[Federal Register Volume 80, Number 151 (Thursday, August 6, 2015)]
[Proposed Rules]
[Pages 46855-46870]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-19105]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF ENERGY

10 CFR Parts 429 and 430

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


Energy Conservation Program: Test Procedures for Battery Chargers

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

ACTION: Notice of proposed rulemaking.

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

SUMMARY: The U.S. Department of Energy (DOE) is proposing to revise its 
test procedure for battery chargers established under the Energy Policy 
and Conservation Act of 1975, as amended (EPCA). These proposed 
revisions, if adopted, would harmonize the instrumentation resolution 
and uncertainty requirements with the second edition of the 
International Electrotechnical Commission (IEC) 62301 standard and 
other international standards for measuring standby power. 
Additionally, the proposed amendments would update and propose new 
battery selection criteria for multi-voltage, multi-capacity battery 
chargers, and

[[Page 46856]]

provide specific steps on how to select a battery for those chargers 
when more than one battery meets the selection criteria, such as with a 
multi-chemistry battery charger. The proposal also outlines new 
provisions for conditioning and discharging lead acid batteries.

DATES: Comments: DOE will accept comments, data, and information 
regarding this notice of proposed rulemaking before and after the 
public meeting, but no later than October 20, 2015. See section V, 
``Public Participation,'' for details.
    Meeting: DOE will hold a public meeting on Tuesday, September 15, 
2015 from 9 a.m. to 4 p.m., in Washington, DC. The meeting will also be 
broadcast as a webinar. See section V, ``Public Participation,'' for 
webinar registration information, participant instructions, and 
information about the capabilities available to webinar participants.

ADDRESSES: The public meeting will be held at the U.S. Department of 
Energy, Forrestal Building, Room 8E-089, 1000 Independence Avenue SW., 
Washington, DC 20585.
    Any comments submitted must identify the NOPR for Test Procedures 
for battery chargers and provide docket number EERE-2014-BT-TP-0044 
and/or regulatory information number (RIN) number 1904-AD45. Comments 
may be submitted using any of the following methods:
    1. Federal eRulemaking Portal: www.regulations.gov. Follow the 
instructions for submitting comments.
    2. Email: [email protected] Include the docket 
number and/or RIN in the subject line of the message.
    3. Mail: Ms. Brenda Edwards, U.S. Department of Energy, Building 
Technologies Program, Mailstop EE-2J, 1000 Independence Avenue SW., 
Washington, DC, 20585-0121. If possible, please submit all items on a 
CD. It is not necessary to include printed copies.
    4. Hand Delivery/Courier: Ms. Brenda Edwards, U.S. Department of 
Energy, Building Technologies Program, 950 L'Enfant Plaza SW., Suite 
600, Washington, DC, 20024. Telephone: (202) 586-2945. If possible, 
please submit all items on a CD. It is not necessary to include printed 
copies.
    For detailed instructions on submitting comments and additional 
information on the rulemaking process, see section V of this document 
(Public Participation).
    Docket: The docket, which includes Federal Register notices, public 
meeting attendee lists and transcripts, comments, and other supporting 
documents/materials, is available for review at regulations.gov. All 
documents in the docket are listed in the 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://www1.eere.energy.gov/buildings/appliance_standards/product.aspx?productid=84.
    This Web page will contain a link to the docket for this notice on 
the regulations.gov site. The regulations.gov Web page will contain 
simple instructions on how to access all documents, including public 
comments, in the docket. See section V for information on how to submit 
comments through regulations.gov.

FOR FURTHER INFORMATION CONTACT: Direct requests for additional 
information may be sent to Mr. Jeremy Dommu, U.S. Department of Energy, 
Office of Energy Efficiency and Renewable Energy, Building Technologies 
Program, EE-2J, 1000 Independence Avenue SW., Washington, DC 20585-
0121. Telephone: (202) 586-9870.
    Email: [email protected]
    In the office of the General Counsel, contact Mr. Michael Kido, 
U.S. Department of Energy, Office of the General Counsel, GC-33, 1000 
Independence Avenue SW., Washington, DC 20585-0121. Telephone: (202) 
586-8145. Email: [email protected].
    For further information on how to submit a comment, review other 
public comments and the docket, or participate in the public meeting, 
contact Ms. Brenda Edwards at (202) 586-2945 or by email: 
[email protected].

SUPPLEMENTARY INFORMATION: 

Table of Contents

I. Authority and Background
II. Summary of the Notice of Proposed Rulemaking
III. Discussion
    A. Battery Selection and Testing of Multi-Voltage, Multi-
Capacity Battery Chargers
    B. Back-Up Battery Chargers
    C. Measurement Accuracy and Precision
    D. Conditioning and Discharge Rate for Lead Acid Battery 
Chargers
    E. Sampling and Certification Requirements
    F. Enforcement Testing Sampling Plan
    G. Other Proposed Updates
    H. Effective Date and Compliance Date of Test Procedure
    I. Impact from the Test Procedure
    J. Wireless Power
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
V. Public Participation
    A. Attendance at Public Meeting
    B. Procedure for Submitting Prepared General Statements for 
Distribution
    C. Conduct of Public Meeting
    D. Submission of Comments
    E. Issues on Which DOE Seeks Comment
VI. 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. (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). Part B of 
Title III, which for editorial reasons was re-designated as Part A upon 
incorporation into the U.S. Code (42 U.S.C. 6291-6309, as codified), 
establishes the ``Energy Conservation Program for Consumer Products 
Other Than Automobiles.'' Battery chargers are among the products 
affected by these provisions.
    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 procedures. The 
testing requirements consist of test procedures that manufacturers of 
covered products must use as the basis for (1) certifying to DOE that 
their products comply with the applicable energy conservation standards 
adopted under EPCA, and (2) making representations about the efficiency 
of those products. Similarly, DOE must use these test procedures to 
determine whether the products comply with any relevant standards 
promulgated under EPCA.

[[Page 46857]]

General Test Procedure Rulemaking Process

    Under 42 U.S.C. 6293, EPCA sets forth the criteria and procedures 
DOE follows when prescribing or amending test procedures for covered 
products. EPCA provides in relevant part that any test procedures 
prescribed or amended under this section shall be reasonably designed 
to produce test results that measure the energy efficiency, energy use, 
or estimated annual operating cost of a covered product during a 
representative average use cycle or period of use and shall not be 
unduly burdensome to conduct. (42 U.S.C. 6293(b)(3))
    In addition, when DOE determines that a test procedure requires 
amending, it publishes a notice with the proposed changes and offers 
the public an opportunity to comment on the proposal. (42 U.S.C. 
6293(b)(2)) As part of this process, DOE determines the extent to 
which, if any, the proposed test procedure would alter the measured 
energy efficiency of any covered product as determined under the 
existing test procedure. (42 U.S.C. 6293(e)(1))
    Section 135 of the Energy Policy Act of 2005 (``EPACT 2005''), 
Public Law 109-58 (Aug. 8, 2005), amended sections 321 and 325 of EPCA 
by adding certain provisions related to battery chargers. Among these 
provisions were new definitions defining 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. See 71 
FR 71340 (codified at 10 CFR part 430, subpart B, appendix Y ``Uniform 
Test Method for Measuring the Energy Consumption of Battery 
Chargers''). Lastly, DOE incorporated by reference specific sections of 
the EPA's ``Test Methodology for Determining the Energy Performance of 
Battery Charging Systems'' when measuring inactive mode energy 
consumption.
    Section 310 of the Energy Independence and Security Act of 2007 
(``EISA 2007''), Public Law 110-140 (Dec. 19, 2007) then amended 
section 325 of EPCA by defining active mode, standby mode, and off 
mode. (42 U.S.C. 6295(gg)(1)(A)) This section also directed DOE to 
amend its existing test procedures 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, the Department issued a notice of proposed 
rulemaking (NOPR) in 2008, 73 FR 48054 (Aug. 15, 2008), and a final 
rule in early 2009 to establish definitions for these terms. (74 FR 
13318, March 27, 2009)
    Subsequently, in response to numerous testing issues raised by 
commenters in the context of DOE's energy conservation standards 
rulemaking efforts for battery chargers,\1\ 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 the 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.
---------------------------------------------------------------------------

    \1\ U.S. Department of Energy--Office of Energy Efficiency and 
Renewable Energy. Energy Conservation Program for Consumer Products 
Energy Conservation Standards Rulemaking for Battery Chargers and 
External Power Supplies. May 2009. Washington, DC. Available at: 
http://www1.eere.energy.gov/buildings/appliance_standards/residential/pdfs/bceps_frameworkdocument.pdf.
---------------------------------------------------------------------------

    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 then-present in appendix Y to 
subpart B of part 430 in the CFR. 76 FR 31750 (June 1, 2011). That rule 
became effective 30 days after publication in the Federal Register, but 
manufacturers were allotted 180 days from the rule's publication to use 
the new test procedure when making written representations of the 
energy efficiency of their chargers. 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 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 
efficiency 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). This NODA sought 
comment from stakeholders concerning the repeatability of the test 
procedure when testing battery chargers with several consumer 
configurations, and on the anticipated market penetration of new 
battery charging technologies that may require further revisions to 
DOE's regulations. DOE also sought comment on the reporting 
methodologies for manufacturers attempting to comply with the 
California 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 ensure the test procedure's clarity, DOE's proposal, which is 
based on commenter feedback to the NODA, would make certain 
clarifications to appendix Y to subpart B of 10 CFR part 430 and 
include a sampling plan for battery chargers in 10 CFR part 429. These 
proposed changes would include updated references to the latest version 
of IEC 62301 and clarify DOE's test methods for specific types of 
battery chargers to better reflect evolving technologies.

II. Summary of the Notice of Proposed Rulemaking

    This proposal seeks to make several changes to the current test 
procedure for measuring the energy use of battery chargers.
    First, DOE is proposing to amend the existing battery selection 
criteria to limit the number of batteries selected for testing to a 
single battery. DOE is proposing that only the battery with the highest 
rated voltage and/or highest rated charge capacity, from those among 
which the battery charger is capable of charging, would be tested for 
each basic model. Additionally, DOE is proposing that if at least two 
distinct batteries meet the criteria of having the highest rated 
voltage and highest rated charge capacity, the battery charger and 
battery combination with the highest maintenance mode power would be 
selected for testing. (``Maintenance mode'' is defined as ``the mode of 
operation when the battery charger is connected to the main electricity 
supply

[[Page 46858]]

and the battery is fully charged, but is still connected to the 
charger.'' See 10 CFR part 430, subpart B, appendix Y, Sec. 2.8.)
    Second, the proposed changes would exclude back-up battery chargers 
embedded in continuous use devices from being required to be tested 
under the DOE procedure. This proposed exclusion would harmonize with 
DOE's approach currently under consideration regarding the potential 
regulation of battery back-up systems (including uninterruptible power 
supplies (UPSs)) as part of the Computer and Back-up Battery Systems 
rulemaking.
    Third, the proposed changes would harmonize DOE's test procedure 
with the latest version of IEC 62301 by providing specific resolution 
and measurement tolerances. These specifications would assist in 
ensuring that testing is performed with equipment that is capable of 
reaching these tolerances and that the resulting measurements are 
repeatable and reproducible.
    Fourth, DOE is proposing to change how lead acid batteries are 
conditioned and discharged by applying the protocol currently used for 
all other battery chemistries (excluding lithium-ion) to lead acid 
batteries. DOE has become aware that a lead acid battery's condition 
may vary upon purchase and this variation can impact lead acid battery 
performance. In an effort to minimize these effects, DOE is proposing 
to require that the batteries be conditioned prior to testing. 
Additionally, DOE has been informed that discharge rate can 
significantly impact the nominal battery energy of lead acid batteries, 
especially in the case of flooded lead acid batteries. Stakeholders 
have claimed that the discharge rate as determined by the current DOE 
test procedure is higher than that during typical use, and therefore 
does not give an accurate representation of the battery energy in lead 
acid batteries. (NMMA, No. 12, p. 4) Accordingly, DOE is proposing to 
lengthen the discharge time for lead acid batteries to mitigate these 
effects.
    Fifth, DOE is proposing to add product-specific certification 
reporting requirements into 10 CFR 429.39(b), which is currently 
reserved. DOE is also proposing to add a sampling methodology to be 
used for determining representations of efficiency, energy and power 
consumption, and other key battery charger characteristics. These 
proposals would specify the required data elements to certify 
compliance with any energy conservation standards for battery chargers 
that DOE may adopt, and also would provide a method for DOE to enforce 
compliance with any energy conservation standards for battery chargers 
that DOE may promulgate.
    Sixth, DOE is proposing to correct an internal cross-reference in 
the current version of Table 3.1 contained in 10 CFR part 430, subpart 
B, appendix Y and to add units to the measured and calculated values in 
the table. The updates would also remove the empty value column 
currently found in Table 3.1. DOE is also proposing to specify in 
section 430.23(aa) that battery discharge energy should be measured 
according to section 3.8 of appendix Y.
    The table below summarizes the changes and the affected sections of 
10 CFR parts 429 and 430.

 Table II.1--Summary of Proposed Changes and Affected Sections of 10 CFR
                            Parts 429 and 430
------------------------------------------------------------------------
                                               Summary of proposed
           Sections to modify                     modifications
------------------------------------------------------------------------
                  Subpart B of Part 429--Certification
------------------------------------------------------------------------
429.39(b) Certification Reports........   Create new paragraph
                                          (b), specifying requirements
                                          for certifications of
                                          compliance with energy
                                          conservation standards for
                                          battery chargers.
------------------------------------------------------------------------
                   Subpart C of Part 429--Enforcement
------------------------------------------------------------------------
Appendix D.............................   Create new appendix to
                                          include sampling plan for
                                          enforcement testing.
------------------------------------------------------------------------
                Subpart A of Part 430--General Provisions
------------------------------------------------------------------------
Sec.   430.2. Definitions..............   Amend definitions of
                                          ``direct operation external
                                          power supply.''
                                          Add definition of
                                          ``back-up battery charger.''
------------------------------------------------------------------------
 Appendix Y to Subpart B of Part 430--Uniform Test Method for Measuring
               the Energy Consumption of Battery Chargers
------------------------------------------------------------------------
1. Scope...............................   Insert exceptions for
                                          back-up battery chargers
                                          embedded in continuous use
                                          devices and wireless charging
                                          systems that do not fix the
                                          position of the device during
                                          charging.
3. Standard Test Conditions............   Incorporate by
                                          reference the uncertainty
                                          requirements of IEC 62301 (2nd
                                          Ed.) in 3.2(a).
                                          Correct the internal
                                          cross-reference in Table 3.1
                                          for item 4 and modify the
                                          table by removing the current
                                          ``value'' column and adding
                                          units to the table as
                                          appropriate.
4. Unit Under Test (UUT) Setup            Clarify in section
 Requirements.                            4.3.b that a single battery
                                          should be selected as a result
                                          of applying the battery
                                          selection criteria in Table
                                          4.1.
                                          Insert section 4.3.b.1
                                          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.
                                          Update Table 4.1 to
                                          remove instances of multiple
                                          batteries for test and to
                                          instruct that, where
                                          applicable, the highest
                                          voltage or highest charge
                                          capacity battery, or
                                          combination for multi-port
                                          battery chargers, must be
                                          tested. Remove column ``number
                                          of tests.''
5. Test Measurement....................   Remove reference to
                                          lead acid batteries from
                                          section 5.3(a).
                                          Insert provision for
                                          lead acid batteries to be
                                          discharged to 50% of rated
                                          voltage in section
                                          5.3(c)(2)(i).

[[Page 46859]]

 
                                          Remove reference to
                                          lead acid from section 5.3(d).
                                          Removed discharge
                                          current value ``.2C'' from
                                          section 5.8(c)(2).
                                          Updated discharge rate
                                          and termination voltage for
                                          VRLA and Flooded Lead Acid in
                                          Table 5.2.
------------------------------------------------------------------------

III. Discussion

    In response to the May 2014 NODA, DOE received written comments 
from 15 interested parties, including manufacturers, trade 
associations, standards development organizations, and energy 
efficiency advocacy groups. Table III.1 lists the entities that 
commented on that NODA 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;D=EERE-2014-BT-NOA-0012;dct=PS.


                       Table III-1--Interested Parties That Commented on the May 2014 NODA
----------------------------------------------------------------------------------------------------------------
                                                                                                    Comment No.
                Commenter                           Acronym               Organization type/          (Docket
                                                                              affiliation           reference)
----------------------------------------------------------------------------------------------------------------
Alliance for Wireless Power.............  A4WP......................  Trade Association.........              17
Arris Group, Inc........................  ARRIS.....................  Manufacturer..............              12
Association of Home Appliance             AHAM......................  Standard Development                    18
 Manufacturers.                                                        Organization.
California Investor-Owned Utilities.....  CA IOUs...................  Utilities.................              15
Consumer Electronics Association........  CEA.......................  Trade Association.........              21
Energizer Holdings, Inc.................  Energizer.................  Manufacturer..............               8
Information Technology Industry Council.  ITI.......................  Trade Association.........              19
Johnson Outdoors Marine Electronics.....  JOME......................  Manufacturer..............               9
National Electrical Manufacturers         NEMA......................  Trade Association.........               7
 Association.
National Marine Manufacturers             NMMA......................  Trade Association.........              11
 Association.
Natural Resources Canada/ECOVA..........  NRCan (ECOVA).............  Efficiency Advocacy Group.              16
National Resources Defense Council......  NRDC......................  Efficiency Advocacy Group.              20
Power Tool Institute....................  PTI.......................  Trade Association.........              13
Proctor & Gamble........................  P&G.......................  Manufacturer..............              10
Telecommunications Industry Association.  TIA.......................  Standard Development                    14
                                                                       Organization.
----------------------------------------------------------------------------------------------------------------

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

    DOE sought comments on the existing battery selection methodology 
included in section 4.3 ``Selection of Batteries To Use for Testing'' 
of the test procedure in its recent NODA as it relates to multi-
voltage, multi-voltage and multi-capacity, and multi-chemistry battery 
chargers. See 79 FR 27774, 27776-27777 (May 15, 2014).The submitted 
comments suggested that errors may be introduced when testing these 
types of battery chargers and raised questions about the repeatability 
of the test procedure when testing battery chargers capable of charging 
batteries of different chemistries (i.e., chargers capable of handling 
multiple battery chemistries such as lithium and nickel metal hydride). 
PTI urged DOE to state explicitly how each battery charger and battery 
combination should be rated. (PTI, Pub. Mtg. Transcript, No. 6 at p. 
77) ITI commented that the current test procedure leaves significant 
room for error and does not employ effective, reasonable and repeatable 
test conditions for these types of battery chargers. (ITI, No. 19, pp. 
2-3) The CA IOUs and NRDC both offered solutions to eliminate ambiguity 
in battery selection for these battery chargers by suggesting that the 
least expensive battery or the battery which represents the most common 
intended use be selected. (California IOUs, No. 15, p. 2, NRDC, No. 20, 
p. 2) DOE took all of these comments into account when developing its 
proposal.
    Under the current provisions for battery selection, a multi-
voltage, multi-capacity battery charger must be tested with as many as 
three distinct battery types. The battery selection procedure under 
Appendix Y, Section 4, Table 4.1, lays out three sets of testing 
scenarios:
    (a) Test unit with the lowest voltage, lowest capacity battery 
utilizing only one port.
    (b) Test unit with the highest voltage, lowest capacity battery 
utilizing only one port.
    (c) Use all ports and use the battery or configuration of batteries 
with the highest total rated energy capacity.
    Per section 4.3.a(2), if no batteries are packaged with the 
charger, but the instructions specify or recommend batteries for use 
with the charger, batteries for testing must be those recommended or 
specified in the instructions and must be selected according to the 
procedure in section 4.3.b, which generally requires that a tester use 
Table 4.1 to determine which batteries to use when testing the 
efficiency of a given battery charger. In the case of multi-chemistry 
battery chargers, multiple batteries of differing chemistries may meet 
the criteria outlined in 4.3.b for a single battery selection and test. 
Specifically, the current test procedure is not clear which battery 
chemistry, or chemistries, should be selected for testing--it indicates 
only that the battery with the highest voltage or highest rated charge 
capacity be selected. In this case, the test results for each battery 
of differing chemistries may be inconsistent even though they have the 
same voltage and charge capacity. Finally, DOE realizes that the 
current battery selection criteria can result in the selection of up to 
three separate batteries for testing, which increases testing burden 
and may create ambiguity as to which test result to use when making a 
representation about the energy efficiency of a battery charger.

[[Page 46860]]

DOE is proposing an approach that would reduce ambiguity and testing 
burden, while yielding repeatable measurements of a tested unit's 
energy use.
    Specifically, to eliminate potential ambiguity and reduce testing 
burden, DOE is proposing 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 the battery with the highest 
voltage and/or highest charge capacity be selected. In doing so, DOE's 
goal is to test the charger in the mode for which the battery charger 
is designed to operate optimally. Based on feedback from industry 
representatives and consultation with subject matter experts, DOE 
understands that, if required to operate over a range of outputs, power 
electronics, including battery chargers, are typically designed to 
optimize components at the high output range of the device. Therefore, 
DOE believes these test results will be representative of the typical 
energy consumption of the battery charger and reduce the possibility of 
placing undue burden on manufacturers of chargers that are able to 
charge lower voltage, lower capacity batteries.
    To address these same issues, DOE is also proposing that if a 
battery charger is multi-voltage and multi-capacity and capable of 
charging batteries of multiple chemistries (such that two or more 
batteries, each with a unique chemistry, meet the proposed selection 
criteria) the battery and battery charger combination resulting in the 
highest maintenance mode power would be chosen for testing.
    DOE anticipates that, with these proposed changes, there will be 
only one set of test results, and a single rating, for each basic model 
of battery charger. The resulting energy consumption calculation would 
be repeatable and representative of each basic model's energy use for 
which it has been optimized, while eliminating the ambiguity that 
appears to be present in the current version of the procedure. 
Additionally, by reducing the number of tests required, DOE believes 
that the overall test burden would be reduced. DOE seeks comment on the 
proposed methodology for selecting batteries for multi-voltage, multi-
capacity battery chargers, and for those cases when the battery 
selection criteria results in two or more unique batteries (e.g., 
multi-chemistry battery chargers).
    DOE notes that it also considered several other options to modify 
the test procedure to clarify how to measure the energy use of, and 
obtain a single set of energy consumption ratings for, multi-voltage 
and multi-capacity battery chargers. First, DOE considered requiring 
the existing battery selection criteria to be applied and then 
averaging the test results to produce one set of test results. Second, 
DOE considered modifying the battery selection criteria to require that 
only the battery with the lowest voltage and/or lowest rated charge 
capacity be selected for testing. Lastly, in the case of multi-
chemistry battery chargers, DOE considered requiring the battery 
charger be considered a basic model for each base chemistry it was 
capable of charging and apply the battery selection criteria separately 
for each chemistry, or basic model.
    Each one of these proposed solutions, however, resulted in 
solutions that did not fully accomplish DOE's goals. The first option, 
while producing a single set of test results, could result in an 
unrepresentative measurement of the true energy consumption consistent 
with any configuration of batteries the battery charger is capable of 
charging. The second option, while similar to DOE's proposal, would not 
produce results representative of the higher range for which battery 
chargers are, typically, optimally designed when capable of charging 
multiple voltages and capacities. Finally, in addressing battery 
chemistry, treating each chemistry mode as a unique basic model, with 
either of the previous options discussed above, did not produce a 
single metric and could increase the testing burden on some 
manufacturers. In DOE's view, this approach would produce test results 
that are repeatable and representative of the typical energy 
consumption of the battery charger under test and at the same time 
reduce testing burden on manufacturers. While DOE's preliminary 
determination is that these options conflict with those intentions, DOE 
is seeking comment on these other options as well.

B. Back-Up Battery Chargers

    DOE sought comments on applying the current test procedure to 
battery chargers embedded in continuous use products, or back-up 
battery chargers, in the recent NODA. See 79 FR 27774. Based on 
comments received from interested parties and DOE's own analysis, DOE 
is proposing to define back-up battery chargers and exclude them from 
the scope of this test procedure. DOE is proposing 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 continuously 
operate using main 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 previously referred to these battery chargers 
in the context of continuous use devices in the May 2014 NODA. Examples 
of such devices that integrate back-up battery chargers include UPSs 
and some cable modems. Interested parties noted to DOE that continuous 
use devices are becoming increasingly integrated with a variety of 
products that do not perform back-up battery charging as a primary 
function of the device. As a result of this integrated approach, the 
battery charging function in these products often cannot be isolated 
during testing (ARRIS, No. 22, p. 2). While the test procedure is 
designed to measure the energy consumption and efficiency of the 
battery charging functionality, the method is limited when applied to a 
battery charger that is embedded among other functions that cannot be 
isolated during testing. Citing this reason, ARRIS suggested that these 
types of devices be excluded from the scope of the test procedure. 
(ARRIS, No. 22, p. 2).
    ARRIS also noted that, in the event that DOE does not exclude these 
types of back-up battery chargers embedded in continuous use devices 
from the scope of this procedure, DOE should add provisions 
specifically to address the testing of these units. ARRIS suggested 
amending the test procedure to provide for measurement of only the 
battery charging functionality of continuous use devices that lack an 
on/off switch and for which the battery cannot be removed. The 
suggested alternative includes measuring 24-hour energy consumption 
(``E24'') with a fully charged battery, then again measuring E24 with a 
discharged battery. ARRIS's approach would use the absolute difference 
between these two values to represent the 24-hour energy consumption of 
the unit under test (UUT). (ARRIS, No. 12, p. 4-6)
    Additionally, the CA IOUs and NRDC both suggested that if DOE plans 
to require back-up battery chargers embedded in continuous use devices 
to be tested under the current test procedure, manufacturers should add 
an on-off switch to turn off all additional functionality. (CA IOUs, 
No. 15, p. 3, NRDC, No. 20, p. 3) ARRIS argued, however, that adding 
switches to disable non-charging functionality in a device where 
multiple functions, including battery charging, have been integrated at 
the system or chipset level--which helps achieve lower manufacturing 
costs and increased reliability and energy efficiency--is not feasible. 
(ARRIS, No. 22, p. 3).

[[Page 46861]]

    Based on its own testing data and the feedback received from 
commenters, at this time, DOE is proposing to exclude back-up battery 
chargers that are embedded in continuous devices from the testing 
requirements of the DOE battery charger test procedure. DOE may revisit 
this decision in the future as circumstances permit.
    Consistent with this proposed approach, DOE is also proposing to 
define the term ``back-up battery charger'' in Sec.  430.2 and add to 
Section 1 of Appendix Y language specifying that back-up battery 
chargers would be excluded from the scope of the test procedure. DOE 
recognizes that its previously proposed standards for battery chargers 
considered products that would now be excluded from the scope of the 
test procedure. If back-up battery chargers were removed from the scope 
of test procedure, DOE would no longer consider establishing 
conservation standards for these types of products as part of a 
standards rulemaking for battery chargers. However, DOE is considering 
energy conservation standards for some battery back-up systems 
(including UPSs) as part of the Computer and Back-up Battery Systems 
rulemaking. DOE seeks comments on this approach.

C. Measurement Accuracy and Precision

    On June 13, 2005, the IEC published its first edition of testing 
standard IEC 62301, which provided a method for measuring standby power 
of household appliances. The standard quantified minimum resolution 
requirements for energy measurement instruments and outlined the 
necessary procedures to ensure stable energy readings for any UUT. The 
standard also set limits on the uncertainties associated with any 
measurement taken that is meant to represent the energy consumption of 
a household device. It has since become recognized by many regulatory 
bodies as the default guideline for any power or energy measurement 
required for formal certification. DOE subsequently 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. 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.
    To continue to ensure test methods are harmonized, DOE is proposing 
to incorporate by reference the resolution parameters for power 
measurements and uncertainty methodologies found in Section 4 of the 
second edition of the IEC 62301 standard. DOE seeks comment on the 
merits of incorporating these revisions into the current battery 
chargers test procedure in Appendix Y. DOE also seeks comment regarding 
whether the use of Annex B and Annex D should be mandatory to ensure 
the most accurate test results.

D. Conditioning and Discharge Rate for Lead Acid Battery Chargers

    DOE received several comments from stakeholders suggesting changes 
to both the conditioning of lead acid batteries and the discharge rate 
for lead acid batteries. In some cases, DOE's own research also points 
to a potential need to modify the current procedure to better account 
for the specific characteristics of lead acid batteries. Currently, no 
conditioning is performed for lead acid batteries. See 10 CFR part 430, 
appendix Y, sec. 5.3.a.
    First, Johnson Outdoor Marine Electronics (JOME) provided test 
results with its comments indicating that the discharge energy of lead 
acid batteries varies over several cycles. These results are contrary 
to certain lead acid battery manufacturers' claims that conditioning is 
not required. JOME stated that typical lead acid batteries are only at 
75 to 80 percent capacity when they are delivered in new condition, and 
JOME's test results show that lead acid battery discharge energy could 
increase after just two cycles, the current value for all other battery 
chemistries. (JOME, No. 9, p. 4-5) These data suggest that applying the 
conditioning protocol outlined in the current appendix Y, section 5.3.c 
(for batteries of other chemistries) as a prerequisite, prior to 
testing lead acid batteries, will produce a more accurate 
representation of battery discharge energy.
    Providing the option of various discharge rates during battery 
conditioning would also allow manufacturers to increase conditioning if 
needed. JOME's data suggest that additional conditioning may be needed 
to maximize discharge energy--in some cases up to 4 cycles or more. 
Furthermore, JOME added that its conversations with battery 
manufacturers indicate that a 50%-80% depth of discharge would produce 
more accurate and representative results for lead acid batteries. 
(JOME, No. 9, p. 4) To account for these issues, DOE is proposing to 
apply the same battery conditioning provisions found in appendix Y, 
Section 5.3.c, to lead acid batteries and use a 50% depth of discharge 
during conditioning. DOE is seeking comment on applying the 
conditioning protocol (two charges and two discharges, followed by a 
charge, as a minimum) outlined in section 5.3.c of the test procedure 
to lead acid batteries. DOE also seeks comment on amending the depth of 
discharge requirement, during conditioning only, to 50% of the rated 
voltage of the battery and what alternative depth of discharge 
requirements (if any) should apply to lead acid batteries.
    Second, JOME, the National Marine Manufacturers Association (NMMA), 
and DOE's own research, indicate that the amount of usable energy 
extracted from a lead acid battery is inversely proportional to its 
discharge rate.\2\ (NMMA, No. 12, p. 3) Thus, a lead acid battery 
discharged over a span of 10 hours produces a higher amount of overall 
measured energy than one discharged over a period of 5 hours. To 
address this issue, NMMA suggested that DOE allow for a longer 
discharge cycle than the current 5 hours required in the battery 
charger test procedure. (NMMA, No. 12, p. 4) Given that a longer 
discharge rate may be more representative for certain lead acid 
batteries, particularly those used in marine applications, DOE is 
proposing to amend its procedure by providing manufacturers with the 
option to choose between a 5-hour (C/5 or .2C), 10-hour (C/10 OR .1C), 
or 20-hour (C/20 OR .05C) discharge rate when testing with batteries 
that are rated above 1,000 watt-hours (Wh). DOE is limiting this option 
to those batteries that are above 1,000 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. DOE seeks comment 
on its proposed approach for lead acid batteries and whether the 
approach as described above would require any adjustments. Should 
adjustments be needed, DOE seeks feedback on what those adjustments 
should be.
---------------------------------------------------------------------------

    \2\ Perez, Richard. ``Lead-Acid Battery State of Charge vs. 
Voltage.'' Home Power #36 (August/September 1993). Web 2014. http://www.zetatalk4.com/docs/Batteries/FAQ/State_Of_Charge_Ver_Voltage_2004+.pdf.

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

[[Page 46862]]

E. Sampling and Certification Requirements

    DOE is proposing 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 a represented value 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. For each 
basic model, these ratings would be determined by applying the 
statistical requirements outlined in 10 CFR 429.39 to a sample of 
battery charger units that are tested according to the test procedure 
in appendix Y. Specifically, a represented value would be calculated in 
watts (W) for the measured maintenance mode power, the measured standby 
mode power, and the measured off mode power; the Wh rating would be 
calculated for the measured battery discharge energy and the measured 
24-hour energy consumption. Additionally, the proposal would require 
the certification report for each basic model of battery charger to 
include each of the aforementioned represented values, along with the 
manufacturer and model of the test battery used; the nameplate battery 
voltage of the test battery in volts (V); the nameplate charge capacity 
of the test battery in ampere-hours (Ah); the nameplate charge energy, 
if available, of the battery in watt hours (Wh); the brand and model, 
when applicable, of the external power supply (EPS) used for testing; 
\3\ and the average duration of the charge and maintenance mode test in 
hours (hr).
---------------------------------------------------------------------------

    \3\ The test procedure states in section 4.1.a that ``[t]he 
battery charger system shall be prepared and set up in accordance 
with the manufacturer's instructions.'' See 10 CFR 430 appendix Y to 
subpart B. Battery charger systems that include an EPS should be 
tested with the EPS that is sold with the battery charger system in 
accordance with the manufacturer's instructions. For battery 
chargers that use an EPS but are not sold with an EPS, the system 
should be tested according to the manufacturer's instructions on how 
to supply power to the battery charger. Providing the manufacturer 
and model for the EPS in the certification report would help ensure 
test result repeatability in cases where the EPS necessary to supply 
power to the charger is not included.
---------------------------------------------------------------------------

    In 2012, DOE proposed to regulate battery charger energy use with a 
single metric--Unit Energy Consumption (UEC)--derived from a 
calculation of the amount of energy consumed by the battery charger 
over the course of year. 77 FR 18478 (March 27, 2012). The inputs into 
this calculation would include the represented values that DOE is 
proposing to include as part of the certification requirements, along 
with constants used to represent the estimated number of charges per 
day and the number of hours each day that the battery charger spends in 
each mode of operation. These usage profile assumptions were originally 
proposed as part of the March 2012 NOPR. Therefore, should DOE finalize 
energy conservation standards using the same UEC approach proposed in 
the NOPR, the represented values included on the certification report 
would allow DOE to calculate the UEC of each certified basic model of 
battery charger and ensure compliance with energy conservation 
standards.
    DOE seeks comment on its proposal to update the sampling 
requirements and reporting requirements for battery chargers to include 
the data required to identify the battery charger and battery, as well 
as measured ratings recorded in the test procedure. DOE is particularly 
interested in whether the inclusion of these proposed categories of 
information would present a significant burden on manufacturers to 
produce as part of a submitted certification report--and if so, why.

F. Enforcement Testing Sampling Plan

    To ensure that manufacturers of consumer products comply with the 
applicable energy conservation standards, DOE conducts enforcement 
testing by randomly selecting a sample of units and testing them 
according to the test procedure. DOE then compares the results obtained 
through this enforcement testing to the applicable energy conservation 
standard to determine whether the basic model meets that standard. DOE 
is proposing a sampling and calculation method for DOE to assess the 
compliance of battery charger basic models.
    When conducting enforcement testing for battery chargers, DOE is 
proposing to test a sample of at least 4 units of a battery charger 
basic model according to the provisions of the test procedure. DOE 
would then determine the sample mean for each of the output metrics of 
the test procedure, and then use those sample means to calculate the 
basic model's UEC according to the UEC equation that would be set forth 
as part of an energy conservation standard for battery chargers. DOE 
would then determine compliance by comparing the UEC calculated as part 
of enforcement testing to the applicable energy conservation standard. 
DOE is proposing to add Appendix D to Subpart C of Part 429 of the CFR 
to describe the methodology that DOE would use when conducting 
enforcement testing of battery chargers. DOE seeks comments on this 
proposal.

G. Other Proposed Updates

    DOE is also proposing to update Table 3.1 of Appendix Y to correct 
a cross-reference error and eliminate a redundant column. The Active 
and Maintenance Mode Energy Consumption item on the fourth line in this 
table currently references section 5.8, when it should reference 
section 5.6, ``Testing Charge Mode and Battery Maintenance Mode.'' 
Additionally, DOE is proposing to remove the current ``Value'' column 
because the information from that column can be inserted in the column 
labeled ``Name of measured or calculated value'' column to reduce the 
table's complexity. DOE seeks comment on these proposed simplification 
changes.

H. Effective Date and Compliance Date of Test Procedure

    If adopted, the effective date for the battery charger test 
procedure would be 30 days after publication of the test procedure 
final rule in the Federal Register. At that time, any measure of energy 
consumption relying on these metrics may be represented pursuant to the 
final rule. Consistent with 42 U.S.C. 6293(c), representations of the 
energy consumption or energy efficiency of battery chargers must be 
based on the new test procedure and sampling plans as of 180 days after 
the date of publication of the test procedure final rule. Starting on 
that date, any such representations, including those made on marketing 
materials, Web sites (including qualification with a voluntary or State 
program), and product labels would be required to be based on results 
generated using the proposed procedure as well as the sampling plan in 
10 CFR part 429.

I. Impact From the Test Procedure

    When proposing to amend a test procedure, DOE typically determines 
the extent to which, if any, the proposed test procedure would alter 
the measured energy efficiency of any covered product when compared to 
the existing test procedure. (42 U.S.C. 6293(e)(1)). Because DOE does 
not currently have energy conservation standards for battery chargers, 
this proposal would not affect this provision.

J. Wireless Power

    In a March 2012 standards NOPR for battery chargers and EPSs, DOE 
noted that there are a number of different products under the broad 
umbrella of ``wireless power,'' including both battery chargers and 
EPSs. See 77 FR 18478 (March 27, 2012) (notice of proposed rulemaking 
to set standards for battery chargers and external power

[[Page 46863]]

supplies). In the May 2014 battery charger NODA, DOE sought input on 
wireless charging stations that are specifically designed to operate in 
dry environments, although DOE did not explicitly consider these 
products when first developing the battery charger test procedure. (79 
FR at 27776-27777) DOE plans to address this issue in a separate 
rulemaking.

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 (October 4, 1993). Accordingly, this 
action was not subject to review under the Executive Order by the 
Office of Information and Regulatory Affairs (OIRA) in the Office of 
Management and Budget.

B. Review Under the Regulatory Flexibility Act

    The Regulatory Flexibility Act (5 U.S.C. 601 et seq.) requires 
preparation of an initial regulatory flexibility analysis (IFRA) 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 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.
    For manufacturers of battery chargers, the Small Business 
Administration (SBA) has set a size threshold, which defines those 
entities classified as ``small businesses'' for the purposes of the 
statute. DOE used the SBA's small business size standards to determine 
whether any small entities would be subject to the requirements of the 
rule. 65 FR 30836, 30848 (May 15, 2000), as amended at 65 FR 53533, 
53544 (September 5, 2000) and codified at 13 CFR part 121. The size 
standards are listed by North American Industry Classification System 
(NAICS) code and industry description and are available at http://www.sba.gov/content/summary-size-standards-industry. Battery charger 
manufacturers are classified under NAICS 335999, ``All Other 
Miscellaneous Electrical Equipment and Component Manufacturing.'' The 
SBA sets a threshold of 500 employees or less for an entity to be 
considered as a small business for this category.
    As discussed in the March 2012 NOPR, DOE identified one battery 
charger original device manufacturer with domestic manufacturing. Based 
on manufacturer interviews and DOE's research, DOE believes that almost 
all battery charger manufacturing takes place abroad. Also, in the NOPR 
and at the NOPR public meeting DOE asked for comment regarding the 
impacts on small battery charger manufacturers and it received no 
comments. Therefore, based on the information DOE currently has at 
hand, DOE certifies that this proposed rule is unlikely to have a 
significant impact on a substantial number of small entities.
    DOE reviewed this proposed rule under the provisions of the 
Regulatory Flexibility Act and the procedures and policies published on 
February 19, 2003. This proposed rule prescribes certain limited 
clarifying amendments to an already-existing test procedure that will 
help manufacturers and testing laboratories to consistently conduct 
that procedure when measuring the energy efficiency of a battery 
charger, including in those instances where compliance with the 
applicable Federal energy conservation standard is being assessed. DOE 
has tentatively concluded that the proposed rule would not have a 
significant impact on a substantial number of small entities. 
Accordingly, DOE has not prepared a regulatory flexibility analysis for 
this rulemaking. DOE will transmit the certification and supporting 
statement of factual basis to the Chief Counsel for Advocacy of the SBA 
for review under 5 U.S.C. 605(b).

C. Review Under the Paperwork Reduction Act of 1995

    If DOE adopts energy conservation standards for battery chargers, 
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 those test 
procedures. DOE has established regulations for the certification and 
recordkeeping requirements for all covered consumer products and 
commercial equipment and is proposing 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 response, 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

    The proposed test procedure amendments 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 
proposed rule would amend the existing test procedures without 
affecting the amount, quality or distribution of energy usage, and, 
therefore, would not result in any environmental 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.

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

[[Page 46864]]

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 has examined this 
proposed rule and has determined that it would 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 proposed 
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 (February 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, 
the proposed 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 proposed regulatory action likely to result 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; also available 
at http://energy.gov/gc/office-general-counsel. DOE examined this 
proposed 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 rule would 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 proposed regulation, if 
adopted, would 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 (February 22, 2002), 
and DOE's guidelines were published at 67 FR 62446 (October 7, 2002). 
DOE has reviewed this proposed 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 proposed 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 should the proposal be implemented, 
and of reasonable alternatives to the action and their expected 
benefits on energy supply, distribution, and use.
    This regulatory action to amend the test procedure for measuring 
the energy efficiency of battery chargers is not a significant 
regulatory action under Executive Order 12866. Moreover, it would not 
have a significant adverse 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.

[[Page 46865]]

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.
    Certain of the proposed amendments would incorporate 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 is, however, consulting with the Attorney General and the 
Chairwoman of the FTC concerning the effect on competition of requiring 
manufacturers to use the test method in this standard.

M. 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 62301in 10 CFR part 430 for use with other test procedures, and is 
now proposing to also incorporate by reference Edition 2.0 in appendix 
Y as well.

V. Public Participation

A. Attendance at Public Meeting

    The time, date and location of the public meeting are listed in the 
DATES and ADDRESSES sections at the beginning of this document. If you 
plan to attend the public meeting, please notify Ms. Brenda Edwards at 
(202) 586-2945 or [email protected].
    Please note that foreign nationals visiting DOE Headquarters are 
subject to advance security screening procedures which require advance 
notice prior to attendance at the public meeting. If a foreign national 
wishes to participate in the public meeting, please inform DOE of this 
fact as soon as possible by contacting Ms. Regina Washington at (202) 
586-1214 or by email: [email protected] so that the 
necessary procedures can be completed.
    DOE requires visitors to have laptops and other devices, such as 
tablets, checked upon entry into the building. Any person wishing to 
bring these devices into the Forrestal Building will be required to 
obtain a property pass. Visitors should avoid bringing these devices, 
or allow an extra 45 minutes to check in. Please report to the 
visitor's desk to have devices checked before proceeding through 
security.
    Due to the REAL ID Act implemented by the Department of Homeland 
Security (DHS), there have been recent changes regarding ID 
requirements for individuals wishing to enter Federal buildings from 
specific states and U.S. territories. Driver's licenses from the 
following states or territory will not be accepted for building entry 
and one of the alternate forms of ID listed below will be required. DHS 
has determined that regular driver's licenses (and ID cards) from the 
following jurisdictions are not acceptable for entry into DOE 
facilities: Alaska, American Samoa, Arizona, Louisiana, Maine, 
Massachusetts, Minnesota, New York, Oklahoma, and Washington. 
Acceptable alternate forms of Photo-ID include: U.S. Passport or 
Passport Card; an Enhanced Driver's License or Enhanced ID-Card issued 
by the states of Minnesota, New York or Washington (Enhanced licenses 
issued by these states are clearly marked Enhanced or Enhanced Driver's 
License); a military ID or other Federal government issued Photo-ID 
card.
    In addition, you can attend the public meeting via webinar. Webinar 
registration information, participant instructions, and information 
about the capabilities available to webinar participants will be 
published on DOE's Web site: http://www1.eere.energy.gov/buildings/appliance_standards/product.aspx?productid=84. Participants are 
responsible for ensuring their systems are compatible with the webinar 
software.

B. Procedure for Submitting Prepared General Statements for 
Distribution

    Any person who has plans to present a prepared general statement 
may request that copies of his or her statement be made available at 
the public meeting. Such persons may submit requests, along with an 
advance electronic copy of their statement in PDF (preferred), 
Microsoft Word or Excel, WordPerfect, or text (ASCII) file format, to 
the appropriate address shown in the ADDRESSES section at the beginning 
of this NOPR. The request and advance copy of statements must be 
received at least one week before the public meeting and may be 
emailed, hand-delivered, or sent by mail. DOE prefers to receive 
requests and advance copies via email. Please include a telephone 
number to enable DOE staff to make a follow-up contact, if needed.

C. Conduct of Public Meeting

    DOE will designate a DOE official to preside at the public meeting 
and may also use a professional facilitator to aid discussion. The 
meeting will not be a judicial or evidentiary-type public hearing, but 
DOE will conduct it in accordance with section 336 of EPCA (42 U.S.C. 
6306). A court reporter will be present to record the proceedings and 
prepare a transcript. DOE reserves the right to schedule the order of 
presentations and to establish the procedures governing the conduct of 
the public meeting. After the public meeting and until the end of the 
comment period, interested parties may submit further comments on the 
proceedings and any aspect of the rulemaking.
    The public meeting will be conducted in an informal, conference 
style. DOE will present summaries of comments received before the 
public meeting, allow time for prepared general statements by 
participants, and encourage all interested parties to share their views 
on issues affecting this rulemaking. Each participant will be allowed 
to make a general statement

[[Page 46866]]

(within time limits determined by DOE), before the discussion of 
specific topics. DOE will permit, as time permits, other participants 
to comment briefly on any general statements.
    At the end of all prepared statements on a topic, DOE will permit 
participants to clarify their statements briefly and comment on 
statements made by others. Participants should be prepared to answer 
questions by DOE and by other participants concerning these issues. DOE 
representatives may also ask questions of participants concerning other 
matters relevant to this rulemaking. The official conducting the public 
meeting will accept additional comments or questions from those 
attending, as time permits. The presiding official will announce any 
further procedural rules or modification of the above procedures that 
may be needed for the proper conduct of the public meeting.
    A transcript of the public meeting will be included in the docket, 
which can be viewed as described in the Docket section at the beginning 
of this NOPR. In addition, any person may buy a copy of the transcript 
from the transcribing reporter.

D. Submission of Comments

    DOE will accept comments, data, and information regarding this 
proposed rule before or after the public meeting, but no later than the 
date provided in the DATES section at the beginning of this proposed 
rule. Interested parties may submit comments using any of the methods 
described in the ADDRESSES section at the beginning of this NOPR.
    Submitting comments via regulations.gov. The regulations.gov Web 
page will require you to provide your name and contact information. 
Your contact information will be viewable to DOE Building Technologies 
staff only. Your contact information will not be publicly viewable 
except for your first and last names, organization name (if any), and 
submitter representative name (if any). If your comment is not 
processed properly because of technical difficulties, DOE will use this 
information to contact you. If DOE cannot read your comment due to 
technical difficulties and cannot contact you for clarification, DOE 
may not be able to consider your comment.
    However, your contact information will be publicly viewable if you 
include it in the comment or in any documents attached to your comment. 
Any information that you do not want to be publicly viewable should not 
be included in your comment, nor in any document attached to your 
comment. Persons viewing comments will see only first and last names, 
organization names, correspondence containing comments, and any 
documents submitted with the comments.
    Do not submit to regulations.gov information for which disclosure 
is restricted by statute, such as trade secrets and commercial or 
financial information (hereinafter referred to as Confidential Business 
Information (CBI)). Comments submitted through regulations.gov cannot 
be claimed as CBI. Comments received through the Web site will waive 
any CBI claims for the information submitted. For information on 
submitting CBI, see the Confidential Business Information section.
    DOE processes submissions made through regulations.gov before 
posting. Normally, comments will be posted within a few days of being 
submitted. However, if large volumes of comments are being processed 
simultaneously, your comment may not be viewable for up to several 
weeks. Please keep the comment tracking number that regulations.gov 
provides after you have successfully uploaded your comment.
    Submitting comments via email, hand delivery, or mail. Comments and 
documents submitted via email, hand delivery, or mail also will be 
posted to regulations.gov. If you do not want your personal contact 
information to be publicly viewable, do not include it in your comment 
or any accompanying documents. Instead, provide your contact 
information on a cover letter. Include your first and last names, email 
address, telephone number, and optional mailing address. The cover 
letter will not be publicly viewable as long as it does not include any 
comments.
    Include contact information each time you submit comments, data, 
documents, and other information to DOE. If you submit via mail or hand 
delivery, please provide all items on a CD, if feasible. It is not 
necessary to submit printed copies. No facsimiles (faxes) will be 
accepted.
    Comments, data, and other information submitted to DOE 
electronically should be provided in PDF (preferred), Microsoft Word or 
Excel, WordPerfect, or text (ASCII) file format. Provide documents that 
are not secured, written in English and free of any defects or viruses. 
Documents should not contain special characters or any form of 
encryption and, if possible, they should carry the electronic signature 
of the author.
    Campaign form letters. Please submit campaign form letters by the 
originating organization in batches of between 50 to 500 form letters 
per PDF or as one form letter with a list of supporters' names compiled 
into one or more PDFs. This reduces comment processing and posting 
time.
    Confidential Business Information. According to 10 CFR 1004.11, any 
person submitting information that he or she believes to be 
confidential and exempt by law from public disclosure should submit via 
email, postal mail, or hand delivery two well-marked copies: one copy 
of the document marked confidential including all the information 
believed to be confidential, and one copy of the document marked non-
confidential with the information believed to be confidential deleted. 
Submit these documents via email or on a CD, if feasible. DOE will make 
its own determination about the confidential status of the information 
and treat it according to its determination.
    Factors of interest to DOE when evaluating requests to treat 
submitted information as confidential include: (1) A description of the 
items; (2) whether and why such items are customarily treated as 
confidential within the industry; (3) whether the information is 
generally known by or available from other sources; (4) whether the 
information has previously been made available to others without 
obligation concerning its confidentiality; (5) an explanation of the 
competitive injury to the submitting person which would result from 
public disclosure; (6) when such information might lose its 
confidential character due to the passage of time; and (7) why 
disclosure of the information would be contrary to the public interest.
    It is DOE's policy that all comments may be included in the public 
docket, without change and as received, including any personal 
information provided in the comments (except information deemed to be 
exempt from public disclosure).

E. Issues on Which DOE Seeks Comment

    Although DOE welcomes comments on any aspect of this proposal, DOE 
is particularly interested in receiving comments and views of 
interested parties concerning the following issues:
    1. DOE seeks comments on the methodology for selecting a battery 
for multi-capacity, multi-voltage, multi-chemistry battery chargers. 
(See section III.A.1)
    2. DOE seeks comments on the methodology for selecting a single 
battery based on the battery and battery charger combination that 
results in the highest maintenance mode power when Table 4.1 results in 
two or more unique batteries. (See section III.A.1)

[[Page 46867]]

    3. DOE seeks comment on the other options considered for addressing 
multi-voltage, multi-capacity battery chargers. (See section III.A.1)
    4. DOE seeks comments on the exclusion of back-up battery chargers 
from the scope of the test procedure. (See section III.A.2)
    5. DOE seeks comments on the merits of incorporating IEC 62301 V.2 
updates into the current battery chargers test procedure in Appendix Y. 
(See section III.A.3)
    6. DOE seeks comments on amending the depth of discharge to 50% of 
the rated voltage of the battery for lead acid batteries during 
conditioning. (See section III.DA.4)
    7. DOE seeks comment on adding optional discharge rates at 10 hrs. 
(or C/10) and 20 hrs. (or C/20) in the Battery Discharge Energy Test 
for lead acid batteries. (See section III.A.4)
    8. DOE seeks comment on its proposal to amend the sampling and 
certification requirements for battery chargers. (See section III.A.5)
    9. DOE seeks comment on the updates to Table 3.1 to correct for a 
reference error and update units for the required values identified in 
the table. (See section III.A.7)
    10. DOE seeks comment on the burden estimates outlined in the 
review of the Paperwork Reduction Act. (See section IV.C)

VI. Approval of the Office of the Secretary

    The Secretary of Energy has approved publication of this proposed 
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 July 27, 2015.
Kathleen B. Hogan,
Deputy Assistant Secretary for Energy Efficiency, Energy Efficiency and 
Renewable Energy.

    For the reasons stated in the preamble, DOE is proposing to amend 
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 value. Manufacturers must 
determine represented values, which includes certified ratings, for 
each basic model of battery charger in accordance with following 
sampling provisions.
    (1) Represented values include: Battery discharge energy in watt 
hours (Wh), 24-hour energy consumption in watt hours (Wh), maintenance 
mode power in watts (W), standby mode power in watts (W), and off mode 
power in watts (W).
    (2) Units to be tested. The requirements of Sec.  429.11 are 
applicable to battery chargers; and, for each basic model of battery 
charger, a sample of sufficient size must be randomly selected and 
tested to ensure that--
    (i) Any represented value of energy consumption or power for which 
consumers would favor lower values must be greater than or equal to the 
higher of:
    (A) The mean of the sample, where:
    [GRAPHIC] [TIFF OMITTED] TR06AU15.006
    
And, x is the sample mean; [eta] is the number of samples; and 
xi is 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] TR06AU15.007

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% 
one-tailed confidence interval with n-1 degrees of freedom (from 
appendix A to subpart B of part 429); and

    (ii) Any represented value energy consumption or power of a basic 
model for which consumers would favor higher values must be less than 
or equal to the lower of:
    (A) The mean of the sample, where:
    [GRAPHIC] [TIFF OMITTED] TR06AU15.008
    
And, x is the sample mean; [eta] is the number of samples; and 
xi is the ith sample; or,

    (B) The lower 97.5 percent confidence limit (LCL) of the true mean 
divided by 1.05, where:
[GRAPHIC] [TIFF OMITTED] TR06AU15.009

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% 
one-tailed confidence interval with n-1 degrees of freedom (from 
appendix A to subpart B of part 429).

    (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 public product-specific information: The 
manufacturer and model of the test battery; the nameplate battery 
voltage of the test battery in volts (V); the nameplate charge capacity 
of the test battery in ampere-hours (Ah); the nameplate charge energy, 
if available, of the battery in watt hours (Wh); the manufacturer and 
model, when applicable, of the external power supply used for testing; 
the average duration of the charge and maintenance mode test in hours 
(hr) for the units sampled; battery discharge energy in watt hours 
(Wh); 24-hour energy consumption in watt hours (Wh); maintenance mode 
power in watts (W); standby mode power in watts (W); and off mode power 
in watts (W).
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, 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

[[Page 46868]]

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; and commercial HVAC and WH 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 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 battery chargers, DOE will use a sample size of not more 
than 21 units and follow the sampling plan in appendix D of this 
subpart (Sampling Plan for Enforcement Testing of Battery Chargers).
    (5) 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, the Department 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.
    (6) Notwithstanding paragraphs (e)(1) through (4) 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 section 
(e)(6) to test less than the number of units specified in paragraphs 
(e)(1) through (4) 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.
0
4. Add appendix D to subpart C of part 429 to read as follows:

Appendix D to Subpart C of Part 429--Sampling Plan for Enforcement 
Testing of Battery Chargers

    a. The initial sample size (n) for enforcement testing of 
battery chargers is four units.
    b. Test each unit in the sample according to the test procedure 
in 10 CFR part 430, subpart B, appendix Y, recording the following 
metrics: 24-hour energy (Wh), battery discharge energy (Wh), 
maintenance mode power (W), standby mode power (W), off mode power 
(W), and the duration of the charge and maintenance mode test.
    c. Compute the sample mean for each of the metrics, where
    [GRAPHIC] [TIFF OMITTED] TR06AU15.010
    
and, x is the sample mean; n is the number of samples; and 
xi is the ith sample.

    d. Compute Unit Energy Consumption (UEC) for the sample using 
the applicable equation from the applicable energy conservation 
standard for battery chargers in Sec.  430.32 and the sample means 
for each of the metrics, as calculated in step c.
    e. Determine the applicable standard for the basic model being 
tested (ECS), using the sample mean for battery discharge energy.
    f. Compare the UEC to the ECS.
    g. If the UEC of the sample is greater than the ECS, then the 
basic model is not compliant.

PART 430--ENERGY CONSERVATION PROGRAM FOR CONSUMER PRODUCTS

0
5. 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
6. Section 430.2 is amended by adding in alphabetical order a 
definition for ``back-up battery charger'' to read as follows:


Sec.  430.2  Definitions.

* * * * *
    Back-up battery charger means a battery charger:
    (1) That is embedded in a separate end-use product that is designed 
to continuously operate using main power (AC or DC); and
    (2) Whose sole purpose is to recharge a battery used to maintain 
continuity of load power in case of input power failure.
* * * * *


Sec.  430.3  [Amended]

0
7. In Sec.  430.3, paragraph (p)(4) is amended by removing ``and X'' 
and adding in its place ``X, and Y''.

0
8. 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. Measure battery discharge energy, expressed 
in watt-hours, in accordance with section 5.8 of appendix Y of this 
subpart. Measure the 24-hour energy consumption of a battery charger in 
active and maintenance modes, expressed in watt-hours, and the power 
consumption of a battery charger in maintenance mode, expressed in 
watts, in accordance with section 5.10 of appendix Y of this subpart. 
Measure the power consumption of a battery charger in standby mode and 
off mode, expressed in watts, in accordance with sections 5.11 and 
5.12, respectively, of appendix Y of this subpart.
* * * * *
0
9. 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 Table 3.1 and section 3.2;
0
d. Revising the undesignated center heading directly above section 4.1. 
General Setup;
0
e. Revising section 4.3b. and Table 4.1;
0
f. Revising sections 5.3a., 5.3c.(2)(i), 5.3d., 5.8c.(2); and
0
g. Moving Table 5.2 to appear after section 5.8d. and revising it.
    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

    Note: On or after [DATE 180 DAYS AFTER PUBLICATION OF THE FINAL 
RULE IN THE FEDERAL REGISTER], any representation regarding the 
energy consumption of battery chargers must be

[[Page 46869]]

based upon results generated under this test procedure. Upon the 
compliance date(s) of any energy conservation standard(s) for 
battery chargers, use of the applicable provisions of this test 
procedure to demonstrate compliance with the energy conservation 
standard will also be required.

1. Scope

    This appendix covers 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.
* * * * *
    3. * * *
* * * * *

            Table 3.1--List of Measured or Calculated Values
------------------------------------------------------------------------
 Name of measured or calculated value               Reference
------------------------------------------------------------------------
Duration of the charge and maintenance  Section 5.2.
 mode test (Hrs).
Battery Discharge Energy (Wh).........  Section 4.6.
Initial time and power (W) of the       Section 5.8.
 input current of connected battery
 (A).
Active and Maintenance Mode Energy      Section 5.6.
 Consumption (W, Hrs).
Maintenance Mode Power (W)............  Section 5.9.
24-Hour Energy Consumption (Wh).......  Section 5.10.
Standby Mode Power (W)................  Section 5.11.
Off Mode Power (W)....................  Section 5.12.
------------------------------------------------------------------------

3.2. Verifying Accuracy and Precision of Measuring Equipment

    Any power measurements recorded, as well as any power 
measurement equipment utilized for testing, shall 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).
* * * * *

Unit Under Test Setup Requirements

    4.3. * * *
    b. From the detachable batteries specified above, use Table 4.1 
of this appendix to select the batteries to be used for testing 
depending on the type of battery charger being tested. Each row in 
the table represents a mutually exclusive battery charger type. In 
the table, find the single applicable row for the UUT, and test 
according to those requirements. Select a single battery 
configuration for testing, according to the battery selection 
criteria in Table 4.1.
    If the battery selection criteria outlined in Table 4.1 results 
in two or more batteries of differing configurations, but with equal 
voltage and capacity ratings, use the battery that results in the 
highest maintenance mode power, as determined in section 5.9 of this 
appendix, for testing.
* * * * *

                                    Table 4.1--Battery Selection for Testing
----------------------------------------------------------------------------------------------------------------
                                  Type of charger                                          Tests to perform
----------------------------------------------------------------------------------------------------------------
                                                                                       Battery selection  (from
           Multi-voltage                   Multi-port            Multi-capacity       all configurations of all
                                                                                        associated batteries)
----------------------------------------------------------------------------------------------------------------
No.................................  No....................  No....................  Any associated battery.
No.................................  No....................  Yes...................  Highest charge capacity
                                                                                      battery.
No.................................  Yes...................  Yes or No.............  Use all ports and use the
                                                                                      maximum number of
                                                                                      identical batteries with
                                                                                      the highest rated charge
                                                                                      capacity that the charger
                                                                                      can accommodate.
Yes................................  No....................  No....................  Highest voltage battery.
                                    ------------------------------------------------
Yes................................               Yes to either or both              Use all ports and use the
                                                                                      battery or the
                                                                                      configuration of batteries
                                                                                      with the highest
                                                                                      individual voltage and
                                                                                      highest total rated energy
                                                                                      capacity.
----------------------------------------------------------------------------------------------------------------

* * * * *
    5. * * *
    5.3. * * *
    a. No conditioning is to be done on lithium-ion batteries. 
Proceed directly to battery preparation, section 5.4 of this 
appendix, when testing chargers for these batteries.
* * * * *
    c. * * *
    (2) * * *
    (i) A battery analyzer at a rate not to exceed 1 C, until its 
average cell voltage under load reaches the end-of-discharge voltage 
specified in Table 5.2 of this appendix for the relevant battery 
chemistry, with the exception of VRLA and Flooded Lead Acid 
batteries with a capacity of greater than 1000Wh which may be 
discharged at .2C, .1C, or .05C and must be discharged to 50% of 
their rated voltage; or
* * * * *
    d. Batteries of chemistries, other than lithium-ion, that are 
known to have been through at least two previous full charge/
discharge cycles shall be fully charged only once as in step c.(1) 
of this section.
* * * * *
    5.8. * * *
    c. * * *
    (2) Set the battery analyzer for a constant discharge current 
and the end-of-discharge voltage in Table 5.2 of this appendix for 
the relevant battery chemistry.
* * * * *

[[Page 46870]]



Table 5.2--Required Battery Discharge Rates and End-of-Discharge Battery
                                Voltages
------------------------------------------------------------------------
                                                              End-of-
                                          Discharge rate     discharge
            Battery chemistry                   (C)       voltage (volts
                                                             per cell)
------------------------------------------------------------------------
Valve-Regulated Lead Acid (VRLA)........             0.1            1.75
Flooded Lead Acid.......................             0.1            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
------------------------------------------------------------------------

* * * * *
[FR Doc. 2015-19105 Filed 8-5-15; 8:45 a.m.]
 BILLING CODE 6450-01-P