[Federal Register Volume 74, Number 68 (Friday, April 10, 2009)]
[Notices]
[Pages 16373-16377]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-8216]


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DEPARTMENT OF ENERGY

[Case No. CAC-018]


Energy Conservation Program for Certain Industrial Equipment: 
Decision and Order Granting a Waiver to Daikin AC (Americas), Inc. From 
the Department of Energy Commercial Package Water-Source Air 
Conditioner and Heat Pump Test Procedure

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

ACTION: Decision and Order.

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SUMMARY: This notice announces the Department of Energy's Decision and 
Order in Case No. CAC-018, which grants a waiver to Daikin AC 
(Americas), Inc. (Daikin) from the existing Department of Energy (DOE) 
test procedure applicable to commercial package water-source air 
conditioners and heat pumps. The waiver is specific to the Daikin 
Variable Speed and Variable Refrigerant Volume VRV-WII (commercial) 
multi-split water-source heat pump and heat recovery systems. DOE is 
granting this waiver because of the inability of the current test 
procedure to address systems with the level of complexity of the VRV-
WII. As a condition of this waiver, Daikin must test and rate the 
energy efficiency of its VRV-WII water-source multi-split products 
according to the alternate test procedure set forth in this notice.

DATES: This Decision and Order is effective April 10, 2009.

FOR FURTHER INFORMATION CONTACT: Dr. Michael G. Raymond, U.S. 
Department of Energy, Building Technologies Program, Mailstop EE-2J, 
Forrestal Building, 1000 Independence Avenue, SW., Washington, DC 
20585-0121. Telephone: (202) 586-9611. E-mail: <a href="/cdn-cgi/l/email-protection#2160727e7640485744537e73445054445255526144440f454e440f464e57"><span class="__cf_email__" data-cfemail="cd8c9e929aaca4bba8bf929fa8bcb8a8beb9be8da8a8e3a9a2a8e3aaa2bb">[email protected]</span></a>.
    Ms. Francine Pinto or Mr. Michael Kido, U.S. Department of Energy, 
Office of the General Counsel, Mailstop GC-72, Forrestal Building, 1000 
Independence Avenue, SW., Washington, DC 20585-0103. Telephone: (202) 
586-9507. E-mail: <a href="/cdn-cgi/l/email-protection#4e083c2f202d27202b601e27203a210e263f602a212b60292138"><span class="__cf_email__" data-cfemail="4e083c2f202d27202b601e27203a210e263f602a212b60292138">[email protected]</span></a> or <a href="/cdn-cgi/l/email-protection#236e4a404b42464f0d684a474c634b520d474c460d444c55"><span class="__cf_email__" data-cfemail="165b7f757e77737a385d7f7279567e673872797338717960">[email protected]</span></a>.

SUPPLEMENTARY INFORMATION: In accordance with 10 CFR 431.401(f)(4), DOE 
gives notice of the issuance of its Decision and Order as set forth 
below. In this Decision and Order, DOE grants Daikin a waiver from the 
existing DOE commercial package water-source air conditioner and heat 
pump test procedure under 10 CFR 431.96 and the International 
Organization for Standardization (ISO) Standard 13256-1 (1998) 
incorporated by reference, for its VRV-WII water-source multi-split 
products, subject to a condition requiring Daikin to test and rate the 
specified models from its VRV-WII product line according to the 
alternate test procedure provided in this notice. Today's Decision and 
Order requires that Daikin may not make any representations concerning 
the energy efficiency of these products unless such products have been 
tested in accordance with the DOE test procedure, consistent with the 
provisions and restrictions in the alternate test procedure as set 
forth in the Decision and Order below, and such representations fairly 
disclose the results of such testing.\1\ (42 U.S.C. 6314(d))
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    \1\ Consistent with the statute, distributors, retailers, and 
private labelers are held to the same standard when making 
representations regarding the energy efficiency of these products. 
(42 U.S.C. 6314(d))

    Issued in Washington, DC, on March 30, 2009.
Steven G. Chalk,
Principal Deputy Assistant Secretary, Energy Efficiency and Renewable 
Energy.

Decision and Order

    In the Matter of: Daikin AC (Americas), Inc. (Daikin) (Case No. 
CAC-018).

Background

    Title III of the Energy Policy and Conservation Act (EPCA) sets 
forth a variety of provisions concerning energy efficiency, including 
Part A-1 \2\ of Title III, which establishes an energy efficiency 
program titled, ``Certain Industrial Equipment,'' which includes 
commercial air conditioning equipment, package boilers, water heaters, 
and other types of commercial equipment. (42 U.S.C. 6311-6317) The 
statute specifically includes definitions, test procedures, labeling 
provisions, energy conservation standards, and provides the Secretary 
of Energy (the Secretary) with the authority to require information and 
reports from manufacturers. Further, Part A-1 authorizes the Secretary 
to prescribe test procedures that are reasonably designed to produce 
results measuring energy efficiency, energy use, or estimated annual 
operating costs, and that are not unduly burdensome to conduct. (42 
U.S.C. 6314(a)(2))
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    \2\ This part was originally titled Part C. However, it was 
redesignated Part A-1 in the United States Code for editorial 
reasons.
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    Relevant to the current Petition for Waiver, under section 
343(a)(4)(A) of EPCA, 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/Illuminating Engineering 
Society (IES) Standard 90.1 and in effect on June 30, 1992. (42 U.S.C. 
6314(a)(4)(A)) Further, under section 343(a)(4)(B) of EPCA, if the 
underlying test procedure or rating procedure is amended, the Secretary 
must amend the test procedure for the covered commercial product as 
necessary to be consistent with the amended industry test procedure, 
unless the Secretary determines that the amended test procedure would 
not meet the statutory requirements set forth in 42 U.S.C. 6314(a)(2) 
and (3). (42 U.S.C. 6314(a)(4)(B))
    The test procedures for commercial package air-conditioning and 
heating

[[Page 16374]]

equipment are codified in DOE's regulations at 10 CFR 431.96, Table 1, 
which directs manufacturers of commercial package water-source air-
conditioning and heating equipment to use the appropriate procedure 
when measuring the energy efficiency of those products. Relevant to 
these products, DOE's regulations at 10 CFR 431.95(b)(3) incorporate by 
reference ISO Standard 13256-1 (1998), ``Water-source heat pumps--
Testing and rating for performance: Part 1--Water-to-air and brine-to-
air heat pumps'' for measuring the energy efficiency of small 
commercial package water-source heat pumps with capacities <135,000 
British thermal units per hour (Btu/hr). (The cooling capacities of 
Daikin's VRV-WII commercial package water-source multi-split heat pump 
products range from 60,000 Btu/hr to 252,000 Btu/hr, so products with 
capacities less than 135,000 Btu/hr are covered under 10 CFR 431.96, 
which requires testing with ISO Standard 13256-1 (1998).) There is no 
test procedure for water-source products above 135,000 Btu/hr, so no 
waiver is required for these products.
    DOE's regulations at 10 CFR 431.401(a) set forth procedures under 
which interested persons may submit a petition to waive for a 
particular basic model any requirements of the test procedures in 10 
CFR 431.96 (among others) on the grounds that either the basic model 
contains one or more design characteristics which prevent testing 
according to the prescribed test procedures, or 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 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 
(the Assistant Secretary) may grant a waiver subject to conditions, 
including adherence to alternate test procedures. 10 CFR 431.401(f)(4). 
In general, a waiver terminates on the effective date of a final rule, 
published in the Federal Register, which prescribes amended test 
procedures appropriate to the model series manufactured by the 
petitioner, eliminating the need for the continuation of the waiver. 10 
CFR 431.401(g).
    The waiver process also allows any person who has submitted 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 if DOE determines 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, and may be extended by DOE for an additional 
180 days, if necessary. 10 CFR 431.401(e)(4).
    On January 22, 2007, Daikin submitted a Petition for Waiver and an 
Application for Interim Waiver from the above test procedures 
applicable to commercial package water-source heat pumps. Daikin seeks 
a waiver from the applicable test procedures because the design 
characteristics of these models prevent testing according to the 
currently prescribed test procedures. The company's rationale seeking 
this waiver is based on complexity--there are too many indoor units 
connected in a typical system to test with existing facilities, and too 
many possible combinations for practical testing. The capacities of the 
Daikin VRV-WII multi-split heat pumps range from 60,000 Btu/hr to 
252,000 Btu/hr. DOE notes that although the Daikin 60,000 Btu/hr unit 
is of a size appropriate for residential applications, it is considered 
a commercial product and sold for commercial use. Accordingly, the 
appropriate test procedure is the same for all three outdoor units 
(Models RWEYQ60, RWEYQ72, RWEYQ84) with capacities less than 135,000 
Btu/hr, ISO 13256-1 (1998). DOE further notes that Daikin also 
requested a waiver for four outdoor units with capacities greater than 
135,000 Btu/hr, but because DOE does not have a test procedure for such 
products, there is no need for a waiver.
    On January 7, 2008, DOE published Daikin's Petition for Waiver in 
the Federal Register and granted the Application for Interim Waiver. 73 
FR 1213.
    In a similar and relevant case, DOE published a Petition for Waiver 
from Mitsubishi Electric and Electronics USA, Inc. (MEUS) for products 
very similar to Daikin's Airstage VRF multi-split products. 71 FR 14858 
(March 24, 2006). In the March 24, 2006 Federal Register notice, DOE 
also published and requested comment on an alternate test procedure for 
the MEUS products at issue. DOE stated that if it specified an 
alternate test procedure for MEUS in the subsequent Decision and Order, 
DOE would consider applying the same procedure to similar residential 
and commercial central air conditioners and heat pumps, including such 
products for which waivers had previously been granted. Id. at 14861. 
Comments were published along with the MEUS Decision and Order in the 
Federal Register on April 9, 2007. 72 FR 17528 (April 9, 2007). Most of 
the comments responded favorably to DOE's proposed alternate test 
procedure. Id. at 17529. Also, there was general agreement that an 
alternate test procedure is necessary while a final test procedure for 
these types of products is being developed. Id. The MEUS Decision and 
Order included the alternate test procedure adopted by DOE. Id.
    DOE received no comments on the Daikin petition.

Assertions and Determinations

Daikin's Petition for Waiver
    On January 22, 2007, Daikin submitted a Petition for Waiver and an 
Application for Interim Waiver from the test procedures at 10 CFR 
431.96 that apply to commercial package water-source heat pumps. The 
products covered by this petition represent the models of Daikin's 
multi-split product line that use water, instead of air, as a heat 
source and heat sink. However, Daikin asserts that the water-source 
VRV-WII systems operate in the same configurations as the air-source 
VRV and VRV-S systems which have been granted similar waivers, with the 
only relevant difference being the heat rejection medium. Specifically, 
Daikin asserts that the two primary factors that prevent testing of 
multi-split variable speed products generally are the same factors DOE 
considered when it granted waivers to MEUS, Fujitsu General Ltd. 
(Fujitsu), and Samsung Air Conditioning (Samsung) for similar lines of 
commercial multi-split air-conditioning systems:
    <bullet> The large number (over a million) of potential 
combinations with the VRV-WII product line make it impractical for 
testing laboratories to test this product.
    <bullet> There are too many possible combinations (over a million) 
of indoor and outdoor units to test.

69 FR 52660 (August 27, 2004); 72 FR 17528 (April 9, 2007); 72 FR 71383 
(December 17, 2007); 72 FR 71387 (December 17, 2007).
    Accordingly, Daikin requested that DOE grant a waiver from existing 
test procedures until such time as a representative test procedure is 
developed and adopted for this class of

[[Page 16375]]

products. DOE believes that the VRV-WII 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.

    Previously, in addressing MEUS's R410A CITY MULTI VRFZ products, 
which are similar to Daikin's VRV-WII multi-split products at issue 
here, DOE stated:

    To provide a test procedure from which manufacturers can make 
valid representations, the Department is considering setting an 
alternate test procedure for MEUS in the subsequent Decision and 
Order. Furthermore, if DOE specifies an alternate test procedure for 
MEUS, DOE is considering applying the alternate test procedure to 
similar waivers for residential and commercial central air 
conditioners and heat pumps. Such cases include Samsung's petition 
for its DVM products (70 FR 9629, February 28, 2005), Daikin's 
petition for its Airstage variable refrigerant flow (VRF) products 
(70 FR 5980, February 4, 2005), and MEUS's petition for its R22 CITY 
MULTI VRFZ products. (69 FR 52660 August 27, 2004).

71 FR 14861.
    Daikin did not include an alternate test procedure in its Petition 
for Waiver. However, in response to two recent Petitions for Waiver 
from MEUS, DOE specified an alternate test procedure to provide a basis 
from which MEUS 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 MEUS 
petitions were published in the Federal Register on April 9, 2007. 72 
FR 17528; 72 FR 17533.
    To enable Daikin to make energy efficiency representations for its 
specified VRV-WII water-source multi-split products, DOE has decided to 
require use of the alternate test procedure described below, as a 
condition of Daikin's waiver. This alternate test procedure is 
substantially the same as the one that DOE applied to the MEUS waiver.
    In general, DOE understands that existing testing facilities have a 
limited ability to test multiple indoor units at one time, and the 
number of possible combinations of indoor and outdoor units for some 
variable refrigerant flow zoned systems is impractical to test. We 
further note that subsequent to the waiver that DOE granted for MEUS's 
R22 multi-split products, ARI formed a committee to discuss the issue 
and to work on developing an appropriate testing protocol for variable 
refrigerant flow systems. However, to date, no additional test 
methodologies have been adopted by the committee or submitted to DOE.
    Therefore, as discussed below, as a condition for granting this 
Waiver to Daikin, DOE is including an alternate test procedure similar 
to those granted to MEUS for its R22 and R410A products. DOE is issuing 
today's Decision and Order granting Daikin a test procedure waiver for 
its commercial VRV-WII water-source multi-split heat pumps, but is 
requiring the use of the alternate test procedure described below as a 
condition of Daikin's waiver. This alternate test procedure is 
substantially the same as the one that DOE applied to the MEUS waiver.
DOE's Alternate Test Procedure
    The alternate test procedure developed in conjunction with the MEUS 
waiver has two basic components. First, it 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 from two to 
five indoor units so that it can be tested in available test 
facilities. The tested combination must be tested according to the 
applicable DOE test procedure, as modified by the provisions of the 
alternate test procedure.
    Second, having an alternate DOE test procedure that can be applied 
to its products allows Daikin to represent the energy efficiency of 
that product. These representations must fairly disclose the results of 
such testing. The alternate test procedure set forth in this Decision 
and Order provides for testing of a non-tested combination in one of 
two ways: (1) At an energy efficiency level determined under a DOE-
approved alternative rating method; or (2) if the first method is not 
available, then at the efficiency level of the tested combination 
utilizing the same outdoor unit. Until an alternative rating method is 
developed, all combinations with a particular outdoor unit may use the 
rating of the combination tested with that outdoor unit.
    As in the MEUS matter, DOE believes that allowing Daikin to make 
energy efficiency representations for non-tested combinations by 
adopting this alternative test procedure as described above is 
reasonable because the outdoor unit is the principal efficiency driver. 
The current DOE test procedure tends to rate these products 
conservatively. The multi-zoning feature of these products, which 
enables them to cool only those portions of the building that require 
cooling, would be expected to use less energy than if the unit is 
operated to cool the entire home or a comparatively larger area of a 
commercial building in response to a single thermostat. This 
performance aspect is not captured by the current DOE test procedure, 
which requires full-load testing. Full load testing, under which the 
entire building would require cooling, disadvantages these products 
because they are optimized for their highest efficiency when operating 
with less than full loads, which is how these products normally 
operate. Therefore, the alternate test procedure will provide a 
conservative basis for assessing the energy efficiency for such 
products.
    While the alternate test procedure applies to both residential and 
commercial multi-split products, some provisions within this procedure 
are specific to residential or commercial products. For example, 
section (A) of the alternate test procedure has different provisions 
for residential and commercial products. In contrast, section (B), 
which defines the combinations of indoor and outdoor units to test, and 
section (C), which sets forth the requirements for making 
representations, are the same for both residential and commercial 
products.
    Section (A) distinguishes between residential and commercial 
products for two reasons. First, 10 CFR 430.24, used for residential 
products, already has requirements for selecting split-system 
combinations based on the highest sales volume. However, 10 CFR Part 
431, which applies to commercial products, has no comparable 
requirements. Therefore, section (A) of the alternate test procedure 
modifies the existing residential and commercial requirements so that 
both residential and commercial products can use the same definition of 
a ``tested combination,'' which is set forth in section (B).
    Second, section (A) requires several test procedure revisions to 
determine the seasonal energy efficiency ratio and heating seasonal 
performance factor for the tested combination of residential products. 
No test procedure revisions are introduced for commercial products 
because EPCA directs DOE to adopt generally accepted industry test 
standards (unless amendments to those industry test procedures are 
determined by clear and convincing evidence not to meet the 
requirements of the statute). (42 U.S.C. 6314(a)(4))
    With regard to the laboratory testing of commercial products, some 
of the difficulties associated with the existing test procedure are 
avoided by the alternate test procedure's requirements for choosing the 
indoor units to be used in the manufacturer-specified tested

[[Page 16376]]

combination. For example, in addition to limiting the number of indoor 
units, all indoor units must meet the same minimum external static 
pressure requirement. This requirement allows the test lab to manifold 
the outlets from each indoor unit into a common plenum that supplies 
air to a single airflow measuring apparatus. This requirement 
eliminates situations in which some of the indoor units are ducted and 
some are non-ducted. Without this requirement, the laboratory must 
evaluate the capacity of a subgroup of indoor coils separately, and 
then sum the separate capacities to obtain the overall system capacity. 
This would require that the test laboratory be equipped with multiple 
airflow measuring apparatuses (which is unlikely), or that the test 
laboratory connect its one airflow measuring apparatus to one or more 
common indoor units until the contribution of each indoor unit has been 
measured.
    Furthermore, DOE stated in the notice publishing the MEUS Petition 
for Waiver that if DOE decides to specify an alternate test procedure 
for MEUS, it would consider applying the procedure to waivers for 
similar residential and commercial central air conditioners and heat 
pumps produced by other manufacturers. 71 FR 14858, 14861 (March 24, 
2006). Most of the commenters to the March 2006 notice favored the 
proposed alternate test procedure, generally agreeing that an alternate 
test procedure is appropriate for an interim period while a final test 
procedure for these products is being developed.
    In light of the discussion above, DOE believes that the problems 
described above would prevent testing of Daikin's VRV-WII water-source 
multi-split products according to the test procedures currently 
prescribed in 10 CFR 431.96. After reviewing and considering all of the 
comments submitted in response to the prior MEUS petition regarding the 
proposed alternate test procedure, DOE has decided to adopt the 
proposed alternate test procedure, with the clarifications discussed 
above for the Daikin products. DOE will also consider applying the same 
alternate test procedure to waivers for similar central air 
conditioners and heat pumps.
Consultations With Other Agencies
    DOE consulted with the Federal Trade Commission (FTC) staff 
concerning the Daikin Petition for Waiver. The FTC staff did not have 
any objections to the issuance of a waiver to Daikin.

Conclusion

    After careful consideration of all the materials submitted by 
Daikin, the comments received, and consultation with the FTC staff, it 
is ordered that:
    (1) The ``Petition for Waiver'' filed by Daikin AC (Americas), Inc. 
(Daikin) (Case No. CAC-018) is hereby granted as set forth in the 
paragraphs below.
    (2) Daikin shall not be required to test or rate its VRV-WII water-
source multi-split air conditioner and heat pump models listed below on 
the basis of the current test procedures contained in 10 CFR 431.96, 
specifically, ISO Standard 13256-1 (1998) (incorporated by reference in 
10 CFR 431.95(b)(3)), but shall be required to test and rate such 
products according to the alternate test procedure as set forth in 
paragraph (3).
    VRV-WII Series Outdoor Units:
    <bullet> Models RWEYQ60, RWEYQ72, RWEYQ84
    Compatible Indoor Units for Above-Listed Outdoor Units:
    <bullet> FXAQ Series wall mounted indoor units with nominally rated 
capacities of 7,000, 9,000, 12,000, 18,000 and 24,000 Btu/hr.
    <bullet> FXLQ Series floor mounted indoor units with nominally 
rated capacities of 12,000, 18,000 and 24,000 Btu/hr.
    <bullet> FXNQ Series concealed floor mounted indoor units with 
nominally rated capacities of 12,000, 18,000 and 24,000 Btu/hr.
    <bullet> FXDQ Series low static ducted indoor units with nominally 
rated capacities of 7,000, 9,000, 12,000, 18,000 and 24,000 Btu/hr.
    <bullet> FXSQ Series medium static ducted indoor units with 
nominally rated capacities of 7,000, 9,000, 12,000, 18,000, 24,000, 
30,000, 36,000 and 48,000 Btu/hr.
    <bullet> FXMQ Series high static ducted indoor units with nominally 
rated capacities of 30,000, 36,000 and 48,000 Btu/hr.
    <bullet> FXZQ Series recessed cassette indoor units with nominally 
rated capacities of 7,000, 9,000, 12,000, 18,000 and 24,000 Btu/hr.
    <bullet> FXFQ Series recessed cassette indoor units with nominally 
rated capacities of 12,000, 18,000, 30,000 and 36,000 Btu/hr.
    <bullet> FXHQ Series ceiling suspended indoor units with nominally 
rated capacities of 12,000, 24,000 and 36,000 Btu/hr.
    <bullet> FXOQ Series concealed indoor units with nominally rated 
capacities of 12,000, 18,000, 24,000, 36,000, 42,000, 36,000 and 48,000 
BTU/hr.
    (3) Alternate test procedure.
    (A) Daikin shall be required to test the products listed in 
paragraph (2) above according to the test procedures for water-source 
central air conditioners and heat pumps (contained in ISO Standard 
13256-1 (1998) (incorporated by reference in 10 CFR 431.95(b)(3)), 
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-WII water-source multi-split 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:
    (i) The basic model of a variable refrigerant flow system used as a 
tested combination shall consist of an outdoor unit that is matched 
with between two and five indoor units; 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 to meet the requirements of (b);
    (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 that is 
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) All be subject to the same minimum external static pressure 
requirement.
    (C) Representations. In making representations about the energy 
efficiency of its VRV-WII water-source multi-split products, for 
compliance, marketing, or other purposes, Daikin must fairly disclose 
the results of testing under the DOE test procedure, doing so in a 
manner consistent with the provisions outlined below:
    (i) For VRV-WII multi-split combinations tested in accordance with 
this alternate test procedure, Daikin must disclose these test results.
    (ii) For VRV-WII multi-split combinations that are not tested, 
Daikin must make a disclosure based on the testing results for the 
tested combination and which are consistent

[[Page 16377]]

with either of the two following methods, except that only method (a) 
may be used, if available:
    (a) Representation of non-tested combinations according to an 
alternative rating method approved by DOE; or
    (b) Representation of non-tested combinations at the same energy 
efficiency level as the tested combination with the same outdoor unit.
    (4) This waiver shall remain in effect from the date of issuance of 
this Order until the effective date of a DOE final rule prescribing 
amended test procedures appropriate to the model series manufactured by 
Daikin listed above.
    (5) This waiver is conditioned upon the presumed validity of 
statements, representations, and documentary materials provided by the 
petitioner. This waiver may be revoked or modified at any time upon a 
determination that the factual basis underlying the Petition for Waiver 
is incorrect, or DOE determines that the results from the alternate 
test procedure are unrepresentative of the basic models' true energy 
consumption characteristics.

    Issued in Washington, DC, on March 30, 2009.
Steven G. Chalk,
Principal Deputy Assistant Secretary, Energy Efficiency and Renewable 
Energy.
[FR Doc. E9-8216 Filed 4-9-09; 8:45 am]
BILLING CODE 6450-01-P


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