Federal Register / Vol. 76, No. 66 / Wednesday, April 6, 2011 / Notices 19069 

collected; and (4) ways to minimize the 

burden of the collection of information 

on respondents, including through the 

use of automated, electronic, 

mechanical or other collection 

techniques or other forms of information 

technology. As required under the 

Paperwork Reduction Act, after 

evaluating comments, Western will 

make a final determination on this 

information collection extension and 

publish a second notice in the Federal 

Register. 

Dated: March 28, 2011. 

Timothy J. Meeks, 

Administrator. 

[FR Doc. 2011–8159 Filed 4–5–11; 8:45 am] 

BILLING CODE 6450–01–P 

DEPARTMENT OF ENERGY 

[OE Docket No. EA–209–C] 

Application to Export Electric Energy; 

Cargill Power Markets, LLC 

AGENCY: Office of Electricity Delivery 

and Energy Reliability, DOE. 

ACTION: Notice of application. 

SUMMARY: Cargill Power Markets, LLC 

(CPM) has applied to renew its authority 

to transmit electric energy from the 

United States to Canada pursuant to 

section 202(e) of the Federal Power Act 

(FPA). 

DATES: Comments, protests, or requests 

to intervene must be submitted to DOE 

and received on or before May 6, 2011. 

ADDRESSES: Comments, protests, or 

requests to intervene should be 

addressed to: Christopher Lawrence, 

Office of Electricity Delivery and Energy 

Reliability, Mail Code: OE–20, U.S. 

Department of Energy, 1000 

Independence Avenue, SW., 

Washington, DC 20585–0350. Because 

of delays in handling conventional mail, 

it is recommended that documents be 

transmitted by overnight mail, by 

electronic mail to 

Christopher.Lawrence@hq.doe.gov, or by 

facsimile to 202–586–8008. 

FOR FURTHER INFORMATION CONTACT: 

Christopher Lawrence (Program Office) 

202–586–5260. 

SUPPLEMENTARY INFORMATION: Exports of 

electricity from the United States to a 

foreign country are regulated by the 

Department of Energy (DOE) pursuant to 

sections 301(b) and 402(f) of the 

Department of Energy Organization Act 

(42 U.S.C. 7151(b), 7172(f)) and require 

authorization under section 202(e) of 

the FPA (16 U.S.C. 824a(e)). 

On June 24, 1999, the Department of 

Energy (DOE) issued Order No. EA–209, 

which authorized CPM to transmit 

electric energy from the United States to 

Canada as a power marketer for a twoyear term using existing international 

transmission facilities. DOE renewed 

the CPM export authorization two 

additional times: On July 3, 2001 in 

Order No. EA–209–A and on May 31, 

2006 in Order No. EA–209–B. Order No. 

EA–209–B will expire on May 31, 2011. 

On February 14, 2011, CPM filed an 

application with DOE for renewal of the 

export authority contained in Order No. 

EA–209–B for an additional five-year 

term. 

The electric energy that CPM 

proposes to export to Canada would be 

surplus energy purchased from electric 

utilities, Federal power marketing 

agencies, and other entities within the 

United States. The existing international 

transmission facilities to be utilized by 

CPM have previously been authorized 

by Presidential permits issued pursuant 

to Executive Order 10485, as amended, 

and are appropriate for open access 

transmission by third parties. 

Procedural Matters: Any person 

desiring to become a party to these 

proceedings or to be heard by filing 

comments or protests to this application 

should file a petition to intervene, 

comment, or protest at the address 

provided above in accordance with 

§§ 385.211 or 385.214 of the Federal 

Energy Regulatory Commission’s Rules 

of Practice and Procedures (18 CFR 

385.211, 385.214). Fifteen copies of each 

petition and protest should be filed with 

DOE and must be received on or before 

the date listed above. 

Comments on the CPM application to 

export electric energy to Canada should 

be clearly marked with OE Docket No. 

290–B. An additional copy is to be filed 

directly with Eugene J. Becker, Vice 

President, Cargill Power Markets, LLC, 

9350 Excelsior Blvd., MS 150, Hopkins, 

MN 55343. A final decision will be 

made on this application after the 

environmental impacts have been 

evaluated pursuant to DOE’s National 

Environmental Policy Act Implementing 

Procedures (10 CFR Part 1021) and after 

a determination is made by DOE that the 

proposed action will not have an 

adverse impact on the reliability of the 

U.S. electric power supply system. 

Copies of this application will be 

made available, upon request, for public 

inspection and copying at the address 

provided above, by accessing the 

program Web site at http:// 

www.oe.energy.gov/permits

_pending.htm, or by e-mailing Odessa 

Hopkins at 

Odessa.Hopkins@hq.doe.gov. 

Issued in Washington, DC, on March 30, 

2011. 

Anthony J. Como, 

Director, Permitting and Siting, Office of 

Electricity Delivery and Energy Reliability. 

[FR Doc. 2011–8178 Filed 4–5–11; 8:45 am] 

BILLING CODE 6450–01–P 

DEPARTMENT OF ENERGY 

Office of Energy Efficiency and 

Renewable Energy 

[Case No. CAC–029] 

Petition for Waiver From DaikinAC 

(Americas) Inc. and Granting of the 

Interim Waiver From the Department of 

Energy Commercial Package Air 

Conditioner and Heat Pump Test 

Procedure 

AGENCY: Office of Energy Efficiency and 

Renewable Energy, Department of 

Energy. 

ACTION: Notice of petition for waiver, 

granting of application for interim 

waiver, and request for comments. 

SUMMARY: This notice announces receipt 

of and publishes a petition for waiver 

from DaikinAC (Americas) Inc. (Daikin). 

The petition for waiver (hereafter 

‘‘petition’’) requests a waiver from the 

U.S. Department of Energy (DOE) test 

procedure applicable to commercial 

package air-source central air 

conditioners and heat pumps. The 

petition is specific to the Daikin variable 

capacity VRV III–PB variable refrigerant 

flow (VRF) commercial multi-split heat 

pumps (‘‘VRV III–PB multi-split heat 

pumps’’). Through this document, DOE: 

solicits comments, data, and 

information with respect to the Daikin 

petition; and announces the grant of an 

interim waiver to Daikin from the 

existing DOE test procedure for the 

subject commercial multi-split heat 

pumps. 

DATES: DOE will accept comments, data, 

and information with respect to the 

Daikin petition until, but no later than 

May 6, 2011. 

ADDRESSES: You may submit comments, 

identified by case number ‘‘CAC–029,’’ 

by any of the following methods: 

• Federal eRulemaking Portal:http:// 

www.regulations.gov. Follow the 

instructions for submitting comments. 

• E-mail: 

AS_Waiver_Requests@ee.doe.gov. 

Include the case number [CAC–029] 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., 

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19070 Federal Register / Vol. 76, No. 66 / Wednesday, April 6, 2011 / Notices 

1For editorial reasons, upon codification in the 

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

Washington, DC 20585–0121. 

Telephone: (202) 586–2945. Please 

submit one signed original paper copy. 

• Hand Delivery/Courier: Ms. Brenda 

Edwards, U.S. Department of Energy, 

Building Technologies Program, 950 

L’Enfant Plaza, SW., Suite 600, 

Washington, DC 20024. Please submit 

one signed original paper copy. 

Docket: For access to the docket to 

review the background documents 

relevant to this matter, you may visit the 

U.S. Department of Energy, 950 L’Enfant 

Plaza, SW., (Resource Room of the 

Building Technologies Program), 

Washington, DC 20024; (202) 586–2945, 

between 9 a.m. and 4 p.m., Monday 

through Friday, except on Federal 

holidays. Available documents include 

the following items: (1) This notice; (2) 

public comments received; (3) the 

petition for waiver and application for 

interim waiver; and (4) prior DOE 

rulemakings regarding similar central 

air conditioning and heat pump 

equipment. Please call Ms. Brenda 

Edwards at the above telephone number 

for additional information regarding 

visiting the Resource Room. 

FOR FURTHER INFORMATION CONTACT: Dr. 

Michael G. Raymond, U.S. Department 

of Energy, Building Technologies 

Program, Mail Stop EE–2J, Forrestal 

Building, 1000 Independence Avenue, 

SW., Washington, DC 20585–0121. 

Telephone: (202) 586–9611. E-mail: 

AS_Waiver_Requests@ee.doe.gov. 

Ms. Jennifer Tiedeman, 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) 287–6111. Email: Jennifer.Tiedeman@hq.doe.gov. 

SUPPLEMENTARY INFORMATION: 

I. Background and Authority 

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), added by Public Law 

95–619, Title V, § 441(a), 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). 

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 at issue in 

the waiver petition filed by Daikin range 

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

of this equipment is covered by 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). 

II. Petition for Waiver 

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 procedure 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 

procedure. 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 

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Federal Register / Vol. 76, No. 66 / Wednesday, April 6, 2011 / Notices 19071 

2 DOE notes that it has also previously granted 

interim waivers to Fujitsu (70 FR 5980 (Feb. 4, 

2005)), Samsung (70 FR 9629 (Feb. 28, 2005)), 

Mitsubishi (72 FR 17533 (April 9, 2007)), and 

Daikin (72 FR 35986 (July 2, 2007)), for comparable 

commercial multi-split air conditioners and heat 

pumps. 

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. 69 FR 52660 (August 27, 

2004) (Mitsubishi waiver); 72 FR 17528 

(April 9, 2007) (Mitsubishi waiver); 72 

FR 71387 (Dec. 17, 2007) (Samsung 

waiver); 72 FR 71383 (Dec. 17, 2007) 

(Fujitsu waiver); 73 FR 39680 (July 10, 

2008) Daikin waiver); 74 FR 15955 

(April 8, 2009) (Daikin waiver); 74 FR 

16193 (April 9, 2009) (Daikin waiver); 

74 FR 16373 (April 10, 2009) (Daikin 

waiver). 

The VRV III–PB multi-split heat pump 

systems have operational characteristics 

similar to the commercial multi-split 

products manufactured by Mitsubishi, 

Samsung, Fujitsu and Daikin. As 

indicated above, DOE has already 

granted waivers for this equipment. 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. 

III. Application for Interim Waiver 

On November 22, 2010, Daikin also 

submitted an application for an interim 

waiver. DOE has determined that 

Daikin’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 Daikin might experience 

absent a favorable determination on its 

application for an interim waiver. DOE 

understands, however, that if it did not 

issue an interim waiver, Daikin’s 

equipment would not be tested and 

rated for energy consumption on an 

equal basis with equivalent equipment 

for which DOE has previously granted 

waivers. This would place Daikin at a 

competitive disadvantage. Furthermore, 

DOE has determined that it appears 

likely that Daikin’s petition for waiver 

will be granted and that it is desirable 

for public policy reasons to grant Daikin 

immediate relief pending a 

determination on the petition for 

waiver. DOE believes that it is likely 

Daikin’s petition for waiver for the new 

VRV III–PB multi-split heat pump 

models will be granted because, as 

noted above, DOE has previously 

granted a number of waivers for similar 

product designs.2 The two principal 

reasons supporting the grant of the 

previous waivers also apply to Daikin’s 

VRV III–PB multi-split heat pump 

equipment: (1) Test laboratories cannot 

test equipment with so many indoor 

units; and (2) it is impractical to test so 

many combinations of indoor units with 

each outdoor unit. In addition, DOE 

believes that similar equipment should 

be tested and rated for energy 

consumption on a comparable basis. For 

these same reasons, DOE also 

determined that it is desirable for public 

policy reasons to grant immediate relief 

pending a determination on the petition 

for waiver. 

Therefore, it is ordered that: 

The application for interim waiver 

filed by Daikin is hereby granted for 

Daikin’s VRV III–PB multi-split heat 

pumps, subject to the specifications and 

conditions below. 

1. Daikin shall not be required to test 

or rate its VRV III–PB multi-split heat 

pump equipment on the basis of the 

existing test procedures under 10 CFR 

431.96, which incorporates by reference 

ARI 340/360–2004. 

2. Daikin shall be required to test and 

rate its VRV III–PB multi-split heat 

pump equipment according to the 

alternate test procedure as set forth in 

section IV(3), ‘‘Alternate test procedure.’’ 

The interim waiver applies to the 

following basic model groups: 

VRV III–PB multi-split heat pump 

series outdoor units: 

• 460V/3-phase/60 Hz 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 

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/60 Hz 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. 

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19072 Federal Register / Vol. 76, No. 66 / Wednesday, April 6, 2011 / Notices 

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 and 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. 

This interim waiver is issued on the 

condition that the statements, 

representations, and documents 

provided by the petitioner are valid. 

DOE may revoke or modify this interim 

waiver at any time if it determines the 

factual basis underlying the petition for 

waiver is incorrect or the results from 

the alternate test procedure are 

unrepresentative of the basic models’ 

true energy consumption characteristics. 

IV. Alternate Test Procedure 

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. 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 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. Daikin’s petition proposes that 

DOE apply ANSI/AHRI Standard 1230– 

2010 as the alternate test procedure to 

apply to itsVRV III–PB multi-split heat 

pump equipment as a condition of its 

requested waiver and interim waiver. 

The commercial multi-split waivers that 

DOE has granted to Mitsubishi and 

several other manufacturers do not 

conflict with ANSI/AHRI 1230–2010 

because DOE has taken the ANSI/AHRI 

standard into account in developing its 

multi-split alternate test procedure. 

Essentially, the waivers use a definition 

of ‘‘tested combination’’ that is not in 

ARI 340/360–2004, but is substantially 

the same as the definition in ANSI/ 

AHRI 1230–2010. 

The definition in AHRI 1230–2010 

reads: 

3.25 Tested Combination. A sample 

basic model comprised of units that are 

production units, or are representative 

of production units, of the basic model 

being tested. The tested combination 

shall have the following features: 

a. 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 5 indoor units (for 

systems with nominal cooling capacities 

greater than 150,000 Btu/h [43,846 W], 

the number of indoor units may be as 

high as 8 to be able to test non-ducted 

indoor unit combinations) 

b. The indoor units shall: 

b.1 Represent the highest sales model 

family as determined by type of indoor 

unit, e.g. ceiling cassette, wall-mounted, 

ceiling concealed, etc. If 5 are 

insufficient to reach capacity, another 

model family can be used for testing. 

b.2 Together, have a nominal cooling 

capacity between 95% and 105% of the 

nominal cooling capacity of the outdoor 

unit. 

b.3 Not, individually, have a nominal 

cooling capacity greater than 50% of the 

nominal cooling capacity of the outdoor 

unit, unless the nominal cooling 

capacity of the outdoor unit is 24,000 

Btu/h [7016 W] or less. 

b.4 Have a fan speed that is consistent 

with the manufacturer’s specifications. 

b.5 All 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. 

This is the alternate test procedure 

language used in the recent DOE 

waivers: 

(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: 

(i) 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. 

(ii) The indoor units shall: 

(a) Represent the highest sales model 

family, or another indoor model family 

if the highest sales model family does 

not provide sufficient capacity (see (b) 

below); 

(b) Together, have a nominal cooling 

capacity that is between 95 percent and 

105 percent of the nominal cooling 

capacity of the outdoor unit; 

(c) Not, individually, have a nominal 

cooling capacity greater than 50 percent 

of the nominal cooling capacity of the 

outdoor unit; 

(d) Operate at fan speeds that are 

consistent with the manufacturer’s 

specifications; and 

(e) 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. 

If the alternate test procedure 

approved today were confined to using 

the definition of ‘‘tested combination’’ in 

ANSI/AHRI 1230–2010, there would be 

no significant change from the multisplit waivers already granted. But 

Daikin has asked to use ANSI/AHRI 

1230–2010 as the entire alternate test 

procedure, which could introduce some 

additional changes from the previously 

granted waivers, which are based on 

ARI 340/360–2004 and the above ‘‘tested 

combination’’ definition. According to 

42 U.S.C. 6314(a)(4)(B), if an industry 

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Federal Register / Vol. 76, No. 66 / Wednesday, April 6, 2011 / Notices 19073 

test procedure reference in AS/HRAE 

90.1 is amended, the Secretary shall 

amend the test procedure for the 

product as necessary to be consistent 

with the amended industry test 

procedure. It is therefore likely that in 

the future, ANSI/ASHRAE 1230–2010 

will be the approved test procedure for 

this equipment, and DOE is considering 

prescribing it in the subsequent decision 

and order as the alternate test procedure 

for this Daikin waiver. For the interim 

waiver, DOE will continue to require the 

use of the alternate test procedure 

prescribed in the past multi-split 

waivers. 

Therefore, as a condition for granting 

this interim waiver to Daikin, DOE is 

including an alternate test procedure 

similar to those granted to Mitsubishi 

for its R22 and R410A units. This 

alternate test procedure will allow 

Daikin to test and make energy 

efficiency representations for its VRV 

III–PB multi-split heat pump 

equipment. DOE has applied a similar 

alternate test procedure to other waivers 

for similar residential and commercial 

central air conditioners and heat pumps 

manufactured by Mitsubishi (72 FR 

17528, April 9, 2007); Samsung (72 FR 

71387, Dec. 17, 2007); Fujitsu (72 FR 

71383, Dec. 17, 2007); Daikin (73 FR 

39680, July 10, 2008); Daikin (74 FR 

15955, April 8, 2009); Daikin (74 FR 

16193, April 9, 2009); Daikin (74 FR 

16373, April 10, 2009); Mitsubishi 

(74 FR 66315, December 15, 2009) and 

LG (74 FR 66330, December 15, 2009). 

The alternate test procedure 

developed in conjunction with the 

Mitsubishi waiver permits Daikin to 

designate a ‘‘tested combination’’ for 

each model of outdoor unit. The indoor 

units designated as part of the tested 

combination must meet specific 

requirements. For example, the tested 

combination must have between two 

and eight indoor units so that it can be 

tested in available test facilities. (The 

‘‘tested combination’’ was originally 

defined to consist of one outdoor unit 

matched with between two and five 

indoor units. The maximum number of 

indoor units in a tested combination is 

increased in this instance from five to 

eight to account for the fact that the 

larger-capacity equipment can 

accommodate a greater number of 

indoor units.) The tested combination 

must be tested according to the 

applicable DOE test procedure, as 

modified by the provisions of the 

alternate test procedure as set forth 

below. The alternate test procedure also 

allows manufacturers of such products 

to make valid and consistent 

representations of energy efficiency for 

their central air-conditioning and heat 

pump products. 

DOE is including the following waiver 

language in the interim waiver for 

Daikin’s VRV III–PB multi-split heat 

pump models: 

(1) The petition for interim waiver 

filed by DaikinAC (Americas) Inc. is 

hereby granted as set forth in the 

paragraphs below. 

(2) Daikin shall not be required to use 

existing test procedures to test or rate its 

VRV III–PB multi-split heat pump 

equipment listed above in section III, 

but shall be required to test and rate 

such equipment according to the 

alternate test procedure as set forth in 

paragraph (3). 

(3) Alternate test procedure. 

(A) Daikin shall be required to test the 

equipment listed in section III above 

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 a tested 

combination selected in accordance 

with the provisions of subparagraph (B) 

of this paragraph. For every other 

system combination using the same 

outdoor unit as the tested combination, 

Daikin shall make representations 

concerning the VRV III–PB multi-split 

heat pump equipment covered in this 

waiver according to the provisions of 

subparagraph (C) below. 

(B) Tested combination. The term 

tested combination means a sample 

basic model comprised of units that are 

production units, or are representative 

of production units, of the basic model 

being tested. For the purposes of this 

waiver, the tested combination shall 

have the following features: 

(1) The basic model of a variable 

refrigerant flow system used as a tested 

combination shall consist of one 

outdoor unit, with one or more 

compressors, that is matched with 

between two and five indoor units. (For 

systems with nominal cooling capacities 

greater than 150,000 Btu/h, as many as 

eight indoor units may be used, 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. 

(C) Representations. In making 

representations about the energy 

efficiency of its VRV III–PB multi-split 

heat pump equipment 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: 

(1) For VRV III–PB multi-split heat 

pump combinations tested in 

accordance with this alternate test 

procedure, Daikin may make 

representations based on these test 

results. 

(2) For VRV III–PB multi-split heat 

pump combinations that are not tested, 

Daikin may make representations of 

non-tested combinations at the same 

energy efficiency level as the tested 

combination. The outdoor unit must be 

the one used in the tested combination. 

The representations must be based on 

the test results for the tested 

combination. The representations may 

also be determined by an Alternative 

Rating Method approved by DOE. 

V. Summary and Request for Comments 

Through today’s notice, DOE 

announces receipt of the Daikin petition 

for waiver from the test procedure 

applicable to Daikin’s VRV III–PB multisplit heat pump equipment. For the 

reasons articulated above, DOE also 

grants Daikin an interim waiver from 

that procedure. As part of this notice, 

DOE is publishing Daikin’s petition for 

waiver in its entirety. The petition 

contains no confidential information. 

Furthermore, today’s notice includes an 

alternate test procedure that Daikin is 

required to follow as a condition of its 

interim waiver. In this alternate test 

procedure, DOE is defining a tested 

combination that Daikin could use in 

lieu of testing all retail combinations of 

its VRV III–PB multi-split heat pumps. 

DOE is considering including ANSI/ 

AHRI 1230–2010 as the alternate test 

procedure in its subsequent decision 

and order. 

DOE is interested in receiving 

comments on the issues addressed in 

this notice. Pursuant to 10 CFR 

431.401(d), any person submitting 

written comments must also send a 

copy of such comments to the 

petitioner, pursuant to 10 CFR 

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19074 Federal Register / Vol. 76, No. 66 / Wednesday, April 6, 2011 / Notices 

3The AHRI has updated this standard from 

version ARI 340/360–2004 to version AHRI 340– 

360–2007. However, DOE has not yet updated the 

reference to the standard in 10 CFR Part 431. 

431.401(d). The contact information for 

the petitioner is: Chris Bellshaw, 

Director of Product and Engineering, 

Daikin AC (Americas) Inc., 1645 

Wallace Drive, Suite 110, Carrollton, 

Texas 75006. All submissions received 

must include the agency name and case 

number for this proceeding. Submit 

electronic comments in WordPerfect, 

Microsoft Word, Portable Document 

Format (PDF), or text (American 

Standard Code for Information 

Interchange (ASCII)) file format and 

avoid the use of special characters or 

any form of encryption. Wherever 

possible, include the electronic 

signature of the author. DOE does not 

accept telefacsimiles (faxes). 

According to 10 CFR 1004.11, any 

person submitting information that he 

or she believes to be confidential and 

exempt by law from public disclosure 

should submit two copies: one copy of 

the document including all the 

information believed to be confidential, 

and one copy of the document with the 

information believed to be confidential 

deleted. DOE will make its own 

determination about the confidential 

status of the information and treat it 

according to its determination. 

Issued in Washington, DC, on March 30, 

2011. 

Kathleen Hogan, 

Deputy Assistant Secretary for Energy 

Efficiency, Office of Technology 

Development, Energy Efficiency and 

Renewable Energy. 

November 22, 2010 

Ms. Catherine Zoi 

Assistant Secretary for Energy Efficiency and 

Renewable Energy 

U.S. Department of Energy 

1000 Independence Ave, SW 

Washington, DC 20585–0121 

Re: Petition for Waiver of Test Procedure 

Dear Assistant Secretary Zoi: 

Daikin AC (Americas) Inc. (DACA) 

respectfully petitions the Department of 

Energy (DOE) pursuant to 10 CFR 

§ 431.401(a)(1) (2010) for a waiver of the test 

procedures applicable to commercial air 

conditioners and heat pumps, as established 

in 10 CFR § 431.96 (2010) and ARI Standard 

340/360–20043, for the Daikin VRV III–PB 

system. The specific models for which DACA 

requests this waiver in the Daikin VRV III– 

PB product class are listed below in this 

Petition. DACA seeks a waiver from the 

existing central air conditioner and central 

air conditioning heat pump test procedure for 

the listed Daikin VRV III–PB systems because 

the basic models contain design criteria that 

prevent testing of the basic models according 

to the prescribed test procedures. We are 

simultaneously requesting an interim waiver 

for the same systems pursuant to 10 CFR 

§ 431.401(a)(2) (2010). Daikin is 

simultaneously proposing that DOE establish 

AHRIStandard 1230 (2010) as the alternate 

test method for the Daikin VRV III–PB 

product class in association with the 

requested interim waiver and waiver. 

Background 

DACA is a leading manufacturer of variable 

speed and Variable Refrigerant Volume 

(VRV) zoning systems that DACA offers for 

sale in the North American market. These 

products combine advanced technologies 

such as high efficiency variable speed 

compressors and fan motors with electronic 

expansion valves and other devices to ensure 

peak operating performance of the overall 

system and to optimize energy efficiency. 

DACA has designed the VRV III–PB systems 

to operate in commercial applications, and 

this product class employs zoning to provide 

users with peak utility of the system and 

with significant energy savings compared to 

competing technologies. 

General Characteristics of DACA’s Air 

Cooled VRV III–PB Products 

DACA’s VRV III–PB system has the 

following characteristics and applications: 

• DACA’s VRV III–PB products are an air 

conditioning system that includes numerous 

individually controllable discrete indoor 

units. 

• The VRV III–PB system consists of multisplit, multi-zone units utilizing one or 

multiple outdoor units that serve up to sixty 

indoor units. 

• The VRV III–PB system employs variable 

speed technology that matches system 

capacity to the current load thereby utilizing 

the minimum amount of energy required for 

optimal system operation. 

• Due to its multi-zone applications, each 

VRV III indoor unit can be independently 

controlled with a local controller allowing 

the occupant to alter their environmental 

condition to meet their needs. Individually 

controlled system functions include 

temperature, fan speed and mode of 

operation. 

• The VRV III–PB system can efficiently 

operate the compressor at loads as small as 

7% of the rated capacity of the system, 

resulting in significant energy savings. 

• The VRV III–PB system employs variable 

speed indoor and outdoor high efficiency fan 

motors to precisely control operating 

pressures and airflow rates. 

• The VRV III–PB system uses 

electronically controlled expansion valves to 

precisely control refrigerant flow, superheat, 

sub-cooling, pump down functions and even 

oil flow throughout the system. 

Particular Basic Models for Which a Waiver 

Is Requested 

DACA requests a waiver from the test 

procedures for the following VRV III–PB 

basic model groups: 

• VRV III–PB 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 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. 

• 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: 

• FXAQ Series all mounted indoor units 

with nominal capacities of 7,500, 9,500, 

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

• FXLQ Series floor mounted indoor units 

with nominal capacities of 12,000, 18,000 

and 24,000Btu/hr. 

• FXNQ Series concealed floor mounted 

indoor units with nominal capacities of 

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

FXDQ Series low static ducted indoor units 

with nominal capacities of 7,500, 9,500, 

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

• 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. 

• FXMQ Series medium/high static ducted 

indoor units with nominal capacities of 

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Federal Register / Vol. 76, No. 66 / Wednesday, April 6, 2011 / Notices 19075 

2 DOE granted DACA a waiver for its VRV and 

VRV–S product lines on July 10, 2008. 73 Fed. Reg. 

39,680. DOE granted MEUS a waiver for its CITY 

MULTI VRFZ class of products.69 Fed. Reg. 52,660 

(August 27, 2004). DOE granted DACA a waiver for 

its VRV–WII product lines on January 7, 2008. 73 

Fed. Reg. 1,213. DOE granted DACA a waiver for 

its VRV–III–C product line on December 15, 2009. 

74 Fed. Reg. 66,324. DOE also granted DACA a 

waiver for its VRV–WIII products on January 29, 

2010. 75 Fed. Reg. 4,975. DOE granted DACA a 

waiver for its VRV–III systems on April 8, 2009. 74 

Fed. Reg. 15,955. 

7,500, 9,500, 12,000, 18,000, 24,000, 30,000, 

36,000, 48,000, 72,000 and 96,000 Btu/hr. 

• FXZQ Series recessed cassette indoor 

units with nominal capacities of 7,500, 9,500, 

12,000 and 18,000 Btu/hr. 

• FXFQ Series recessed cassette indoor 

units with nominal capacities of 9,500, 

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

48,000 Btu/hr. 

• FXHQ Series ceiling suspended indoor 

units with nominal capacities of 12,000, 

24,000 and 36,000 Btu/hr. 

• 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. 

• FXMQ–MF Series concealed ducted 

indoor units with nominal capacities of 

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

Design Characteristics Constituting the 

Grounds for DACA’s Petition 

DACA’s VRV III–PB Series product 

offering consists of multiple indoor 

units being connected to an air-cooled 

outdoor unit. The indoor units for these 

products are available in a very large 

number of potential configurations, 

including but not limited to the 

following: 4-Way Cassette, Wall 

Mounted, Ceiling Suspended, Floor 

Standing, Ceiling Concealed, and Multi 

Position AHU. DACA is currently 

developing additional indoor unit 

models for future market introduction. 

There are over one million 

combinations possible with the current 

DACA VRV III product offering. It is 

completely impractical for testing 

laboratories to test a product such as the 

VRV III–PB Series with multiple indoor 

units because of the astronomical 

number of potential system 

configurations. 

DACA’s VRV III–PB products share 

many of the design characteristics and 

features of DACA’s VRV–III, VRV–S, 

VRV III–C and VRV W–III product lines, 

and of Mitsubishi Electric and 

Electronics USA, Inc.’s (MEUS) CITY 

MULTI product class, for all of which 

DOE has previously granted waivers.2

Like the VRV–III products for which 

DOE granted a waiver, the VRV III–PB 

products use air to reject heat. The same 

testing constraints and limitations apply 

to all of these products. 

DOE stated the following in the notice 

granting DACA a waiver for VRV–III: 

DOE believes that the VRV–III Daikin 

equipment and equipment for which 

waivers have previously been granted 

are alike with respect to the factors that 

make them eligible for test procedure 

waivers. DOE is therefore granting to 

Daikin a VRV–III product waiver similar 

to the previous MEUS multi-split 

waivers. 

74 Fed. Reg. at 15,957. 

Manufacturers of Other Basic Models 

Incorporating Similar Design 

Characteristics 

The DACA VRV III–PB Series system 

operates in similar configurations as the 

VRV–III system. The reasons and 

rationale that DOE has already 

articulated to support previous DACA, 

MEUS, Sanyo, LG, Samsung and Fujitsu 

waivers for multi-split, multi-zoned air 

conditioners (including the DACA 

VRV–III system) also apply to the DACA 

VRV III–PB Series products. Therefore, 

DOE should conclude that the design 

characteristics of DACA’s VRV III–PB 

product class prevent testing of the 

basic VRV III–PB model according to the 

prescribed test procedures. 

Specific Testing Requirements Sought 

To Be Waived 

The test procedures from which 

DACA is requesting a waiver are ARI 

Standard 340/360–2004 These 

standards, which are applicable to large 

commercial and industrial unitary air 

conditioning and heat pump equipment, 

are referenced in Table 1 to 10 CFR 

§ 431.96, and are made applicable to 

Daikin’s large commercial air cooled 

VRV III–PB products in 10 CFR 

§ 431.96(a). 

Detailed Discussion of Need for 

Requested Waiver 

Although the capacity of Daikin’s 

VRV III–PB product class are within the 

scope of ARI 340/360–2004, the design 

characteristics of the VRV III–PB 

product class prevent testing of the 

basic model according to the prescribed 

test procedures. The testing procedures 

outlined in these standards do not 

provide for: 

• The testing of multi-split products 

when all connected indoor units 

physically cannot be located in a single 

room. 

• The operation of indoor units at 

several different static pressure ratings 

during a single test. 

• The precise number of part load 

tests that ARI Standard 340/360–2004 

requires for fully or infinitely variable 

speed products. 

DACA especially requires the 

requested waiver because ARI Standard 

340/360–2004 provide no direction or 

guidance about how to test systems with 

millions of combinations of indoor units 

configurable to a single outdoor unit. 

A further reason that DACA needs the 

requested waiver is that ARI Standard 

340/360–2004 does not provide a test 

method to measure part load 

performance of a system operating in 

simultaneous cooling and heating 

modes (i.e., performing both heating and 

cooling functions at the same time). 

Yet another problem that prevents 

testing of the VRV III–PB Series product 

class under these two standards, and 

another major reason why DACA 

requires the requested waiver, is the 

wide variety of indoor unit static 

pressure ratings available with these 

and other multi-split products. Testing 

facilities cannot effectively control 

multiple indoor static pressures as 

would be required to test many of the 

indoor unit combinations available. To 

accomplish such testing, a testing lab 

would be required to use a large number 

of test rooms simultaneously, and each 

test room would have to be networked 

into the data recording instrumentation. 

Also, extensive piping configurations 

would need to be routed throughout the 

various test rooms. This process would 

be extraordinarily expensive, and the 

logistical challenges presented by the 

testing might be insurmountable. 

Alternate Test Procedure 

DACA proposes that DOE apply AHRI 

Standard 1230–2010: Performance 

Rating of Variable Refrigerant Flow 

(VRF) Multi-Split Air-Conditioning and 

Heat Pump Equipment, as the alternate 

test procedure for DOE to apply to the 

covered VRV III–PB products as a 

condition of the requested waiver and 

interim waiver. The Air-Conditioning, 

Heating & Refrigeration Institute (AHRI) 

has recently adopted this standard. 

AHRI developed AHRI Standard 1230– 

2010 to apply to multi-split air 

conditioning and heat pump equipment 

like the VRV III–PB, and AHRI intends 

to eventually submit its Standard 1230– 

2010 to DOE for inclusion in 10 CFR 

Part 431 as the proposed test method for 

the product category that includes 

DACA’s VRV III–PB class. 

ASHRAE Standard 90.1 will 

incorporate AHRI Standard 1230–2010 

by reference effective January 1, 2011. 

Also, EPA has recognized Standard 

1230–2010 in the eligibility 

requirements (see: http:// 

www.energystar.gov/

index.cfm?c=lchvac.pr_crit_lchvac) for 

the Light Commercial EnergyStar 

category. Because DACA believes that 

AHRI Standard 1230–2010 will 

eventually become the applicable test 

standard for VRV III–PB products under 

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19076 Federal Register / Vol. 76, No. 66 / Wednesday, April 6, 2011 / Notices 

10 CFR Part 431, and because AHRI 

Standard 1230–2010 will adequately 

address all of the conditions that are 

causing DACA to request this testing 

waiver, DACA requests that DOE make 

AHRI Standard 1230–2010 immediately 

applicable to VRV III–PB as a term of a 

waiver and interim waiver. 

DOE can obtain a copy of AHRI 

Standard 1230–10 from the following 

web site: 

http://www.ahrinet.org/Content/

FindaStandard_218.aspx?Listing

_PK=1120 

Application for Interim Waiver 

DACA also hereby applies pursuant to 

10 CFR § 431.401(a)(2) for an interim 

waiver of the applicable test procedure 

requirements for the VRV III–PB 

product class models listed above. The 

basis for DACA’s Application for 

Interim Waiver follows. 

DACA is likely to succeed in its 

Petition for Waiver because there is no 

reasonable argument that ARI Standard 

340/360 can be properly applied to 

DACA’s VRV III–PB product class. As 

explained above in the DACA’s Petition 

for Waiver, the design characteristics of 

the VRV III–PB product class clearly 

prevent testing of the basic model 

according to the prescribed test 

procedures. The likelihood of DOE 

approving DACA’s Petition for Waiver is 

buttressed by the DOE’s history of 

approving previous waiver requests 

from DACA and from several other 

manufacturers for other products that 

are similar to the VRV III–PB product 

class, based on the same rationale put 

forth by DACA in this Petition for 

Waiver. See preceding discussion of 

waivers granted by DOE to MEUS, 

Fujitsu General, Sanyo Fisher (USA) 

Corp, LG Electronics, Inc., and 

Quietside Corporation (Samsung Air 

Conditioning). 

Additionally, DACA is likely to suffer 

economic hardship and competitive 

disadvantage if DOE does not grant its 

interim waiver request. DACA is now 

preparing to introduce its VRV III–PB 

product class in a matter of months. If 

we must wait for completion of the 

normal waiver consideration and 

issuance process, DACA will be forced 

to delay the opportunity to begin 

recouping through product sales its 

research, development and production 

costs associated with the VRV III–PB 

product class. In addition to these 

economic hardship costs, DACA will 

lose market share to MEUS, especially if 

DOE grants MEUS’ pending interim 

waiver application for its CITY MULTI 

R2 and Y product classes, which will 

compete directly with DACA’s VRV III– 

PB product class. 

DOE approval of DACA’s interim 

waiver application is also supported by 

sound public policy reasons. As DOE 

stated in its August 14, 2006 approval 

of DACA’s interim waiver for the VRV 

and VRV–S product classes: 

[I]n those instances where the likely 

success of the Petition for Waiver has 

been demonstrated, based upon DOE 

having granted a waiver for a similar 

product design, it is in the public 

interest to have similar products tested 

and rated for energy consumption on a 

comparable basis. 

The VRV III–PB product class will 

provide superior comfort to the end 

user, will allow for independent zoning 

of facilities, and will incorporate state of 

the art technology such as variable 

speed compressors utilizing neodymium 

magnets to increase efficiency and 

electronic control of compressor speed, 

fan speed and even metering device 

opening positions. The VRV III–PB 

product class includes technologies that 

will increase system efficiency and 

reduce national energy consumption, 

and that will also offer a new level of 

comfort and control to end users. 

DACA requests that DOE approve our 

Application for Interim Waiver so we 

can bring the new highly energy 

efficient technology represented by the 

VRV III–PB product class to the market 

as soon as possible, thereby allowing the 

U.S. consumer to benefit from our high 

technology and high efficiency product, 

and from competition for other 

manufacturers who may have already 

received waivers. 

Confidential Information 

DACA makes no request to DOE for 

confidential treatment of any 

information contained in this Petition 

for Waiver and Application for Interim 

Waiver. 

Conclusion 

Daikin AC (Americas) Inc. 

respectfully requests that DOE approve 

its Petition for Waiver of the applicable 

test procedure to DACA for the VRV III– 

PB product design, and to approve an 

approval for its Application for Interim 

Waiver. DOE’s failure to issue an 

interim waiver from test standards 

would cause significant economic 

hardship to DACA by preventing DACA 

from marketing these products even 

though DOE has previously granted a 

waiver to other products currently being 

offered in the market with similar 

design characteristics. 

We would be pleased to respond to 

any questions you may have regarding 

this Petition for Waiver and Application 

for Interim Waiver. Please contact Chris 

Bellshaw, Director of Product and 

Engineering at 972–245–1510 or by email at chris.bellshaw@daikinac.com if 

you have any questions. 

Sincerely, 

Akinori Atarashi 

President 

Daikin AC (Americas) Inc. 

1645 Wallace Drive 

Suite 110 

Carrollton, Texas 75006 

(Submitted in triplicate) 

I certify that DACA has sent copies of 

this Petition for Waiver from Testing 

Requirements to the following known 

manufacturers of domestically marked 

units of the same product type: 

Fujitsu General America, Inc.: 

Arturo Thur De Koos 

Engineering & Technical Support 

Fujitsu General America, Inc. 

353 Route 46 West 

Fairfield, NJ 07004 

LG Electronics USA, Inc.: 

John I. Taylor 

Vice President 

Government Relations and 

Communications 

LG Electronics USA, Inc. 

1776 K Street, NW 

Washington, DC 20006 

Mitsubishi Electric & Electronics USA, 

Inc.: 

William Rau 

Senior Vice President and General 

Manager 

Mitsubishi Electric & Electronics USA, 

Inc. 

4300 Lawrenceville-Suwanee Road 

Suwanee, GA 30024 

Samsung Air Conditioning: 

John Miles 

Vice President Sales & Engineering 

Quietside Corporation 

Samsung Air Conditioning 

8750 Pioneer Boulevard 

Santa Fe Springs, CA 90670 

Sanyo Fisher (USA) Corp.: 

Gary Nettinger 

Vice President, Technical and Service 

Sanyo Fisher (USA) Corp. 

1690 Roberts Blvd., Suite 110 

Kennesaw, GA 30144 

[FR Doc. 2011–8220 Filed 4–5–11; 8:45 am] 

BILLING CODE 6450–01–P 

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