Decisions Regarding Waivers: Commercial Package Air Conditioner and Heat Pump Test Procedures; Residential Central Air Conditioner and Heat Pump Test Procedures

Federal Register: July 10, 2008 (Volume 73, Number 133)

Notices

Page 39680-39684

From the Federal Register Online via GPO Access [wais.access.gpo.gov]

DOCID:fr10jy08-47

DEPARTMENT OF ENERGY

Case No. CAC-011

Energy Conservation Program for Consumer Products: Decision and

Order Granting a Waiver to Daikin U.S. Corporation From the Department of Energy Commercial Package Air Conditioner and Heat Pump Test

Procedures and Denying a Waiver From the Residential Central 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 Department of Energy's Decision and

Order in Case No. CAC-011, which grants a waiver to Daikin U.S.

Corporation (Daikin) from the existing Department of Energy (DOE) commercial package air conditioner and heat pump test procedures for specified VRV (commercial) Variable Refrigerant Volume multi-split heat pumps and heat recovery systems. As a condition of this waiver, Daikin must test and rate its VRV multi-split products according to the alternate test procedure as set forth in this notice. DOE is denying as moot Daikin's request for a waiver from the residential central air conditioner and heat pump test procedures, because those test procedures, as amended and currently effective, can be used to test

Daikin's VRV-S (residential) products.

DATES: This Decision and Order is effective July 10, 2008, and will remain in effect until the effective date of a DOE final rule prescribing amended test procedures appropriate for the model series of

Daikin VRV multi-split central air conditioners and heat pumps covered by this waiver.

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:

Michael.Raymond@ee.doe.gov.

Ms. Francine Pinto or Mr. Eric Stas, U.S. Department of Energy,

Office of General Counsel, Mailstop GC-72, Forrestal Building, 1000

Independence Avenue, SW., Washington, DC 20585-0103. Telephone: (202) 586-9507. E-mail: Francine.Pinto@hq.doe.gov or Eric.Stas@hq.doe.gov.

SUPPLEMENTARY INFORMATION: In accordance with 10 CFR 430.27(l) and 10

CFR 431.401(f)(4), DOE gives notice of the issuance of its Decision and

Order as set forth below. In the Decision and Order, DOE grants Daikin a waiver from the existing DOE commercial package air conditioner and heat pump test procedures \1\ for its VRV multi-split products, subject to a condition requiring Daikin to test and rate its VRV multi-split products pursuant to the alternate test procedure provided in this notice. Further, today's Decision and Order requires that Daikin may not make any representations concerning the energy efficiency of these products unless such product has been tested in accordance with the DOE test procedure, consistent with the provisions and restrictions of the alternate test procedure set forth in the Decision and Order below, and such representations fairly disclose the results of such testing.\2\

(42 U.S.C. 6293(c); 42 U.S.C. 6314(d))

\1\ For commercial products, the applicable test procedure is the Air-Conditioning and Refrigeration Institute (ARI) Standard 340/ 360-2004, ``Performance Rating of Commercial and Industrial Unitary

Air-Conditioning and Heat Pump Equipment'' (incorporated by reference at 10 CFR 431.95(b)(2)).

\2\ 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. 6293(c); 42 U.S.C. 6314(d)).

DOE is denying as moot Daikin's request for a waiver from the DOE residential central air conditioner and

Page 39681

heat pump test procedures \3\ for its VRV-S multi-split products. As amended, the applicable DOE test procedure for these residential products will allow Daikin to test and rate its residential VRV-S multi-split products.

\3\ For residential products, the applicable test procedure is set forth in 10 CFR part 430, subpart B, Appendix M.

Issued in Washington, DC, on June 23, 2008.

Alexander A. Karsner,

Assistant Secretary, Energy Efficiency and Renewable Energy.

Decision and Order

In the Matter of: Daikin U.S. Corporation (Daikin) (Case No. CAC- 011).

Background

Title III of the Energy Policy and Conservation Act (EPCA) sets forth a variety of provisions concerning energy efficiency, including

Part A of Title III which establishes the ``Energy Conservation Program for Consumer Products Other Than Automobiles.'' \4\ (42 U.S.C. 6291- 6309) Similar to the Program in Part A, Part A-1 of Title III provides for an energy efficiency program titled, ``Certain Industrial

Equipment,'' which includes commercial air conditioning equipment, package boilers, water heaters, and other types of commercial equipment.\5\ (42 U.S.C. 6311-6317)

\4\ This part was originally titled Part B; however, it was redesignated Part A, after Part B of Title III was repealed by Pub.

L. 109-58.

\5\ This part was originally titled Part C; however, it was redesignated Part A-1, after Part C of Title III was repealed by

Pub. L. 109-58.

Today's notice involves residential products under Part A, as well as commercial equipment under Part A-1. Both parts specifically provide for definitions, test procedures, labeling provisions, energy conservation standards, and the authority to require information and reports from manufacturers. Further, both parts generally authorize the

Secretary of Energy (the Secretary) to prescribe test procedures that are reasonably designed to produce results which measure energy efficiency, energy use, or estimated annual operating costs, and that are not unduly burdensome to conduct. (42 U.S.C. 6293(b)(3); 42 U.S.C. 6314(a)(2))

Relevant to the current Petition for Waiver, the test procedure for residential central air conditioning and heat pump products is set forth in 10 CFR part 430, subpart B, Appendix M. On October 22, 2007,

DOE amended the test procedures for residential central air conditioners and central air conditioning heat pumps to implement test procedure changes for small-duct, high-velocity systems, two-capacity units, and to update references to the current American Society of

Heating, Refrigerating, and Air-Conditioning Engineers (ASHRAE) standards. 72 FR 59906. The October 22, 2007, final rule became effective on April 21, 2008. These amendments to the DOE test procedures set forth in 10 CFR part 430, subpart B, Appendix M now allow Daikin to test its VRV-S residential multi-split air conditioners and heat pumps. Therefore, a waiver is no longer necessary for Daikin's

VRV-S residential multi-split air conditioners and heat pumps.

Accordingly, the following discussion will focus only on Daikin's commercial VRV products, for which its waiver request remains pertinent.

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), this section also directs the Secretary to amend the test procedure for a covered commercial product if the industry test procedure is amended, unless the Secretary determines 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. DOE adopted ARI

Standard 210/240-2003 for commercial package air conditioning and heating equipment with capacities =65,000 Btu/h and