81_FR_31925 81 FR 31827 - Energy Conservation Program: Test Procedure for Battery Chargers

81 FR 31827 - Energy Conservation Program: Test Procedure for Battery Chargers

DEPARTMENT OF ENERGY

Federal Register Volume 81, Issue 98 (May 20, 2016)

Page Range31827-31844
FR Document2016-11486

On August 6, 2015, the U.S. Department of Energy (``DOE'') issued a notice of proposed rulemaking (``NOPR'') to amend the test procedure for battery chargers. This final rule is based on that NOPR. The final rule amends the current test procedure, incorporating changes that will take effect 30 days after the final rule publication date. These changes will be mandatory for product testing to demonstrate compliance with any future energy conservation standards that DOE may adopt and for any representations made regarding the energy consumption or energy efficiency of battery chargers starting 180 days after publication of this rule. In summary, these changes update the battery selection criteria for multi-voltage, multi-capacity battery chargers, harmonize the instrumentation resolution and uncertainty requirements with the second edition of the International Electrotechnical Commission (``IEC'') 62301 standard for measuring standby power, define and exclude back-up battery chargers from the testing requirements of this rulemaking, outline provisions for conditioning lead acid batteries, specify sampling and certification requirements for compliance with future energy conservation standards, and correct typographical errors in the current test procedure.

Federal Register, Volume 81 Issue 98 (Friday, May 20, 2016)
[Federal Register Volume 81, Number 98 (Friday, May 20, 2016)]
[Rules and Regulations]
[Pages 31827-31844]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-11486]



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Federal Register / Vol. 81, No. 98 / Friday, May 20, 2016 / Rules and 
Regulations

[[Page 31827]]



DEPARTMENT OF ENERGY

10 CFR Parts 429 and 430

[Docket No. EERE-2014-BT-TP-0044]
RIN 1904-AD45


Energy Conservation Program: Test Procedure for Battery Chargers

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

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: On August 6, 2015, the U.S. Department of Energy (``DOE'') 
issued a notice of proposed rulemaking (``NOPR'') to amend the test 
procedure for battery chargers. This final rule is based on that NOPR. 
The final rule amends the current test procedure, incorporating changes 
that will take effect 30 days after the final rule publication date. 
These changes will be mandatory for product testing to demonstrate 
compliance with any future energy conservation standards that DOE may 
adopt and for any representations made regarding the energy consumption 
or energy efficiency of battery chargers starting 180 days after 
publication of this rule. In summary, these changes update the battery 
selection criteria for multi-voltage, multi-capacity battery chargers, 
harmonize the instrumentation resolution and uncertainty requirements 
with the second edition of the International Electrotechnical 
Commission (``IEC'') 62301 standard for measuring standby power, define 
and exclude back-up battery chargers from the testing requirements of 
this rulemaking, outline provisions for conditioning lead acid 
batteries, specify sampling and certification requirements for 
compliance with future energy conservation standards, and correct 
typographical errors in the current test procedure.

DATES: The effective date of this rule is June 20, 2016. The final rule 
changes will be mandatory for representations made starting November 
16, 2016. The incorporation by reference of certain material listed in 
this rule is approved by the Director of the Federal Register as of 
June 20, 2016.

ADDRESSES: The docket, which includes Federal Register notices, public 
meeting attendee lists and transcripts, comments, and other supporting 
documents/materials, is available for review at www.regulations.gov. 
All documents in the docket are listed in the www.regulations.gov 
index. However, some documents listed in the index, such as those 
containing information that is exempt from public disclosure, may not 
be publicly available.
    A link to the docket Web page can be found at: http://www.regulations.gov/#!docketDetail;D=EERE-2014-BT-TP-0044. The 
www.regulations.gov Web page contains simple instructions on how to 
access all documents, including public comments, in the docket.
    For further information on how to review the docket, contact Ms. 
Brenda Edwards at (202) 586-2945 or by email: 
[email protected].

FOR FURTHER INFORMATION CONTACT: 
Mr. Jeremy Dommu, U.S. Department of Energy, Office of Energy 
Efficiency and Renewable Energy, Building Technologies Office, EE-2J, 
1000 Independence Avenue SW., Washington, DC 20585-0121. Telephone: 
(202) 586-9870. Email: 
[email protected].
Mr. Pete Cochran, U.S. Department of Energy, Office of the General 
Counsel, GC-33, 1000 Independence Avenue SW., Washington, DC 20585-
0121. Telephone: (202) 586-9496. Email: [email protected].

SUPPLEMENTARY INFORMATION: This final rule incorporates the resolution 
parameters for power measurements and uncertainty methodologies found 
in section 4 of IEC 62301, Edition 2.0, 2011-01, ``Household electrical 
appliances--Measurement of standby power'', (``IEC 62301'') by 
reference into part 430.
    Copies of the IEC 62301 standard can be obtained from the IEC's 
webstore at https://webstore.iec.ch/home.

Table of Contents

I. Authority and Background
II. Summary of the Final Rule
III. Discussion
    A. Measurement Accuracy and Precision
    B. Battery Selection and Testing of Multi-Voltage, Multi-
Capacity Battery Chargers
    C. Back-Up Battery Chargers
    D. Conditioning and Discharge Rate for Lead Acid Battery 
Chargers
    E. Sampling and Certification Requirements
    F. Enforcement Testing Sampling Plan
    G. Corrections to Typographical Errors
    H. Limiting Other Non-Battery-Charger Functions
    I. Discharging Lithium Ion Batteries
IV. Procedural Issues and Regulatory Review
    A. Review Under Executive Order 12866
    B. Review Under the Regulatory Flexibility Act
    C. Review Under the Paperwork Reduction Act of 1995
    D. Review Under the National Environmental Policy Act of 1969
    E. Review Under Executive Order 13132
    F. Review Under Executive Order 12988
    G. Review Under the Unfunded Mandates Reform Act of 1995
    H. Review Under the Treasury and General Government 
Appropriations Act, 1999
    I. Review Under Executive Order 12630
    J. Review Under Treasury and General Government Appropriations 
Act, 2001
    K. Review Under Executive Order 13211
    L. Review Under Section 32 of the Federal Energy Administration 
Act of 1974
    M. Description of Material Incorporated by Reference
    N. Congressional Notification
V. Approval of the Office of the Secretary

I. Authority and Background

    Title III of the Energy Policy and Conservation Act of 1975 (42 
U.S.C. 6291, et seq.; ``EPCA'' or, ``the Act'') sets forth a variety of 
provisions designed to improve energy efficiency.\1\ Part B of title 
III, which for editorial reasons was redesignated as Part A upon 
incorporation into the U.S. Code (42 U.S.C. 6291-6309, as codified), 
established the ``Energy Conservation Program for Consumer Products 
Other Than Automobiles.'' Battery chargers are among the consumer 
products affected by these provisions.
---------------------------------------------------------------------------

    \1\ All references to EPCA refer to the statute as amended 
through the Energy Efficiency Improvement Act of 2015, Public Law 
114-11 (April 30, 2015).
---------------------------------------------------------------------------

    Under EPCA, the energy conservation program consists essentially of 
four parts: (1) Testing, (2) labeling, (3) Federal energy conservation 
standards, and (4) certification and enforcement

[[Page 31828]]

procedures. The testing requirements consist of test procedures that 
manufacturers of covered products must use as the basis for (1) 
ensuring their products comply with the applicable energy conservation 
standards adopted under EPCA (42 U.S.C. 6295(s)), and (2) making 
representations about the efficiency of those products (42 U.S.C. 
6293(c)). Similarly, DOE must use these test procedures to determine 
whether the products comply with any relevant standards promulgated 
under EPCA. (42 U.S.C. 6295(s))
    EPCA sets forth the criteria and procedures DOE must follow when 
prescribing or amending test procedures for covered products. EPCA 
provides that any new or amended test procedure must be reasonably 
designed to produce test results which measure energy efficiency, 
energy use, or estimated annual operating cost of a covered product 
during a representative average use cycle or period of use and must not 
be unduly burdensome to conduct. (42 U.S.C. 6293(b)(3))
    In addition, if DOE determines that a test procedure amendment is 
warranted, it must publish a proposed test procedure and offer the 
public an opportunity to present oral and written comments. (42 U.S.C. 
6293(b)(2)) Finally, in any rulemaking to amend a test procedure, DOE 
must determine to what extent, if any, the proposed test procedure 
would alter the measured energy efficiency of the covered product as 
determined under the existing test procedure. (42 U.S.C. 6293(e)(1))
    The Energy Policy Act of 2005 (``EPACT 2005''), Public Law 109-58 
(Aug. 8, 2005), amended EPCA by adding provisions related to battery 
chargers. Among these provisions were definitions outlining what 
constitutes a battery charger and a requirement that DOE prescribe 
definitions and test procedures for the power use of battery chargers 
and external power supplies. (42 U.S.C. 6295(u)(1)(A)) DOE complied 
with this requirement by publishing a test procedure final rule on 
December 8, 2006, that established a new Appendix Y to address the 
testing of battery chargers to measure their energy consumption and 
adopted several definitions related to the testing of battery chargers. 
71 FR 71340 (codified at appendix Y to subpart B of 10 CFR part 430 
``Uniform Test Method for Measuring the Energy Consumption of Battery 
Chargers''). Lastly, DOE incorporated by reference specific sections of 
the U.S. Environmental Protection Agency's (``EPA'') ``Test Methodology 
for Determining the Energy Performance of Battery Charging Systems'' 
\2\ when measuring inactive mode energy consumption.
---------------------------------------------------------------------------

    \2\ U.S. Environmental Protection Agency. ``Test Methodology for 
Determining the Energy Performance of Battery Charging Systems.'' 
December 2005. Available at: https://www.energystar.gov/ia/partners/prod_development/downloads/Battery_Chargers_Test_Method.pdf.
---------------------------------------------------------------------------

    The Energy Independence and Security Act of 2007 (``EISA 2007''), 
Public Law 110-140 (Dec. 19, 2007) later amended EPCA by defining 
active mode, standby mode, and off mode. (42 U.S.C. 6295(gg)(1)(A)) 
EISA 2007 also directed DOE to amend its existing test procedure by 
December 31, 2008, to measure the energy consumed in standby mode and 
off mode for battery chargers. (42 U.S.C. 6295(gg)(2)(B)(i)) Further, 
it authorized DOE to amend, by rule, any of the definitions for active, 
standby, and off modes. (42 U.S.C. 6295(gg)(1)(B)) Accordingly, DOE 
issued a notice of proposed rulemaking (NOPR) on August 15, 2008 (73 FR 
48054), and a final rule on March 27, 2009 (74 FR 13318) to establish 
definitions for these terms.
    Subsequently, in response to numerous testing issues raised by 
commenters in the context of DOE's energy conservation standards 
rulemaking efforts for battery chargers, DOE issued another NOPR on 
April 2, 2010. 75 FR 16958. The NOPR proposed adding a new active mode 
energy consumption test procedure for battery chargers that would 
assist in developing potential energy conservation standards for these 
products. DOE also proposed amending portions of its standby and off 
mode battery charger test procedure to shorten overall measurement 
time. DOE held a public meeting to discuss its test procedure NOPR on 
May 7, 2010, where it also received comments on the proposals set forth 
in the NOPR. After receiving comments at the public meeting, DOE 
published a final rule that codified a new active mode test procedure 
and amended the standby and off mode test procedures. 76 FR 31750 (June 
1, 2011). As federal standards for battery chargers have yet to be 
finalized, DOE has not required manufacturers to submit energy 
efficiency data for their products tested under the battery charger 
test procedure.
    Following the publication of the most recent battery charger test 
procedure final rule, DOE continued to receive additional questions and 
requests for clarification regarding the testing, rating, and 
classification of battery chargers. As part of the continuing effort to 
establish federal energy conservation standards for battery chargers 
and to develop a clear and widely applicable test procedure, DOE 
published a Notice of Data Availability (NODA) on May 15, 2014. 79 FR 
27774. The NODA sought stakeholder comments concerning the 
repeatability of the test procedure for battery chargers with several 
consumer configurations, and on anticipated market penetration of new 
battery charging technologies that may require further revisions to 
DOE's regulations. DOE also sought stakeholder comments on the 
reporting methodologies for manufacturers attempting to comply with 
California's Energy Commission's (CEC's) efficiency standards for 
battery chargers in order to understand certain data discrepancies in 
the CEC database. DOE indicated its interest in soliciting feedback to 
determine whether the current procedure contained any ambiguities 
requiring clarification. These issues were discussed during DOE's NODA 
public meeting on June 3, 2014.
    To improve the repeatability and reproducibility of the battery 
charger test procedure, DOE issued a NOPR on August 6, 2015 (``August 
2015 NOPR''), which, based on stakeholder comments to the NODA, 
proposed amendments to appendix Y to subpart B of 10 CFR part 430 and 
to 10 CFR part 429. 80 FR 46855. DOE then held a public meeting to 
discuss these proposed amendments on September 15, 2015 and allowed for 
written comments to be submitted through October 20, 2015. This rule 
addresses comments that were received on the proposal, and finalizes 
many of the proposed changes to appendix Y to subpart B of 10 CFR part 
430 and to 10 CFR part 429.

II. Summary of the Final Rule

    This final rule makes several amendments to the current test 
procedure for battery chargers. First, the final rule harmonizes the 
current test procedure for battery chargers with the latest version of 
the IEC 62301 standard by providing specific resolution and measurement 
tolerances. This amendment ensures that the measurements resulting from 
the current test procedure are repeatable and reproducible.
    Second, the final rule amends the battery selection criteria for 
multi-voltage, multi-capacity battery chargers to limit the number of 
batteries selected for testing to one. For multi-voltage, multi-
capacity battery chargers, the battery with the highest rated voltage 
is to be selected for testing. If at least two batteries meet the 
criteria of having the highest rated voltage, then the battery with the 
highest rated charge capacity at that rated voltage is to be selected 
for testing.

[[Page 31829]]

    Third, the final rule defines and excludes back-up battery chargers 
embedded in continuous use devices from being required to be tested 
under the battery charger test procedure.
    Fourth, the final rule allows lead acid batteries to be conditioned 
prior to testing by applying the protocol currently used for other 
battery chemistries (excluding lithium-ion). DOE is aware that a lead 
acid battery's condition may vary upon purchase and this variation can 
impact the performance of lead acid batteries. Conditioning of these 
batteries prior to testing will help mitigate the extent of this 
variation and reduce the variability of the test results.
    Fifth, the final rule adds product-specific certification reporting 
requirements to 10 CFR 429.39(b), which had been reserved. The final 
rule also adds a sampling methodology to be used for determining 
representations of battery charger energy consumption and also adds 
provisions for enforcement testing. These amendments specify the 
required data elements to certify compliance with any energy 
conservation standards for battery chargers that DOE may adopt, 
describe how to calculate the representations, and provide a method for 
DOE to enforce compliance with any energy conservation standards for 
battery chargers that DOE may promulgate.
    Sixth, the final rule corrects an internal cross-reference error in 
the current version of Table 3.1 contained in appendix Y to subpart B 
of 10 CFR part 430, adds units of measurement to the measured and 
calculated values in the table, and removes the empty value column 
currently contained in that table. Additionally, the final rule 
corrects a typographical error in section 5.8(c)(2) of appendix Y to 
subpart B of 10 CFR part 430.
    Table II-1 below summarizes the changes and affected sections of 10 
CFR parts 429 and 430.

Table II-1--Summary of Changes and Affected Sections of 10 CFR Parts 429
                                 and 430
------------------------------------------------------------------------
         Modified sections                Summary of modifications
------------------------------------------------------------------------
429.39 Battery Chargers...........   Revised requirements for
                                     determining represented values for
                                     battery chargers in 429.39(a).
                                     Created a new paragraph
                                     (b), specifying requirements for
                                     certifications of compliance with
                                     energy conservation standards for
                                     battery chargers.
430.2. Definitions................   Added definition of ``back-
                                     up battery charger.''
1. Scope..........................   Inserted exceptions for
                                     back-up battery chargers embedded
                                     in continuous use devices.
2. Definitions....................   Inserted unit in the
                                     definition of C-Rate in section
                                     2.10.
                                     Renamed ``rated battery
                                     voltages'' as ``Nameplate battery
                                     voltages'' in section 2.17.
                                     Renamed ``Rated battery
                                     voltage'' as ``Nameplate battery
                                     voltage'' in section 2.19.
                                     Renamed ``Rated charge
                                     capacity'' as ``Nameplate battery
                                     charge capacity'' in section 2.20.
                                     Renamed ``Rated energy
                                     capacity'' as ``Nameplate battery
                                     energy capacity'' in section 2.21.
3. Standard Test Conditions.......   Incorporated by reference
                                     the uncertainty requirements of IEC
                                     62301 in 3.2(a).
                                     Corrected the internal
                                     cross reference in Table 3.1 for
                                     item 4 and modified the table by
                                     removing the current ``value''
                                     column and adding units to the
                                     table as appropriate.
4. Unit Under Test (UUT) Setup       Revised 4.3(a)(1) to remove
 Requirements.                       the possibility of
                                     misinterpretation regarding
                                     selection of batteries to use for
                                     testing for battery chargers
                                     packaged with multiple batteries.
                                     Clarified in section 4.3(b)
                                     that a single battery must be
                                     selected as a result of applying
                                     the battery selection criteria in
                                     Table 4.1. Inserted a paragraph in
                                     section 4.3(b) to require selecting
                                     the single battery resulting in the
                                     highest maintenance mode power when
                                     following Table 4.1 results in two
                                     or more distinct batteries.
                                     Changed ``rated charge
                                     capacity'' and ``rated charge
                                     capacities'' to ``nameplate battery
                                     charge capacity'' and ``nameplate
                                     battery charge capacities,''
                                     respectively, in section 4.3(c).
                                     Updated Table 4.1 to remove
                                     instances of multiple batteries for
                                     test and instructed that, where
                                     applicable, the battery with the
                                     highest voltage must be selected
                                     for testing. If multiple batteries
                                     meet the criteria of highest
                                     voltage, then the battery with the
                                     highest charge capacity at that
                                     voltage must be selected for
                                     testing. Removed column ``number of
                                     tests.''
5. Test Measurements..............   Changed ``rated battery
                                     voltage'', ``rated charge
                                     capacity'' and ``rated charge
                                     energy'' to ``nameplate battery
                                     voltage'', ``nameplate battery
                                     charge capacity'' and ``nameplate
                                     battery energy capacity,''
                                     respectively, in section 5.1.
                                     Removed reference to lead
                                     acid batteries from section 5.3(a).
                                     Inserted provision for lead
                                     acid batteries to be discharged to
                                     end-of-discharge voltages specified
                                     in Table 5.2.
                                     Removed reference to lead
                                     acid from section 5.3(d).
                                     Corrected the unit of
                                     discharge current to ``C'' in
                                     section 5.8(c)(2).
                                     Added footnote in Table 5.2
                                     regarding situations with
                                     protective circuits preventing
                                     batteries from reaching the
                                     specified discharge voltage.
------------------------------------------------------------------------

III. Discussion

    In response to the August 2015 NOPR, DOE received written comments 
from 18 interested parties, including manufacturers, trade 
associations, standards development organizations, energy efficiency 
advocacy groups, and a foreign government. Table III-1 below lists the 
entities that commented on that NOPR and their affiliation. These 
comments are discussed in more detail below, and the full set of 
comments can be found at: http://www.regulations.gov/#!docketBrowser;rpp=25;po=0;dct=PS;D=EERE-2014-BT-TP-0044.

[[Page 31830]]



  Table III-1--Interested Parties That Provided Written Comments on the
                            August 2015 NOPR
------------------------------------------------------------------------
                                                            Comment No.
             Commenter                     Acronym            (docket
                                                            reference)
------------------------------------------------------------------------
Association of Home Appliance       Joint Commenters....              16
 Manufacturers, Power Tool
 Institute and Outdoor Power
 Equipment Institute.
ARRIS Group, Inc and Cisco          ARRIS...............              19
 Systems, Inc.
California Energy Commission......  CEC.................              08
California Investor Owned           CA IOUs.............              21
 Utilities.
Delta-Q Technologies Corp.........  Delta-Q.............              11
Information Technology Industry     ITI.................              17
 Council.
iRobot Corp.......................  iRobot..............              07
Japan Four Electric and Electronic  Japan 4EE...........              06
 Industrial Associations.
Johnson Outdoor Marine              JOME................              02
 Electronics, Inc.
National Electrical Manufacturers   NEMA................              13
 Association.
National Marine Manufacturers       NMMA................              09
 Association.
Natural Resources Defense Council,  NRDC, et al.........              20
 Appliance Standards Awareness
 Project, and Northwest Energy
 Efficiency Alliance.
NOPR Public Meeting Transcript,     Pub. Mtg. Tr........              04
 various parties.
People's Republic of China........  P. R. China.........              05
Power MergerCo, Inc...............  Power MergerCo......              15
Power Tools Institute and Outdoor   PTI/OPEI............              14
 Power Equipment Institute.
Schneider Electric................  Schneider Electric..              12
Telecommunications Industry         TIA.................              10
 Association.
WAHL Clipper Corp.................  WAHL Clipper........              18
------------------------------------------------------------------------

A. Measurement Accuracy and Precision

    To continue to ensure that DOE's test procedure for battery 
chargers is harmonized with the default guidelines for power and energy 
measurements generally recognized by many regulatory bodies, DOE 
proposed in the August 2015 NOPR to incorporate by reference the 
resolution parameters and uncertainty methodologies found in section 4 
of the second edition of the IEC 62301 standard. 80 FR 46855, 46861.
    DOE received comments from the CA IOUs, ITI, NEMA, NMMA, Schneider 
Electric, and WAHL Clipper supporting the proposal. (CA IOUs, No. 21, 
p. 3, ITI, No. 17, p. 4, NEMA, No. 13, p. 3, NMMA, No. 9, p. 3, 
Schneider Electric, No. 12, p. 4, WAHL Clipper, No. 18, p. 1). DOE also 
received comments from JOME and Delta-Q opposing the proposal. JOME 
expressed concern that the sampling rate of at least one sample per 
second prescribed in the second edition of the IEC 62301 standard will 
produce large amounts of data during the 24-hour energy consumption 
test and the management of these data can be cumbersome for 
manufacturers. (JOME, No. 2, p. 2) JOME and Delta-Q both recommended a 
sampling rate of at least one sample per minute. (JOME, No. 2, p. 2, 
Delta-Q, No. 11, p. 1) Additionally, JOME opposed the mandated 
calculation of uncertainty of measurement in annex D of the second 
edition of the IEC 62301 standard. (JOME, No. 2, p. 3)
    DOE believes that harmonization with the second edition of the IEC 
62301 standard is necessary for ensuring accuracy and repeatability of 
test results for battery chargers. DOE does not believe that the 
increase in data resulting from the higher sampling rate is cumbersome 
or unduly burdensome on manufacturers since test data acquisition and 
storage is performed automatically using electronic test equipment. 
Furthermore, DOE believes that the mandated calculation of uncertainty 
of measurement, as prescribed in annex D of the second edition of the 
IEC 62301 standard, is necessary for appropriately quantifying the 
accuracy of measured values. Thus, DOE is incorporating by reference 
the resolution parameters and uncertainty methodologies found in 
section 4 of the second edition of the IEC 62301 standard in this final 
rule.

B. Battery Selection and Testing of Multi-Voltage, Multi-Capacity 
Battery Chargers

    In order to eliminate ambiguity in the battery selection criteria 
and reduce testing burden on manufacturers, DOE proposed in the August 
2015 NOPR to reduce the number of batteries selected for testing 
certain multi-voltage, multi-capacity battery chargers to one. 80 FR at 
46860. These criteria are applicable to multi-voltage, multi-capacity 
battery chargers packaged or sold without a battery or packaged and 
sold with more than one battery. Specifically, DOE proposed to modify 
Table 4.1 to eliminate the multiple tests currently required for multi-
voltage and multi-capacity battery chargers and instead require that 
only one battery with the highest voltage and/or highest capacity be 
selected. DOE's proposal would result in only one set of test results, 
and after application of the sampling plan, a single represented value 
for each basic model of battery charger. Any potential energy 
conservation standard would only apply to the specific combination that 
is required to be tested and represented as part of the test procedure.
    DOE received numerous comments from a variety of stakeholders 
regarding the proposed change in the battery selection criteria for 
multi-voltage, multi-capacity battery chargers. First, DOE received 
comments from NEMA, NRDC, et al., and Schneider Electric opposing the 
proposal to limit the number of batteries selected for testing multi-
voltage, multi-capacity battery chargers to one. NEMA argued that 
limiting the number of batteries selected for testing to a single 
battery prescribes an unnecessary restriction on manufacturers of 
battery chargers. NEMA further argued that multiple chemistries and 
capacity values make battery chargers a very diverse category, whose 
test results cannot be duplicated under too-specific test procedures. 
(NEMA, No. 13, p. 2) Schneider Electric also argued that limiting the 
number of batteries selected for testing to a single battery is an 
unnecessary and burdensome restriction on battery charger 
manufacturers. Schneider Electric stated that testing a battery charger 
with the highest voltage or highest capacity battery does not

[[Page 31831]]

capture the worst-case energy consumption of the battery charger. 
Schneider Electric recommended an approach requiring manufacturers to 
select, identify, and declare which battery was used for testing 
(typically, the worst-case battery subsystem in terms of energy 
consumption). These testing specifics would be reported and available 
to DOE and third-party test facilities, to enable them to reproduce the 
test results. (Schneider Electric, No. 12, p. 2)
    DOE believes that the proposed battery selection criteria for 
testing multi-voltage, multi-capacity battery chargers, packaged or 
sold without a battery or packaged and sold with more than one battery, 
is most representative of the overall energy use of the battery charger 
while reducing testing burden on manufacturers of battery chargers. Due 
to the increased costs and complexity for a battery charger to support 
higher voltages, it is unlikely that a manufacturer would add support 
for higher voltages unless there was a strong demand to charge such 
batteries. Adding support for lower voltage batteries, however, incurs 
little to no additional cost or design complexity. Thus, the highest 
voltage and/or highest capacity battery is likely the most 
representative combination for a battery charger. As Schneider Electric 
notes, the highest voltage or capacity may not necessarily be the 
highest energy use. However, the highest voltage or capacity would be 
the most common use of such a battery charger. Additionally, it would 
be burdensome to determine which battery did result in the highest 
energy use as that would require testing all the combinations of 
batteries the battery charger supported and, at this point in time, DOE 
does not have a reason to believe this is necessary. Allowing 
manufacturers to declare and select the battery used would reduce the 
testing burden; however, that approach could be inconsistently applied 
amongst different manufacturers based on how such batteries were 
selected and may result in battery selections that are not commonly 
used by consumers. DOE also notes that restricting test results to a 
single battery instead of multiple batteries would reduce burden on a 
manufacturer if the potential energy conservation standards only 
require compliance at the tested battery configuration. Finally, 
contrary to the assertion of NEMA and Schneider Electric, manufacturers 
would still be able to distribute the basic model of battery charger 
with other batteries; DOE is only limiting the battery with which the 
manufacturer is required to test the battery charger.
    NRDC, et al. also opposed DOE's proposal and recommended that DOE 
retain the current battery selection criteria for multi-voltage, multi-
capacity battery chargers so that these chargers are tested against the 
entire range of batteries compatible with that basic model of charger. 
Further, NRDC, et al. recommended that the test procedure should ensure 
battery chargers are tested with the batteries they are shipped with 
instead of the highest capacity batteries that the chargers are capable 
of charging. (NRDC, et al., No. 20, p. 3) While DOE is finalizing its 
proposal of testing multi-voltage, multi-capacity battery chargers 
shipped either with multiple batteries or without a battery, with one 
and only one battery to, in part, remove ambiguity in the battery 
selection criteria, the primary reason is to balance testing burden on 
manufacturers against potential losses in energy savings that may arise 
due to testing in specific configurations or modes. DOE believes that 
testing at the highest voltage would most likely capture the highest 
energy use of the battery charger as well as the most common use of the 
battery charger by consumers. DOE will monitor the market as compliance 
is required and revisit this approach if DOE believes this approach is 
resulting in unintended consequences. DOE further emphasizes that the 
selection criteria provided in Table 4.1 of Appendix Y apply only to 
battery chargers packaged with multiple batteries, or packaged without 
a battery. The selection criteria do not apply to battery chargers with 
integrated batteries or to battery charger basic models that are 
packaged with only one battery (in each of those cases, the battery 
packaged with the charger would be used for testing). For a battery 
charger packaged with a battery, the battery charger basic model 
includes the entire battery charger system as packaged together and 
distributed into commerce. Therefore, if a battery charger is packaged 
and sold with a single battery of a particular voltage and capacity, 
and that same charger model is packaged and sold with another single 
battery of different voltage and capacity, then each combination of 
charger circuitry and battery would be considered its own battery 
charger basic model. A battery charger basic model is subject to 
testing, certification, and compliance with an energy conservation 
standard. The selection criteria are not relevant in these cases 
because the test procedure would require testing the battery charger 
circuitry and the (single) battery packaged together as a single 
battery charger basic model. The battery selection criteria proposed in 
the August 2015 NOPR are only used when more than one battery is 
packaged with a battery charger or when no batteries are packaged with 
the charger. For the reasons stated above, DOE is finalizing its 
proposal to reduce the number of batteries selected for testing certain 
multi-voltage, multi-capacity battery chargers packaged with multiple 
batteries, or packaged without a battery, to one in this final rule.
    DOE also received stakeholder comments supporting the proposed 
battery selection criteria but arguing that the highest voltage and 
highest capacity might not always be found in the same physical 
battery. (The Joint Commenters, No. 16, p. 5; DELL Inc., Pub. Mtg. Tr., 
No. 4, p. 31-33). Under DOE's proposal, a multi-voltage and multi-
capacity battery charger would be tested using the battery or 
configuration of batteries with the highest individual voltage and 
highest total rated energy capacity. Upon further consideration, DOE 
acknowledges that this proposal creates ambiguity in cases where a 
battery with a lower voltage has a higher rated energy capacity than a 
battery with a higher voltage, and vice-versa. To eliminate this 
ambiguity in the proposed battery selection criteria, ITI and PTI/OPEI 
recommended selecting a battery with the highest capacity, and if 
multiple batteries exist with the same capacity then the battery with 
the highest voltage would be selected. (ITI, No. 17, p. 2, PTI/OPEI, No 
14, p. 4) In contrast, NRDC, et al. recommended selecting a battery 
with the highest voltage, and if multiple batteries of the same voltage 
exist then select the battery with the highest capacity. (NRDC, et al., 
No. 20, p. 2) NRDC, et al. also recommended selecting the battery with 
the lowest charge capacity, and if multiple batteries meet this 
criterion, then the compatible battery with the lowest voltage and 
lowest charge capacity would be selected. (NRDC, et al., No. 20, p. 3) 
NEMA recommended that manufacturers should be permitted discretion on 
battery selection based on internal considerations such as the most 
common type of batteries used in their supply chain, etc. (NEMA, No. 
13, p. 2) DOE also received comments that recommended selecting the 
most common battery for the application (JOME, No. 2, p. 2), the 
battery mentioned in the user manual (Japan 4EE, No. 6, p. 3), and the 
readily available batteries specific to lead acid battery chargers 
(NMMA, No. 9, p. 2).
    The proposals from NEMA, Japan 4EE, and NMMA could be

[[Page 31832]]

representative of the battery charger energy; however, there is no way 
to ensure repeatability when selecting the battery since different 
manufacturers may select recommended batteries for reasons unrelated to 
representativeness, the most commonly used battery may change over 
time, and readily available batteries may also change over time 
resulting in constant retesting and recertifications.
    In the August 2015 NOPR, DOE proposed that the highest voltage and/
or highest capacity battery be selected for multi-voltage, multi-
capacity battery chargers. 80 FR at 46860. DOE intended to prioritize 
battery voltage over battery capacity. Higher voltages require the most 
design consideration for battery chargers, and a manufacturer would not 
design for higher voltages unless it was common and significant to the 
use of the battery charger. Increased battery capacity generally does 
not require as significant a redesign of the battery charger. 
Therefore, in response to stakeholder comments and to clarify its 
original intention, DOE is modifying the battery selection criteria 
language for multi-voltage, multi-capacity battery chargers in Table 
4.1 to more clearly specify that battery voltage is prioritized over 
battery capacity. This update eliminates any ambiguity in the battery 
selection criteria while ensuring that the energy consumption of multi-
voltage, multi-capacity battery chargers is tested at the most 
representative combination as DOE intended.
    Further, DOE received comments from NRDC, et al. supporting DOE's 
additional proposed criterion of testing a multi-voltage, multi-
capacity, multi-chemistry battery charger with a battery that results 
in the highest maintenance mode power if applying the battery selection 
criteria in Table 4.1 results in more than one battery selected (such 
that two or more batteries, each with a unique chemistry, meet the 
selection criteria). (NRDC, et al., No. 20, p. 2) However, NMMA 
recommended that DOE clarify that the selection criterion of highest 
maintenance mode power only applies to chargers of distinct 
chemistries, and does not apply to lead acid battery chargers sold 
without an accompanying battery. NMMA stated that the maintenance mode 
power of lead acid batteries depends on a number of factors, not all 
manufacturers of lead acid batteries publish this information, and, 
therefore, selection of worst-case lead acid batteries may be difficult 
to achieve. (NMMA, No. 9, p. 2)
    In response to the concern raised by NMMA, DOE clarifies that the 
additional battery selection criterion of selecting the battery that 
results in the highest mode maintenance power was intended to only 
apply when application of the battery selection criteria in Table 4.1 
to multi-voltage, multi-capacity, multi-chemistry chargers results in 
more than one battery (such that two or more batteries, each with a 
unique chemistry, meet the selection criteria). This criterion was not 
intended to and will not apply to multi-voltage, multi-capacity battery 
chargers sold without an accompanied battery that are only capable of 
charging batteries of a single chemistry such as lead acid. 
Additionally, since DOE is reducing the testing burden to a single 
voltage point, testing with the highest maintenance mode power ensures 
that the energy savings from a potential energy conservation standard 
is maximized. Therefore, DOE is finalizing the additional battery 
selection criterion of selecting the battery and battery charger 
combination resulting in the highest maintenance mode power if applying 
the battery selection criteria in Table 4.1 results in more than one 
battery (such that two or more batteries, each with a unique chemistry, 
meet the selection criteria) for a multi-voltage, multi-capacity, 
multi-chemistry battery charger.
    Lastly, NEMA recommended that DOE require manufacturers of multi-
voltage, multi-capacity, multi-chemistry battery chargers to identify 
and declare testing specifics that would be reported and available to 
DOE and third-party test facilities, to enable them to reproduce the 
test results. (NEMA, No. 13, p. 2) NEMA's recommendation was based on 
its recommendation that DOE relax the requirements of its proposed test 
procedure to allow options for battery selection under these 
circumstances. NEMA contended that ``too-specific test procedures 
challenge successful duplication of test efforts.'' (NEMA, No. 13, p. 
2) DOE believes, to the contrary, that deviation from the standard 
protocols would negatively affect accuracy and repeatability of test 
results. Therefore, this test procedure final rule for battery chargers 
details and standardizes all specifics surrounding compliance testing. 
As such, there will be no need for the requirement recommended by NEMA.

C. Back-Up Battery Chargers

    In the August 2015 NOPR, DOE proposed to define back-up battery 
chargers and exclude them from the scope of the battery chargers test 
procedure rulemaking. 80 FR at 46860. In that document, DOE explained 
that because these types of devices are becoming increasingly 
integrated with a variety of products that do not perform back-up 
battery charging as a primary function, measuring the energy use 
associated with the battery charging function of these devices is often 
extremely difficult--if not impossible--because of the inability to 
isolate the energy usage from the battery charging function during 
testing. DOE proposed to define back-up battery chargers in 10 CFR 
430.2 as a battery charger that: (1) Is embedded in a separate end-use 
product that is designed to operate continuously using mains power (AC 
or DC), and (2) has as its sole purpose to recharge a battery used to 
maintain continuity of load power in case of input power failure.
    DOE received comments from ARRIS and Japan 4EE supporting DOE's 
decision to define and exclude back-up battery chargers from the scope 
of the battery chargers test procedure. (ARRIS, No. 19, p. 1, Japan 
4EE, No. 6, p. 3) However, DOE also received comments from the CA IOUs, 
CEC, NRDC, et al. and Schneider Electric opposing this aspect of DOE's 
proposal. Schneider Electric expressed concern that, in the absence of 
a Federal test procedure covering back-up battery chargers, 
manufacturers of back-up battery chargers are faced with the 
possibility of individual states introducing numerous and potentially 
inconsistent test procedures and energy conservation standards, which 
will be unduly burdensome on manufacturers. (Schneider Electric, No. 
12, p. 1) The CEC, CA IOUs, and NRDC, et al. contended that excluding 
back-up battery chargers from the test procedure will preempt the CEC's 
existing energy efficiency standards for back-up battery chargers, 
which can potentially lead to backsliding of energy savings from the 
CEC standards. Furthermore, the CEC, CA IOUs and NRDC, et al. suggested 
that, if DOE decides to exclude back-up battery chargers from the scope 
of the battery chargers test procedure, DOE should exclude back-up 
battery chargers from the definition of battery chargers altogether, 
which will allow the current CEC standards to remain applicable until 
DOE decides to introduce a specific test procedure for back-up battery 
chargers. (CEC, No. 8, p. 3, CA IOUs, No. 21, p. 3, NRDC, et al., No. 
20, p. 2)
    In response to these concerns, DOE clarifies here that, while the 
rule adopted here will preempt state test procedures for battery 
chargers, state energy conservation standards for battery chargers, 
including back-up battery chargers and UPSs, prescribed or enacted 
before publication of this final rule, will not be preempted until the 
compliance date of Federal energy

[[Page 31833]]

conservation standards for battery chargers. (42 U.S.C. 6295(ii)(1))
    DOE has considered all stakeholder comments related to this topic 
and is finalizing the exclusion of back-up battery chargers, as defined 
in 10 CFR 430.2, from the battery charger test procedure. This is not 
because it is not possible to apply the test procedure to back-up 
battery chargers, but rather because applying the battery charger test 
procedure to back-up battery chargers does not result in a 
representative measure of the energy consumption of these battery 
chargers. While the battery charger test procedure allows a 
manufacturer to minimize standby power of additional functionalities or 
incorporate an on-off switch to disable non-battery charger functions, 
doing so is impractical for applications that are designed to operate 
continuously. There would be no practical reason, therefore, for a 
manufacturer to implement potentially costly technology or switches 
that limit the non-battery charging functions of a design in which 
those non-battery charging functions are designed to be operated 
continuously, and thus, are not representative of typical use.
    Similarly, DOE is excluding uninterruptible power supplies 
(``UPSs'') from this battery charger test procedure. DOE has proposed, 
as part of a separate rulemaking, a test procedure for UPSs that 
contain an AC output. See http://energy.gov/sites/prod/files/2016/04/f31/Uninterruptible%20Power%20Supply%20Test%20Procedure%20NOPR_0.pdf. 
That rulemaking, if finalized as proposed, would establish a different 
battery charger test procedure for UPSs with an AC output, and would 
ensure that a uniform and consistent test procedure exists for these 
type of battery chargers that is representative of their energy 
consumption and energy efficiency.
    DOE also received comments from ITI requesting that DOE define and 
exclude rechargeable battery subsystems from the test procedure for 
battery chargers. ITI defines rechargeable battery subsystems as 
``rechargeable batteries and battery charger systems contained 
completely within a larger product that are not capable of providing 
normal operation of the parent product when AC mains power is 
removed.'' ITI argued these products are functionally different from 
other battery chargers covered under this regulation. ITI contends that 
batteries and battery charging subsystems cannot be effectively 
isolated from the parent device for testing and there is no appropriate 
test procedure to measure the energy consumption of these subsystems. 
(ITI, No. 17, pp. 3-4)
    After researching applications and architectures of rechargeable 
battery subsystems, as defined by ITI, DOE believes that rechargeable 
battery subsystems would already meet the proposed definition of back-
up battery chargers. In particular, a battery charger that maintains a 
battery used to provide partial operation of a parent product in the 
event of an input power failure would not preclude it from meeting the 
definition proposed by DOE. Therefore, under DOE's proposal, 
rechargeable battery subsystems would be excluded from the scope of the 
battery charger test procedure. Based on the comment from ITI, DOE is 
finalizing a modified definition of back-up battery chargers in 10 CFR 
430.2 to make clear that a battery charger system embedded in a 
continuous use product does not need to maintain continuity of normal 
operation in the event of a power loss to qualify as a back-up battery 
charger. Hence, in this final rule, back-up battery charger means a 
battery charger (excluding UPSs) that: (1) Is embedded in a separate 
end-use product that is designed to continuously operate using mains 
power (including end-use products that use external power supplies), 
and (2) has as its sole purpose to recharge a battery used to maintain 
continuity of power in order to provide normal or partial operation of 
a product in case of loss of input power. This definition of back-up 
battery chargers clarifies that rechargeable battery subsystems meet 
the definition of back-up battery chargers.

D. Conditioning and Discharge Rate for Lead Acid Battery Chargers

    In the August 2015 NOPR, DOE proposed to apply the same battery 
conditioning provisions found in section 5.3(c) of appendix Y to 
subpart B of 10 CFR part 430, to lead acid batteries and use a 50% 
depth of discharge during conditioning cycles. 80 FR at 46861. Since 
the publication of the NOPR, DOE received comments from JOME, Delta-Q, 
NEMA, Schneider Electric and ITI supporting the proposal of allowing 
conditioning for lead acid batteries prior to testing. (JOME, No. 2, p. 
3, Delta-Q, No. 11, p. 2, NEMA, No. 13, p. 3, Schneider Electric, No. 
12, p. 4, ITI, No. 17, pp. 4-5) However, some of these commenters also 
recommended alternative methods for conditioning lead acid batteries. 
JOME requested that DOE should refrain from mandating two conditioning 
cycles for large lead acid batteries because of time considerations. 
(JOME, No. 2, p. 3) Similarly, Delta-Q recommended that DOE should not 
mandate two conditioning cycles for lead acid batteries. (Delta-Q, No. 
11, p. 1) Schneider Electric and ITI suggested conditioning lead acid 
batteries by means of a float charger for a duration of at least 72 
hours for batteries that have been in storage for 3 months or longer. 
(Schneider Electric, No. 12, p. 4, ITI, No. 17, p. 5) NEMA recommended 
that DOE provide flexibility in the process of conditioning batteries 
for certification testing. NEMA highlighted that it is not unusual for 
lead acid batteries to be in storage for some time and that two 
discharge cycles may not be enough to fully recover their capacity. 
Further, NEMA mentioned that a float charge of 72 hours duration is 
also sometimes used following 100% discharge cycles depending on 
battery condition, age or other needs. (NEMA, No. 13, p. 3)
    NRDC, et al. opposed the proposal to allow lead acid batteries to 
be conditioned prior to testing. In its view, unlike the current test 
procedure, permitting the conditioning of lead acid batteries would 
allow lower efficiency battery chargers to comply with the proposed 
energy efficiency standards. (NRDC, et al., No. 20, p. 5) The CEC also 
recommended that if DOE decides to allow conditioning of lead acid 
batteries prior to testing, DOE must also factor the impact of this 
conditioning into its proposed energy conservation standards for lead 
acid battery chargers. (CEC, No. 8, p. 7)
    DOE has become aware that the condition of lead acid batteries may 
vary upon purchase and this variation can impact the repeatability of 
test results of lead acid battery chargers. Given this fact, 
conditioning lead acid batteries prior to testing will produce more 
accurate and repeatable representations of battery discharge energy, 
which will result in more accurate and repeatable representations of 
energy consumption for lead acid battery chargers. Additionally, 
standardizing the battery conditioning protocol will help to ensure 
repeatability of all test results. DOE has not collected or received 
any data to suggest that cycling a lead acid battery twice--as is being 
adopted in this rule--would significantly increase that battery's 
energy capacity. Therefore, in the absence of such data, DOE also does 
not believe that allowing conditioning of lead acid batteries needs to 
be factored into potential energy conservation standards (as commented 
by CEC) because its impact on the measured energy consumption is 
minimal. With regards to the use of float chargers for batteries stored 
for at least 3 months, DOE notes that section 5.3(d)

[[Page 31834]]

of appendix Y to subpart B of 10 CFR part 430 already contains 
provisions to fully charge the battery if it has already been 
conditioned through at least two cycles, which could include a float 
charger to charge the battery. DOE does not believe it is necessary to 
specify in detail the type of charging used. After careful 
consideration of comments from all interested stakeholders, DOE is 
finalizing its proposal to condition lead acid batteries prior to 
testing by applying the provisions for conditioning found in section 
5.3(c) of appendix Y to subpart B of 10 CFR part 430.
    DOE also proposed to amend its test procedure by providing 
manufacturers with the option of choosing from a 5-hour (``C/5'' or 
``0.2C''), 10-hour (``C/10'' or ``0.1C''), or 20-hour (``C/20'' or 
``.05C'') discharge rate when testing lead acid batteries. DOE's 
proposal limited this option to lead acid batteries with an energy 
capacity above 1,000 watt-hours (Wh) because a longer discharge cycle 
would do little to maximize discharge energy for batteries under 1,000 
Wh, but would have a more significant impact on maximizing discharge 
energy for batteries greater than 1,000 Wh. 80 FR at 46861.
    JOME, NMMA and Delta-Q provided comments supporting the allowance 
of slower discharge rates for large lead acid batteries. (JOME, No. 2, 
p. 3, NMMA, No. 9, p. 3, Delta-Q, No. 11, p. 3) However, NRDC, et al., 
CEC and the CA IOUs strongly opposed allowing slower discharge rates 
for large lead acid batteries. (NRDC, et al., No. 20, p. 4, CEC, No. 8, 
pp. 4-5, CA IOUs, No. 21, p. 4) NRDC, et al. stated that slower 
discharge rates are not representative of applications with fast 
discharge rates, such as golf carts. (NRDC, et al., No. 20, p. 4) 
Similarly, P. R. China claimed that certain practical applications of 
large lead acid batteries require higher discharge currents and 1-hour, 
2-hour and 3-hour discharge rates are more representative of these 
applications. Instead, it recommended using discharge rates that are 
representative of their practical application. (P. R. China, No. 5, p. 
3) Lastly, NRDC, et al., the CEC and the CA IOUs requested that DOE 
reassess its proposed energy conservation standards for battery 
chargers if DOE decides to allow slower discharge rates for large lead 
acid batteries. (NRDC, et al., No. 20. p. 5, CEC, No. 8, p. 7, CA IOUs, 
Pub. Mtg. Tr., No. 4, p. 64)
    After careful consideration of comments submitted by all interested 
stakeholders on this issue, DOE is electing not to finalize its 
proposal of allowing multiple discharge rates for large lead acid 
batteries. Therefore, all batteries will continue to be discharged at 
the 5-hour (i.e., C/5 or 0.2C) discharge rate as prescribed in the 
current test procedure for battery chargers. While a single discharge 
rate is not representative of all applications of batteries, the 5-hour 
discharge rate is currently used by all manufacturers of battery 
chargers as part of the Appliance Efficiency Regulations for Battery 
Charger Systems by the CEC. See Table D in section III.F of Energy 
Efficiency Battery Charger System Test Procedure Version 2.2.\3\ 
Moreover, usage of a 5-hour discharge rate for all batteries 
effectively avoids any variability that would be introduced by allowing 
manufacturers of certain battery chargers to use one of three specified 
discharge rates.
---------------------------------------------------------------------------

    \3\ California Energy Commission. Energy Efficiency Battery 
Charger System Test Procedure, (November 2008). Available at: http://www.energy.ca.gov/appliances/2008rulemaking/2008-AAER-1B/2008-11-19_BATTERY_CHARGER_SYSTEM_TEST_PROCEDURE.PDF.
---------------------------------------------------------------------------

    Finally, a number of stakeholders highlighted a typographical error 
in the proposed requirements for conditioning lead acid batteries found 
in section 5.3(c) of appendix Y to subpart B to 10 CFR part 430 where 
it is stated that lead acid batteries should be discharged to 50% of 
the rated voltage instead of to 50% depth of discharge. 80 FR at 46869. 
Delta-Q requested DOE fix this error by stating that lead acid 
batteries should be discharged to 50% of rated capacity. (Delta-Q, No. 
11, p. 2) Schneider Electric, NEMA, and PTI/OPEI requested DOE fix this 
error by stating that lead acid batteries should be discharged to 
voltage levels provided in Table 5.2 of the existing battery charger 
test procedure. (Schneider Electric, No. 12, p. 4, NEMA, No. 13, p. 3, 
PTI/OPEI, No. 14, p. 4)
    DOE is resolving this clerical error in the final rule by stating 
that all lead acid batteries be conditioned by discharging to the 
voltage levels already stated in Table 5.2 of the current test 
procedure for battery chargers, which is consistent with DOE's original 
intention of discharging lead acid batteries to 50% depth of discharge 
during conditioning.

E. Sampling and Certification Requirements

    DOE proposed to update 10 CFR 429.39, section (a), ``Determination 
of represented value'', and reserved section (b), ``Certification 
Reports,'' to detail how to apply the sampling plan to calculate 
represented values for each measure of energy consumption, time, and 
power recorded as part of the battery charger test procedure, and 
subsequently report those ratings during certification. 80 FR at 46862. 
Specifically, DOE proposed that certification reports for battery 
chargers include represented values for the measured maintenance mode 
power (``Pm''), the measured standby power 
(``Psb''), the measured off mode power 
(``Poff''), the measured battery discharge energy 
(``EBatt''), and the measured 24-hour energy consumption 
(``E24''). These represented values would then be used, in 
conjunction with the proposed equations set forth in the battery 
chargers energy conservation standards NOPR,\4\ to calculate the unit 
energy consumption (``UEC'') for that battery charger basic model. UEC 
is designed to represent an annualized amount of non-useful energy 
consumed by a battery charger in all modes of operation over the course 
of a year.
---------------------------------------------------------------------------

    \4\ Energy Conservation Standards for Battery Chargers and 
External Power Supplies; Proposed Rule, 77 FR 18478, 18522-24 (Mar. 
27, 2012) (March 2012 NOPR).
---------------------------------------------------------------------------

    DOE received comments from the Joint Commenters, WAHL Clipper, and 
PTI/OPEI arguing that individual representations of five measures of 
energy and power (E24, Ebatt, Pm, 
Psb and Poff) are unduly burdensome on battery 
charger manufacturers and recommended that DOE require only a single 
representation of the UEC metric in the certification report. (Joint 
Commenters, No. 16, p. 4, WAHL Clipper, No. 18, p. 1, PTI/OPEI, No. 5, 
p. 3) Furthermore, the Joint Commenters argued that it is easier for 
manufacturers to make conservative representations in the context of a 
single energy consumption metric, as opposed to conservatively rating 
five measures of energy and power. (Joint Commenters, No. 16, p. 3)
    After considering the comments submitted by the Joint Commenters, 
WAHL Clipper, and PTI, DOE agrees that it is easier for manufacturers 
to make conservative representations in the context of an energy 
consumption metric, the UEC. Therefore, DOE is adopting only the 
requirement that manufacturers develop a UEC rating for that battery 
charger basic model according to the statistical requirements in 10 CFR 
429.39(a), which allows for conservative ratings of UEC (in kWh/year) 
that are greater than the higher of the mean or the upper confidence 
limit divided by 1.05 for the UECs calculated for each unit in the 
compliance certification sample.
    In addition, in order to calculate the UEC for a battery charger 
basic model during compliance testing, DOE is adding the UEC equations 
and the associated battery charger usage profiles

[[Page 31835]]

proposed in the September 1, 2015 battery charger energy conservation 
standards Supplemental Notice of Proposed Rulemaking (SNOPR) \5\ to 
section 5.13 of the battery charger test procedure codified at appendix 
Y to subpart B of 10 CFR part 430. In order to develop a UEC rating, a 
manufacturer will first need to calculate the UEC for each unit in the 
compliance certification sample of a battery charger basic model. For 
example, if a manufacturer sampled four units of a battery charger 
basic model, it would be required to calculate the UEC for each of 
those four units in the sample using the UEC equations in section 5.13 
of appendix Y to subpart B of 10 CFR part 430, and then apply the 
statistical requirements in 10 CFR 429.39(a) in order to develop a 
rating of UEC for that battery charger basic model.
---------------------------------------------------------------------------

    \5\ Energy Conservation Standards for Battery Chargers; 
Supplemental Notice of Proposed Rulemaking, 80 FR 52849, 52932-33 
(Sept. 1, 2015) (September 2015 SNOPR).
---------------------------------------------------------------------------

    Manufacturers will still be required to submit represented values 
of E24, Ebatt, Pm, Psb, 
Poff, and the duration of the charge and maintenance mode 
test (tcd) of a battery charger basic model as part of the 
compliance certification report; however, these represented values will 
now simply be the arithmetic mean of the measured values for each of 
these metrics from the units tested in the compliance certification 
sample. Reporting mean values of E24, Ebatt, 
Pm, Psb, Poff, and tcd on 
the certification report will not increase testing burden on 
manufacturers, as manufacturers will already be using these values to 
calculate each unit-specific UEC in order to develop UEC ratings. In 
addition to there being no additional testing burden, the reporting 
burden itself is limited to simply calculating averages for the six 
metrics already measured. Reporting represented values of 
E24, Ebatt, Pm, Psb, 
Poff and tcd in certification reports for battery 
chargers provides DOE with more accurate data on the six measured 
values of power, energy and time for basic models of battery chargers. 
Accordingly, DOE is revising 10 CFR 429.39(a) to reflect these 
statistical requirements for representing UEC, E24, 
Ebatt, Pm, Psb, Poff, and 
tcd for battery charger basic models.
    Second, DOE has received stakeholder comments on the sampling 
requirements that are already part of the current test procedure for 
battery chargers. JOME provided comments opposing the sampling 
requirements on the basis that these requirements increase the number 
of test units and, consequently, increase the time and costs associated 
with testing. (JOME, No. 2, p. 4) Schneider Electric also provided 
comments opposing the sampling requirements. Schneider Electric argued 
that because there is no documented case of market surveillance failure 
under the CEC efficiency standards for battery chargers and that 
manufacturers are ultimately responsible for compliance, DOE should 
allow manufacturers to define their own sampling plans. (Schneider 
Electric, No. 12, p. 5) Similarly, Delta-Q expressed concern that 
although the sampling plan sets the minimum number of samples to be 
tested per basic model to two units, the statistical approach of upper 
and lower confidence limits would require more than two units to be 
tested to account for variability, which imposes a cost and time burden 
on manufacturers. Delta-Q also expressed concern that if the same 
flooded lead acid battery is used to test all samples of a basic model 
of a lead acid battery charger, the high cycle-to-cycle variation of 
the flooded lead acid battery can have a negative impact on test 
results. Delta-Q sought clarification on whether the same battery would 
be used to test all samples of a basic model of a battery charger. 
(Delta-Q, No. 11, p. 3)
    DOE currently mandates sampling requirements to improve the 
statistical validity of representations made by manufacturers and to 
ensure products being distributed in commerce actually meet the 
applicable standard. Under DOE's sampling methodology, manufacturers 
may determine the number of samples tested as long as the sampling 
requirements adopted in this final rule are satisfied. To the extent 
that manufacturers commented that the sample size is required to be 
greater than two units, DOE believes it is appropriate for a 
manufacturer to test a sample of sufficient size to make a 
statistically valid assessment of the compliance of the basic model. 
Therefore, DOE believes that the sampling requirements for 
certification of battery chargers stated in 10 CFR 429.39 are 
appropriate and are not unduly burdensome. Regarding Delta-Q's question 
(i.e., whether the same battery is used for testing all samples of a 
basic model), DOE notes that each manufacturer must determine whether 
to test all samples of the same battery charger basic model with a 
single battery or with a new battery each time.
    Third, DOE received comments from the Joint Commenters and WAHL 
Clipper opposing the reporting of contract manufacturer names for their 
external power supplies (``EPSs'') and test batteries in certification 
reports. The Joint Commenters and WAHL Clipper recommended that DOE 
classify and treat manufacturers of EPSs and test batteries as 
confidential. (Joint Commenters, No. 16, p. 4, WAHL Clipper, No. 18, p. 
1) Similarly, ITI argued for the exclusion of the manufacturer and 
model number of the test battery from certification reports (ITI, No. 
17, pp. 5-6), and Schneider Electric inquired as to whether DOE can 
hold compliance certification reports of upcoming models confidential 
until the official launch of these models. (Schneider Electric, Pub. 
Mtg. Tr., No. 4, pp. 93-94).
    In response to the comments submitted by the Joint Commenters, WAHL 
Clipper and ITI, DOE acknowledges that publically disclosing the 
manufacturers and models of test batteries and external power supplies 
as part of the battery charger compliance certification reports might 
have a negative impact on competition. Therefore, DOE is revising the 
battery charger compliance certification requirements in 10 CFR 
429.39(b) so that the manufacturers and models of test batteries and 
external power supplies are not included in the public disclosures in 
DOE's compliance certification database. Other than the manufacturer 
and model of test battery(s) and external power supply, all other 
product-specific information on a battery charger compliance 
certification report will be public. Further, in response to the 
comment submitted by Schneider Electric, DOE clarifies that the 
confidentiality provisions in 10 CFR 429.7 apply to this rulemaking. 
Manufacturers who want DOE to hold compliance certification reports of 
upcoming basic models confidential until the official launch of these 
basic models should refer to 10 CFR 429.7 for guidance regarding 
confidentiality. DOE also emphasizes that the manufacturers and models 
of test batteries and external power supplies will not be provided on 
the public CCMS database.
    Fourth, during the public meeting held to discuss the August 2015 
NOPR, DOE received numerous comments inquiring about circumstances that 
will require manufacturers of battery chargers to recertify their basic 
models. WAHL Clipper inquired on whether recertification is necessary 
if a battery manufacturer is changed but battery characteristics remain 
the same. (WAHL Clipper, Pub. Mtg. Tr., No. 4, p. 83) DELL Inc. asked 
whether battery charger manufacturers would need to recertify their 
basic models if there is a change in battery model or part number due 
to minor improvements made by the battery manufacturer. (DELL Inc., 
Pub. Mtg. Tr., No. 4, pp. 85-86) STIHL Inc.

[[Page 31836]]

questioned whether basic models of battery chargers require 
recertification if a higher capacity battery that works with the 
battery charger is introduced into the market. (STIHL Inc., Pub. Mtg. 
Tr., No. 4, p. 120) DELL Inc. further inquired whether an entire family 
of products would need to be recertified if one product in the family 
uses a new, improved battery. (DELL Inc., Pub. Mtg. Tr., No. 4, p. 120-
123)
    In response to the comments made by WAHL Clipper, DELL Inc. and 
STIHL Inc. regarding recertification, DOE notes that its existing 
regulations address when modifications require recertification. A 
modification to a model that increases the model's energy or water 
consumption or decreases its efficiency resulting in re-rating must be 
certified as a new basic model. 10 CFR 429.12(e)(1). If the design of 
the battery charger basic model, including the battery, has changed in 
such a way that the information certified to DOE would no longer be 
valid, then the manufacturer would be required to test and recertify 
its battery charger basic model. Recertification would not be necessary 
if changes to the design of the battery charger result in the UEC 
remaining below the rated value. Changes resulting in a new individual 
model in the basic model do not require additional testing but must be 
reported as part of the next annual certification report. 10 CFR 
429.12(d).
    Fifth, DOE also received some general comments regarding the 
proposed sampling and certification requirements for battery chargers. 
PTI inquired if third-party laboratories are allowed to file for 
certification on behalf of manufacturers. (PTI, Pub. Mtg. Tr., No. 4, 
pp. 126-27) Schneider Electric asked for clarification on how to 
certify in situations where the integrated battery does not have a 
nameplate. (Schneider Electric, Pub. Mtg. Tr., No. 4, pp. 88-89) NEMA 
recommended that DOE clearly state whether manufacturers can use an 
alternate efficiency determination method (``AEDM'') to certify battery 
chargers. (NEMA, No. 13, p. 4)
    DOE regulations require ``manufacturers'' (defined to include 
importers and U.S. manufacturers) of covered products that are subject 
to energy conservation standards to submit certification reports to 
DOE. The regulations also provide, however, that a manufacturer may 
elect to use a third party to submit the certification report to DOE. 
Nonetheless, the manufacturer is ultimately responsible for submission 
of the certification report to DOE. 10 CFR 429.12
    In response to Schneider Electric's comment regarding integrated 
batteries without a nameplate, DOE clarifies that manufacturers would 
still be required to disclose the battery specifications as part of the 
certification report even if the battery does not have a nameplate with 
rated values. It is DOE's understanding that manufacturers of battery 
chargers with integrated batteries are aware of the exact battery 
specifications as these specifications are crucial to their product 
design and intended use. DOE has added language in appendix Y to 
subpart B of 10 CFR part 430 to clarify that if these rated values are 
not clearly present on a nameplate or the manufacturer is not aware of 
the specifications, then the manufacturer must submit measured values. 
In particular, the manufacturer must measure and report, in place of 
the rated values, the nominal fully charged battery voltage of the test 
battery in volts (V), the battery charge capacity of the test battery 
in ampere-hours (Ah) as measured per this test procedure and the 
battery energy capacity of the test battery in watt-hours (Wh) as 
measured per this test procedure.
    In response to NEMA's comment regarding AEDMs, DOE authorizes the 
use of AEDMs for certain covered products that are difficult or 
expensive to test in an effort to reduce the testing burden faced by 
manufacturers of expensive or highly customized basic models. DOE's 
analysis has shown that battery chargers are neither difficult nor 
expensive to test. Therefore, DOE is not including any provisions 
allowing manufacturers to use an AEDM for compliance certification in 
this test procedure final rule.

F. Enforcement Testing Sampling Plan

    DOE proposed to add appendix D to subpart C of 10 CFR part 429 to 
describe the methodology that DOE would use when conducting enforcement 
testing for battery chargers. 80 FR at 46868. DOE received comments 
from the Joint Commenters and PTI/OPEI inquiring if DOE had 
unintentionally left out the standard error of the measured energy 
performance, as described in appendix A to subpart C of 10 CFR part 
429. The Joint Commenters and PTI/OPEI both argued for the inclusion of 
the standard error of the measured energy performance in the battery 
charger test procedure final rule. (Joint Commenters, No. 16, pp. 4-5, 
PTI/OPEI, No. 14, p. 3) iRobot recommended that DOE adopt the proposed 
enforcement rules and further recommended that DOE only use enforcement 
data to establish if a basic model meets the applicable standard. 
iRobot requested that, if DOE is planning on using enforcement data to 
check represented values in the compliance certification, DOE explain 
the exact method of comparison to be used in an additional NOPR and 
grant stakeholders an opportunity to comment on the exact method of 
comparison. (iRobot, No. 7, p. 3) Similarly, ITI argued that DOE should 
not use enforcement data to check values that do not have limits 
assigned in the applicable energy conservation standards. (ITI, No. 17, 
p. 5) Additionally, NRDC, et al. expressed concern that if DOE were to 
use enforcement data to check representations of E24, 
EBatt, Pm, Psb and Poff, 
then manufacturers will be encouraged to report non-typical values of 
these measures, which will not be representative of reality. (NRDC, et 
al., Pub. Mtg. Tr., No. 4, pp. 110-11)
    As discussed in section III.E above, battery charger manufacturers 
will be required to certify the UEC metric, which will be calculated 
according to the primary or secondary equation in section 5.13 of 
appendix Y to subpart B of 10 CFR part 430, for each battery charger 
basic model, and according to the statistical requirements at 10 CFR 
429.39(a). Additionally, manufacturers of battery chargers will be 
required to certify values for E24, EBatt, 
Pm, Psb, Poff and tcd, each 
of which is simply the arithmetic mean of the measured values from the 
units tested. In light of the discussion in section III.E, DOE's 
proposal in the August 2015 NOPR to add appendix D to 10 CFR part 429 
subpart C is no longer necessary. DOE will instead continue to follow 
the sampling plan for enforcement testing already stated in appendix A 
to subpart C of 10 CFR part 429 for battery chargers. In response to 
comments from the Joint Commenters and PTI, appendix A to subpart C of 
10 CFR part 429 includes the standard error for the measured energy 
performance.
    Additionally, PTI inquired whether a value of UEC calculated during 
enforcement testing, which is below the applicable energy conservation 
standard but above the represented value in a compliance certification, 
is a case of noncompliance. (PTI, Pub. Mtg. Tr., No. 4, pp. 81-82) 
iRobot and Schneider Electric recommended that DOE provide 
manufacturers access to units that fail enforcement testing. (iRobot, 
No. 7, p. 3, Schneider Electric, Pub. Mtg. Tr., No. 4, p. 109)
    If DOE conducts enforcement testing, appendix A to subpart C of 10 
CFR part 429 sets forth the method for determining whether a basic 
model complies with the applicable energy conservation standard. If, 
during testing, DOE finds that the measured UEC is above the certified 
value, DOE typically

[[Page 31837]]

investigates the reason for the discrepancy. Depending on the 
circumstances, DOE may seek civil penalties, as knowing 
misrepresentation by a manufacturer by certifying a value for a covered 
product in a manner that is not supported by test data is a prohibited 
act. 10 CFR 429.102. Units provided by the manufacturer for enforcement 
testing are returned to the manufacturer after the enforcement case is 
closed.
    Further, DOE received comments from P. R. China requesting that DOE 
clarify the sample size to be used during enforcement testing and 
whether different sample sizes will be used for different 
manufacturers. (P. R. China, No. 5, p. 3) For enforcement testing of 
battery chargers, the initial sample size is four units. DOE may test 
up to 21 units, in accordance with the provisions of appendix A to 
subpart C of 10 CFR part 429.

G. Corrections to Typographical Errors

    In this test procedure final rule, DOE is updating Table 3.1 of 
appendix Y to subpart B of 10 CFR part 430 to correct cross-reference 
errors and eliminate a redundant column. The ``Battery Discharge 
Energy'' item on the second line in this table currently references 
section 4.6, when it should instead reference section 5.8, ``Battery 
Discharge Energy Test''. The ``Initial time and power (W) of the input 
current to the connected battery'' item on the third line in this table 
currently references section 4.6, when it should instead reference 
section 5.6, ``Testing Charge Mode and Battery Maintenance Mode.'' The 
``Active and Maintenance Mode Energy Consumption'' item on the fourth 
line in this table currently references section 5.8, when it should 
instead reference section 5.6, ``Testing Charge Mode and Battery 
Maintenance Mode.'' Therefore, DOE is updating the second, third and 
fourth items in the ``Reference'' column of Table 3.1 to state 
``Section 5.8'', ``Section 5.6'' and ``Section 5.6,'' respectively. 
Additionally, DOE is removing the current ``Value'' column from Table 
3.1 because the information from this column is being inserted in the 
column labeled ``Name of measured or calculated value'' to reduce 
complexity. DOE is also replacing ``0.2 [deg]C'' in section 5.8(c)(2) 
of appendix Y to subpart B of 10 CFR part 430 with ``0.2 C'' to correct 
a typographical error. The section covers discharge current during a 
battery discharge energy test and C-rate (``C'') is the correct 
measurement unit for discharge current.
    Additionally, DOE is revising the definition of C-rate in section 
2.10 of appendix Y to subpart B of 10 CFR part 430 by adding ``(C)'' as 
a unit for C-rate. DOE believes this will further reduce the 
possibility of any ambiguity associated with interpreting the test 
procedure. The revised definition reads ``C-rate (C) is the rate of 
charge or discharge, calculated by dividing the charge or discharge 
current by the rate charge capacity of the battery.''
    Lastly, DOE is renaming ``rated battery voltage'', ``rated charge 
capacity'' and ``rated energy capacity'', which are defined at sections 
2.19, 2.20 and 2.21 of appendix Y to subpart B of 10 CFR part 430, as 
``nameplate battery voltage'', ``nameplate battery charge capacity'', 
and ``nameplate battery energy capacity,'' respectively, throughout the 
battery charger test procedure codified at appendix Y to subpart B of 
10 CFR part 430. The revised names will reduce the possibility of 
confusion between nameplate values and rated values submitted by 
manufacturers as part of compliance certification reports.

H. Limiting Other Non-Battery-Charger Functions

    DOE received comments from iRobot recommending specific language 
changes in the current test procedure for battery chargers. First, 
iRobot recommended that DOE remove the word ``optional'' from section 
4.4(b) of appendix Y to subpart B of 10 CFR part 430 to eliminate 
ambiguity. Second, iRobot recommended replacing ``manual'' with ``user-
accessible'' in section 4.4(d) of appendix Y to subpart B of 10 CFR 
part 430. (iRobot, No. 7, pp. 1-2) DOE notes that the word ``optional'' 
in section 4.4(b) of the current test procedure highlights that any 
additional functionality not associated with battery charging should be 
turned off prior to testing. As a result, only the battery charging 
portion of the battery charger is measured during testing. Similarly, 
while conducting the test procedure for battery chargers, a technician 
may have the option of turning off a manual switch that is not user-
accessible to limit any optional functions that are not associated with 
the battery charging process. Therefore, replacing the word ``manual'' 
with ``user-accessible,'' as recommended by iRobot, would further 
reduce the avenues available to manufacturers to limit non-battery 
charger related functions, which would likely result in DOE receiving a 
number of test procedure waiver inquiries. After careful consideration, 
DOE is not changing the language recommended by iRobot in section 4.4 
of appendix Y to subpart B of 10 CFR part 430.

I. Discharging Lithium Ion Batteries

    DOE received comments from NEMA describing the difficulties with 
discharging lithium ion batteries to the end of the discharge voltages 
specified in Table 5.2. NEMA explained that some batteries have 
internal protections that prevent batteries from being discharged to 
such low levels. NEMA recommended that DOE allow manufacturers to end 
discharge tests at voltages specified by the manufacturer, which can be 
higher than those listed in Table 5.2. (NEMA, No. 13, p. 4) DOE 
understands the need for protective circuitry in certain volatile 
battery chemistries and has acknowledged the presence of protective 
circuitry in section 4.5(e) of the current battery chargers test 
procedure, published at appendix Y to subpart B of 10 CFR part 430. In 
response to the comment from NEMA, DOE is updating Table 5.2 of 
appendix Y to subpart B of 10 CFR part 430 to further state that if the 
presence of protective circuitry in a lithium ion battery prevents the 
battery from being discharged to the end of the discharge voltage 
specified, then the manufacturer must discharge the battery to the 
lowest possible discharge voltage permitted by the protective circuity 
and report the end of the discharge voltage on the certification 
report.

IV. Procedural Issues and Regulatory Review

A. Review Under Executive Order 12866

    The Office of Management and Budget (``OMB'') has determined that 
test procedure rulemakings do not constitute ``significant regulatory 
actions'' under section 3(f) of Executive Order 12866, Regulatory 
Planning and Review, 58 FR 51735 (Oct. 4, 1993). Accordingly, this 
action was not subject to review under the Executive Order by the 
Office of Information and Regulatory Affairs (``OIRA'') in OMB.

B. Review Under the Regulatory Flexibility Act

    The Regulatory Flexibility Act (5 U.S.C. 601 et seq., as amended by 
the Small Business Regulatory Fairness Act of 1996) requires 
preparation of a final regulatory flexibility analysis for any rule 
that by law must be proposed for public comment, unless the agency 
certifies that the rule, if promulgated, will not have a significant 
economic impact on a substantial number of small entities. As required 
by Executive Order 13272, ``Proper Consideration of Small Entities in 
Agency Rulemaking,'' 67 FR 53461 (August 16, 2002), DOE published 
procedures and policies on February 19, 2003 to ensure that the

[[Page 31838]]

potential impacts of its rules on small entities are properly 
considered during the DOE rulemaking process. 68 FR 7990. DOE has made 
its procedures and policies available on the Office of the General 
Counsel's Web site: http://energy.gov/gc/office-general-counsel.
    This final rule prescribes amendments to the battery charger test 
procedure. These amendments update the battery selection criteria for 
multi-voltage, multi-capacity battery chargers, harmonize the 
instrumentation resolution and uncertainty requirements with the second 
edition of the IEC 62301 standard for measuring standby power, define 
and exclude back-up battery chargers from the testing requirements of 
this rulemaking, outline provisions for conditioning lead acid 
batteries, specify sampling and certification requirements for 
compliance with future energy conservation standards, detail an 
enforcement testing sampling plan for battery chargers, and correct 
typographical errors in the current test procedure.
    DOE reviewed this final rule under the provisions of the Regulatory 
Flexibility Act and DOE's own procedures and policies published on 
February 19, 2003. DOE has concluded that this final rule will not have 
a significant impact on a substantial number of small entities. The 
factual basis for this certification is as follows.
    The Small Business Administration (``SBA'') considers a business 
entity to be a small business, if, together with its affiliates, it 
employs less than a threshold number of workers specified in 13 CFR 
part 121. These size standards and codes are established by the North 
American Industry Classification System (``NAICS''). The threshold 
number for NAICS classification code 335999, which applies to ``All 
Other Miscellaneous Electrical Equipment and Component Manufacturing,'' 
and includes battery chargers, is 500 employees.
    As discussed in the March 2012 NOPR for battery charger energy 
conservation standards (77 FR 18478), DOE identified one battery 
charger original device manufacturer that was a small business with 
domestic manufacturing. Based on manufacturer interviews and DOE's 
research, DOE believes that almost all battery charger manufacturing 
takes place abroad.
    DOE estimates that this one small business may have to purchase 
testing equipment and have employees perform tests on covered battery 
chargers in order to comply with test procedures required from the 
adopted test procedure. DOE estimates a small business would need to 
purchase a computer with data acquisition software, battery analyzer, 
battery analyzer amplifier, power meter, interface cable, and single 
phase AC power source. DOE estimates this equipment would cost 
approximately $10,000 to $12,000.
    DOE estimated the necessary labor associated with performing the 
adopted test procedure to a single covered battery charger. DOE 
estimates that it would likely take between 80 and 115 hours to perform 
the test procedure on a single model. To get the labor rate of an 
employee to perform these test DOE used the median hourly wage of an 
electrical technician, $28.76.\6\ DOE adjusted the hourly wage by 23 
percent \7\ to account for the total fringe benefits, resulting in an 
estimated total hourly rate of $35.37. Therefore, DOE estimates a total 
labor burden of between $2,830 and $4,068 to test for each covered 
product.
---------------------------------------------------------------------------

    \6\ Taken from the Bureau of Labor Statistics' Occupational 
Employment and Wages, May 2014 (17-3023 Electrical and Electronics 
Engineering Technicians). http://www.bls.gov/oes/current/oes173023.htm.
    \7\ This is based on the ratio of total fringe benefits compared 
to the annual payroll taken from the 2014 Annual Survey of 
Manufacturers for NAICS code 335999. http://factfinder.census.gov/faces/tableservices/jsf/pages/productview.xhtml?pid=ASM_2014_31GS101&prodType=table.
---------------------------------------------------------------------------

    DOE estimates that the one small businesses will need to test 41 
models to comply with the adopted battery charger test procedure. This 
means the small business' total labor burden would be between $116,030 
and $166,788 to test all their covered battery chargers to the adopted 
test procedure. Therefore, DOE's total testing burden, labor burden and 
testing equipment, is estimated at between $126,030 and $178,788.
    Therefore, DOE certifies that this rule will not have a significant 
economic impact on a substantial number of small entities. DOE has 
submitted a certification and supporting statement of factual basis to 
the Chief Counsel for Advocacy of the Small Business Administration for 
review under 5 U.S.C. 605(b).

C. Review Under the Paperwork Reduction Act of 1995

    If DOE adopts the energy conservation standards proposed in the 
September 1, 2016, battery chargers energy conservation standards 
Supplemental Notice of Proposed Rulemaking (SNOPR), manufacturers of 
battery chargers will be required to certify that their products comply 
with those standards. In certifying compliance, manufacturers must test 
their products according to the applicable DOE test procedure, 
including any amendments adopted for that test procedure. DOE has 
established regulations for the certification and recordkeeping 
requirements for all covered consumer products and commercial 
equipment, and is finalizing specific requirements for battery chargers 
in this rule. See 10 CFR part 429, subpart B. The collection-of-
information requirement for the certification and recordkeeping is 
subject to review and approval by OMB under the Paperwork Reduction Act 
(PRA). This requirement has been approved by OMB under OMB control 
number 1910-1400. This information collection was renewed in January 
2015 to include certification requirements for battery chargers. 80 FR 
5099 (January 30, 2015). Public reporting burden for the certification 
is estimated to average 30 hours per respondent per year, including the 
time for reviewing instructions, searching existing data sources, 
gathering and maintaining the data needed, and completing and reviewing 
the collection of information.
    Notwithstanding any other provision of the law, no person is 
required to respond to, nor shall any person be subject to a penalty 
for failure to comply with, a collection of information subject to the 
requirements of the PRA, unless that collection of information displays 
a currently valid OMB Control Number.

D. Review Under the National Environmental Policy Act of 1969

    In this final rule, DOE amends its test procedure for battery 
chargers, which will likely be used to develop and implement future 
energy conservation standards for battery chargers. DOE has determined 
that this rule falls into a class of actions that are categorically 
excluded from review under the National Environmental Policy Act of 
1969 (42 U.S.C. 4321 et seq.) and DOE's implementing regulations at 10 
CFR part 1021. Specifically, this final rule amends the existing test 
procedure without affecting the amount, quality or distribution of 
energy usage, and, therefore, would not result in any environment 
impacts. Thus, this rulemaking is covered by Categorical Exclusion A5 
under 10 CFR part 1021, subpart D, which applies to any rulemaking that 
interprets or amends an existing rule without changing the 
environmental effect of that rule. Accordingly, neither an 
environmental assessment nor an environmental impact statement is 
required.

[[Page 31839]]

E. Review Under Executive Order 13132

    Executive Order 13132, ``Federalism,'' 64 FR 43255 (August 4, 
1999), imposes certain requirements on agencies formulating and 
implementing policies or regulations that preempt State law or that 
have Federalism implications. The Executive Order requires agencies to 
examine the constitutional and statutory authority supporting any 
action that would limit the policymaking discretion of the States and 
to carefully assess the necessity for such actions. The Executive Order 
also requires agencies to have an accountable process to ensure 
meaningful and timely input by State and local officials in the 
development of regulatory policies that have Federalism implications. 
On March 14, 2000, DOE published a statement of policy describing the 
intergovernmental consultation process it will follow in the 
development of such regulations. 65 FR 13735. DOE examined this final 
rule and determined that it will not have a substantial direct effect 
on the States, on the relationship between the national government and 
the States, or on the distribution of power and responsibilities among 
the various levels of government. EPCA governs and prescribes Federal 
preemption of State regulations as to energy conservation for the 
products that are the subject of this final rule. States can petition 
DOE for exemption from such preemption to the extent, and based on 
criteria, set forth in EPCA. (42 U.S.C. 6297(d)) No further action is 
required by Executive Order 13132.

F. Review Under Executive Order 12988

    Regarding the review of existing regulations and the promulgation 
of new regulations, section 3(a) of Executive Order 12988, ``Civil 
Justice Reform,'' 61 FR 4729 (Feb. 7, 1996), imposes on Federal 
agencies the general duty to adhere to the following requirements: (1) 
Eliminate drafting errors and ambiguity; (2) write regulations to 
minimize litigation; (3) provide a clear legal standard for affected 
conduct rather than a general standard; and (4) promote simplification 
and burden reduction. Section 3(b) of Executive Order 12988 
specifically requires that Executive agencies make every reasonable 
effort to ensure that the regulation: (1) Clearly specifies the 
preemptive effect, if any; (2) clearly specifies any effect on existing 
Federal law or regulation; (3) provides a clear legal standard for 
affected conduct while promoting simplification and burden reduction; 
(4) specifies the retroactive effect, if any; (5) adequately defines 
key terms; and (6) addresses other important issues affecting clarity 
and general draftsmanship under any guidelines issued by the Attorney 
General. Section 3(c) of Executive Order 12988 requires Executive 
agencies to review regulations in light of applicable standards in 
sections 3(a) and 3(b) to determine whether they are met or it is 
unreasonable to meet one or more of them. DOE has completed the 
required review and determined that, to the extent permitted by law, 
this final rule meets the relevant standards of Executive Order 12988.

G. Review Under the Unfunded Mandates Reform Act of 1995

    Title II of the Unfunded Mandates Reform Act of 1995 (UMRA) 
requires each Federal agency to assess the effects of Federal 
regulatory actions on State, local, and Tribal governments and the 
private sector. Public Law 104-4, sec. 201 (codified at 2 U.S.C. 1531). 
For a regulatory action resulting in a rule that may cause the 
expenditure by State, local, and Tribal governments, in the aggregate, 
or by the private sector of $100 million or more in any one year 
(adjusted annually for inflation), section 202 of UMRA requires a 
Federal agency to publish a written statement that estimates the 
resulting costs, benefits, and other effects on the national economy. 
(2 U.S.C. 1532(a), (b)) The UMRA also requires a Federal agency to 
develop an effective process to permit timely input by elected officers 
of State, local, and Tribal governments on a proposed ``significant 
intergovernmental mandate,'' and requires an agency plan for giving 
notice and opportunity for timely input to potentially affected small 
governments before establishing any requirements that might 
significantly or uniquely affect small governments. On March 18, 1997, 
DOE published a statement of policy on its process for 
intergovernmental consultation under UMRA. 62 FR 12820. (This policy is 
also available at http://energy.gov/gc/office-general-counsel). DOE 
examined this final rule according to UMRA and its statement of policy 
and determined that the rule contains neither an intergovernmental 
mandate, nor a mandate that may result in the expenditure of $100 
million or more in any year, so these requirements do not apply.

H. Review Under the Treasury and General Government Appropriations Act, 
1999

    Section 654 of the Treasury and General Government Appropriations 
Act, 1999 (Pub. L. 105-277) requires Federal agencies to issue a Family 
Policymaking Assessment for any rule that may affect family well-being. 
This final rule will not have any impact on the autonomy or integrity 
of the family as an institution. Accordingly, DOE has concluded that it 
is not necessary to prepare a Family Policymaking Assessment.

I. Review Under Executive Order 12630

    DOE has determined, under Executive Order 12630, ``Governmental 
Actions and Interference with Constitutionally Protected Property 
Rights,'' 53 FR 8859 (March 18, 1988), that this regulation will not 
result in any takings that might require compensation under the Fifth 
Amendment to the U.S. Constitution.

J. Review Under Treasury and General Government Appropriations Act, 
2001

    Section 515 of the Treasury and General Government Appropriations 
Act, 2001 (44 U.S.C. 3516 note) provides for agencies to review most 
disseminations of information to the public under guidelines 
established by each agency pursuant to general guidelines issued by 
OMB. OMB's guidelines were published at 67 FR 8452 (Feb. 22, 2002), and 
DOE's guidelines were published at 67 FR 62446 (Oct. 7, 2002). DOE has 
reviewed this final rule under the OMB and DOE guidelines and has 
concluded that it is consistent with applicable policies in those 
guidelines.

K. Review Under Executive Order 13211

    Executive Order 13211, ``Actions Concerning Regulations That 
Significantly Affect Energy Supply, Distribution, or Use,'' 66 FR 28355 
(May 22, 2001), requires Federal agencies to prepare and submit to OMB, 
a Statement of Energy Effects for any significant energy action. A 
``significant energy action'' is defined as any action by an agency 
that promulgated or is expected to lead to promulgation of a final 
rule, and that: (1) Is a significant regulatory action under Executive 
Order 12866, or any successor order; and (2) is likely to have a 
significant adverse effect on the supply, distribution, or use of 
energy; or (3) is designated by the Administrator of OIRA as a 
significant energy action. For any proposed significant energy action, 
the agency must give a detailed statement of any adverse effects on 
energy supply, distribution, or use if the action is implemented, and 
of reasonable alternatives to the action and their expected benefits on 
energy supply, distribution, and use.
    This regulatory action is not a significant regulatory action under 
Executive Order 12866. Moreover, it would not have a significant 
adverse

[[Page 31840]]

effect on the supply, distribution, or use of energy, nor has it been 
designated as a significant energy action by the Administrator of OIRA. 
Therefore, it is not a significant energy action, and, accordingly, DOE 
has not prepared a Statement of Energy Effects.

L. Review Under Section 32 of the Federal Energy Administration Act of 
1974

    Under section 301 of the Department of Energy Organization Act 
(Pub. L. 95-91; 42 U.S.C. 7101), DOE must comply with section 32 of the 
Federal Energy Administration Act of 1974, as amended by the Federal 
Energy Administration Authorization Act of 1977. (15 U.S.C. 788; FEAA) 
Section 32 essentially provides in relevant part that, where a proposed 
rule authorizes or requires use of commercial standards, the notice of 
proposed rulemaking must inform the public of the use and background of 
such standards. In addition, section 32(c) requires DOE to consult with 
the Attorney General and the Chairman of the Federal Trade Commission 
(``FTC'') concerning the impact of the commercial or industry standards 
on competition.
    The final rule incorporates testing methods contained in the 
following commercial standards: IEC Standard 62301 ``Household 
electrical appliances--Measurement of standby power.'' DOE has 
evaluated these testing standards and believes that the IEC standard 
complies with the requirements of section 32(b) of the Federal Energy 
Administration Act (i.e., that they were developed in a manner that 
fully provides for public participation, comment, and review). DOE has, 
however, consulted with the Attorney General and the Chairwoman of FTC 
concerning the effect on competition of requiring manufacturers to use 
the test method in this standard.

M. Congressional Notification

    As required by 5 U.S.C. 801, DOE will report to Congress on the 
promulgation of this rule before its effective date. The report will 
state that it has been determined that the rule is not a ``major rule'' 
as defined by 5 U.S.C. 804(2).

N. Description of Material Incorporated by Reference

    DOE previously adopted instrumentation resolution and measurement 
uncertainty requirements for testing battery chargers identical to 
those in the IEC 62301 standard and codified these requirements at 10 
CFR part 430, subpart B, Appendix Y on June 1, 2011. 76 FR 31750. The 
IEC published Edition 2.0 of IEC 62301 in January 2011, which is 
available from the American National Standards Institute, 25 W. 43rd 
Street, 4th Floor, New York, NY 10036 or at http://webstore.ansi.org/. 
This revised version of the testing standard refined the test equipment 
specifications, measuring techniques, and uncertainty determination to 
improve the method for measuring loads with high crest factors and/or 
low power factors, such as the low power modes typical of battery 
chargers operating in standby mode. These provisions were contained in 
section 4 of IEC 62301, with informative guidance provided in Annex B 
and Annex D on measuring low power modes and determining measurement 
uncertainty. DOE has already incorporated by reference Edition 2.0 of 
IEC 62301 in 10 CFR part 430 for use with other test procedures, and is 
now incorporating by reference Edition 2.0 in appendix Y as well.

V. Approval of the Office of the Secretary

    The Secretary of Energy has approved publication of this final 
rule.

List of Subjects

10 CFR Part 429

    Confidential business information, Energy conservation, Household 
appliances, Imports, Reporting and recordkeeping requirements.

10 CFR Part 430

    Administrative practice and procedure, Confidential business 
information, Energy conservation, Household appliances, Imports, 
Incorporation by reference, Intergovernmental relations, Small 
businesses.

    Issued in Washington, DC, on May 6, 2016.
Kathleen B. Hogan,
Deputy Assistant Secretary for Energy Efficiency, Energy Efficiency and 
Renewable Energy.

    For the reasons stated in the preamble, DOE is amending parts 429 
and 430 of chapter II of title 10, Code of Federal Regulations as set 
forth below:

PART 429--CERTIFICATION, COMPLIANCE, AND ENFORCEMENT FOR CONSUMER 
PRODUCTS AND COMMERCIAL AND INDUSTRIAL EQUIPMENT

0
1. The authority citation for part 429 continues to read as follows:

    Authority: 42 U.S.C. 6291-6317.


0
2. Revise Sec.  429.39 to read as follows:


Sec.  429.39  Battery chargers.

    (a) Determination of represented values. Manufacturers must 
determine represented values, which include certified ratings, for each 
basic model of battery charger in accordance with the following 
sampling provisions.
    (1) Represented values include: the unit energy consumption (UEC) 
in kilowatt-hours per year (kWh/yr), battery discharge energy 
(Ebatt) in watt-hours (Wh), 24-hour energy consumption 
(E24) in watt-hours (Wh), maintenance mode power 
(Pm) in watts (W), standby mode power (Psb) in 
watts (W), off mode power (Poff) in watts (W), and duration 
of the charge and maintenance mode test (tcd) in hours 
(hrs).
    (2) Units to be tested. (i) The general requirements of Sec.  
429.11 are applicable to battery chargers; and
    (ii) For each basic model, a sample of sufficient size shall be 
randomly selected and tested to ensure that the represented value of 
UEC is greater than or equal to the higher of:

    (A) The mean of the sample, where:
    [GRAPHIC] [TIFF OMITTED] TR20MY16.160
    
and, x is the sample mean; n is the number of samples; and 
xi is the UEC of the ith sample or,
    (B) The upper 97.5-percent confidence limit (UCL) of the true 
mean divided by 1.05, where:
[GRAPHIC] [TIFF OMITTED] TR20MY16.161

and x is the sample mean; s is the sample standard deviation; n is 
the number of samples; and t0.975 is the t-statistic for 
a 97.5-percent one-tailed confidence interval with n-1 degrees of 
freedom (from appendix A of this subpart).

    (3) Using the sample from paragraph (a)(2) of this section, 
calculate the represented values of each metric (i.e., maintenance mode 
power (Pm), standby power (Psb), off mode power 
(Poff), battery discharge energy (EBatt), 24-hour 
energy consumption (E24), and duration of the charge and 
maintenance mode test (tcd)), where:

[[Page 31841]]

[GRAPHIC] [TIFF OMITTED] TR20MY16.162


and, is x is the metric, the sample mean; n is the number of samples; 
and xi is the measured value of the ith sample for the 
metric x.
    (b) Certification reports. (1) The requirements of Sec.  429.12 are 
applicable to battery chargers.
    (2) Pursuant to Sec.  429.12(b)(13), a certification report must 
include the following product-specific information: The nameplate 
battery voltage of the test battery in volts (V), the nameplate battery 
charge capacity of the test battery in ampere-hours (Ah), and the 
nameplate battery energy capacity of the test battery in watt-hours 
(Wh). A certification report must also include the represented values, 
as determined in paragraph (a) of this section for the maintenance mode 
power (Pm), standby mode power (Psb), off mode 
power (Poff), battery discharge energy (Ebatt), 
24-hour energy consumption (E24), duration of the charge and 
maintenance mode test (tcd), and unit energy consumption 
(UEC).
    (3) Pursuant to Sec.  429.12(b)(13), a certification report must 
include the following product-specific information: The manufacturer 
and model of the test battery, and the manufacturer and model, when 
applicable, of the external power supply.

0
3. Revise paragraph (e) of Sec.  429.110 to read as follows:


Sec.  429.110  Enforcement testing.

* * * * *
    (e) Basic model compliance. DOE will evaluate whether a basic model 
complies with the applicable energy conservation standard(s) based on 
testing conducted in accordance with the applicable test procedures 
specified in parts 430 and 431 of this chapter, and with the following 
statistical sampling procedures:
    (1) For products with applicable energy conservation standard(s) in 
Sec.  430.32 of this chapter, and commercial prerinse spray valves, 
illuminated exit signs, traffic signal modules and pedestrian modules, 
commercial clothes washers, and metal halide lamp ballasts, DOE will 
use a sample size of not more than 21 units and follow the sampling 
plans in appendix A of this subpart (Sampling for Enforcement Testing 
of Covered Consumer Products and Certain High-Volume Commercial 
Equipment).
    (2) For automatic commercial ice makers; commercial refrigerators, 
freezers, and refrigerator-freezers; refrigerated bottled or canned 
vending machines; commercial air conditioners and heat pumps; 
commercial packaged boilers; commercial warm air furnaces; and 
commercial water heating equipment, DOE will use an initial sample size 
of not more than four units and follow the sampling plans in appendix B 
of this subpart (Sampling Plan for Enforcement Testing of Covered 
Equipment and Certain Low-Volume Covered Products).
    (3) If fewer than four units of a basic model are available for 
testing (under paragraphs (e)(1) or (2) of this section) when the 
manufacturer receives the notice, then:
    (i) DOE will test the available unit(s); or
    (ii) If one or more other units of the basic model are expected to 
become available within 30 calendar days, DOE may instead, at its 
discretion, test either:
    (A) The available unit(s) and one or more of the other units that 
subsequently become available (up to a maximum of four); or
    (B) Up to four of the other units that subsequently become 
available.
    (4) For distribution transformers, DOE will use an initial sample 
size of not more than five units and follow the sampling plans in 
appendix C of this subpart (Sampling Plan for Enforcement Testing of 
Distribution Transformers). If fewer than five units of a basic model 
are available for testing when the manufacturer receives the test 
notice, then:
    (i) DOE will test the available unit(s); or
    (ii) If one or more other units of the basic model are expected to 
become available within 30 calendar days, DOE may instead, at its 
discretion, test either:
    (A) The available unit(s) and one or more of the other units that 
subsequently become available (up to a maximum of five); or
    (B) Up to five of the other units that subsequently become 
available.
    (5) For pumps, DOE will use an initial sample size of not more than 
four units and will determine compliance based on the arithmetic mean 
of the sample.
    (6) Notwithstanding paragraphs (e)(1) through (5) of this section, 
if testing of the available or subsequently available units of a basic 
model would be impractical, as for example when a basic model has 
unusual testing requirements or has limited production, DOE may in its 
discretion decide to base the determination of compliance on the 
testing of fewer than the otherwise required number of units.
    (7) When DOE makes a determination in accordance with paragraph 
(e)(6) to test less than the number of units specified in paragraphs 
(e)(1) through (5) of this section, DOE will base the compliance 
determination on the results of such testing in accordance with 
appendix B of this subpart (Sampling Plan for Enforcement Testing of 
Covered Equipment and Certain Low-Volume Covered Products) using a 
sample size (n1) equal to the number of units tested.
    (8) For the purposes of this section, available units are those 
that are available for distribution in commerce within the United 
States.

PART 430--ENERGY CONSERVATION PROGRAM FOR CONSUMER PRODUCTS

0
4. The authority citation for part 430 continues to read as follows:

    Authority: 42 U.S.C. 6291-6309; 28 U.S.C. 2461 note.


0
5. In Sec.  430.2 add in alphabetical order the definition of ``Back-up 
battery charger'' to read as follows:


Sec.  430.2  Definitions.

* * * * *
    Back-up battery charger means a battery charger excluding UPSs:
    (1) That is embedded in a separate end-use product that is designed 
to continuously operate using mains power (including end-use products 
that use external power supplies); and
    (2) Whose sole purpose is to recharge a battery used to maintain 
continuity of power in order to provide normal or partial operation of 
a product in case of input power failure.
* * * * *


Sec.  430.3  [Amended]

0
6. In Sec.  430.3, paragraph (p)(5) is amended by removing ``and Z of 
subpart B'' and adding in its place ``, Y, and Z of subpart B''.

0
7. In Sec.  430.23, revise paragraph (aa) to read as follows:


Sec.  430.23  Test procedures for the measurement of energy and water 
consumption.

* * * * *
    (aa) Battery Chargers. (1) Measure the maintenance mode power, 
standby power, off mode power, battery discharge energy, 24-hour energy 
consumption and measured duration of the charge and maintenance mode 
test for a battery charger in accordance with appendix Y to this 
subpart.

[[Page 31842]]

    (2) Calculate the unit energy consumption of a battery charger in 
accordance with appendix Y to this subpart.
* * * * *

0
8. Appendix Y to Subpart B of Part 430 is amended by:
0
a. Revising the introductory text to appendix Y;
0
b. Revising section 1, Scope;
0
c. Revising sections 2.10, 2.17, 2.19, 2.20 and 2.21;
0
d. Revising Table 3.1 and section 3.2;
0
e. Revising the undesignated center heading directly above section 4.1. 
General Setup;
0
f. Revising sections 4.3.b. and 4.3c. and Table 4.1;
0
g. Revising sections 5.1, 5.3.a., 5.3.d., 5.8.c.(2), and Table 5.2; and
0
h. Adding a new section 5.13, Unit Energy Consumption Calculation.
    The revisions and additions read as follows:

Appendix Y to Subpart B of Part 430--Uniform Test Method for Measuring 
the Energy Consumption of Battery Chargers

    Prior to November 16, 2016, manufacturers must make any 
representations regarding the energy consumption of battery chargers 
based upon results generated under this appendix or the previous 
version of this appendix as it appeared in the Code of Federal 
Regulations on January 1, 2016. On or after November 16, 2016, 
manufacturers must make any representations regarding the energy 
consumption of battery chargers based upon results generated under this 
appendix.

1. Scope

    This appendix provides the test requirements used to measure the 
energy consumption for battery chargers operating at either DC or 
United States AC line voltage (115V at 60Hz). This appendix does not 
provide a method for testing back-up battery chargers or 
uninterruptable power supplies.
    2. * * *
    2.10. C-Rate (C) is the rate of charge or discharge, calculated by 
dividing the charge or discharge current by the nameplate battery 
charge capacity of the battery.
* * * * *
    2.17. Multi-voltage charger is a battery charger that, by design, 
can charge a variety of batteries (or batches of batteries, if also a 
batch charger) that are of different nameplate battery voltages. A 
multi-voltage charger can also be a multi-port charger if it can charge 
two or more batteries simultaneously with independent voltages and/or 
current regulation.
* * * * *
    2.19. Nameplate battery voltage is specified by the battery 
manufacturer and typically printed on the label of the battery itself. 
If there are multiple batteries that are connected in series, the 
nameplate battery voltage of the batteries is the total voltage of the 
series configuration--that is, the nameplate voltage of each battery 
multiplied by the number of batteries connected in series. Connecting 
multiple batteries in parallel does not affect the nameplate battery 
voltage.
    2.20. Nameplate battery charge capacity is the capacity, claimed by 
the battery manufacturer on a label or in instructions, that the 
battery can store, usually given in ampere-hours (Ah) or milliampere-
hours (mAh) and typically printed on the label of the battery itself. 
If there are multiple batteries that are connected in parallel, the 
nameplate battery charge capacity of the batteries is the total charge 
capacity of the parallel configuration, that is, the nameplate charge 
capacity of each battery multiplied by the number of batteries 
connected in parallel. Connecting multiple batteries in series does not 
affect the nameplate charge capacity.
    2.21. Nameplate battery energy capacity means the product (in 
watts-hours (Wh)) of the nameplate battery voltage and the nameplate 
battery charge capacity.
* * * * *
    3. * * *
* * * * *

            Table 3.1--List of Measured or Calculated Values
------------------------------------------------------------------------
   Name of measured or calculated value              Reference
------------------------------------------------------------------------
1. Duration of the charge and maintenance  Section 5.2.
 mode test, tcd (hrs).
2. Battery Discharge Energy, EBatt (Wh)..  Section 5.8.
3. Initial time and power (W) of the       Section 5.6.
 input current of connected battery (A).
4. Active and Maintenance Mode Energy      Section 5.6.
 Consumption (W, hrs).
5. Maintenance Mode Power, Pm (W)........  Section 5.9.
6. 24 Hour Energy Consumption, E24 (Wh)..  Section 5.10.
7. Standby Mode Power, Psb (W)...........  Section 5.11.
8. Off Mode Power, Poff (W)..............  Section 5.12.
9. Unit Energy Consumption, UEC (kWh/yr).  Section 5.13.
------------------------------------------------------------------------

    3.2. Verifying Accuracy and Precision of Measuring Equipment
    Any power measurement equipment utilized for testing must conform 
to the uncertainty and resolution requirements outlined in section 4, 
``General conditions for measurements'', as well as annexes B, ``Notes 
on the measurement of low power modes'', and D, ``Determination of 
uncertainty of measurement'', of IEC 62301 (incorporated by reference, 
see Sec.  430.3).
* * * * *

4. Unit Under Test Setup Requirements

* * * * *
    4.3. * * *
    b. From the detachable batteries specified above, use Table 4.1 to 
select the batteries to be used for testing, depending on the type of 
battery charger being tested. The battery charger types represented by 
the rows in the table are mutually exclusive. Find the single 
applicable row for the UUT, and test according to those requirements. 
Select only the single battery configuration specified for the battery 
charger type in Table 4.1.
    If the battery selection criteria specified in Table 4.1 results in 
two or more batteries or configurations of batteries of different 
chemistries, but with equal voltage and capacity ratings, determine the 
maintenance mode power, as specified in section 5.9, for each of the 
batteries or configurations of batteries, and select for testing the 
battery or configuration of batteries with the highest maintenance mode 
power.
    c. A charger is considered as:
    (1) Single-capacity if all associated batteries have the same 
nameplate battery charge capacity (see definition) and, if it is a 
batch charger, all configurations of the batteries have the same 
nameplate battery charge capacity.
    (2) Multi-capacity if there are associated batteries or 
configurations of batteries that have different nameplate battery 
charge capacities.
* * * * *

[[Page 31843]]



                                    Table 4.1--Battery Selection for Testing
----------------------------------------------------------------------------------------------------------------
                                  Type of charger                                    Battery or configuration of
------------------------------------------------------------------------------------  batteries to select (from
                                                                                      all configurations of all
           Multi-voltage                   Multi-port            Multi- capacity        associated batteries)
----------------------------------------------------------------------------------------------------------------
No.................................  No....................  No....................  Any associated battery.
No.................................  No....................  Yes...................  Highest charge capacity
                                                                                      battery.
No.................................  Yes...................  Yes or No.............  Use all ports. Use the
                                                                                      maximum number of
                                                                                      identical batteries with
                                                                                      the highest nameplate
                                                                                      battery charge capacity
                                                                                      that the charger can
                                                                                      accommodate.
Yes................................  No....................  No....................  Highest voltage battery.
                                    ------------------------------------------------
Yes................................               Yes to either or both              Use all ports. Use the
                                                                                      battery or configuration
                                                                                      of batteries with the
                                                                                      highest individual
                                                                                      voltage. If multiple
                                                                                      batteries meet this
                                                                                      criteria, then use the
                                                                                      battery or configuration
                                                                                      of batteries with the
                                                                                      highest total nameplate
                                                                                      battery charge capacity at
                                                                                      the highest individual
                                                                                      voltage.
----------------------------------------------------------------------------------------------------------------

* * * * *
    5. * * *
    5.1. Recording General Data on the UUT
    The technician must record:
    (1) The manufacturer and model of the battery charger;
    (2) The presence and status of any additional functions unrelated 
to battery charging;
    (3) The manufacturer, model, and number of batteries in the test 
battery;
    (4) The nameplate battery voltage of the test battery;
    (5) The nameplate battery charge capacity of the test battery; and
    (6) The nameplate battery energy capacity of the test battery.
    (7) The settings of the controls, if the battery charger has user 
controls to select from two or more charge rates.
* * * * *
    5.3. * * *
    a. No conditioning is to be done on lithium-ion batteries. Proceed 
directly to battery preparation, section 5.4, when testing chargers for 
these batteries.
* * * * *
    d. Batteries of chemistries, other than lithium-ion, that are known 
to have been through at least two previous full charge/discharge cycles 
must only be charged once per step c.(5) of this section.
* * * * *
    5.8. * * *
    c. * * *
    (2) Set the battery analyzer for a constant discharge rate and the 
end-of-discharge voltage in Table 5.2 of this appendix for the relevant 
battery chemistry.
* * * * *
    5.10. * * *
* * * * *

Table 5.2--Required Battery Discharge Rates and End-of-Discharge Battery
                                Voltages
------------------------------------------------------------------------
                                                               End-of-
                                                              discharge
              Battery  chemistry                 Discharge    voltage *
                                                  rate  C     volts per
                                                                 cell
------------------------------------------------------------------------
Valve-Regulated Lead Acid (VRLA)..............          0.2         1.75
Flooded Lead Acid.............................          0.2         1.70
Nickel Cadmium (NiCd).........................          0.2          1.0
Nickel Metal Hydride (NiMH)...................          0.2          1.0
Lithium Ion (Li-Ion)..........................          0.2          2.5
Lithium Polymer...............................          0.2          2.5
Rechargeable Alkaline.........................          0.2          0.9
Nanophosphate Lithium Ion.....................          0.2          2.0
Silver Zinc...................................          0.2          1.2
------------------------------------------------------------------------
* If the presence of protective circuitry prevents the battery cells
  from being discharged to the end-of-discharge voltage specified, then
  discharge battery cells to the lowest possible voltage permitted by
  the protective circuitry.

* * * * *
    5.13. Unit Energy Consumption Calculation
    Calculate unit energy consumption (UEC) for a battery charger using 
one of the two equations (equation (i) or equation (ii)) listed below. 
If a battery charger is tested and its charge duration as determined in 
section 5.2 of this appendix minus 5 hours is greater than the 
threshold charge time listed in table 5.3 below (i.e. (tcd-
5) * n > ta&m), use equation (ii) to calculate UEC; 
otherwise calculate the battery charger's UEC using equation (i).

[[Page 31844]]

[GRAPHIC] [TIFF OMITTED] TR20MY16.163

Where:

E24 = 24-hour energy as determined in section 5.10 of 
this appendix,
Ebatt = Measured battery energy as determined in section 
5.8 of this appendix,
Pm = Maintenance mode power as determined in section 5.9 
of this appendix,
Psb = Standby mode power as determined in section 5.11 of 
this appendix,
Poff = Off mode power as determined in section 5.12 of 
this appendix,
tcd = Charge test duration as determined in section 5.2 
of this appendix, and
ta&m, n, tsb, and toff, are 
constants used depending upon a device's product class and found in 
the following table:

                                                        Table 5.3--Battery Charger Usage Profiles
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                     Product class                                                 Hours per day ***              Charges     Threshold
-------------------------------------------------------------------------------------------------------------------------------     (n)      charge time
                                                                                           Active +                            -------------      *
     No.            Description          Rated battery energy   Special  characteristic  maintenance    Standby    Off  (toff)   Number per ------------
                                              (Ebatt) **           or battery voltage       (ta&m)       (tsb)                      day         Hours
--------------------------------------------------------------------------------------------------------------------------------------------------------
1...........  Low-Energy.............  <=5 Wh.................  Inductive Connection           20.66         0.10         0.00         0.15       137.73
                                                                 ****.
2...........  Low-Energy, Low-Voltage  <100 Wh................  <4 V...................         7.82         5.29         0.00         0.54        14.48
3...........  Low-Energy, Medium-      .......................  4-10 V.................         6.42         0.30         0.00         0.10        64.20
               Voltage.
4...........  Low-Energy, High-        .......................  >10 V..................        16.84         0.91         0.00         0.50        33.68
               Voltage.
5...........  Medium-Energy, Low-      100-3000 Wh............  <20 V..................         6.52         1.16         0.00         0.11        59.27
               Voltage.
6...........  Medium-Energy, High-     .......................  >=20 V.................        17.15         6.85         0.00         0.34        50.44
               Voltage.
7...........  High-Energy............  >3000 Wh...............  .......................         8.14         7.30         0.00         0.32        25.44
--------------------------------------------------------------------------------------------------------------------------------------------------------
* If the duration of the charge test (minus 5 hours) as determined in section 5.2 of appendix Y to subpart B of this part exceeds the threshold charge
  time, use equation (ii) to calculate UEC otherwise use equation (i).
** Ebatt = Rated battery energy as determined in 10 CFR part 429.39(a).
*** If the total time does not sum to 24 hours per day, the remaining time is allocated to unplugged time, which means there is 0 power consumption and
  no changes to the UEC calculation needed.
**** Inductive connection and designed for use in a wet environment (e.g. electric toothbrushes).

[FR Doc. 2016-11486 Filed 5-19-16; 8:45 a.m.]
BILLING CODE 6450-01-P



                                                                                                                                                                                                          31827

                                                Rules and Regulations                                                                                         Federal Register
                                                                                                                                                              Vol. 81, No. 98

                                                                                                                                                              Friday, May 20, 2016



                                                This section of the FEDERAL REGISTER                    DATES:  The effective date of this rule is            Table of Contents
                                                contains regulatory documents having general            June 20, 2016. The final rule changes                 I. Authority and Background
                                                applicability and legal effect, most of which           will be mandatory for representations                 II. Summary of the Final Rule
                                                are keyed to and codified in the Code of                made starting November 16, 2016. The                  III. Discussion
                                                Federal Regulations, which is published under           incorporation by reference of certain                    A. Measurement Accuracy and Precision
                                                50 titles pursuant to 44 U.S.C. 1510.
                                                                                                        material listed in this rule is approved                 B. Battery Selection and Testing of Multi-
                                                                                                        by the Director of the Federal Register                     Voltage, Multi-Capacity Battery Chargers
                                                The Code of Federal Regulations is sold by
                                                                                                        as of June 20, 2016.                                     C. Back-Up Battery Chargers
                                                the Superintendent of Documents. Prices of
                                                                                                                                                                 D. Conditioning and Discharge Rate for
                                                new books are listed in the first FEDERAL               ADDRESSES:    The docket, which includes                    Lead Acid Battery Chargers
                                                REGISTER issue of each week.
                                                                                                        Federal Register notices, public meeting                 E. Sampling and Certification
                                                                                                        attendee lists and transcripts,                             Requirements
                                                                                                        comments, and other supporting                           F. Enforcement Testing Sampling Plan
                                                DEPARTMENT OF ENERGY                                                                                             G. Corrections to Typographical Errors
                                                                                                        documents/materials, is available for                    H. Limiting Other Non-Battery-Charger
                                                10 CFR Parts 429 and 430                                review at www.regulations.gov. All                          Functions
                                                                                                        documents in the docket are listed in                    I. Discharging Lithium Ion Batteries
                                                [Docket No. EERE–2014–BT–TP–0044]                       the www.regulations.gov index.                        IV. Procedural Issues and Regulatory Review
                                                                                                        However, some documents listed in the                    A. Review Under Executive Order 12866
                                                                                                        index, such as those containing                          B. Review Under the Regulatory Flexibility
                                                RIN 1904–AD45
                                                                                                        information that is exempt from public                      Act
                                                                                                        disclosure, may not be publicly                          C. Review Under the Paperwork Reduction
                                                Energy Conservation Program: Test                                                                                   Act of 1995
                                                Procedure for Battery Chargers                          available.                                               D. Review Under the National
                                                                                                           A link to the docket Web page can be                     Environmental Policy Act of 1969
                                                AGENCY:  Office of Energy Efficiency and
                                                                                                        found at: http://www.regulations.gov/                    E. Review Under Executive Order 13132
                                                Renewable Energy, Department of                                                                                  F. Review Under Executive Order 12988
                                                                                                        #!docketDetail;D=EERE-2014-BT-TP-
                                                Energy.                                                                                                          G. Review Under the Unfunded Mandates
                                                                                                        0044. The www.regulations.gov Web
                                                ACTION: Final rule.                                     page contains simple instructions on                        Reform Act of 1995
                                                                                                                                                                 H. Review Under the Treasury and General
                                                SUMMARY:    On August 6, 2015, the U.S.                 how to access all documents, including
                                                                                                                                                                    Government Appropriations Act, 1999
                                                Department of Energy (‘‘DOE’’) issued a                 public comments, in the docket.                          I. Review Under Executive Order 12630
                                                notice of proposed rulemaking                              For further information on how to                     J. Review Under Treasury and General
                                                (‘‘NOPR’’) to amend the test procedure                  review the docket, contact Ms. Brenda                       Government Appropriations Act, 2001
                                                                                                        Edwards at (202) 586–2945 or by email:                   K. Review Under Executive Order 13211
                                                for battery chargers. This final rule is
                                                                                                        Brenda.Edwards@ee.doe.gov.                               L. Review Under Section 32 of the Federal
                                                based on that NOPR. The final rule                                                                                  Energy Administration Act of 1974
                                                amends the current test procedure,                      FOR FURTHER INFORMATION CONTACT:                         M. Description of Material Incorporated by
                                                incorporating changes that will take                    Mr. Jeremy Dommu, U.S. Department of                        Reference
                                                effect 30 days after the final rule                      Energy, Office of Energy Efficiency                     N. Congressional Notification
                                                publication date. These changes will be                  and Renewable Energy, Building                       V. Approval of the Office of the Secretary
                                                mandatory for product testing to                         Technologies Office, EE–2J, 1000                     I. Authority and Background
                                                demonstrate compliance with any future                   Independence Avenue SW.,
                                                energy conservation standards that DOE                                                                           Title III of the Energy Policy and
                                                                                                         Washington, DC 20585–0121.                           Conservation Act of 1975 (42 U.S.C.
                                                may adopt and for any representations                    Telephone: (202) 586–9870. Email:
                                                made regarding the energy consumption                                                                         6291, et seq.; ‘‘EPCA’’ or, ‘‘the Act’’) sets
                                                                                                         battery_chargers_and_external_                       forth a variety of provisions designed to
                                                or energy efficiency of battery chargers                 power_supplies@ee.doe.gov.
                                                starting 180 days after publication of                                                                        improve energy efficiency.1 Part B of
                                                                                                        Mr. Pete Cochran, U.S. Department of                  title III, which for editorial reasons was
                                                this rule. In summary, these changes
                                                                                                         Energy, Office of the General Counsel,               redesignated as Part A upon
                                                update the battery selection criteria for
                                                                                                         GC–33, 1000 Independence Avenue                      incorporation into the U.S. Code (42
                                                multi-voltage, multi-capacity battery
                                                                                                         SW., Washington, DC 20585–0121.                      U.S.C. 6291–6309, as codified),
                                                chargers, harmonize the instrumentation
                                                                                                         Telephone: (202) 586–9496. Email:                    established the ‘‘Energy Conservation
                                                resolution and uncertainty requirements
                                                                                                         peter.cochran@hq.doe.gov.                            Program for Consumer Products Other
                                                with the second edition of the
                                                International Electrotechnical                          SUPPLEMENTARY INFORMATION:      This final            Than Automobiles.’’ Battery chargers
                                                Commission (‘‘IEC’’) 62301 standard for                 rule incorporates the resolution                      are among the consumer products
                                                measuring standby power, define and                     parameters for power measurements and                 affected by these provisions.
                                                exclude back-up battery chargers from                   uncertainty methodologies found in                       Under EPCA, the energy conservation
                                                the testing requirements of this                        section 4 of IEC 62301, Edition 2.0,                  program consists essentially of four
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                                                rulemaking, outline provisions for                      2011–01, ‘‘Household electrical                       parts: (1) Testing, (2) labeling, (3)
                                                conditioning lead acid batteries, specify               appliances—Measurement of standby                     Federal energy conservation standards,
                                                sampling and certification requirements                 power’’, (‘‘IEC 62301’’) by reference into            and (4) certification and enforcement
                                                for compliance with future energy                       part 430.
                                                                                                                                                                1 All references to EPCA refer to the statute as
                                                conservation standards, and correct                       Copies of the IEC 62301 standard can                amended through the Energy Efficiency
                                                typographical errors in the current test                be obtained from the IEC’s webstore at                Improvement Act of 2015, Public Law 114–11
                                                procedure.                                              https://webstore.iec.ch/home.                         (April 30, 2015).



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                                                31828                 Federal Register / Vol. 81, No. 98 / Friday, May 20, 2016 / Rules and Regulations

                                                procedures. The testing requirements                    Systems’’ 2 when measuring inactive                   test procedure, DOE published a Notice
                                                consist of test procedures that                         mode energy consumption.                              of Data Availability (NODA) on May 15,
                                                manufacturers of covered products must                     The Energy Independence and                        2014. 79 FR 27774. The NODA sought
                                                use as the basis for (1) ensuring their                 Security Act of 2007 (‘‘EISA 2007’’),                 stakeholder comments concerning the
                                                products comply with the applicable                     Public Law 110–140 (Dec. 19, 2007)                    repeatability of the test procedure for
                                                energy conservation standards adopted                   later amended EPCA by defining active                 battery chargers with several consumer
                                                under EPCA (42 U.S.C. 6295(s)), and (2)                 mode, standby mode, and off mode. (42                 configurations, and on anticipated
                                                making representations about the                        U.S.C. 6295(gg)(1)(A)) EISA 2007 also                 market penetration of new battery
                                                efficiency of those products (42 U.S.C.                 directed DOE to amend its existing test               charging technologies that may require
                                                6293(c)). Similarly, DOE must use these                 procedure by December 31, 2008, to                    further revisions to DOE’s regulations.
                                                test procedures to determine whether                    measure the energy consumed in                        DOE also sought stakeholder comments
                                                the products comply with any relevant                   standby mode and off mode for battery                 on the reporting methodologies for
                                                standards promulgated under EPCA. (42                   chargers. (42 U.S.C. 6295(gg)(2)(B)(i))               manufacturers attempting to comply
                                                U.S.C. 6295(s))                                         Further, it authorized DOE to amend, by               with California’s Energy Commission’s
                                                   EPCA sets forth the criteria and                     rule, any of the definitions for active,              (CEC’s) efficiency standards for battery
                                                procedures DOE must follow when                         standby, and off modes. (42 U.S.C.                    chargers in order to understand certain
                                                prescribing or amending test procedures                 6295(gg)(1)(B)) Accordingly, DOE issued               data discrepancies in the CEC database.
                                                for covered products. EPCA provides                     a notice of proposed rulemaking (NOPR)                DOE indicated its interest in soliciting
                                                that any new or amended test procedure                  on August 15, 2008 (73 FR 48054), and                 feedback to determine whether the
                                                must be reasonably designed to produce                  a final rule on March 27, 2009 (74 FR                 current procedure contained any
                                                test results which measure energy                       13318) to establish definitions for these             ambiguities requiring clarification.
                                                efficiency, energy use, or estimated                    terms.                                                These issues were discussed during
                                                annual operating cost of a covered                         Subsequently, in response to                       DOE’s NODA public meeting on June 3,
                                                product during a representative average                 numerous testing issues raised by                     2014.
                                                use cycle or period of use and must not                 commenters in the context of DOE’s                      To improve the repeatability and
                                                be unduly burdensome to conduct. (42                    energy conservation standards                         reproducibility of the battery charger
                                                U.S.C. 6293(b)(3))                                      rulemaking efforts for battery chargers,              test procedure, DOE issued a NOPR on
                                                   In addition, if DOE determines that a                DOE issued another NOPR on April 2,                   August 6, 2015 (‘‘August 2015 NOPR’’),
                                                test procedure amendment is warranted,                  2010. 75 FR 16958. The NOPR proposed                  which, based on stakeholder comments
                                                it must publish a proposed test                         adding a new active mode energy                       to the NODA, proposed amendments to
                                                procedure and offer the public an                       consumption test procedure for battery                appendix Y to subpart B of 10 CFR part
                                                opportunity to present oral and written                 chargers that would assist in developing              430 and to 10 CFR part 429. 80 FR
                                                                                                        potential energy conservation standards               46855. DOE then held a public meeting
                                                comments. (42 U.S.C. 6293(b)(2))
                                                                                                        for these products. DOE also proposed                 to discuss these proposed amendments
                                                Finally, in any rulemaking to amend a
                                                                                                        amending portions of its standby and off              on September 15, 2015 and allowed for
                                                test procedure, DOE must determine to
                                                                                                        mode battery charger test procedure to                written comments to be submitted
                                                what extent, if any, the proposed test
                                                                                                        shorten overall measurement time. DOE                 through October 20, 2015. This rule
                                                procedure would alter the measured
                                                                                                        held a public meeting to discuss its test             addresses comments that were received
                                                energy efficiency of the covered product
                                                                                                        procedure NOPR on May 7, 2010, where                  on the proposal, and finalizes many of
                                                as determined under the existing test
                                                                                                        it also received comments on the                      the proposed changes to appendix Y to
                                                procedure. (42 U.S.C. 6293(e)(1))
                                                                                                        proposals set forth in the NOPR. After                subpart B of 10 CFR part 430 and to 10
                                                   The Energy Policy Act of 2005
                                                                                                        receiving comments at the public                      CFR part 429.
                                                (‘‘EPACT 2005’’), Public Law 109–58
                                                                                                        meeting, DOE published a final rule that
                                                (Aug. 8, 2005), amended EPCA by                                                                               II. Summary of the Final Rule
                                                                                                        codified a new active mode test
                                                adding provisions related to battery                                                                             This final rule makes several
                                                                                                        procedure and amended the standby
                                                chargers. Among these provisions were                                                                         amendments to the current test
                                                                                                        and off mode test procedures. 76 FR
                                                definitions outlining what constitutes a                                                                      procedure for battery chargers. First, the
                                                                                                        31750 (June 1, 2011). As federal
                                                battery charger and a requirement that                                                                        final rule harmonizes the current test
                                                                                                        standards for battery chargers have yet
                                                DOE prescribe definitions and test                                                                            procedure for battery chargers with the
                                                                                                        to be finalized, DOE has not required
                                                procedures for the power use of battery                                                                       latest version of the IEC 62301 standard
                                                                                                        manufacturers to submit energy
                                                chargers and external power supplies.                                                                         by providing specific resolution and
                                                                                                        efficiency data for their products tested
                                                (42 U.S.C. 6295(u)(1)(A)) DOE complied                                                                        measurement tolerances. This
                                                                                                        under the battery charger test procedure.
                                                with this requirement by publishing a                                                                         amendment ensures that the
                                                                                                           Following the publication of the most
                                                test procedure final rule on December 8,                                                                      measurements resulting from the
                                                                                                        recent battery charger test procedure
                                                2006, that established a new Appendix                                                                         current test procedure are repeatable
                                                                                                        final rule, DOE continued to receive
                                                Y to address the testing of battery                                                                           and reproducible.
                                                                                                        additional questions and requests for
                                                chargers to measure their energy                                                                                 Second, the final rule amends the
                                                                                                        clarification regarding the testing,
                                                consumption and adopted several                                                                               battery selection criteria for multi-
                                                                                                        rating, and classification of battery
                                                definitions related to the testing of                                                                         voltage, multi-capacity battery chargers
                                                                                                        chargers. As part of the continuing effort
                                                battery chargers. 71 FR 71340 (codified                                                                       to limit the number of batteries selected
                                                                                                        to establish federal energy conservation
                                                at appendix Y to subpart B of 10 CFR                                                                          for testing to one. For multi-voltage,
                                                                                                        standards for battery chargers and to
                                                part 430 ‘‘Uniform Test Method for                                                                            multi-capacity battery chargers, the
                                                                                                        develop a clear and widely applicable
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                                                Measuring the Energy Consumption of                                                                           battery with the highest rated voltage is
                                                Battery Chargers’’). Lastly, DOE                          2 U.S. Environmental Protection Agency. ‘‘Test      to be selected for testing. If at least two
                                                incorporated by reference specific                      Methodology for Determining the Energy                batteries meet the criteria of having the
                                                sections of the U.S. Environmental                      Performance of Battery Charging Systems.’’            highest rated voltage, then the battery
                                                Protection Agency’s (‘‘EPA’’) ‘‘Test                    December 2005. Available at: https://
                                                                                                        www.energystar.gov/ia/partners/prod_
                                                                                                                                                              with the highest rated charge capacity at
                                                Methodology for Determining the                         development/downloads/Battery_Chargers_Test_          that rated voltage is to be selected for
                                                Energy Performance of Battery Charging                  Method.pdf.                                           testing.


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                                                                            Federal Register / Vol. 81, No. 98 / Friday, May 20, 2016 / Rules and Regulations                                                31829

                                                   Third, the final rule defines and                               Fifth, the final rule adds product-                 conservation standards for battery
                                                excludes back-up battery chargers                                specific certification reporting                      chargers that DOE may promulgate.
                                                embedded in continuous use devices                               requirements to 10 CFR 429.39(b),                       Sixth, the final rule corrects an
                                                from being required to be tested under                           which had been reserved. The final rule               internal cross-reference error in the
                                                the battery charger test procedure.                              also adds a sampling methodology to be                current version of Table 3.1 contained
                                                   Fourth, the final rule allows lead acid                       used for determining representations of               in appendix Y to subpart B of 10 CFR
                                                batteries to be conditioned prior to                             battery charger energy consumption and                part 430, adds units of measurement to
                                                testing by applying the protocol                                 also adds provisions for enforcement                  the measured and calculated values in
                                                currently used for other battery
                                                                                                                 testing. These amendments specify the                 the table, and removes the empty value
                                                chemistries (excluding lithium-ion).
                                                                                                                 required data elements to certify                     column currently contained in that
                                                DOE is aware that a lead acid battery’s
                                                condition may vary upon purchase and                             compliance with any energy                            table. Additionally, the final rule
                                                this variation can impact the                                    conservation standards for battery                    corrects a typographical error in section
                                                performance of lead acid batteries.                              chargers that DOE may adopt, describe                 5.8(c)(2) of appendix Y to subpart B of
                                                Conditioning of these batteries prior to                         how to calculate the representations,                 10 CFR part 430.
                                                testing will help mitigate the extent of                         and provide a method for DOE to                         Table II–1 below summarizes the
                                                this variation and reduce the variability                        enforce compliance with any energy                    changes and affected sections of 10 CFR
                                                of the test results.                                                                                                   parts 429 and 430.
                                                                     TABLE II–1—SUMMARY OF CHANGES AND AFFECTED SECTIONS OF 10 CFR PARTS 429 AND 430
                                                             Modified sections                                                                    Summary of modifications

                                                429.39 Battery Chargers .................             • Revised requirements for determining represented values for battery chargers in 429.39(a).
                                                                                                      • Created a new paragraph (b), specifying requirements for certifications of compliance with energy con-
                                                                                                        servation standards for battery chargers.
                                                430.2. Definitions ............................       • Added definition of ‘‘back-up battery charger.’’
                                                1. Scope ..........................................   • Inserted exceptions for back-up battery chargers embedded in continuous use devices.
                                                2. Definitions ...................................    • Inserted unit in the definition of C-Rate in section 2.10.
                                                                                                      • Renamed ‘‘rated battery voltages’’ as ‘‘Nameplate battery voltages’’ in section 2.17.
                                                                                                      • Renamed ‘‘Rated battery voltage’’ as ‘‘Nameplate battery voltage’’ in section 2.19.
                                                                                                      • Renamed ‘‘Rated charge capacity’’ as ‘‘Nameplate battery charge capacity’’ in section 2.20.
                                                                                                      • Renamed ‘‘Rated energy capacity’’ as ‘‘Nameplate battery energy capacity’’ in section 2.21.
                                                3. Standard Test Conditions ...........               • Incorporated by reference the uncertainty requirements of IEC 62301 in 3.2(a).
                                                                                                      • Corrected the internal cross reference in Table 3.1 for item 4 and modified the table by removing the
                                                                                                        current ‘‘value’’ column and adding units to the table as appropriate.
                                                4. Unit Under Test (UUT) Setup                        • Revised 4.3(a)(1) to remove the possibility of misinterpretation regarding selection of batteries to use for
                                                  Requirements.                                         testing for battery chargers packaged with multiple batteries.
                                                                                                      • Clarified in section 4.3(b) that a single battery must be selected as a result of applying the battery selec-
                                                                                                        tion criteria in Table 4.1. Inserted a paragraph in section 4.3(b) to require selecting the single battery re-
                                                                                                        sulting in the highest maintenance mode power when following Table 4.1 results in two or more distinct
                                                                                                        batteries.
                                                                                                      • Changed ‘‘rated charge capacity’’ and ‘‘rated charge capacities’’ to ‘‘nameplate battery charge capacity’’
                                                                                                        and ‘‘nameplate battery charge capacities,’’ respectively, in section 4.3(c).
                                                                                                      • Updated Table 4.1 to remove instances of multiple batteries for test and instructed that, where applica-
                                                                                                        ble, the battery with the highest voltage must be selected for testing. If multiple batteries meet the cri-
                                                                                                        teria of highest voltage, then the battery with the highest charge capacity at that voltage must be se-
                                                                                                        lected for testing. Removed column ‘‘number of tests.’’
                                                5. Test Measurements ....................             • Changed ‘‘rated battery voltage’’, ‘‘rated charge capacity’’ and ‘‘rated charge energy’’ to ‘‘nameplate bat-
                                                                                                        tery voltage’’, ‘‘nameplate battery charge capacity’’ and ‘‘nameplate battery energy capacity,’’ respec-
                                                                                                        tively, in section 5.1.
                                                                                                      • Removed reference to lead acid batteries from section 5.3(a).
                                                                                                      • Inserted provision for lead acid batteries to be discharged to end-of-discharge voltages specified in
                                                                                                        Table 5.2.
                                                                                                      • Removed reference to lead acid from section 5.3(d).
                                                                                                      • Corrected the unit of discharge current to ‘‘C’’ in section 5.8(c)(2).
                                                                                                      • Added footnote in Table 5.2 regarding situations with protective circuits preventing batteries from reach-
                                                                                                        ing the specified discharge voltage.



                                                III. Discussion                                                  standards development organizations,                  comments are discussed in more detail
                                                  In response to the August 2015 NOPR,                           energy efficiency advocacy groups, and                below, and the full set of comments can
                                                DOE received written comments from                               a foreign government. Table III–1 below               be found at: http://www.regulations.gov/
                                                18 interested parties, including                                 lists the entities that commented on that             #!docketBrowser;rpp=25;po=0;dct
                                                manufacturers, trade associations,                               NOPR and their affiliation. These                     =PS;D=EERE-2014-BT-TP-0044.
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                                                31830                         Federal Register / Vol. 81, No. 98 / Friday, May 20, 2016 / Rules and Regulations

                                                                TABLE III–1—INTERESTED PARTIES THAT PROVIDED WRITTEN COMMENTS ON THE AUGUST 2015 NOPR
                                                                                                                                                                                                                                                      Comment No.
                                                                                                                   Commenter                                                                                            Acronym                          (docket
                                                                                                                                                                                                                                                       reference)

                                                Association of Home Appliance Manufacturers, Power Tool Institute and Outdoor Power Equipment                                                               Joint Commenters ..........                        16
                                                   Institute.
                                                ARRIS Group, Inc and Cisco Systems, Inc ............................................................................................                        ARRIS ............................                 19
                                                California Energy Commission ................................................................................................................               CEC ...............................                08
                                                California Investor Owned Utilities ..........................................................................................................              CA IOUs .........................                  21
                                                Delta-Q Technologies Corp .....................................................................................................................             Delta-Q ...........................                11
                                                Information Technology Industry Council ................................................................................................                    ITI ...................................            17
                                                iRobot Corp .............................................................................................................................................   iRobot .............................               07
                                                Japan Four Electric and Electronic Industrial Associations ....................................................................                             Japan 4EE .....................                    06
                                                Johnson Outdoor Marine Electronics, Inc ...............................................................................................                     JOME .............................                 02
                                                National Electrical Manufacturers Association ........................................................................................                      NEMA .............................                 13
                                                National Marine Manufacturers Association ...........................................................................................                       NMMA ............................                  09
                                                Natural Resources Defense Council, Appliance Standards Awareness Project, and Northwest En-                                                                 NRDC, et al ...................                    20
                                                   ergy Efficiency Alliance.
                                                NOPR Public Meeting Transcript, various parties ..................................................................................                          Pub. Mtg. Tr ...................                   04
                                                People’s Republic of China .....................................................................................................................            P. R. China ....................                   05
                                                Power MergerCo, Inc ..............................................................................................................................          Power MergerCo ............                        15
                                                Power Tools Institute and Outdoor Power Equipment Institute ..............................................................                                  PTI/OPEI ........................                  14
                                                Schneider Electric ...................................................................................................................................      Schneider Electric ..........                      12
                                                Telecommunications Industry Association ..............................................................................................                      TIA .................................              10
                                                WAHL Clipper Corp .................................................................................................................................         WAHL Clipper ................                      18



                                                A. Measurement Accuracy and                                                  DOE believes that harmonization with                                     capacity battery chargers and instead
                                                Precision                                                                 the second edition of the IEC 62301                                         require that only one battery with the
                                                                                                                          standard is necessary for ensuring                                          highest voltage and/or highest capacity
                                                   To continue to ensure that DOE’s test                                  accuracy and repeatability of test results                                  be selected. DOE’s proposal would
                                                procedure for battery chargers is                                         for battery chargers. DOE does not                                          result in only one set of test results, and
                                                harmonized with the default guidelines                                    believe that the increase in data                                           after application of the sampling plan, a
                                                for power and energy measurements                                         resulting from the higher sampling rate                                     single represented value for each basic
                                                generally recognized by many regulatory                                   is cumbersome or unduly burdensome                                          model of battery charger. Any potential
                                                bodies, DOE proposed in the August                                        on manufacturers since test data                                            energy conservation standard would
                                                2015 NOPR to incorporate by reference                                     acquisition and storage is performed                                        only apply to the specific combination
                                                the resolution parameters and                                             automatically using electronic test                                         that is required to be tested and
                                                uncertainty methodologies found in                                        equipment. Furthermore, DOE believes                                        represented as part of the test
                                                section 4 of the second edition of the                                    that the mandated calculation of                                            procedure.
                                                IEC 62301 standard. 80 FR 46855,                                          uncertainty of measurement, as                                                 DOE received numerous comments
                                                46861.                                                                    prescribed in annex D of the second                                         from a variety of stakeholders regarding
                                                                                                                          edition of the IEC 62301 standard, is                                       the proposed change in the battery
                                                   DOE received comments from the CA
                                                                                                                          necessary for appropriately quantifying                                     selection criteria for multi-voltage,
                                                IOUs, ITI, NEMA, NMMA, Schneider
                                                                                                                          the accuracy of measured values. Thus,                                      multi-capacity battery chargers. First,
                                                Electric, and WAHL Clipper supporting                                                                                                                 DOE received comments from NEMA,
                                                                                                                          DOE is incorporating by reference the
                                                the proposal. (CA IOUs, No. 21, p. 3, ITI,                                                                                                            NRDC, et al., and Schneider Electric
                                                                                                                          resolution parameters and uncertainty
                                                No. 17, p. 4, NEMA, No. 13, p. 3,                                         methodologies found in section 4 of the                                     opposing the proposal to limit the
                                                NMMA, No. 9, p. 3, Schneider Electric,                                    second edition of the IEC 62301                                             number of batteries selected for testing
                                                No. 12, p. 4, WAHL Clipper, No. 18, p.                                    standard in this final rule.                                                multi-voltage, multi-capacity battery
                                                1). DOE also received comments from                                                                                                                   chargers to one. NEMA argued that
                                                JOME and Delta-Q opposing the                                             B. Battery Selection and Testing of                                         limiting the number of batteries selected
                                                proposal. JOME expressed concern that                                     Multi-Voltage, Multi-Capacity Battery                                       for testing to a single battery prescribes
                                                the sampling rate of at least one sample                                  Chargers                                                                    an unnecessary restriction on
                                                per second prescribed in the second                                          In order to eliminate ambiguity in the                                   manufacturers of battery chargers.
                                                edition of the IEC 62301 standard will                                    battery selection criteria and reduce                                       NEMA further argued that multiple
                                                produce large amounts of data during                                      testing burden on manufacturers, DOE                                        chemistries and capacity values make
                                                the 24-hour energy consumption test                                       proposed in the August 2015 NOPR to                                         battery chargers a very diverse category,
                                                and the management of these data can                                      reduce the number of batteries selected                                     whose test results cannot be duplicated
                                                be cumbersome for manufacturers.                                          for testing certain multi-voltage, multi-                                   under too-specific test procedures.
                                                (JOME, No. 2, p. 2) JOME and Delta-Q                                      capacity battery chargers to one. 80 FR                                     (NEMA, No. 13, p. 2) Schneider Electric
                                                both recommended a sampling rate of at                                    at 46860. These criteria are applicable to                                  also argued that limiting the number of
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                                                least one sample per minute. (JOME, No.                                   multi-voltage, multi-capacity battery                                       batteries selected for testing to a single
                                                2, p. 2, Delta-Q, No. 11, p. 1)                                           chargers packaged or sold without a                                         battery is an unnecessary and
                                                Additionally, JOME opposed the                                            battery or packaged and sold with more                                      burdensome restriction on battery
                                                mandated calculation of uncertainty of                                    than one battery. Specifically, DOE                                         charger manufacturers. Schneider
                                                measurement in annex D of the second                                      proposed to modify Table 4.1 to                                             Electric stated that testing a battery
                                                edition of the IEC 62301 standard.                                        eliminate the multiple tests currently                                      charger with the highest voltage or
                                                (JOME, No. 2, p. 3)                                                       required for multi-voltage and multi-                                       highest capacity battery does not


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                                                                      Federal Register / Vol. 81, No. 98 / Friday, May 20, 2016 / Rules and Regulations                                          31831

                                                capture the worst-case energy                           which the manufacturer is required to                 battery packaged together as a single
                                                consumption of the battery charger.                     test the battery charger.                             battery charger basic model. The battery
                                                Schneider Electric recommended an                          NRDC, et al. also opposed DOE’s                    selection criteria proposed in the
                                                approach requiring manufacturers to                     proposal and recommended that DOE                     August 2015 NOPR are only used when
                                                select, identify, and declare which                     retain the current battery selection                  more than one battery is packaged with
                                                battery was used for testing (typically,                criteria for multi-voltage, multi-capacity            a battery charger or when no batteries
                                                the worst-case battery subsystem in                     battery chargers so that these chargers               are packaged with the charger. For the
                                                terms of energy consumption). These                     are tested against the entire range of                reasons stated above, DOE is finalizing
                                                testing specifics would be reported and                 batteries compatible with that basic                  its proposal to reduce the number of
                                                available to DOE and third-party test                   model of charger. Further, NRDC, et al.               batteries selected for testing certain
                                                facilities, to enable them to reproduce                 recommended that the test procedure                   multi-voltage, multi-capacity battery
                                                the test results. (Schneider Electric, No.              should ensure battery chargers are                    chargers packaged with multiple
                                                12, p. 2)                                               tested with the batteries they are                    batteries, or packaged without a battery,
                                                                                                        shipped with instead of the highest                   to one in this final rule.
                                                   DOE believes that the proposed                                                                                DOE also received stakeholder
                                                battery selection criteria for testing                  capacity batteries that the chargers are
                                                                                                        capable of charging. (NRDC, et al., No.               comments supporting the proposed
                                                multi-voltage, multi-capacity battery                                                                         battery selection criteria but arguing that
                                                chargers, packaged or sold without a                    20, p. 3) While DOE is finalizing its
                                                                                                        proposal of testing multi-voltage, multi-             the highest voltage and highest capacity
                                                battery or packaged and sold with more                                                                        might not always be found in the same
                                                                                                        capacity battery chargers shipped either
                                                than one battery, is most representative                                                                      physical battery. (The Joint
                                                                                                        with multiple batteries or without a
                                                of the overall energy use of the battery                                                                      Commenters, No. 16, p. 5; DELL Inc.,
                                                                                                        battery, with one and only one battery
                                                charger while reducing testing burden                                                                         Pub. Mtg. Tr., No. 4, p. 31–33). Under
                                                                                                        to, in part, remove ambiguity in the
                                                on manufacturers of battery chargers.                                                                         DOE’s proposal, a multi-voltage and
                                                                                                        battery selection criteria, the primary
                                                Due to the increased costs and                                                                                multi-capacity battery charger would be
                                                                                                        reason is to balance testing burden on
                                                complexity for a battery charger to                                                                           tested using the battery or configuration
                                                                                                        manufacturers against potential losses
                                                support higher voltages, it is unlikely                                                                       of batteries with the highest individual
                                                                                                        in energy savings that may arise due to
                                                that a manufacturer would add support                                                                         voltage and highest total rated energy
                                                                                                        testing in specific configurations or
                                                for higher voltages unless there was a                                                                        capacity. Upon further consideration,
                                                                                                        modes. DOE believes that testing at the               DOE acknowledges that this proposal
                                                strong demand to charge such batteries.                 highest voltage would most likely
                                                Adding support for lower voltage                                                                              creates ambiguity in cases where a
                                                                                                        capture the highest energy use of the                 battery with a lower voltage has a higher
                                                batteries, however, incurs little to no                 battery charger as well as the most
                                                additional cost or design complexity.                                                                         rated energy capacity than a battery
                                                                                                        common use of the battery charger by                  with a higher voltage, and vice-versa. To
                                                Thus, the highest voltage and/or highest                consumers. DOE will monitor the
                                                capacity battery is likely the most                                                                           eliminate this ambiguity in the
                                                                                                        market as compliance is required and                  proposed battery selection criteria, ITI
                                                representative combination for a battery                revisit this approach if DOE believes
                                                charger. As Schneider Electric notes, the                                                                     and PTI/OPEI recommended selecting a
                                                                                                        this approach is resulting in unintended              battery with the highest capacity, and if
                                                highest voltage or capacity may not                     consequences. DOE further emphasizes
                                                necessarily be the highest energy use.                                                                        multiple batteries exist with the same
                                                                                                        that the selection criteria provided in               capacity then the battery with the
                                                However, the highest voltage or capacity                Table 4.1 of Appendix Y apply only to
                                                would be the most common use of such                                                                          highest voltage would be selected. (ITI,
                                                                                                        battery chargers packaged with multiple               No. 17, p. 2, PTI/OPEI, No 14, p. 4) In
                                                a battery charger. Additionally, it would               batteries, or packaged without a battery.
                                                be burdensome to determine which                                                                              contrast, NRDC, et al. recommended
                                                                                                        The selection criteria do not apply to                selecting a battery with the highest
                                                battery did result in the highest energy                battery chargers with integrated                      voltage, and if multiple batteries of the
                                                use as that would require testing all the               batteries or to battery charger basic                 same voltage exist then select the
                                                combinations of batteries the battery                   models that are packaged with only one                battery with the highest capacity.
                                                charger supported and, at this point in                 battery (in each of those cases, the                  (NRDC, et al., No. 20, p. 2) NRDC, et al.
                                                time, DOE does not have a reason to                     battery packaged with the charger                     also recommended selecting the battery
                                                believe this is necessary. Allowing                     would be used for testing). For a battery             with the lowest charge capacity, and if
                                                manufacturers to declare and select the                 charger packaged with a battery, the                  multiple batteries meet this criterion,
                                                battery used would reduce the testing                   battery charger basic model includes the              then the compatible battery with the
                                                burden; however, that approach could                    entire battery charger system as                      lowest voltage and lowest charge
                                                be inconsistently applied amongst                       packaged together and distributed into                capacity would be selected. (NRDC, et
                                                different manufacturers based on how                    commerce. Therefore, if a battery                     al., No. 20, p. 3) NEMA recommended
                                                such batteries were selected and may                    charger is packaged and sold with a                   that manufacturers should be permitted
                                                result in battery selections that are not               single battery of a particular voltage and            discretion on battery selection based on
                                                commonly used by consumers. DOE                         capacity, and that same charger model                 internal considerations such as the most
                                                also notes that restricting test results to             is packaged and sold with another                     common type of batteries used in their
                                                a single battery instead of multiple                    single battery of different voltage and               supply chain, etc. (NEMA, No. 13, p. 2)
                                                batteries would reduce burden on a                      capacity, then each combination of                    DOE also received comments that
                                                manufacturer if the potential energy                    charger circuitry and battery would be                recommended selecting the most
                                                conservation standards only require                     considered its own battery charger basic              common battery for the application
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                                                compliance at the tested battery                        model. A battery charger basic model is               (JOME, No. 2, p. 2), the battery
                                                configuration. Finally, contrary to the                 subject to testing, certification, and                mentioned in the user manual (Japan
                                                assertion of NEMA and Schneider                         compliance with an energy conservation                4EE, No. 6, p. 3), and the readily
                                                Electric, manufacturers would still be                  standard. The selection criteria are not              available batteries specific to lead acid
                                                able to distribute the basic model of                   relevant in these cases because the test              battery chargers (NMMA, No. 9, p. 2).
                                                battery charger with other batteries;                   procedure would require testing the                      The proposals from NEMA, Japan
                                                DOE is only limiting the battery with                   battery charger circuitry and the (single)            4EE, and NMMA could be


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                                                31832                 Federal Register / Vol. 81, No. 98 / Friday, May 20, 2016 / Rules and Regulations

                                                representative of the battery charger                   highest mode maintenance power was                    back-up battery charging as a primary
                                                energy; however, there is no way to                     intended to only apply when                           function, measuring the energy use
                                                ensure repeatability when selecting the                 application of the battery selection                  associated with the battery charging
                                                battery since different manufacturers                   criteria in Table 4.1 to multi-voltage,               function of these devices is often
                                                may select recommended batteries for                    multi-capacity, multi-chemistry                       extremely difficult—if not impossible—
                                                reasons unrelated to representativeness,                chargers results in more than one                     because of the inability to isolate the
                                                the most commonly used battery may                      battery (such that two or more batteries,             energy usage from the battery charging
                                                change over time, and readily available                 each with a unique chemistry, meet the                function during testing. DOE proposed
                                                batteries may also change over time                     selection criteria). This criterion was not           to define back-up battery chargers in 10
                                                resulting in constant retesting and                     intended to and will not apply to multi-              CFR 430.2 as a battery charger that: (1)
                                                recertifications.                                       voltage, multi-capacity battery chargers              Is embedded in a separate end-use
                                                   In the August 2015 NOPR, DOE                         sold without an accompanied battery                   product that is designed to operate
                                                proposed that the highest voltage and/                  that are only capable of charging                     continuously using mains power (AC or
                                                or highest capacity battery be selected                 batteries of a single chemistry such as               DC), and (2) has as its sole purpose to
                                                for multi-voltage, multi-capacity battery               lead acid. Additionally, since DOE is                 recharge a battery used to maintain
                                                chargers. 80 FR at 46860. DOE intended                  reducing the testing burden to a single               continuity of load power in case of
                                                to prioritize battery voltage over battery              voltage point, testing with the highest               input power failure.
                                                capacity. Higher voltages require the                   maintenance mode power ensures that                      DOE received comments from ARRIS
                                                most design consideration for battery                   the energy savings from a potential                   and Japan 4EE supporting DOE’s
                                                chargers, and a manufacturer would not                  energy conservation standard is                       decision to define and exclude back-up
                                                design for higher voltages unless it was                maximized. Therefore, DOE is finalizing               battery chargers from the scope of the
                                                common and significant to the use of                    the additional battery selection criterion            battery chargers test procedure. (ARRIS,
                                                the battery charger. Increased battery                  of selecting the battery and battery                  No. 19, p. 1, Japan 4EE, No. 6, p. 3)
                                                capacity generally does not require as                  charger combination resulting in the                  However, DOE also received comments
                                                significant a redesign of the battery                   highest maintenance mode power if                     from the CA IOUs, CEC, NRDC, et al.
                                                charger. Therefore, in response to                      applying the battery selection criteria in            and Schneider Electric opposing this
                                                stakeholder comments and to clarify its                 Table 4.1 results in more than one                    aspect of DOE’s proposal. Schneider
                                                original intention, DOE is modifying the                battery (such that two or more batteries,             Electric expressed concern that, in the
                                                battery selection criteria language for                 each with a unique chemistry, meet the                absence of a Federal test procedure
                                                multi-voltage, multi-capacity battery                   selection criteria) for a multi-voltage,              covering back-up battery chargers,
                                                chargers in Table 4.1 to more clearly                   multi-capacity, multi-chemistry battery               manufacturers of back-up battery
                                                specify that battery voltage is prioritized             charger.                                              chargers are faced with the possibility of
                                                over battery capacity. This update                         Lastly, NEMA recommended that                      individual states introducing numerous
                                                eliminates any ambiguity in the battery                 DOE require manufacturers of multi-                   and potentially inconsistent test
                                                selection criteria while ensuring that the              voltage, multi-capacity, multi-chemistry              procedures and energy conservation
                                                energy consumption of multi-voltage,                    battery chargers to identify and declare              standards, which will be unduly
                                                multi-capacity battery chargers is tested               testing specifics that would be reported              burdensome on manufacturers.
                                                at the most representative combination                  and available to DOE and third-party                  (Schneider Electric, No. 12, p. 1) The
                                                as DOE intended.                                        test facilities, to enable them to                    CEC, CA IOUs, and NRDC, et al.
                                                   Further, DOE received comments                       reproduce the test results. (NEMA, No.                contended that excluding back-up
                                                from NRDC, et al. supporting DOE’s                      13, p. 2) NEMA’s recommendation was                   battery chargers from the test procedure
                                                additional proposed criterion of testing                based on its recommendation that DOE                  will preempt the CEC’s existing energy
                                                a multi-voltage, multi-capacity, multi-                 relax the requirements of its proposed                efficiency standards for back-up battery
                                                chemistry battery charger with a battery                test procedure to allow options for                   chargers, which can potentially lead to
                                                that results in the highest maintenance                 battery selection under these                         backsliding of energy savings from the
                                                mode power if applying the battery                      circumstances. NEMA contended that                    CEC standards. Furthermore, the CEC,
                                                selection criteria in Table 4.1 results in              ‘‘too-specific test procedures challenge              CA IOUs and NRDC, et al. suggested
                                                more than one battery selected (such                    successful duplication of test efforts.’’             that, if DOE decides to exclude back-up
                                                that two or more batteries, each with a                 (NEMA, No. 13, p. 2) DOE believes, to                 battery chargers from the scope of the
                                                unique chemistry, meet the selection                    the contrary, that deviation from the                 battery chargers test procedure, DOE
                                                criteria). (NRDC, et al., No. 20, p. 2)                 standard protocols would negatively                   should exclude back-up battery chargers
                                                However, NMMA recommended that                          affect accuracy and repeatability of test             from the definition of battery chargers
                                                DOE clarify that the selection criterion                results. Therefore, this test procedure               altogether, which will allow the current
                                                of highest maintenance mode power                       final rule for battery chargers details and           CEC standards to remain applicable
                                                only applies to chargers of distinct                    standardizes all specifics surrounding                until DOE decides to introduce a
                                                chemistries, and does not apply to lead                 compliance testing. As such, there will               specific test procedure for back-up
                                                acid battery chargers sold without an                   be no need for the requirement                        battery chargers. (CEC, No. 8, p. 3, CA
                                                accompanying battery. NMMA stated                       recommended by NEMA.                                  IOUs, No. 21, p. 3, NRDC, et al., No. 20,
                                                that the maintenance mode power of                                                                            p. 2)
                                                lead acid batteries depends on a number                 C. Back-Up Battery Chargers                              In response to these concerns, DOE
                                                of factors, not all manufacturers of lead                 In the August 2015 NOPR, DOE                        clarifies here that, while the rule
                                                acid batteries publish this information,                proposed to define back-up battery                    adopted here will preempt state test
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                                                and, therefore, selection of worst-case                 chargers and exclude them from the                    procedures for battery chargers, state
                                                lead acid batteries may be difficult to                 scope of the battery chargers test                    energy conservation standards for
                                                achieve. (NMMA, No. 9, p. 2)                            procedure rulemaking. 80 FR at 46860.                 battery chargers, including back-up
                                                   In response to the concern raised by                 In that document, DOE explained that                  battery chargers and UPSs, prescribed or
                                                NMMA, DOE clarifies that the                            because these types of devices are                    enacted before publication of this final
                                                additional battery selection criterion of               becoming increasingly integrated with a               rule, will not be preempted until the
                                                selecting the battery that results in the               variety of products that do not perform               compliance date of Federal energy


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                                                                      Federal Register / Vol. 81, No. 98 / Friday, May 20, 2016 / Rules and Regulations                                         31833

                                                conservation standards for battery                      the energy consumption of these                       mandate two conditioning cycles for
                                                chargers. (42 U.S.C. 6295(ii)(1))                       subsystems. (ITI, No. 17, pp. 3–4)                    lead acid batteries. (Delta-Q, No. 11, p.
                                                   DOE has considered all stakeholder                     After researching applications and                  1) Schneider Electric and ITI suggested
                                                comments related to this topic and is                   architectures of rechargeable battery                 conditioning lead acid batteries by
                                                finalizing the exclusion of back-up                     subsystems, as defined by ITI, DOE                    means of a float charger for a duration
                                                battery chargers, as defined in 10 CFR                  believes that rechargeable battery                    of at least 72 hours for batteries that
                                                430.2, from the battery charger test                    subsystems would already meet the                     have been in storage for 3 months or
                                                procedure. This is not because it is not                proposed definition of back-up battery                longer. (Schneider Electric, No. 12, p. 4,
                                                possible to apply the test procedure to                 chargers. In particular, a battery charger            ITI, No. 17, p. 5) NEMA recommended
                                                back-up battery chargers, but rather                    that maintains a battery used to provide              that DOE provide flexibility in the
                                                because applying the battery charger test               partial operation of a parent product in              process of conditioning batteries for
                                                procedure to back-up battery chargers                   the event of an input power failure                   certification testing. NEMA highlighted
                                                does not result in a representative                     would not preclude it from meeting the                that it is not unusual for lead acid
                                                measure of the energy consumption of                    definition proposed by DOE. Therefore,                batteries to be in storage for some time
                                                these battery chargers. While the battery               under DOE’s proposal, rechargeable                    and that two discharge cycles may not
                                                charger test procedure allows a                         battery subsystems would be excluded                  be enough to fully recover their
                                                manufacturer to minimize standby                        from the scope of the battery charger test            capacity. Further, NEMA mentioned
                                                power of additional functionalities or                  procedure. Based on the comment from                  that a float charge of 72 hours duration
                                                incorporate an on-off switch to disable                 ITI, DOE is finalizing a modified                     is also sometimes used following 100%
                                                non-battery charger functions, doing so                 definition of back-up battery chargers in             discharge cycles depending on battery
                                                is impractical for applications that are                10 CFR 430.2 to make clear that a                     condition, age or other needs. (NEMA,
                                                designed to operate continuously. There                 battery charger system embedded in a                  No. 13, p. 3)
                                                would be no practical reason, therefore,                continuous use product does not need                     NRDC, et al. opposed the proposal to
                                                for a manufacturer to implement                         to maintain continuity of normal                      allow lead acid batteries to be
                                                potentially costly technology or                        operation in the event of a power loss                conditioned prior to testing. In its view,
                                                switches that limit the non-battery                     to qualify as a back-up battery charger.              unlike the current test procedure,
                                                charging functions of a design in which                 Hence, in this final rule, back-up battery            permitting the conditioning of lead acid
                                                those non-battery charging functions are                charger means a battery charger                       batteries would allow lower efficiency
                                                designed to be operated continuously,                   (excluding UPSs) that: (1) Is embedded                battery chargers to comply with the
                                                and thus, are not representative of                     in a separate end-use product that is                 proposed energy efficiency standards.
                                                typical use.                                            designed to continuously operate using                (NRDC, et al., No. 20, p. 5) The CEC also
                                                                                                        mains power (including end-use                        recommended that if DOE decides to
                                                   Similarly, DOE is excluding
                                                                                                        products that use external power                      allow conditioning of lead acid batteries
                                                uninterruptible power supplies
                                                                                                        supplies), and (2) has as its sole purpose            prior to testing, DOE must also factor
                                                (‘‘UPSs’’) from this battery charger test               to recharge a battery used to maintain                the impact of this conditioning into its
                                                procedure. DOE has proposed, as part of                 continuity of power in order to provide               proposed energy conservation standards
                                                a separate rulemaking, a test procedure                 normal or partial operation of a product              for lead acid battery chargers. (CEC, No.
                                                for UPSs that contain an AC output. See                 in case of loss of input power. This                  8, p. 7)
                                                http://energy.gov/sites/prod/files/2016/                definition of back-up battery chargers                   DOE has become aware that the
                                                04/f31/Uninterruptible%20Power%20                       clarifies that rechargeable battery                   condition of lead acid batteries may
                                                Supply%20Test%20Procedure                               subsystems meet the definition of back-               vary upon purchase and this variation
                                                %20NOPR_0.pdf. That rulemaking, if                      up battery chargers.                                  can impact the repeatability of test
                                                finalized as proposed, would establish a                                                                      results of lead acid battery chargers.
                                                different battery charger test procedure                D. Conditioning and Discharge Rate for                Given this fact, conditioning lead acid
                                                for UPSs with an AC output, and would                   Lead Acid Battery Chargers                            batteries prior to testing will produce
                                                ensure that a uniform and consistent                       In the August 2015 NOPR, DOE                       more accurate and repeatable
                                                test procedure exists for these type of                 proposed to apply the same battery                    representations of battery discharge
                                                battery chargers that is representative of              conditioning provisions found in                      energy, which will result in more
                                                their energy consumption and energy                     section 5.3(c) of appendix Y to subpart               accurate and repeatable representations
                                                efficiency.                                             B of 10 CFR part 430, to lead acid                    of energy consumption for lead acid
                                                   DOE also received comments from ITI                  batteries and use a 50% depth of                      battery chargers. Additionally,
                                                requesting that DOE define and exclude                  discharge during conditioning cycles. 80              standardizing the battery conditioning
                                                rechargeable battery subsystems from                    FR at 46861. Since the publication of                 protocol will help to ensure
                                                the test procedure for battery chargers.                the NOPR, DOE received comments                       repeatability of all test results. DOE has
                                                ITI defines rechargeable battery                        from JOME, Delta-Q, NEMA, Schneider                   not collected or received any data to
                                                subsystems as ‘‘rechargeable batteries                  Electric and ITI supporting the proposal              suggest that cycling a lead acid battery
                                                and battery charger systems contained                   of allowing conditioning for lead acid                twice—as is being adopted in this rule—
                                                completely within a larger product that                 batteries prior to testing. (JOME, No. 2,             would significantly increase that
                                                are not capable of providing normal                     p. 3, Delta-Q, No. 11, p. 2, NEMA, No.                battery’s energy capacity. Therefore, in
                                                operation of the parent product when                    13, p. 3, Schneider Electric, No. 12, p.              the absence of such data, DOE also does
                                                AC mains power is removed.’’ ITI                        4, ITI, No. 17, pp. 4–5) However, some                not believe that allowing conditioning
                                                argued these products are functionally                  of these commenters also recommended                  of lead acid batteries needs to be
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                                                different from other battery chargers                   alternative methods for conditioning                  factored into potential energy
                                                covered under this regulation. ITI                      lead acid batteries. JOME requested that              conservation standards (as commented
                                                contends that batteries and battery                     DOE should refrain from mandating two                 by CEC) because its impact on the
                                                charging subsystems cannot be                           conditioning cycles for large lead acid               measured energy consumption is
                                                effectively isolated from the parent                    batteries because of time considerations.             minimal. With regards to the use of float
                                                device for testing and there is no                      (JOME, No. 2, p. 3) Similarly, Delta-Q                chargers for batteries stored for at least
                                                appropriate test procedure to measure                   recommended that DOE should not                       3 months, DOE notes that section 5.3(d)


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                                                31834                 Federal Register / Vol. 81, No. 98 / Friday, May 20, 2016 / Rules and Regulations

                                                of appendix Y to subpart B of 10 CFR                    batteries will continue to be discharged              certification. 80 FR at 46862.
                                                part 430 already contains provisions to                 at the 5-hour (i.e., C/5 or 0.2C) discharge           Specifically, DOE proposed that
                                                fully charge the battery if it has already              rate as prescribed in the current test                certification reports for battery chargers
                                                been conditioned through at least two                   procedure for battery chargers. While a               include represented values for the
                                                cycles, which could include a float                     single discharge rate is not                          measured maintenance mode power
                                                charger to charge the battery. DOE does                 representative of all applications of                 (‘‘Pm’’), the measured standby power
                                                not believe it is necessary to specify in               batteries, the 5-hour discharge rate is               (‘‘Psb’’), the measured off mode power
                                                detail the type of charging used. After                 currently used by all manufacturers of                (‘‘Poff’’), the measured battery discharge
                                                careful consideration of comments from                  battery chargers as part of the Appliance             energy (‘‘EBatt’’), and the measured 24-
                                                all interested stakeholders, DOE is                     Efficiency Regulations for Battery                    hour energy consumption (‘‘E24’’). These
                                                finalizing its proposal to condition lead               Charger Systems by the CEC. See Table                 represented values would then be used,
                                                acid batteries prior to testing by                      D in section III.F of Energy Efficiency               in conjunction with the proposed
                                                applying the provisions for conditioning                Battery Charger System Test Procedure                 equations set forth in the battery
                                                found in section 5.3(c) of appendix Y to                Version 2.2.3 Moreover, usage of a 5-                 chargers energy conservation standards
                                                subpart B of 10 CFR part 430.                           hour discharge rate for all batteries                 NOPR,4 to calculate the unit energy
                                                   DOE also proposed to amend its test                  effectively avoids any variability that               consumption (‘‘UEC’’) for that battery
                                                procedure by providing manufacturers                    would be introduced by allowing                       charger basic model. UEC is designed to
                                                with the option of choosing from a 5-                   manufacturers of certain battery                      represent an annualized amount of non-
                                                hour (‘‘C/5’’ or ‘‘0.2C’’), 10-hour (‘‘C/10’’           chargers to use one of three specified                useful energy consumed by a battery
                                                or ‘‘0.1C’’), or 20-hour (‘‘C/20’’ or                   discharge rates.                                      charger in all modes of operation over
                                                ‘‘.05C’’) discharge rate when testing lead                 Finally, a number of stakeholders                  the course of a year.
                                                acid batteries. DOE’s proposal limited                  highlighted a typographical error in the                 DOE received comments from the
                                                this option to lead acid batteries with an              proposed requirements for conditioning                Joint Commenters, WAHL Clipper, and
                                                energy capacity above 1,000 watt-hours                  lead acid batteries found in section                  PTI/OPEI arguing that individual
                                                (Wh) because a longer discharge cycle                   5.3(c) of appendix Y to subpart B to 10               representations of five measures of
                                                would do little to maximize discharge                   CFR part 430 where it is stated that lead             energy and power (E24, Ebatt, Pm, Psb and
                                                energy for batteries under 1,000 Wh, but                acid batteries should be discharged to                Poff) are unduly burdensome on battery
                                                would have a more significant impact                    50% of the rated voltage instead of to                charger manufacturers and
                                                on maximizing discharge energy for                      50% depth of discharge. 80 FR at 46869.               recommended that DOE require only a
                                                batteries greater than 1,000 Wh. 80 FR                  Delta-Q requested DOE fix this error by               single representation of the UEC metric
                                                at 46861.                                               stating that lead acid batteries should be            in the certification report. (Joint
                                                   JOME, NMMA and Delta-Q provided                      discharged to 50% of rated capacity.                  Commenters, No. 16, p. 4, WAHL
                                                comments supporting the allowance of                    (Delta-Q, No. 11, p. 2) Schneider                     Clipper, No. 18, p. 1, PTI/OPEI, No. 5,
                                                slower discharge rates for large lead acid              Electric, NEMA, and PTI/OPEI                          p. 3) Furthermore, the Joint Commenters
                                                batteries. (JOME, No. 2, p. 3, NMMA,                    requested DOE fix this error by stating               argued that it is easier for manufacturers
                                                No. 9, p. 3, Delta-Q, No. 11, p. 3)                     that lead acid batteries should be                    to make conservative representations in
                                                However, NRDC, et al., CEC and the CA                   discharged to voltage levels provided in              the context of a single energy
                                                IOUs strongly opposed allowing slower                   Table 5.2 of the existing battery charger             consumption metric, as opposed to
                                                discharge rates for large lead acid                     test procedure. (Schneider Electric, No.              conservatively rating five measures of
                                                batteries. (NRDC, et al., No. 20, p. 4,                 12, p. 4, NEMA, No. 13, p. 3, PTI/OPEI,               energy and power. (Joint Commenters,
                                                CEC, No. 8, pp. 4–5, CA IOUs, No. 21,                   No. 14, p. 4)                                         No. 16, p. 3)
                                                p. 4) NRDC, et al. stated that slower                      DOE is resolving this clerical error in               After considering the comments
                                                discharge rates are not representative of               the final rule by stating that all lead acid          submitted by the Joint Commenters,
                                                applications with fast discharge rates,                 batteries be conditioned by discharging               WAHL Clipper, and PTI, DOE agrees
                                                such as golf carts. (NRDC, et al., No. 20,              to the voltage levels already stated in               that it is easier for manufacturers to
                                                p. 4) Similarly, P. R. China claimed that               Table 5.2 of the current test procedure               make conservative representations in
                                                certain practical applications of large                 for battery chargers, which is consistent             the context of an energy consumption
                                                lead acid batteries require higher                      with DOE’s original intention of                      metric, the UEC. Therefore, DOE is
                                                discharge currents and 1-hour, 2-hour                   discharging lead acid batteries to 50%                adopting only the requirement that
                                                and 3-hour discharge rates are more                     depth of discharge during conditioning.               manufacturers develop a UEC rating for
                                                representative of these applications.
                                                                                                        E. Sampling and Certification                         that battery charger basic model
                                                Instead, it recommended using
                                                discharge rates that are representative of              Requirements                                          according to the statistical requirements
                                                their practical application. (P. R. China,                DOE proposed to update 10 CFR                       in 10 CFR 429.39(a), which allows for
                                                No. 5, p. 3) Lastly, NRDC, et al., the CEC              429.39, section (a), ‘‘Determination of               conservative ratings of UEC (in kWh/
                                                and the CA IOUs requested that DOE                      represented value’’, and reserved                     year) that are greater than the higher of
                                                reassess its proposed energy                            section (b), ‘‘Certification Reports,’’ to            the mean or the upper confidence limit
                                                conservation standards for battery                      detail how to apply the sampling plan                 divided by 1.05 for the UECs calculated
                                                chargers if DOE decides to allow slower                 to calculate represented values for each              for each unit in the compliance
                                                discharge rates for large lead acid                     measure of energy consumption, time,                  certification sample.
                                                batteries. (NRDC, et al., No. 20. p. 5,                 and power recorded as part of the                        In addition, in order to calculate the
                                                CEC, No. 8, p. 7, CA IOUs, Pub. Mtg. Tr.,               battery charger test procedure, and                   UEC for a battery charger basic model
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                                                No. 4, p. 64)                                           subsequently report those ratings during              during compliance testing, DOE is
                                                   After careful consideration of                                                                             adding the UEC equations and the
                                                comments submitted by all interested                      3 California Energy Commission. Energy              associated battery charger usage profiles
                                                stakeholders on this issue, DOE is                      Efficiency Battery Charger System Test Procedure,
                                                                                                        (November 2008). Available at: http://                  4 Energy Conservation Standards for Battery
                                                electing not to finalize its proposal of                www.energy.ca.gov/appliances/2008rulemaking/          Chargers and External Power Supplies; Proposed
                                                allowing multiple discharge rates for                   2008-AAER-1B/2008-11-19_BATTERY_CHARGER_              Rule, 77 FR 18478, 18522–24 (Mar. 27, 2012)
                                                large lead acid batteries. Therefore, all               SYSTEM_TEST_PROCEDURE.PDF.                            (March 2012 NOPR).



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                                                                      Federal Register / Vol. 81, No. 98 / Friday, May 20, 2016 / Rules and Regulations                                         31835

                                                proposed in the September 1, 2015                       costs associated with testing. (JOME,                 recommended that DOE classify and
                                                battery charger energy conservation                     No. 2, p. 4) Schneider Electric also                  treat manufacturers of EPSs and test
                                                standards Supplemental Notice of                        provided comments opposing the                        batteries as confidential. (Joint
                                                Proposed Rulemaking (SNOPR) 5 to                        sampling requirements. Schneider                      Commenters, No. 16, p. 4, WAHL
                                                section 5.13 of the battery charger test                Electric argued that because there is no              Clipper, No. 18, p. 1) Similarly, ITI
                                                procedure codified at appendix Y to                     documented case of market surveillance                argued for the exclusion of the
                                                subpart B of 10 CFR part 430. In order                  failure under the CEC efficiency                      manufacturer and model number of the
                                                to develop a UEC rating, a manufacturer                 standards for battery chargers and that               test battery from certification reports
                                                will first need to calculate the UEC for                manufacturers are ultimately                          (ITI, No. 17, pp. 5–6), and Schneider
                                                each unit in the compliance certification               responsible for compliance, DOE should                Electric inquired as to whether DOE can
                                                sample of a battery charger basic model.                allow manufacturers to define their own               hold compliance certification reports of
                                                For example, if a manufacturer sampled                  sampling plans. (Schneider Electric, No.              upcoming models confidential until the
                                                four units of a battery charger basic                   12, p. 5) Similarly, Delta-Q expressed                official launch of these models.
                                                model, it would be required to calculate                concern that although the sampling plan               (Schneider Electric, Pub. Mtg. Tr., No. 4,
                                                the UEC for each of those four units in                 sets the minimum number of samples to                 pp. 93–94).
                                                the sample using the UEC equations in                   be tested per basic model to two units,                  In response to the comments
                                                section 5.13 of appendix Y to subpart B                 the statistical approach of upper and                 submitted by the Joint Commenters,
                                                of 10 CFR part 430, and then apply the                  lower confidence limits would require                 WAHL Clipper and ITI, DOE
                                                statistical requirements in 10 CFR                      more than two units to be tested to                   acknowledges that publically disclosing
                                                429.39(a) in order to develop a rating of               account for variability, which imposes a              the manufacturers and models of test
                                                UEC for that battery charger basic                      cost and time burden on manufacturers.                batteries and external power supplies as
                                                model.                                                  Delta-Q also expressed concern that if                part of the battery charger compliance
                                                   Manufacturers will still be required to              the same flooded lead acid battery is                 certification reports might have a
                                                submit represented values of E24, Ebatt,                used to test all samples of a basic model             negative impact on competition.
                                                Pm, Psb, Poff, and the duration of the                  of a lead acid battery charger, the high              Therefore, DOE is revising the battery
                                                charge and maintenance mode test (tcd)                  cycle-to-cycle variation of the flooded               charger compliance certification
                                                of a battery charger basic model as part                lead acid battery can have a negative                 requirements in 10 CFR 429.39(b) so
                                                of the compliance certification report;                 impact on test results. Delta-Q sought                that the manufacturers and models of
                                                however, these represented values will                  clarification on whether the same                     test batteries and external power
                                                now simply be the arithmetic mean of                    battery would be used to test all samples             supplies are not included in the public
                                                the measured values for each of these                   of a basic model of a battery charger.                disclosures in DOE’s compliance
                                                metrics from the units tested in the                    (Delta-Q, No. 11, p. 3)                               certification database. Other than the
                                                compliance certification sample.                           DOE currently mandates sampling                    manufacturer and model of test
                                                Reporting mean values of E24, Ebatt, Pm,                requirements to improve the statistical               battery(s) and external power supply, all
                                                Psb, Poff, and tcd on the certification                 validity of representations made by                   other product-specific information on a
                                                report will not increase testing burden                 manufacturers and to ensure products                  battery charger compliance certification
                                                on manufacturers, as manufacturers will                 being distributed in commerce actually                report will be public. Further, in
                                                already be using these values to                        meet the applicable standard. Under                   response to the comment submitted by
                                                calculate each unit-specific UEC in                     DOE’s sampling methodology,                           Schneider Electric, DOE clarifies that
                                                order to develop UEC ratings. In                        manufacturers may determine the                       the confidentiality provisions in 10 CFR
                                                addition to there being no additional                   number of samples tested as long as the               429.7 apply to this rulemaking.
                                                testing burden, the reporting burden                    sampling requirements adopted in this                 Manufacturers who want DOE to hold
                                                itself is limited to simply calculating                 final rule are satisfied. To the extent that          compliance certification reports of
                                                averages for the six metrics already                    manufacturers commented that the                      upcoming basic models confidential
                                                measured. Reporting represented values                  sample size is required to be greater                 until the official launch of these basic
                                                of E24, Ebatt, Pm, Psb, Poff and tcd in                 than two units, DOE believes it is                    models should refer to 10 CFR 429.7 for
                                                                                                        appropriate for a manufacturer to test a              guidance regarding confidentiality. DOE
                                                certification reports for battery chargers
                                                                                                        sample of sufficient size to make a                   also emphasizes that the manufacturers
                                                provides DOE with more accurate data
                                                                                                        statistically valid assessment of the                 and models of test batteries and external
                                                on the six measured values of power,
                                                                                                        compliance of the basic model.                        power supplies will not be provided on
                                                energy and time for basic models of
                                                                                                        Therefore, DOE believes that the                      the public CCMS database.
                                                battery chargers. Accordingly, DOE is                                                                            Fourth, during the public meeting
                                                                                                        sampling requirements for certification
                                                revising 10 CFR 429.39(a) to reflect                                                                          held to discuss the August 2015 NOPR,
                                                                                                        of battery chargers stated in 10 CFR
                                                these statistical requirements for                                                                            DOE received numerous comments
                                                                                                        429.39 are appropriate and are not
                                                representing UEC, E24, Ebatt, Pm, Psb, Poff,                                                                  inquiring about circumstances that will
                                                                                                        unduly burdensome. Regarding Delta-
                                                and tcd for battery charger basic models.                                                                     require manufacturers of battery
                                                                                                        Q’s question (i.e., whether the same
                                                   Second, DOE has received stakeholder                                                                       chargers to recertify their basic models.
                                                                                                        battery is used for testing all samples of
                                                comments on the sampling                                                                                      WAHL Clipper inquired on whether
                                                                                                        a basic model), DOE notes that each
                                                requirements that are already part of the                                                                     recertification is necessary if a battery
                                                                                                        manufacturer must determine whether
                                                current test procedure for battery                                                                            manufacturer is changed but battery
                                                                                                        to test all samples of the same battery
                                                chargers. JOME provided comments                                                                              characteristics remain the same. (WAHL
                                                                                                        charger basic model with a single
                                                opposing the sampling requirements on                                                                         Clipper, Pub. Mtg. Tr., No. 4, p. 83)
                                                                                                        battery or with a new battery each time.
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                                                the basis that these requirements                          Third, DOE received comments from                  DELL Inc. asked whether battery charger
                                                increase the number of test units and,                  the Joint Commenters and WAHL                         manufacturers would need to recertify
                                                consequently, increase the time and                     Clipper opposing the reporting of                     their basic models if there is a change
                                                  5 Energy Conservation Standards for Battery
                                                                                                        contract manufacturer names for their                 in battery model or part number due to
                                                Chargers; Supplemental Notice of Proposed
                                                                                                        external power supplies (‘‘EPSs’’) and                minor improvements made by the
                                                Rulemaking, 80 FR 52849, 52932–33 (Sept. 1, 2015)       test batteries in certification reports. The          battery manufacturer. (DELL Inc., Pub.
                                                (September 2015 SNOPR).                                 Joint Commenters and WAHL Clipper                     Mtg. Tr., No. 4, pp. 85–86) STIHL Inc.


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                                                31836                 Federal Register / Vol. 81, No. 98 / Friday, May 20, 2016 / Rules and Regulations

                                                questioned whether basic models of                      without a nameplate, DOE clarifies that               compliance certification, DOE explain
                                                battery chargers require recertification if             manufacturers would still be required to              the exact method of comparison to be
                                                a higher capacity battery that works                    disclose the battery specifications as                used in an additional NOPR and grant
                                                with the battery charger is introduced                  part of the certification report even if              stakeholders an opportunity to comment
                                                into the market. (STIHL Inc., Pub. Mtg.                 the battery does not have a nameplate                 on the exact method of comparison.
                                                Tr., No. 4, p. 120) DELL Inc. further                   with rated values. It is DOE’s                        (iRobot, No. 7, p. 3) Similarly, ITI
                                                inquired whether an entire family of                    understanding that manufacturers of                   argued that DOE should not use
                                                products would need to be recertified if                battery chargers with integrated                      enforcement data to check values that
                                                one product in the family uses a new,                   batteries are aware of the exact battery              do not have limits assigned in the
                                                improved battery. (DELL Inc., Pub. Mtg.                 specifications as these specifications are            applicable energy conservation
                                                Tr., No. 4, p. 120–123)                                 crucial to their product design and                   standards. (ITI, No. 17, p. 5)
                                                   In response to the comments made by                  intended use. DOE has added language                  Additionally, NRDC, et al. expressed
                                                WAHL Clipper, DELL Inc. and STIHL                       in appendix Y to subpart B of 10 CFR                  concern that if DOE were to use
                                                Inc. regarding recertification, DOE notes               part 430 to clarify that if these rated               enforcement data to check
                                                that its existing regulations address                   values are not clearly present on a                   representations of E24, EBatt, Pm, Psb and
                                                when modifications require                              nameplate or the manufacturer is not                  Poff, then manufacturers will be
                                                recertification. A modification to a                    aware of the specifications, then the                 encouraged to report non-typical values
                                                model that increases the model’s energy                 manufacturer must submit measured                     of these measures, which will not be
                                                or water consumption or decreases its                   values. In particular, the manufacturer               representative of reality. (NRDC, et al.,
                                                efficiency resulting in re-rating must be               must measure and report, in place of the              Pub. Mtg. Tr., No. 4, pp. 110–11)
                                                certified as a new basic model. 10 CFR                  rated values, the nominal fully charged                  As discussed in section III.E above,
                                                429.12(e)(1). If the design of the battery              battery voltage of the test battery in volts          battery charger manufacturers will be
                                                charger basic model, including the                      (V), the battery charge capacity of the               required to certify the UEC metric,
                                                battery, has changed in such a way that                 test battery in ampere-hours (Ah) as                  which will be calculated according to
                                                the information certified to DOE would                  measured per this test procedure and                  the primary or secondary equation in
                                                no longer be valid, then the                            the battery energy capacity of the test               section 5.13 of appendix Y to subpart B
                                                manufacturer would be required to test                  battery in watt-hours (Wh) as measured                of 10 CFR part 430, for each battery
                                                and recertify its battery charger basic                 per this test procedure.                              charger basic model, and according to
                                                model. Recertification would not be                       In response to NEMA’s comment                       the statistical requirements at 10 CFR
                                                necessary if changes to the design of the               regarding AEDMs, DOE authorizes the                   429.39(a). Additionally, manufacturers
                                                battery charger result in the UEC                       use of AEDMs for certain covered                      of battery chargers will be required to
                                                remaining below the rated value.                        products that are difficult or expensive              certify values for E24, EBatt, Pm, Psb, Poff
                                                Changes resulting in a new individual                   to test in an effort to reduce the testing            and tcd, each of which is simply the
                                                model in the basic model do not require                 burden faced by manufacturers of                      arithmetic mean of the measured values
                                                additional testing but must be reported                 expensive or highly customized basic                  from the units tested. In light of the
                                                as part of the next annual certification                models. DOE’s analysis has shown that                 discussion in section III.E, DOE’s
                                                report. 10 CFR 429.12(d).                               battery chargers are neither difficult nor            proposal in the August 2015 NOPR to
                                                   Fifth, DOE also received some general                expensive to test. Therefore, DOE is not              add appendix D to 10 CFR part 429
                                                comments regarding the proposed                         including any provisions allowing                     subpart C is no longer necessary. DOE
                                                sampling and certification requirements                 manufacturers to use an AEDM for                      will instead continue to follow the
                                                for battery chargers. PTI inquired if                   compliance certification in this test                 sampling plan for enforcement testing
                                                third-party laboratories are allowed to                 procedure final rule.                                 already stated in appendix A to subpart
                                                file for certification on behalf of                                                                           C of 10 CFR part 429 for battery
                                                manufacturers. (PTI, Pub. Mtg. Tr., No.                 F. Enforcement Testing Sampling Plan
                                                                                                                                                              chargers. In response to comments from
                                                4, pp. 126–27) Schneider Electric asked                   DOE proposed to add appendix D to                   the Joint Commenters and PTI,
                                                for clarification on how to certify in                  subpart C of 10 CFR part 429 to describe              appendix A to subpart C of 10 CFR part
                                                situations where the integrated battery                 the methodology that DOE would use                    429 includes the standard error for the
                                                does not have a nameplate. (Schneider                   when conducting enforcement testing                   measured energy performance.
                                                Electric, Pub. Mtg. Tr., No. 4, pp. 88–89)              for battery chargers. 80 FR at 46868.                    Additionally, PTI inquired whether a
                                                NEMA recommended that DOE clearly                       DOE received comments from the Joint                  value of UEC calculated during
                                                state whether manufacturers can use an                  Commenters and PTI/OPEI inquiring if                  enforcement testing, which is below the
                                                alternate efficiency determination                      DOE had unintentionally left out the                  applicable energy conservation standard
                                                method (‘‘AEDM’’) to certify battery                    standard error of the measured energy                 but above the represented value in a
                                                chargers. (NEMA, No. 13, p. 4)                          performance, as described in appendix                 compliance certification, is a case of
                                                   DOE regulations require                              A to subpart C of 10 CFR part 429. The                noncompliance. (PTI, Pub. Mtg. Tr., No.
                                                ‘‘manufacturers’’ (defined to include                   Joint Commenters and PTI/OPEI both                    4, pp. 81–82) iRobot and Schneider
                                                importers and U.S. manufacturers) of                    argued for the inclusion of the standard              Electric recommended that DOE provide
                                                covered products that are subject to                    error of the measured energy                          manufacturers access to units that fail
                                                energy conservation standards to submit                 performance in the battery charger test               enforcement testing. (iRobot, No. 7, p. 3,
                                                certification reports to DOE. The                       procedure final rule. (Joint Commenters,              Schneider Electric, Pub. Mtg. Tr., No. 4,
                                                regulations also provide, however, that                 No. 16, pp. 4–5, PTI/OPEI, No. 14, p. 3)              p. 109)
                                                a manufacturer may elect to use a third                 iRobot recommended that DOE adopt                        If DOE conducts enforcement testing,
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                                                party to submit the certification report                the proposed enforcement rules and                    appendix A to subpart C of 10 CFR part
                                                to DOE. Nonetheless, the manufacturer                   further recommended that DOE only use                 429 sets forth the method for
                                                is ultimately responsible for submission                enforcement data to establish if a basic              determining whether a basic model
                                                of the certification report to DOE. 10                  model meets the applicable standard.                  complies with the applicable energy
                                                CFR 429.12                                              iRobot requested that, if DOE is                      conservation standard. If, during testing,
                                                   In response to Schneider Electric’s                  planning on using enforcement data to                 DOE finds that the measured UEC is
                                                comment regarding integrated batteries                  check represented values in the                       above the certified value, DOE typically


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                                                                      Federal Register / Vol. 81, No. 98 / Friday, May 20, 2016 / Rules and Regulations                                        31837

                                                investigates the reason for the                         appendix Y to subpart B of 10 CFR part                I. Discharging Lithium Ion Batteries
                                                discrepancy. Depending on the                           430 by adding ‘‘(C)’’ as a unit for C-rate.              DOE received comments from NEMA
                                                circumstances, DOE may seek civil                       DOE believes this will further reduce                 describing the difficulties with
                                                penalties, as knowing misrepresentation                 the possibility of any ambiguity                      discharging lithium ion batteries to the
                                                by a manufacturer by certifying a value                 associated with interpreting the test                 end of the discharge voltages specified
                                                for a covered product in a manner that                  procedure. The revised definition reads               in Table 5.2. NEMA explained that some
                                                is not supported by test data is a                      ‘‘C-rate (C) is the rate of charge or                 batteries have internal protections that
                                                prohibited act. 10 CFR 429.102. Units                   discharge, calculated by dividing the                 prevent batteries from being discharged
                                                provided by the manufacturer for                        charge or discharge current by the rate               to such low levels. NEMA
                                                enforcement testing are returned to the                 charge capacity of the battery.’’                     recommended that DOE allow
                                                manufacturer after the enforcement case                    Lastly, DOE is renaming ‘‘rated                    manufacturers to end discharge tests at
                                                is closed.                                              battery voltage’’, ‘‘rated charge capacity’’          voltages specified by the manufacturer,
                                                   Further, DOE received comments                       and ‘‘rated energy capacity’’, which are              which can be higher than those listed in
                                                from P. R. China requesting that DOE                    defined at sections 2.19, 2.20 and 2.21               Table 5.2. (NEMA, No. 13, p. 4) DOE
                                                clarify the sample size to be used during               of appendix Y to subpart B of 10 CFR                  understands the need for protective
                                                enforcement testing and whether                         part 430, as ‘‘nameplate battery                      circuitry in certain volatile battery
                                                different sample sizes will be used for                 voltage’’, ‘‘nameplate battery charge                 chemistries and has acknowledged the
                                                different manufacturers. (P. R. China,                  capacity’’, and ‘‘nameplate battery                   presence of protective circuitry in
                                                No. 5, p. 3) For enforcement testing of                 energy capacity,’’ respectively,                      section 4.5(e) of the current battery
                                                battery chargers, the initial sample size               throughout the battery charger test                   chargers test procedure, published at
                                                is four units. DOE may test up to 21                    procedure codified at appendix Y to                   appendix Y to subpart B of 10 CFR part
                                                units, in accordance with the provisions                subpart B of 10 CFR part 430. The                     430. In response to the comment from
                                                of appendix A to subpart C of 10 CFR                    revised names will reduce the                         NEMA, DOE is updating Table 5.2 of
                                                part 429.                                               possibility of confusion between                      appendix Y to subpart B of 10 CFR part
                                                                                                        nameplate values and rated values                     430 to further state that if the presence
                                                G. Corrections to Typographical Errors
                                                                                                        submitted by manufacturers as part of                 of protective circuitry in a lithium ion
                                                   In this test procedure final rule, DOE               compliance certification reports.
                                                is updating Table 3.1 of appendix Y to                                                                        battery prevents the battery from being
                                                subpart B of 10 CFR part 430 to correct                 H. Limiting Other Non-Battery-Charger                 discharged to the end of the discharge
                                                cross-reference errors and eliminate a                  Functions                                             voltage specified, then the manufacturer
                                                redundant column. The ‘‘Battery                            DOE received comments from iRobot                  must discharge the battery to the lowest
                                                Discharge Energy’’ item on the second                   recommending specific language                        possible discharge voltage permitted by
                                                line in this table currently references                 changes in the current test procedure for             the protective circuity and report the
                                                section 4.6, when it should instead                     battery chargers. First, iRobot                       end of the discharge voltage on the
                                                reference section 5.8, ‘‘Battery Discharge              recommended that DOE remove the                       certification report.
                                                Energy Test’’. The ‘‘Initial time and                   word ‘‘optional’’ from section 4.4(b) of              IV. Procedural Issues and Regulatory
                                                power (W) of the input current to the                   appendix Y to subpart B of 10 CFR part                Review
                                                connected battery’’ item on the third                   430 to eliminate ambiguity. Second,
                                                line in this table currently references                 iRobot recommended replacing                          A. Review Under Executive Order 12866
                                                section 4.6, when it should instead                     ‘‘manual’’ with ‘‘user-accessible’’ in                   The Office of Management and Budget
                                                reference section 5.6, ‘‘Testing Charge                 section 4.4(d) of appendix Y to subpart               (‘‘OMB’’) has determined that test
                                                Mode and Battery Maintenance Mode.’’                    B of 10 CFR part 430. (iRobot, No. 7, pp.             procedure rulemakings do not constitute
                                                The ‘‘Active and Maintenance Mode                       1–2) DOE notes that the word                          ‘‘significant regulatory actions’’ under
                                                Energy Consumption’’ item on the                        ‘‘optional’’ in section 4.4(b) of the                 section 3(f) of Executive Order 12866,
                                                fourth line in this table currently                     current test procedure highlights that                Regulatory Planning and Review, 58 FR
                                                references section 5.8, when it should                  any additional functionality not                      51735 (Oct. 4, 1993). Accordingly, this
                                                instead reference section 5.6, ‘‘Testing                associated with battery charging should               action was not subject to review under
                                                Charge Mode and Battery Maintenance                     be turned off prior to testing. As a result,          the Executive Order by the Office of
                                                Mode.’’ Therefore, DOE is updating the                  only the battery charging portion of the              Information and Regulatory Affairs
                                                second, third and fourth items in the                   battery charger is measured during                    (‘‘OIRA’’) in OMB.
                                                ‘‘Reference’’ column of Table 3.1 to state              testing. Similarly, while conducting the
                                                ‘‘Section 5.8’’, ‘‘Section 5.6’’ and                    test procedure for battery chargers, a                B. Review Under the Regulatory
                                                ‘‘Section 5.6,’’ respectively.                          technician may have the option of                     Flexibility Act
                                                Additionally, DOE is removing the                       turning off a manual switch that is not                 The Regulatory Flexibility Act (5
                                                current ‘‘Value’’ column from Table 3.1                 user-accessible to limit any optional                 U.S.C. 601 et seq., as amended by the
                                                because the information from this                       functions that are not associated with                Small Business Regulatory Fairness Act
                                                column is being inserted in the column                  the battery charging process. Therefore,              of 1996) requires preparation of a final
                                                labeled ‘‘Name of measured or                           replacing the word ‘‘manual’’ with                    regulatory flexibility analysis for any
                                                calculated value’’ to reduce complexity.                ‘‘user-accessible,’’ as recommended by                rule that by law must be proposed for
                                                DOE is also replacing ‘‘0.2 °C’’ in                     iRobot, would further reduce the                      public comment, unless the agency
                                                section 5.8(c)(2) of appendix Y to                      avenues available to manufacturers to                 certifies that the rule, if promulgated,
                                                subpart B of 10 CFR part 430 with ‘‘0.2                 limit non-battery charger related                     will not have a significant economic
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                                                C’’ to correct a typographical error. The               functions, which would likely result in               impact on a substantial number of small
                                                section covers discharge current during                 DOE receiving a number of test                        entities. As required by Executive Order
                                                a battery discharge energy test and C-                  procedure waiver inquiries. After                     13272, ‘‘Proper Consideration of Small
                                                rate (‘‘C’’) is the correct measurement                 careful consideration, DOE is not                     Entities in Agency Rulemaking,’’ 67 FR
                                                unit for discharge current.                             changing the language recommended by                  53461 (August 16, 2002), DOE
                                                   Additionally, DOE is revising the                    iRobot in section 4.4 of appendix Y to                published procedures and policies on
                                                definition of C-rate in section 2.10 of                 subpart B of 10 CFR part 430.                         February 19, 2003 to ensure that the


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                                                31838                 Federal Register / Vol. 81, No. 98 / Friday, May 20, 2016 / Rules and Regulations

                                                potential impacts of its rules on small                 business would need to purchase a                         manufacturers must test their products
                                                entities are properly considered during                 computer with data acquisition                            according to the applicable DOE test
                                                the DOE rulemaking process. 68 FR                       software, battery analyzer, battery                       procedure, including any amendments
                                                7990. DOE has made its procedures and                   analyzer amplifier, power meter,                          adopted for that test procedure. DOE has
                                                policies available on the Office of the                 interface cable, and single phase AC                      established regulations for the
                                                General Counsel’s Web site: http://                     power source. DOE estimates this                          certification and recordkeeping
                                                energy.gov/gc/office-general-counsel.                   equipment would cost approximately                        requirements for all covered consumer
                                                   This final rule prescribes amendments                $10,000 to $12,000.                                       products and commercial equipment,
                                                to the battery charger test procedure.                     DOE estimated the necessary labor                      and is finalizing specific requirements
                                                These amendments update the battery                     associated with performing the adopted                    for battery chargers in this rule. See 10
                                                selection criteria for multi-voltage,                   test procedure to a single covered
                                                                                                                                                                  CFR part 429, subpart B. The collection-
                                                multi-capacity battery chargers,                        battery charger. DOE estimates that it
                                                                                                                                                                  of-information requirement for the
                                                harmonize the instrumentation                           would likely take between 80 and 115
                                                resolution and uncertainty requirements                 hours to perform the test procedure on                    certification and recordkeeping is
                                                with the second edition of the IEC                      a single model. To get the labor rate of                  subject to review and approval by OMB
                                                62301 standard for measuring standby                    an employee to perform these test DOE                     under the Paperwork Reduction Act
                                                power, define and exclude back-up                       used the median hourly wage of an                         (PRA). This requirement has been
                                                battery chargers from the testing                       electrical technician, $28.76.6 DOE                       approved by OMB under OMB control
                                                requirements of this rulemaking, outline                adjusted the hourly wage by 23 percent 7                  number 1910–1400. This information
                                                provisions for conditioning lead acid                   to account for the total fringe benefits,                 collection was renewed in January 2015
                                                batteries, specify sampling and                         resulting in an estimated total hourly                    to include certification requirements for
                                                certification requirements for                          rate of $35.37. Therefore, DOE estimates                  battery chargers. 80 FR 5099 (January
                                                compliance with future energy                           a total labor burden of between $2,830                    30, 2015). Public reporting burden for
                                                conservation standards, detail an                       and $4,068 to test for each covered                       the certification is estimated to average
                                                enforcement testing sampling plan for                   product.                                                  30 hours per respondent per year,
                                                battery chargers, and correct                              DOE estimates that the one small                       including the time for reviewing
                                                typographical errors in the current test                businesses will need to test 41 models                    instructions, searching existing data
                                                procedure.                                              to comply with the adopted battery                        sources, gathering and maintaining the
                                                   DOE reviewed this final rule under                   charger test procedure. This means the                    data needed, and completing and
                                                the provisions of the Regulatory                        small business’ total labor burden                        reviewing the collection of information.
                                                Flexibility Act and DOE’s own                           would be between $116,030 and
                                                procedures and policies published on                                                                                Notwithstanding any other provision
                                                                                                        $166,788 to test all their covered battery
                                                February 19, 2003. DOE has concluded                                                                              of the law, no person is required to
                                                                                                        chargers to the adopted test procedure.
                                                that this final rule will not have a                    Therefore, DOE’s total testing burden,                    respond to, nor shall any person be
                                                significant impact on a substantial                     labor burden and testing equipment, is                    subject to a penalty for failure to comply
                                                number of small entities. The factual                   estimated at between $126,030 and                         with, a collection of information subject
                                                basis for this certification is as follows.             $178,788.                                                 to the requirements of the PRA, unless
                                                   The Small Business Administration                       Therefore, DOE certifies that this rule                that collection of information displays a
                                                (‘‘SBA’’) considers a business entity to                will not have a significant economic                      currently valid OMB Control Number.
                                                be a small business, if, together with its              impact on a substantial number of small                   D. Review Under the National
                                                affiliates, it employs less than a                      entities. DOE has submitted a
                                                threshold number of workers specified                                                                             Environmental Policy Act of 1969
                                                                                                        certification and supporting statement
                                                in 13 CFR part 121. These size standards                of factual basis to the Chief Counsel for                   In this final rule, DOE amends its test
                                                and codes are established by the North                  Advocacy of the Small Business                            procedure for battery chargers, which
                                                American Industry Classification                        Administration for review under 5                         will likely be used to develop and
                                                System (‘‘NAICS’’). The threshold                       U.S.C. 605(b).                                            implement future energy conservation
                                                number for NAICS classification code                                                                              standards for battery chargers. DOE has
                                                335999, which applies to ‘‘All Other                    C. Review Under the Paperwork
                                                                                                        Reduction Act of 1995                                     determined that this rule falls into a
                                                Miscellaneous Electrical Equipment and                                                                            class of actions that are categorically
                                                Component Manufacturing,’’ and                            If DOE adopts the energy conservation
                                                                                                                                                                  excluded from review under the
                                                includes battery chargers, is 500                       standards proposed in the September 1,
                                                                                                                                                                  National Environmental Policy Act of
                                                employees.                                              2016, battery chargers energy
                                                   As discussed in the March 2012                                                                                 1969 (42 U.S.C. 4321 et seq.) and DOE’s
                                                                                                        conservation standards Supplemental
                                                NOPR for battery charger energy                                                                                   implementing regulations at 10 CFR part
                                                                                                        Notice of Proposed Rulemaking
                                                conservation standards (77 FR 18478),                   (SNOPR), manufacturers of battery                         1021. Specifically, this final rule
                                                DOE identified one battery charger                      chargers will be required to certify that                 amends the existing test procedure
                                                original device manufacturer that was a                 their products comply with those                          without affecting the amount, quality or
                                                small business with domestic                            standards. In certifying compliance,                      distribution of energy usage, and,
                                                manufacturing. Based on manufacturer                                                                              therefore, would not result in any
                                                interviews and DOE’s research, DOE                        6 Taken from the Bureau of Labor Statistics’            environment impacts. Thus, this
                                                believes that almost all battery charger                Occupational Employment and Wages, May 2014               rulemaking is covered by Categorical
                                                manufacturing takes place abroad.                       (17–3023 Electrical and Electronics Engineering           Exclusion A5 under 10 CFR part 1021,
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                                                                                                        Technicians). http://www.bls.gov/oes/current/
                                                   DOE estimates that this one small                    oes173023.htm.
                                                                                                                                                                  subpart D, which applies to any
                                                business may have to purchase testing                     7 This is based on the ratio of total fringe benefits   rulemaking that interprets or amends an
                                                equipment and have employees perform                    compared to the annual payroll taken from the 2014        existing rule without changing the
                                                tests on covered battery chargers in                    Annual Survey of Manufacturers for NAICS code             environmental effect of that rule.
                                                                                                        335999. http://factfinder.census.gov/faces/               Accordingly, neither an environmental
                                                order to comply with test procedures                    tableservices/jsf/pages/
                                                required from the adopted test                          productview.xhtml?pid=ASM_2014_                           assessment nor an environmental
                                                procedure. DOE estimates a small                        31GS101&prodType=table.                                   impact statement is required.


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                                                                      Federal Register / Vol. 81, No. 98 / Friday, May 20, 2016 / Rules and Regulations                                         31839

                                                E. Review Under Executive Order 13132                   other important issues affecting clarity              that may affect family well-being. This
                                                   Executive Order 13132, ‘‘Federalism,’’               and general draftsmanship under any                   final rule will not have any impact on
                                                64 FR 43255 (August 4, 1999), imposes                   guidelines issued by the Attorney                     the autonomy or integrity of the family
                                                certain requirements on agencies                        General. Section 3(c) of Executive Order              as an institution. Accordingly, DOE has
                                                formulating and implementing policies                   12988 requires Executive agencies to                  concluded that it is not necessary to
                                                or regulations that preempt State law or                review regulations in light of applicable             prepare a Family Policymaking
                                                that have Federalism implications. The                  standards in sections 3(a) and 3(b) to                Assessment.
                                                Executive Order requires agencies to                    determine whether they are met or it is
                                                                                                                                                              I. Review Under Executive Order 12630
                                                examine the constitutional and statutory                unreasonable to meet one or more of
                                                                                                        them. DOE has completed the required                     DOE has determined, under Executive
                                                authority supporting any action that                                                                          Order 12630, ‘‘Governmental Actions
                                                                                                        review and determined that, to the
                                                would limit the policymaking discretion                                                                       and Interference with Constitutionally
                                                                                                        extent permitted by law, this final rule
                                                of the States and to carefully assess the                                                                     Protected Property Rights,’’ 53 FR 8859
                                                                                                        meets the relevant standards of
                                                necessity for such actions. The                                                                               (March 18, 1988), that this regulation
                                                                                                        Executive Order 12988.
                                                Executive Order also requires agencies                                                                        will not result in any takings that might
                                                to have an accountable process to                       G. Review Under the Unfunded                          require compensation under the Fifth
                                                ensure meaningful and timely input by                   Mandates Reform Act of 1995                           Amendment to the U.S. Constitution.
                                                State and local officials in the                          Title II of the Unfunded Mandates
                                                development of regulatory policies that                                                                       J. Review Under Treasury and General
                                                                                                        Reform Act of 1995 (UMRA) requires
                                                have Federalism implications. On                                                                              Government Appropriations Act, 2001
                                                                                                        each Federal agency to assess the effects
                                                March 14, 2000, DOE published a                         of Federal regulatory actions on State,                  Section 515 of the Treasury and
                                                statement of policy describing the                      local, and Tribal governments and the                 General Government Appropriations
                                                intergovernmental consultation process                  private sector. Public Law 104–4, sec.                Act, 2001 (44 U.S.C. 3516 note) provides
                                                it will follow in the development of                    201 (codified at 2 U.S.C. 1531). For a                for agencies to review most
                                                such regulations. 65 FR 13735. DOE                      regulatory action resulting in a rule that            disseminations of information to the
                                                examined this final rule and determined                 may cause the expenditure by State,                   public under guidelines established by
                                                that it will not have a substantial direct              local, and Tribal governments, in the                 each agency pursuant to general
                                                effect on the States, on the relationship               aggregate, or by the private sector of                guidelines issued by OMB. OMB’s
                                                between the national government and                     $100 million or more in any one year                  guidelines were published at 67 FR
                                                the States, or on the distribution of                   (adjusted annually for inflation), section            8452 (Feb. 22, 2002), and DOE’s
                                                power and responsibilities among the                    202 of UMRA requires a Federal agency                 guidelines were published at 67 FR
                                                various levels of government. EPCA                      to publish a written statement that                   62446 (Oct. 7, 2002). DOE has reviewed
                                                governs and prescribes Federal                          estimates the resulting costs, benefits,              this final rule under the OMB and DOE
                                                preemption of State regulations as to                   and other effects on the national                     guidelines and has concluded that it is
                                                energy conservation for the products                    economy. (2 U.S.C. 1532(a), (b)) The                  consistent with applicable policies in
                                                that are the subject of this final rule.                UMRA also requires a Federal agency to                those guidelines.
                                                States can petition DOE for exemption                   develop an effective process to permit
                                                from such preemption to the extent, and                                                                       K. Review Under Executive Order 13211
                                                                                                        timely input by elected officers of State,
                                                based on criteria, set forth in EPCA. (42               local, and Tribal governments on a                       Executive Order 13211, ‘‘Actions
                                                U.S.C. 6297(d)) No further action is                    proposed ‘‘significant intergovernmental              Concerning Regulations That
                                                required by Executive Order 13132.                      mandate,’’ and requires an agency plan                Significantly Affect Energy Supply,
                                                                                                        for giving notice and opportunity for                 Distribution, or Use,’’ 66 FR 28355 (May
                                                F. Review Under Executive Order 12988                                                                         22, 2001), requires Federal agencies to
                                                                                                        timely input to potentially affected
                                                   Regarding the review of existing                     small governments before establishing                 prepare and submit to OMB, a
                                                regulations and the promulgation of                     any requirements that might                           Statement of Energy Effects for any
                                                new regulations, section 3(a) of                        significantly or uniquely affect small                significant energy action. A ‘‘significant
                                                Executive Order 12988, ‘‘Civil Justice                  governments. On March 18, 1997, DOE                   energy action’’ is defined as any action
                                                Reform,’’ 61 FR 4729 (Feb. 7, 1996),                    published a statement of policy on its                by an agency that promulgated or is
                                                imposes on Federal agencies the general                 process for intergovernmental                         expected to lead to promulgation of a
                                                duty to adhere to the following                         consultation under UMRA. 62 FR                        final rule, and that: (1) Is a significant
                                                requirements: (1) Eliminate drafting                    12820. (This policy is also available at              regulatory action under Executive Order
                                                errors and ambiguity; (2) write                         http://energy.gov/gc/office-general-                  12866, or any successor order; and (2)
                                                regulations to minimize litigation; (3)                 counsel). DOE examined this final rule                is likely to have a significant adverse
                                                provide a clear legal standard for                      according to UMRA and its statement of                effect on the supply, distribution, or use
                                                affected conduct rather than a general                  policy and determined that the rule                   of energy; or (3) is designated by the
                                                standard; and (4) promote simplification                contains neither an intergovernmental                 Administrator of OIRA as a significant
                                                and burden reduction. Section 3(b) of                   mandate, nor a mandate that may result                energy action. For any proposed
                                                Executive Order 12988 specifically                      in the expenditure of $100 million or                 significant energy action, the agency
                                                requires that Executive agencies make                   more in any year, so these requirements               must give a detailed statement of any
                                                every reasonable effort to ensure that the              do not apply.                                         adverse effects on energy supply,
                                                regulation: (1) Clearly specifies the                                                                         distribution, or use if the action is
                                                preemptive effect, if any; (2) clearly                  H. Review Under the Treasury and                      implemented, and of reasonable
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                                                specifies any effect on existing Federal                General Government Appropriations                     alternatives to the action and their
                                                law or regulation; (3) provides a clear                 Act, 1999                                             expected benefits on energy supply,
                                                legal standard for affected conduct                       Section 654 of the Treasury and                     distribution, and use.
                                                while promoting simplification and                      General Government Appropriations                        This regulatory action is not a
                                                burden reduction; (4) specifies the                     Act, 1999 (Pub. L. 105–277) requires                  significant regulatory action under
                                                retroactive effect, if any; (5) adequately              Federal agencies to issue a Family                    Executive Order 12866. Moreover, it
                                                defines key terms; and (6) addresses                    Policymaking Assessment for any rule                  would not have a significant adverse


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                                                31840                 Federal Register / Vol. 81, No. 98 / Friday, May 20, 2016 / Rules and Regulations

                                                effect on the supply, distribution, or use              1, 2011. 76 FR 31750. The IEC                             Authority: 42 U.S.C. 6291–6317.
                                                of energy, nor has it been designated as                published Edition 2.0 of IEC 62301 in
                                                a significant energy action by the                      January 2011, which is available from                 ■   2. Revise § 429.39 to read as follows:
                                                Administrator of OIRA. Therefore, it is                 the American National Standards                       § 429.39   Battery chargers.
                                                not a significant energy action, and,                   Institute, 25 W. 43rd Street, 4th Floor,
                                                accordingly, DOE has not prepared a                     New York, NY 10036 or at http://                        (a) Determination of represented
                                                Statement of Energy Effects.                            webstore.ansi.org/. This revised version              values. Manufacturers must determine
                                                                                                        of the testing standard refined the test              represented values, which include
                                                L. Review Under Section 32 of the
                                                                                                        equipment specifications, measuring                   certified ratings, for each basic model of
                                                Federal Energy Administration Act of
                                                                                                        techniques, and uncertainty                           battery charger in accordance with the
                                                1974
                                                                                                        determination to improve the method                   following sampling provisions.
                                                   Under section 301 of the Department                  for measuring loads with high crest
                                                of Energy Organization Act (Pub. L. 95–                                                                         (1) Represented values include: the
                                                                                                        factors and/or low power factors, such
                                                91; 42 U.S.C. 7101), DOE must comply                                                                          unit energy consumption (UEC) in
                                                                                                        as the low power modes typical of
                                                with section 32 of the Federal Energy                   battery chargers operating in standby                 kilowatt-hours per year (kWh/yr),
                                                Administration Act of 1974, as amended                  mode. These provisions were contained                 battery discharge energy (Ebatt) in watt-
                                                by the Federal Energy Administration                    in section 4 of IEC 62301, with                       hours (Wh), 24-hour energy
                                                Authorization Act of 1977. (15 U.S.C.                   informative guidance provided in                      consumption (E24) in watt-hours (Wh),
                                                788; FEAA) Section 32 essentially                       Annex B and Annex D on measuring                      maintenance mode power (Pm) in watts
                                                provides in relevant part that, where a                 low power modes and determining                       (W), standby mode power (Psb) in watts
                                                proposed rule authorizes or requires use                measurement uncertainty. DOE has                      (W), off mode power (Poff) in watts (W),
                                                of commercial standards, the notice of                  already incorporated by reference                     and duration of the charge and
                                                proposed rulemaking must inform the                     Edition 2.0 of IEC 62301 in 10 CFR part               maintenance mode test (tcd) in hours
                                                public of the use and background of                     430 for use with other test procedures,               (hrs).
                                                such standards. In addition, section                    and is now incorporating by reference                   (2) Units to be tested. (i) The general
                                                32(c) requires DOE to consult with the                  Edition 2.0 in appendix Y as well.
                                                Attorney General and the Chairman of                                                                          requirements of § 429.11 are applicable
                                                the Federal Trade Commission (‘‘FTC’’)                  V. Approval of the Office of the                      to battery chargers; and
                                                concerning the impact of the                            Secretary                                               (ii) For each basic model, a sample of
                                                commercial or industry standards on                       The Secretary of Energy has approved                sufficient size shall be randomly
                                                competition.                                            publication of this final rule.                       selected and tested to ensure that the
                                                   The final rule incorporates testing                                                                        represented value of UEC is greater than
                                                methods contained in the following                      List of Subjects
                                                                                                                                                              or equal to the higher of:
                                                commercial standards: IEC Standard                      10 CFR Part 429
                                                62301 ‘‘Household electrical                                                                                      (A) The mean of the sample, where:
                                                                                                          Confidential business information,
                                                appliances—Measurement of standby
                                                                                                        Energy conservation, Household
                                                power.’’ DOE has evaluated these testing
                                                                                                        appliances, Imports, Reporting and
                                                standards and believes that the IEC
                                                standard complies with the                              recordkeeping requirements.
                                                requirements of section 32(b) of the                    10 CFR Part 430                                       and, x̄ is the sample mean; n is the number
                                                Federal Energy Administration Act (i.e.,                  Administrative practice and                         of samples; and xi is the UEC of the ith
                                                that they were developed in a manner                    procedure, Confidential business                      sample or,
                                                that fully provides for public                          information, Energy conservation,                       (B) The upper 97.5-percent confidence
                                                participation, comment, and review).                    Household appliances, Imports,                        limit (UCL) of the true mean divided by 1.05,
                                                DOE has, however, consulted with the                    Incorporation by reference,                           where:
                                                Attorney General and the Chairwoman                     Intergovernmental relations, Small
                                                of FTC concerning the effect on                         businesses.
                                                competition of requiring manufacturers
                                                to use the test method in this standard.                  Issued in Washington, DC, on May 6, 2016.
                                                                                                        Kathleen B. Hogan,                                    and x̄ is the sample mean; s is the sample
                                                M. Congressional Notification                           Deputy Assistant Secretary for Energy                 standard deviation; n is the number of
                                                  As required by 5 U.S.C. 801, DOE will                 Efficiency, Energy Efficiency and Renewable           samples; and t0.975 is the t-statistic for a 97.5-
                                                report to Congress on the promulgation                  Energy.                                               percent one-tailed confidence interval with
                                                of this rule before its effective date. The               For the reasons stated in the                       n-1 degrees of freedom (from appendix A of
                                                report will state that it has been                      preamble, DOE is amending parts 429                   this subpart).
                                                determined that the rule is not a ‘‘major               and 430 of chapter II of title 10, Code
                                                rule’’ as defined by 5 U.S.C. 804(2).                   of Federal Regulations as set forth                      (3) Using the sample from paragraph
                                                                                                        below:                                                (a)(2) of this section, calculate the
                                                N. Description of Material Incorporated
                                                                                                                                                              represented values of each metric (i.e.,
                                                by Reference
                                                                                                        PART 429—CERTIFICATION,                               maintenance mode power (Pm), standby
                                                  DOE previously adopted                                COMPLIANCE, AND ENFORCEMENT                           power (Psb), off mode power (Poff),
                                                instrumentation resolution and                          FOR CONSUMER PRODUCTS AND                             battery discharge energy (EBatt), 24-hour
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                                                measurement uncertainty requirements                    COMMERCIAL AND INDUSTRIAL                             energy consumption (E24), and duration
                                                for testing battery chargers identical to               EQUIPMENT                                             of the charge and maintenance mode
                                                                                                                                                                                                                   ER20MY16.161</GPH>




                                                those in the IEC 62301 standard and                                                                           test (tcd)), where:
                                                codified these requirements at 10 CFR                   ■ 1. The authority citation for part 429
                                                part 430, subpart B, Appendix Y on June                 continues to read as follows:
                                                                                                                                                                                                                   ER20MY16.160</GPH>




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                                                                      Federal Register / Vol. 81, No. 98 / Friday, May 20, 2016 / Rules and Regulations                                           31841




                                                and, is x is the metric, the sample mean;               and heat pumps; commercial packaged                     (7) When DOE makes a determination
                                                n is the number of samples; and xi is the               boilers; commercial warm air furnaces;                in accordance with paragraph (e)(6) to
                                                measured value of the ith sample for the                and commercial water heating                          test less than the number of units
                                                metric x.                                               equipment, DOE will use an initial                    specified in paragraphs (e)(1) through
                                                   (b) Certification reports. (1) The                   sample size of not more than four units               (5) of this section, DOE will base the
                                                requirements of § 429.12 are applicable                 and follow the sampling plans in                      compliance determination on the results
                                                to battery chargers.                                    appendix B of this subpart (Sampling                  of such testing in accordance with
                                                   (2) Pursuant to § 429.12(b)(13), a                   Plan for Enforcement Testing of Covered               appendix B of this subpart (Sampling
                                                certification report must include the                   Equipment and Certain Low-Volume                      Plan for Enforcement Testing of Covered
                                                following product-specific information:                 Covered Products).                                    Equipment and Certain Low-Volume
                                                The nameplate battery voltage of the test                  (3) If fewer than four units of a basic            Covered Products) using a sample size
                                                battery in volts (V), the nameplate                     model are available for testing (under                (n1) equal to the number of units tested.
                                                battery charge capacity of the test                     paragraphs (e)(1) or (2) of this section)               (8) For the purposes of this section,
                                                battery in ampere-hours (Ah), and the                   when the manufacturer receives the                    available units are those that are
                                                nameplate battery energy capacity of the                notice, then:                                         available for distribution in commerce
                                                test battery in watt-hours (Wh). A                         (i) DOE will test the available unit(s);           within the United States.
                                                certification report must also include                  or
                                                the represented values, as determined in                   (ii) If one or more other units of the             PART 430—ENERGY CONSERVATION
                                                paragraph (a) of this section for the                   basic model are expected to become                    PROGRAM FOR CONSUMER
                                                maintenance mode power (Pm), standby                    available within 30 calendar days, DOE                PRODUCTS
                                                mode power (Psb), off mode power (Poff),                may instead, at its discretion, test either:
                                                battery discharge energy (Ebatt), 24-hour                                                                     ■ 4. The authority citation for part 430
                                                                                                           (A) The available unit(s) and one or               continues to read as follows:
                                                energy consumption (E24), duration of                   more of the other units that
                                                the charge and maintenance mode test                    subsequently become available (up to a                  Authority: 42 U.S.C. 6291–6309; 28 U.S.C.
                                                (tcd), and unit energy consumption                                                                            2461 note.
                                                                                                        maximum of four); or
                                                (UEC).                                                     (B) Up to four of the other units that             ■ 5. In § 430.2 add in alphabetical order
                                                   (3) Pursuant to § 429.12(b)(13), a                   subsequently become available.                        the definition of ‘‘Back-up battery
                                                certification report must include the                                                                         charger’’ to read as follows:
                                                                                                           (4) For distribution transformers, DOE
                                                following product-specific information:
                                                                                                        will use an initial sample size of not                § 430.2    Definitions.
                                                The manufacturer and model of the test
                                                                                                        more than five units and follow the
                                                battery, and the manufacturer and                                                                             *     *     *    *     *
                                                                                                        sampling plans in appendix C of this
                                                model, when applicable, of the external                                                                         Back-up battery charger means a
                                                                                                        subpart (Sampling Plan for Enforcement
                                                power supply.                                                                                                 battery charger excluding UPSs:
                                                                                                        Testing of Distribution Transformers). If               (1) That is embedded in a separate
                                                ■ 3. Revise paragraph (e) of § 429.110 to               fewer than five units of a basic model
                                                read as follows:                                                                                              end-use product that is designed to
                                                                                                        are available for testing when the                    continuously operate using mains
                                                § 429.110   Enforcement testing.                        manufacturer receives the test notice,                power (including end-use products that
                                                *      *     *     *    *                               then:                                                 use external power supplies); and
                                                   (e) Basic model compliance. DOE will                    (i) DOE will test the available unit(s);             (2) Whose sole purpose is to recharge
                                                evaluate whether a basic model                          or                                                    a battery used to maintain continuity of
                                                complies with the applicable energy                        (ii) If one or more other units of the             power in order to provide normal or
                                                conservation standard(s) based on                       basic model are expected to become                    partial operation of a product in case of
                                                testing conducted in accordance with                    available within 30 calendar days, DOE                input power failure.
                                                the applicable test procedures specified                may instead, at its discretion, test either:
                                                                                                                                                              *     *     *    *     *
                                                in parts 430 and 431 of this chapter, and                  (A) The available unit(s) and one or
                                                with the following statistical sampling                 more of the other units that                          § 430.3    [Amended]
                                                procedures:                                             subsequently become available (up to a                ■ 6. In § 430.3, paragraph (p)(5) is
                                                   (1) For products with applicable                     maximum of five); or                                  amended by removing ‘‘and Z of subpart
                                                energy conservation standard(s) in                         (B) Up to five of the other units that             B’’ and adding in its place ‘‘, Y, and Z
                                                § 430.32 of this chapter, and commercial                subsequently become available.                        of subpart B’’.
                                                prerinse spray valves, illuminated exit                    (5) For pumps, DOE will use an initial
                                                                                                                                                              ■ 7. In § 430.23, revise paragraph (aa) to
                                                signs, traffic signal modules and                       sample size of not more than four units
                                                                                                                                                              read as follows:
                                                pedestrian modules, commercial clothes                  and will determine compliance based
                                                washers, and metal halide lamp ballasts,                on the arithmetic mean of the sample.                 § 430.23 Test procedures for the
                                                DOE will use a sample size of not more                     (6) Notwithstanding paragraphs (e)(1)              measurement of energy and water
                                                than 21 units and follow the sampling                   through (5) of this section, if testing of            consumption.
                                                plans in appendix A of this subpart                     the available or subsequently available               *     *     *     *     *
                                                (Sampling for Enforcement Testing of                    units of a basic model would be                         (aa) Battery Chargers. (1) Measure the
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                                                Covered Consumer Products and Certain                   impractical, as for example when a basic              maintenance mode power, standby
                                                High-Volume Commercial Equipment).                      model has unusual testing requirements                power, off mode power, battery
                                                   (2) For automatic commercial ice                     or has limited production, DOE may in                 discharge energy, 24-hour energy
                                                makers; commercial refrigerators,                       its discretion decide to base the                     consumption and measured duration of
                                                freezers, and refrigerator-freezers;                    determination of compliance on the                    the charge and maintenance mode test
                                                refrigerated bottled or canned vending                  testing of fewer than the otherwise                   for a battery charger in accordance with
                                                                                                                                                                                                            ER20MY16.162</GPH>




                                                machines; commercial air conditioners                   required number of units.                             appendix Y to this subpart.


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                                                31842                 Federal Register / Vol. 81, No. 98 / Friday, May 20, 2016 / Rules and Regulations

                                                  (2) Calculate the unit energy                         A multi-voltage charger can also be a                     TABLE 3.1—LIST OF MEASURED OR
                                                consumption of a battery charger in                     multi-port charger if it can charge two                   CALCULATED VALUES—Continued
                                                accordance with appendix Y to this                      or more batteries simultaneously with
                                                subpart.                                                independent voltages and/or current                       Name of measured or cal-     Reference
                                                *     *      *    *     *                               regulation.                                                    culated value
                                                ■ 8. Appendix Y to Subpart B of Part                    *      *     *      *     *
                                                                                                                                                              7. Standby Mode Power, Psb     Section 5.11.
                                                430 is amended by:                                         2.19. Nameplate battery voltage is
                                                                                                                                                                (W).
                                                ■ a. Revising the introductory text to                  specified by the battery manufacturer                 8. Off Mode Power, Poff (W)    Section 5.12.
                                                appendix Y;                                             and typically printed on the label of the             9. Unit Energy Consumption,    Section 5.13.
                                                ■ b. Revising section 1, Scope;                         battery itself. If there are multiple                   UEC (kWh/yr).
                                                ■ c. Revising sections 2.10, 2.17, 2.19,                batteries that are connected in series,
                                                2.20 and 2.21;                                          the nameplate battery voltage of the                     3.2. Verifying Accuracy and Precision
                                                ■ d. Revising Table 3.1 and section 3.2;                batteries is the total voltage of the series          of Measuring Equipment
                                                ■ e. Revising the undesignated center                   configuration—that is, the nameplate
                                                                                                                                                                 Any power measurement equipment
                                                heading directly above section 4.1.                     voltage of each battery multiplied by the
                                                                                                        number of batteries connected in series.              utilized for testing must conform to the
                                                General Setup;                                                                                                uncertainty and resolution requirements
                                                ■ f. Revising sections 4.3.b. and 4.3c.                 Connecting multiple batteries in parallel
                                                                                                        does not affect the nameplate battery                 outlined in section 4, ‘‘General
                                                and Table 4.1;                                                                                                conditions for measurements’’, as well
                                                ■ g. Revising sections 5.1, 5.3.a., 5.3.d.,             voltage.
                                                                                                           2.20. Nameplate battery charge                     as annexes B, ‘‘Notes on the
                                                5.8.c.(2), and Table 5.2; and                                                                                 measurement of low power modes’’, and
                                                ■ h. Adding a new section 5.13, Unit                    capacity is the capacity, claimed by the
                                                                                                        battery manufacturer on a label or in                 D, ‘‘Determination of uncertainty of
                                                Energy Consumption Calculation.
                                                                                                        instructions, that the battery can store,             measurement’’, of IEC 62301
                                                  The revisions and additions read as
                                                                                                        usually given in ampere-hours (Ah) or                 (incorporated by reference, see § 430.3).
                                                follows:
                                                                                                        milliampere-hours (mAh) and typically                 *      *     *    *    *
                                                Appendix Y to Subpart B of Part 430—                    printed on the label of the battery itself.
                                                Uniform Test Method for Measuring the                                                                         4. Unit Under Test Setup Requirements
                                                                                                        If there are multiple batteries that are
                                                Energy Consumption of Battery                           connected in parallel, the nameplate                  *     *       *    *     *
                                                Chargers                                                battery charge capacity of the batteries                4.3. * * *
                                                  Prior to November 16, 2016,                           is the total charge capacity of the                     b. From the detachable batteries
                                                manufacturers must make any                             parallel configuration, that is, the                  specified above, use Table 4.1 to select
                                                representations regarding the energy                    nameplate charge capacity of each                     the batteries to be used for testing,
                                                consumption of battery chargers based                   battery multiplied by the number of                   depending on the type of battery charger
                                                upon results generated under this                       batteries connected in parallel.                      being tested. The battery charger types
                                                appendix or the previous version of this                Connecting multiple batteries in series               represented by the rows in the table are
                                                appendix as it appeared in the Code of                  does not affect the nameplate charge                  mutually exclusive. Find the single
                                                Federal Regulations on January 1, 2016.                 capacity.                                             applicable row for the UUT, and test
                                                On or after November 16, 2016,                             2.21. Nameplate battery energy                     according to those requirements. Select
                                                manufacturers must make any                             capacity means the product (in watts-                 only the single battery configuration
                                                representations regarding the energy                    hours (Wh)) of the nameplate battery                  specified for the battery charger type in
                                                consumption of battery chargers based                   voltage and the nameplate battery                     Table 4.1.
                                                upon results generated under this                       charge capacity.
                                                                                                                                                                If the battery selection criteria
                                                appendix.                                               *      *     *      *     *                           specified in Table 4.1 results in two or
                                                                                                           3. * * *
                                                1. Scope                                                                                                      more batteries or configurations of
                                                                                                        *      *     *      *     *                           batteries of different chemistries, but
                                                  This appendix provides the test                                                                             with equal voltage and capacity ratings,
                                                requirements used to measure the                          TABLE 3.1—LIST OF MEASURED OR                       determine the maintenance mode
                                                energy consumption for battery chargers                         CALCULATED VALUES                             power, as specified in section 5.9, for
                                                operating at either DC or United States                                                                       each of the batteries or configurations of
                                                AC line voltage (115V at 60Hz). This                     Name of measured or cal-                             batteries, and select for testing the
                                                                                                                                                 Reference
                                                appendix does not provide a method for                        culated value
                                                                                                                                                              battery or configuration of batteries with
                                                testing back-up battery chargers or                                                                           the highest maintenance mode power.
                                                                                                        1. Duration of the charge and       Section 5.2.
                                                uninterruptable power supplies.
                                                  2. * * *
                                                                                                          maintenance mode test, tcd                            c. A charger is considered as:
                                                                                                          (hrs).                                                (1) Single-capacity if all associated
                                                  2.10. C-Rate (C) is the rate of charge                2. Battery Discharge Energy,        Section 5.8.
                                                or discharge, calculated by dividing the                  EBatt (Wh).
                                                                                                                                                              batteries have the same nameplate
                                                charge or discharge current by the                      3. Initial time and power (W)       Section 5.6.      battery charge capacity (see definition)
                                                nameplate battery charge capacity of the                  of the input current of con-                        and, if it is a batch charger, all
                                                battery.                                                  nected battery (A).                                 configurations of the batteries have the
                                                *     *      *     *     *                              4. Active and Maintenance           Section 5.6.      same nameplate battery charge capacity.
                                                                                                          Mode Energy Consumption                               (2) Multi-capacity if there are
                                                  2.17. Multi-voltage charger is a battery                (W, hrs).                                           associated batteries or configurations of
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                                                charger that, by design, can charge a                   5. Maintenance Mode Power,          Section 5.9.
                                                variety of batteries (or batches of                       Pm (W).
                                                                                                                                                              batteries that have different nameplate
                                                batteries, if also a batch charger) that are            6. 24 Hour Energy Consump-          Section 5.10.     battery charge capacities.
                                                of different nameplate battery voltages.                  tion, E24 (Wh).                                     *     *       *    *     *




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                                                                               Federal Register / Vol. 81, No. 98 / Friday, May 20, 2016 / Rules and Regulations                                                                                      31843

                                                                                                                     TABLE 4.1—BATTERY SELECTION FOR TESTING
                                                                                     Type of charger
                                                                                                                                                        Battery or configuration of batteries to select (from all configurations of all as-
                                                                                                                               Multi-                                                  sociated batteries)
                                                     Multi-voltage                         Multi-port                         capacity

                                                No ..........................     No ..........................      No ..........................     Any associated battery.
                                                No ..........................     No ..........................      Yes ........................      Highest charge capacity battery.
                                                No ..........................     Yes ........................       Yes or No ..............          Use all ports. Use the maximum number of identical batteries with the highest
                                                                                                                                                         nameplate battery charge capacity that the charger can accommodate.
                                                Yes .........................     No ..........................      No ..........................     Highest voltage battery.

                                                Yes .........................                      Yes to either or both                               Use all ports. Use the battery or configuration of batteries with the highest in-
                                                                                                                                                         dividual voltage. If multiple batteries meet this criteria, then use the battery
                                                                                                                                                         or configuration of batteries with the highest total nameplate battery charge
                                                                                                                                                         capacity at the highest individual voltage.



                                                *     *     *     *     *                                                      (6) The nameplate battery energy                                          charge/discharge cycles must only be
                                                  5. * * *                                                                  capacity of the test battery.                                                charged once per step c.(5) of this
                                                  5.1. Recording General Data on the                                           (7) The settings of the controls, if the                                  section.
                                                UUT                                                                         battery charger has user controls to                                         *     *     *     *    *
                                                  The technician must record:                                               select from two or more charge rates.
                                                  (1) The manufacturer and model of                                                                                                                        5.8. * * *
                                                                                                                            *      *     *     *     *                                                     c. * * *
                                                the battery charger;
                                                  (2) The presence and status of any                                           5.3. * * *
                                                                                                                               a. No conditioning is to be done on                                         (2) Set the battery analyzer for a
                                                additional functions unrelated to battery                                                                                                                constant discharge rate and the end-of-
                                                charging;                                                                   lithium-ion batteries. Proceed directly to
                                                                                                                            battery preparation, section 5.4, when                                       discharge voltage in Table 5.2 of this
                                                  (3) The manufacturer, model, and                                                                                                                       appendix for the relevant battery
                                                number of batteries in the test battery;                                    testing chargers for these batteries.
                                                                                                                                                                                                         chemistry.
                                                  (4) The nameplate battery voltage of                                      *      *     *     *     *
                                                                                                                               d. Batteries of chemistries, other than                                   *     *     *     *    *
                                                the test battery;
                                                  (5) The nameplate battery charge                                          lithium-ion, that are known to have                                            5.10. * * *
                                                capacity of the test battery; and                                           been through at least two previous full                                      *     *     *     *    *

                                                                     TABLE 5.2—REQUIRED BATTERY DISCHARGE RATES AND END-OF-DISCHARGE BATTERY VOLTAGES
                                                                                                                                                                                                                                                      End-of-
                                                                                                                                                                                                                                       Discharge    discharge
                                                                                                                                   Battery                                                                                                rate       voltage *
                                                                                                                                  chemistry                                                                                                C        volts per
                                                                                                                                                                                                                                                       cell

                                                Valve-Regulated Lead Acid (VRLA) ................................................................................................................................                             0.2         1.75
                                                Flooded Lead Acid ...........................................................................................................................................................                 0.2         1.70
                                                Nickel Cadmium (NiCd) ...................................................................................................................................................                     0.2          1.0
                                                Nickel Metal Hydride (NiMH) ...........................................................................................................................................                       0.2          1.0
                                                Lithium Ion (Li-Ion) ...........................................................................................................................................................              0.2          2.5
                                                Lithium Polymer ...............................................................................................................................................................               0.2          2.5
                                                Rechargeable Alkaline .....................................................................................................................................................                   0.2          0.9
                                                Nanophosphate Lithium Ion .............................................................................................................................................                       0.2          2.0
                                                Silver Zinc ........................................................................................................................................................................          0.2          1.2
                                                  * If the presence of protective circuitry prevents the battery cells from being discharged to the end-of-discharge voltage specified, then dis-
                                                charge battery cells to the lowest possible voltage permitted by the protective circuitry.


                                                *    *     *     *     *                                                    the two equations (equation (i) or                                           the threshold charge time listed in table
                                                  5.13. Unit Energy Consumption                                             equation (ii)) listed below. If a battery                                    5.3 below (i.e. (tcd¥5) * n > ta&m), use
                                                Calculation                                                                 charger is tested and its charge duration                                    equation (ii) to calculate UEC; otherwise
                                                  Calculate unit energy consumption                                         as determined in section 5.2 of this                                         calculate the battery charger’s UEC
                                                (UEC) for a battery charger using one of                                    appendix minus 5 hours is greater than                                       using equation (i).
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                                                31844                 Federal Register / Vol. 81, No. 98 / Friday, May 20, 2016 / Rules and Regulations




                                                Where:                                                              Pm = Maintenance mode power as                               tcd = Charge test duration as determined in
                                                E24 = 24-hour energy as determined in                                    determined in section 5.9 of this                            section 5.2 of this appendix, and
                                                      section 5.10 of this appendix,                                     appendix,                                               ta&m, n, tsb, and toff, are constants used
                                                                                                                    Psb = Standby mode power as determined in                         depending upon a device’s product class
                                                Ebatt = Measured battery energy as determined
                                                                                                                         section 5.11 of this appendix,                               and found in the following table:
                                                      in section 5.8 of this appendix,                              Poff = Off mode power as determined in
                                                                                                                         section 5.12 of this appendix,

                                                                                                       TABLE 5.3—BATTERY CHARGER USAGE PROFILES
                                                                                 Product class                                                                       Hours per day ***                 Charges     Threshold
                                                                                                                                                                                                         (n)        charge
                                                                                                                                                         Active +                                                    time *
                                                                                      Rated battery                        Special                       mainte-         Standby           Off
                                                 No.        Description                  energy                         characteristic                                                                Number per
                                                                                                                                                          nance            (tsb)          (toff)
                                                                                        (Ebatt) **                    or battery voltage                                                                 day        Hours
                                                                                                                                                          (ta&m)

                                                1 ...   Low-Energy ...........   ≤5 Wh ....................          Inductive Connec-                        20.66            0.10            0.00         0.15       137.73
                                                                                                                       tion ****.
                                                2 ...   Low-Energy, Low-         <100 Wh ................            <4 V .......................              7.82            5.29            0.00         0.54        14.48
                                                          Voltage.
                                                3 ...   Low-Energy, Me-          ................................    4–10 V ...................                6.42            0.30            0.00         0.10        64.20
                                                          dium-Voltage.
                                                4 ...   Low-Energy, High-        ................................    >10 V .....................              16.84            0.91            0.00         0.50        33.68
                                                          Voltage.
                                                5 ...   Medium-Energy,           100–3000 Wh ........                <20 V .....................               6.52            1.16            0.00         0.11        59.27
                                                          Low-Voltage.
                                                6 ...   Medium-Energy,           ................................    ≥20 V .....................              17.15            6.85            0.00         0.34        50.44
                                                          High-Voltage.
                                                7 ...   High-Energy ..........   >3000 Wh ..............             ................................          8.14            7.30            0.00         0.32        25.44
                                                  * If the duration of the charge test (minus 5 hours) as determined in section 5.2 of appendix Y to subpart B of this part exceeds the threshold
                                                charge time, use equation (ii) to calculate UEC otherwise use equation (i).
                                                  ** Ebatt = Rated battery energy as determined in 10 CFR part 429.39(a).
                                                  *** If the total time does not sum to 24 hours per day, the remaining time is allocated to unplugged time, which means there is 0 power con-
                                                sumption and no changes to the UEC calculation needed.
                                                  **** Inductive connection and designed for use in a wet environment (e.g. electric toothbrushes).


                                                [FR Doc. 2016–11486 Filed 5–19–16; 8:45 a.m.]                       Airbus Model A330–200 Freighter,                             stabilizer (THS) and loss of control of
                                                BILLING CODE 6450–01–P                                              A330–200, A330–300, A340–200, A340–                          the airplane.
                                                                                                                    300, A340–500, and A340–600 series                           DATES:  This AD is effective June 24,
                                                                                                                    airplanes. This AD was prompted by the                       2016.
                                                DEPARTMENT OF TRANSPORTATION                                        results of endurance qualification tests                       The Director of the Federal Register
                                                                                                                    on the trimmable horizontal stabilizer                       approved the incorporation by reference
                                                Federal Aviation Administration                                     actuator (THSA), which revealed a                            of certain publications listed in this AD
                                                                                                                    partial loss of the no-back brake (NBB)                      as of June 24, 2016.
                                                14 CFR Part 39                                                      efficiency in specific load conditions.
                                                                                                                    This AD requires inspecting certain                          ADDRESSES:    For service information
                                                [Docket No. FAA–2014–0006; Directorate
                                                                                                                                                                                 identified in this final rule, contact
                                                Identifier 2013–NM–147–AD; Amendment                                THSAs to determine the number of total
                                                39–18519; AD 2016–10–08]                                                                                                         Airbus SAS, Airworthiness Office—
                                                                                                                    flight cycles the THSA has accumulated,
                                                                                                                                                                                 EAL, 1 Rond Point Maurice Bellonte,
                                                RIN 2120–AA64                                                       and replacing the THSA if necessary.                         31707 Blagnac Cedex, France; telephone
                                                                                                                    We are issuing this AD to detect and                         +33 5 61 93 36 96; fax +33 5 61 93 45
                                                Airworthiness Directives; Airbus                                    correct premature wear of the carbon                         80; email airworthiness.A330-A340@
                                                Airplanes                                                           friction disks on the NBB of the THSA.                       airbus.com; Internet http://
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                                                AGENCY:  Federal Aviation                                           Such a condition could lead to reduced                       www.airbus.com. You may view this
                                                Administration (FAA), Department of                                 braking efficiency in certain load                           referenced service information at the
                                                Transportation (DOT).                                               conditions and, in conjunction with the                      FAA, Transport Airplane Directorate,
                                                                                                                    inability of the power gear train to keep                    1601 Lind Avenue SW., Renton, WA.
                                                ACTION: Final rule.
                                                                                                                    the ball screw in its last commanded                         For information on the availability of
                                                SUMMARY:  We are adopting a new                                     position, could result in uncommanded                        this material at the FAA, call 425–227–
                                                                                                                                                                                                                                ER20MY16.163</GPH>




                                                airworthiness directive (AD) for all                                movements of the trimmable horizontal                        1221. It is also available on the Internet


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Document Created: 2016-05-20 02:00:14
Document Modified: 2016-05-20 02:00:14
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionRules and Regulations
ActionFinal rule.
DatesThe effective date of this rule is June 20, 2016. The final rule changes will be mandatory for representations made starting November 16, 2016. The incorporation by reference of certain material listed in this rule is approved by the Director of the Federal Register as of June 20, 2016.
ContactMr. Jeremy Dommu, U.S. Department of Energy, Office of Energy Efficiency and Renewable Energy, Building Technologies Office, EE-2J, 1000 Independence Avenue SW., Washington, DC 20585-0121. Telephone: (202) 586-9870. Email: [email protected] Mr. Pete Cochran, U.S. Department of Energy, Office of the General Counsel, GC-33, 1000 Independence Avenue SW., Washington, DC 20585- 0121. Telephone: (202) 586-9496. Email: [email protected]
FR Citation81 FR 31827 
RIN Number1904-AD45
CFR Citation10 CFR 429
10 CFR 430
CFR AssociatedConfidential Business Information; Energy Conservation; Household Appliances; Imports; Reporting and Recordkeeping Requirements; Administrative Practice and Procedure; Incorporation by Reference; Intergovernmental Relations and Small Businesses

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