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[Federal Register Volume 76, Number 205 (Monday, October 24, 2011)]
[Notices]
[Pages 65710-65713]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-27431]

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DEPARTMENT OF ENERGY

Office of Energy Efficiency and Renewable Energy

[Case No. CAC-037]

Decision and Order Amending Waivers Granted to Mitsubishi 
Electric & Electronics USA, Inc. 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: Decision and Order.

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SUMMARY: This notice publishes the U.S. Department of Energy's (DOE) 
Decision and Order in Case No. CAC-037, which amends the current 
waivers applicable to Mitsubishi's S&L Class and WR2 and WY Series 
products to require the use of Air-conditioning, Heating and 
Refrigeration Institute 1230 (AHRI) as the alternative test procedure.

DATES: This Decision and Order is effective October 24, 2011.

FOR FURTHER INFORMATION CONTACT: Dr. Michael G. Raymond, U.S. 
Department of Energy, Building Technologies Program, Mailstop EE-2J, 
1000 Independence Avenue, SW., Washington, DC 20585-0121. Telephone: 
(202) 586-9611. E-mail: Michael.Raymond@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. E-
mail: mailto:Elizabeth.Kohl@hq.doe.gov.

[[Page 65711]]

SUPPLEMENTARY INFORMATION: DOE issues notice of this Decision and Order 
in accordance with Title 10 of the Code of Federal Regulations (10 CFR) 
431.401(f)(4). In this Decision and Order, DOE amends the current 
waivers applicable to Mitsubishi's S&L Class and WR2 and WY Series 
products to require the use of AHRI 1230 as the alternative test 
procedure. Amendment is appropriate in this specific circumstance 
because DOE has recently issued waivers to other manufacturers using 
AHRI 1230 as the alternate test procedure for the same types of 
equipment, and AHRI 1230 is very similar to the alternate test 
procedure previously prescribed to Mitsubishi, but will provide a more 
conservative estimate of the energy consumed by this equipment. The 
waiver requires Mitsubishi use AHRI 1230 to test and rate specified 
models from its CITY MULTI WR2 and WY Series and CITY MULTI S&L Class 
multi-split equipment line.
    Today's decision requires Mitsubishi to make representations 
concerning the energy efficiency of this equipment consistent with the 
provisions and restrictions of the alternate test procedure in the 
Decision and Order below, and the representations must fairly disclose 
the test results. (42 U.S.C. 6314(d)) The same standard applies to 
distributors, retailers, and private labelers when making 
representations of the energy efficiency of this equipment. Id.

    Issued in Washington, DC, on October 18, 2011.
Kathleen B. Hogan,
Deputy Assistant Secretary for Energy Efficiency, Energy Efficiency and 
Renewable Energy.

Decision and Order

    In the Matter of: Mitsubishi Electric & Electronics USA, Inc. 
(Mitsubishi) (Case No. CAC-037).

Background

    Title III, Part C of the Energy Policy and Conservation Act of 1975 
(EPCA), Pub. L. 94-163 (42 U.S.C. 6311-6317), established the Energy 
Conservation Program for certain industrial equipment, which includes 
commercial air conditioning equipment, the focus of this decision and 
order.\1\
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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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    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), 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 this equipment. For small commercial packaged water-
source heat pumps with capacities less than 135,000 Btu/h, ISO Standard 
13256-1 (1998) is the applicable test procedure. 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.
    DOE's regulations for covered products and equipment 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 according to the provisions of 
10 CFR 431.401(g).
    On December 15, 2009, DOE granted Mitsubishi waivers from the DOE 
commercial air conditioner and heat pump test procedures for 
Mitsubishi's CITY MULTI WR2 and WY Series equipment and its CITY MULTI 
S&L Class equipment. 74 FR 66311; 74 FR 66315. On July 11, 2011, DOE 
granted Mitsubishi a waiver for additional indoor units. 76 FR 40714. 
On August 11, 2011, Mitsubishi requested that DOE amend its orders 
granting test procedure waivers for these products to allow Mitsubishi 
to test and rate its WR2 and WY Series products, and those S&L Class 
systems that have capacities less than or equal to 300,000 Btu/h, 
according to the American National Standards Institute (ANSI)/Air-
conditioning, Heating and Refrigeration Institute (AHRI) Standard 1230-
2010: Performance Rating of Variable Refrigerant Flow (VRF) Multi-Split 
Air-Conditioning and Heat Pump Equipment (AHRI 1230). Mitsubishi also 
requested that DOE amend the definition of ``tested combination'' in 
the current alternate test procedure to allow for the use of up to 12 
indoor units in the configuration of a basic model. The alternate test 
procedure Mitsubishi is currently permitted to use specifies a maximum 
of eight indoor units for testing.

Assertions and Determinations

Mitsubishi's Petition for Waiver Amendment

    Mitsubishi's S&L Class and WR2 and WY Series products are part of 
Mitsubishi's CITY MULTI Variable Refrigerant Flow (VRF) line of multi-
split central air conditioners and heat pumps. As explained in 
Mitsubishi's waivers 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. Specifically, they contain one 
or more design characteristic that prevents testing according to the 
test procedures.

[[Page 65712]]

According to DOE's grant of the December 2009 and July 2011 waivers, 
Mitsubishi is not required to test or rate the products listed in the 
waivers based on the current DOE test procedure. Instead, Mitsubishi is 
required to test and rate these products according to the alternate 
test procedure set forth in the waivers.
    The alternate test procedure prescribed in the December 2009 and 
July 2011 waivers was first prescribed in 2007, in response to two 
other petitions for waiver from Mitsubishi. DOE specified alternate 
test procedures for representing the energy efficiency of Mitsubishi's 
R410A and R22 CITY MULTI multi-split products. The alternate test 
procedure was published on April 9, 2007. 72 FR 17528, 72 FR 17533. 
Since then, DOE has prescribed the same alternate test procedure for 
other manufacturers of multi-split products.
    After DOE granted a waiver to Mitsubishi's CITY MULTI products, the 
Air-Conditioning and Refrigeration Institute (ARI) (now AHRI) formed a 
committee to develop a general testing protocol for VRF systems. The 
committee developed AHRI 1230, which has been incorporated into ASHRAE 
90.1-2010. AHRI 1230 establishes a test procedure for VRF multi-split 
air conditioners and heat pumps. The test procedure covers matched VRF 
systems with cooling and heating capacities for outdoor units between 
12,000 Btu/h and 300,000 Btu/h. DOE is assessing AHRI 1230 with respect 
to the requirements EPCA specifies for test procedures, and will make a 
preliminary determination regarding AHRI 1230 in a future rulemaking.
    AHRI 1230 is very similar to the alternate test procedure in the 
commercial multi-split waivers that DOE previously granted to 
Mitsubishi and other manufacturers, but contains minor differences in 
the definition of tested combination, the testing of ducted versus non-
ducted indoor units, and the line lengths. These differences are 
discussed below.
    First, the definition of ``tested combination'' in AHRI 1230 and 
the alternate test procedure prescribed by DOE in the earlier multi-
split waivers are identical in all relevant respects, except that AHRI 
1230 allows the use of up to 12 indoor units, as opposed to eight in 
the earlier alternate test procedure.
    Second, ANSI/AHRI 1230-2010 requires an additional test. The 
earlier alternate test procedure provides for efficiency rating of a 
non-tested combination in one of two ways: (1) at an energy efficiency 
level determined using a DOE-approved alternative rating method; or (2) 
at the efficiency level of the tested combination utilizing the same 
outdoor unit. In AHRI 1230, similar to the residential test procedure 
set forth in 10 CFR part 430, subpart B, appendix M, multi-split 
manufacturers must also test two or more combinations of indoor units 
with each outdoor unit. The first system combination is tested using 
only non-ducted indoor units that meet the definition of a tested 
combination. The rating given to any untested multi-split system 
combination having the same outdoor unit and all non-ducted indoor 
units is set equal to the rating of the tested system having all non-
ducted indoor units. The second system combination is tested using only 
ducted indoor units that meet the definition of a tested combination. 
The rating given to any untested multi-split system combination having 
the same outdoor unit and all ducted indoor units is set equal to the 
rating of the tested system having all ducted indoor units. The rating 
given to any untested multi-split system combination having the same 
outdoor unit and a mix of non-ducted and ducted indoor units is set 
equal to the average of the ratings for the two required tested 
combinations.
    Third, the alternate test procedure and AHRI 1230 require the use 
of different line lengths for the cooling refrigerant line when 
performing efficiency testing. AHRI 1230 requires longer line lengths 
depending on the type and capacity of the connected indoor units.
    As DOE continues to evaluate AHRI 1230, DOE has granted 
manufacturers' request to use AHRI 1230 as the alternate test procedure 
for testing and rating their commercial multi-split products subject to 
a waiver of DOE's test procedures. DOE prescribed AHRI 1230 as the 
alternate test procedure for those Daikin AC (Americas) Inc. 
(``Daikin'') commercial multi-split products that have cooling 
capacities less than or equal to 300,000 Btu/h, and for Carrier 
Corporation's (``Carrier'') commercial multi-split products. 76 FR 
34685 (June 14, 2011); 76 FR 31951 (June 2, 2011).
    Consistent with the requests of these other manufacturers, 
Mitsubishi requested that DOE permit it to use AHRI 1230 as the 
alternate test procedure to test and rate its WR2 and WY Series units 
and those S&L Class systems that have capacities less than or equal to 
300,000 Btu/h. AHRI 1230 covers multi-split products with cooling and 
heating capacities for outdoor units from 12,000 Btu/h to 300,000 Btu/
h. The outdoor units of Mitsubishi's WR2 and WY Series products fall 
within that range. Thus, similar to DOE's decision in the Daikin and 
Carrier waivers, Mitsubishi requested that DOE prescribe AHRI 1230 as 
the alternate test procedure for Mitsubishi's WR2 and WY Series 
products.
    Mitsubishi's S&L Class product line includes outdoor units with 
individual capacities from 65,000 to 144,000 Btu/h, which can be 
combined into systems with capacities from 130,000 to 480,000 Btu/h. 
Although the individual capacities of these outdoor units fall within 
AHRI 1230's capacity range, some of the combinations of outdoor units 
have capacities that are greater than the capacity range for AHRI 1230. 
Thus, similar to DOE's decision in the Daikin waiver, Mitsubishi 
requested that DOE prescribe AHRI 1230 as the alternate test procedure 
for those S&L Class products that have capacities less than or equal to 
300,000 Btu/h. For those S&L Class system that have capacities greater 
than 300,000 Btu/h, Mitsubishi will continue to use the alternate test 
procedure specified in the S&L Class waiver.
    DOE has determined that use of AHRI 1230 is appropriate for 
Mitsubishi's WR2 and WY Series products and its S&L Class products for 
the reasons set forth below.
    As discussed above, AHRI 1230 requires longer line lengths for the 
cooling refrigerant line during testing, depending on the type and 
capacity of the connected indoor units. This difference affects the 
resulting energy efficiency determination. Testing according to AHRI 
1230's requirements provides a more conservative estimate of energy 
consumption because it results in a slightly lower efficiency rating 
than testing according to the alternate test procedure.
    In addition, the definition of ``tested combination'' in AHRI 1230 
is more appropriate for these Mitsubishi products than the definition 
in the current alternate test procedure. As defined in the current 
alternate test procedures for Mitsubishi's products, the ``tested 
combination'' of a VRF system is defined as one outdoor unit matched 
with between two and eight indoor units. The indoor units must 
represent the highest sales model family, and, together, must have a 
nominal cooling capacity that is between 95% and 105% of the nominal 
cooling capacity of the outdoor unit. Due to the relative size of some 
of Mitsubishi's outdoor units and indoor units, permitting the matching 
of up to only eight indoor units may not be sufficient to comply with 
the requirement that the indoor units must have a combined capacity 
that is

[[Page 65713]]

between 95% and 105% of the nominal cooling capacity of the outdoor 
unit. AHRI 1230, as revised in March 2011, permits the use of up to 
twelve indoor units. For consistency purposes, DOE also agrees with 
Mitsubishi's request that DOE amend the definition of ``tested 
combination'' in the current alternate test procedure to make it 
identical to the definition in AHRI 1230 for those units with 
capacities greater than 300,000 Btu/h that are outside the scope of 
AHRI 1230.
    For the reasons discussed above, and because DOE's prescribed AHRI 
1230 as the alternate test procedure in waivers granted to Carrier and 
Daikin, DOE determined that allowing Mitsubishi to use AHRI 1230 
instead of the alternate test procedure provided in the WR2 and WY 
Series Waiver and the S&L Class Waiver is in the public interest.

Conclusion

    After careful consideration of all the materials submitted by 
Mitsubishi, it is ordered that:
    (A)(1) Mitsubishi is not required to test the following equipment 
with cooling capacities of 300,000 Btu/h and below according to the 
test procedure for commercial package air conditioners and heat pumps 
prescribed by DOE at 10 CFR 431.96 (ARI Standard 340/360-2004 
(incorporated by reference in 10 CFR 431.95(b)(2)-(3)), but instead 
shall use as the alternate test procedure ANSI/AHRI 1230-2010:
    (a) Equipment listed in the WR2 and WY Series waiver granted 
December 15, 2009 (74 FR 66311);
    (b) Equipment listed in the S&L Class waiver granted December 15, 
2009 (74 FR 66315); and
    (c) Basic models of CITY MULTI WR2 and WY Series and CITY MULTI S&L 
Class equipment listed in the waiver granted July 11, 2011 (76 FR 
40714).
    (2) Mitsubishi shall be required to test the following equipment 
with cooling capacities above 300,000 Btu/h according to the test 
procedures for central air conditioners and heat pumps prescribed by 
DOE at 10 CFR 431.96, except that Mitsubishi shall test each model of 
outdoor unit with two or more combinations of indoor units. The first 
system combination shall be tested using only non-ducted indoor units 
that meet the definition of a tested combination as set forth in 
subparagraph (B). The second system combination shall be tested using 
only ducted indoor units that meet the definition of a tested 
combination as set forth in subparagraph (B). Mitsubishi shall make 
representations concerning the products covered in this waiver 
according to the provisions of subparagraph (C):
    (a) Equipment listed in the WR2 and WY Series waiver granted 
December 15, 2009 (74 FR 66311);
    (b) Equipment listed in the S&L Class waiver granted December 15, 
2009 (74 FR 66315); and
    (c) Basic models of CITY MULTI WR2 and WY Series and CITY MULTI S&L 
Class equipment listed in the waiver granted July 11, 2011 (76 FR 
40714).
    (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: The basic model of a variable refrigerant flow 
system (``VRF system'') used as a tested combination shall consist of 
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 12 indoor 
units; for multi-split systems, each of these indoor units shall be 
designed for individual operation.
    (C) Representations. In making representations about the energy 
efficiency of its S&L Class and WR2 and WY Series multi-split 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:
    (i) For multi-split combinations tested in accordance with this 
alternate test procedure, Mitsubishi may make representations based on 
those test results.
    (ii) For multi-split combinations that are not tested, Mitsubishi 
may make representations based on the testing results for the tested 
combination and that are consistent with one of the following methods:
    (a) Rating of non-tested combinations according to an alternative 
rating method approved by DOE; or
    (b) Rating of non-tested combinations having the same outdoor unit 
and all non-ducted indoor units shall be set equal to the rating of the 
tested system having all non-ducted indoor units.
    (c) Rating of non-tested combinations having the same outdoor unit 
and all ducted indoor units shall be set equal to the rating of the 
tested system having all ducted indoor units. To be considered a ducted 
unit, the indoor unit must be intended to be connected with ductwork 
and have a rated external static pressure capability greater than zero 
(0).
    (d) Rating of non-tested combinations having the same outdoor unit 
and a mix of non-ducted and ducted indoor units shall be set equal to 
the average of the ratings for the two required tested combinations.
    (D) This waiver amendment shall remain in effect from the date this 
Decision and Order is issued, consistent with the provisions of 10 CFR 
431.401(g).

    Issued in Washington, DC, on October 18, 2011.

Kathleen B. Hogan,

Deputy Assistant Secretary for Energy Efficiency, Energy Efficiency 
and Renewable Energy.

[FR Doc. 2011-27431 Filed 10-21-11; 8:45 am]
BILLING CODE 6450-01-P
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