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[Federal Register Volume 76, Number 41 (Wednesday, March 2, 2011)]
[Notices]
[Pages 11438-11440]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-4619]

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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.

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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-to-water 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-to-water heat pump, or 
any central air-conditioning 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.
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    \1\ For editorial reasons, upon codification in the U.S. Code, 
Part B was re-designated Part A.
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    DOE's regulations for covered products allow a person to seek a 
waiver

[[Page 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 air-conditioning 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 
space-conditioning performance of 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 stand-alone 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 well-known 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 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 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:

[[Page 11440]]

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                Type                           Description                       U.S. model name                       E.U. equivalent model name
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Split Altherma......................  OD Unit (Split, 1.5-Ton or    ERLQ018BAVJU.............................  ERLQ006BAV3
                                       6kW).
                                      OD Unit (Split, 2.0-Ton or    ERLQ024BAVJU.............................  ERLQ007BAV3
                                       7kW).
                                      OD Unit (Split, 2.5-Ton or    ERLQ030BAVJU.............................  ERLQ008BAV3
                                       8kW).
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  EKHWS050BA3VJU...........................  EKHWS200B3V3
                                       200L).
                                      Hot Water Tank (80 Gallon or  EKHWS080BA3VJU...........................  EKHWS300B3V3
                                       300L).
Options.............................  Digital I/O PCB.............  EKRP1HBAAU...............................  EKRP1HBAA
                                      Solar Pump Kit..............  EKSOLHWBAVJU.............................  EKSOLHAV1
                                      Wired Room Thermostat.......  EKRTWA...................................  EKRTWA
                                      Condensate Kit..............  EKHBDP...................................  EKHBDP
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     (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
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