[Federal Register Volume 82, Number 64 (Wednesday, April 5, 2017)]
[Notices]
[Pages 16580-16581]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-06732]


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DEPARTMENT OF ENERGY

Office of Energy Efficiency and Renewable Energy

[Case No. BC-001]


Energy Conservation Program for Consumer Products: Decision and 
Order Granting a Waiver to Dyson, Inc. From the Department of Energy 
Battery Charger Test Procedure

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

ACTION: Decision and order.

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SUMMARY: The U.S. Department of Energy (DOE) gives notice of a decision 
and order (Case No. BC-001) that grants to Dyson, Inc. (Dyson) a waiver 
from the DOE test procedure for determining the energy consumption of 
battery chargers. Under this decision and order, Dyson is required to 
test and rate the battery charger used in its robotic vacuum cleaner 
model RB01, marketed as the Dyson 360-Eye (Robot) using an alternate 
test procedure to turn off functions not associated with the battery 
charging process during the charge and maintenance mode test by 
isolating a terminal of the battery pack using isolating tape when 
measuring energy consumption.

DATES: This Decision and Order is effective April 5, 2017.

FOR FURTHER INFORMATION CONTACT: Mr. Bryan Berringer, U.S. Department 
of Energy, Building Technologies Program, Mail Stop EE-5B, Forrestal 
Building, 1000 Independence Avenue SW., Washington, DC 20585-0121. 
Telephone: (202) 586-0371. Email: [email protected].
    Mr. Peter Cochran, U.S. Department of Energy, Office of the General 
Counsel, Mail Stop GC-33, Forrestal Building, 1000 Independence Avenue 
SW., Washington, DC 20585-0103. Telephone: (202) 586-9496. Email: 
[email protected].

SUPPLEMENTARY INFORMATION: In accordance with Title 10 of the Code of 
Federal Regulations (10 CFR 430.27(f)(2)), DOE gives notice of the 
issuance of its decision and order as set forth below. The decision and 
order grants Dyson a waiver from the applicable battery charger test 
procedure in 10 CFR part 430, subpart B, appendix Y for the battery 
charger used in their robotic vacuum cleaner model RB01, marketed as 
the Dyson 360-Eye (``Robot''), provided that Dyson tests and rates such 
products using the alternate test procedure described in this notice. 
Dyson's representations concerning the energy efficiency of this 
product must be based on testing consistent with the provisions and 
restrictions in the alternate test procedure set forth in the decision 
and order below, and the representations must fairly disclose the test 
results. Distributors, retailers, and private labelers are held to the 
same standard when making representations regarding the energy 
efficiency of these products. (42 U.S.C. 6293(c))
    Not later than June 5, 2017, any manufacturer currently 
distributing in commerce in the United States a product employing a 
technology or characteristic that results in the same need for a waiver 
from the battery charger test procedure must submit a petition for 
waiver. 10 CFR 430.27(j). Manufacturers not currently distributing such 
products in commerce in the United States must petition for and be 
granted a waiver prior to distribution in commerce in the United 
States. Manufacturers may also submit a request for interim waiver 
pursuant to the requirements of 10 CFR 430.27.

    Issued in Washington, DC, on March 27, 2017.
Steven G. Chalk,
Acting Assistant Secretary, Energy Efficiency and Renewable Energy.

Decision and Order

In the Matter of: Dyson, Inc. (Case No. BC-001)

I. Background and Authority

    Title III, Part B \1\ of the Energy Policy and Conservation Act of 
1975 (EPCA), Public Law 94-163 (42 U.S.C. 6291-6309, as codified) 
established the Energy Conservation Program for Consumer Products Other 
Than Automobiles, a program that includes battery chargers.\2\ Part B 
includes definitions, test procedures, labeling provisions, energy 
conservation standards, and the authority to require information and 
reports from manufacturers. Further, Part B

[[Page 16581]]

authorizes the Secretary of Energy to prescribe test procedures that 
are reasonably designed to produce results that measure energy 
efficiency, energy use, or estimated operating costs during a 
representative average-use cycle, and that are not unduly burdensome to 
conduct. (42 U.S.C. 6293(b)(3)) The test procedure for battery chargers 
is contained in Title 10 of the Code of Federal Regulations (CFR) part 
430, subpart B, appendix Y, Uniform Test Method for Measuring the 
Energy Consumption of Battery Chargers.
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    \1\ For editorial reasons, upon codification in the U.S. Code, 
Part B was redesignated as Part A.
    \2\ All references to EPCA in this document refer to the statute 
as amended through the Energy Efficiency Improvement Act of 2015 
(EEIA), Public Law 114-11 (April 30, 2015).
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    The regulations set forth in 10 CFR 430.27 contain provisions that 
allow a person to seek a waiver from the test procedure requirements 
for a particular basic model of a type of covered product when the 
petitioner's basic model for which the petition for waiver was 
submitted contains one or more design characteristics that: (1) Prevent 
testing according to the prescribed test procedure, or (2) cause the 
prescribed test procedures to evaluate the basic model in a manner so 
unrepresentative of its true energy consumption characteristics as to 
provide materially inaccurate comparative data. 10 CFR 430.27(a)(1).DOE 
may grant the waiver subject to conditions, including adherence to 
alternate test procedures. 10 CFR 430.27(f)(2).

II. Dyson's Petition for Waiver: Assertions and Determinations

    On April 7, 2016, Dyson filed a petition for waiver from the DOE 
test procedure for battery chargers under 10 CFR 430.27 for the battery 
charger used in their robotic vacuum cleaner model RB01, marketed as 
the Dyson 360-Eye (Robot), which is required to be tested using the DOE 
battery charger test procedure at 10 CFR 430.23(aa) and detailed at 10 
CFR part 430, subpart B, appendix Y. In its petition, Dyson asks that 
the requirement contained in the DOE test procedure for battery 
chargers provided in 10 CFR part 430, subpart B, appendix Y, section 
4.4, Limiting Other Non-Battery-Charger Functions, be waived with 
regard to testing of the Robot battery charger. According to subsection 
4.4.b (and a related provision at section 5.6.c.1), any function 
controlled by the user and not associated with the battery charging 
process must be switched off or be set to the lowest power-consuming 
mode.
    Dyson asserts that in order to provide the user with the advanced 
setting and management features of the Robot, the relevant 
functionalities and circuitry have to be powered at all times. 
Accordingly, Dyson does not believe it appropriate to make these 
functions, which are not associated with the battery charging process, 
user controllable because they are an integral part of the Robot 
itself. Therefore, in order to ascertain the true energy consumption 
characteristics of the battery charger during the test, Dyson seeks 
permission to switch off these functions by a means that is not 
controlled by the user.
    Dyson also requested an interim waiver from the existing DOE test 
procedure, which DOE granted. See 81 FR at 62489. After reviewing the 
alternate procedure suggested by Dyson, DOE granted the interim waiver 
because DOE determined that Dyson's petition for waiver will likely be 
granted and decided that it was desirable for public policy reasons to 
grant Dyson immediate relief pending a determination on the petition 
for waiver. Dyson's petition was published in the Federal Register on 
September 9, 2016. 81 FR 62489. DOE received no comments regarding 
Dyson's petition.
    On May 20, 2016, DOE published a test procedure final rule that 
adopted amendments to the battery charger test procedure found in 
Appendix Y. 81 FR 31827. Subsequently, on December 12, 2016, DOE issued 
a separate final rule to add a discrete test method for uninterruptible 
power supplies to the battery charger test procedure. 81 FR 89806. 
Neither of these final rules amended the provisions of the battery 
charger test procedure from which Dyson sought a waiver. Since the 
amendments in these final rules did not address the issues presented in 
the waiver petition, Dyson's interim waiver has remained in effect 
while DOE has evaluated the waiver petition. 10 CFR 430.27(h).

III. Consultations With Other Agencies

    DOE consulted with the Federal Trade Commission (FTC) staff 
concerning the Dyson petition for waiver. The FTC staff did not have 
any objections to granting a waiver to Dyson.

IV. Order

    After careful consideration of all the material that was submitted 
by Dyson and consultation with the FTC staff, in accordance with 10 CFR 
430.27, it is ordered that:
    (1) The petition for waiver submitted by the Dyson Inc. (Case No. 
BC-001) is hereby granted as set forth in the paragraphs below.
    (2) Dyson must test and rate the Dyson basic models specified in 
paragraph (3) on the basis of the current test procedure contained in 
10 CFR part 430, subpart B, appendix Y, except that Dyson, 
notwithstanding the instructions in Appendix Y sections 3.2.4 and 
3.3.6, may disable power to functions not associated with the battery 
charging process by isolating a terminal of the battery pack using 
isolating tape, as shown in the Appendices to the petition for waiver.
    (3) This order applies only to the following basic model: RB01, 
marketed as the Dyson 360-Eye (``Robot''), battery charger.
    (4) This waiver shall remain in effect consistent with the 
provisions of 10 CFR 430.27.

    Issued in Washington, DC, on March 27, 2017.

Steven G. Chalk,
Acting Assistant Secretary, Energy Efficiency and Renewable Energy
[FR Doc. 2017-06732 Filed 4-4-17; 8:45 am]
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