31946 Federal Register / Vol. 76, No. 106 / Thursday, June 2, 2011 / Notices 

1For editorial reasons, upon codification in the 

U.S. Code, Parts B and C were re-designated as Parts 

A and A–1, respectively. 

Friday, July 1, 2011 

• Report from the Underground 

Science Committee. 

• Further Discussion on the Neutron 

Recommendations. 

• Public Comment (10-minute rule). 

Public Participation: The meeting is 

open to the public. If you would like to 

file a written statement with the 

Committee, you may do so either before 

or after the meeting. Individuals who 

wish to make oral statements pertaining 

to the agenda should contact Brenda L. 

May at (301) 903–0536 or by e-mail at: 

Brenda.May@science.doe.gov. Requests 

must be received five days prior to the 

meeting and reasonable provision will 

be made to include the presentation in 

the agenda. The Chairperson is 

empowered to conduct the meeting in a 

fashion that will facilitate the orderly 

conduct of business. Time allotted for 

individuals wishing to make public 

comments will depend on the number 

of individuals who wish to speak, but 

will not exceed 10 minutes. 

Minutes: The minutes of the meeting 

will be available for viewing within 60 

days on the Committee’s Web site: 

http://science.energy.gov/np/nsac/. 

Issued at Washington, DC on May 26, 2011. 

LaTanya R. Butler, 

Acting Deputy Committee Management 

Officer. 

[FR Doc. 2011–13685 Filed 6–1–11; 8:45 am] 

BILLING CODE 6450–01–P 

DEPARTMENT OF ENERGY 

Office of Energy Efficiency and 

Renewable Energy 

[Case No. CAC–033] 

Energy Conservation Program for 

Certain Industrial Equipment: 

Publication of the Petition for Waiver 

From Fujitsu General Limited and 

Granting of the Interim Waiver 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: 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 Fujitsu General Limited (Fujitsu). 

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 Fujitsu 

variable capacity AIRSTAGE V–II 

(commercial) multi-split heat pumps. 

Through this document, DOE: (1) 

Solicits comments, data, and 

information with respect to the Fujitsu 

petition; and (2) announces the grant of 

an interim waiver to Fujitsu from the 

existing DOE test procedure for the 

subject commercial multi-split air 

conditioners and heat pumps. 

DATES: DOE will accept comments, data, 

and information with respect to the 

Fujitsu petition until, but no later than 

July 5, 2011. 

ADDRESSES: You may submit comments, 

identified by case number ‘‘CAC–033,’’ 

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–033] in 

the subject line of the message. 

• Mail: Ms. Brenda Edwards, U.S. 

Department of Energy, Building 

Technologies Program, Mailstop EE–2J/ 

1000 Independence Avenue, SW., 

Washington, DC 20585–0121. 

Telephone: (202) 586–2945. Please 

submit one signed original paper copy. 

• Hand Delivery/Courier: Ms. Brenda 

Edwards, U.S. Department of Energy, 

Building Technologies Program, 950 

L’Enfant Plaza, SW., Suite 600, 

Washington, DC 20024. Please submit 

one signed original paper copy. 

Docket: For access to the docket to 

review the background documents 

relevant to this matter, you may visit the 

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

Plaza, SW. (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 and waivers 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. 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: 

I. Background and Authority 

Title III of the Energy Policy and 

Conservation Act (EPCA) sets forth a 

variety of provisions concerning energy 

efficiency, including Part B of Title III, 

which establishes the ‘‘Energy 

Conservation Program for Consumer 

Products Other Than Automobiles.’’ (42 

U.S.C. 6291–6309). Part C of Title III 

provides for a similar energy efficiency 

program titled ‘‘Certain Industrial 

Equipment,’’ which includes 

commercial air conditioning equipment, 

package boilers, water heaters, and other 

types of commercial equipment.1 (42 

U.S.C. 6311–6317). 

Today’s notice involves commercial 

equipment under Part C. 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 


emcdonald on DSK2BSOYB1PROD with NOTICES
Federal Register / Vol. 76, No. 106 / Thursday, June 2, 2011 / Notices 31947 

the statutory criteria set forth in 42 

U.S.C. 6314(a)(2) and (3). 

On December 8, 2006, DOE published 

a final rule adopting test procedures for 

commercial package air-conditioning 

and heating equipment, effective 

January 8, 2007. 71 FR 71340. Table 1 

to Title 10 of the Code of Federal 

Regulations (10 CFR) 431.96 directs 

manufacturers of commercial package 

air conditioning and heating equipment 

to use the appropriate procedure when 

measuring energy efficiency of those 

products. The cooling capacities of 

Fujitsu’s commercial AIRSTAGE V–II 

multi-split heat pump products at issue 

in the waiver petition filed by Fujitsu 

range from 72,000 Btu/h to 288,000 Btu/ 

h. All of these products are covered by 

ARI Standard 340/360–2004, which 

includes products 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 April 25, 2011, Fujitsu filed a 

petition for waiver from the test 

procedures 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 the Fujitsu 

AIRSTAGE V–II multi-split heat pumps 

range from 72,000Btu/hto 288,000Btu/h. 

The applicable test procedure is ARI 

340/360–2004. Manufacturers are 

directed to use this test procedure 

pursuant to Table 1 of 10 CFR 431.96. 

Fujitsu seeks a waiver from the 

applicable test procedures under 10 CFR 

431.96 on the grounds that its 

AIRSTAGE V–II multi-split heat pumps 

contain design characteristics that 

prevent testing according to the current 

DOE test procedures. Specifically, 

Fujitsu asserts that the two primary 

factors that prevent testing of its 

AIRSTAGE V–II multi-split variable 

speed products are the same factors 

stated in the waivers that DOE granted 

to Mitsubishi Electric & Electronics 

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). 

The AIRSTAGE V–II systems have 

operational characteristics similar to the 

commercial multi-split products 

manufactured by Mitsubishi, Samsung, 

Fujitsu, Sanyo and Daikin. As indicated 

above, DOE has already granted waivers 

for these products. The AIRSTAGE V– 

II system consists of multiple indoor 

units connected to one or multiple 

outdoor units. They have the capability 

of connecting the outdoor unit with up 

to 45 indoor units selected from 10 

chassis types with 43 basic models, 

giving these systems more than a 

million installation combinations. 

Consequently, Fujitsu requested that 

DOE grant a waiver from the applicable 

test procedures for its AIRSTAGE V–II 

product designs. 

III. Application for Interim Waiver 

On April 25, 2011, Fujitsualso 

submitted an application for an interim 

waiver from the test procedures at 10 

CFR 431.96 for its AIRSTAGE V–II 

equipment. DOE determined that 

Fujitsu’s application for interim waiver 

does not provide sufficient market, 

equipment price, shipments, and other 

manufacturer impact information to 

permit DOE to evaluate the economic 

hardship Fujitsu might experience 

absent a favorable determination on its 

application for an interim waiver. DOE 

understands, however, that if it did not 

issue an interim waiver, Fujitsu’s 

products would not be tested and rated 

for energy consumption in the same 

manner as equivalent products for 

which DOE previously granted waivers. 

Furthermore, DOE has determined that 

it appears likely that Fujitsu’s petition 

for waiver will be granted and that is 

desirable for public policy reasons to 

grant Fujitsu immediate relief pending a 

determination on the petition for 

waiver. DOE believes that it is likely 

Fujitsu’s petition for waiver for the new 

AIRSTAGE V–II multi-split models will 

be granted because, as noted above, DOE 

has previously granted a number of 

waivers for similar product designs. The 

two principal reasons supporting the 

grant of the previous waivers also apply 

to Fujitsu’s AIRSTAGE V–II products: 

(1) Test laboratories cannot test 

products with so many indoor units; 

and (2) it is impractical to test so many 

combinations of indoor units with each 

outdoor unit. In addition, DOE believes 

that similar products 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 Fujitsu is hereby granted for 

Fujitsu’s AIRSTAGE V–II multi-split 

heat pumps, subject to the specifications 

and conditions below. 

1. Fujitsu shall not be required to test 

or rate its AIRSTAGE V–II commercial 

multi-split products on the basis of the 

existing test procedures under 10 CFR 

431.96, which incorporates by reference 

ARI 340/360–2004. 

2. Fujitsu shall be required to test and 

rate its AIRSTAGE V–II commercial 

multi-split products 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: 


emcdonald on DSK2BSOYB1PROD with NOTICES
31948 Federal Register / Vol. 76, No. 106 / Thursday, June 2, 2011 / Notices 

Outdoor units, 208/230Vac, 3-phase, 

60Hz, Air-Source Heat pump models: 

Stand alone models: 

AOUA72RLBV and AOUA96RLBV 

with nominal cooling capacities of 

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

Add-on system models (Module models) 

AOUA144RLBVG ...................................................................................................... (AOUA72RLBV + AOUA72RLBV) 

AOUA168RLBVG ...................................................................................................... (AOUA72RLBV + AOUA96RLBV) 

AOUA192RLBVG ...................................................................................................... (AOUA96RLBV + AOUA96RLBV) 

AOUA216RLBVG ...................................................................................................... (AOUA72RLBV + AOUA72RLBV + AOUA72RLBV) 

AOUA240RLBVG ...................................................................................................... (AOUA72RLBV + AOUA72RLBV + AOUA96RLBV) 

AOUA288RLBVG ...................................................................................................... (AOUA96RLBV + AOUA96RLBV + AOUA96RLBV) 

With nominal cooling capacities of 

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

240,000 and 288,000 Btu/hr 

respectively. 

Compatible indoor units for the above 

listed outdoor units: 

Compact cassette: 

AUUA7RLAV, AUUA9RLAV, 

AUUA12RLAV, AUUA14RLAV, 

AUUA18RLAV and AUUA24RLAV with 

nominal cooling capacities of 7,500, 

9,500, 12,000, 14,000, 18,000 and 24,000 

Btu/hr respectively. 

Cassette: 

AUUB30RLAV and AUUB36RLAV 

with nominal cooling capacities of 

30,000 and 36,000 Btu/hr respectively. 

Slim cassette: 

AUUB18RLAV and AUUB24RLAV 

with nominal cooling capacities of 

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

Compact wall mounted: 

ASUA7RLAV, ASUE7RLAV, 

ASUA9RLAV, ASUE9RLAV, 

ASUA12RLAV, ASUE12RLAV, 

ASUA14RLAV and ASUE14RLAV with 

nominal cooling capacities of 7,500, 

7,500, 9,500, 9,500, 12,000, 12,000, 

14,000 and 14,000 Btu/hr respectively. 

Wall mounted: 

ASUB18RLAV and ASUB24RLAV 

with nominal cooling capacities of 

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

Floor/Ceiling (Universal): 

ABUA12RLAV, ABUA14RLAV, 

ABUA18RLAV and ABUA24RLAV with 

nominal cooling capacities of 12,000, 

14,000, 18,000, 24,000 Btu/hr 

respectively. 

Ceiling: 

ABUA30RLAV and ABUA36RLAV 

with nominal cooling capacities of 

30,000 and 36,000 Btu/hr respectively. 

Slim duct: 

ARUL7RLAV, ARUL9RLAV, 

ARUL12RLAV, ARUL14RLAV and 

ARUL18RLAV with nominal cooling 

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

14,000 and 18,000 Btu/hr respectively. 

Middle static pressure duct:: 

ARUM24RLAV, ARUM30RLAV, 

ARUM36RLAV, ARUM48RLAV and 

ARUM54RLAV with nominal cooling 

capacities of 24,000, 30,000, 36,000, 

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

High static pressure duct: 

ARUH36RLAV, ARUH48RLAV, 

ARUH54RLAV, ARUH60RLAV, 

ARUH72RLAV, ARUH90RLAV and 

ARUH96RLAV with nominal cooling 

capacities of 36,000, 48,000, 60,000, 

72,000, 90,000 and 96,000 Btu/hr 

respectively. 

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. 

DOE makes decisions on waivers and 

interim waivers for only those models 

specifically set out in the petition, not 

future models that may be manufactured 

by the petitioner. Fujitsu may submit a 

new or amended petition for waiver and 

request for grant of interim waiver, as 

appropriate, for additional models of 

commercial package air conditioners 

and heat pumps for which it seeks a 

waiver from the DOE test procedure. In 

addition, DOE notes that grant of an 

interim waiver or waiver does not 

release a petitioner from the 

certification requirements set forth at 10 

CFR Part 429. 

IV. Alternate Test Procedure 

In responses to two petitions for 

waiver from Mitsubishi, DOE specified 

an alternate test procedure to provide a 

basis from which Mitsubishi could test 

and make valid energy efficiency 

representations for its R410A CITY 

MULTI products, as well as for its R22 

multi-split products. Alternate test 

procedures related to the Mitsubishi 

petitions were published in the Federal 

Register on April 9, 2007. See 72 FR 

17528 and 72 FR 17533. For reasons 

similar to those published in these prior 

notices, DOE believes that an alternate 

test procedure is appropriate in this 

instance. 

DOE understands that existing testing 

facilities have limited ability to test 

multiple indoor units simultaneously. 

This limitation makes it impractical for 

manufacturers to test the large number 

of possible combinations of indoor and 

outdoor units for some variable 

refrigerant flow zoned systems. We 

further note that after DOE granted a 

waiver for Mitsubishi’s R22 multi-split 

products, ARI formed a committee to 

discuss testing issues and to develop 

atesting protocol for variable refrigerant 

flow systems. The committee has 

developed a test procedure which has 

been adopted by AHRI—‘‘ANSI/AHRI 

1230—2010: Performance Rating of 

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

Equipment’’ and incorporated into 

ASHRAE 90.1—2010. The commercial 

multisplit waivers that DOE has granted 

to Mitsubishi and several other 

manufacturers and the alternate test 

procedure set forth in those waivers are 

consistent with ANSI/AHRI 1230–2010. 

The waivers use a definition of ‘‘tested 

combination’’ that is substantially the 

same as the definition in ANSI/AHRI 

1230–2010. As a result, DOE is 

considering prescribing ANSI/AHRI 

1230–2010 in the subsequent decision 

and order as the alternate test procedure 

for this Fujitsu waiver. For the interim 

waiver, however, DOE will continue to 

require the use of the alternate test 

procedure prescribed in the past 

multisplit waivers. 

Therefore, as a condition forgranting 

this interim waiver to Fujitsu, DOE is 

including an alternate test procedure 

similar to those granted to Mitsubishi 

for its R22 and R410A products. This 

alternate test procedure will allow 

Fujitsu to test and make energy 

efficiency representations for its 

AIRSTAGE V–II products. DOE has 

applied a similar alternate test 

procedure to other waivers for similar 

residential and commercial central air 

conditioners and heat pumps 

manufactured by a number of other 

manufacturers. 


emcdonald on DSK2BSOYB1PROD with NOTICES
Federal Register / Vol. 76, No. 106 / Thursday, June 2, 2011 / Notices 31949 

The alternate test procedure 

developed in conjunction with the 

Mitsubishi waiver permits Fujitsu 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 from two to 

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 2 and 5 indoor 

units. The maximum number of indoor 

units in a tested combination is 

increased in this instance from 5 to 8 to 

account for the fact that these largercapacity products 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 airconditioning and heat pump products. 

DOE is including the following waiver 

language in the interim waiver for 

Fujitsu’s AIRSTAGE V–II commercial 

multi-split water-source heat pump 

models: 

1. Fujitsu shall not be required to test 

or rate its AIRSTAGE V–II commercial 

multi-split heat pumps according to the 

existing test procedures under Table 1 

of 10 CFR 431.96, which incorporates by 

reference the Air-Conditioning and 

Refrigeration Institute (ARI) Standard 

340/360–2004. Fujitsu will be required, 

however, to test and rate its AIRSTAGE 

V–II commercial multi-split heat pumps 

covered in this waiver according to the 

alternate test procedure as set forth 

below: 

2. Alternate test procedure. 

(A) Fujitsu shall be required to test 

the products listed above according to 

the test procedures for central air 

conditioners and heat pumps prescribed 

by DOE at 10 CFR 431.96, except that 

Fujitsu 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, Fujitsu 

shall make representations concerning 

the AIRSTAGE V–II products 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, toenable 

testing of 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. 

3. Representations. In making 

representations about the energy 

efficiency of its AIRSTAGE V–II variable 

capacity multi-split heat pump products 

for compliance, marketing, or other 

purposes, Fujitsu must fairly disclose 

the results of testing under the DOE test 

procedurein a manner consistent with 

the provisions outlined below: 

(1) For AIRSTAGE V–II combinations 

tested in accordance with this alternate 

test procedure, Fujitsumay make 

representations based on these test 

results. 

(2) For AIRSTAGE V–II combinations 

that are not tested, Fujitsumay make 

representations of non-tested 

combinations at the same energy 

efficiency level as the tested 

combination. The outdoor unitmust be 

the one used in 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 Fujitsu petition 

for waiver from the test procedures 

applicable to Fujitsu’s AIRSTAGE V–II 

commercial multi-split heat pump 

products. For the reasons articulated 

above, DOE also grants Fujitsu an 

interim waiver from those procedures. 

As part of this notice, DOE publishes 

Fujitsu’s petition for waiver in its 

entirety. The petition contains no 

confidential information. Furthermore, 

today’s notice includes an alternate test 

procedure that Fujitsu is required to 

follow as a condition of its interim 

waiver.In this alternate test procedure, 

DOE is defining a tested combination 

that Fujitsu could use in lieu of testing 

all retail combinations of its AIRSTAGE 

V–II multi-split heat pump products. 

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 

431.401(d). The contact information for 

the petitioner is: Masami Kato, Manager, 

Engineering Attestation Administration 

Department, Air Conditioner 

Administration Division, FUJITSU 

General Limited, 1116 Suenaga, 

Takatsu-ku, Kawasaki 213–8502, Japan. 

All submissions received must include 

the agency name and case number for 

this proceeding. Submit electronic 

comments in WordPerfect, Microsoft 

Word, Portable Document Format (PDF), 

or text (American Standard Code for 

Information Interchange (ASCII)) file 

format and avoid the use of special 

characters or any form of encryption. 

Wherever possible, include the 

electronic signature of the author. DOE 

does not accept telefacsimiles (faxes). 

According to 10 CFR 1004.11, any 

person submitting information that he 

or she believes to be confidential and 

exempt by law from public disclosure 

should submit two copies: One copy of 

the document including all the 

information believed to be confidential, 

and one copy of the document with the 

information believed to be confidential 

deleted. DOE will make its own 

determination about the confidential 

status of the information and treat it 

according to its determination. 

Issued in Washington, DC, on May 26, 

2011. 

Kathleen Hogan, 

Deputy Assistant Secretary for Energy 

Efficiency, Office of Technology 

Development, Energy Efficiency and 

Renewable Energy. 

April 25, 2011 

The Honorable Dr. Henry Kelly 

Acting Assistant Secretary and Principal 

Deputy Assistant Secretary for the Office of 

Energy Efficiency and Renewable Energy 

U.S. Department of Energy 1000 

Independence Ave, SW., Washington, 


emcdonald on DSK2BSOYB1PROD with NOTICES
31950 Federal Register / Vol. 76, No. 106 / Thursday, June 2, 2011 / Notices 

DC 20585–0121 

Re: Petition for Waiver and Application for 

Interim Waiver of Test Procedure 

Dear Assistant Secretary Kelly: 

Pursuant to 10 CFR 431. 401(a)(1), Fujitsu 

General Limited (FUJITSU) established in 

Japan, respectfully submits Petition for 

Waiver from test procedure at 10 CFR 431.96, 

i.e., ARI Standard 340/360–2004, applicable 

to commercial package air source central air 

conditioners and heat pumps for the 

FUJITSU’s AIRSTAGE V–IIsystem, Variable 

Refrigerant Flow (VRF) Multi-Split Systems, 

because the basic model contains design 

characteristics which prevent testing of the 

basic model according to the prescribed test 

procedures. 

FUJITSU also submits an application for 

interim waiver of the applicable test 

procedure for the same systems pursuant to 

10 CFR 431. 401(a)(2). 

1. Background 

On June 14, 2004, FUJITSU submitted a 

Petition for Waiver from the test procedures 

applicable to its AIRSTAGE product line of 

residential and light commercial products 

because the design characteristics of these 

models prevented testing according to the 

currently prescribed test procedures. 

Specifically, these models can connect an 

outdoor unit to many more indoor units than 

the test laboratories can physically test at one 

time, and it is not practical to test all of the 

potentially available combinations. 

After consideration of all the materials 

submitted by FUJITSU, DOE classified its 

AIRSTAGE products as ‘‘consumer products’’ 

because: 

• AIRSTAGE product line at issue 

involved single-phase equipment for both 

residential and light commercial use and 

there was no DOE test procedure for singlephase, small commercial package airconditioning and heating equipment, no 

waiver was required for FUJITSU’s singlephase commercial AIRSTAGE products. 

• Nonetheless, a significant extent, they 

were for personal use or consumption by 

individuals (given their frequent residential 

applications). (42 U.S.C. 6291(1)(B)) Thus, 

the FUJITSU’s AIRSTAGE product line 

required a waiver from DOE’s test procedure 

for residential central air conditioners and 

heat pumps, under 10 CFR part 430, subpart 

B, Appendix M. 

On December 17, 2007, DOE granted the 

requested waiver because there was the 

problem of being physically unable to test 

most of the complete systems in a laboratory. 

The waiver included an alternate test 

procedure pursuant to which FUJITSU must 

test and rate the products covered by the 

waiver. 72 FR 14858 (December17, 2007). 

Today, FUJITSUsubmits a Petition for 

Waiver from the test procedures applicable to 

its AIRSTAGE product line of commercial (3- 

phase) VRF multi-split ‘‘AIRSTAGE V–II’’. 

2. The Design Characteristics 

FUJITSU’s AIRSTAGE V–II system has the 

following design characteristics and 

applications: 

• Consists of multi-split, multi-zone units 

utilizing one ormultiple outdoor units (Addon system) that have the capability of 

connecting the outdoor unit with up to 45 

indoor units selected from 10 chassis types 

with 43 basic models (listed in item 3. 

Identification of the particular basic models 

for which a waiver is requested), giving these 

systems more than million installation 

combinations. 

• The compressor is capable of reducing 

its operating capacity to as little as 10% of 

its rated capacity. Zone diversity enables 

AIRSTAGE V–II to have a total connected 

indoor unit capacity of up to 150% of the 

capacity of the outdoor unit. 

• The operating characteristics allow each 

indoor unit can be independently controlled 

and to have a different set temperature and 

a different mode of operation (i.e. on/off/fan). 

• Equip with variable speed indoor and 

outdoor high efficiency fan motors to 

precisely control operating pressures and 

airflow rates. 

• Piping connections are made by outdoor 

unit branch kit, separation tube and/or 

header. Actual piping length150m maximum 

allows for application in a wide variety 

buildings. Height difference between outdoor 

and indoor units 50m maximum and indoor 

and indoor units 15m maximum. 

• Uses electronically controlled expansion 

valves to precisely control refrigerant flow, 

superheat, sub-cooling, pump down 

functions and even oil flow throughout the 

system. 

3. Identification of the Particular Basic 

Models for Which a Waiver Is Requested: 

We seek a waiver from the test procedures 

for the following AIRSTAGE V–II basic 

models; 

Outdoor units, 208/230Vac, 3-phase, 60Hz, 

Air-Source Heat pump models: 

Standalone models AOUA72RLBV and 

AOUA96RLBV with nominal cooling 

capacities of 72,000 and 96,000 Btu/hr 

respectively. 

Add-on system models (Module models) 

AOUA144RLBVG ...................................................................................................... (AOUA72RLBV + AOUA72RLBV) 

AOUA168RLBVG ...................................................................................................... (AOUA72RLBV + AOUA96RLBV) 

AOUA192RLBVG ...................................................................................................... (AOUA96RLBV + AOUA96RLBV) 

AOUA216RLBVG ...................................................................................................... (AOUA72RLBV + AOUA72RLBV + AOUA72RLBV) 

AOUA240RLBVG ...................................................................................................... (AOUA72RLBV + AOUA72RLBV + AOUA96RLBV) 

AOUA288RLBVG ...................................................................................................... (AOUA96RLBV + AOUA96RLBV + AOUA96RLBV) 

with nominal cooling capacities of 144,000, 

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

288,000 Btu/hr respectively. 

Compatible indoor units for the above 

listed outdoor units: 

Compact cassette: 

AUUA7RLAV, AUUA9RLAV, 

AUUA12RLAV, AUUA14RLAV, 

AUUA18RLAV and AUUA24RLAV with 

nominal cooling capacities of 7,500, 9,500, 

12,000, 14,000, 18,000 and 24,000 Btu/hr 

respectively. 

Cassette: 

AUUB30RLAV and AUUB36RLAV with 

nominal cooling capacities of 30,000 and 

36,000 Btu/hr respectively. 

Slim cassette: 

AUUB18RLAV and AUUB24RLAV with 

nominal cooling capacities of 18,000 and 

24,000 Btu/hr respectively. 

Compact wall mounted: 

ASUA7RLAV, ASUE7RLAV, 

ASUA9RLAV, ASUE9RLAV, ASUA12RLAV, 

ASUE12RLAV, ASUA14RLAV and 

ASUE14RLAV with nominal cooling 

capacities of 7,500, 7,500, 9,500, 9,500, 

12,000, 12,000, 14,000 and 14,000 Btu/hr 

respectively. 

Wall mounted: 

ASUB18RLAV and ASUB24RLAV with 

nominal cooling capacities of 18,000 and 

24,000 Btu/hr respectively. 

Floor/Ceiling (Universal): 

ABUA12RLAV, ABUA14RLAV, 

ABUA18RLAV and ABUA24RLAV with 

nominal cooling capacities of 12,000, 14,000, 

18,000, 24,000 Btu/hr respectively. 

Ceiling: 

ABUA30RLAV and ABUA36RLAV with 

nominal cooling capacities of 30,000 and 

36,000 Btu/hr respectively. 

Slim duct: 

ARUL7RLAV, ARUL9RLAV, 

ARUL12RLAV, ARUL14RLAV and 

ARUL18RLAV with nominal cooling 

capacities of 7,500, 9,500, 12,000, 14,000 and 

18,000 Btu/hr respectively. 

Middle staticpressure duct: 

ARUM24RLAV, ARUM30RLAV, 

ARUM36RLAV, ARUM48RLAV and 

ARUM54RLAV with nominal cooling 

capacities of 24,000, 30,000, 36,000, 48,000 

and 54,000 Btu/hr respectively. 

High staticpressure duct: 

ARUH36RLAV, ARUH48RLAV, 

ARUH54RLAV, ARUH60RLAV, 

ARUH72RLAV, ARUH90RLAV and 

ARUH96RLAV with nominal cooling 

capacities of 36,000, 48,000, 60,000, 72,000, 

90,000 and 96,000 Btu/hr respectively. 

4. Design Characteristics Constituting the 

Grounds for the Petition 

FUJITSU seek a waiver from the applicable 

test procedures under 10 CFR 431.96 on the 

grounds that its AIRSTAGE V–II multi-split 

contain design characteristics that prevent 

testing according to the current DOE test 

procedures. Specifically, FUJITSU assert that 

the two primary factors that prevent testing 

of its AIRSTAGE V–II products are the same 

factors stated in the waivers that DOE granted 


emcdonald on DSK2BSOYB1PROD with NOTICES
Federal Register / Vol. 76, No. 106 / Thursday, June 2, 2011 / Notices 31951 

to Mitsubishi Electric & Electronics USA, Inc. 

(Mitsubishi) and other manufacturers for 

similar lines of commercial multi-split 

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. 

Mitsubishi (69 FR 52660, August 27, 2004); 

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 66311, 

66315, December 15, 2009); LG (74 FR66330, 

December 15, 2009); Daikin (75 FR 22581, 

April 29, 2010); Daikin (75 FR 25224, May 7, 

2010) and Sanyo (75 FR 41845, July 19, 2010) 

5. The Specific Requirements Sought To Be 

Waived 

FUJITSU seeks a waiver from the test 

procedures at 10 CFR 431.96 applicable to 

commercial package air source central air 

conditioners and heat pumps. 

Specially, the applicable test procedure of 

ARI 340/360–2004 for AIRSTAGE V–II 

products listed in Item 3. Identification of the 

particular basic models for which a waiver is 

requested. 

6. Identity of the Manufacturers of All Other 

Basic Models: 

The FUJITSU’s AIRSTAGE V–II systems 

incorporate similar design characteristics and 

configuration as those as VRF Multi-Split 

Systems being marketed in the United States 

by Mitsubishi Electric and Electronics USA 

Inc., Samsung Air Conditioning, Daikin AC 

(America), Inc., SANYO North America 

Corp., LG Electronics U.S.A., Inc. and Carrier 

Corp. 

7. Alternate Test Procedures 

FUJITSU requests that DOE adopt ANSI/ 

AHRI Standard 1230–2010, Performance 

Rating of Variable Refrigerant Flow (VRF) 

Multi-Split Air-Conditioning and Heat Pump 

Equipment Standard as an alternate test 

procedure. 

AHRI 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 

AHRI—‘‘ANSI/AHRI 1230–2010: 

Performance Rating of Variable Refrigerant 

Flow (VRF) Multi-Split Air-Conditioning and 

Heat Pump Equipment’’ and incorporated 

into ANSI/ASHRAE/IES Standard 90.1–2010. 

In addition, ENERGY STAR has adopted 

AHRI 1230–2010 as test methods for Light 

Commercial Heating and Cooling Equipment. 

The commercial multi-split waivers that 

DOE has granted to Mitsubishi and several 

other manufacturers and the alternate test 

procedure set forth in those waivers are 

consistent with ANSI/AHRI 1230—2010.The 

waivers use a definition of ‘‘tested 

combination’’ that is substantially the same as 

the definition in ANSI/AHRI 1230—2010. 

Thus, DOE is considering prescribing ANSI/ 

AHRI 1230—2010 in the subsequent decision 

and order as the alternate test procedure for 

these waivers. 

Mitsubishi (76 FR 19078, April 6, 2011), 

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

Carrie (76 FR 19759, April 8, 2011). 

8. Application for Interim Waiver 

Pursuant to 10 CFR 431. 401(a)(2), 

FUJITSU also submits an Application for 

Interim Waiver of the applicable test 

procedure requirements for the same systems 

listed in item 3. Identification of the 

particular basic models for which a waiver is 

requested. The basis for Application for 

Interim Waiver is as follows: 

FUJITSU believes that it is likely FUJITSU 

petition for waiver for the AIRSTAGE V–II 

multi-split heat pump models will be granted 

because, as noted item 4. Design 

characteristics constituting the grounds for 

the petition, DOE has previously granted a 

number of waivers for similar product 

designs based on two principal reasons 

below; 

(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. 

FUJITSU would make it clear that delay in 

receiving a waiver are providing our 

competitor Mitsubishi Electric and 

Electronics USA Inc., Samsung Air 

Conditioning, Daikin AC (America), Inc., 

SANYO North America Corp., LG Electronics 

U.S.A., Inc. and Carrier Corp. with an unfair 

advantage over our entrance into the market 

place by not offering a uniform waiver and 

they show preferential treatment and make 

us competitive disadvantage in marketing. 

As FUJITSU’sAIRSTAGE V–II products are 

quite similar to these Mitsubishi CITY 

MULTI products and other manufacturers 

products, there is no particular reason for 

DOE to hesitate a waiver to our case. 

9. Confidential Information 

FUJITSU makes no request to DOE 

regarding the confidential treatment of any 

information contained in this Petition for 

Waiver and Application for interim Waiver. 

10. Conclusion 

FUJITSU respectfully requests DOE to 

grant its Petition for Waiver and Application 

for Interim Waiver of the applicable test 

procedure to FUJITSU’s AIRSTAGE V–II 

multi-split heat pumps. 

If we can provide further information, or if 

it would be helpful to discuss any of this 

matter further, please contact Mr. Roy 

Kuczera, Senior Vice President, FUJITSU 

General America, Inc. 353 Route 46 W., 

Fairfield, N.J. 07004 U.S.A. Phone (973) 575– 

0380 or undersigned. 

Yours very truly, 

Masami Kato, 

Manager, Engineering Attestation 

Administration Department Air Conditioner 

Administration Division. 

FUJITSU General Limited, 

1116 Suenaga, Takatsu-ku, Kawasaki 213– 

8502, Japan, Phone +81(44)861–7638. 

[FR Doc. 2011–13659 Filed 6–1–11; 8:45 am] 

BILLING CODE 6450–01–P 

DEPARTMENT OF ENERGY 

Office of Energy Efficiency and 

Renewable Energy 

[Case No. CAC–031] 

Energy Conservation Program for 

Certain Commercial and Industrial 

Equipment: Decision and Order 

Granting a Waiver to Carrier 

Corporation 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–031, which 

grants Carrier Corporation (Carrier) 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 Carrier Super 

Modular Multi-System (SMMSi) 

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

condition of this waiver, Carrier must 

use the alternate test procedure set forth 

in this notice to test and rate its SMMSi 

VRF multi-split commercial heat 

pumps. 

DATES: This Decision and Order is 

effective June 2, 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 General Counsel, 

Mail Stop GC–71, 1000 Independence 

Avenue, SW., Washington, DC 20585– 

0103, (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 Carrier a waiver from 

the existing DOE commercial package 

air conditioner and heat pump test 

procedures for its SMMSi VRF multisplit products. Carrier must use the 

alternate test procedure provided in this 

notice (American National Standards 

Institute/Air-Conditioning, Heating and 

Refrigeration Institute (ANSI/AHRI) 


emcdonald on DSK2BSOYB1PROD with NOTICES