[Federal Register Volume 75, Number 194 (Thursday, October 7, 2010)]
[Notices]
[Pages 62122-62127]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-25302]


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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.

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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-to-water 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:
    <bullet> Federal eRulemaking Portal: http://www.regulations.gov. 
Follow the instructions for submitting comments.
    <bullet> E-mail: <a href="/cdn-cgi/l/email-protection#97d6c4c8c0f6fee1f2e5c8c5f2e6e2f2e4e3e4d7f2f2b9f3f8f2b9f0f8e1"><span class="__cf_email__" data-cfemail="9edfcdc1c9fff7e8fbecc1ccfbefebfbedeaeddefbfbb0faf1fbb0f9f1e8">[email protected]</span></a>. Include ``CAC-
028'' in the subject line of the message.
    <bullet> 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.
    <bullet> 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: <a href="/cdn-cgi/l/email-protection#5f1e0c00083e36293a2d000d3a2e2a3a2c2b2c1f3a3a713b303a71383029"><span class="__cf_email__" data-cfemail="3475676b63555d4251466b66514541514740477451511a505b511a535b42">[email protected]</span></a>.
    Ms. Elizabeth Kohl, U.S. Department of Energy, Office of the 
General Counsel, Mail Stop GC-71, Forrestal Building,

[[Page 62123]]

1000 Independence Avenue, SW., Washington, DC 20585-0103. Telephone: 
(202) 586-7796. E-mail: <a href="/cdn-cgi/l/email-protection#f4b1989d8e959691809cdabf9b9c98b49c85da909b91da939b82"><span class="__cf_email__" data-cfemail="a4e1c8cddec5c6c1d0cc8aefcbccc8e4ccd58ac0cbc18ac3cbd2">[email protected]</span></a>.

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

[[Page 62124]]

as set forth in section IV, ``Alternate test procedure.''
    The interim waiver applies to the following basic model groups:

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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   EKHWS050BA3VJU................................  EKHWS200B3V3
                               or 200L).
                              Hot Water Tank (80 Gallon   EKHWS080BA3VJU................................  EKHWS300B3V3
                               or 300L).
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  ERLQ018BAVJU..................................  ERLQ006BAV3
                               6kW).
Hydrobox....................  OD Unit (Split, 2.0-Ton or  ERLQ024BAVJU..................................  ERLQ007BAV3
                               7kW).
                              OD Unit (Split, 2.5-Ton or  ERLQ030BAVJU..................................  ERLQ008BAV3
                               8kW).
                              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. Sec.  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

[[Page 62125]]

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. Sec.  
430.27(a)(2) (2009).
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    \1\ Detailed citations to the test procedures for which DACA is 
requesting a waiver are included on page 3 of this petition.
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General Characteristics of Daikin Altherma

    The Daikin Altherma system has the following characteristics and 
applications:
    <bullet> 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.
    <bullet> 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.
    <bullet> 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.
    <bullet> Both the Daikin Altherma monobloc system and split 
system can be combined with under floor heating, fan coil units, and 
low temperature radiators.
    <bullet> 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.
    <bullet> 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.
    <bullet> The domestic hot water tank includes a supplemental 
electrical heating element to boost the Domestic Hot Water 
temperature if necessary.
    <bullet> The Altherma system also can be tied into a solar 
thermal collector system that supports the production of domestic 
hot water.
    <bullet> 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  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   EKHWS050BA3VJU                                  EKHWS200B3V3
                               or 200L).
                              Hot Water Tank (80 Gallon   EKHWS080BA3VJU                                  EKHWS300B3V3
                               or 300L).
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.
---------------------------------------------------------------------------

    \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).
---------------------------------------------------------------------------

    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. Sec.  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

[[Page 62126]]

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\
---------------------------------------------------------------------------

    \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.
---------------------------------------------------------------------------

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. Sec.  
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.

[[Page 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: 
<a href="/cdn-cgi/l/email-protection#5f133a3a712c32362b371f3b3e363436313e3c713c3032"><span class="__cf_email__" data-cfemail="773b121259041a1e031f3713161e1c1e1916145914181a">[email protected]</span></a>.
 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


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