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, 66319-66324 [E9-29785]

Agencies

• DEPARTMENT OF ENERGY

[Federal Register Volume 74, Number 239 (Tuesday, December 15, 2009)]
[Notices]
[Pages 66319-66324]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-29785]


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DEPARTMENT OF ENERGY

[Case No. CAC-024]


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 is: (1) Soliciting comments, 
data, and information with respect to the Daikin Petition; and (2) 
granting 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 January 14, 2010.

ADDRESSES: You may submit comments, identified by case number ``CAC-
024,'' by any of the following methods:
     Federal eRulemaking Portal: https://www.regulations.gov. 
Follow the instructions for submitting comments.
     E-mail: AS_Waiver_Requests@ee.doe.gov. Include either 
the case number [CAC-024], and/or ``Daikin Petition'' 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 must 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) 431.401(d). The contact information for 
the petitioner is: Mr. Lee Smith, Director of Product Marketing, 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. Francine Pinto or Mr. Michael Kido, U.S. Department of Energy, 
Office of the General Counsel, Mail Stop GC-72, Forrestal Building, 
1000 Independence Avenue, SW., Washington, DC 20585-0103. Telephone: 
(202) 586-9507. E-mail: Francine.Pinto@hq.doe.gov or 
Michael.Kido@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 part 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 part 430.27(m).

[[Page 66320]]

    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 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 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 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, using energy efficiency ratio 
(EER) to measure the full load performance of the cooling subsystem, 
coefficient of performance (COP) to measure the full load performance 
of the heating subsystem, and SPF to measure the seasonal performance 
of the combined heating and hot water subsystems. 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

    On August 27, 2009, in addition to its petition for waiver, 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. In other words, there would not be a 
level playing field and thus Daikin would be placed at a competitive 
disadvantage. 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. Although the heat pumps for which DOE has 
previously granted waivers were air-to-air systems rather than air-to-
water systems, like the Daikin Altherma system, the essential bases, 
rationale, and comparable matters-of-fact used to substantiate similar 
waivers are consistent throughout.
    The principal reason supporting the granting of these waivers also 
applies to Daikin's Altherma product, i.e., the DOE test procedure has 
no provisions for heat pumps that integrate domestic water heating. 
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 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, 3-Ton   ERLQ036BAVJU                 ERLQ011BAV3
                                 or 11kW).
                                OD Unit (Split, 4-Ton   ERLQ048BAVJU                 ERLQ014BAV3
                                 or 14kW).
                                OD Unit (Split, 4.5-    ERLQ054BAVJU                 ERLQ016BAV3
                                 Ton or 16kW).
Monobloc Altherma.............  OD Unit (Heat Only, 3-  EDLQ036BA6VJU                EDLQ011BA6V3
                                 Ton or 11kW).
                                OD Unit (Heat Only, 4-  EDLQ048BA6VJU                EDLQ014BA6V3
                                 Ton or 14kW).
                                OD Unit (Heat Only,     EDLQ054BA6VJU                EDLQ016BA6V3
                                 4.5-Ton or 16kW).
                                OD Unit (Heat Pump, 3-  EBLQ036BA6VJU                EBLQ011BA6V3
                                 Ton or 11kW).
                                OD Unit (Heat Pump, 4-  EBLQ048BA6VJU                EBLQ014BA6V3
                                 Ton or 14kW).
                                OD Unit (Heat Pump,     EBLQ054BA6VJU                EBLQ016BA6V3
                                 4.5-Ton or 16kW).
Hydrobox......................  HB (Heating Only, BUH   EKHBH054BA3VJU               EKHBH016BA3V3
                                 3kW).
                                HB (Heating Only, BUH   EKHBH054BA6VJU               EKHBH016BA6V3
                                 6kW).
                                HB (Heat Pump, BUH      EKHBX054BA3VJU               EKHBX016BA3V3
                                 3kW).
                                HB (Heat Pump, BUH      EKHBX054BA6VJU               EKHBX016BA6V3
                                 6kW).
DHW...........................  Hot Water Tank          EKHWS050BA3VJU               EKHWS200B3V3
                                 (50Gallon or 200L).
                                Hot Water Tank          EKHWS080BA3VJU               EKHWS300B3V3
                                 (80Gallon or 300L).

[[Page 66321]]

 
Options.......................  Digital I/O PCB.......  EKRP1HBAAU                   EKRP1HBAA
                                Solar Pump Kit........  EKSOLHWBAVJU                 EKSOLHAV1
                                Wired Room Thermostat.  EKRTWA                       EKRTWA
                                Condensate Kit........  EKHBDP                       EKHBDP
----------------------------------------------------------------------------------------------------------------

    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 using these European 
Standards as follows:
    (1) Full Load Performance and Efficiency:--Daikin Altherma shall be 
tested and rated according to Standard EN 14511, Air conditioners, 
liquid chilling packages and heat pumps with electrically driven 
compressors for space heating and cooling. Daikin shall rate the 
Altherma full load heating and cooling performance (no domestic hot 
water, or DHW, contribution) using COP and EER.
    (2) Annual Performance and Efficiency:--Daikin Altherma shall be 
rated according to EN 15316, Heating systems in buildings--Method for 
calculation of system energy requirements and system efficiencies. 
Under Section 4.2 of the Standard EN 15316-1, the calculation period is 
established to evaluate the annual energy use of the space heating and 
domestic hot water system. Using 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. Standard EN 15316-4-2 provides the full energy 
calculation method used under the standard for seasonal performance of 
space heating and an integrated domestic hot water system. Daikin shall 
rate the combined seasonal performance factor of the Altherma using the 
Seasonal Performance Factor (SPF) according to EN 15316-4-2. The 
cooling operation shall not be accounted for in the SPF.
    In making representations about the energy efficiency of its 
Altherma heat pump products, for compliance, marketing, or other 
purposes, Daikin must fairly disclose the results of testing under the 
alternate DOE test procedure described above.

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 procedures described above 
to measure the full load COP and EER to characterize the Altherma's 
heating and cooling performance, and to measure the SPF to characterize 
the Altherma's combined seasonal performance of the heating and 
domestic hot water functions.
    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 above.

    Issued in Washington, DC, on December 8, 2009.
Cathy Zoi,
Assistant Secretary, Energy Efficiency and Renewable Energy.
August 27, 2009
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 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).
---------------------------------------------------------------------------

    \1\ Detailed citations to the test procedures for which DACA is 
requesting a waiver are included on page 3 of this petition.
---------------------------------------------------------------------------

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

[[Page 66322]]

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, 3-Ton   ERLQ036BAVJU                 ERLQ011BAV3
                                 or 11kW).
                                OD Unit (Split, 4-Ton   ERLQ048BAVJU                 ERLQ014BAV3
                                 or 14kW).
                                OD Unit (Split, 4.5-    ERLQ054BAVJU                 ERLQ016BAV3
                                 Ton or 16kW).
Monobloc Altherma.............  OD Unit (Heat Only, 3-  EDLQ036BA6VJU                EDLQ011BA6V3
                                 Ton or 11kW).
                                OD Unit (Heat Only, 4-  EDLQ048BA6VJU                EDLQ014BA6V3
                                 Ton or 14kW).
                                OD Unit (Heat Only,     EDLQ054BA6VJU                EDLQ016BA6V3
                                 4.5-Ton or 16kW).
                                OD Unit (Heat Pump, 3-  EBLQ036BA6VJU                EBLQ011BA6V3
                                 Ton or 11kW).
                                OD Unit (Heat Pump, 4-  EBLQ048BA6VJU                EBLQ014BA6V3
                                 Ton or 14kW).
                                OD Unit (Heat Pump,     EBLQ054BA6VJU                EBLQ016BA6V3
                                 4.5-Ton or 16kW).
Hydrobox......................  HB (Heating Only, BUH   EKHBH054BA3VJU               EKHBH016BA3V3
                                 3kW).
                                HB (Heating Only, BUH   EKHBH054BA6VJU               EKHBH016BA6V3
                                 6kW).
                                HB (Heat Pump, BUH      EKHBX054BA3VJU               EKHBX016BA3V3
                                 3kW).
                                HB (Heat Pump, BUH      EKHBX054BA6VJU               EKHBX016BA6V3
                                 6kW).
DHW...........................  Hot Water Tank          EKHWS050BA3VJU               EKHWS200B3V3
                                 (50Gallon or 200L).
                                Hot Water Tank          EKHWS080BA3VJU               EKHWS300B3V3
                                 (80Gallon 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 CFR 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 two 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. 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).
---------------------------------------------------------------------------

    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).
    The rationale for DACA's Petition for a waiver from testing 
standards for the Daikin Altherma system is virtually

[[Page 66323]]

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 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 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.\4\
---------------------------------------------------------------------------

    \4\ 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,

[[Page 66324]]

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.

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 Lee Smith, Director of Product of Product Marketing at 
972-245-1510 or by email at Lee.smith@daikinac.com.

Sincerely,

Akinori Atarashi
President
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. E9-29785 Filed 12-14-09; 8:45 am]
BILLING CODE 6450-01-P