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[Federal Register Volume 77, Number 43 (Monday, March 5, 2012)]
[Notices]
[Pages 13107-13109]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-5228]

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DEPARTMENT OF ENERGY

Office of Energy Efficiency and Renewable Energy

[Case No. CAC-039]

Notice of Petition for Waiver of Fujitsu General Limited From the 
Department of Energy Commercial Package Air Conditioner and Heat Pump 
Test Procedure, and Grant of Interim Waiver

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

ACTION: Notice of petition for waiver, notice of grant of interim 
waiver, and request for comments.

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SUMMARY: This notice announces receipt of and publishes the Fujitsu 
General Limited (FUJITSU) petition for waiver and application for 
interim waiver (hereafter, ``petition'') from the U.S. Department of 
Energy (DOE) test procedure for determining the energy consumption of 
commercial package air-source central air conditioners and heat pumps. 
Today's notice also grants an interim waiver of the commercial package 
air-source central air conditioners and heat pumps test procedure. 
Through this notice, DOE also solicits comments with respect to the 
FUJITSU petition.

DATES: DOE will accept comments, data, and information with respect to 
the FUJITSU petition until April 4, 2012.

ADDRESSES: You may submit comments, identified by case number CAC-039, 
by any of the following methods:
     Federal eRulemaking Portal: www.regulations.gov. Follow 
the instructions for submitting comments.
     Email: AS_Waiver_Requests@ee.doe.gov. Include ``Case No. 
CAC-039'' 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., 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.

FOR FURTHER INFORMATION CONTACT: Mr. Bryan Berringer, U.S. Department 
of Energy, Building Technologies Program, Mail Stop EE-2J, Forrestal 
Building, 1000 Independence Avenue SW., Washington, DC 20585-0121. 
Telephone: (202) 586-0371. Email: AS_Waiver_Requests@ee.doe.gov.
    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. 
Email: mailto:Elizabeth.Kohl@hq.doe.gov.

SUPPLEMENTARY INFORMATION: 

I. Background and Authority

    Title III, Part B of the Energy Policy and Conservation Act of 1975 
(EPCA), Public Law 94-163 (42 U.S.C. 6291-6309, as codified), 
established the Energy Conservation Program for Consumer Products Other 
Than Automobiles, a program covering most major household appliances. 
Part B includes definitions, test procedures, labeling provisions, 
energy conservation standards, and the authority to require information 
and reports from manufacturers. Further, Part B authorizes the 
Secretary of Energy to prescribe test procedures that are reasonably 
designed to produce results which measure energy efficiency, energy 
use, or estimated operating costs, and that are not unduly burdensome 
to conduct. (42 U.S.C. 6293(b)(3)). Part C of Title III provides for a 
similar energy efficiency program titled ``Certain Industrial 
Equipment,'' which includes commercial package central air conditioners 
and heat pumps 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, 
Parts B and C were re-designated as Parts A and A-1, respectively.
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    For commercial package air-conditioning and heating equipment, EPCA 
provides that ``the test procedures shall be those generally accepted 
industry testing procedures or rating procedures developed or 
recognized by the Air-Conditioning and Refrigeration Institute [ARI] or 
by the American Society of Heating, Refrigerating and Air-Conditioning 
Engineers [ASHRAE], as referenced in ASHRAE/IES Standard 90.1 and in 
effect on June 30, 1992.'' (42 U.S.C. 6314(a)(4)(A)) Under 42 U.S.C. 
6314(a)(4)(B), if the industry test procedure for commercial package 
air-conditioning and heating equipment is amended, EPCA directs the 
Secretary to amend the corresponding DOE test procedure 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. 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.
    The regulations set forth in 10 CFR 431.401 contain provisions that 
enable a person to seek a waiver from the test procedure requirements 
for covered products. The Assistant Secretary for Energy Efficiency and 
Renewable Energy (the Assistant Secretary) will grant a waiver if it is 
determined that the basic model for which the petition for waiver was 
submitted contains one or more design characteristics that prevents 
testing of the basic model according to the prescribed test procedures, 
or if the prescribed test procedures may evaluate the basic model in a 
manner so unrepresentative of its true energy consumption 
characteristics as to provide materially inaccurate comparative data. 
10 CFR 431.401(f)(4). Petitioners must include in their petition any 
alternate test procedures known to the petitioner to evaluate the basic 
model in a manner

[[Page 13108]]

representative of its energy consumption. 10 CFR 430.401(b)(1)(iii). 
The Assistant Secretary may grant the 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 
430.401(g).
    The waiver process also allows the Assistant Secretary to grant an 
interim waiver from test procedure requirements to manufacturers that 
have petitioned DOE for a waiver of such prescribed test procedures. 10 
CFR 430.401(e)(3). An interim waiver remains in effect for 180 days or 
until DOE issues its determination on the petition for waiver, 
whichever is sooner. DOE may extend an interim waiver for an additional 
180 days. 10 CFR 430.401(e)(4).

II. Application for Interim Waiver and Petition for Waiver

    On December 16, 2011, FUJITSU submitted a petition for waiver from 
the DOE test procedure applicable to commercial package air-source and 
water-source central air conditioners and heat pumps set forth in 10 
CFR 431.96. FUJITSU requested the waiver for the FUJITSU AIRSTAGE V-II 
multi-split heat pump with a capacity of 264,000 Btu/h, and specified 
compatible indoor units. The applicable test procedure for these heat 
pumps is ARI 340/360-2004. Manufacturers are directed to use these test 
procedures pursuant to Table 1 of 10 CFR 431.96.
    FUJITSU seeks a waiver from the applicable test procedures under 10 
CFR 431.96 on the grounds that its AIRSTAGE V-II multi-split heat pumps 
contain design characteristics that prevent testing according to the 
current DOE test procedures. Specifically, FUJITSU asserts that the two 
primary factors that prevent testing of its AIRSTAGE V-II multi-split 
variable speed products are the same factors stated in the waivers that 
DOE granted to Mitsubishi Electric & Electronics America USA, Inc. 
(Mitsubishi) and other manufacturers for similar lines of commercial 
multi-split air-conditioning systems:
     Testing laboratories cannot test products with so many 
indoor units; and
     There are too many possible combinations of indoor and 
outdoor units to test. See, e.g., 72 FR 17528 (April 9, 2007) 
(Mitsubishi); 76 FR 19069 (April 6, 2011) (Daikin); 76 FR 19078 (April 
6, 2011) (Mitsubishi); 76 FR 31951 (June 2, 2011) (Carrier); 76 FR 
50204 (August 12, 2011) (Fujitsu General Limited); 76 FR 65710 (October 
24, 2011) (Mitsubishi).
    The AIRSTAGE V-II systems have operational characteristics similar 
to the commercial multi-split products manufactured by other 
manufacturers. As indicated above, DOE has already granted waivers for 
these products. The AIRSTAGE V-II system consists of multiple indoor 
units connected to an air-cooled outdoor unit. These multi-splits are 
used in zoned systems where an outdoor or water-source unit can be 
connected with up to 45 separate indoor units, which need not be the 
same models. According to FUJITSU, the various indoor and outdoor 
models can be connected in a multitude of configurations, with many 
thousands of possible combinations. Consequently, FUJITSU requested 
that DOE grant a waiver from the applicable test procedures for its 
AIRSTAGE V-II product designs until a suitable test method can be 
prescribed.
    On December 16, 2011, FUJITSU also submitted an application for an 
interim waiver from the test procedures at 10 CFR 431.96 for its 
AIRSTAGE V-II equipment. An interim waiver may 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 of the petition for 
waiver. (10 CFR 430.401(e)(3)).
    DOE has determined that FUJITSU'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 FUJITSU might experience absent a favorable 
determination on its application for an interim waiver. DOE has 
determined, however, that it is likely FUJITSU's petition will be 
granted, and that it is desirable for public policy reasons to grant 
FUJITSU relief pending a determination on the petition. DOE believes 
that it is likely FUJITSU's petition will be granted because, as noted 
above, 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 FUJITSU's AIRSTAGE V-II 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. DOE also believes that the energy efficiency of 
similar products should be tested and rated in the same manner. As a 
result, DOE grants an interim waiver to FUJITSU for the specified 
models of its AIRSTAGE V-II products. DOE also provides for the use of 
an alternative test procedure, ANSI/AHRI-1230-2010 with Addendum 1. 
Therefore, it is ordered that:
    The application for interim waiver filed by FUJITSU is hereby 
granted for FUJITSU's AIRSTAGE V-II multi-split heat pumps, subject to 
the specifications and conditions below. FUJITSU shall be required to 
test and rate the specified AIRSTAGE V-II commercial multi-split 
products according to the alternate test procedure as set forth in 
section IV, ``Alternate test procedure.''
    The interim waiver applies to the following basic model groups:

Add-on system models                   (Module models)
AOUA264RLBVG                           (AOUA72RLBV
                                       + AOUA96RLBV
                                       + AOUA96RLBV)
 

    With nominal cooling capacity of 264,000 Btu/h.
    Compatible indoor units for the above listed outdoor units:

Compact cassette:
    AUUA7RLAV, AUUA9RLAV, AUUA12RLAV, AUUA14RLAV, AUUA18RLAV and 
AUUA24RLAV with nominal cooling capacities of 7,500, 9,500, 12,000, 
14,000, 18,000 and 24,000 Btu/hr respectively.
Cassette:
    AUUB30RLAV and AUUB36RLAV with nominal cooling capacities of 
30,000 and 36,000 Btu/hr respectively.
Slim cassette:
    AUUB18RLAV and AUUB24RLAV with nominal cooling capacities of 
18,000 and 24,000 Btu/hr respectively.
Compact wall mounted:
    ASUA7RLAV, ASUE7RLAV, ASUA9RLAV, ASUE9RLAV, ASUA12RLAV, 
ASUE12RLAV, ASUA14RLAV and ASUE14RLAV with nominal cooling 
capacities of 7,500, 7,500, 9,500, 9,500, 12,000, 12,000, 14,000 and 
14,000 Btu/hr respectively.
Wall mounted:
    ASUB18RLAV and ASUB24RLAV with nominal cooling capacities of 
18,000 and 24,000 Btu/hr respectively.
Floor/Ceiling (Universal):
    ABUA12RLAV, ABUA14RLAV, ABUA18RLAV and ABUA24RLAV with nominal 
cooling capacities of 12,000, 14,000, 18,000, and 24,000 Btu/hr 
respectively.
Ceiling:
    ABUA30RLAV and ABUA36RLAV with nominal cooling capacities of 
30,000 and 36,000 Btu/hr respectively.
Slim duct:
    ARUL7RLAV, ARUL9RLAV, ARUL12RLAV, ARUL14RLAV and ARUL18RLAV with 
nominal cooling capacities of 7,500, 9,500, 12,000, 14,000 and 
18,000 Btu/hr respectively.
Middle static pressure duct:
    ARUM24RLAV, ARUM30RLAV, ARUM36RLAV, ARUM48RLAV and ARUM54RLAV 
with nominal cooling

[[Page 13109]]

capacities of 24,000, 30,000, 36,000, 48,000 and 54,000 Btu/hr 
respectively.
High static pressure duct:
    ARUH36RLAV, ARUH48RLAV, ARUH54RLAV, ARUH60RLAV, ARUH72RLAV, 
ARUH90RLAV and ARUH96RLAV with nominal cooling capacities of 36,000, 
48,000, 60,000, 72,000, 90,000 and 96,000 Btu/hr respectively.

    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. FUJITSU may submit a 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 
429.

III. 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 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 that 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 is referenced in ASHRAE 
90.1-2010. ANSI/AHRI 1230-2010 with Addendum 1 (dated February 2011) 
allows the use of up to 12 indoor units (instead of 5 indoor units 
previously) in the configuration of a basic model. ANSI/AHRI 1230-2010 
is consistent with the alternate test procedure established in the 
commercial multi-split waivers that DOE has granted to Mitsubishi and 
several other manufacturers. ANSI/AHRI 1230-2010 uses a definition of 
``tested combination'' that is substantially the same as the definition 
in the alternate test procedure in those waivers. DOE prescribed ANSI/
AHRI 1230-2010 in decision and orders granted to Carrier Corporation 
(76 FR 31951, June 2, 2011), Fujitsu General Limited (76 FR 50204, 
August 12, 2011), and Mitsubishi (76 FR 65710, October 24, 2011).
    Therefore, as a condition for granting this interim waiver to 
FUJITSU, DOE requires the use of ANSI/AHRI-1230-2010 with Addendum 1 as 
the alternate test procedure. This alternate test procedure will allow 
FUJITSU to test and make energy efficiency representations for its 
AIRSTAGE V-II products. As stated above, DOE has applied this alternate 
test procedure to other waivers for similar residential and commercial 
central air conditioners and heat pumps manufactured by other 
manufacturers.

IV. Summary and Request for Comments

    Through today's notice, DOE announces receipt of FUJITSU's petition 
for waiver from the test procedures that apply to commercial multi-
split heat pump products and grants an interim waiver to FUJITSU. For 
the reasons articulated above, DOE also grants FUJITSU an interim 
waiver from those procedures. DOE is publishing FUJITSU's petition for 
waiver in its entirety pursuant to 10 CFR 430.401(b)(1)(iv). The 
petition contains no confidential information. Furthermore, today's 
notice includes an alternate test procedure that FUJITSU is required to 
follow as a condition of its interim waiver.
    DOE solicits comments from interested parties on all aspects of the 
petition. Pursuant to 10 CFR 431.401(d), any person submitting written 
comments must also send a copy of such comments to the petitioner. The 
contact information for the petitioner is: Masami Kato, Manager, 
Engineering Attestation Administration Department, Air Conditioner 
Administration Division, FUJITSU General Limited, 1116 Suenaga, 
Takatsu-ku, Kawasaki 213-8502, Japan. 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 February 28, 2012.
Kathleen B. Hogan,
Deputy Assistant Secretary for Energy Efficiency, Energy Efficiency and 
Renewable Energy.
[FR Doc. 2012-5228 Filed 3-2-12; 8:45 am]
BILLING CODE 6450-01-P
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