82 FR 16580 - Energy Conservation Program for Consumer Products: Decision and Order Granting a Waiver to Dyson, Inc. From the Department of Energy Battery Charger Test Procedure
DEPARTMENT OF ENERGY
Office of Energy Efficiency and Renewable Energy Federal Register Volume 82, Issue 64 (April 5, 2017)
Office of Energy Efficiency and Renewable Energy
Federal Register Volume 82, Issue 64 (April 5, 2017)
| Page Range | 16580-16581 | |
| FR Document | 2017-06732 |
[Federal Register Volume 82, Number 64 (Wednesday, April 5, 2017)] [Notices] [Pages 16580-16581] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2017-06732] ----------------------------------------------------------------------- DEPARTMENT OF ENERGY Office of Energy Efficiency and Renewable Energy [Case No. BC-001] Energy Conservation Program for Consumer Products: Decision and Order Granting a Waiver to Dyson, Inc. From the Department of Energy Battery Charger Test Procedure AGENCY: Office of Energy Efficiency and Renewable Energy, Department of Energy. ACTION: Decision and order. ----------------------------------------------------------------------- SUMMARY: The U.S. Department of Energy (DOE) gives notice of a decision and order (Case No. BC-001) that grants to Dyson, Inc. (Dyson) a waiver from the DOE test procedure for determining the energy consumption of battery chargers. Under this decision and order, Dyson is required to test and rate the battery charger used in its robotic vacuum cleaner model RB01, marketed as the Dyson 360-Eye (Robot) using an alternate test procedure to turn off functions not associated with the battery charging process during the charge and maintenance mode test by isolating a terminal of the battery pack using isolating tape when measuring energy consumption. DATES: This Decision and Order is effective April 5, 2017. FOR FURTHER INFORMATION CONTACT: Mr. Bryan Berringer, U.S. Department of Energy, Building Technologies Program, Mail Stop EE-5B, Forrestal Building, 1000 Independence Avenue SW., Washington, DC 20585-0121. Telephone: (202) 586-0371. Email: [email protected]. Mr. Peter Cochran, 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. Email: [email protected]. SUPPLEMENTARY INFORMATION: In accordance with Title 10 of the Code of Federal Regulations (10 CFR 430.27(f)(2)), DOE gives notice of the issuance of its decision and order as set forth below. The decision and order grants Dyson a waiver from the applicable battery charger test procedure in 10 CFR part 430, subpart B, appendix Y for the battery charger used in their robotic vacuum cleaner model RB01, marketed as the Dyson 360-Eye (``Robot''), provided that Dyson tests and rates such products using the alternate test procedure described in this notice. Dyson's representations concerning the energy efficiency of this product must be based on testing consistent with the provisions and restrictions in the alternate test procedure set forth in the decision and order below, and the representations must fairly disclose the test results. Distributors, retailers, and private labelers are held to the same standard when making representations regarding the energy efficiency of these products. (42 U.S.C. 6293(c)) Not later than June 5, 2017, any manufacturer currently distributing in commerce in the United States a product employing a technology or characteristic that results in the same need for a waiver from the battery charger test procedure must submit a petition for waiver. 10 CFR 430.27(j). Manufacturers not currently distributing such products in commerce in the United States must petition for and be granted a waiver prior to distribution in commerce in the United States. Manufacturers may also submit a request for interim waiver pursuant to the requirements of 10 CFR 430.27. Issued in Washington, DC, on March 27, 2017. Steven G. Chalk, Acting Assistant Secretary, Energy Efficiency and Renewable Energy. Decision and Order In the Matter of: Dyson, Inc. (Case No. BC-001) 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 battery chargers.\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 [[Page 16581]] 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. --------------------------------------------------------------------------- \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). --------------------------------------------------------------------------- The regulations set forth in 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 product when the petitioner's basic model for which the petition for waiver was submitted contains one or more design characteristics that: (1) Prevent testing according to the prescribed test procedure, or (2) cause the prescribed test procedures to 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).DOE may grant the waiver subject to conditions, including adherence to alternate test procedures. 10 CFR 430.27(f)(2). II. Dyson's Petition for Waiver: Assertions and Determinations On April 7, 2016, Dyson filed a petition for waiver from the DOE test procedure for battery chargers under 10 CFR 430.27 for the battery charger used in 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 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 of the Robot battery charger. 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 must be switched off or 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 these functions, which are not associated with the battery charging process, 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 these functions by a means that is not controlled by the user. Dyson also requested an interim waiver from the existing DOE test procedure, which DOE granted. See 81 FR at 62489. After reviewing the alternate procedure suggested by Dyson, DOE granted the interim waiver because DOE determined that Dyson's petition for waiver will likely be granted and decided that it was desirable for public policy reasons to grant Dyson immediate relief pending a determination on the petition for waiver. Dyson's petition was published in the Federal Register on September 9, 2016. 81 FR 62489. DOE received no comments regarding Dyson's petition. On May 20, 2016, DOE published a test procedure final rule that adopted amendments to the battery charger test procedure found in Appendix Y. 81 FR 31827. Subsequently, on December 12, 2016, DOE issued a separate final rule to add a discrete test method for uninterruptible power supplies to the battery charger test procedure. 81 FR 89806. Neither of these final rules amended the provisions of the battery charger test procedure from which Dyson sought a waiver. Since the amendments in these final rules did not address the issues presented in the waiver petition, Dyson's interim waiver has remained in effect while DOE has evaluated the waiver petition. 10 CFR 430.27(h). III. Consultations With Other Agencies DOE consulted with the Federal Trade Commission (FTC) staff concerning the Dyson petition for waiver. The FTC staff did not have any objections to granting a waiver to Dyson. IV. Order After careful consideration of all the material that was submitted by Dyson and consultation with the FTC staff, in accordance with 10 CFR 430.27, it is ordered that: (1) The petition for waiver submitted by the Dyson Inc. (Case No. BC-001) is hereby granted as set forth in the paragraphs below. (2) Dyson must test and rate the Dyson basic models specified in paragraph (3) on the basis of the current test procedure contained in 10 CFR part 430, subpart B, appendix Y, except that Dyson, notwithstanding the instructions in Appendix Y sections 3.2.4 and 3.3.6, may disable power to functions not associated with the battery charging process by isolating a terminal of the battery pack using isolating tape, as shown in the Appendices to the petition for waiver. (3) This order applies only to the following basic model: RB01, marketed as the Dyson 360-Eye (``Robot''), battery charger. (4) This waiver shall remain in effect consistent with the provisions of 10 CFR 430.27. Issued in Washington, DC, on March 27, 2017. Steven G. Chalk, Acting Assistant Secretary, Energy Efficiency and Renewable Energy [FR Doc. 2017-06732 Filed 4-4-17; 8:45 am] BILLING CODE -P
![16580 Federal Register / Vol. 82, No. 64 / Wednesday, April 5, 2017 / Notices
international transmission facilities. node/11845, or by emailing Angela Troy forth below. The decision and order
That authority expires on July 13, 2017. at Angela.Troy@hq.doe.gov. grants Dyson a waiver from the
On March 13, 2017, DTE Energy Trading Issued in Washington, DC, on March 21, applicable battery charger test
filed an application with DOE for 2017. procedure in 10 CFR part 430, subpart
renewal of the export authority Christopher Lawrence, B, appendix Y for the battery charger
contained in Order No. EA–211 for an used in their robotic vacuum cleaner
Electricity Policy Analyst, Office of Electricity
additional five-year term. Delivery and Energy Reliability. model RB01, marketed as the Dyson
In its application, DTE Energy 360-Eye (‘‘Robot’’), provided that Dyson
[FR Doc. 2017–06731 Filed 4–4–17; 8:45 am]
Trading states that it does not own or tests and rates such products using the
BILLING CODE 6450–01–P
operate any electric generation or alternate test procedure described in
transmission facilities, and it does not this notice. Dyson’s representations
have a franchised service area. The DEPARTMENT OF ENERGY concerning the energy efficiency of this
electric energy that DTE Energy Trading product must be based on testing
proposes to export to Canada would be Office of Energy Efficiency and consistent with the provisions and
surplus energy purchased from third Renewable Energy restrictions in the alternate test
parties such as electric utilities and procedure set forth in the decision and
[Case No. BC–001] order below, and the representations
Federal power marketing agencies
pursuant to voluntary agreements. The must fairly disclose the test results.
Energy Conservation Program for Distributors, retailers, and private
existing international transmission Consumer Products: Decision and
facilities to be utilized by TPS have labelers are held to the same standard
Order Granting a Waiver to Dyson, Inc. when making representations regarding
previously been authorized by From the Department of Energy
Presidential Permits issued pursuant to the energy efficiency of these products.
Battery Charger Test Procedure (42 U.S.C. 6293(c))
Executive Order 10485, as amended,
and are appropriate for open access AGENCY: Office of Energy Efficiency and Not later than June 5, 2017, any
transmission by third parties. Renewable Energy, Department of manufacturer currently distributing in
Procedural Matters: Any person Energy. commerce in the United States a
desiring to be heard in this proceeding ACTION: Decision and order. product employing a technology or
should file a comment or protest to the characteristic that results in the same
application at the address provided SUMMARY: The U.S. Department of need for a waiver from the battery
above. Protests should be filed in Energy (DOE) gives notice of a decision charger test procedure must submit a
accordance with Rule 211 of the Federal and order (Case No. BC–001) that grants petition for waiver. 10 CFR 430.27(j).
to Dyson, Inc. (Dyson) a waiver from the Manufacturers not currently distributing
Energy Regulatory Commission’s (FERC)
DOE test procedure for determining the such products in commerce in the
Rules of Practice and Procedures (18
energy consumption of battery chargers. United States must petition for and be
CFR 385.211). Any person desiring to
Under this decision and order, Dyson is granted a waiver prior to distribution in
become a party to these proceedings
required to test and rate the battery commerce in the United States.
should file a motion to intervene at the
charger used in its robotic vacuum Manufacturers may also submit a
above address in accordance with FERC
cleaner model RB01, marketed as the request for interim waiver pursuant to
Rule 214 (18 CFR 385.214). Five copies
Dyson 360-Eye (Robot) using an the requirements of 10 CFR 430.27.
of such comments, protests, or motions
to intervene should be sent to the alternate test procedure to turn off Issued in Washington, DC, on March 27,
address provided above on or before the functions not associated with the battery 2017.
date listed above. charging process during the charge and Steven G. Chalk,
Comments and other filings maintenance mode test by isolating a Acting Assistant Secretary, Energy Efficiency
concerning DTE Energy Trading’s terminal of the battery pack using and Renewable Energy.
application to export electric energy to isolating tape when measuring energy
consumption. Decision and Order
Canada should be clearly marked with In the Matter of: Dyson, Inc. (Case No.
OE Docket No. EA–211–D. An DATES: This Decision and Order is
BC–001)
additional copy is to be provided effective April 5, 2017.
directly to both Cynthia Klots, DTE FOR FURTHER INFORMATION CONTACT: Mr. I. Background and Authority
Energy Trading, Inc., 414 S. Main Street, Bryan Berringer, U.S. Department of Title III, Part B 1 of the Energy Policy
Suite 200, Ann Arbor, MI 48104 and Energy, Building Technologies Program, and Conservation Act of 1975 (EPCA),
Jane E. Rueger, White & Case LLP, 701 Mail Stop EE–5B, Forrestal Building, Public Law 94–163 (42 U.S.C. 6291–
13th St. NW., Washington, DC 20005. 1000 Independence Avenue SW., 6309, as codified) established the
A final decision will be made on this Washington, DC 20585–0121. Energy Conservation Program for
application after the environmental Telephone: (202) 586–0371. Email: AS_ Consumer Products Other Than
impacts have been evaluated pursuant Waiver_Requests@ee.doe.gov. Automobiles, a program that includes
to DOE’s National Environmental Policy Mr. Peter Cochran, U.S. Department of battery chargers.2 Part B includes
Act Implementing Procedures (10 CFR Energy, Office of the General Counsel, definitions, test procedures, labeling
part 1021) and after a determination is Mail Stop GC–33, Forrestal Building, provisions, energy conservation
made by DOE that the proposed action 1000 Independence Avenue SW., standards, and the authority to require
will not have an adverse impact on the Washington, DC 20585–0103. information and reports from
jstallworth on DSK7TPTVN1PROD with NOTICES
sufficiency of supply or reliability of the Telephone: (202) 586–9496. Email: manufacturers. Further, Part B
U.S. electric power supply system. Peter.Cochran@hq.doe.gov.
Copies of this application will be SUPPLEMENTARY INFORMATION: In 1 For editorial reasons, upon codification in the
made available, upon request, for public accordance with Title 10 of the Code of U.S. Code, Part B was redesignated as Part A.
2 All references to EPCA in this document refer
inspection and copying at the address Federal Regulations (10 CFR to the statute as amended through the Energy
provided above, by accessing the 430.27(f)(2)), DOE gives notice of the Efficiency Improvement Act of 2015 (EEIA), Public
program Web site at http://energy.gov/ issuance of its decision and order as set Law 114–11 (April 30, 2015).
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![Federal Register / Vol. 82, No. 64 / Wednesday, April 5, 2017 / Notices 16581
authorizes the Secretary of Energy to battery charging process, user may disable power to functions not
prescribe test procedures that are controllable because they are an integral associated with the battery charging
reasonably designed to produce results part of the Robot itself. Therefore, in process by isolating a terminal of the
that measure energy efficiency, energy order to ascertain the true energy battery pack using isolating tape, as
use, or estimated operating costs during consumption characteristics of the shown in the Appendices to the petition
a representative average-use cycle, and battery charger during the test, Dyson for waiver.
that are not unduly burdensome to seeks permission to switch off these (3) This order applies only to the
conduct. (42 U.S.C. 6293(b)(3)) The test functions by a means that is not following basic model: RB01, marketed
procedure for battery chargers is controlled by the user. as the Dyson 360-Eye (‘‘Robot’’), battery
contained in Title 10 of the Code of Dyson also requested an interim charger.
Federal Regulations (CFR) part 430, waiver from the existing DOE test (4) This waiver shall remain in effect
subpart B, appendix Y, Uniform Test procedure, which DOE granted. See 81 consistent with the provisions of 10 CFR
Method for Measuring the Energy FR at 62489. After reviewing the 430.27.
Consumption of Battery Chargers. alternate procedure suggested by Dyson,
Issued in Washington, DC, on March 27,
The regulations set forth in 10 CFR DOE granted the interim waiver because 2017.
430.27 contain provisions that allow a DOE determined that Dyson’s petition
person to seek a waiver from the test for waiver will likely be granted and Steven G. Chalk,
procedure requirements for a particular decided that it was desirable for public Acting Assistant Secretary, Energy Efficiency
basic model of a type of covered product policy reasons to grant Dyson and Renewable Energy
when the petitioner’s basic model for immediate relief pending a [FR Doc. 2017–06732 Filed 4–4–17; 8:45 am]
which the petition for waiver was determination on the petition for BILLING CODE –P
submitted contains one or more design waiver. Dyson’s petition was published
characteristics that: (1) Prevent testing in the Federal Register on September 9,
according to the prescribed test 2016. 81 FR 62489. DOE received no ENVIRONMENTAL PROTECTION
procedure, or (2) cause the prescribed comments regarding Dyson’s petition. AGENCY
test procedures to evaluate the basic On May 20, 2016, DOE published a
model in a manner so unrepresentative [EPA–HQ–OPP–2007–1005; FRL–9960–77]
test procedure final rule that adopted
of its true energy consumption amendments to the battery charger test Chlorpyrifos; Order Denying PANNA
characteristics as to provide materially procedure found in Appendix Y. 81 FR and NRDC’s Petition To Revoke
inaccurate comparative data. 10 CFR 31827. Subsequently, on December 12, Tolerances
430.27(a)(1).DOE may grant the waiver 2016, DOE issued a separate final rule
subject to conditions, including to add a discrete test method for AGENCY: Environmental Protection
adherence to alternate test procedures. uninterruptible power supplies to the Agency (EPA).
10 CFR 430.27(f)(2). battery charger test procedure. 81 FR ACTION: Order.
II. Dyson’s Petition for Waiver: 89806. Neither of these final rules
amended the provisions of the battery SUMMARY: In this Order, EPA denies a
Assertions and Determinations
charger test procedure from which petition requesting that EPA revoke all
On April 7, 2016, Dyson filed a Dyson sought a waiver. Since the tolerances for the pesticide chlorpyrifos
petition for waiver from the DOE test amendments in these final rules did not under section 408(d) of the Federal
procedure for battery chargers under 10 address the issues presented in the Food, Drug, and Cosmetic Act and
CFR 430.27 for the battery charger used waiver petition, Dyson’s interim waiver cancel all chlorpyrifos registrations
in their robotic vacuum cleaner model has remained in effect while DOE has under the Federal Insecticide, Fungicide
RB01, marketed as the Dyson 360-Eye evaluated the waiver petition. 10 CFR and Rodenticide Act. The petition was
(Robot), which is required to be tested 430.27(h). filed in September 2007 by the Pesticide
using the DOE battery charger test Action Network North America
procedure at 10 CFR 430.23(aa) and III. Consultations With Other Agencies (PANNA) and the Natural Resources
detailed at 10 CFR part 430, subpart B, DOE consulted with the Federal Trade Defense Council (NRDC).
appendix Y. In its petition, Dyson asks Commission (FTC) staff concerning the DATES: This Order is effective April 5,
that the requirement contained in the Dyson petition for waiver. The FTC staff 2017. Objections and requests for
DOE test procedure for battery chargers did not have any objections to granting hearings must be received on or before
provided in 10 CFR part 430, subpart B, a waiver to Dyson. June 5, 2017, and must be filed in
appendix Y, section 4.4, Limiting Other
IV. Order accordance with the instructions
Non-Battery-Charger Functions, be
provided in 40 CFR part 178 (see also
waived with regard to testing of the After careful consideration of all the Unit I. of the SUPPLEMENTARY
Robot battery charger. According to material that was submitted by Dyson INFORMATION.)
subsection 4.4.b (and a related provision and consultation with the FTC staff, in
at section 5.6.c.1), any function accordance with 10 CFR 430.27, it is ADDRESSES: The docket for this action,
controlled by the user and not ordered that: identified by docket identification (ID)
associated with the battery charging (1) The petition for waiver submitted number EPA–HQ–OPP–2007–1005, is
process must be switched off or be set by the Dyson Inc. (Case No. BC–001) is available at http://www.regulations.gov
to the lowest power-consuming mode. hereby granted as set forth in the or at the Office of Pesticide Programs
Dyson asserts that in order to provide Regulatory Public Docket (OPP Docket)
jstallworth on DSK7TPTVN1PROD with NOTICES
paragraphs below.
the user with the advanced setting and (2) Dyson must test and rate the in the Environmental Protection Agency
management features of the Robot, the Dyson basic models specified in Docket Center (EPA/DC), West William
relevant functionalities and circuitry paragraph (3) on the basis of the current Jefferson Clinton Bldg., Rm. 3334, 1301
have to be powered at all times. test procedure contained in 10 CFR part Constitution Ave. NW., Washington, DC
Accordingly, Dyson does not believe it 430, subpart B, appendix Y, except that 20460–0001. The Public Reading Room
appropriate to make these functions, Dyson, notwithstanding the instructions is open from 8:30 a.m. to 4:30 p.m.,
which are not associated with the in Appendix Y sections 3.2.4 and 3.3.6, Monday through Friday, excluding legal
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Document Created: 2018-02-01 14:47:24
Document Modified: 2018-02-01 14:47:24
| 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 | Decision and order. | |
| Dates | This Decision and Order is effective April 5, 2017. | |
| Contact | Mr. Bryan Berringer, U.S. Department of Energy, Building Technologies Program, Mail Stop EE-5B, Forrestal Building, 1000 Independence Avenue SW., Washington, DC 20585-0121. Telephone: (202) 586-0371. Email: [email protected] | |
| FR Citation | 82 FR 16580 |
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