[Federal Register Volume 84, Number 62 (Monday, April 1, 2019)]
[Notices]
[Pages 12240-12242]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-06279]
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DEPARTMENT OF ENERGY
[Case Number 2018-012; EERE-2016-BT-WAV-0034]
Energy Conservation Program: Extension of Waiver to Dyson, Inc.
From the Department of Energy Battery Chargers Test Procedure
AGENCY: Office of Energy Efficiency and Renewable Energy, Department of
Energy.
ACTION: Notice of extension of waiver.
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SUMMARY: The U.S. Department of Energy (``DOE'') is granting a waiver
extension (Case No. 2018-012) to Dyson, Inc. (``Dyson'') to waive
certain requirements of the DOE battery charger test procedure for
determining the energy consumption of the specified Dyson battery
charger basic model. Dyson is required to test and rate this basic
model in accordance with the alternate test procedure specified.
DATES: The Extension of Waiver is effective on April 1, 2019. The
Extension of Waiver will terminate upon the compliance date of any
future amendment to the test procedure for battery chargers located in
10 CFR part 430, subpart B, appendix Y that addresses the issues
presented in this waiver. At such time, Dyson must use the relevant
test procedure for the specified basic model of battery chargers for
any testing to demonstrate compliance with standards, and any other
representations of energy use.
FOR FURTHER INFORMATION CONTACT:
Ms. Lucy deButts, U.S. Department of Energy, Office of Energy
Efficiency and Renewable Energy, Building Technologies Office, EE-5B,
1000 Independence Avenue SW, Washington, DC 20585-0121. 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(g)), DOE gives notice of the
issuance of an Extension of Waiver as set forth below. The Extension of
Waiver extends the scope of the Decision and Order granted to Dyson on
April 5, 2017 (82 FR 16580, ``April 2017 Decision and Order'') to
include Dyson basic model RB02, as requested by Dyson on December 21,
2018.\1\ Dyson must test and rate the basic model in accordance with
the alternate test procedure specified in the April 2017 Decision and
Order. Dyson's representations concerning the energy consumption of the
basic model must be based on testing in accordance with the alternate
test procedure set forth in the April 2017 Decision and Order, and the
representations must fairly disclose the test results. Distributors,
retailers, and private labelers are held to the same requirements when
making representations regarding the energy consumption of these
products. (42 U.S.C. 6293(c)).
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\1\ Dyson's request is available at https://www.regulations.gov/document?D=EERE-2016-BT-WAV-0034-0005.
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DOE makes decisions on waiver extensions for only those basic
models specifically set out in the request, not future models that may
be manufactured by the petitioner. Dyson may submit a new or amended
petition for waiver and request for grant of interim waiver, as
appropriate, for additional basic models of battery chargers.
Alternatively, if appropriate, Dyson may request that DOE extend the
scope of a waiver to include additional basic models employing the same
technology as the basic model set forth in the original
[[Page 12241]]
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petition consistent with 10 CFR 430.27(g).
Signed in Washington, DC, on March 25, 2019.
Steven Chalk,
Acting Deputy Assistant Secretary for Energy Efficiency, Energy
Efficiency and Renewable Energy.
Case Number 2018-012
Extension of Waiver
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 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 (``Appendix Y'').
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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 America's Water Infrastructure Act of 2018,
Public Law 115-270 (October 23, 2018).
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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). Additionally, a
petitioner may request that DOE extend the scope of a waiver or an
interim waiver to include additional basic models employing the same
technology as the basic model set forth in the original petition. 10
CFR 430.27(g). DOE will publish any such extension in the Federal
Register. Id.
II. Request for an Extension of Waiver: Assertions and Determinations
On April 5, 2017, DOE issued a Decision and Order (``April 2017
Decision and Order'') in Case Number BC-001 granting Dyson a waiver to
test its Dyson basic model RB01 (marketed as the Dyson 360-Eye, or
``Robot'') using an alternate test procedure. 82 FR 16580. As described
by Dyson, the Robot is a robotic vacuum cleaner that includes a battery
charger with a number of settings and management features associated
with the vacuum cleaner. 82 FR 16581.
The DOE test procedure for battery chargers requires that any
function controlled by the user and not associated with the battery
charging process must be switched off or, for functions not possible to
switch off, be set to the lowest power-consuming mode. Section 3.2.4.b
of Appendix Y. Dyson stated that in order to provide the user with the
setting and management features of the Robot, the relevant
functionalities and circuitry have to be powered at all times. 82 FR
16581. Accordingly, Dyson stated that it is not 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. Id. Dyson asserted that using the prescribed test
procedure would cause the machine to be evaluated in a manner not
representative of the true energy consumption characteristics of the
battery charger. Id.
Based on its review of the information provided by Dyson, DOE
determined that the current test procedure at Appendix Y would evaluate
the battery charger basic model specified in the April 2017 Decision
and Order in a manner so unrepresentative of its true energy
consumption characteristics as to provide materially inaccurate
comparatively data. Id. The April 2017 Decision and Order specifies
that Dyson test and rate the subject basic model such that power to
functions not associated with the battery charging process is disabled
by isolating a terminal of the battery pack using isolating tape. Id.
On December 21, 2018, Dyson submitted a request to extend the scope
of the waiver, Case Number 2018-012, to the Dyson basic model RB02.
Dyson stated that this basic model has the same characteristics and
employs the same technology for the battery charger as the model
covered by the existing waiver.
Based on the information provided by Dyson in its waiver extension
request, DOE has determined that the battery charger basic model
identified in Dyson's request incorporates the same design
characteristics as the basic model covered under the waiver in Case
Number BC-001. DOE also determined that the alternate procedure
specified in Case Number BC-001 will provide results that are
representative of the actual energy use of the battery charger basic
model identified by Dyson in its waiver extension request.
III. Order
After careful consideration of Dyson's request that DOE extend the
scope of the waiver granted under Case Number BC-001 to include an
additional basic model, it is ordered that:
(1) Dyson must, as of the date of publication of this Extension of
Waiver in the Federal Register, test and rate the following basic model
as set forth in paragraph (2):
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Brand name Basic model No.
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Dyson..................................... RB02
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(2) The alternate test procedure for the Dyson basic model
referenced in paragraph (1) of this Order is the test procedure for
battery chargers prescribed by DOE at 10 CFR part 430, subpart B,
appendix Y, with the following modifications:
Notwithstanding the instructions in sections 3.2.4 and 3.3.6 of 10
CFR part 430, subpart B, appendix Y, Dyson will 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 in Case Number BC-001.\3\
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\3\ Dyson's petition for waiver in Case Number BC-001 is
available at https://www.regulations.gov/docket?D=EERE-2016-BT-WAV-0034.
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(3) Representations. Dyson may not make representations about the
energy use of the basic model referenced in paragraph (1) of this Order
for compliance, marketing, or other purposes unless that basic model
has been tested in accordance with the provisions set forth above and
such representations fairly disclose the results of such testing.
(4) This Extension of Waiver shall remain in effect according to
the provisions of 10 CFR 430.27.
(5) This Extension of Waiver is issued on the condition that the
statements,
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representations, and documents provided by Dyson are valid. If Dyson
makes any modifications to the controls or configurations of these
basic models, the waiver will no longer be valid and Dyson will either
be required to use the current Federal test method or submit a new
application for a test procedure waiver. DOE may rescind or modify this
Extension of Waiver at any time if it determines the factual basis
underlying the petition for extension of waiver is incorrect, or the
results from the alternate test procedure are unrepresentative of the
basic model's true energy consumption characteristics. 10 CFR
430.27(k)(1). Likewise, Dyson may request that DOE rescind or modify
the Extension of Waiver if Dyson discovers an error in the information
provided to DOE as part of its petition, determines that the waiver is
no longer needed, or for other appropriate reasons. 10 CFR
430.27(k)(2).
(6) Granting of this Extension of Waiver does not release Dyson
from the certification requirements set forth at 10 CFR part 429.
Signed in Washington, DC, on March 25, 2019.
Steven Chalk,
Acting Deputy Assistant Secretary for Energy Efficiency, Energy
Efficiency and Renewable Energy.
[FR Doc. 2019-06279 Filed 3-29-19; 8:45 am]
BILLING CODE 6450-01-P