62122 Federal Register / Vol. 75, No. 194 / Thursday, October 7, 2010 / Notices 

12.47-kilovolt transmission line; and (6) 

appurtenant facilities. The project 

would have an estimated annual 

generation of 3,000 megawatt-hours. 

Applicant Contact: Hoon Won, 275 

River Road, P.O. Box 202, Woolwich, 

ME 04579; (207) 443–9747. 

FERC Contact: Brandon Cherry, (202) 

502–8328. 

Deadline for filing comments, motions 

to intervene, competing applications 

(without notices of intent), or notices of 

intent to file competing applications: 60 

days from the issuance of this notice. 

Competing applications and notices of 

intent must meet the requirements of 18 

CFR 4.36. Comments, motions to 

intervene, notices of intent, and 

competing applications may be filed 

electronically via the Internet. See 18 

CFR 385.2001(a)(1)(iii) and the 

instructions on the Commission’s Web 

site at http://www.ferc.gov/docs-filing/ 

efiling.asp. Commenters can submit 

brief comments up to 6,000 characters, 

without prior registration, using the 

eComment system at http:// 

www.ferc.gov/docs-filing/ 

ecomment.asp. You must include your 

name and contact information at the end 

of your comments. For assistance, 

please contact FERC Online Support. 

Although the Commission strongly 

encourages electronic filing, documents 

may also be paper-filed. To paper-file, 

mail an original and seven copies to: 

Kimberly D. Bose, Secretary, Federal 

Energy Regulatory Commission, 888 

First Street, NE., Washington, DC 20426. 

More information about this project, 

including a copy of the application, can 

be viewed or printed on the ‘‘eLibrary’’ 

link of Commission’s Web site at 

http://www.ferc.gov/docs-filing/ 

elibrary.asp. Enter the docket number 

(P–13811) in the docket number field to 

access the document. For assistance, 

contact FERC Online Support. 

Kimberly D. Bose, 

Secretary. 

[FR Doc. 2010–25254 Filed 10–6–10; 8:45 am] 

BILLING CODE 6717–01–P 

DEPARTMENT OF ENERGY 

Office of Energy Efficiency and 

Renewable Energy 

[Case No. CAC–028] 

Energy Conservation Program for 

Certain Industrial Equipment: 

Publication of the Petition for Waiver 

From Daikin AC (Americas), Inc. and 

Granting of the Application for Interim 

Waiver From the Department of Energy 

Residential Central Air Conditioner and 

Heat Pump Test Procedure 

AGENCY: Office of Energy Efficiency and 

Renewable Energy, Department of 

Energy. 

ACTION: Notice of petition for waiver, 

granting of application for interim 

waiver, and request for comments. 

SUMMARY: This notice announces receipt 

of and publishes a petition for waiver 

from Daikin AC (Americas), Inc. 

(Daikin). The petition for waiver 

(hereafter ‘‘Daikin Petition’’) requests a 

waiver from the U.S. Department of 

Energy (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. Through this 

document, DOE: Solicits comments, 

data, and information with respect to 

the Daikin Petition; and grants an 

interim waiver to Daikin from the 

applicable DOE test procedure for the 

subject residential central air 

conditioning heat pump. 

DATES: DOE will accept comments, data, 

and information with respect to the 

Daikin Petition until, but no later than 

November 8, 2010. 

ADDRESSES: You may submit comments, 

identified by case number ‘‘CAC–028,’’ 

by any of the following methods: 

• Federal eRulemaking Portal: http:// 

www.regulations.gov. Follow the 

instructions for submitting comments. 

• E-mail: 

AS_Waiver_Requests@ee.doe.gov. 

Include ‘‘CAC–028’’ in the subject line of 

the message. 

• Mail: Ms. Brenda Edwards, U.S. 

Department of Energy, Building 

Technologies Program, Mailstop EE–2J/ 

1000 Independence Avenue, SW., 

Washington, DC 20585–0121. 

Telephone: (202) 586–2945. Please 

submit one signed original paper copy. 

• Hand Delivery/Courier: Ms. Brenda 

Edwards, U.S. Department of Energy, 

Building Technologies Program, 950 

L’Enfant Plaza, SW., Suite 600, 

Washington, DC 20024. Please submit 

one signed original paper copy. 

Instructions: All submissions received 

should include the agency name and 

case number for this proceeding. Submit 

electronic comments in WordPerfect, 

Microsoft Word, Portable Document 

Format (PDF), or text (American 

Standard Code for Information 

Interchange (ASCII)) file format and 

avoid the use of special characters or 

any form of encryption. Wherever 

possible, include the electronic 

signature of the author. DOE does not 

accept telefacsimiles (faxes). 

Any person submitting written 

comments must also send a copy of 

such comments to the petitioner, 

pursuant to Title 10 of the Code of 

Federal Regulations (10 CFR) 430.27(d). 

The contact information for the 

petitioner is: Mr. Lee Smith, Assistant 

Vice President—Residential Solutions, 

Daikin AC (Americas), Inc., 1645 

Wallace Drive, Suite 110, Carrollton, 

Texas 75006. 

According to 10 CFR 1004.11, any 

person submitting information that he 

or she believes to be confidential and 

exempt by law from public disclosure 

should submit two copies: One copy of 

the document including all the 

information believed to be confidential, 

and one copy of the document with the 

information believed to be confidential 

deleted. DOE will make its own 

determination about the confidential 

status of the information and treat it 

according to its determination. 

Docket: For access to the docket to 

review the background documents 

relevant to this matter, you may visit the 

U.S. Department of Energy, 950 L’Enfant 

Plaza, SW., (Resource Room of the 

Building Technologies Program), 

Washington, DC 20024; (202) 586–2945, 

between 9 a.m. and 4 p.m., Monday 

through Friday, except Federal holidays. 

Available documents include the 

following items: (1) This notice; (2) 

public comments received; (3) the 

petition for waiver and application for 

interim waiver; and (4) prior DOE 

rulemakings regarding similar central 

air conditioning and heat pump 

equipment. Please call Ms. Brenda 

Edwards at the above telephone number 

for additional information regarding 

visiting the Resource Room. 

FOR FURTHER INFORMATION CONTACT: Dr. 

Michael G. Raymond, U.S. Department 

of Energy, Building Technologies 

Program, Mail Stop EE–2J, Forrestal 

Building, 1000 Independence Avenue, 

SW., Washington, DC 20585–0121. 

Telephone: (202) 586–9611. E-mail: 

AS_Waiver_Requests@ee.doe.gov. 

Ms. Elizabeth Kohl, U.S. Department 

of Energy, Office of the General Counsel, 

Mail Stop GC–71, Forrestal Building, 


jdjones on DSK8KYBLC1PROD with NOTICES
Federal Register / Vol. 75, No. 194 / Thursday, October 7, 2010 / Notices 62123 

1000 Independence Avenue, SW., 

Washington, DC 20585–0103. 

Telephone: (202) 586–7796. E-mail: 

Elizabeth.Kohl@hq.doe.gov. 

SUPPLEMENTARY INFORMATION: 

I. Background and Authority 

Title III of the Energy Policy and 

Conservation Act, as amended (‘‘EPCA’’) 

sets forth a variety of provisions 

concerning energy efficiency. Part A of 

Title III provides for the ‘‘Energy 

Conservation Program for Consumer 

Products Other Than Automobiles.’’ (42 

U.S.C. 6291–6309). Part A includes 

definitions, test procedures, labeling 

provisions, energy conservation 

standards, and the authority to require 

information and reports from 

manufacturers. Further, Part A 

authorizes the Secretary of Energy to 

prescribe test procedures that are 

reasonably designed to produce results 

which measure energy efficiency, 

energy use, or estimated 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 is contained in 10 CFR part 

430, subpart B, appendix M. 

The regulations set forth in 10 CFR 

430.27 contain provisions that enable a 

person to seek a waiver from the test 

procedure requirements for covered 

consumer products. A waiver will be 

granted by the Assistant Secretary for 

Energy Efficiency and Renewable 

Energy (the Assistant Secretary) if it is 

determined that the basic model for 

which the petition for waiver was 

submitted contains one or more design 

characteristics that prevents testing of 

the basic model according to the 

prescribed test procedures, or if the 

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(l). 

Petitioners must include in their 

petition any alternate test procedures 

known to evaluate the basic model in a 

manner representative of its energy 

consumption. 10 CFR 430.27(b)(1)(iii). 

The Assistant Secretary may grant the 

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 the 

Assistant Secretary to grant an interim 

waiver from test procedure 

requirements to manufacturers that have 

petitioned DOE for a waiver of such 

prescribed test procedures. (10 CFR 

430.27(a)(2)). An interim waiver 

remains in effect for a period of 180 

days or until DOE issues its 

determination on the petition for 

waiver, whichever is sooner, and may 

be extended for an additionally 180 

days, if necessary. (10 CFR 430.27(h)). 

II. Petition for Waiver 

On August 27, 2009, Daikin filed an 

application for interim waiver and a 

petition for waiver for its Altherma 

products from the test procedures at 10 

CFR part 430, subpart B, appendix M, 

which apply to residential central air 

conditioners and heat pumps. DOE 

granted Daikin an interim waiver 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 the instant petition for 

waiver. The basic models covered by 

this petition differ from the models 

covered by the previous Altherma 

waiver only in that these models have 

different capacities in the same capacity 

range. 

The Daikin Altherma system consists 

of an air-to-water heat pump providing 

hydronic heating and cooling with the 

added ability to provide domestic hot 

water functions. It operates either as a 

split system with the compressor unit 

outside and the hydronic components in 

an inside unit, or as a single package 

configuration where 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 inside the 

unit. 

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 with an 

integrated domestic hot water 

component. The domestic hot water 

portion of the Daikin Altherma system 

is an integral component of the system, 

and it cannot operate independently. 

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 does it 

have any provisions for air-to-water heat 

pumps. Daikin proposes using the 

European standards that are used for 

testing and rating the Altherma products 

in Europe. The test procedures are 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’’. Daikin did not petition for 

including the performance of the 

combined cooling and hot water 

functions in the waiver. 

III. Application for Interim Waiver 

In addition to its petition for waiver 

submitted on July 29, 2010, Daikin 

submitted to DOE an application for 

interim waiver. DOE determined that 

Daikin’s application for interim waiver 

does not provide sufficient market, 

equipment price, shipments, and other 

manufacturer impact information to 

permit DOE to evaluate the economic 

hardship Daikin might experience 

absent a favorable determination on its 

application for interim waiver. 

However, DOE understands that absent 

an interim waiver, Daikin’s products 

would not otherwise be tested and rated 

for energy consumption on a 

comparable basis with equivalent 

products where DOE previously granted 

waivers. Furthermore, DOE has 

determined that it appears likely that 

Daikin’s Petition for Waiver will be 

granted and that is desirable for public 

policy reasons to grant Daikin 

immediate relief pending a 

determination on the petition for 

waiver. In those instances where the 

likely success of the petition for waiver 

has been demonstrated, based upon 

DOE having granted a waiver for similar 

product designs, it is in the public 

interest to have similar products tested 

and rated for energy consumption on a 

comparable basis. 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). 

Thus, DOE has determined that it is 

likely that Daikin’s petition for waiver 

will be granted for its new Altherma 

models. Therefore, it is ordered that: 

The Application for interim waiver 

filed by Daikin is hereby granted for 

Daikin’s Altherma heat pumps, subject 

to the specifications and conditions 

below. 

1. Daikin shall not be required to test 

or rate its Altherma heat pump products 

on the basis of the 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 


jdjones on DSK8KYBLC1PROD with NOTICES
62124 Federal Register / Vol. 75, No. 194 / Thursday, October 7, 2010 / Notices 

1 Detailed citations to the test procedures for 

which DACA is requesting a waiver are included on 

page 3 of this petition. 

as set forth in section IV, ‘‘Alternate test 

procedure.’’ 

The interim waiver applies to the 

following basic model groups: 

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 

Type .................... Description .................................................................. U.S. Model Name ........................ E.U. Equivalent Model Name 

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

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

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

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

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

This interim waiver is conditioned 

upon the presumed validity of 

statements, representations, and 

documents provided by the petitioner. 

DOE may revoke or modify this interim 

waiver at any time upon a 

determination that the factual basis 

underlying the petition for waiver is 

incorrect, or upon a determination that 

the results from the alternate test 

procedure are unrepresentative of the 

basic models’ true energy consumption 

characteristics. 

IV. Alternate Test Procedure 

DOE is not aware of an alternate test 

procedure that is applicable within the 

United States to test and rate the 

performance of air-to-water heat pump 

systems that provide heating and that 

can also perform domestic hot water 

and cooling functions such as Daikin’s 

Altherma. However, Daikin Europe N.V. 

(DENV) is currently marketing Daikin 

Altherma systems in Europe, using 

European Standards. Daikin shall be 

required to test and rate its Altherma 

heat pumps as DOE ordered in its June 

18, 2010, Daikin Altherma decision and 

order using these European Standards as 

follows: 

(1) 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). 

(2) 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. 

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. 

V. Summary and Request for Comments 

Through today’s notice, DOE 

announces receipt of the Daikin petition 

for waiver from the test procedures 

applicable to Daikin’s Altherma heat 

pump products, and for the reasons 

articulated above, DOE grants Daikin an 

interim waiver from those procedures. 

As part of this notice, DOE is publishing 

Daikin’s petition for waiver in its 

entirety. The petition contains no 

confidential information. Furthermore, 

today’s notice includes an alternate test 

procedure that Daikin is required to 

follow as a condition of its interim 

waiver and that DOE is considering 

including in its subsequent Decision 

and Order. In this alternate test 

procedure, DOE prescribes the European 

test procedure described above to 

measure the full load COP and EER to 

characterize the Altherma’s heating and 

cooling performance. 

DOE is interested in receiving 

comments on the issues addressed in 

this notice. Pursuant to 10 CFR 

430.27(d), any person submitting 

written comments must also send a 

copy of such comments to the 

petitioner, whose contact information is 

included in the section entitled 

ADDRESSES section above. 

Issued in Washington, DC, on September 

30, 2010. 

Cathy Zoi, 

Assistant Secretary, Energy Efficiency and 

Renewable Energy. 

July 29, 2010 

Ms. Catherine Zoi 

Assistant Secretary for Energy Efficiency and 

Renewable Energy 

U.S. Department of Energy 

1000 Independence Ave., SW 

Washington, DC 20585–0121 

Re: Petition for Waiver of Test Procedure 

Dear Assistant Secretary Zoi: Daikin AC 

(Americas) Inc. (DACA) respectfully petitions 

the Department of Energy (DOE) pursuant to 

10 C.F.R. § 430.27(a)(1) (2009) for a waiver of 

the test procedures applicable to central air 

conditioners and heat pumps, as established 

in 10 C.F.R. Part 430, Subpart B, Appendix 

M (2009),1 for the Daikin Altherma system, 

an air to water heat pump system that 

performs a hydronic heating function but can 

also be configured to serve domestic hot 

water requirements and also cooling as 

necessary. The particular systems and the 

specific models for which DACA requests 

this waiver in the Daikin Altherma product 

class are listed below in this Petition. DACA 

seeks a waiver from the existing central air 

conditioner and central air conditioning heat 


jdjones on DSK8KYBLC1PROD with NOTICES
Federal Register / Vol. 75, No. 194 / Thursday, October 7, 2010 / Notices 62125 

2 55 Fed. Reg. 13,607 (April 11, 1990). 

3 61 Fed. Reg. 11,395 (March 20, 1996). 

4 74 Fed. Reg. 66,319 (December 19, 2009). 

pump test procedure for the Daikin Altherma 

line of air to water heat pumps because the 

integrated water-heating feature causes the 

prescribed test procedures to evaluate the 

Daikin Altherma in a manner that is 

unrepresentative of the system’s true energy 

consumption characteristics. We are 

simultaneously requesting an interim waiver 

for the same systems pursuant to 10 C.F.R. 

§ 430.27(a)(2) (2009). 

General Characteristics of Daikin Altherma 

The Daikin Altherma system has the 

following characteristics and applications: 

• Daikin Altherma is an air to water heat 

pump that performs a space heating function 

and can be configured to provide Domestic 

Hot Water and additionally include the 

provision for space cooling. 

• Daikin Altherma can be installed as a 

two-unit split system consisting of an 

outdoor compressor unit and an indoor unit 

or ‘‘Hydrobox’’ containing the hydronic parts. 

Alternatively, the system can be installed as 

a monobloc system with a single outdoor unit 

combining the compressor and hydronic 

parts. 

• The split system includes R–410A 

refrigerant piping between the outdoor unit 

and the Hydrobox, and water piping between 

the indoor unit and the indoor heating 

appliances. The monobloc system includes 

water piping between the outdoor unit and 

the heat emitters/DHW tank. 

• Both the Daikin Altherma monobloc 

system and split system can be combined 

with under floor heating, fan coil units, and 

low temperature radiators. 

• Depending on the model and the 

conditions, a Daikin Altherma air/water heat 

pump delivers between 3 and 5 kWh of 

usable heat for every kWh of electricity used. 

• The Daikin Altherma system heat pump 

compressor incorporates inverter technology, 

with an integrated frequency-converter that 

adjusts the rotational speed of the 

compressor to meet the heating or cooling 

demand. Therefore, the system seldom 

operates at full capacity. 

• The domestic hot water tank includes a 

supplemental electrical heating element to 

boost the Domestic Hot Water temperature if 

necessary. 

• The Altherma system also can be tied 

into a solar thermal collector system that 

supports the production of domestic hot 

water. 

• The Hydrobox for the split system and 

contained in the outdoor unit in the 

monobloc system both include a built-in 

electric back-up heater to provide additional 

heating during extremely cold weather. 

Particular Basic Models for Which DACA 

Requests a Waiver 

DACA requests a waiver from the test 

procedures for the following basic model 

groups: 

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 

Daikin Altherma System Characteristics 

Constituting the Grounds for DACA’s Petition 

The Daikin Altherma system consists of an 

air to water heat pump providing hydronic 

heating with the added availability to 

provide domestic hot water and cooling 

functions that operates either as a split 

system with the compressor unit outside and 

the hydronic components in an inside unit, 

or as a monobloc configuration where all 

system components are combined in a single 

outdoor unit. In both the monobloc and the 

split system configurations, the system can 

include a domestic hot water supply tank 

that is located inside. 

The test method for central air conditioners 

and heat pumps contained in 10 C.F.R. Part 

430, Subpart B, Appendix M does not 

include any provision to account for the 

operation characteristics of an Air to Water 

heat pump of the function and energy 

consumption characteristics of a domestic 

hot water component that is integrated into 

an air to water heat pump system. The 

domestic hot water tank portion of the Daikin 

Altherma system is a regular element of the 

complete system, and it cannot operate 

independent of the rest of the system. 

Therefore, the currently applicable test 

method does not accurately 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. 

Daikin Altherma products share the design 

characteristics and basic features of three 

other products for which DOE has previously 

granted waivers. One product was Carrier’s 

Hydrotech system, 2 and the other product 

was Nordyne’s Powermiser system.3 The 

Carrier and Nordyne systems that previously 

received waivers from DOE were both air 

source heat pump systems providing both 

heating and cooling functions. Both of these 

systems also included a domestic hot water 

supply tank as an integral part of the system. 

More recently, DOE granted an interim 

waiver for another series of Altherma models, 

which share the same design features as the 

equipment covered by this waiver petition, 

but which have different capacities.4 The 

same energy consumption calculation 

constraints apply equally to all of these 

products. 

DOE stated the following in its March 20, 

1996 approval notice issuing the Nordyne: 

‘‘DOE agrees [with Nordyne] that, using the 

current central air conditioning test 

procedure, the company cannot account for 

the energy savings associated with integrated 

water heating.’’ 61 Fed. Reg. at 11,396. 

Based on this conclusion, the DOE granted 

the Nordyne Powermiser system waiver 

petition (Id.), and based on a similar analysis 

DOE granted the Carrier Hydrotech system 

waiver petition. (55 Fed. Reg. at 13,607). 

Based on the same rationale, the DOE 

granted Daikin’s previous Altherma interim 

waiver request (74 Fed. Reg. at 66,320). 

The rationale for DACA’s Petition for a 

waiver from testing standards for the Daikin 

Altherma system is identical to Daikin’s 

previous Altherma Petition, and is virtually 

identical to the basis for the other 

manufacturers’ previous requests for waivers 

noted above. DACA requests that DOE apply 

the same rationale to DACA’s Petition for 

waiver for the Daikin Altherma system that 

DOE used to grant the previous Daikin 

Altherma interim waiver petition, and the 

Carrier and Nordyne waiver petitions for 

their similar systems. 

Specific Testing Requirements Sought To Be 

Waived 

The test procedures from which DACA is 

requesting a waiver are contained in 10 

C.F.R. Part 430, Subpart B, Appendix M, 

which is incorporated by reference into 10 

C.F.R. § 430.23(m), and which is applicable 

to central air conditioner and heat pump 

equipment with a capacity of <65,000 Btu/hr. 

Detailed Discussion of Need for Requested 

Waiver 

Although the capacity of the Daikin 

Altherma product class is within the scope 

of 10 C.F.R. Part 430, Subpart B, Appendix 

M, the design characteristics of the Daikin 


jdjones on DSK8KYBLC1PROD with NOTICES
62126 Federal Register / Vol. 75, No. 194 / Thursday, October 7, 2010 / Notices 

5 DACA believes that Carrier is no longer 

marketing its Hydrotech system for which DOE 

previously granted a waiver, and DACA believes 

that Nordyne is no longer marketing its Powermiser 

system for which DOE also previously granted a 

waiver. 

Altherma product class prevent testing of the 

system according to the prescribed test 

procedures in a manner that represents the 

system’s true energy consumption 

characteristics. Specifically, application of 

the existing prescribed test method does not 

define Air to Water Heat Pump operating 

characteristics and also cannot account for 

energy savings associated with the system’s 

integrated water heating. 

The absence of a waiver from the required 

testing procedure will restrict the availability 

to consumers in the United States of the 

Daikin Altherma system’s energy savings 

benefits that result from integrating domestic 

hot water production into the system. 

Manufacturers of Other Basic Models 

Incorporating Similar Design Characteristics 

DACA is aware of no other manufacturers 

that currently produce products 

incorporating similar design characteristics 

to the Daikin Altherma system in the United 

States market.5

Alternative Test Procedures 

To our knowledge, there is no alternative 

test procedure that is applicable within the 

United States to test accurately and to rate 

the performance of air to water heat pump 

systems that provide both heating and that 

can also serve domestic hot water and 

cooling functions such as Daikin Altherma. 

However, DACA’s sister division, Daikin 

Europe N.V. (DENV) is currently marketing 

Daikin Altherma systems in Europe. To 

address the local EU requirements regarding 

testing and rating of the Daikin Altherma 

system, DENV has approached the matter in 

two ways as follows: 

Full Load Performance and Efficiency: 

Daikin Altherma is tested and rated to 

EN14511 

Annual Performance and Efficiency: 

Daikin Altherma is rated to EN15316 

Standard EN14511, Air conditioners, 

liquid chilling packages and heat pumps 

with electrically driven compressors for 

space heating and cooling, is an 

internationally recognized standard that is 

used throughout Europe. 

Standard EN14511 is published in 4 

sections and clearly defines Terms and 

Conditions (–1), Test Conditions (–2), Test 

Methods (–3) and Requirements (–4). The 

overall scope of the standard is stated in 

EN14511–1:2004(E), Section 1, Scope, which 

states that the standard: 

Specifies the terms and definitions for the 

rating and performance of air and water 

cooled air conditioners, liquid chilling 

packages, air-to-air, water-to-air, air-to-water 

and water-to-water heat pumps with 

electrically driven compressors when used 

for space heating and/or cooling. This 

European Standard does not specifically 

apply to heat pumps for sanitary hot water, 

although certain definitions can be applied to 

these. 

Standard EN14511, which is attached, 

provides the full criteria to establish full load 

performance ratings for Air to Water Heat 

Pump Systems. 

Standard EN15316, Heating systems in 

buildings—Method for calculation of system 

energy requirements and system efficiencies, 

is an internationally recognized standard that 

is also used throughout Europe. 

The portion of the standard that is relevant 

to Daikin Altherma is Standard EN15316–4– 

2, which is attached. A brief conceptual 

summary of Standard EN15316–4–2 follows: 

The Scope of Standard EN15316–1 

(Section 1) states that this standard ‘‘specifies 

the structure for calculation of energy use for 

space heating systems and domestic hot 

water systems in buildings.’’ The standard’s 

calculation method enables the energy 

analysis of the various sub-systems of the 

heating system, ‘‘including control (emission, 

distribution, storage, generation), through 

determination of the system energy losses 

and the system performance factors. This 

performance analysis permits the comparison 

between sub-systems and makes it possible to 

monitor the impact of each sub-system on the 

energy performance of the building.’’ Id. 

Under Section 4.2 of the Standard 

EN15316–1, the calculation period is 

established to evaluate the annual energy use 

of the space heating and domestic hot water 

system. 

Pursuant to Section 4.3 of the Standard, the 

calculation methods in the standard 

determine operating conditions, such as heat 

demand and water temperatures, and energy 

performance for given operating conditions, 

including system thermal losses and 

recoverable losses. 

The full attached Standard EN15316–4–2 

provides the full energy calculation method 

used under the standard for seasonal 

performance of space heating and an 

integrated domestic hot water system. No 

methodology exists for determining the 

seasonal performance of space cooling and an 

integrated domestic hot water system, as the 

air to water heat pump systems are primarily 

focused as being a ‘‘heating’’ solution. Cooling 

is deemed as an added optional benefit. 

DACA aims to utilize the performance and 

efficiency characteristics of the Daikin 

Altherma system as tested and determined by 

the EN testing and rating standards, as an 

alternate rating method for Daikin Altherma 

in lieu of an applicable U.S. testing and 

rating standard being available at this time. 

This utilization specifically means that 

DACA would promote the following 

characteristics: 

Full Load Heating Capacity and COP 

(Per EN Std 14511—Test Conditions and 

Methods defined in section 2 and section 

3 of std 14511 respectively). 

Full Load Cooling Capacity and EER 

(Per EN Std 14511—Test Conditions and 

Methods defined in section 2 and section 

3 of std 14511 respectively). 

Seasonal Performance Factor (SPF) 

(Per EN15316–4–2—Full energy 

calculation method is defined). 

No representation will be made to any 

Seasonal Performance Factor for the cooling 

operation. 

Application for Interim Waiver 

DACA also hereby applies pursuant to 10 

C.F.R. § 430.27(a)(2) for an interim waiver of 

the applicable test procedure requirements 

for the Daikin Altherma product class models 

listed above. The basis for DACA’s 

Application for Interim Waiver follows. 

DACA is likely to succeed in its Petition 

for Waiver because there is no reasonable 

argument that the test method contained in 

10 C.F.R. Part 430, Subpart B, Appendix M 

can be accurately applied to the Daikin 

Altherma product class. As explained above 

in the DACA’s Petition for Waiver, the design 

characteristics of the Daikin Altherma 

product class clearly prevent testing the 

Daikin Altherma system with the prescribed 

test procedures and obtaining a 

representative result of the system’s true 

energy consumption characteristics. 

The likelihood of DOE approving DACA’s 

Petition for Waiver is supported by the DOE’s 

history of approving previous waiver 

requests from other manufacturers for 

products that are similar to the Daikin 

Altherma product class, based on the same 

rationale offered by DACA in this Petition for 

Waiver. 

Additionally, DACA is likely to suffer 

economic hardship and competitive 

disadvantage if DOE does not grant its 

interim waiver request. DACA is now 

preparing to introduce its Daikin Altherma 

product class in a matter of months. If we 

must wait for completion of the normal 

waiver consideration and issuance process, 

DACA will be forced to delay the opportunity 

to begin recouping through product sales its 

production and marketing costs associated 

with introducing the Daikin Altherma 

product class into the United States market. 

DOE approval of DACA’s interim waiver 

application is also supported by sound 

public policy reasons. As DOE stated in its 

January 7, 2008 approval of DACA’s interim 

waiver for the VRV–WII product classes: 

[I]n those instances where the likely 

success of the Petition for Waiver has been 

demonstrated, based upon DOE having 

granted a waiver for similar products design, 

it is in the public interest to have similar 

products tested and rated for energy 

consumption on a comparable basis. 

73 Fed. Reg. at 1215. The Daikin Altherma 

product class will provide superior comfort 

to the end user, and will incorporate state of 

the art technology such as variable speed 

compressors and a solar kit to enhance the 

energy efficiency performance of the 

integrated domestic hot water production 

system component. The Daikin Altherma 

product class will introduce technologies 

that will increase system efficiency and 

reduce national energy consumption, and 

that will also offer a new level of comfort and 

control to end users. 

DACA requests that DOE grant our 

Application for Interim Waiver so we can 

bring the new highly energy efficient 

technology represented by the Daikin 

Altherma product class to the market as soon 

as possible, thereby allowing the U.S. 

consumer to benefit from our high 

technology and high efficiency product. 


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Federal Register / Vol. 75, No. 194 / Thursday, October 7, 2010 / Notices 62127 

Confidential Information 

DACA makes no request to DOE for 

confidential treatment of any information 

contained in this Petition for Waiver and 

Application for Interim Waiver. 

Conclusion 

Daikin AC (Americas), Inc. respectfully 

requests DOE to grant its Petition for Waiver 

of the applicable test procedure to DACA for 

specified models of the Altherma system, and 

to grant its Application for Interim Waiver. 

DOE’s failure to issue an interim waiver from 

test standards would cause significant 

economic hardship to DACA by preventing 

DACA from marketing these products even 

though DOE has previously granted a waiver 

to other products that were offered in the 

market with similar design characteristics. 

We would be pleased to respond to any 

questions you may have regarding this 

Petition for Waiver and Application for 

Interim Waiver. Please contact me at 972– 

245–1510 or by email at: 

Lee.smith@daikinac.com. 

Sincerely, 

Lee Smith 

Assistant Vice President—Residential 

Solutions 

Daikin AC (Americas), Inc. 

1645 Wallace Drive, Suite 110 

Carrollton, Texas 75006 

(Submitted in triplicate) 

Encls: Copy of Daikin Altherma Brochure, 

Engineering Data, EN Testing & Rating 

Standards 

[FR Doc. 2010–25302 Filed 10–6–10; 8:45 am] 

BILLING CODE 6450–01–P 

DEPARTMENT OF ENERGY 

Office of Energy Efficiency and 

Renewable Energy 

[Case No. DW–004] 

Energy Conservation Program for 

Consumer Products: Decision and 

Order Granting a Waiver to Whirlpool 

Corporation From the Department of 

Energy Residential Dishwasher 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. DW–004) 

that grants to Whirlpool Corporation 

(Whirlpool) a waiver from the DOE 

dishwasher test procedure for certain 

basic models containing integrated or 

built-in water softeners. Under today’s 

decision and order, Whirlpool shall be 

required to test and rate its dishwashers 

with integrated water softeners using an 

alternate test procedure that takes this 

technology into account when 

measuring energy and water 

consumption. 

DATES: This Decision and Order is 

effective October 7, 2010. 

FOR FURTHER INFORMATION CONTACT: Dr. 

Michael G. Raymond, U.S. Department 

of Energy, Building Technologies 

Program, Mail Stop EE–2J, Forrestal 

Building, 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: 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 

Whirlpool a waiver from the applicable 

residential dishwasher test procedure in 

10 CFR part 430, subpart B, appendix C 

for certain basic models of dishwashers 

with built-in or integrated water 

softeners, provided that Whirlpool tests 

and rates such products using the 

alternate test procedure described in 

this notice. Today’s decision prohibits 

Whirlpool 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 September 

30, 2010. 

Cathy Zoi, 

Assistant Secretary, Energy Efficiency and 

Renewable Energy. 

Decision and Order 

In the Matter of: Whirlpool 

Corporation (Case No. DW–004). 

I. Background and Authority 

Title III of the Energy Policy and 

Conservation Act (EPCA) sets forth a 

variety of provisions concerning energy 

efficiency. Part A of Title III provides for 

the ‘‘Energy Conservation Program for 

Consumer Products Other Than 

Automobiles.’’ 42 U.S.C. 6291–6309. 

Part A includes definitions, test 

procedures, labeling provisions, energy 

conservation standards, and the 

authority to require information and 

reports from manufacturers. Further, 

Part A authorizes the Secretary of 

Energy to prescribe test procedures that 

are reasonably designed to produce 

results that measure energy efficiency, 

energy use, or estimated operating costs, 

and that are not unduly burdensome to 

conduct. 42 U.S.C. 6293(b)(3). The test 

procedure for residential dishwashers, 

the subject of today’s notice, is 

contained in 10 CFR part 430, subpart 

B, appendix C. 

DOE’s regulations for covered 

products contain provisions allowing 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 for which the petition for waiver 

was submitted 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). 

Any interested person who has 

submitted a petition for waiver may also 

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). 

II. Whirlpool’s Petition for Waiver: 

Assertions and Determinations 

On March 16, 2010, Whirlpool filed a 

petition for waiver from the test 

procedure applicable to residential 

dishwashers set forth in 10 CFR Part 

430, subpart B, appendix C. The 

products covered by the petition employ 


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