Federal Register / Vol. 75, No. 117 / Friday, June 18, 2010 / Notices 34731 

Type Sales Model Brand 

3D Ice and Water ......................................................................................................................... 7840# Kenmore 

3D Ice and Water ......................................................................................................................... LFX23961** LG 

All ................................................................................................................................................. 795.#####.### Kenmore 

APPENDIX B 

As requested in this petition, LG 

should be required to test the products 

for which a waiver is requested 

according to the test procedures for 

electric refrigerator-freezers prescribed 

by DOE at 10 CFR Part 430, Appendix 

A1, except that, for the LG products: (A) 

The following definition is added at the 

end of Section 1: 

1.13 ‘‘Variable anti-sweat heater 

control’’ means an anti-sweat heater 

where power supplied to the device is 

determined by an operating condition 

variable(s) and/or ambient condition 

variable(s). 

(B) Section 2.2 is revised to read as 

follows: 

2.2 Operational conditions. The 

electric refrigerator or electric 

refrigerator-freezer shall be installed and 

its operating conditions maintained in 

accordance with HRF–1–1979, section 

7.2 through section 7.4.3.3. except that 

the vertical ambient temperature 

gradient at locations 10 inches (25.4 cm) 

out from the centers of the two sides of 

the unit being tested is to be maintained 

during the test. Unless shields or baffles 

obstruct the area, the gradient is to be 

maintained from 2 inches (5.1 cm) 

above the floor or supporting platform 

to a height one foot (30.5 cm) above the 

unit under test. Defrost controls are to 

be operative. The anti-sweat heater 

switch is to be ‘‘off’’ during one test and 

‘‘on’’ during the second test. In the case 

of an electric refrigerator-freezer 

equipped with variable anti-sweat 

heater control, the ‘‘on’’ test will be the 

result of the calculation described in 

6.2.3. Other exceptions are noted in 2.3, 

2.4, and 5.1 below. 

(C) New section 6.2.3 is inserted after 

section 6.2.2.2. 

6.2.3 Variable anti-sweat heater control 

test. The energy consumption of an electric 

refrigerator-freezer with a variable anti-sweat 

heater control in the ‘‘on’’ position (E[on]), 

expressed in kilowatt-hours per day, shall be 

calculated equivalent to: 

E[ON] = E + (Heater Contribution) [note: 

called ‘‘correction factor’’ by General 

Electric] 

where E is determined by 6.2.1.1, 6.2.1.2, 

6.2.2.1, or 6.2.2.2, whichever is appropriate, 

with the anti-sweat heater switch in the ‘‘off’’ 

position. 

Heater Contribution n1 = (Anti-sweat Heater 

Power × System-loss Factor) × (24 hrs/1 

day) × (1 kW/1000 W) 

Where: 

Anti-sweat Heater Power = A1 * (Heater 

Watts at 5%RH) 

+ A2 * (Heater Watts at 15%RH) 

+ A3 * (Heater Watts at 25%RH) 

+ A4 * (Heater Watts at 35%RH) 

+ A5 * (Heater Watts at 45%RH) 

+ A6 * (Heater Watts at 55%RH) 

+ A7 * (Heater Watts at 65%RH) 

+ A8 * (Heater Watts at 75%RH) 

+ A9 * (Heater Watts at 85%RH) 

v+ A10 * (Heater Watts at 95%RH) 

where A1–A10 are from the following table: 

A1 = 0.034 A6 = 0.119 

A2 = 0.211 A7 = 0.069 

A3 = 0.204 A8 = 0.047 

A4 = 0.166 A9 = 0.008 

A5 = 0.126 A10 = 0.015 

Heater Watts at a specific relative humidity 

= the nominal watts used by all heaters 

at that specific relative humidity, 72 

[degrees] F ambient, and DOE reference 

temperatures of fresh food average 

temperature of 45 [degrees] F and freezer 

average temperature of 5 [degrees] F. 

System-loss Factor = 1.3 

[FR Doc. 2010–14758 Filed 6–17–10; 8:45 am] 

BILLING CODE 6450–01–P 

DEPARTMENT OF ENERGY 

Office of Energy Efficiency and 

Renewable Energy 

[Case No. CAC–024] 

Energy Conservation Program for 

Consumer Products: Decision and 

Order Granting a Waiver to Daikin AC 

(Americas), Inc. (Daikin) From the 

Department of Energy 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 U.S. 

Department of Energy’s (DOE) decision 

and order in Case No. CAC–024. DOE 

grants a waiver to Daikin from the 

existing DOE test procedure applicable 

to residential central air conditioners 

and heat pumps. The waiver request is 

specific to the Daikin Altherma air-towater heat pump with integrated 

domestic water heating. The test method 

for central air conditioners and heat 

pumps contained in 10 CFR part 430, 

subpart B, appendix M does not include 

any provisions to account for the 

operational characteristics of an air-towater heat pump, or any central airconditioning heat pump with an 

integrated domestic hot water 

component. As a condition of this 

waiver, Daikin must test and rate its 

Altherma heat pump products according 

to the alternate test procedure set forth 

in this notice. 

DATES: This decision and order is 

effective June 18, 2010. 

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. 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: 

mailto:Jennifer.Tiedeman@hq.doe.gov. 

SUPPLEMENTARY INFORMATION: In 

accordance with 10 CFR 430.27(l), 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 applicable 

residential central air conditioner and 

heat pump test procedures at 10 CFR 

part 430, subpart B, appendix M. The 

waiver applies to certain basic models 

of the Daikin Altherma system, which 

consists of an air-to-water heat pump 

that provides hydronic heating and 

cooling as well as domestic hot water 

functions. Daikin must test and rate 

such products using the alternate test 

procedure described in this notice. 

Further, today’s decision requires that 

Daikin may not make any 

representations concerning the energy 

efficiency of these products unless such 

product has been tested consistent with 

the provisions and restrictions in the 

alternate test procedure set forth in the 

decision and order below, and such 

representations fairly disclose the 

results of such testing. (42 U.S.C. 

6314(d)) Distributors, retailers, and 

private labelers are held to the same 


srobinson on DSKHWCL6B1PROD with NOTICES
34732 Federal Register / Vol. 75, No. 117 / Friday, June 18, 2010 / Notices 

standard when making representations 

regarding the energy efficiency of these 

products. (42 U.S.C. 6293(c)) 

Issued in Washington, DC, on June 11, 

2010. 

Cathy Zoi, 

Assistant Secretary, Energy Efficiency and 

Renewable Energy. 

Decision and Order 

In the Matter of: Daikin AC 

(Americas), Inc. (Daikin) (Case No. 

CAC–024). 

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 provides for the ‘‘Energy 

Conservation Program for Consumer 

Products Other Than Automobiles.’’ (42 

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

includes definitions, test procedures, 

labeling provisions, energy conservation 

standards for covered products, and the 

authority to require information and 

reports from manufacturers. Further, 

EPCA authorizes the Secretary of Energy 

to prescribe test procedures that are 

reasonably designed to produce results 

that 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)) 

Today’s notice involves residential 

central air conditioning and heat pump 

products covered under Part A. The test 

procedure for residential central air 

conditioners and heat pumps is 

contained in 10 CFR part 430, subpart 

B, appendix M. 

DOE’s regulations for covered 

products allow a person to seek a waiver 

for a particular basic model from the test 

procedure requirements for covered 

consumer products, when (1) the 

petitioner’s basic model contains one or 

more design characteristics that prevent 

testing according to the prescribed test 

procedure, or (2) when prescribed test 

procedures may evaluate the basic 

model in a manner so unrepresentative 

of its true energy consumption 

characteristics as to provide materially 

inaccurate comparative data. 10 CFR 

430.27(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 characteristics. 10 CFR 

430.27(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 430.27(l). Waivers 

remain in effect pursuant to the 

provisions of 10 CFR 430.27(m). 

The waiver process also allows any 

interested person who has submitted a 

petition for waiver to file an application 

for interim waiver of the applicable test 

procedure requirements. 10 CFR 

430.27(a)(2). The Assistant Secretary 

will grant an interim waiver request if 

it is determined that the applicant will 

experience economic hardship if the 

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 430.27(g). 

On August 27, 2009, Daikin filed a 

petition for waiver from the test 

procedures at 10 CFR part 430, subpart 

B, appendix M, which are applicable to 

residential central air conditioners and 

heat pumps, and an application for 

interim waiver. The Daikin Altherma 

system consists of an air-to-water heat 

pump that provides hydronic space 

heating and cooling as well as domestic 

hot water functions. It operates either as 

a split system with the compressor unit 

outdoors and the hydronic components 

in an indoors unit, or as a single 

package configuration in which all 

system components are combined in a 

single outdoor unit. In both the single 

package and the split system 

configurations, the system can include a 

domestic hot water supply tank that is 

located indoors. On December 15, 2009, 

DOE granted Daikin an interim waiver 

and published Daikin’s petition for 

waiver. 74 FR 66319. DOE received one 

comment on the Daikin petition; 

discussion of and DOE’s response to this 

comment are set forth below. 

Assertions and Determinations 

Daikin’s Petition for Waiver 

The test method for central air 

conditioners and heat pumps contained 

in 10 CFR subpart B, appendix M does 

not include any provisions to account 

for the operational characteristics of an 

air-to-water heat pump, or a central airconditioning heat pump with an 

integrated domestic hot water 

component. The applicable DOE test 

method does not account for the Daikin 

Altherma system’s energy performance 

because the test method does not 

accurately evaluate the integrated 

domestic hot water and space 

conditioning performance, nor does it 

have any provisions for air-to-water heat 

pumps. Daikin has proposed using the 

European standards that are used for 

testing and rating the Altherma products 

in Europe. These standards use an 

energy efficiency ratio (EER) to measure 

the full load performance of the cooling 

subsystem; a coefficient of performance 

(COP) to measure the full load 

performance of the heating subsystem; 

and a Seasonal Performance Factor 

(SPF) to measure the seasonal 

performance of the combined heating 

and hot water subsystems. Daikin did 

not petition to include the performance 

of the combined cooling and hot water 

functions in the waiver, nor the standalone water heater performance. 

The rating parameters EER and COP, 

although not well-known to the average 

consumer, are the steady-state efficiency 

parameters of the DOE test procedure in 

Appendix M, and are well-known to the 

domestic HVAC industry. This is not 

true of the combined performance 

parameter SPF, defined in European test 

standard 15316–4–2, ‘‘Heating systems 

in buildings—Method for calculation of 

system energy requirements and system 

efficiencies—Part 4–2: Space heating 

generation systems, heat pump 

systems,’’ and referenced by Daikin in 

its petition. SPF is entirely unknown in 

the U.S., and would be of no value to 

the U.S. consumer in making 

purchasing decisions. What would be of 

value to the consumer is a 

representation of the Altherma’s 

operating cost. Daikin did not include a 

discussion of operating cost in its 

petition for waiver. The European test 

standard 15316–4–2 does include a 

methodology for calculating operating 

cost. However, the methodology 

includes input parameters, such as 

meteorological data, design 

temperatures, and many others that 

would need to be specified in order to 

calculate the Altherma’s operating cost, 

and all of these parameters would need 

to be specified by Daikin and approved 

by DOE before DOE could allow Daikin 

to represent the Altherma’s operating 

cost. 

There are no domestic test procedures 

for testing air-to-water heat pumps for 

space conditioning only, or for 

integrated space-conditioning and water 

heater performance. DOE has previously 

granted waivers to Carrier (55 FR 13607 

(April 11, 1990)) and Nordyne (61 FR 

11395 (March 20, 1996)) for comparable 

heat pumps with integrated domestic 

water heating, but those products were 

air-to-air, not air-to-water, heat pumps. 

Daikin did not discuss testing or rating 

the Altherma products as a water heater 

only; however, we note that in mild 

weather, when no space heating or 

cooling is demanded, the Altherma will 

function as a heat pump water heater. 

One comment on Daikin’s petition 

was received from Carrier Corporation 


srobinson on DSKHWCL6B1PROD with NOTICES
Federal Register / Vol. 75, No. 117 / Friday, June 18, 2010 / Notices 34733 

(Carrier). Carrier asserted that the 

Altherma should be rated for heating 

seasonal performance factor (HSPF) and 

seasonal energy efficiency ratio (SEER), 

but acknowledged that neither rating 

could be produced using existing DOE 

test procedures. Carrier commented that 

the test procedures should be revised to 

allow such ratings. However, the 

purpose of waivers is to address 

situations in which test procedures do 

not allow testing and rating until such 

time as the procedures are revised. 

Carrier commented that the Altherma 

should be tested and rated as a water 

heater with the DOE water heater test 

procedure. However, Carrier apparently 

misunderstands the Altherma DHW 

operation, as it claims the Altherma 

would function as an electric resistance 

water heater. Carrier also urged the use 

of ASHRAE 124–2007, ‘‘Methods of 

Testing for Rating Combination SpaceHeating and Water-Heating Appliances,’’ 

for rating the Altherma as a combined 

central air-conditioning heat pump and 

water heater. However, that test 

procedure does not apply to air-to-water 

heat pumps and is not incorporated into 

any DOE test procedure. Carrier 

commented that the rating tolerances in 

the relevant European test procedures 

are different from DOE’s tolerances, and 

that DOE’s tolerances should apply. 

DOE concurs with that comment. 

As mentioned above, the Altherma 

can function as a stand-alone water 

heater, and will function as such in 

mild weather when no heating or 

cooling is demanded. Daikin’s petition 

did not discuss the Altherma’s 

performance as a stand-alone water 

heater, nor how it would be tested and 

rated in that mode. If Daikin wants to 

characterize the Altherma’s performance 

as a stand-alone water heater, Daikin 

must test and rate it according to the 

DOE test procedure in 10 CFR part 430, 

subpart B, appendix E, or petition for a 

waiver if the Altherma cannot be so 

tested. 

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 

issuing a waiver to Daikin. 

Conclusion 

After careful consideration of all the 

materials submitted by Daikin, the 

comment submitted by Carrier, and 

consultation with the FTC staff, it is 

ordered that: 

(1) Daikin shall not be required to test 

or rate its Altherma heat pump products 

on the basis of the currently applicable 

test procedure under 10 CFR part 430 

subpart B, appendix M. 

(2) Daikin shall be required to test and 

rate its Altherma heat pump products 

according to the alternate test procedure 

as set forth in paragraph (3) below: 

Type Description U.S. model name E.U. equivalent model name 

Split Altherma .................. OD Unit (Split, 3-Ton or 11kW) ............................. ERLQ036BAVJU ....................... ERLQ011BAV3 

OD Unit (Split, 4-Ton or 14kW) ............................. ERLQ048BAVJU ....................... ERLQ014BAV3 

OD Unit (Split, 4.5-Ton or 16kW) .......................... ERLQ054BAVJU ....................... ERLQ016BAV3 

Monobloc Altherma .......... OD Unit (Heat Only, 3-Ton or 11kW) ................... EDLQ036BA6VJU ..................... EDLQ011BA6V3 

OD Unit (Heat Only, 4-Ton or 14kW) ................... EDLQ048BA6VJU ..................... EDLQ014BA6V3 

OD Unit (Heat Only, 4.5-Ton or 16kW) ................ EDLQ054BA6VJU ..................... EDLQ016BA6V3 

OD Unit (Heat Pump, 3-Ton or 11kW) ................. EBLQ036BA6VJU ..................... EBLQ011BA6V3 

OD Unit (Heat Pump, 4-Ton or 14kW) ................. EBLQ048BA6VJU ..................... EBLQ014BA6V3 

OD Unit (Heat Pump, 4.5-Ton or 16kW) .............. EBLQ054BA6VJU ..................... EBLQ016BA6V3 

Hydrobox .......................... HB (Heating Only, BUH 3kW) ............................... EKHBH054BA3VJU ................... EKHBH016BA3V3 

HB (Heating Only, BUH 6kW) ............................... EKHBH054BA6VJU ................... EKHBH016BA6V3 

HB (Heat Pump, BUH 3kW) .................................. EKHBX054BA3VJU ................... EKHBX016BA3V3 

HB (Heat Pump, BUH 6kW) .................................. EKHBX054BA6VJU ................... EKHBX016BA6V3 

DHW ................................ Hot Water Tank (50 Gallon or 200L) .................... EKHWS050BA3VJU .................. EKHWS200B3V3 

Hot Water Tank (80 Gallon or 300L) .................... EKHWS080BA3VJU .................. EKHWS300B3V3 

Options ............................. Digital I/O PCB ...................................................... EKRP1HBAAU .......................... EKRP1HBAA 

Solar Pump Kit ...................................................... EKSOLHWBAVJU ..................... EKSOLHAV1 

Wired Room Thermostat ....................................... EKRTWA ................................... EKRTWA 

Condensate Kit ...................................................... EKHBDP .................................... EKHBDP 

(3) Alternate Test Procedure 

Daikin shall be required to test the 

basic models of Altherma products that 

are explicitly listed above according to: 

a. Full Load Performance and 

Efficiency—The Daikin Altherma shall 

be tested and rated according to 

European Standard EN 14511, ‘‘Air 

conditioners, liquid chilling packages 

and heat pumps with electrically driven 

compressors for space heating and 

cooling,’’ except that the test operating 

and test condition tolerances in Tables 

7, 13 and 15 of the DOE test procedure 

in 10 CFR part 430, subpart B, 

Appendix M shall apply. Daikin shall 

rate the Altherma full load heating and 

cooling performance (not including the 

DHW contribution) using coefficient of 

performance (COP) and energy 

efficiency ratio (EER). 

b. The European Standard EN 14511 

applies only to testing for COP and EER 

and does not supersede any DOE 

requirements in 10 CFR 430.24. 

(4) Representations. Daikin may make 

representations about the energy use of 

its Altherma heat pump products for 

compliance, marketing, or other 

purposes only to the extent that such 

products have been tested in accordance 

with the provisions outlined above, and 

such representations fairly disclose the 

results of such testing. Daikin may not 

make representations of annual 

operating cost, or any parameters other 

than COP and EER for the Altherma’s 

space heating and space cooling 

functions, respectively. 

(5) This waiver shall remain in effect 

from the date this order is issued, 

consistent with the provisions of 10 CFR 

430.27(m). 

(6) This waiver is issued on the 

condition that the statements, 

representations, and documentary 

materials provided by the petitioner are 

valid. DOE may revoke or modify this 

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 model’s 

true energy consumption characteristics. 

Issued in Washington, DC, on June 11, 

2010. 

Cathy Zoi, 

Assistant Secretary, Energy Efficiency and 

Renewable Energy. 

[FR Doc. 2010–14756 Filed 6–17–10; 8:45 am] 

BILLING CODE 6450–01–P 


srobinson on DSKHWCL6B1PROD with NOTICES