Notice of Petition for Waiver of Dyson, Inc. From the Department of Energy Battery Chargers Test Procedures and Grant of Interim Waiver, 62489-62493 [2016-21749]

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Andrew Jackson, Assistant Secretary for Management, Office of Management. 62489 ADDRESSES: [FR Doc. 2016–21776 Filed 9–8–16; 8:45 am] BILLING CODE 4000–01–P DEPARTMENT OF ENERGY Office of Energy Efficiency and Renewable Energy [Case No. BC–001] Notice of Petition for Waiver of Dyson, Inc. From the Department of Energy Battery Chargers Test Procedures and Grant of Interim Waiver Office of Energy Efficiency and Renewable Energy, Department of Energy. ACTION: Notice of petition for waiver and grant of interim waiver, and request for public comment. AGENCY: This notice announces receipt of and publishes a petition for waiver from Dyson, Inc. (Dyson) seeking an exemption from specified portions of the U.S. Department of Energy (DOE) test procedure for determining the energy consumption of battery chargers. The waiver request pertains to the battery chargers in Dyson’s robotic vacuum cleaner model RB01, marketed as the Dyson 360-Eye (Robot). In its petition, Dyson contends that in order to provide the user with the advanced setting and management features of the Robot, the relevant functionalities and circuitry have to be powered at all times, and consequently, there is no user-controllable switch to disable those non-battery charging functions as the current DOE test procedure contemplates. Consequently, Dyson seeks to use an alternate test procedure to turn off the Non-Battery Charging Functionalities during the charge and maintenance mode test by isolating a terminal of the battery pack using isolating tape. This notice also announces that DOE has granted Dyson an interim waiver from the DOE battery charger test procedure for its specified robotic vacuum cleaner basic model, subject to use of the alternative test procedure as set forth in this notice. DOE solicits comments, data, and information concerning Dyson’s petition and its suggested alternate test procedure. SUMMARY: PO 00000 Frm 00020 Fmt 4703 Sfmt 4703 DOE will accept comments, data, and information with regard to the Dyson petition until October 11, 2016. You may submit comments, identified by Case Number BC–001, by any of the following methods: • Federal eRulemaking Portal: http:// www.regulations.gov. Follow the instructions for submitting comments. • Email: AS_Waiver_Requests@ ee.doe.gov Include the case number [Case No. BC–001] in the subject line of the message. Submit electronic comments in WordPerfect, Microsoft Word, PDF, or ASCII file format, and avoid the use of special characters or any form of encryption. • Postal Mail: Mr. Bryan Berringer, U.S. Department of Energy, Building Technologies Office, Mailstop EE–5B, Petition for Waiver Case No. BC–001, 1000 Independence Avenue SW., Washington, DC 20585–0121. Telephone: (202) 586–0371. If possible, please submit all items on a compact disc (CD), in which case it is not necessary to include printed copies. • Hand Delivery/Courier: Appliance and Equipment Standards Program, U.S. Department of Energy, Building Technologies Office, 950 L’Enfant Plaza, SW., 6th Floor, Washington, DC 20024. Telephone: (202) 586–6636. If possible, please submit all items on a CD, in which case it is not necessary to include printed copies. Docket: The docket, which includes Federal Register notices, comments, and other supporting documents/ materials, is available for review at www.regulations.gov. All documents in the docket are listed in the www.regulations.gov index. However, some documents listed in the index, such as those containing information that is exempt from public disclosure, may not be publicly available. Mr. Bryan Berringer, U.S. Department of Energy, Building Technologies Office, Mailstop EE–5B, 1000 Independence Avenue SW., Washington, DC 20585– 0121. Telephone: (202) 586–0371. Email: Bryan.Berringer@ee.doe.gov. Mr. Peter Cochran or Mr. Eric Stas, U.S. Department of Energy, Office of the General Counsel, Mail Stop GC–33, Forrestal Building, 1000 Independence Avenue SW., Washington, DC 20585– 0103. Telephone: (202) 586–9496 or (202) 586–9507. Email: Peter.Cochran@ hq.doe.gov or Eric.Stas@hq.doe.gov. FOR FURTHER INFORMATION CONTACT: SUPPLEMENTARY INFORMATION: E:\FR\FM\09SEN1.SGM 09SEN1 asabaliauskas on DSK3SPTVN1PROD with NOTICES 62490 Federal Register / Vol. 81, No. 175 / Friday, September 9, 2016 / Notices I. Background and Authority Title III, Part B 1 of the Energy Policy and Conservation Act of 1975 (EPCA), Public Law 94–163 (42 U.S.C. 6291– 6309, as codified) established the Energy Conservation Program for Consumer Products Other Than Automobiles, a program that includes the battery charger-containing robotic vacuums that are the focus of this notice.2 Part B includes definitions, test procedures, labeling provisions, energy conservation standards, and the authority to require information and reports from manufacturers. Further, Part B authorizes the Secretary of Energy to prescribe test procedures that are reasonably designed to produce results that measure energy efficiency, energy use, or estimated operating costs during a representative average-use cycle, and that are not unduly burdensome to conduct. (42 U.S.C. 6293(b)(3)) The test procedure for battery chargers is contained in Title 10 of the Code of Federal Regulations (CFR) part 430, subpart B, appendix Y, Uniform Test Method for Measuring the Energy Consumption of Battery Chargers. DOE’s regulations set forth at 10 CFR 430.27 contain provisions that allow a person to seek a waiver from the test procedure requirements for a particular basic model of a type of covered consumer product when: (1) The petitioner’s basic model for which the petition for waiver was submitted contains one or more design characteristics that prevent testing according to the prescribed test procedure, or (2) the prescribed test procedures may evaluate the basic model in a manner so unrepresentative of its true energy consumption characteristics as to provide materially inaccurate comparative data. 10 CFR 430.27(a)(1). A petitioner must include in its petition any alternate test procedures known to the petitioner to evaluate the basic model in a manner representative of its energy consumption. 10 CFR 430.27(b)(1)(iii). DOE may grant a waiver subject to conditions, including adherence to alternate test procedures. 10 CFR 430.27(f)(2). As soon as practicable after the granting of any waiver, DOE will publish in the Federal Register a notice of proposed rulemaking to amend its regulations so as to eliminate any need for the continuation of such waiver. As 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). VerDate Sep<11>2014 17:11 Sep 08, 2016 Jkt 238001 soon thereafter as practicable, DOE will publish in the Federal Register a final rule. 10 CFR 430.27(l). The waiver process also allows DOE to grant an interim waiver from test procedure requirements to manufacturers that have petitioned DOE for a waiver of such prescribed test procedures if it appears likely that the petition for waiver will be granted and/ or if DOE determines that it would be desirable for public policy reasons to grant immediate relief pending a determination on the petition for waiver. 10 CFR 430.27(e)(2). Within one year of issuance of an interim waiver, DOE will either: (i) Publish in the Federal Register a determination on the petition for waiver; or (ii) publish in the Federal Register a new or amended test procedure that addresses the issues presented in the waiver. 10 CFR 430.27(h)(1). When DOE amends the test procedure to address the issues presented in a waiver, the waiver will automatically terminate on the date on which use of that test procedure is required to demonstrate compliance. 10 CFR 430.27(h)(2). II. Petition for Waiver of Test Procedure and Application for Interim Waiver On April 7, 2016, Dyson filed a petition for waiver from the DOE test procedure for battery chargers under 10 CFR 430.27 for their robotic vacuum cleaner model RB01, marketed as the Dyson 360-Eye (Robot), which is required to be tested using the DOE battery charger test procedure at 10 CFR 430.23(aa) and detailed at 10 CFR part 430, subpart B, appendix Y. In its petition, Dyson asks that the requirement contained in the current DOE test procedure for battery chargers provided in 10 CFR part 430, subpart B, appendix Y, section 4.4, Limiting Other Non-Battery-Charger Functions, be waived with regard to testing on the Robot. According to subsection 4.4.b (and a related provision at section 5.6.c.1), any function controlled by the user and not associated with the battery charging process shall be switched off or shall be set to the lowest powerconsuming mode. Dyson asserts that in order to provide the user with the advanced setting and management features of the Robot, the relevant functionalities and circuitry have to be powered at all times. Accordingly, Dyson does not believe it appropriate to make the Non-Battery Charging Functionalities user controllable because they are an integral part of the Robot itself. Therefore, in order to ascertain the true energy consumption characteristics of the battery charger during the test, Dyson PO 00000 Frm 00021 Fmt 4703 Sfmt 4703 seeks permission to switch off the NonBattery Charging Functionalities by a means that is not controlled by the user. Dyson also requests an interim waiver from the existing DOE test procedure for immediate relief. As previously noted, an interim waiver may be granted if it appears likely that the petition for waiver will be granted, and/or if DOE determines that it would be desirable for public policy reasons to grant immediate relief pending a determination of the petition for waiver. See 10 CFR 430.27(e)(2). DOE understands that absent an interim waiver, the basic model identified by Dyson in its petition cannot be tested and rated for energy consumption on a basis representative of their true energy consumption characteristics. DOE has reviewed the alternate procedure and concludes that it will allow for the accurate measurement of the energy use of these products, while alleviating the testing problems associated with Dyson’s implementation of battery charger testing for their robotic vacuum cleaner. Consequently, DOE has determined that Dyson’s petition for waiver will likely be granted and has decided that it is desirable for public policy reasons to grant Dyson immediate relief pending a determination on the petition for waiver. Dyson requests to use an alternate test procedure that would allow it to turn off the Non-Battery Charging Functionalities during the charge and maintenance mode test under 10 CFR part 430, subpart B, appendix Y, sections 4.4 and 5.6 by isolating a terminal of the battery pack using isolating tape, thereby providing a suitable method for testing these products and for making representations as to their energy efficiency. III. Summary of Grant of Interim Waiver For the reasons stated above, DOE has responded positively to Dyson’s application for interim waiver from testing for its specified robotic vacuum cleaner basic model through separate correspondence, which includes an Order granting the application for an interim waiver, subject to the certain specifications and conditions. The substance of the Interim Waiver Order is summarized below. Dyson is required to test and rate the battery charger of the specified robotic vacuum cleaner basic model according to the alternate test procedure as set forth in section IV, ‘‘Alternate Test Procedure.’’ Specifically, the interim waiver applies to the following basic model: RB01, marketed as the Dyson 360-Eye (Robot). Dyson is permitted to E:\FR\FM\09SEN1.SGM 09SEN1 Federal Register / Vol. 81, No. 175 / Friday, September 9, 2016 / Notices make representations about the energy use of its battery charger for the robotic vacuum cleaner products for compliance, marketing, or other purposes only to the extent that such products have been tested in accordance with the provisions set forth in the alternate test procedure and such representations fairly disclose the results of such testing in accordance with 10 CFR 429.39. DOE makes decisions on waivers and interim waivers for only those models specifically set out in the petition, not future models that may be manufactured by the petitioner. Dyson may request that DOE extend the scope of a waiver or an interim waiver to include additional basic models employing the same technology as the basic model(s) set forth in the original petition consistent with 10 CFR 430.27(g). In addition, DOE notes that granting of an interim waiver or waiver does not release a petitioner from the certification requirements set forth at 10 CFR part 429. See also 10 CFR 430.27(a) and (i). The interim waiver shall remain in effect consistent with the provisions of 10 CFR 430.27(h) and (l). Furthermore, this interim waiver is conditioned upon the presumed validity of statements, representations, and documents provided by the petitioner. DOE may rescind or modify a waiver or interim waiver at any time upon a determination that the factual basis underlying the petition for waiver or interim waiver is incorrect, or upon a determination that the results from the alternate test procedure are unrepresentative of the basic model’s true energy consumption characteristics. See 10 CFR 430.27(k). asabaliauskas on DSK3SPTVN1PROD with NOTICES IV. Alternate Test Procedure EPCA requires that manufacturers use DOE test procedures when making representations about the energy consumption and energy consumption costs of products and equipment covered by the statute. (42 U.S.C. 6293(c); 6314(d)) Consistent representations about the energy efficiency of covered products and equipment are important for consumers evaluating products when making purchasing decisions and for manufacturers to demonstrate compliance with applicable DOE energy conservation standards. Pursuant to its regulations applicable to waivers and interim waivers from applicable test procedures at 10 CFR 430.27 and after considering public comments on the petition, DOE will announce its decision as to an alternate test VerDate Sep<11>2014 17:11 Sep 08, 2016 Jkt 238001 62491 procedure for Dyson in a subsequent Decision and Order. During the period of the interim waiver granted in this notice, Dyson shall test the basic model listed in section II according to the test procedure for battery chargers prescribed by DOE at 10 CFR part 430, subpart B, appendix Y, except that under sections 4.4 and 5.6 of appendix Y, Non-Battery Charging Functionalities that cannot be switched off by a user during the charge and maintenance mode test, must be turned off by isolating a terminal of the battery pack using isolating tape. Pursuant to 10 CFR 1004.11, any person submitting information that he or she believes to be confidential and exempt by law from public disclosure should submit two copies to DOE: One copy of the document marked ‘‘confidential’’ with all of the information believed to be confidential included, and one copy of the document marked ‘‘non-confidential’’ with all of the information believed to be confidential deleted. DOE will make its own determination about the confidential status of the information and treat it according to its determination. V. Summary and Request for Comments Issued in Washington, DC, on August 30, 2016. Kathleen B. Hogan, Deputy Assistant Secretary for Energy Efficiency, Energy Efficiency and Renewable Energy. Through this notice, DOE announces receipt of Dyson’s petition for waiver from the DOE test procedure for battery chargers and announces DOE’s decision to grant Dyson an interim waiver from the test procedure for its robotic vacuum cleaner model RB01, marketed as the Dyson 360-Eye (Robot). DOE is publishing Dyson’s petition for waiver in its entirety, pursuant to 10 CFR 430.27(b)(1)(iv). The petition contains no confidential information. The petition includes a suggested alternate test procedure to determine the energy consumption of the battery charger used in Dyson’s specified robotic vacuum cleaner. Dyson is required to use this alternate procedure, as specified in section IV of this notice, as a condition of its grant of interim waiver, and after considering public comments on the petition, DOE will announce its decision as to the continued use of this alternate procedure in its subsequent Decision and Order. DOE solicits comments from interested parties on all aspects of the petition, including the suggested alternate test procedure and calculation methodology. Pursuant to 10 CFR 430.27(d), any person submitting written comments to DOE must also send a copy of such comments to the petitioner. The contact information for the petitioner is Ms. Ashley Shaw, Assistant General Counsel, Dyson, Inc., 600 West Chicago Avenue, Suite 275, Chicago, IL 60654. All comment submissions must include the agency name and Case Number BC–001 for this proceeding. Submit electronic comments in WordPerfect, Microsoft Word, Portable Document Format (PDF), or text (American Standard Code for Information Interchange (ASCII)) file format and avoid the use of special characters or any form of encryption. Wherever possible, include the electronic signature of the author. DOE does not accept telefacsimiles (faxes). PO 00000 Frm 00022 Fmt 4703 Sfmt 4703 April 7, 2016 APPLICATION OF PETITION OF WAIVER Dyson, Inc. (‘‘Dyson’’) hereby respectfully submits this Application for Petition of Waiver jointly with an Application for Interim Waiver, to the Department of Energy (‘‘DOE’’) with regard to the Dyson robotic vacuum cleaner model RB01, marketed as the Dyson 360-Eye (‘‘Robot’’). Requirement To Be Waived This petition asks that the requirement contained in the current DOE test procedure for battery chargers provided in CFR 10 Part 430.23, Appendix Y—‘‘Uniform Test Method for Measuring the Energy Consumption of Battery Chargers,’’ Clause 4.4 (Limiting Other Non-Battery-Charger Functions), be waived with regard to testing on the Robot. According to Sub-Clause, 4.4.b and the ‘‘Charge Mode and Battery Maintenance Mode Test’’ detailed in Section 5.6, any function controlled by the user and not associated with the battery charging process shall be switched off or shall be set to the lowest power consuming mode. By virtue of the design characteristics of the Robot, using the prescribed test procedure would cause the machine to be evaluated in a manner not representative of the true energy consumption characteristics of the battery charger because certain functions that affect energy consumption measurements are not controlled by the user and cannot be turned off by the user. However, in order to obtain representative values, these functions should be switched off, and can be by the person performing the E:\FR\FM\09SEN1.SGM 09SEN1 62492 Federal Register / Vol. 81, No. 175 / Friday, September 9, 2016 / Notices asabaliauskas on DSK3SPTVN1PROD with NOTICES test procedure. This petition seeks a waiver of the requirement that these functions must be able to be switched off by the user. We believe that the aim of the test procedure is to specify a method for quantifying the power consumption of the battery charging function and setting the appropriate test conditions solely by user-controllable means is not a fundamental requirement to achieve that purpose. Robot Description—Intended Operation and Design Characteristics The Robot is a robotic vacuum cleaner with integral Li-Ion battery. The battery is contained in a battery pack together with the charging control circuit. The battery pack can be detached by the user, but cannot be charged separately from the machine. The Wi-Fi transceiver can be controlled by the user and can be disabled by the user following the instructions in the operating manual. The Robot is charged through a cradle powered by a separate, external AC/DC adapter (wall plug type). The charging circuitry is comprised of the external adapter, the cradle, and the battery pack. The charging control contained in the battery pack is independent from the Robot. Accordingly, it autonomously starts charging the robot when it is in the cradle and turns off charging when the charging process is complete. The LED-based user interface on the machine enclosure represents the machine’s status. It is entirely controlled by the Robot and not by the battery pack circuitry. It can provide a variety of information to the user, including but not limited to, low battery and fault condition alerts. During the typical operation, the Robot accomplishes its intended functions by powering the motors (vacuuming), the navigation system (sensors), the User Interface, and the connectivity platform, until its control processor detects a low battery state and aims for the cradle. When the Robot reaches the cradle, the charging function is activated by the battery pack. During charging, the Robot also maintains the User Interface and connectivity platform (‘‘Non-Battery Charging Functionalities’’). The battery is fully charged in approximately two (2) hours. At that point, an electronic switch fitted in the battery pack disconnects the battery from the charging line and the battery charging function enters what the test procedure calls ‘‘maintenance mode.’’ The battery pack has a very long shelf life (i.e., the battery would maintain sufficient charge for a long period of VerDate Sep<11>2014 17:11 Sep 08, 2016 Jkt 238001 time, approximately one year). Therefore, in ‘‘maintenance mode,’’ the energy consumption is dedicated only to sustain the Non-Battery Charging Functionalities. The Non-Battery Charging Functionalities are implemented through a complex control circuitry contained in the Robot architecture and can be summarized as the management of the advanced usage features offered to the user. The user is not only able to clean the house remotely but can do so in the way that best suits his/her habits. By always having the Non-Battery Charging Functionalities in an active state, while in the cradle, the Robot is able to: (a) Receive remote commands to start a scheduled clean from the Dyson cloud; (b) Receive remote commands to start a live clean, either directly from the App or via the Dyson cloud; (c) Receive software upgrades from the Dyson cloud; (d) Be configured prior to starting a clean routine via the App; (e) Be able to respond in a short time to remote user demand with acknowledgement that a cleaning routine has started (no system boot-up); (f) Send status messages to the App and to the Dyson cloud; and (g) Send data to the Dyson cloud, including usage stats. The battery pack may come with two different charging controls: Battery Control 1—The Non-Battery Charging Functionalities are always powered from the battery terminals. To keep the battery fully charged, the charging function must be periodically re-enabled to top-up the charge. This can be seen in Appendix B.1. Battery Control 2—When the Robot is in the cradle, the Non-Battery Charging Functionalities are powered directly from the DC supply at the cradle terminals (i.e., indirectly from the mains). The Robot control shares the same power supply of the battery pack (external adapter + cradle) and draws continuous current from the mains. This can be seen in Appendix B.2. Battery Control 2 will replace Battery Control 1 by the end of 2016. Grounds for the Petition In order to provide the user with the advanced setting and management features of the Robot, the relevant functionalities and circuitry have to be powered at all times. Accordingly, we do not believe it is appropriate to make the Non-Battery Charging Functionalities user controllable because they are an integral part of the Robot itself. PO 00000 Frm 00023 Fmt 4703 Sfmt 4703 Therefore, in order to ascertain the true energy consumption characteristics of the battery charger during the test, we seek permission to switch off the NonBattery Charging Functionalities by a means that is not controlled by the user. Proposal We are seeking permission to turn off the Non-Battery Charging Functionalities during the charge and maintenance mode test by isolating a terminal of the battery pack using isolating tape. A visual description in Appendix A shows which terminal has to be isolated for testing purposes and how it is to be isolated with the tape. A leaflet or a web-link in the user manual could provide similar information. Currently, the prescribed test method requires the test technician to go well beyond what the user can access (e.g., disassemble the battery pack for the battery discharge test). The proposed setting where the NonBattery Charging Functionalities are turned off does not lead to any alteration of the battery charger circuitry or function because the Robot is operating in parallel to it. It simply interrupts the power supply to the Robot and prevents the Non-Battery Charging Functionalities from drawing current from the battery or mains (see Battery Control 1, Battery Control 2, and Appendix B for this distinction). The following values are typical: —Power consumption of the NonBattery Charging Functionalities is approximately 3.5W (including 0.27W used for the User Interface); —Power consumption in no-battery mode (wall plug external charger + cradle) is 0.48W. The graphs in Appendix B show the power consumption of the product in charge and maintenance mode for both the actual operation and the proposed test setting. If our proposal is accepted, we also recommend that the text of clause 4.4.b be modified as follows: ‘‘b. Any function not associated with the battery charging process (e.g. the answering machine in a cordless telephone charging base) shall be switched off. If it is not possible to switch such functions off, they shall be set to their lowest power-consuming mode during test. If it is not possible to achieve this condition by user-controlled settings, the condition may be achieved by alternative means, unless those lead to an alteration of the battery charger circuit or function.’’ E:\FR\FM\09SEN1.SGM 09SEN1 Federal Register / Vol. 81, No. 175 / Friday, September 9, 2016 / Notices Hardship and Competitive Disadvantage In absence of a favorable determination, the Robot design would have to be modified in order to add a switch that would implement the same isolation obtained by the isolating tape. The cost in addition to the current bill of materials would be around 0.3 USD, but the real burden is that this switch would have to be added only to enable the measurement of the true energy consumption and would not bring any real benefit for the user. Indeed, as prescribed by the test procedure, if the switch is made accessible to users, it could result in inadvertent operations. The reliability of the Robot might be affected, including, but not limited to: • Preventing the Robot from being controlled remotely as intended; • Random malfunction and bad user experience; and • Abrupt abortion of software upgrades with the typical consequences (i.e., software corruption). The actual cost cannot be easily quantified in advance, but would disparage the Dyson brand. Likely Success of the Petition Our proposal is in compliance with the test method’s intent of measuring the energy efficiency parameters of battery chargers, as it ensures that such energy consumption is still measured. It does not add unnecessary burden to the work of the test technician when applying the test procedure. It is also a proposal that would benefit other manufacturers of consumer products employing advanced connectivity features by providing more flexibility at evaluating compliance with the relevant energy metrics. Appendix A—Access to the Battery Terminal See the following Web site for Appendix A pictures: http://www.regulations.gov/ #!docketDetail;D=EERE-2016-BT-WAV-0034. asabaliauskas on DSK3SPTVN1PROD with NOTICES Appendix B—Power Consumption Graphs (B.1a) Battery Control 1—Robot control powered from the battery The battery charger periodically refills the energy used by the non-charging functionalities (red trace). By isolating the terminal only the power drawn by the battery is accounted (blue trace). See the following Web site for Appendix B.1a graphs: http://www.regulations.gov/ #!docketDetail;D=EERE-2016-BT-WAV-0034. (B.1b) Battery Control 1—Circuit diagram See the following Web site for Appendix B.1b graphs: http://www.regulations.gov/ #!docketDetail;D=EERE-2016-BT-WAV-0034. VerDate Sep<11>2014 17:11 Sep 08, 2016 Jkt 238001 (B.2a) Battery Control 2—Robot control powered from the mains The battery charger provides energy in parallel both to the battery and to the noncharging functionalities (red trace). By isolating the terminal only the power drawn by the battery is accounted (blue trace). See the following Web site for Appendix B.2a graphs: http://www.regulations.gov/ #!docketDetail;D=EERE-2016-BT-WAV-0034. (B.2b) Battery Control 2—Circuit diagram See the following Web site for Appendix B.2b graphs: http://www.regulations.gov/ #!docketDetail;D=EERE-2016-BT-WAV-0034. [FR Doc. 2016–21749 Filed 9–8–16; 8:45 am] BILLING CODE 6450–01–P 62493 Dated: September 2, 2016. Kimberly D. Bose, Secretary. [FR Doc. 2016–21748 Filed 9–8–16; 8:45 am] BILLING CODE 6717–01–P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. CP15–557–000] Total Peaking Services, LLC; Notice of Schedule for Environmental Review of the Vaporization Capacity Increase and Bog Compressor Project Schedule for Environmental Review On September 23, 2015, Total Peaking Services, LLC (Total Peaking) filed an application in Docket No. CP15–557– 000 requesting a Certificate of Public Convenience and Necessity pursuant to Section 7(c) of the Natural Gas Act to construct and operate certain liquefied natural gas facilities. The proposed project is known as the Vaporization Capacity Increase and BOG Compressor Project (Project), and would increase the vaporization send out capacity at Total Peaking’s Milford, Connecticut facility from 90 million cubic feet per day (MMcf/d) to 105 MMcf/d, along with the construction and operation of an additional boil-off gas compressor unit. On October 7, 2015, the Federal Energy Regulatory Commission (Commission or FERC) issued its Notice of Application for the Project. Among other things, that notice alerted agencies issuing federal authorizations of the requirement to complete all necessary reviews and to reach a final decision on a request for a federal authorization within 90 days of the date of issuance of the Commission staff’s Environmental Assessment (EA) for the Project. This instant notice identifies the FERC staff’s planned schedule for the completion of the EA for the Project. Issuance of the EA: November 2, 2016. 90-day Federal Authorization Decision Deadline: January 31, 2017. If a schedule change becomes necessary, an additional notice will be provided so that the relevant agencies are kept informed of the project’s progress. Schedule for Environmental Review Issuance of EA October 14, 2016 90-day Federal Authorization Decision Deadline January 12, 2017 If a schedule change becomes necessary, additional notice will be provided so that the relevant agencies are kept informed of the Project’s progress. Additional Information Project Description The Project would include modifications at Total Peaking’s Milford, Connecticut facility. Total Peaking would remove its existing vaporizers and install a single vaporizer operating at 105 MMcf/d as well as a heater system for the new vaporizer. DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. CP15–88–000] Tennessee Gas Pipeline Company, L.L.C.; Notice of Revised Schedule for Environmental Review of the Abandonment and Capacity Restoration Project This notice identifies the Federal Energy Regulatory Commission (Commission or FERC) staff’s revised schedule for the completion of the environmental assessment (EA) for Tennessee Gas Pipeline Company, L.L.C.’s (Tennessee) Abandonment and Capacity Restoration Project. The first notice of schedule, issued on June 30, 2016, identified September 2, 2016 as the EA issuance date. However, Tennessee provided modifications to the proposed facilities that require additional time for staff to consider. Therefore, staff has revised the schedule for issuance of the EA. In order to receive notification of the issuance of the EA and to keep track of all formal issuances and submittals in specific dockets, the Commission offers a free service called eSubscription (http://www.ferc.gov/docs-filing/ esubscription.asp). PO 00000 Frm 00024 Fmt 4703 Sfmt 4703 E:\FR\FM\09SEN1.SGM 09SEN1

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[Federal Register Volume 81, Number 175 (Friday, September 9, 2016)]
[Notices]
[Pages 62489-62493]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-21749]


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DEPARTMENT OF ENERGY

Office of Energy Efficiency and Renewable Energy

[Case No. BC-001]


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

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

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

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

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

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

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

SUPPLEMENTARY INFORMATION: 

[[Page 62490]]

I. Background and Authority

    Title III, Part B \1\ of the Energy Policy and Conservation Act of 
1975 (EPCA), Public Law 94-163 (42 U.S.C. 6291-6309, as codified) 
established the Energy Conservation Program for Consumer Products Other 
Than Automobiles, a program that includes the battery charger-
containing robotic vacuums that are the focus of this notice.\2\ Part B 
includes definitions, test procedures, labeling provisions, energy 
conservation standards, and the authority to require information and 
reports from manufacturers. Further, Part B authorizes the Secretary of 
Energy to prescribe test procedures that are reasonably designed to 
produce results that measure energy efficiency, energy use, or 
estimated operating costs during a representative average-use cycle, 
and that are not unduly burdensome to conduct. (42 U.S.C. 6293(b)(3)) 
The test procedure for battery chargers is contained in Title 10 of the 
Code of Federal Regulations (CFR) part 430, subpart B, appendix Y, 
Uniform Test Method for Measuring the Energy Consumption of Battery 
Chargers.
---------------------------------------------------------------------------

    \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).
---------------------------------------------------------------------------

    DOE's regulations set forth at 10 CFR 430.27 contain provisions 
that allow a person to seek a waiver from the test procedure 
requirements for a particular basic model of a type of covered consumer 
product when: (1) The petitioner's basic model for which the petition 
for waiver was submitted contains one or more design characteristics 
that prevent testing according to the prescribed test procedure, or (2) 
the prescribed test procedures may evaluate the basic model in a manner 
so unrepresentative of its true energy consumption characteristics as 
to provide materially inaccurate comparative data. 10 CFR 430.27(a)(1). 
A petitioner must include in its petition any alternate test procedures 
known to the petitioner to evaluate the basic model in a manner 
representative of its energy consumption. 10 CFR 430.27(b)(1)(iii).
    DOE may grant a waiver subject to conditions, including adherence 
to alternate test procedures. 10 CFR 430.27(f)(2). As soon as 
practicable after the granting of any waiver, DOE will publish in the 
Federal Register a notice of proposed rulemaking to amend its 
regulations so as to eliminate any need for the continuation of such 
waiver. As soon thereafter as practicable, DOE will publish in the 
Federal Register a final rule. 10 CFR 430.27(l).
    The waiver process also allows DOE to grant an interim waiver from 
test procedure requirements to manufacturers that have petitioned DOE 
for a waiver of such prescribed test procedures if it appears likely 
that the petition for waiver will be granted and/or if DOE determines 
that it would be desirable for public policy reasons to grant immediate 
relief pending a determination on the petition for waiver. 10 CFR 
430.27(e)(2). Within one year of issuance of an interim waiver, DOE 
will either: (i) Publish in the Federal Register a determination on the 
petition for waiver; or (ii) publish in the Federal Register a new or 
amended test procedure that addresses the issues presented in the 
waiver. 10 CFR 430.27(h)(1). When DOE amends the test procedure to 
address the issues presented in a waiver, the waiver will automatically 
terminate on the date on which use of that test procedure is required 
to demonstrate compliance. 10 CFR 430.27(h)(2).

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

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

III. Summary of Grant of Interim Waiver

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

[[Page 62491]]

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

IV. Alternate Test Procedure

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

V. Summary and Request for Comments

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

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

April 7, 2016

APPLICATION OF PETITION OF WAIVER

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

Requirement To Be Waived

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

[[Page 62492]]

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

Robot Description--Intended Operation and Design Characteristics

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

Grounds for the Petition

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

Proposal

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

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

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

[[Page 62493]]

Hardship and Competitive Disadvantage

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

Likely Success of the Petition

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

Appendix A--Access to the Battery Terminal

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

Appendix B--Power Consumption Graphs

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

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

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

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

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

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

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

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

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