[Federal Register Volume 77, Number 43 (Monday, March 5, 2012)]
[Notices]
[Pages 13104-13107]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-5227]


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DEPARTMENT OF ENERGY

Office of Energy Efficiency and Renewable Energy

[Case No. CAC-040]


Decision and Order Amending a Waiver Granted to Fujitsu General 
America, Inc. From the Department of Energy Commercial Package Air 
Conditioner and Heat Pump Test Procedures

AGENCY: Office of Energy Efficiency and Renewable Energy, Department of 
Energy.

ACTION: Decision and Order.

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SUMMARY: This notice publishes the U.S. Department of Energy's (DOE) 
Decision and Order in Case No. CAC-040, which amends the current waiver 
applicable to Fujitsu's Airstage V-II products to require the use of 
Air-conditioning, Heating and Refrigeration Institute 1230 (AHRI) as 
the alternative test procedure.

DATES: This Decision and Order is effective March 5, 2012.

FOR FURTHER INFORMATION CONTACT: Mr. Bryan Berringer, U.S. Department 
of Energy, Building Technologies Program, Mailstop EE-2J, 1000 
Independence Avenue SW., Washington, DC 20585-0121. Telephone: (202) 
586-0371. Email: <a href="/cdn-cgi/l/email-protection#01437378606f2f43647373686f6664734164642f656e642f666e77"><span class="__cf_email__" data-cfemail="c082b2b9a1aeee82a5b2b2a9aea7a5b280a5a5eea4afa5eea7afb6">[email protected]</span></a>.
    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.Tiedemanmailto:@hq.doe.gov.

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

    Issued in Washington, DC, on February 28, 2012.
Kathleen B. Hogan,
Deputy Assistant Secretary for Energy Efficiency, Energy Efficiency and 
Renewable Energy.

Decision and Order

    In the Matter of: Fujitsu General America, Inc. (Fujitsu) (Case No. 
CAC-040).

[[Page 13105]]

Background

    Title III, Part C of the Energy Policy and Conservation Act of 1975 
(EPCA), Public Law 94-163 (42 U.S.C. 6311-6317), established the Energy 
Conservation Program for certain industrial equipment, which includes 
commercial air conditioning equipment, the focus of this decision and 
order.\1\ Part C specifically includes definitions (42 U.S.C. 6311), 
test procedures (42 U.S.C. 6314), labeling provisions (42 U.S.C. 6315), 
energy conservation standards (42 U.S.C. 6313), and the authority to 
require information and reports from manufacturers (42 U.S.C. 6316). 
With respect to test procedures, Part C authorizes the Secretary of 
Energy (the Secretary) to prescribe test procedures that are reasonably 
designed to produce results that measure energy efficiency, energy use, 
and estimated annual operating costs, and that are not unduly 
burdensome to conduct. (42 U.S.C. 6314(a)(2))
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    \1\ For editorial reasons, upon codification in the U.S. Code, 
Part C was re-designated Part A-1.
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    For commercial package air-conditioning and heating equipment, EPCA 
provides that ``the test procedures shall be those generally accepted 
industry testing procedures or rating procedures developed or 
recognized by the Air-Conditioning and Refrigeration Institute [ARI] or 
by the American Society of Heating, Refrigerating and Air-Conditioning 
Engineers [ASHRAE], as referenced in ASHRAE/IES Standard 90.1 and in 
effect on June 30, 1992.'' (42 U.S.C. 6314(a)(4)(A)) Under 42 U.S.C. 
6314(a)(4)(B), if the industry test procedure for commercial package 
air-conditioning and heating equipment is amended, EPCA directs the 
Secretary to amend the corresponding DOE test procedure unless the 
Secretary determines, by rule and based on clear and convincing 
evidence, that such a modified test procedure does not meet the 
statutory criteria set forth in 42 U.S.C. 6314(a)(2) and (3).
    On December 8, 2006, DOE published a final rule adopting test 
procedures for commercial package air-conditioning and heating 
equipment, effective January 8, 2007. 71 FR 71340. Table 1 to Title 10 
of the Code of Federal Regulations (10 CFR) 431.96 directs 
manufacturers of commercial package air conditioning and heating 
equipment to use the appropriate procedure when measuring energy 
efficiency of this equipment. For commercial package air-source 
equipment with capacities between 65,000 and 760,000 Btu/h, ARI 
Standard 340/360-2004 is the applicable test procedure.
    DOE's regulations for covered products and equipment permit a 
person to seek a waiver from the test procedure requirements for 
covered commercial equipment if at least one of the following 
conditions is met: (1) The petitioner's basic model contains one or 
more design characteristics that prevent testing according to the 
prescribed test procedures; or (2) the prescribed test procedures may 
evaluate the basic model in a manner so unrepresentative of its true 
energy consumption as to provide materially inaccurate comparative 
data. 10 CFR 431.401(a)(1). Petitioners must include in their petition 
any alternate test procedures known to the petitioner to evaluate the 
basic model in a manner representative of its energy consumption. 10 
CFR 431.401(b)(1)(iii). The Assistant Secretary for Energy Efficiency 
and Renewable Energy (Assistant Secretary) may grant a waiver subject 
to conditions, including adherence to alternate test procedures. 10 CFR 
431.401(f)(4). Waivers remain in effect according to the provisions of 
10 CFR 431.401(g).
    On August 12, 2011, DOE granted Fujitsu a waiver from the DOE 
commercial air conditioner and heat pump test procedures for Fujitsu's 
Airstage V-II equipment. 76 FR 50204. On December 19, 2011, Fujitsu 
requested that DOE amend its order granting a test procedure waiver for 
these products to allow Fujitsu to test and rate its Airstage V-II 
equipment according to the American National Standards Institute 
(ANSI)/Air-conditioning, Heating and Refrigeration Institute (AHRI) 
Standard 1230-2010: Performance Rating of Variable Refrigerant Flow 
(VRF) Multi-Split Air-Conditioning and Heat Pump Equipment (AHRI 1230). 
Fujitsu also requested that DOE amend the definition of ``tested 
combination'' in the current alternate test procedure to allow for the 
use of up to 12 indoor units in the configuration of a basic model. The 
alternate test procedure Fujitsu is currently permitted to use 
specifies a maximum of eight indoor units for testing.

Assertions and Determinations

Fujitsu's Petition for Waiver Amendment
    As explained in Fujitsu's waiver for its Airstage V-II equipment, 
these systems cannot be tested according to the prescribed test 
procedures for commercial products. Specifically, they contain one or 
more design characteristic that prevents testing according to the test 
procedures. According to DOE's grant of the August 2011 waiver, Fujitsu 
is not required to test or rate the products listed in the waiver based 
on the current DOE test procedure. Instead, Fujitsu is required to test 
and rate these products according to the alternate test procedure set 
forth in the waiver.
    The alternate test procedure prescribed in the August 2011 waiver 
was first prescribed in 2007, in response to two petitions for waiver 
from Mitsubishi Electric & Electronics USA, Inc. (Mitsubishi). The 
alternate test procedure was published on April 9, 2007. 72 FR 17528, 
72 FR 17533. Since then, DOE has prescribed the same alternate test 
procedure for other manufacturers of multi-split products.
    After DOE granted a waiver to Mitsubishi for its multi-split 
products, the Air-Conditioning and Refrigeration Institute (ARI) (now 
AHRI) formed a committee to develop a general testing protocol for VRF 
systems. The committee developed AHRI 1230, which has been incorporated 
into ASHRAE 90.1-2010. AHRI 1230 establishes a test procedure for VRF 
multi-split air conditioners and heat pumps. The test procedure covers 
matched VRF systems with cooling and heating capacities for outdoor 
units between 12,000 Btu/h and 300,000 Btu/h. DOE is assessing AHRI 
1230 with respect to the requirements EPCA specifies for test 
procedures, and will make a preliminary determination regarding AHRI 
1230 in a future rulemaking.
    AHRI 1230 is very similar to the alternate test procedure in the 
commercial multi-split waivers that DOE previously granted to Fujitsu 
and other manufacturers, but contains minor differences in the 
definition of tested combination, the testing of ducted versus non-
ducted indoor units, and the line lengths. These differences are 
discussed below.
    First, the definition of ``tested combination'' in AHRI 1230 and 
the alternate test procedure prescribed by DOE in the earlier multi-
split waivers are identical in all relevant respects, except that AHRI 
1230 allows the use of up to 12 indoor units, as opposed to eight in 
the earlier alternate test procedure.
    Second, ANSI/AHRI 1230-2010 requires an additional test. The 
earlier alternate test procedure provides for efficiency rating of a 
non-tested combination in one of two ways: (1) at an energy efficiency 
level determined using a DOE-approved alternative rating method; or (2) 
at the efficiency level of the tested combination utilizing the same 
outdoor unit. In AHRI 1230, similar to the residential test procedure

[[Page 13106]]

set forth in 10 CFR part 430, subpart B, appendix M, multi-split 
manufacturers must also test two or more combinations of indoor units 
with each outdoor unit. The first system combination is tested using 
only non-ducted indoor units that meet the definition of a tested 
combination. The rating given to any untested multi-split system 
combination having the same outdoor unit and all non-ducted indoor 
units is set equal to the rating of the tested system having all non-
ducted indoor units. The second system combination is tested using only 
ducted indoor units that meet the definition of a tested combination. 
The rating given to any untested multi-split system combination having 
the same outdoor unit and all ducted indoor units is set equal to the 
rating of the tested system having all ducted indoor units. The rating 
given to any untested multi-split system combination having the same 
outdoor unit and a mix of non-ducted and ducted indoor units is set 
equal to the average of the ratings for the two required tested 
combinations.
    Third, the alternate test procedure and AHRI 1230 require the use 
of different line lengths for the cooling refrigerant line when 
performing efficiency testing. AHRI 1230 requires longer line lengths 
depending on the type and capacity of the connected indoor units.
    As DOE continues to evaluate AHRI 1230, DOE has granted 
manufacturers' request to use AHRI 1230 as the alternate test procedure 
for testing and rating their commercial multi-split products subject to 
a waiver of DOE's test procedures. DOE prescribed AHRI 1230 as the 
alternate test procedure for those Daikin AC (Americas) Inc. 
(``Daikin'') commercial multi-split products that have cooling 
capacities less than or equal to 300,000 Btu/h (76 FR 34685, June 14, 
2011), for Carrier Corporation's (``Carrier'') commercial multi-split 
products (76 FR 31591, June 2, 2011), and for Mitsubishi's commercial 
multi-split products that have cooling capacities less than or equal to 
300,000 Btu/h. (76 FR 65710, Oct. 24, 2011)
    Consistent with the requests of these other manufacturers, Fujitsu 
requested that DOE permit it to use AHRI 1230 as the alternate test 
procedure to test and rate its Airstage V-II equipment. AHRI 1230 
covers multi-split products with cooling and heating capacities for 
outdoor units from 12,000 Btu/h to 300,000 Btu/h. Fujitsu's Airstage V-
II product line includes outdoor units with capacities from 72,000 Btu/
h to 288,000 Btu/h. Thus, similar to DOE's decision in the Daikin and 
Mitsubishi waivers, Fujitsu requested that DOE prescribe AHRI 1230 as 
the alternate test procedure for its Airstage V-II equipment. DOE has 
determined that use of AHRI 1230 is appropriate for Fujitsu's Airstage 
V-II products for the reasons set forth below.
    As discussed above, AHRI 1230 requires longer line lengths for the 
cooling refrigerant line during testing, depending on the type and 
capacity of the connected indoor units. This difference affects the 
resulting energy efficiency determination. Testing according to AHRI 
1230's requirements provides a more conservative estimate of energy 
consumption because it results in a slightly lower efficiency rating 
than testing according to the alternate test procedure.
    In addition, the definition of ``tested combination'' in AHRI 1230 
is more appropriate for these Fujitsu products than the definition in 
the current alternate test procedure. As defined in the current 
alternate test procedures for Fujitsu's products, the ``tested 
combination'' of a VRF system is defined as one outdoor unit matched 
with between two and eight indoor units. The indoor units must 
represent the highest sales model family, and, together, must have a 
nominal cooling capacity that is between 95% and 105% of the nominal 
cooling capacity of the outdoor unit. Due to the relative size of some 
of Fujitsu's outdoor units and indoor units, permitting the matching of 
up to only eight indoor units may not be sufficient to comply with the 
requirement that the indoor units must have a combined capacity that is 
between 95% and 105% of the nominal cooling capacity of the outdoor 
unit. AHRI 1230, as revised in March 2011, permits the use of up to 
twelve indoor units. DOE is evaluating AHRI 1230 to determine whether 
to incorporate it into the applicable test procedure.
    For the reasons discussed above, and because DOE's prescribed AHRI 
1230 as the alternate test procedure in waivers granted to Carrier, 
Daikin and Mitsubishi, DOE determined that allowing Fujitsu to use AHRI 
1230 instead of the alternate test procedure provided in the August 
2011 waiver is in the public interest.

Conclusion

    After careful consideration of all the materials submitted by 
Fujitsu, it is ordered that:
    (A) Fujitsu is not required to test the equipment listed in the 
Airstage V-II waiver granted August 12, 2011 (76 FR 50204) according to 
the test procedure for commercial package air conditioners and heat 
pumps prescribed by DOE at 10 CFR 431.96 (ARI Standard 340/360-2004 
(incorporated by reference in 10 CFR 431.95(b)(2)-(3)), but instead 
shall use as the alternate test procedure ANSI/AHRI 1230-2010.
    (B) Tested combination. The term ``tested combination'' means a 
sample basic model comprised of units that are production units, or are 
representative of production units, of the basic model being tested. 
For the purposes of this waiver, the tested combination shall have the 
following features: The basic model of a variable refrigerant flow 
system (``VRF system'') used as a tested combination shall consist of 
an outdoor unit (an outdoor unit can include multiple outdoor units 
that have been manifolded into a single refrigeration system, with a 
specific model number) that is matched with between 2 and 12 indoor 
units; for multi-split systems, each of these indoor units shall be 
designed for individual operation.
    (C) Representations. In making representations about the energy 
efficiency of its Airstage V-II multi-split equipment, for compliance, 
marketing, or other purposes, Fujitsu must fairly disclose the results 
of testing under the DOE test procedure in a manner consistent with the 
provisions outlined below:
    (i) For multi-split combinations tested in accordance with this 
alternate test procedure, Fujitsu may make representations based on 
those test results.
    (ii) For multi-split combinations that are not tested, Fujitsu may 
make representations based on the testing results for the tested 
combination and that are consistent with one of the following methods:
    (a) Rating of non-tested combinations according to an alternative 
rating method approved by DOE; or
    (b) Rating of non-tested combinations having the same outdoor unit 
and all non-ducted indoor units shall be set equal to the rating of the 
tested system having all non-ducted indoor units.
    (c) Rating of non-tested combinations having the same outdoor unit 
and all ducted indoor units shall be set equal to the rating of the 
tested system having all ducted indoor units. To be considered a ducted 
unit, the indoor unit must be intended to be connected with ductwork 
and have a rated external static pressure capability greater than zero 
(0).
    (d) Rating of non-tested combinations having the same outdoor unit 
and a mix of non-ducted and ducted indoor units shall be set equal to 
the average of the ratings for the two required tested combinations.
    (D) This waiver amendment shall remain in effect from the date this 
Decision and Order is issued, consistent

[[Page 13107]]

with the provisions of 10 CFR 431.401(g).


    Issued in Washington, DC, on February 28, 2012.
Kathleen B. Hogan,
Deputy Assistant Secretary for Energy Efficiency Energy Efficiency and 
Renewable Energy.

[FR Doc. 2012-5227 Filed 3-2-12; 8:45 am]
BILLING CODE 6450-01-P


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