[Federal Register Volume 75, Number 117 (Friday, June 18, 2010)]
[Notices]
[Pages 34731-34733]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-14756]


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DEPARTMENT OF ENERGY

Office of Energy Efficiency and Renewable Energy

[Case No. CAC-024]


Energy Conservation Program for Consumer Products: Decision and 
Order Granting a Waiver to Daikin AC (Americas), Inc. (Daikin) From the 
Department of Energy Residential Central Air Conditioner and Heat Pump 
Test Procedures

AGENCY: Office of Energy Efficiency and Renewable Energy, Department of 
Energy.

ACTION: Decision and order.

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SUMMARY: This notice publishes the U.S. Department of Energy's (DOE) 
decision and order in Case No. CAC-024. DOE grants a waiver to Daikin 
from the existing DOE test procedure applicable to residential central 
air conditioners and heat pumps. The waiver request is specific to the 
Daikin Altherma air-to-water heat pump with integrated domestic water 
heating. The test method for central air conditioners and heat pumps 
contained in 10 CFR part 430, subpart B, appendix M does not include 
any provisions to account for the operational characteristics of an 
air-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 June 18, 2010.

FOR FURTHER INFORMATION CONTACT: Dr. Michael G. Raymond, U.S. 
Department of Energy, Building Technologies Program, Mailstop EE-2J, 
1000 Independence Avenue, SW., Washington, DC 20585-0121. Telephone: 
(202) 586-9611. E-mail: [email protected].
    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: mailto:[email protected].

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

[[Page 34732]]

standard when making representations regarding the energy efficiency of 
these products. (42 U.S.C. 6293(c))

    Issued in Washington, DC, on June 11, 2010.
Cathy Zoi,
Assistant Secretary, Energy Efficiency and Renewable Energy.

Decision and Order

    In the Matter of: Daikin AC (Americas), Inc. (Daikin) (Case No. 
CAC-024).

Background

    Title III of the Energy Policy and Conservation Act (EPCA) sets 
forth a variety of provisions concerning energy efficiency, including 
Part A of Title III, which provides for the ``Energy Conservation 
Program for Consumer Products Other Than Automobiles.'' (42 U.S.C. 
6291-6309) Part A of Title III includes definitions, test procedures, 
labeling provisions, energy conservation standards for covered 
products, and the authority to require information and reports from 
manufacturers. Further, EPCA authorizes the Secretary of Energy to 
prescribe test procedures that are reasonably designed to produce 
results that measure energy efficiency, energy use, or estimated annual 
operating costs, and that are not unduly burdensome to conduct. (42 
U.S.C. 6293(b)(3))
    Today's notice involves residential central air conditioning and 
heat pump products covered under Part A. The test procedure for 
residential central air conditioners and heat pumps is contained in 10 
CFR part 430, subpart B, appendix M.
    DOE's regulations for covered products allow a person to seek a 
waiver for a particular basic model from the test procedure 
requirements for covered consumer products, when (1) the petitioner's 
basic model contains one or more design characteristics that prevent 
testing according to the prescribed test procedure, or (2) when 
prescribed test procedures may evaluate the basic model in a manner so 
unrepresentative of its true energy consumption characteristics as to 
provide materially inaccurate comparative data. 10 CFR 430.27(a)(1). 
Petitioners must include in their petition any alternate test 
procedures known to the petitioner to evaluate the basic model in a 
manner representative of its energy consumption characteristics. 10 CFR 
430.27(b)(1)(iii). The Assistant Secretary for Energy Efficiency and 
Renewable Energy (the Assistant Secretary) may grant a waiver subject 
to conditions, including adherence to alternate test procedures. 10 CFR 
430.27(l). Waivers remain in effect pursuant to the provisions of 10 
CFR 430.27(m).
    The waiver process also allows any interested person who has 
submitted a petition for waiver to file an application for interim 
waiver of the applicable test procedure requirements. 10 CFR 
430.27(a)(2). The Assistant Secretary will grant an interim waiver 
request if it is determined that the applicant will experience economic 
hardship if the interim waiver is denied; if it appears likely that the 
petition for waiver will be granted; and/or the Assistant Secretary 
determines that it would be desirable for public policy reasons to 
grant immediate relief pending a determination on the petition for 
waiver. 10 CFR 430.27(g).
    On August 27, 2009, Daikin filed a petition for waiver from the 
test procedures at 10 CFR part 430, subpart B, appendix M, which are 
applicable to residential central air conditioners and heat pumps, and 
an application for interim waiver. The Daikin Altherma system consists 
of an air-to-water heat pump that provides hydronic space heating and 
cooling as well as domestic hot water functions. It operates either as 
a split system with the compressor unit outdoors and the hydronic 
components in an indoors unit, or as a single package configuration in 
which all system components are combined in a single outdoor unit. In 
both the single package and the split system configurations, the system 
can include a domestic hot water supply tank that is located indoors. 
On December 15, 2009, DOE granted Daikin an interim waiver and 
published Daikin's petition for waiver. 74 FR 66319. DOE received one 
comment on the Daikin petition; discussion of and DOE's response to 
this comment are set forth below.

Assertions and Determinations

Daikin's Petition for Waiver
    The test method for central air conditioners and heat pumps 
contained in 10 CFR subpart B, appendix M does not include any 
provisions to account for the operational characteristics of an air-to-
water heat pump, or a central 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 and space conditioning performance, nor does it have 
any provisions for air-to-water heat pumps. Daikin has proposed using 
the European standards that are used for testing and rating the 
Altherma products in Europe. These standards use an energy efficiency 
ratio (EER) to measure the full load performance of the cooling 
subsystem; a coefficient of performance (COP) to measure the full load 
performance of the heating subsystem; and a Seasonal Performance Factor 
(SPF) to measure the seasonal performance of the combined heating and 
hot water subsystems. Daikin did not petition to include the 
performance of the combined cooling and hot water functions in the 
waiver, nor the stand-alone water heater performance.
    The rating parameters EER and COP, although not well-known to the 
average consumer, are the steady-state efficiency parameters of the DOE 
test procedure in Appendix M, and are well-known to the domestic HVAC 
industry. This is not true of the combined performance parameter SPF, 
defined in European test standard 15316-4-2, ``Heating systems in 
buildings--Method for calculation of system energy requirements and 
system efficiencies--Part 4-2: Space heating generation systems, heat 
pump systems,'' and referenced by Daikin in its petition. SPF is 
entirely unknown in the U.S., and would be of no value to the U.S. 
consumer in making purchasing decisions. What would be of value to the 
consumer is a representation of the Altherma's operating cost. Daikin 
did not include a discussion of operating cost in its petition for 
waiver. The European test standard 15316-4-2 does include a methodology 
for calculating operating cost. However, the methodology includes input 
parameters, such as meteorological data, design temperatures, and many 
others that would need to be specified in order to calculate the 
Altherma's operating cost, and all of these parameters would need to be 
specified by Daikin and approved by DOE before DOE could allow Daikin 
to represent the Altherma's operating cost.
    There are no domestic test procedures for testing air-to-water heat 
pumps for space conditioning only, or for integrated space-conditioning 
and water heater performance. DOE has previously granted waivers to 
Carrier (55 FR 13607 (April 11, 1990)) and Nordyne (61 FR 11395 (March 
20, 1996)) for comparable heat pumps with integrated domestic water 
heating, but those products were air-to-air, not air-to-water, heat 
pumps. Daikin did not discuss testing or rating the Altherma products 
as a water heater only; however, we note that in mild weather, when no 
space heating or cooling is demanded, the Altherma will function as a 
heat pump water heater.
    One comment on Daikin's petition was received from Carrier 
Corporation

[[Page 34733]]

(Carrier). Carrier asserted that the Altherma should be rated for 
heating seasonal performance factor (HSPF) and seasonal energy 
efficiency ratio (SEER), but acknowledged that neither rating could be 
produced using existing DOE test procedures. Carrier commented that the 
test procedures should be revised to allow such ratings. However, the 
purpose of waivers is to address situations in which test procedures do 
not allow testing and rating until such time as the procedures are 
revised. Carrier commented that the Altherma should be tested and rated 
as a water heater with the DOE water heater test procedure. However, 
Carrier apparently misunderstands the Altherma DHW operation, as it 
claims the Altherma would function as an electric resistance water 
heater. Carrier also urged the use of ASHRAE 124-2007, ``Methods of 
Testing for Rating Combination Space-Heating and Water-Heating 
Appliances,'' for rating the Altherma as a combined central air-
conditioning heat pump and water heater. However, that test procedure 
does not apply to air-to-water heat pumps and is not incorporated into 
any DOE test procedure. Carrier commented that the rating tolerances in 
the relevant European test procedures are different from DOE's 
tolerances, and that DOE's tolerances should apply. DOE concurs with 
that comment.
    As mentioned above, the Altherma can function as a stand-alone 
water heater, and will function as such in mild weather when no heating 
or cooling is demanded. Daikin's petition did not discuss the 
Altherma's performance as a stand-alone water heater, nor how it would 
be tested and rated in that mode. If Daikin wants to characterize the 
Altherma's performance as a stand-alone water heater, Daikin must test 
and rate it according to the DOE test procedure in 10 CFR part 430, 
subpart B, appendix E, or petition for a waiver if the Altherma cannot 
be so tested.
Consultations With Other Agencies
    DOE consulted with the Federal Trade Commission (FTC) staff 
concerning the Daikin Petition for Waiver. The FTC staff did not have 
any objections to issuing a waiver to Daikin.

Conclusion

    After careful consideration of all the materials submitted by 
Daikin, the comment submitted by Carrier, and consultation with the FTC 
staff, it is ordered that:
    (1) Daikin shall not be required to test or rate its Altherma heat 
pump products on the basis of the currently applicable test procedure 
under 10 CFR part 430 subpart B, appendix M.
    (2) Daikin shall be required to test and rate its Altherma heat 
pump products according to the alternate test procedure as set forth in 
paragraph (3) below:

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                                                                                           E.U. equivalent model
                Type                         Description              U.S. model name              name
----------------------------------------------------------------------------------------------------------------
Split Altherma.....................  OD Unit (Split, 3-Ton or     ERLQ036BAVJU..........  ERLQ011BAV3
                                      11kW).
                                     OD Unit (Split, 4-Ton or     ERLQ048BAVJU..........  ERLQ014BAV3
                                      14kW).
                                     OD Unit (Split, 4.5-Ton or   ERLQ054BAVJU..........  ERLQ016BAV3
                                      16kW).
Monobloc Altherma..................  OD Unit (Heat Only, 3-Ton    EDLQ036BA6VJU.........  EDLQ011BA6V3
                                      or 11kW).
                                     OD Unit (Heat Only, 4-Ton    EDLQ048BA6VJU.........  EDLQ014BA6V3
                                      or 14kW).
                                     OD Unit (Heat Only, 4.5-Ton  EDLQ054BA6VJU.........  EDLQ016BA6V3
                                      or 16kW).
                                     OD Unit (Heat Pump, 3-Ton    EBLQ036BA6VJU.........  EBLQ011BA6V3
                                      or 11kW).
                                     OD Unit (Heat Pump, 4-Ton    EBLQ048BA6VJU.........  EBLQ014BA6V3
                                      or 14kW).
                                     OD Unit (Heat Pump, 4.5-Ton  EBLQ054BA6VJU.........  EBLQ016BA6V3
                                      or 16kW).
Hydrobox...........................  HB (Heating Only, BUH 3kW).  EKHBH054BA3VJU........  EKHBH016BA3V3
                                     HB (Heating Only, BUH 6kW).  EKHBH054BA6VJU........  EKHBH016BA6V3
                                     HB (Heat Pump, BUH 3kW)....  EKHBX054BA3VJU........  EKHBX016BA3V3
                                     HB (Heat Pump, BUH 6kW)....  EKHBX054BA6VJU........  EKHBX016BA6V3
DHW................................  Hot Water Tank (50 Gallon    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
----------------------------------------------------------------------------------------------------------------

     (3) Alternate Test Procedure
    Daikin shall be required to test the basic models of Altherma 
products that are explicitly listed above according to:
    a. Full Load Performance and Efficiency--The Daikin Altherma shall 
be tested and rated according to European Standard EN 14511, ``Air 
conditioners, liquid chilling packages and heat pumps with electrically 
driven compressors for space heating and cooling,'' except that the 
test operating and test condition tolerances in Tables 7, 13 and 15 of 
the DOE test procedure in 10 CFR part 430, subpart B, Appendix M shall 
apply. Daikin shall rate the Altherma full load heating and cooling 
performance (not including the DHW contribution) using coefficient of 
performance (COP) and energy efficiency ratio (EER).
    b. The European Standard EN 14511 applies only to testing for COP 
and EER and does not supersede any DOE requirements in 10 CFR 430.24.
    (4) Representations. Daikin may make representations about the 
energy use of its Altherma heat pump products for compliance, 
marketing, or other purposes only to the extent that such products have 
been tested in accordance with the provisions outlined above, and such 
representations fairly disclose the results of such testing. Daikin may 
not make representations of annual operating cost, or any parameters 
other than COP and EER for the Altherma's space heating and space 
cooling functions, respectively.
    (5) This waiver shall remain in effect from the date this order is 
issued, consistent with the provisions of 10 CFR 430.27(m).
    (6) This waiver is issued on the condition that the statements, 
representations, and documentary materials provided by the petitioner 
are valid. DOE may revoke or modify this waiver at any time if it 
determines the factual basis underlying the petition for waiver is 
incorrect, or the results from the alternate test procedure are 
unrepresentative of the basic model's true energy consumption 
characteristics.

    Issued in Washington, DC, on June 11, 2010.

Cathy Zoi,
Assistant Secretary, Energy Efficiency and Renewable Energy.

[FR Doc. 2010-14756 Filed 6-17-10; 8:45 am]
BILLING CODE 6450-01-P