Federal Register / Vol. 76, No. 114 / Tuesday, June 14, 2011 / Notices 34685 

1For editorial reasons, upon codification in the 

U.S. Code, Part C was re-designated Part A–1. 

Second breakout sessions 

3:30 p.m.–4:30 p.m. 

Break 

4:30 p.m.–5:30 p.m. 

Plenary session—breakout reports 

Day 2 

8 a.m.–8:30 a.m. 

Continental breakfast 

8:30 a.m.–10:30 a.m. 

Third breakout sessions 

10:30 a.m. –11 a.m. 

Break 

11 a.m.–12 p.m. 

Closing plenary: breakout reports and 

closing comments 

Registration and Accommodations 

A room-block for meeting participants 

has been established at the Hyatt 

Regency Crystal City. The room block is 

limited and is not guaranteed after 

Friday, June 10. 

Issued in Washington, DC, on June 7, 2011. 

Mark A. Higgins, 

Acting Program Manager, Wind and 

Hydropower Technologies, Energy Efficiency 

and Renewable Energy, Department of Energy. 

[FR Doc. 2011–14659 Filed 6–13–11; 8:45 am] 

BILLING CODE 6450–01–P 

DEPARTMENT OF ENERGY 

Office of Energy Efficiency and 

Renewable Energy 

[Case No. CAC–029] 

Energy Conservation Program for 

Certain Commercial and Industrial 

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 

AGENCY: Office of Energy Efficiency and 

Renewable Energy, Department of 

Energy. 

ACTION: Decision and Order. 

SUMMARY: This notice publishes the U.S. 

Department of Energy’s (DOE) Decision 

and Order in Case No. CAC–029, which 

grants Daikin AC (Americas) Inc. 

(Daikin) a waiver from the existing DOE 

test procedures applicable to 

commercial package air-source central 

air conditioners and heat pumps. The 

waiver is specific to the Daikin VRV III– 

PB variable refrigerant flow (VRF) multisplit commercial heat pumps. As a 

condition of this waiver, Daikin must 

use the alternate test procedure set forth 

in this notice to test and rate its VRV III– 

PB variable refrigerant flow (VRF) multisplit commercial heat pumps. 

DATES: This Decision and Order is 

effective June 14, 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: 

Elizabeth.Kohl@hq.doe.gov. 

SUPPLEMENTARY INFORMATION: In 

accordance with Title 10 of the Code of 

Federal Regulations (10 CFR) 

431.401(f)(4), DOE provides notice of 

the issuance of the Decision and Order 

set forth below. In this Decision and 

Order, DOE grants Daikin a waiver from 

the existing DOE commercial package 

air conditioner and heat pump test 

procedures for its VRV III–PB multisplit products. DOE also requires the 

use of an alternate test procedure for 

this equipment. The cooling capacities 

of Daikin’s VRV III–PB multi-split heat 

pumps in its waiver petition range from 

72,000 Btu/h to 360,000 Btu/h. Daikin 

must use American National Standards 

Institute/Air-Conditioning, Heating and 

Refrigeration Institute (ANSI/AHRI) 

Standard 1230–2010, ‘‘Performance 

Rating of Variable Refrigerant Flow 

(VRF) Multi-Split Air-Conditioning and 

Heat Pump Equipment’’ to test and rate 

the specified models of VRV III–PB 

variable refrigerant flow (VRF) multisplit commercial heat pumps, identified 

below, with cooling capacities less than 

or equal to 300,000 Btu/hr. Daikin must 

use the alternate test procedure 

specified in its interim waiver to test 

and rate the specified models of VRV 

III–PB variable refrigerant flow (VRF) 

multi-split commercial heat pumps, 

identified below, with cooling 

capacities above 300,000, except that for 

consistency with the testing required by 

ANSI/AHRI 1230–2010, tests of both 

ducted and non-ducted indoor units 

must now be conducted. 76 FR 19069 

(April 6, 2011). 

Today’s decision prohibits Daikin 

from making any representations 

concerning the energy efficiency of 

these products unless the product has 

been tested consistent with the 

provisions and restrictions in the 

alternate test procedure set forth in the 

Decision and Order below, and the 

representations fairly disclose the test 

results. (42 U.S.C. 6314(d)) Distributors, 

retailers, and private labelers are held to 

the same standard when making 

representations regarding the energy 

efficiency of these products. Id. 

Issued in Washington, DC, on June 7, 2011. 

Kathleen Hogan, 

Deputy Assistant Secretary for Energy 

Efficiency, Office of Technology 

Development, Energy Efficiency and 

Renewable Energy. 

Decision and Order 

In the Matter of: Daikin AC 

(Americas) Inc. (Daikin) (Case No. CAC– 

029). 

Background 

Title III, Part C of the Energy Policy 

and Conservation Act of 1975 (EPCA), 

Public Law 94–163 (42 U.S.C. 6311– 

6317, as codified) established the 

Energy Conservation Program for 

Certain Industrial Equipment, a program 

covering certain industrial equipment, 

which includes the VRV III–PB variable 

refrigerant flow (VRF) commercial 

multi-split heat pumps (‘‘VRV III–PB 

multi-split heat pumps’’) that are the 

focus of this notice.1 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 airconditioning 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). 


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34686 Federal Register / Vol. 76, No. 114 / Tuesday, June 14, 2011 / Notices 

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. For 

commercial air-source heat pumps, DOE 

adopted ARI Standard 340/360–2004. 

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 Daikin’s VRV III– 

PB multi-split heat pumps in its waiver 

petition range from 72,000 Btu/h to 

360,000 Btu/h. The current test 

procedure for this equipment is ARI 

Standard 340/360–2004, which includes 

units 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). 

On November 22, 2010, Daikin filed a 

petition for waiver from the test 

procedure 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 Daikin’s VRV 

III–PB multi-split heat pumps range 

from 72,000 Btu/h to 360,000 Btu/h. The 

applicable test procedure for 

commercial 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. 

Daikin seeks a waiver from the 

applicable test procedures under 10 CFR 

431.96 on the grounds that its VRV III– 

PB multi-split heat pumps contain 

design characteristics that prevent 

testing according to the current DOE test 

procedures. Specifically, Daikin asserts 

that the two primary factors that prevent 

testing of its 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. See, e.g., 72 FR 17528 

(April 9, 2007) (Mitsubishi); 76 FR 

19069 (April 6, 2011) (Daikin); 76 FR 

19078 (April 6, 2011) (Mitsubishi). 

On April 6, 2011, DOE published 

Daikin’s petition for waiver in the 

Federal Register, seeking public 

comment pursuant to 10 CFR 

431.401(b)(1)(iv), and granted the 

application for interim waiver. 76 FR 

19069. DOE received no comments on 

the Daikin petition. 

Assertions and Determinations 

Daikin’s Petition for Waiver 

Daikin seeks a waiver from the DOE 

test procedures for this product class on 

the grounds that its VRV III–PB variable 

refrigerant flow (VRF) multi-split 

commercial heat pumps contain design 

characteristics that prevent them from 

being tested using the current DOE test 

procedures. As stated above, Daikin 

asserts that the two primary factors that 

prevent testing of multi-split variable 

speed products are the same factors 

stated in the waivers that DOE granted 

to Mitsubishi, Fujitsu General Ltd. 

(Fujitsu), Samsung Air Conditioning 

(Samsung), Sanyo, and LG for similar 

lines of commercial multi-split airconditioning systems: (1) Testing 

laboratories cannot test products with so 

many indoor units; and (2) there are too 

many possible combinations of indoor 

and outdoor unit to test. 

The VRV III–PB multi-split heat pump 

system consists of multiple indoor units 

connected to an air-cooled outdoor unit. 

The indoor units for this equipment are 

available in a very large number of 

potential configurations, including: 4- 

Way Cassette, Wall Mounted, Ceiling 

Suspended, Floor Standing, Ceiling 

Concealed, and Multi Position AHU. 

There are over one million 

combinations possible with the current 

Daikin VRV III–PB product offerings. It 

is impractical for testing laboratories to 

test this equipment because of the 

number of potential system 

configurations. Consequently, Daikin 

requested that DOE grant a waiver from 

the applicable test procedure for its VRV 

III–PB multi-split heat pump equipment 

designs until a suitable test method can 

be prescribed. 

In responses to two petitions for 

waiver from Mitsubishi, DOE specified 

an alternate test procedure to provide a 

basis upon which Mitsubishi could test 

and make valid energy efficiency 

representations for its R410A CITY 

MULTI equipment, as well as for its R22 

multi-split equipment. 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 Daikin 

VRV III–PB systems have operational 

characteristics similar to the commercial 

multi-split products manufactured by 

Mitsubishi, Samsung, Fujitsu, LG, and 

Sanyo. DOE has granted waivers for 

these products with a similar alternate 

test procedure prescribed for 

Mitsubishi. For reasons similar to those 

published in these prior notices, DOE 

believes that an alternate test procedure 

is appropriate in this instance. 

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 which has been 

adopted by the American National 

Standards Institute (AHRI)–‘‘American 

National Standards Institute (ANSI)/ 

AHRI 1230–2010: Performance Rating of 

Variable Refrigerant Flow (VRF) MultiSplit Air-Conditioning and Heat Pump 

Equipment.’’ This test procedure has 

been incorporated into ASHRAE 90.1– 

2010. DOE is currently assessing AHRI 

1230–2010 with respect to the 


srobinson on DSK4SPTVN1PROD with NOTICES
Federal Register / Vol. 76, No. 114 / Tuesday, June 14, 2011 / Notices 34687 

requirements for test procedures 

specified by EPCA (42 U.S.C. 

6314(a)(4)(B)), and will provide a 

preliminary determination regarding 

those test procedures in a future notice 

of proposed rulemaking. 

Daikin’s petition proposed that DOE 

apply ANSI/AHRI Standard 1230–2010 

as the alternate test procedure to apply 

to its VRV III–PB multi-split heat pump 

equipment as a condition of its 

requested waiver. As stated above, no 

comments were received by DOE 

regarding the Daikin petition. The 

alternate test procedure in the 

commercial multi-split waivers that 

DOE granted to Mitsubishi and the other 

manufacturers listed above is similar to 

ANSI/AHRI 1230–2010, except that it 

covers equipment with cooling 

capacities greater than 300,000 Btu/hr 

while ANSI/AHRI 1230–2010 covers 

equipment with cooling capacities only 

equal to or less than 300,000 Btu/hr. 

DOE issues today’s Decision and 

Order granting Daikin a test procedure 

waiver for its commercial VRV III–PB 

multi-split heat pumps. As a condition 

of this waiver, Daikin must use the 

alternate test procedure specified by 

DOE. For the listed Daikin VRV III–PB 

models with cooling capacities less than 

or equal to 300,000 Btu/hr, DOE must 

use ANSI/AHRI 1230–2010 as the 

alternate procedure. For the listed 

Daikin VRV III–PB models with cooling 

capacities greater than 300,000 Btu/h, 

Daikin must use the alternate test 

procedure prescribed in its interim 

waiver, except that for consistency with 

the testing required by ANSI/AHRI 

1230–2010, tests of both ducted and 

non-ducted indoor units must now be 

conducted. This alternate test procedure 

is essentially the same as ANSI/AHRI 

1230–2010. The upper limit of the scope 

of ANSI/AHRI 1230–2010 was set for 

historical rather than technical reasons. 

Alternate Test Procedure 

The alternate test procedure 

prescribed by DOE in earlier multi-split 

waivers, including the interim waiver 

granted to Daikin in response to the 

current petition, consisted of a 

definition of a ‘‘tested combination’’ and 

a prescription for representations. 

ANSI/AHRI 1230–2010 also includes a 

definition of ‘‘tested combination,’’ and 

the two definitions are identical in all 

relevant respects. 

The earlier alternate test procedure 

provides for efficiency rating of a nontested 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. ANSI/AHRI 1230–2010 requires an 

additional test and in this respect is 

similar to the residential test procedure 

set forth in 10 CFR part 430, subpart B, 

appendix M. Multi-split manufacturers 

must 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 multisplit system combination having the 

same outdoor unit and a mix of nonducted and ducted indoor units is set 

equal to the average of the ratings for the 

two required tested combinations. 

With regard to the laboratory testing 

of commercial products, some of the 

difficulties associated with the existing 

test procedure are avoided by the 

alternate test procedure’s requirements 

for choosing the indoor units to be used 

in the manufacturer-specified tested 

combination. For example, in addition 

to limiting the number of indoor units, 

another requirement is that all the 

indoor units must be subjected the same 

minimum external static pressure. This 

requirement enables the test lab to 

manifold the outlets from each indoor 

unit into a common plenum that 

supplies air to a single airflow 

measuring apparatus. This eliminates 

situations in which some of the indoor 

units are ducted and some are nonducted. Without this requirement, the 

laboratory must evaluate the capacity of 

a subgroup of indoor coils separately 

and then sum the separate capacities to 

obtain the overall system capacity. 

Measuring capacity in this way would 

require that the test laboratory be 

equipped with multiple airflow 

measuring apparatuses. It is unlikely 

that any test laboratory would be 

equipped with the necessary number of 

such apparatuses. Alternatively, the test 

laboratory could connect its one airflow 

measuring apparatus to one or more 

common indoor units until the 

contribution of each indoor unit had 

been measured. However, that approach 

would be so time-consuming as to be 

impractical. 

For the reasons discussed above, DOE 

believes Daikin’s VRV III–PB multi-split 

heat pumps cannot be tested using the 

procedure prescribed in 10 CFR 431.96 

(ARI Standard 340/360–2004) and 

incorporated by reference in DOE’s 

regulations at 10 CFR 431.95(b)(2)–(3). 

After careful consideration, DOE has 

decided to prescribe ANSI/AHRI 1230– 

2010 as the alternate test procedure for 

Daikin’s commercial multi-split 

products with cooling capacities less 

than or equal to 300,000 Btu/hr and the 

alternate test procedure specified in 

Daikin’s interim waiver for its 

commercial multi-split products with 

cooling capacities greater than 300,000 

Btu/hr, except that for consistency with 

the testing required by ANSI/AHRI 

1230–2010, tests of both ducted and 

non-ducted indoor units must now be 

conducted. 

Consultations With Other Agencies 

DOE consulted with the Federal Trade 

Commission (FTC) staff concerning the 

Daikin petition for waiver. The FTC staff 

did not have any objections to issuing 

a waiver to Daikin. 

Conclusion 

After careful consideration of all the 

materials submitted by Daikin, the 

absence of any comments, and 

consultation with the FTC staff, it is 

ordered that: 

(1) The petition for waiver filed by 

Daikin (Case No. CAC–029) is hereby 

granted as set forth in the paragraphs 

below. 

(2) Daikin shall not be required to test 

or rate its VRV III–PB multi-split heat 

pump models listed below on the basis 

of the test procedures cited in 10 CFR 

431.96, specifically ARI Standard 340/ 

360–2004 (incorporated by reference in 

10 CFR 431.95(b)(2–3)). Instead, it shall 

be required to test and rate such 

products according to the alternate test 

procedure as set forth in paragraph (3). 

VRV III–PB multi-split heat pump series 

outdoor units: 

• 460V/3-phase/60Hz Models: 

Æ Heat Pump models RXYQ72PBYD, 

RXYQ96PBYD, RXYQ120PBYD, 

RXYQ144PBYD, RXYQ168PBYD, 

RXYQ192PBYD, RXYQ216PBYD, 

RXYQ240PBYD, RXYQ264PBYD, 

RXYQ288PBYD, RXYQ312PBYD, 

RXYQ336PBYD, RXYQ360PBYD with 

nominal cooling capacities of 72,000, 

96,000, 120,000, 144,000, 168,000, 

192,000, 216,000, 240,000, 264,000, 

288,000, 312,000, 336,000 and 360,000 

Btu/hr respectively. 

Æ Heat Recovery models 

REYQ72PBYD, REYQ96PBYD, 

REYQ120PBYD, REYQ144PBYD (2x 

REMQ72PBYD), REYQ168PBYD (1x 


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34688 Federal Register / Vol. 76, No. 114 / Tuesday, June 14, 2011 / Notices 

REMQ96PBYD + 1x REMQ72PBYD), 

REYQ192PBYD (2x REMQ96PBYD), 

REYQ216PBYD (1x REMQ120PBYD + 

1x REMQ96PBYD), REYQ240PBYD (2x 

REMQ120PBYD), REYQ264PBYD (1x 

REMQ72PBYD + 2x REMQ96PBYD), 

REYQ288PBYD (1x REMQ120PBYD + 

1x REMQ96PBYD + 1x REMQ72PBYD), 

REYQ312PBYD (2x REMQ96PBYD + 1x 

REMQ120PBYD), REYQ336PBYD (2x 

REMQ120PBYD + 1x REMQ96PBYD), 

with nominal cooling capacities of 

72,000, 96,000, 120,000, 144,000, 

168,000, 192,000, 216,000, 240,000, 

264,000, 288,000, 312,000 and 336,000 

Btu/hr respectively. 

• 208–230V/3-phase/60Hz Models: 

Æ Heat Pump models RXYQ72PBTJ, 

RXYQ96PBTJ, RXYQ120PBTJ, 

RXYQ144PBTJ, RXYQ168PBTJ, 

RXYQ192PBTJ, RXYQ216PBTJ, 

RXYQ240PBTJ, RXYQ264PBTJ, 

RXYQ288PBTJ, RXYQ312PBTJ, 

RXYQ336PBTJ, RXYQ360PBTJ with 

nominal cooling capacities of 72,000, 

96,000, 120,000, 144,000, 168,000, 

192,000, 216,000, 240,000, 264,000, 

288,000, 312,000, 336,000 and 360,000 

Btu/hr respectively. 

Æ Heat Recovery models 

REYQ72PBTJ, REYQ96PBTJ, 

REYQ120PBTJ, REYQ144PBTJ, 

REYQ168PBTJ (1x REMQ96PBTJ + 1x 

REMQ72PBTJ), REYQ192PBTJ (2x 

REMQ96PBTJ), REYQ216PBTJ (1x 

REMQ120PBTJ + 1x REMQ96PBTJ), 

REYQ240PBTJ (2x REMQ120PBTJ), 

REYQ264PBTJ (1x REMQ72PBTJ + 2x 

REMQ96PBTJ), REYQ288PBTJ (1x 

REMQ120PBTJ + 1x REMQ96PBTJ + 1x 

REMQ72PBTJ), REYQ312PBTJ (2x 

REMQ96PBTJ + 1x REMQ120PBTJ), 

REYQ336PBTJ (2x REMQ120PBTJ + 1x 

REMQ96PBTJ), with nominal cooling 

capacities of 72,000, 96,000, 120,000, 

144,000, 168,000, 192,000, 216,000, 

240,000, 264,000, 288,000, 312,000 and 

336,000 Btu/hr respectively. 

• Compatible indoor units for above 

listed outdoor units: 

Æ FXAQ Series all mounted indoor 

units with nominal capacities of 7,500, 

9,500, 12,000, 18,000 and 24,000 Btu/hr. 

Æ FXLQ Series floor mounted indoor 

units with nominal capacities of 12,000, 

18,000 and 24,000 Btu/hr. 

Æ FXNQ Series concealed floor 

mounted indoor units with nominal 

capacities of 12,000, 18,000 and 24,000 

Btu/hr. 

Æ FXDQ Series low static ducted 

indoor units with nominal capacities of 

7,500, 9,500, 12,000, 18,000 and 24,000 

Btu/hr. 

Æ FXSQ Series medium static ducted 

indoor units with nominal capacities of 

7,500, 9,500, 12,000, 18,000, 24,000, 

30,000, 36,000, 48,000 Btu/hr. 

Æ FXMQ Series medium/high static 

ducted indoor units with nominal 

capacities of 7,500, 9,500, 12,000, 

18,000, 24,000, 30,000, 36,000, 48,000, 

72,000 and 96,000 Btu/hr. 

Æ FXZQ Series recessed cassette 

indoor units with nominal capacities of 

7,500, 9,500, 12,000 and 18,000 Btu/hr. 

Æ FXFQ Series recessed cassette 

indoor units with nominal capacities of 

9,500, 12,000, 18,000, 24,000, 30,000, 

36,000 and 48,000 Btu/hr. 

Æ FXHQ Series ceiling suspended 

indoor units with nominal capacities of 

12,000, 24,000 and 36,000 Btu/hr. 

Æ FXTQ Series ceiling suspended 

indoor units with nominal capacities of 

12,000, 18,000, 24,000, 30,000, 36,000, 

42,000, 48,000 and 54,000 Btu/hr. 

Æ FXMQ–MF Series concealed ducted 

indoor units with nominal capacities of 

48,000, 72,000, and 96,000 Btu/hr. 

(3) Alternate test procedure. 

(A) Daikin is not required to test the 

products with cooling capacities of 

300,000 Btu/h and below listed in 

paragraph (2) above 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 the alternate test 

procedure ANSI/AHRI 1230–2010. 

(B) Daikin shall be required to test the 

equipment listed in paragraph (2) above 

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 Daikin 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 paragraph C. 

The second system combination shall be 

tested using only ducted indoor units 

that meet the definition of a tested 

combination as set forth in paragraph C. 

Daikin shall make representations 

concerning the VRV III–PB multi-split 

heat pump equipment covered in this 

waiver according to the provisions of 

subparagraph (D). 

(C) 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 as to 

be able to test 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 

section 2.4.1 of 10 CFR Part 430, subpart 

B, appendix M. 

(D) Representations. In making 

representations about the energy 

efficiency of its VRV III–PB multi-split 

products, for compliance, marketing, or 

other purposes, Daikin must fairly 

disclose the results of testing under the 

DOE test procedure in a manner 

consistent with the provisions outlined 

below: 

(i) For VRV III–PB multi-split 

combinations tested in accordance with 

this alternate test procedure, Daikin may 

make representations based on those 

test results. 

(ii) For VRV III–PB multi-split 

combinations that are not tested, Daikin 

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). 


srobinson on DSK4SPTVN1PROD with NOTICES
Federal Register / Vol. 76, No. 114 / Tuesday, June 14, 2011 / Notices 34689 

(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. 

(4) This waiver shall remain in effect 

from the date this Decision and Order is 

issued, consistent with the provisions of 

10 CFR 431.401(g). 

(5) This waiver is issued on the 

condition that the statements, 

representations, and documentary 

materials provided by the petitioner are 

valid. DOE may revoke or modify the 

waiver at any time if it determines that 

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. 

(6) This waiver applies only to those 

basic models set out in Daikin’s petition 

for waiver. Grant of this waiver does not 

release a petitioner from the 

certification requirements set forth at 10 

CFR part 429. 

Issued in Washington, DC on June 7, 2011. 

Kathleen B. Hogan, 

Deputy Assistant Secretary, Office of 

Technology Development, Energy Efficiency 

and Renewable Energy. 

[FR Doc. 2011–14654 Filed 6–13–11; 8:45 am] 

BILLING CODE 6450–01–P 

DEPARTMENT OF ENERGY 

Federal Energy Regulatory 

Commission 

[Docket No. IC11–583–000] 

Commission Information Collection 

Activities [FERC–583], Comment 

Request; Extension 

AGENCY: Federal Energy Regulatory 

Commission. 

ACTION: Notice of proposed information 

collection and request for comments. 

SUMMARY: In compliance with the 

requirements of section 3506(c)(2)(A) of 

the Paperwork Reduction Act of 1995, 

44 U.S.C. 3506(c)(2)(A) (2006), (Pub. L. 

104–13), the Federal Energy Regulatory 

Commission (Commission or FERC) is 

soliciting public comment on the 

proposed information collection 

described below. 

DATES: Comments in consideration of 

the collection of information are due 

August 12, 2011. 

ADDRESSES: Comments may be filed 

either electronically (eFiled) or in paper 

format, and should refer to Docket No. 

IC11–583–000. Documents must be 

prepared in an acceptable filing format 

and in compliance with Commission 

submission guidelines at http:// 

www.ferc.gov/help/submissionguide.asp. eFiling instructions are 

available at: http://www.ferc.gov/docsfiling/efiling.asp. First-time users must 

follow eRegister instructions at: http:// 

www.ferc.gov/docs-filing/ 

eregistration.asp, to establish a user 

name and password before eFiling. The 

Commission will send an automatic 

acknowledgement to the sender’s e-mail 

address upon receipt of eFiled 

comments. Commenters making an 

eFiling should not make a paper filing. 

Commenters that are not able to file 

electronically must send an original of 

their comments to: Federal Energy 

Regulatory Commission, Secretary of the 

Commission, 888 First Street, NE., 

Washington, DC 20426. 

Users interested in receiving 

automatic notification of activity in this 

docket may do so through eSubscription 

at http://www.ferc.gov/docs-filing/ 

esubscription.asp. All comments and 

FERC issuances may be viewed, printed 

or downloaded remotely through 

FERC’s eLibrary at http://www.ferc.gov/ 

docs-filing/elibrary.asp, by searching on 

Docket No. IC11–583. For user 

assistance, contact FERC Online 

Support by e-mail at 

ferconlinesupport@ferc.gov, or by phone 

at: (866) 208–3676 (toll-free), or (202) 

502–8659 for TTY. 

FOR FURTHER INFORMATION CONTACT: 

Ellen Brown may be reached by e-mail 

at DataClearance@FERC.gov, telephone 

at (202) 502–8663, and fax at (202) 273– 

0873. 

SUPPLEMENTARY INFORMATION: The 

information collected under the 

requirements of FERC–583 ‘‘Annual 

Kilowatt Generating Report (Annual 

Charges)’’ (OMB No. 1902–0136) is used 

by the Commission to implement the 

statutory provisions of section 10(e) of 

the Federal Power Act (FPA), part I, 16 

U.S.C. 803(e) which requires the 

Commission to collect annual charges 

from hydropower licensees for, among 

other things, the cost of administering 

part I of the FPA and for the use of 

United States dams. In addition, section 

3401 of the Omnibus Budget 

Reconciliation Act of 1986 (OBRA) 

authorizes the Commission to ‘‘assess 

and collect fees and annual charges in 

any fiscal year in amounts equal to all 

of the costs incurred by the Commission 

in that fiscal year.’’ The information is 

collected annually and used to 

determine the amounts of the annual 

charges to be assessed licensees for 

reimbursable government administrative 

costs and for the use of government 

dams. The Commission implements 

these filing requirements in the Code of 

Federal Regulations (CFR) under 18 CFR 

part 11. 

Action: The Commission is requesting 

a three-year extension of the current 

expiration date, with no changes to the 

existing collection of data. 

Burden Statement: Public reporting 

burden for this collection is estimated 

as: 

Data collection 

Number of 

respondents 

annually 

(1) 

Number of responses per 

respondent 

(2) 

Average burden hours per 

response 

(3) 

Total annual 

burden hours 

(1) × (2) × (3) 

FERC–583 ....................................................................................................... 459 1 2 918 

Estimated cost burden to respondents 

is $62,835. (918 hours/2,080 hours per 

year times $142,372 per year average per 

employee = $62,835). The cost per 

respondent is $137 (rounded). 

The reporting burden includes the 

total time, effort, or financial resources 

expended to generate, maintain, retain, 

disclose, or provide the information 

including: (1) Reviewing instructions; 

(2) developing, acquiring, installing, and 

utilizing technology and systems for the 

purposes of collecting, validating, 

verifying, processing, maintaining, 

disclosing and providing information; 

(3) adjusting the existing ways to 

comply with any previously applicable 

instructions and requirements; (4) 

training personnel to respond to a 

collection of information; (5) searching 

data sources; (6) completing and 

reviewing the collection of information; 

and (7) transmitting, or otherwise 

disclosing the information. 

The estimate of cost for respondents 

is based upon salaries for professional 

and clerical support, as well as direct 

and indirect overhead costs. Direct costs 

include all costs directly attributable to 

providing this information, such as 


srobinson on DSK4SPTVN1PROD with NOTICES