[August 12, 2011] Decision and Order Granting a Waiver to Fujitsu General Limited From the Department of Energy Commercial Package Air Conditioner and Heat Pump Test Procedures Tweet Aug 12, 2011 (Energy Department Documents and Publications/ContentWorks via COMTEX) -- SUMMARY: This notice publishes the U.S. Department of Energy's (DOE) Decision and Order in Case No. CAC-033, which grants Fujitsu General Limited (Fujitsu) 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 Fujitsu AIRSTAGE V-II Variable Refrigerant Flow (VRF) multi-split commercial heat pump models specified in Fujitsu's petition for waiver. As a condition of this waiver, Fujitsu must use the alternate test procedure set forth in this notice to test and rate these AIRSTAGE V-II VRF multi-split commercial heat pumps. DATES: This Decision and Order is effective August 12, 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: [email protected]. 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: [email protected]:. 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 Fujitsu a waiver from the existing DOE commercial package air conditioner and heat pump test procedures for the basic models of AIRSTAGE V-II multi-splits set forth in its petition. DOE also requires the use of an alternate test procedure for this equipment. Fujitsu must use American National Standards Institute/Air-Conditioning, Heating and Refrigeration Institute (ANSI/AHRI) Standard 1230-2010, "Performance Rating of VRF Multi-Split Air-Conditioning and Heat Pump Equipment" to test and rate the models of AIRSTAGE V-II VRF multi-split commercial heat pumps identified below. The cooling capacities of these models range from 72,000 Btu/h to 288,000 Btu/h. Today's decision prohibits Fujitsu from making any representations concerning the energy efficiency of these products unless the product has been tested consistent with the provisions and restrictions in the alternate test procedure set forth in the Decision and Order below, and the representations fairly disclose the test results. (42 U.S.C. 6314(d)) Distributors, retailers, and private labelers are held to the same standard when making representations regarding the energy efficiency of these products. Id. Issued in Washington, DC, on August 5, 2011. Kathleen Hogan, Deputy Assistant Secretary for Energy Efficiency, Office of Technology Development, Energy Efficiency and Renewable Energy. Decision and Order In the Matter of: Fujitsu General Limited (Fujitsu) (Case No. CAC-033). Background Title III, Part C of the Energy Policy and Conservation Act of 1975 (EPCA), Pub. L. 94-163 (42 U.S.C. 6311-6317, as codified) established the Energy Conservation Program for Certain Industrial Equipment, a program covering certain industrial equipment, which includes the AIRSTAGE V-II VRF commercial multi-split heat pumps ("AIRSTAGE V-II multi-split heat pumps") that are the focus of this notice. /1/ Part C specifically includes definitions (42 U.S.C. 6311), test procedures (42 U.S.C. 6314), labeling provisions (42 U.S.C. 6315), energy conservation standards (42 U.S.C 6313), and the authority to require information and reports from manufacturers. 42 U.S.C. 6316. With respect to test procedures, Part C authorizes the Secretary of Energy (the Secretary) to prescribe test procedures that are reasonably designed to produce results that measure energy efficiency, energy use, and estimated annual operating costs, and that are not unduly burdensome to conduct. (42 U.S.C. 6314(a)(2)) FOOTNOTE 1 For editorial reasons, upon codification in the U.S. Code, Part C was re-designated Part A-1. END FOOTNOTE For commercial package air-conditioning and heating equipment, EPCA provides that "the test procedures shall be those generally accepted industry testing procedures or rating procedures developed or recognized by the Air-Conditioning and Refrigeration Institute [ARI] or by the American Society of Heating, Refrigerating and Air-Conditioning Engineers [ASHRAE], as referenced in ASHRAE/IES Standard 90.1 and in effect on June 30, 1992." (42 U.S.C. 6314(a)(4)(A)) Under 42 U.S.C. 6314(a)(4)(B), the statute further directs the Secretary to amend the test procedure for a covered commercial product if the industry test procedure is amended, unless the Secretary determines, by rule and based on clear and convincing evidence, that such a modified test procedure does not meet the statutory criteria set forth in 42 U.S.C. 6314(a)(2) and (3). On December 8, 2006, DOE published a final rule adopting test procedures for commercial package air-conditioning and heating equipment, effective January 8, 2007. 71 FR 71340. For commercial air-source heat pumps, DOE adopted ARI Standard 340/360-2004. Table 1 to Title 10 of the Code of Federal Regulations (10 CFR) 431.96 directs manufacturers of commercial package air conditioning and heating equipment to use the appropriate procedure when measuring energy efficiency of those products. The cooling capacities of Fujitsu's AIRSTAGE V-II multi-split heat pumps in its waiver petition range from 72,000 Btu/h to 288,000 Btu/h. The current test procedure for this equipment is ARI Standard 340/360-2004, which includes units with capacities greater than 65,000 Btu/hour. DOE's regulations for covered products permit a person to seek a waiver from the test procedure requirements for covered commercial equipment if at least one of the following conditions is met: (1) The petitioner's basic model contains one or more design characteristics that prevent testing according to the prescribed test procedures; or (2) the prescribed test procedures may evaluate the basic model in a manner so unrepresentative of its true energy consumption as to provide materially inaccurate comparative data. 10 CFR 431.401(a)(1). Petitioners must include in their petition any alternate test procedures known to the petitioner to evaluate the basic model in a manner representative of its energy consumption. 10 CFR 431.401(b)(1)(iii). The Assistant Secretary for Energy Efficiency and Renewable Energy (Assistant Secretary) may grant a waiver subject to conditions, including adherence to alternate test procedures. 10 CFR 431.401(f)(4). Waivers remain in effect pursuant to the provisions of 10 CFR 431.401(g). The waiver process also permits parties submitting a petition for waiver to file an application for interim waiver of the applicable test procedure requirements. 10 CFR 431.401(a)(2). The Assistant Secretary will grant an interim waiver request if it is determined that the applicant will experience economic hardship if the application for interim waiver is denied, if it appears likely that the petition for waiver will be granted, and/or the Assistant Secretary determines that it would be desirable for public policy reasons to grant immediate relief pending a determination on the petition for waiver. 10 CFR 431.401(e)(3). An interim waiver remains in effect for 180 days or until DOE issues its determination on the petition for waiver, whichever occurs first. It may be extended by DOE for an additional 180 days. 10 CFR 431.401(e)(4). On April 25, 2011, Fujitsu filed a petition for waiver from the test procedure at 10 CFR 431.96 applicable to commercial package air source central air conditioners and heat pumps, as well as an application for interim waiver. The capacities of the AIRSTAGE V-II multi-split heat pumps in Fujitsu's waiver petition range from 72,000 Btu/h to 288,000 Btu/h. The applicable test procedure for these commercial air-source heat pumps is ARI 340/360-2004. Manufacturers are directed to use these test procedures pursuant to Table 1 of 10 CFR 431.96. Fujitsu seeks a waiver from the applicable test procedures under 10 CFR 431.96 on the grounds that the AIRSTAGE V-II multi-split heat pumps specified in its petition 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 these 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) (Fujitsu); 76 FR 19078 (April 6, 2011) (Mitsubishi). On June 2, 2011, DOE published Fujitsu's petition for waiver in the Federal Register , seeking public comment pursuant to 10 CFR 431.401(b)(1)(iv), and granted the application for interim waiver. 76 FR 31946. DOE received no comments on the Fujitsu petition. Assertions and Determinations Fujitsu's Petition for Waiver Fujitsu seeks a waiver from the DOE test procedures for the equipment specified in its petition on the grounds that its AIRSTAGE V-II VRF multi-split commercial heat pumps contain design characteristics that prevent them from being tested using the current DOE test procedures. As stated above, Fujitsu asserts that the two primary factors that prevent testing these multi-split variable speed models are the same factors stated in the waivers that DOE granted to Mitsubishi, Daikin AC Americas (Daikin), Samsung Air Conditioning (Samsung), Carrier, Sanyo, and LG for similar lines of commercial multi-split air-conditioning systems: (1) Testing laboratories cannot test products with so many indoor units; and (2) there are too many possible combinations of indoor and outdoor units to test. --This is a summary of a Federal Register article originally published on the page number listed below-- Decision and Order. Citation: "76 FR 50204" Document Number: "Case No. CAC-033" Federal Register Page Number: "50204" "Notices" [ Back To TMCnet.com's Homepage ]