMY-AP1684HT9UL, with a capacity of 168,000 Btu/hr
MMY-AP1924HT9UL, with a capacity of 192,000 Btu/hr
MMY-AP2284HT9UL, with a capacity of 220,000 Btu/hr
All outdoor units identified above are compatible for use with the
below listed indoor units, whose capacities range from 7,000 to 48,000
Btu/hr:
4-way cassette
MMU-AP0182H2UL, MMU-AP0212H2UL, MMU-AP0242H2UL, MMU-AP0302H2UL,
MMU-AP0362H2UL, and MMU-AP0422H2UL
Compact 4-way cassette
MMU-AP0071MH2UL, MMU-AP0091MH2UL, MMU-AP0121MH2UL, MMU-
AP0151MH2UL, and MMU-AP0181MH2UL
Ceiling
MMC-AP0181H2UL, MMC-AP0241H2UL, MMC-AP0361H2UL, and MMC-
AP0421H2UL
High-wall
MMK-AP0073H2UL, MMK-AP0093H2UL, MMK-AP0123H2UL, MMK-AP0153H2UL,
MMK-AP0183H2UL, and MMK-AP0243H2UL
Slim ducted
MMD-AP0071SPH2UL, MMD-AP0091SPH2UL, MMD-AP0121SPH2UL, MMD-
AP0151SPH2UL, and MMD-AP0181SPH2UL
Medium static ducted
MMD-AP0071BH2UL, MMD-AP0091BH2UL, MMD-AP0121BH2UL, MMD-
AP0151BH2UL, MMD-AP0181BH2UL, MMD-AP0211BH2UL, MMD-AP0241BH2UL, MMD-
AP0301BH2UL, MMD-AP0361BH2UL, MMD-AP0421BH2UL, and MMD-AP0481BH2UL
High static ducted
[[Page 19764]]
MMD-AP0151H2UL, MMD-AP0181H2UL, MMD-AP0241H2UL, MMD-AP0301H2UL,
MMD-AP0361H2UL, and MMD-AP0481H2UL
SMMSi System Characteristics Constituting the Grounds for Carrier's
Petition
Carrier's SMMSi VRF multi-split products allow for the connection
of multiple indoor units to an outdoor system comprised of one or two
outdoor units. These units contain highly efficient twin-rotary
compressors and advanced vector-controlled inverters to allow for
greater operating performance when operating under a constant load.
This improves both energy efficiency and comfort levels. In addition,
the products' infinite variable control adjusts compressor rotation
speed in 0.1 Hz steps, which further helps to minimize energy loss when
changing frequencies and also creates a comfortable environment subject
to minimal temperature variations.
Carrier's newly developed VRF control ensures the right amount of
cooling or heating to satisfy the unique demands of each room,
regardless of the type of indoor unit used or the length of the pipes.
Moreover, system layouts can use a maximum equivalent distance of up to
985 feet, and Carrier's products can support height differences of up
to 130 feet between indoor units within a single system.
VRF multi-split technology will help the United States reduce the
amount of energy required to heat and cool buildings. Carrier looks
forward to introducing its SMMSi products to improve the control and
comfort of end users and to help decrease the nation's overall energy
usage.
As indicated above, DOE has previously granted waivers and interim
waivers to other manufacturers of similar VRF multi-split equipment
that share the same basic system characteristics as that of Carrier's
SMMSi products. See, e.g., 75 FR 41845 (July 19, 2010) (order granting
Sanyo's petition for waiver); 74 FR 66330 (Dec. 15, 2009) (order
granting LG's petition for waiver); 74 FR 16373 (Apr. 10, 2009) (order
granting Daikin's petition for waiver); 72 FR 71387 (Dec. 17, 2007)
(order granting Samsung's petition for waiver); 72 FR 71383 (Dec. 17,
2007) (order granting Fujitsu's petition for waiver); 72 FR 17528 (Apr.
9, 2007) (order granting Mitsubishi's petition for waiver); see also 75
FR 13114) (Mar. 18, 2010) (granting Sanyo's application for interim
waiver); 74 FR 66324 (Dec. 15, 2009) (granting Daikin's application for
interim waiver); 74 FR 20688 (May 5, 2009) (granting LG's application
for interim waiver); 71 FR 14858 (Mar. 24, 2006) (granting Mitsubishi's
application for interim waiver).
Specific Testing Requirements Sought To Be Waived
Carrier's petition seeks a waiver from the applicable test
procedures set forth at 10 CFR 431.96. Specifically, Carrier petitions
for waiver from the test conditions and procedures of ARI Standard 340/
360-2004 for its SMMSi products with nominal capacity greater than or
equal to 65,000 BTU/hr, but less than 760,000 BTU/hr.
Identity of Manufacturers of Similar Basic Models
To the best of Carrier's knowledge, the following manufacturers
currently market similar VRF products within the United States:
Daikin AC (Americas), Inc.
Fujitsu General America, Inc.
LG Electronics U.S.A., Inc.
Mitsubishi Electric & Electronics USA, Inc.
SANYO North America Corp.
Alternate Testing Procedures
Carrier requests that DOE approve as an alternate test procedure
the procedures outlined in the current AHRI Standard 1230, Performance
Rating of Variable Refrigerant Flow (VRF) Multi-Split Air-Conditioning
and Heat Pump Equipment Standard. These procedures are substantially
similar to those that DOE has applied in the VRF waivers granted to
date, with changes intended to make the efficiency ratings based on the
standard more comparable to other types of equipment that could be used
in place of VRF systems. This requested alternate testing procedure is
appropriate for several reasons. First, AHRI plans to launch a VRF
certification program based on AHRI Standard 1230. Second, ASHRAE has
specified AHRI Standard 1230 as the test standard for VRF systems in
ASHRAE Standard 90.1-2010, which establishes efficiency requirements
for VRF systems. Notably, in a previous waiver proceeding (75 FR
25,224, 25,226 (May 7, 2010)) Carrier commented that DOE should require
similar products to be tested per AHRI 1230. DOE responded that AHRI
1230 had not yet been adopted by ASHRAE. This is no longer the case.
Adopting Standard 1230 as an alternate test procedure would
eliminate the need for Carrier to test the SMMSi system using two
different testing protocols. If DOE applies something other than
Standard 1230, Carrier would have to test its systems using: (i) AHRI
Standard 1230 to receive AHRI certification and to show compliance with
the efficiency levels in ASHRAE 90.1; and (ii) whatever alternate test
procedure that DOE requires as a condition of granting this waiver
request. Third, given the requirements for varying interconnecting tube
lengths with system capacity, the latest edition of Standard 1230
provides a more accurate comparison of the energy efficiency ratings of
VRF products and non-VRF alternative systems than do the alternate
procedures that DOE has previously applied in other waiver approvals.
Application for Interim Waiver
Pursuant to 10 CFR 431.401(a)(2), Carrier also submits an
Application for Interim Wavier of 10 CFR 431.96 and ARI Standard 340/
360-2004 for the SMMSi VRF multi-split models listed in Section II
above. Carrier's application should be granted for the following
reasons.
First, Carrier is likely to succeed on its Petition for Wavier
because there is no reasonable argument that ARI Standard 340/360-2004
can be applied to its SMMSi product class. Existing testing facilities
are not designed to test multi-split VRF systems with so many indoor
and outdoor units and possible combinations. Indeed, as explained
above, DOE has granted similar petitions for waiver and applications
for interim waiver from several companies based on the same rationale
offered by Carrier in this Petition and Application. Those prior
approvals confirm that the test procedures incorporated by reference
into 10 CFR 431.96 do not adequately define uniform testing and rating
methods for VRF multi-split products.
Second, Carrier is likely to suffer economic hardship and a
competitive disadvantage if DOE does not grant its application for
interim waiver. Other manufacturers of similar products have already
received waivers and are able to market and distribute their VRF multi-
split products. Without an interim waiver, Carrier will be unable to
introduce its SMMSi product line in the United States in March 2011 as
currently planned. A significant portion of Carrier's projected
revenues depends on the timely introduction of this product line into
the United States market. In the event that Carrier must await
completion of DOE's waiver process, its revenues and market share will
be negatively affected.
Finally, Carrier's application for interim waiver is supported by
sound public policy reasons, as DOE recently recognized in granting a
similar application: ``[I]n those instances where
[[Page 19765]]
the likely success of the Petition for Waiver has been demonstrated,
based upon DOE having granted a waiver for similar products design, it
is in the public interest to have similar products tested and rated for
energy consumption on a comparable basis.'' 73 FR at 1215. Moreover,
Carrier's SMMSi products will increase system efficiency, reduce
national energy usage, and benefit end users in the United States.
Confidential Information
Carrier makes no request to DOE regarding the confidential
treatment of any information contained in this Petition for Waiver and
Application for Interim Waiver.
Conclusion
Carrier respectfully requests that DOE grant a waiver and interim
waiver from existing test procedures applicable to Carrier's SMMSi VRF
multi-split systems and to apply the alternate testing procedures
described above until such time as a representative test procedure is
developed and adopted for such products. Otherwise, Carrier will not be
able to compete effectively in the United States VRF market.
Given that Carrier would like to introduce its SMMSi product line
in March 2011 and that DOE's regulations contemplate a decision on
Carrier's Application for Interim Waiver within 15 business days, 10
CFR 431.401(e), Carrier would greatly appreciate a timely response to
this letter request. To that end, we would be happy promptly to answer
any questions that you might have and to provide you with any needed
additional information.
Carrier certifies that all manufacturers listed above in Section V
of this request have been notified by letter of this petition and
application.
Sincerely,
Carrier Corporation,
Dr. John Galbraith,
VP for RCS Engineering.
[FR Doc. 2011-8401 Filed 4-7-11; 8:45 am]
BILLING CODE 6450-01-P