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[Federal Register Volume 76, Number 114 (Tuesday, June 14, 2011)]
[Notices]
[Pages 34685-34689]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-14654]

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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.

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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) multi-split 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) multi-split 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 multi-split 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) multi-split 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))
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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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    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).

[[Page 34686]]

    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 air-
conditioning 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) Multi-Split 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

[[Page 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 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. 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 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.
    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 non-ducted. 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:
    [cir] 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.
    [cir] Heat Recovery models REYQ72PBYD, REYQ96PBYD, REYQ120PBYD, 
REYQ144PBYD (2x REMQ72PBYD), REYQ168PBYD (1x

[[Page 34688]]

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:
    [cir] 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.
    [cir] 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:
    [cir] FXAQ Series all mounted indoor units with nominal capacities 
of 7,500, 9,500, 12,000, 18,000 and 24,000 Btu/hr.
    [cir] FXLQ Series floor mounted indoor units with nominal 
capacities of 12,000, 18,000 and 24,000 Btu/hr.
    [cir] FXNQ Series concealed floor mounted indoor units with nominal 
capacities of 12,000, 18,000 and 24,000 Btu/hr.
    [cir] FXDQ Series low static ducted indoor units with nominal 
capacities of 7,500, 9,500, 12,000, 18,000 and 24,000 Btu/hr.
    [cir] 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.
    [cir] 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.
    [cir] FXZQ Series recessed cassette indoor units with nominal 
capacities of 7,500, 9,500, 12,000 and 18,000 Btu/hr.
    [cir] 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.
    [cir] FXHQ Series ceiling suspended indoor units with nominal 
capacities of 12,000, 24,000 and 36,000 Btu/hr.
    [cir] 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.
    [cir] 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).

[[Page 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
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