11438 Federal Register / Vol. 76, No. 41 / Wednesday, March 2, 2011 / Notices 

1For editorial reasons, upon codification in the 

U.S. Code, Part B was re-designated Part A. 

contained in Order No. EA–297–A for a 

five-year term. 

The electric energy that SESCO 

Canada proposes to export to Canada 

would be surplus energy purchased 

from electric utilities, Federal power 

marketing agencies, and other entities 

within the United States. The existing 

international transmission facilities to 

be utilized by SESCO Canada have 

previously been authorized by 

Presidential permits issued pursuant to 

Executive Order 10485, as amended, 

and are appropriate for open access 

transmission by third parties. 

Procedural Matters: Any person 

desiring to become a party to these 

proceedings or to be heard by filing 

comments or protests to this application 

should file a petition to intervene, 

comment, or protest at the address 

provided above in accordance with 

§§ 385.211 or 385.214 of the Federal 

Energy Regulatory Commission’s Rules 

of Practice and Procedures (18 CFR 

385.211, 385.214). Fifteen copies of each 

petition and protest should be filed with 

DOE and must be received on or before 

the date listed above. 

Comments on the SESCO Canada 

application to export electric energy to 

Canada should be clearly marked with 

OE Docket No. 297–B. Additional copies 

(one each) are to be filed directly with 

Michael Schbiger, CEO, SESCO 

Enterprises Canada, Ltd., 2 Tower 

Center, Suite 1202, East Brunswick, NJ 

08816 and Carol A. Smoots, Esq. and 

Nidhi J. Thakar, Esq., Perkins Coie, LLP, 

700 13th Street, NW., Suite 600, 

Washington, DC 20005. A final decision 

will be made on this application after 

the environmental impacts have been 

evaluated pursuant to DOE’s National 

Environmental Policy Act Implementing 

Procedures (10 CFR part 1021) and after 

a determination is made by DOE that the 

proposed action will not have an 

adverse impact on the reliability of the 

U.S. electric power supply system. 

Copies of this application will be 

made available, upon request, for public 

inspection and copying at the address 

provided above, by accessing the 

program Web site at http:// 

www.oe.energy.gov/ 

permits_pending.htm, or by e-mailing 

Odessa Hopkins at 

Odessa.Hopkins@hq.doe.gov. 

Issued in Washington, DC, on February 23, 

2011. 

Anthony J. Como, 

Director, Permitting and Siting, Office of 

Electricity Delivery and Energy Reliability. 

[FR Doc. 2011–4643 Filed 3–1–11; 8:45 am] 

BILLING CODE 6450–01–P 

DEPARTMENT OF ENERGY 

Office of Energy Efficiency and 

Renewable Energy 

[Case No. CAC–028] 

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–028. 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 Title 10 of the Code 

of Federal Regulation (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 March 2, 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: 

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. E-mail: 

mail to: 

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 

standard when making representations 

regarding the energy efficiency of these 

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

Issued in Washington, DC, on February 23, 

2011. 

Cathy Zoi, 

Assistant Secretary, Energy Efficiency and 

Renewable Energy. 

Decision and Order 

In the Matter of: Daikin AC 

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

CAC–028). 

Background 

Title III, Part B of the Energy Policy 

and Conservation Act of 1975 (EPCA), 

Public Law 94–163 (42 U.S.C. 6291– 

6309, as codified), established the 

Energy Conservation Program for 

Consumer Products Other Than 

Automobiles, a program covering most 

major household appliances, including 

the residential central air conditioners 

and heat pumps that are the focus of 

this notice.1 Part B 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)) 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 


emcdonald on DSK2BSOYB1PROD with NOTICES
Federal Register / Vol. 76, No. 41 / Wednesday, March 2, 2011 / Notices 11439 

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. The DOE test procedure 

includes provisions for only air-to-air 

heat pumps, so the Altherma cannot be 

tested according to the DOE test 

procedure. Previously, DOE granted 

Daikin an interim waiver for the 

Altherma and published its petition for 

waiver on December 15, 2009. (74 FR 

66319) DOE published a Federal 

Register notice granting Daikin’s waiver 

on June 18, 2010. (75 FR 34731) On July 

29, 2010, Daikin filed this petition for 

waiver for the Altherma, which is 

similar in all respects to the previous 

Altherma waiver—the only difference is 

that this petition involves new models 

with different capacities in the same 

capacity range. DOE received no 

comments on this Daikin petition. 

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 portion of the 

system, nor can it evaluate the spaceconditioning performance of air-towater 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 European test procedures are 

European Standard EN 14511, ‘‘Air 

conditioners, liquid chilling packages 

and heat pumps with electrically driven 

compressors for space heating and 

cooling,’’ and EN 15316, ‘‘Heating 

systems in buildings—Methods for 

calculation of system energy 

requirements and system efficiencies.’’ 

These European Standards use the 

rating parameters EER and COP. 

Although these parameters are not wellknown to the average consumer, they 

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 EN 15316. SPF is entirely 

unknown in the U.S., and would be of 

no value to the U.S. consumer in 

making purchasing decisions. 

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. DOE granted Daikin an 

interim waiver and published Daikin’s 

petition for waiver for nearly identical 

Altherma products on December 15, 

2009. (74 FR 66319) DOE granted 

Daikin’s waiver on June 18, 2010. (75 FR 

34731) In this current petition, 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. If 

Daikin wants to characterize the 

Altherma’s performance as a standalone 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 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: 


emcdonald on DSK2BSOYB1PROD with NOTICES
11440 Federal Register / Vol. 76, No. 41 / Wednesday, March 2, 2011 / Notices 

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

name 

Split Altherma .................... OD Unit (Split, 1.5–Ton or 6kW) ................................... ERLQ018BAVJU ................ ERLQ006BAV3 

OD Unit (Split, 2.0–Ton or 7kW) ................................... ERLQ024BAVJU ................ ERLQ007BAV3 

OD Unit (Split, 2.5–Ton or 8kW) ................................... ERLQ030BAVJU ................ ERLQ008BAV3 

Hydrobox ............................ HB (Heating Only, BUH 3kW) ....................................... EKHBH030BA3VJU ........... EKHBH008BA3V3 

HB (Heating Only, BUH 6kW) ....................................... EKHBH030BA6VJU ........... EKHBH008BA6V3 

HB (Heat Pump, BUH 3kW) .......................................... EKHBX030BA3VJU ............ EKHBX008BA3V3 

HB (Heat Pump, BUH 6kW) .......................................... EKHBX030BA6VJU ............ EKHBX008BA6V3 

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 Decision and 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 the 

waiver at any time if it determines that 

the factual basis underlying the petition 

for waiver is incorrect, or the results 

from the alternate test procedure are 

unrepresentative of the basic models’ 

true energy consumption characteristics. 

Issued in Washington, DC, on February 23, 

2011. 

Cathy Zoi, 

Assistant Secretary, Energy Efficiency and 

Renewable Energy. 

[FR Doc. 2011–4619 Filed 3–1–11; 8:45 am] 

BILLING CODE 6450–01–P 

DEPARTMENT OF ENERGY 

Office of Energy Efficiency and 

Renewable Energy 

[Case No. CW–017] 

Energy Conservation Program for 

Consumer Products: Decision and 

Order Granting a Waiver to Electrolux 

From the Department of Energy 

Residential Clothes Washer Test 

Procedure 

AGENCY: Office of Energy Efficiency and 

Renewable Energy, Department of 

Energy. 

ACTION: Decision and Order. 

SUMMARY: The U.S. Department of 

Energy (DOE) gives notice of the 

decision and order (Case No. CW–017) 

that grants to Electrolux Home Products 

(Electrolux) a waiver from the DOE 

clothes washer test procedure for 

determining the energy consumption of 

clothes washers. Under today’s decision 

and order, Electrolux shall be required 

to test and rate its clothes washers with 

larger clothes containers using an 

alternate test procedure that takes the 

larger capacities into account when 

measuring energy consumption. 

DATES: This Decision and Order is 

effective March 2, 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: 

mailto:Michael.Raymond@ee.doe.gov. 

Jennifer Tiedeman, U.S. Department 

of Energy, Office of the General Counsel, 

Mail Stop GC–71, 1000 Independence 

Avenue, SW., Washington, DC 20585– 

0103. Telephone: (202) 287–6111, Email: 

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

SUPPLEMENTARY INFORMATION: In 

accordance with Title 10 of the Code of 

Federal Regulations (10 CFR 430.27(l)), 

DOE gives notice of the issuance of its 

decision and order as set forth below. 

The decision and order grants 

Electrolux a waiver from the applicable 

clothes washer test procedure in 10 CFR 

part 430, subpart B, appendix J1 for 

certain basic models of clothes washers 

with capacities greater than 3.8 cubic 

feet, provided that Electrolux tests and 

rates such products using the alternate 

test procedure described in this notice. 

Today’s decision prohibits Electrolux 

from making 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. 

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). 

Issued in Washington, DC, on February 23, 

2011. 

Cathy Zoi, 

Assistant Secretary, Energy Efficiency and 

Renewable Energy. 

Decision and Order 

In the Matter of: Electrolux Home 

Products (Case No. CW–017). 

I. Background and Authority 

Title III, Part B of the Energy Policy 

and Conservation Act of 1975 (EPCA), 

Public Law 94–163 (42 U.S.C. 6291– 


emcdonald on DSK2BSOYB1PROD with NOTICES