81 FR 62489 - Notice of Petition for Waiver of Dyson, Inc. From the Department of Energy Battery Chargers Test Procedures and Grant of Interim Waiver

DEPARTMENT OF ENERGY
Office of Energy Efficiency and Renewable Energy

Federal Register Volume 81, Issue 175 (September 9, 2016)

Page Range		62489-62493
FR Document		2016-21749

This notice announces receipt of and publishes a petition for waiver from Dyson, Inc. (Dyson) seeking an exemption from specified portions of the U.S. Department of Energy (DOE) test procedure for determining the energy consumption of battery chargers. The waiver request pertains to the battery chargers in Dyson's robotic vacuum cleaner model RB01, marketed as the Dyson 360-Eye (Robot). In its petition, Dyson contends that in order to provide the user with the advanced setting and management features of the Robot, the relevant functionalities and circuitry have to be powered at all times, and consequently, there is no user-controllable switch to disable those non-battery charging functions as the current DOE test procedure contemplates. Consequently, Dyson seeks to use an alternate test procedure to turn off the Non-Battery Charging Functionalities during the charge and maintenance mode test by isolating a terminal of the battery pack using isolating tape. This notice also announces that DOE has granted Dyson an interim waiver from the DOE battery charger test procedure for its specified robotic vacuum cleaner basic model, subject to use of the alternative test procedure as set forth in this notice. DOE solicits comments, data, and information concerning Dyson's petition and its suggested alternate test procedure.

Federal Register, Volume 81 Issue 175 (Friday, September 9, 2016)

[Federal Register Volume 81, Number 175 (Friday, September 9, 2016)]
[Notices]
[Pages 62489-62493]
From the Federal Register Online [www.thefederalregister.org]
[FR Doc No: 2016-21749]

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DEPARTMENT OF ENERGY

Office of Energy Efficiency and Renewable Energy

[Case No. BC-001]

Notice of Petition for Waiver of Dyson, Inc. From the Department
of Energy Battery Chargers Test Procedures and Grant of Interim Waiver

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

ACTION: Notice of petition for waiver and grant of interim waiver, and
request for public comment.

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SUMMARY: This notice announces receipt of and publishes a petition for
waiver from Dyson, Inc. (Dyson) seeking an exemption from specified
portions of the U.S. Department of Energy (DOE) test procedure for
determining the energy consumption of battery chargers. The waiver
request pertains to the battery chargers in Dyson's robotic vacuum
cleaner model RB01, marketed as the Dyson 360-Eye (Robot). In its
petition, Dyson contends that in order to provide the user with the
advanced setting and management features of the Robot, the relevant
functionalities and circuitry have to be powered at all times, and
consequently, there is no user-controllable switch to disable those
non-battery charging functions as the current DOE test procedure
contemplates. Consequently, Dyson seeks to use an alternate test
procedure to turn off the Non-Battery Charging Functionalities during
the charge and maintenance mode test by isolating a terminal of the
battery pack using isolating tape. This notice also announces that DOE
has granted Dyson an interim waiver from the DOE battery charger test
procedure for its specified robotic vacuum cleaner basic model, subject
to use of the alternative test procedure as set forth in this notice.
DOE solicits comments, data, and information concerning Dyson's
petition and its suggested alternate test procedure.

DATES: DOE will accept comments, data, and information with regard to
the Dyson petition until October 11, 2016.

ADDRESSES: You may submit comments, identified by Case Number BC-001,
by any of the following methods:
Federal eRulemaking Portal: http://www.regulations.gov.
Follow the instructions for submitting comments.
Email: AS_Waiver_Requests@ee.doe.gov Include the case
number [Case No. BC-001] in the subject line of the message. Submit
electronic comments in WordPerfect, Microsoft Word, PDF, or ASCII file
format, and avoid the use of special characters or any form of
encryption.
Postal Mail: Mr. Bryan Berringer, U.S. Department of
Energy, Building Technologies Office, Mailstop EE-5B, Petition for
Waiver Case No. BC-001, 1000 Independence Avenue SW., Washington, DC
20585-0121. Telephone: (202) 586-0371. If possible, please submit all
items on a compact disc (CD), in which case it is not necessary to
include printed copies.
Hand Delivery/Courier: Appliance and Equipment Standards
Program, U.S. Department of Energy, Building Technologies Office, 950
L'Enfant Plaza, SW., 6th Floor, Washington, DC 20024. Telephone: (202)
586-6636. If possible, please submit all items on a CD, in which case
it is not necessary to include printed copies.
Docket: The docket, which includes Federal Register notices,
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.

FOR FURTHER INFORMATION CONTACT: Mr. Bryan Berringer, U.S. Department
of Energy, Building Technologies Office, Mailstop EE-5B, 1000
Independence Avenue SW., Washington, DC 20585-0121. Telephone: (202)
586-0371. Email: Bryan.Berringer@ee.doe.gov.
Mr. Peter Cochran or Mr. Eric Stas, U.S. Department of Energy,
Office of the General Counsel, Mail Stop GC-33, Forrestal Building,
1000 Independence Avenue SW., Washington, DC 20585-0103. Telephone:
(202) 586-9496 or (202) 586-9507. Email: Peter.Cochran@hq.doe.gov or
Eric.Stas@hq.doe.gov.

SUPPLEMENTARY INFORMATION:

[[Page 62490]]

I. Background and Authority

Title III, Part B \1\ of the Energy Policy and Conservation Act of
1975 (EPCA), Public Law 94-163 (42 U.S.C. 6291-6309, as codified)
established the Energy Conservation Program for Consumer Products Other
Than Automobiles, a program that includes the battery charger-
containing robotic vacuums that are the focus of this notice.\2\ Part B
includes definitions, test procedures, labeling provisions, energy
conservation standards, and the authority to require information and
reports from manufacturers. Further, Part B authorizes the Secretary of
Energy to prescribe test procedures that are reasonably designed to
produce results that measure energy efficiency, energy use, or
estimated operating costs during a representative average-use cycle,
and that are not unduly burdensome to conduct. (42 U.S.C. 6293(b)(3))
The test procedure for battery chargers is contained in Title 10 of the
Code of Federal Regulations (CFR) part 430, subpart B, appendix Y,
Uniform Test Method for Measuring the Energy Consumption of Battery
Chargers.
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\1\ For editorial reasons, upon codification in the U.S. Code,
Part B was redesignated as Part A.
\2\ All references to EPCA in this document refer to the statute
as amended through the Energy Efficiency Improvement Act of 2015
(EEIA), Public Law 114-11 (April 30, 2015).
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DOE's regulations set forth at 10 CFR 430.27 contain provisions
that allow a person to seek a waiver from the test procedure
requirements for a particular basic model of a type of covered consumer
product when: (1) The petitioner's basic model for which the petition
for waiver was submitted contains one or more design characteristics
that prevent testing according to the prescribed test procedure, or (2)
the prescribed test procedures may evaluate the basic model in a manner
so unrepresentative of its true energy consumption characteristics as
to provide materially inaccurate comparative data. 10 CFR 430.27(a)(1).
A petitioner must include in its petition any alternate test procedures
known to the petitioner to evaluate the basic model in a manner
representative of its energy consumption. 10 CFR 430.27(b)(1)(iii).
DOE may grant a waiver subject to conditions, including adherence
to alternate test procedures. 10 CFR 430.27(f)(2). As soon as
practicable after the granting of any waiver, DOE will publish in the
Federal Register a notice of proposed rulemaking to amend its
regulations so as to eliminate any need for the continuation of such
waiver. As soon thereafter as practicable, DOE will publish in the
Federal Register a final rule. 10 CFR 430.27(l).
The waiver process also allows DOE to grant an interim waiver from
test procedure requirements to manufacturers that have petitioned DOE
for a waiver of such prescribed test procedures if it appears likely
that the petition for waiver will be granted and/or if DOE determines
that it would be desirable for public policy reasons to grant immediate
relief pending a determination on the petition for waiver. 10 CFR
430.27(e)(2). Within one year of issuance of an interim waiver, DOE
will either: (i) Publish in the Federal Register a determination on the
petition for waiver; or (ii) publish in the Federal Register a new or
amended test procedure that addresses the issues presented in the
waiver. 10 CFR 430.27(h)(1). When DOE amends the test procedure to
address the issues presented in a waiver, the waiver will automatically
terminate on the date on which use of that test procedure is required
to demonstrate compliance. 10 CFR 430.27(h)(2).

II. Petition for Waiver of Test Procedure and Application for Interim
Waiver

On April 7, 2016, Dyson filed a petition for waiver from the DOE
test procedure for battery chargers under 10 CFR 430.27 for their
robotic vacuum cleaner model RB01, marketed as the Dyson 360-Eye
(Robot), which is required to be tested using the DOE battery charger
test procedure at 10 CFR 430.23(aa) and detailed at 10 CFR part 430,
subpart B, appendix Y. In its petition, Dyson asks that the requirement
contained in the current DOE test procedure for battery chargers
provided in 10 CFR part 430, subpart B, appendix Y, section 4.4,
Limiting Other Non-Battery-Charger Functions, be waived with regard to
testing on the Robot. According to subsection 4.4.b (and a related
provision at section 5.6.c.1), any function controlled by the user and
not associated with the battery charging process shall be switched off
or shall be set to the lowest power-consuming mode.
Dyson asserts that in order to provide the user with the advanced
setting and management features of the Robot, the relevant
functionalities and circuitry have to be powered at all times.
Accordingly, Dyson does not believe it appropriate to make the Non-
Battery Charging Functionalities user controllable because they are an
integral part of the Robot itself. Therefore, in order to ascertain the
true energy consumption characteristics of the battery charger during
the test, Dyson seeks permission to switch off the Non-Battery Charging
Functionalities by a means that is not controlled by the user.
Dyson also requests an interim waiver from the existing DOE test
procedure for immediate relief. As previously noted, an interim waiver
may be granted if it appears likely that the petition for waiver will
be granted, and/or if DOE determines that it would be desirable for
public policy reasons to grant immediate relief pending a determination
of the petition for waiver. See 10 CFR 430.27(e)(2).
DOE understands that absent an interim waiver, the basic model
identified by Dyson in its petition cannot be tested and rated for
energy consumption on a basis representative of their true energy
consumption characteristics. DOE has reviewed the alternate procedure
and concludes that it will allow for the accurate measurement of the
energy use of these products, while alleviating the testing problems
associated with Dyson's implementation of battery charger testing for
their robotic vacuum cleaner. Consequently, DOE has determined that
Dyson's petition for waiver will likely be granted and has decided that
it is desirable for public policy reasons to grant Dyson immediate
relief pending a determination on the petition for waiver. Dyson
requests to use an alternate test procedure that would allow it to turn
off the Non-Battery Charging Functionalities during the charge and
maintenance mode test under 10 CFR part 430, subpart B, appendix Y,
sections 4.4 and 5.6 by isolating a terminal of the battery pack using
isolating tape, thereby providing a suitable method for testing these
products and for making representations as to their energy efficiency.

III. Summary of Grant of Interim Waiver

For the reasons stated above, DOE has responded positively to
Dyson's application for interim waiver from testing for its specified
robotic vacuum cleaner basic model through separate correspondence,
which includes an Order granting the application for an interim waiver,
subject to the certain specifications and conditions. The substance of
the Interim Waiver Order is summarized below.
Dyson is required to test and rate the battery charger of the
specified robotic vacuum cleaner basic model according to the alternate
test procedure as set forth in section IV, ``Alternate Test
Procedure.'' Specifically, the interim waiver applies to the following
basic model: RB01, marketed as the Dyson 360-Eye (Robot). Dyson is
permitted to

[[Page 62491]]

make representations about the energy use of its battery charger for
the robotic vacuum cleaner products for compliance, marketing, or other
purposes only to the extent that such products have been tested in
accordance with the provisions set forth in the alternate test
procedure and such representations fairly disclose the results of such
testing in accordance with 10 CFR 429.39.
DOE makes decisions on waivers and interim waivers for only those
models specifically set out in the petition, not future models that may
be manufactured by the petitioner. Dyson may request that DOE extend
the scope of a waiver or an interim waiver to include additional basic
models employing the same technology as the basic model(s) set forth in
the original petition consistent with 10 CFR 430.27(g). In addition,
DOE notes that granting of an interim waiver or waiver does not release
a petitioner from the certification requirements set forth at 10 CFR
part 429. See also 10 CFR 430.27(a) and (i).
The interim waiver shall remain in effect consistent with the
provisions of 10 CFR 430.27(h) and (l). Furthermore, this interim
waiver is conditioned upon the presumed validity of statements,
representations, and documents provided by the petitioner. DOE may
rescind or modify a waiver or interim waiver at any time upon a
determination that the factual basis underlying the petition for waiver
or interim waiver is incorrect, or upon a determination that the
results from the alternate test procedure are unrepresentative of the
basic model's true energy consumption characteristics. See 10 CFR
430.27(k).

IV. Alternate Test Procedure

EPCA requires that manufacturers use DOE test procedures when
making representations about the energy consumption and energy
consumption costs of products and equipment covered by the statute. (42
U.S.C. 6293(c); 6314(d)) Consistent representations about the energy
efficiency of covered products and equipment are important for
consumers evaluating products when making purchasing decisions and for
manufacturers to demonstrate compliance with applicable DOE energy
conservation standards. Pursuant to its regulations applicable to
waivers and interim waivers from applicable test procedures at 10 CFR
430.27 and after considering public comments on the petition, DOE will
announce its decision as to an alternate test procedure for Dyson in a
subsequent Decision and Order.
During the period of the interim waiver granted in this notice,
Dyson shall test the basic model listed in section II according to the
test procedure for battery chargers prescribed by DOE at 10 CFR part
430, subpart B, appendix Y, except that under sections 4.4 and 5.6 of
appendix Y, Non-Battery Charging Functionalities that cannot be
switched off by a user during the charge and maintenance mode test,
must be turned off by isolating a terminal of the battery pack using
isolating tape.

V. Summary and Request for Comments

Through this notice, DOE announces receipt of Dyson's petition for
waiver from the DOE test procedure for battery chargers and announces
DOE's decision to grant Dyson an interim waiver from the test procedure
for its robotic vacuum cleaner model RB01, marketed as the Dyson 360-
Eye (Robot). DOE is publishing Dyson's petition for waiver in its
entirety, pursuant to 10 CFR 430.27(b)(1)(iv). The petition contains no
confidential information. The petition includes a suggested alternate
test procedure to determine the energy consumption of the battery
charger used in Dyson's specified robotic vacuum cleaner. Dyson is
required to use this alternate procedure, as specified in section IV of
this notice, as a condition of its grant of interim waiver, and after
considering public comments on the petition, DOE will announce its
decision as to the continued use of this alternate procedure in its
subsequent Decision and Order.
DOE solicits comments from interested parties on all aspects of the
petition, including the suggested alternate test procedure and
calculation methodology. Pursuant to 10 CFR 430.27(d), any person
submitting written comments to DOE must also send a copy of such
comments to the petitioner. The contact information for the petitioner
is Ms. Ashley Shaw, Assistant General Counsel, Dyson, Inc., 600 West
Chicago Avenue, Suite 275, Chicago, IL 60654. All comment submissions
must include the agency name and Case Number BC-001 for this
proceeding. Submit electronic comments in WordPerfect, Microsoft Word,
Portable Document Format (PDF), or text (American Standard Code for
Information Interchange (ASCII)) file format and avoid the use of
special characters or any form of encryption. Wherever possible,
include the electronic signature of the author. DOE does not accept
telefacsimiles (faxes).
Pursuant to 10 CFR 1004.11, any person submitting information that
he or she believes to be confidential and exempt by law from public
disclosure should submit two copies to DOE: One copy of the document
marked ``confidential'' with all of the information believed to be
confidential included, and one copy of the document marked ``non-
confidential'' with all of the information believed to be confidential
deleted. DOE will make its own determination about the confidential
status of the information and treat it according to its determination.

Issued in Washington, DC, on August 30, 2016.
Kathleen B. Hogan,
Deputy Assistant Secretary for Energy Efficiency, Energy Efficiency and
Renewable Energy.

April 7, 2016

APPLICATION OF PETITION OF WAIVER

Dyson, Inc. (``Dyson'') hereby respectfully submits this
Application for Petition of Waiver jointly with an Application for
Interim Waiver, to the Department of Energy (``DOE'') with regard to
the Dyson robotic vacuum cleaner model RB01, marketed as the Dyson 360-
Eye (``Robot'').

Requirement To Be Waived

This petition asks that the requirement contained in the current
DOE test procedure for battery chargers provided in CFR 10 Part 430.23,
Appendix Y--``Uniform Test Method for Measuring the Energy Consumption
of Battery Chargers,'' Clause 4.4 (Limiting Other Non-Battery-Charger
Functions), be waived with regard to testing on the Robot.
According to Sub-Clause, 4.4.b and the ``Charge Mode and Battery
Maintenance Mode Test'' detailed in Section 5.6, any function
controlled by the user and not associated with the battery charging
process shall be switched off or shall be set to the lowest power
consuming mode.
By virtue of the design characteristics of the Robot, using the
prescribed test procedure would cause the machine to be evaluated in a
manner not representative of the true energy consumption
characteristics of the battery charger because certain functions that
affect energy consumption measurements are not controlled by the user
and cannot be turned off by the user. However, in order to obtain
representative values, these functions should be switched off, and can
be by the person performing the

[[Page 62492]]

test procedure. This petition seeks a waiver of the requirement that
these functions must be able to be switched off by the user.
We believe that the aim of the test procedure is to specify a
method for quantifying the power consumption of the battery charging
function and setting the appropriate test conditions solely by user-
controllable means is not a fundamental requirement to achieve that
purpose.

Robot Description--Intended Operation and Design Characteristics

The Robot is a robotic vacuum cleaner with integral Li-Ion battery.
The battery is contained in a battery pack together with the charging
control circuit. The battery pack can be detached by the user, but
cannot be charged separately from the machine. The Wi-Fi transceiver
can be controlled by the user and can be disabled by the user following
the instructions in the operating manual.
The Robot is charged through a cradle powered by a separate,
external AC/DC adapter (wall plug type). The charging circuitry is
comprised of the external adapter, the cradle, and the battery pack.
The charging control contained in the battery pack is independent
from the Robot. Accordingly, it autonomously starts charging the robot
when it is in the cradle and turns off charging when the charging
process is complete.
The LED-based user interface on the machine enclosure represents
the machine's status. It is entirely controlled by the Robot and not by
the battery pack circuitry. It can provide a variety of information to
the user, including but not limited to, low battery and fault condition
alerts.
During the typical operation, the Robot accomplishes its intended
functions by powering the motors (vacuuming), the navigation system
(sensors), the User Interface, and the connectivity platform, until its
control processor detects a low battery state and aims for the cradle.
When the Robot reaches the cradle, the charging function is
activated by the battery pack. During charging, the Robot also
maintains the User Interface and connectivity platform (``Non-Battery
Charging Functionalities'').
The battery is fully charged in approximately two (2) hours. At
that point, an electronic switch fitted in the battery pack disconnects
the battery from the charging line and the battery charging function
enters what the test procedure calls ``maintenance mode.''
The battery pack has a very long shelf life (i.e., the battery
would maintain sufficient charge for a long period of time,
approximately one year). Therefore, in ``maintenance mode,'' the energy
consumption is dedicated only to sustain the Non-Battery Charging
Functionalities.
The Non-Battery Charging Functionalities are implemented through a
complex control circuitry contained in the Robot architecture and can
be summarized as the management of the advanced usage features offered
to the user. The user is not only able to clean the house remotely but
can do so in the way that best suits his/her habits.
By always having the Non-Battery Charging Functionalities in an
active state, while in the cradle, the Robot is able to:
(a) Receive remote commands to start a scheduled clean from the
Dyson cloud;
(b) Receive remote commands to start a live clean, either directly
from the App or via the Dyson cloud;
(c) Receive software upgrades from the Dyson cloud;
(d) Be configured prior to starting a clean routine via the App;
(e) Be able to respond in a short time to remote user demand with
acknowledgement that a cleaning routine has started (no system boot-
up);
(f) Send status messages to the App and to the Dyson cloud; and
(g) Send data to the Dyson cloud, including usage stats.
The battery pack may come with two different charging controls:
Battery Control 1--The Non-Battery Charging Functionalities are
always powered from the battery terminals. To keep the battery fully
charged, the charging function must be periodically re-enabled to top-
up the charge. This can be seen in Appendix B.1.
Battery Control 2--When the Robot is in the cradle, the Non-Battery
Charging Functionalities are powered directly from the DC supply at the
cradle terminals (i.e., indirectly from the mains). The Robot control
shares the same power supply of the battery pack (external adapter +
cradle) and draws continuous current from the mains. This can be seen
in Appendix B.2.
Battery Control 2 will replace Battery Control 1 by the end of
2016.

Grounds for the Petition

In order to provide the user with the advanced setting and
management features of the Robot, the relevant functionalities and
circuitry have to be powered at all times. Accordingly, we do not
believe it is appropriate to make the Non-Battery Charging
Functionalities user controllable because they are an integral part of
the Robot itself.
Therefore, in order to ascertain the true energy consumption
characteristics of the battery charger during the test, we seek
permission to switch off the Non-Battery Charging Functionalities by a
means that is not controlled by the user.

Proposal

We are seeking permission to turn off the Non-Battery Charging
Functionalities during the charge and maintenance mode test by
isolating a terminal of the battery pack using isolating tape. A visual
description in Appendix A shows which terminal has to be isolated for
testing purposes and how it is to be isolated with the tape. A leaflet
or a web-link in the user manual could provide similar information.
Currently, the prescribed test method requires the test technician
to go well beyond what the user can access (e.g., disassemble the
battery pack for the battery discharge test).
The proposed setting where the Non-Battery Charging Functionalities
are turned off does not lead to any alteration of the battery charger
circuitry or function because the Robot is operating in parallel to it.
It simply interrupts the power supply to the Robot and prevents the
Non-Battery Charging Functionalities from drawing current from the
battery or mains (see Battery Control 1, Battery Control 2, and
Appendix B for this distinction).
The following values are typical:

--Power consumption of the Non-Battery Charging Functionalities is
approximately 3.5W (including 0.27W used for the User Interface);
--Power consumption in no-battery mode (wall plug external charger +
cradle) is 0.48W.

The graphs in Appendix B show the power consumption of the product
in charge and maintenance mode for both the actual operation and the
proposed test setting.
If our proposal is accepted, we also recommend that the text of
clause 4.4.b be modified as follows:
``b. Any function not associated with the battery charging process
(e.g. the answering machine in a cordless telephone charging base)
shall be switched off. If it is not possible to switch such functions
off, they shall be set to their lowest power-consuming mode during
test.
If it is not possible to achieve this condition by user-controlled
settings, the condition may be achieved by alternative means, unless
those lead to an alteration of the battery charger circuit or
function.''

[[Page 62493]]

Hardship and Competitive Disadvantage

In absence of a favorable determination, the Robot design would
have to be modified in order to add a switch that would implement the
same isolation obtained by the isolating tape.
The cost in addition to the current bill of materials would be
around 0.3 USD, but the real burden is that this switch would have to
be added only to enable the measurement of the true energy consumption
and would not bring any real benefit for the user. Indeed, as
prescribed by the test procedure, if the switch is made accessible to
users, it could result in inadvertent operations. The reliability of
the Robot might be affected, including, but not limited to:
Preventing the Robot from being controlled remotely as
intended;
Random malfunction and bad user experience; and
Abrupt abortion of software upgrades with the typical
consequences (i.e., software corruption).
The actual cost cannot be easily quantified in advance, but would
disparage the Dyson brand.

Likely Success of the Petition

Our proposal is in compliance with the test method's intent of
measuring the energy efficiency parameters of battery chargers, as it
ensures that such energy consumption is still measured. It does not add
unnecessary burden to the work of the test technician when applying the
test procedure. It is also a proposal that would benefit other
manufacturers of consumer products employing advanced connectivity
features by providing more flexibility at evaluating compliance with
the relevant energy metrics.

Appendix A--Access to the Battery Terminal

See the following Web site for Appendix A pictures: http://www.regulations.gov/#!docketDetail;D=EERE-2016-BT-WAV-0034.

Appendix B--Power Consumption Graphs

(B.1a)
Battery Control 1--Robot control powered from the battery

The battery charger periodically refills the energy used by the
non-charging functionalities (red trace). By isolating the terminal
only the power drawn by the battery is accounted (blue trace).
See the following Web site for Appendix B.1a graphs: http://www.regulations.gov/#!docketDetail;D=EERE-2016-BT-WAV-0034.

(B.1b)
Battery Control 1--Circuit diagram

See the following Web site for Appendix B.1b graphs: http://www.regulations.gov/#!docketDetail;D=EERE-2016-BT-WAV-0034.

(B.2a)
Battery Control 2--Robot control powered from the mains

The battery charger provides energy in parallel both to the
battery and to the non-charging functionalities (red trace). By
isolating the terminal only the power drawn by the battery is
accounted (blue trace).
See the following Web site for Appendix B.2a graphs: http://www.regulations.gov/#!docketDetail;D=EERE-2016-BT-WAV-0034.

(B.2b)
Battery Control 2--Circuit diagram

See the following Web site for Appendix B.2b graphs: http://www.regulations.gov/#!docketDetail;D=EERE-2016-BT-WAV-0034.

[FR Doc. 2016-21749 Filed 9-8-16; 8:45 am]
BILLING CODE 6450-01-P

62490 Federal Register / Vol. 81, No. 175 / Friday, September 9, 2016 / Notices

I. Background and Authority soon thereafter as practicable, DOE will seeks permission to switch off the Non-
Title III, Part B 1 of the Energy Policy publish in the Federal Register a final Battery Charging Functionalities by a
and Conservation Act of 1975 (EPCA), rule. 10 CFR 430.27(l). means that is not controlled by the user.
Public Law 94–163 (42 U.S.C. 6291– The waiver process also allows DOE Dyson also requests an interim waiver
6309, as codified) established the to grant an interim waiver from test from the existing DOE test procedure for
Energy Conservation Program for procedure requirements to immediate relief. As previously noted,
Consumer Products Other Than manufacturers that have petitioned DOE an interim waiver may be granted if it
for a waiver of such prescribed test appears likely that the petition for
Automobiles, a program that includes
procedures if it appears likely that the waiver will be granted, and/or if DOE
the battery charger-containing robotic
petition for waiver will be granted and/ determines that it would be desirable for
vacuums that are the focus of this
or if DOE determines that it would be public policy reasons to grant
notice.2 Part B includes definitions, test
desirable for public policy reasons to immediate relief pending a
procedures, labeling provisions, energy
grant immediate relief pending a determination of the petition for waiver.
conservation standards, and the
determination on the petition for See 10 CFR 430.27(e)(2).
authority to require information and DOE understands that absent an
waiver. 10 CFR 430.27(e)(2). Within one
reports from manufacturers. Further, interim waiver, the basic model
year of issuance of an interim waiver,
Part B authorizes the Secretary of identified by Dyson in its petition
DOE will either: (i) Publish in the
Energy to prescribe test procedures that Federal Register a determination on the cannot be tested and rated for energy
are reasonably designed to produce petition for waiver; or (ii) publish in the consumption on a basis representative
results that measure energy efficiency, Federal Register a new or amended test of their true energy consumption
energy use, or estimated operating costs procedure that addresses the issues characteristics. DOE has reviewed the
during a representative average-use presented in the waiver. 10 CFR alternate procedure and concludes that
cycle, and that are not unduly 430.27(h)(1). When DOE amends the test it will allow for the accurate
burdensome to conduct. (42 U.S.C. procedure to address the issues measurement of the energy use of these
6293(b)(3)) The test procedure for presented in a waiver, the waiver will products, while alleviating the testing
battery chargers is contained in Title 10 automatically terminate on the date on problems associated with Dyson’s
of the Code of Federal Regulations (CFR) which use of that test procedure is implementation of battery charger
part 430, subpart B, appendix Y, required to demonstrate compliance. 10 testing for their robotic vacuum cleaner.
Uniform Test Method for Measuring the CFR 430.27(h)(2). Consequently, DOE has determined that
Energy Consumption of Battery Dyson’s petition for waiver will likely
Chargers. II. Petition for Waiver of Test Procedure be granted and has decided that it is
DOE’s regulations set forth at 10 CFR and Application for Interim Waiver desirable for public policy reasons to
430.27 contain provisions that allow a On April 7, 2016, Dyson filed a grant Dyson immediate relief pending a
person to seek a waiver from the test petition for waiver from the DOE test determination on the petition for
procedure requirements for a particular procedure for battery chargers under 10 waiver. Dyson requests to use an
basic model of a type of covered CFR 430.27 for their robotic vacuum alternate test procedure that would
consumer product when: (1) The cleaner model RB01, marketed as the allow it to turn off the Non-Battery
petitioner’s basic model for which the Dyson 360-Eye (Robot), which is Charging Functionalities during the
petition for waiver was submitted required to be tested using the DOE charge and maintenance mode test
contains one or more design battery charger test procedure at 10 CFR under 10 CFR part 430, subpart B,
characteristics that prevent testing 430.23(aa) and detailed at 10 CFR part appendix Y, sections 4.4 and 5.6 by
according to the prescribed test 430, subpart B, appendix Y. In its isolating a terminal of the battery pack
procedure, or (2) the prescribed test petition, Dyson asks that the using isolating tape, thereby providing a
procedures may evaluate the basic requirement contained in the current suitable method for testing these
model in a manner so unrepresentative DOE test procedure for battery chargers products and for making representations
of its true energy consumption provided in 10 CFR part 430, subpart B, as to their energy efficiency.
characteristics as to provide materially appendix Y, section 4.4, Limiting Other
inaccurate comparative data. 10 CFR Non-Battery-Charger Functions, be III. Summary of Grant of Interim
430.27(a)(1). A petitioner must include waived with regard to testing on the Waiver
in its petition any alternate test Robot. According to subsection 4.4.b For the reasons stated above, DOE has
procedures known to the petitioner to (and a related provision at section responded positively to Dyson’s
evaluate the basic model in a manner 5.6.c.1), any function controlled by the application for interim waiver from
representative of its energy user and not associated with the battery testing for its specified robotic vacuum
consumption. 10 CFR 430.27(b)(1)(iii). charging process shall be switched off or cleaner basic model through separate
DOE may grant a waiver subject to shall be set to the lowest power- correspondence, which includes an
conditions, including adherence to consuming mode. Order granting the application for an
alternate test procedures. 10 CFR Dyson asserts that in order to provide interim waiver, subject to the certain
430.27(f)(2). As soon as practicable after the user with the advanced setting and specifications and conditions. The
the granting of any waiver, DOE will management features of the Robot, the substance of the Interim Waiver Order is
publish in the Federal Register a notice relevant functionalities and circuitry summarized below.
of proposed rulemaking to amend its have to be powered at all times. Dyson is required to test and rate the
asabaliauskas on DSK3SPTVN1PROD with NOTICES

regulations so as to eliminate any need Accordingly, Dyson does not believe it battery charger of the specified robotic
for the continuation of such waiver. As appropriate to make the Non-Battery vacuum cleaner basic model according
Charging Functionalities user to the alternate test procedure as set
1 For editorial reasons, upon codification in the
controllable because they are an integral forth in section IV, ‘‘Alternate Test
U.S. Code, Part B was redesignated as Part A. part of the Robot itself. Therefore, in Procedure.’’ Specifically, the interim
2 All references to EPCA in this document refer

to the statute as amended through the Energy
order to ascertain the true energy waiver applies to the following basic
Efficiency Improvement Act of 2015 (EEIA), Public consumption characteristics of the model: RB01, marketed as the Dyson
Law 114–11 (April 30, 2015). battery charger during the test, Dyson 360-Eye (Robot). Dyson is permitted to

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Federal Register / Vol. 81, No. 175 / Friday, September 9, 2016 / Notices 62491

make representations about the energy procedure for Dyson in a subsequent Pursuant to 10 CFR 1004.11, any
use of its battery charger for the robotic Decision and Order. person submitting information that he
vacuum cleaner products for During the period of the interim or she believes to be confidential and
compliance, marketing, or other waiver granted in this notice, Dyson exempt by law from public disclosure
purposes only to the extent that such shall test the basic model listed in should submit two copies to DOE: One
products have been tested in accordance section II according to the test copy of the document marked
with the provisions set forth in the procedure for battery chargers ‘‘confidential’’ with all of the
alternate test procedure and such prescribed by DOE at 10 CFR part 430, information believed to be confidential
representations fairly disclose the subpart B, appendix Y, except that included, and one copy of the document
results of such testing in accordance under sections 4.4 and 5.6 of appendix marked ‘‘non-confidential’’ with all of
with 10 CFR 429.39. Y, Non-Battery Charging Functionalities the information believed to be
DOE makes decisions on waivers and that cannot be switched off by a user confidential deleted. DOE will make its
interim waivers for only those models during the charge and maintenance own determination about the
specifically set out in the petition, not mode test, must be turned off by confidential status of the information
future models that may be manufactured isolating a terminal of the battery pack and treat it according to its
by the petitioner. Dyson may request using isolating tape. determination.
that DOE extend the scope of a waiver Issued in Washington, DC, on August 30,
V. Summary and Request for Comments
or an interim waiver to include 2016.
additional basic models employing the Through this notice, DOE announces Kathleen B. Hogan,
same technology as the basic model(s) receipt of Dyson’s petition for waiver Deputy Assistant Secretary for Energy
set forth in the original petition from the DOE test procedure for battery Efficiency, Energy Efficiency and Renewable
consistent with 10 CFR 430.27(g). In chargers and announces DOE’s decision Energy.
addition, DOE notes that granting of an to grant Dyson an interim waiver from April 7, 2016
interim waiver or waiver does not the test procedure for its robotic vacuum
release a petitioner from the cleaner model RB01, marketed as the APPLICATION OF PETITION OF
certification requirements set forth at 10 Dyson 360-Eye (Robot). DOE is WAIVER
CFR part 429. See also 10 CFR 430.27(a) publishing Dyson’s petition for waiver Dyson, Inc. (‘‘Dyson’’) hereby
and (i). in its entirety, pursuant to 10 CFR respectfully submits this Application for
The interim waiver shall remain in 430.27(b)(1)(iv). The petition contains Petition of Waiver jointly with an
effect consistent with the provisions of no confidential information. The Application for Interim Waiver, to the
10 CFR 430.27(h) and (l). Furthermore, petition includes a suggested alternate Department of Energy (‘‘DOE’’) with
this interim waiver is conditioned upon test procedure to determine the energy regard to the Dyson robotic vacuum
the presumed validity of statements, consumption of the battery charger used cleaner model RB01, marketed as the
representations, and documents in Dyson’s specified robotic vacuum Dyson 360-Eye (‘‘Robot’’).
provided by the petitioner. DOE may cleaner. Dyson is required to use this
rescind or modify a waiver or interim alternate procedure, as specified in Requirement To Be Waived
waiver at any time upon a section IV of this notice, as a condition This petition asks that the
determination that the factual basis of its grant of interim waiver, and after requirement contained in the current
underlying the petition for waiver or considering public comments on the DOE test procedure for battery chargers
interim waiver is incorrect, or upon a petition, DOE will announce its provided in CFR 10 Part 430.23,
determination that the results from the decision as to the continued use of this Appendix Y—‘‘Uniform Test Method for
alternate test procedure are alternate procedure in its subsequent Measuring the Energy Consumption of
unrepresentative of the basic model’s Decision and Order. Battery Chargers,’’ Clause 4.4 (Limiting
true energy consumption characteristics. DOE solicits comments from Other Non-Battery-Charger Functions),
See 10 CFR 430.27(k). interested parties on all aspects of the be waived with regard to testing on the
petition, including the suggested Robot.
IV. Alternate Test Procedure
alternate test procedure and calculation According to Sub-Clause, 4.4.b and
EPCA requires that manufacturers use methodology. Pursuant to 10 CFR the ‘‘Charge Mode and Battery
DOE test procedures when making 430.27(d), any person submitting Maintenance Mode Test’’ detailed in
representations about the energy written comments to DOE must also Section 5.6, any function controlled by
consumption and energy consumption send a copy of such comments to the the user and not associated with the
costs of products and equipment petitioner. The contact information for battery charging process shall be
covered by the statute. (42 U.S.C. the petitioner is Ms. Ashley Shaw, switched off or shall be set to the lowest
6293(c); 6314(d)) Consistent Assistant General Counsel, Dyson, Inc., power consuming mode.
representations about the energy 600 West Chicago Avenue, Suite 275, By virtue of the design characteristics
efficiency of covered products and Chicago, IL 60654. All comment of the Robot, using the prescribed test
equipment are important for consumers submissions must include the agency procedure would cause the machine to
evaluating products when making name and Case Number BC–001 for this be evaluated in a manner not
purchasing decisions and for proceeding. Submit electronic representative of the true energy
manufacturers to demonstrate comments in WordPerfect, Microsoft consumption characteristics of the
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compliance with applicable DOE energy Word, Portable Document Format (PDF), battery charger because certain
conservation standards. Pursuant to its or text (American Standard Code for functions that affect energy
regulations applicable to waivers and Information Interchange (ASCII)) file consumption measurements are not
interim waivers from applicable test format and avoid the use of special controlled by the user and cannot be
procedures at 10 CFR 430.27 and after characters or any form of encryption. turned off by the user. However, in
considering public comments on the Wherever possible, include the order to obtain representative values,
petition, DOE will announce its electronic signature of the author. DOE these functions should be switched off,
decision as to an alternate test does not accept telefacsimiles (faxes). and can be by the person performing the

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62492 Federal Register / Vol. 81, No. 175 / Friday, September 9, 2016 / Notices

test procedure. This petition seeks a time, approximately one year). Therefore, in order to ascertain the
waiver of the requirement that these Therefore, in ‘‘maintenance mode,’’ the true energy consumption characteristics
functions must be able to be switched energy consumption is dedicated only of the battery charger during the test, we
off by the user. to sustain the Non-Battery Charging seek permission to switch off the Non-
We believe that the aim of the test Functionalities. Battery Charging Functionalities by a
procedure is to specify a method for The Non-Battery Charging means that is not controlled by the user.
quantifying the power consumption of Functionalities are implemented
the battery charging function and setting Proposal
through a complex control circuitry
the appropriate test conditions solely by contained in the Robot architecture and We are seeking permission to turn off
user-controllable means is not a can be summarized as the management the Non-Battery Charging
fundamental requirement to achieve of the advanced usage features offered to Functionalities during the charge and
that purpose. the user. The user is not only able to maintenance mode test by isolating a
clean the house remotely but can do so terminal of the battery pack using
Robot Description—Intended Operation
in the way that best suits his/her habits. isolating tape. A visual description in
and Design Characteristics
By always having the Non-Battery Appendix A shows which terminal has
The Robot is a robotic vacuum cleaner Charging Functionalities in an active to be isolated for testing purposes and
with integral Li-Ion battery. The battery state, while in the cradle, the Robot is how it is to be isolated with the tape.
is contained in a battery pack together able to: A leaflet or a web-link in the user
with the charging control circuit. The (a) Receive remote commands to start manual could provide similar
battery pack can be detached by the a scheduled clean from the Dyson information.
user, but cannot be charged separately cloud; Currently, the prescribed test method
from the machine. The Wi-Fi transceiver (b) Receive remote commands to start requires the test technician to go well
can be controlled by the user and can be a live clean, either directly from the beyond what the user can access (e.g.,
disabled by the user following the App or via the Dyson cloud; disassemble the battery pack for the
instructions in the operating manual. (c) Receive software upgrades from battery discharge test).
The Robot is charged through a cradle the Dyson cloud; The proposed setting where the Non-
powered by a separate, external AC/DC (d) Be configured prior to starting a
Battery Charging Functionalities are
adapter (wall plug type). The charging clean routine via the App;
turned off does not lead to any
circuitry is comprised of the external (e) Be able to respond in a short time
alteration of the battery charger circuitry
adapter, the cradle, and the battery to remote user demand with
or function because the Robot is
pack. acknowledgement that a cleaning
The charging control contained in the operating in parallel to it. It simply
routine has started (no system boot-up);
battery pack is independent from the (f) Send status messages to the App interrupts the power supply to the
Robot. Accordingly, it autonomously and to the Dyson cloud; and Robot and prevents the Non-Battery
starts charging the robot when it is in (g) Send data to the Dyson cloud, Charging Functionalities from drawing
the cradle and turns off charging when including usage stats. current from the battery or mains (see
the charging process is complete. The battery pack may come with two Battery Control 1, Battery Control 2, and
The LED-based user interface on the different charging controls: Appendix B for this distinction).
machine enclosure represents the Battery Control 1—The Non-Battery The following values are typical:
machine’s status. It is entirely Charging Functionalities are always —Power consumption of the Non-
controlled by the Robot and not by the powered from the battery terminals. To Battery Charging Functionalities is
battery pack circuitry. It can provide a keep the battery fully charged, the approximately 3.5W (including 0.27W
variety of information to the user, charging function must be periodically used for the User Interface);
including but not limited to, low battery re-enabled to top-up the charge. This —Power consumption in no-battery
and fault condition alerts. can be seen in Appendix B.1. mode (wall plug external charger +
During the typical operation, the Battery Control 2—When the Robot is cradle) is 0.48W.
Robot accomplishes its intended in the cradle, the Non-Battery Charging
The graphs in Appendix B show the
functions by powering the motors Functionalities are powered directly
power consumption of the product in
(vacuuming), the navigation system from the DC supply at the cradle
charge and maintenance mode for both
(sensors), the User Interface, and the terminals (i.e., indirectly from the
the actual operation and the proposed
connectivity platform, until its control mains). The Robot control shares the
test setting.
processor detects a low battery state and same power supply of the battery pack
aims for the cradle. (external adapter + cradle) and draws If our proposal is accepted, we also
When the Robot reaches the cradle, continuous current from the mains. This recommend that the text of clause 4.4.b
the charging function is activated by the can be seen in Appendix B.2. be modified as follows:
battery pack. During charging, the Robot Battery Control 2 will replace Battery ‘‘b. Any function not associated with
also maintains the User Interface and Control 1 by the end of 2016. the battery charging process (e.g. the
connectivity platform (‘‘Non-Battery answering machine in a cordless
Grounds for the Petition telephone charging base) shall be
Charging Functionalities’’).
The battery is fully charged in In order to provide the user with the switched off. If it is not possible to
approximately two (2) hours. At that advanced setting and management switch such functions off, they shall be
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point, an electronic switch fitted in the features of the Robot, the relevant set to their lowest power-consuming
battery pack disconnects the battery functionalities and circuitry have to be mode during test.
from the charging line and the battery powered at all times. Accordingly, we If it is not possible to achieve this
charging function enters what the test do not believe it is appropriate to make condition by user-controlled settings,
procedure calls ‘‘maintenance mode.’’ the Non-Battery Charging the condition may be achieved by
The battery pack has a very long shelf Functionalities user controllable alternative means, unless those lead to
life (i.e., the battery would maintain because they are an integral part of the an alteration of the battery charger
sufficient charge for a long period of Robot itself. circuit or function.’’

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Document Created: 2018-02-09 13:14:56
Document Modified: 2018-02-09 13:14:56

Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Notices
Action		Notice of petition for waiver and grant of interim waiver, and request for public comment.
Dates		DOE will accept comments, data, and information with regard to the Dyson petition until October 11, 2016.
Contact		Mr. Bryan Berringer, U.S. Department of Energy, Building Technologies Office, Mailstop EE-5B, 1000 Independence Avenue SW., Washington, DC 20585-0121. Telephone: (202) 586-0371. Email: [email protected]
FR Citation		81 FR 62489

81 FR 62489 - Notice of Petition for Waiver of Dyson, Inc. From the Department of Energy Battery Chargers Test Procedures and Grant of Interim Waiver

DEPARTMENT OF ENERGYOffice of Energy Efficiency and Renewable Energy

Federal Register Volume 81, Issue 175 (September 9, 2016)

DEPARTMENT OF ENERGY
Office of Energy Efficiency and Renewable Energy