Energy Conservation Program for Consumer Products: Decision and Order Granting a Waiver to Dyson, Inc. From the Department of Energy Battery Charger Test Procedure, 16580-16581 [2017-06732]
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16580
Federal Register / Vol. 82, No. 64 / Wednesday, April 5, 2017 / Notices
international transmission facilities.
That authority expires on July 13, 2017.
On March 13, 2017, DTE Energy Trading
filed an application with DOE for
renewal of the export authority
contained in Order No. EA–211 for an
additional five-year term.
In its application, DTE Energy
Trading states that it does not own or
operate any electric generation or
transmission facilities, and it does not
have a franchised service area. The
electric energy that DTE Energy Trading
proposes to export to Canada would be
surplus energy purchased from third
parties such as electric utilities and
Federal power marketing agencies
pursuant to voluntary agreements. The
existing international transmission
facilities to be utilized by TPS have
previously been authorized by
Presidential Permits issued pursuant to
Executive Order 10485, as amended,
and are appropriate for open access
transmission by third parties.
Procedural Matters: Any person
desiring to be heard in this proceeding
should file a comment or protest to the
application at the address provided
above. Protests should be filed in
accordance with Rule 211 of the Federal
Energy Regulatory Commission’s (FERC)
Rules of Practice and Procedures (18
CFR 385.211). Any person desiring to
become a party to these proceedings
should file a motion to intervene at the
above address in accordance with FERC
Rule 214 (18 CFR 385.214). Five copies
of such comments, protests, or motions
to intervene should be sent to the
address provided above on or before the
date listed above.
Comments and other filings
concerning DTE Energy Trading’s
application to export electric energy to
Canada should be clearly marked with
OE Docket No. EA–211–D. An
additional copy is to be provided
directly to both Cynthia Klots, DTE
Energy Trading, Inc., 414 S. Main Street,
Suite 200, Ann Arbor, MI 48104 and
Jane E. Rueger, White & Case LLP, 701
13th St. NW., Washington, DC 20005.
A final decision will be made on this
application after the environmental
impacts have been evaluated pursuant
to DOE’s National Environmental Policy
Act Implementing Procedures (10 CFR
part 1021) and after a determination is
made by DOE that the proposed action
will not have an adverse impact on the
sufficiency of supply or reliability of the
U.S. electric power supply system.
Copies of this application will be
made available, upon request, for public
inspection and copying at the address
provided above, by accessing the
program Web site at https://energy.gov/
VerDate Sep<11>2014
15:11 Apr 04, 2017
Jkt 241001
node/11845, or by emailing Angela Troy
at Angela.Troy@hq.doe.gov.
Issued in Washington, DC, on March 21,
2017.
Christopher Lawrence,
Electricity Policy Analyst, Office of Electricity
Delivery and Energy Reliability.
[FR Doc. 2017–06731 Filed 4–4–17; 8:45 am]
BILLING CODE 6450–01–P
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
Office of Energy Efficiency and
Renewable Energy, Department of
Energy.
ACTION: Decision and order.
AGENCY:
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: AS_
Waiver_Requests@ee.doe.gov.
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:
Peter.Cochran@hq.doe.gov.
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
SUMMARY:
PO 00000
Frm 00011
Fmt 4703
Sfmt 4703
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
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).
E:\FR\FM\05APN1.SGM
05APN1
Federal Register / Vol. 82, No. 64 / Wednesday, April 5, 2017 / Notices
jstallworth on DSK7TPTVN1PROD with NOTICES
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.
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
VerDate Sep<11>2014
15:11 Apr 04, 2017
Jkt 241001
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,
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16581
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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ENVIRONMENTAL PROTECTION
AGENCY
[EPA–HQ–OPP–2007–1005; FRL–9960–77]
Chlorpyrifos; Order Denying PANNA
and NRDC’s Petition To Revoke
Tolerances
Environmental Protection
Agency (EPA).
ACTION: Order.
AGENCY:
In this Order, EPA denies a
petition requesting that EPA revoke all
tolerances for the pesticide chlorpyrifos
under section 408(d) of the Federal
Food, Drug, and Cosmetic Act and
cancel all chlorpyrifos registrations
under the Federal Insecticide, Fungicide
and Rodenticide Act. The petition was
filed in September 2007 by the Pesticide
Action Network North America
(PANNA) and the Natural Resources
Defense Council (NRDC).
DATES: This Order is effective April 5,
2017. Objections and requests for
hearings must be received on or before
June 5, 2017, and must be filed in
accordance with the instructions
provided in 40 CFR part 178 (see also
Unit I. of the SUPPLEMENTARY
INFORMATION.)
SUMMARY:
The docket for this action,
identified by docket identification (ID)
number EPA–HQ–OPP–2007–1005, is
available at https://www.regulations.gov
or at the Office of Pesticide Programs
Regulatory Public Docket (OPP Docket)
in the Environmental Protection Agency
Docket Center (EPA/DC), West William
Jefferson Clinton Bldg., Rm. 3334, 1301
Constitution Ave. NW., Washington, DC
20460–0001. The Public Reading Room
is open from 8:30 a.m. to 4:30 p.m.,
Monday through Friday, excluding legal
ADDRESSES:
E:\FR\FM\05APN1.SGM
05APN1
Agencies
[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]
-----------------------------------------------------------------------
DEPARTMENT OF ENERGY
Office of Energy Efficiency and Renewable Energy
[Case No. BC-001]
Energy Conservation Program for Consumer Products: Decision and
Order Granting a Waiver to Dyson, Inc. From the Department of Energy
Battery Charger Test Procedure
AGENCY: Office of Energy Efficiency and Renewable Energy, Department of
Energy.
ACTION: Decision and order.
-----------------------------------------------------------------------
SUMMARY: The U.S. Department of Energy (DOE) gives notice of a decision
and order (Case No. BC-001) that grants to Dyson, Inc. (Dyson) a waiver
from the DOE test procedure for determining the energy consumption of
battery chargers. Under this decision and order, Dyson is required to
test and rate the battery charger used in its robotic vacuum cleaner
model RB01, marketed as the Dyson 360-Eye (Robot) using an alternate
test procedure to turn off functions not associated with the battery
charging process during the charge and maintenance mode test by
isolating a terminal of the battery pack using isolating tape when
measuring energy consumption.
DATES: This Decision and Order is effective April 5, 2017.
FOR FURTHER INFORMATION CONTACT: Mr. Bryan Berringer, U.S. Department
of Energy, Building Technologies Program, Mail Stop EE-5B, Forrestal
Building, 1000 Independence Avenue SW., Washington, DC 20585-0121.
Telephone: (202) 586-0371. Email: AS_Waiver_Requests@ee.doe.gov.
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:
Peter.Cochran@hq.doe.gov.
SUPPLEMENTARY INFORMATION: In accordance with Title 10 of the Code of
Federal Regulations (10 CFR 430.27(f)(2)), DOE gives notice of the
issuance of its decision and order as set forth below. The decision and
order grants Dyson a waiver from the applicable battery charger test
procedure in 10 CFR part 430, subpart B, appendix Y for the battery
charger used in their robotic vacuum cleaner model RB01, marketed as
the Dyson 360-Eye (``Robot''), provided that Dyson tests and rates such
products using the alternate test procedure described in this notice.
Dyson's representations concerning the energy efficiency of this
product must be based on testing consistent with the provisions and
restrictions in the alternate test procedure set forth in the decision
and order below, and the representations must fairly disclose the test
results. Distributors, retailers, and private labelers are held to the
same standard when making representations regarding the energy
efficiency of these products. (42 U.S.C. 6293(c))
Not later than June 5, 2017, any manufacturer currently
distributing in commerce in the United States a product employing a
technology or characteristic that results in the same need for a waiver
from the battery charger test procedure must submit a petition for
waiver. 10 CFR 430.27(j). Manufacturers not currently distributing such
products in commerce in the United States must petition for and be
granted a waiver prior to distribution in commerce in the United
States. Manufacturers may also submit a request for interim waiver
pursuant to the requirements of 10 CFR 430.27.
Issued in Washington, DC, on March 27, 2017.
Steven G. Chalk,
Acting Assistant Secretary, Energy Efficiency and Renewable Energy.
Decision and Order
In the Matter of: Dyson, Inc. (Case No. BC-001)
I. Background and Authority
Title III, Part B \1\ of the Energy Policy and Conservation Act of
1975 (EPCA), Public Law 94-163 (42 U.S.C. 6291-6309, as codified)
established the Energy Conservation Program for Consumer Products Other
Than Automobiles, a program that includes battery chargers.\2\ Part B
includes definitions, test procedures, labeling provisions, energy
conservation standards, and the authority to require information and
reports from manufacturers. Further, Part B
[[Page 16581]]
authorizes the Secretary of Energy to prescribe test procedures that
are reasonably designed to produce results that measure energy
efficiency, energy use, or estimated operating costs during a
representative average-use cycle, and that are not unduly burdensome to
conduct. (42 U.S.C. 6293(b)(3)) The test procedure for battery chargers
is contained in Title 10 of the Code of Federal Regulations (CFR) part
430, subpart B, appendix Y, Uniform Test Method for Measuring the
Energy Consumption of Battery Chargers.
---------------------------------------------------------------------------
\1\ For editorial reasons, upon codification in the U.S. Code,
Part B was redesignated as Part A.
\2\ All references to EPCA in this document refer to the statute
as amended through the Energy Efficiency Improvement Act of 2015
(EEIA), Public Law 114-11 (April 30, 2015).
---------------------------------------------------------------------------
The regulations set forth in 10 CFR 430.27 contain provisions that
allow a person to seek a waiver from the test procedure requirements
for a particular basic model of a type of covered product when the
petitioner's basic model for which the petition for waiver was
submitted contains one or more design characteristics that: (1) Prevent
testing according to the prescribed test procedure, or (2) cause the
prescribed test procedures to evaluate the basic model in a manner so
unrepresentative of its true energy consumption characteristics as to
provide materially inaccurate comparative data. 10 CFR 430.27(a)(1).DOE
may grant the waiver subject to conditions, including adherence to
alternate test procedures. 10 CFR 430.27(f)(2).
II. Dyson's Petition for Waiver: Assertions and Determinations
On April 7, 2016, Dyson filed a petition for waiver from the DOE
test procedure for battery chargers under 10 CFR 430.27 for the battery
charger used in their robotic vacuum cleaner model RB01, marketed as
the Dyson 360-Eye (Robot), which is required to be tested using the DOE
battery charger test procedure at 10 CFR 430.23(aa) and detailed at 10
CFR part 430, subpart B, appendix Y. In its petition, Dyson asks that
the requirement contained in the DOE test procedure for battery
chargers provided in 10 CFR part 430, subpart B, appendix Y, section
4.4, Limiting Other Non-Battery-Charger Functions, be waived with
regard to testing of the Robot battery charger. According to subsection
4.4.b (and a related provision at section 5.6.c.1), any function
controlled by the user and not associated with the battery charging
process must be switched off or be set to the lowest power-consuming
mode.
Dyson asserts that in order to provide the user with the advanced
setting and management features of the Robot, the relevant
functionalities and circuitry have to be powered at all times.
Accordingly, Dyson does not believe it appropriate to make these
functions, which are not associated with the battery charging process,
user controllable because they are an integral part of the Robot
itself. Therefore, in order to ascertain the true energy consumption
characteristics of the battery charger during the test, Dyson seeks
permission to switch off these functions by a means that is not
controlled by the user.
Dyson also requested an interim waiver from the existing DOE test
procedure, which DOE granted. See 81 FR at 62489. After reviewing the
alternate procedure suggested by Dyson, DOE granted the interim waiver
because DOE determined that Dyson's petition for waiver will likely be
granted and decided that it was desirable for public policy reasons to
grant Dyson immediate relief pending a determination on the petition
for waiver. Dyson's petition was published in the Federal Register on
September 9, 2016. 81 FR 62489. DOE received no comments regarding
Dyson's petition.
On May 20, 2016, DOE published a test procedure final rule that
adopted amendments to the battery charger test procedure found in
Appendix Y. 81 FR 31827. Subsequently, on December 12, 2016, DOE issued
a separate final rule to add a discrete test method for uninterruptible
power supplies to the battery charger test procedure. 81 FR 89806.
Neither of these final rules amended the provisions of the battery
charger test procedure from which Dyson sought a waiver. Since the
amendments in these final rules did not address the issues presented in
the waiver petition, Dyson's interim waiver has remained in effect
while DOE has evaluated the waiver petition. 10 CFR 430.27(h).
III. Consultations With Other Agencies
DOE consulted with the Federal Trade Commission (FTC) staff
concerning the Dyson petition for waiver. The FTC staff did not have
any objections to granting a waiver to Dyson.
IV. Order
After careful consideration of all the material that was submitted
by Dyson and consultation with the FTC staff, in accordance with 10 CFR
430.27, it is ordered that:
(1) The petition for waiver submitted by the Dyson Inc. (Case No.
BC-001) is hereby granted as set forth in the paragraphs below.
(2) Dyson must test and rate the Dyson basic models specified in
paragraph (3) on the basis of the current test procedure contained in
10 CFR part 430, subpart B, appendix Y, except that Dyson,
notwithstanding the instructions in Appendix Y sections 3.2.4 and
3.3.6, may disable power to functions not associated with the battery
charging process by isolating a terminal of the battery pack using
isolating tape, as shown in the Appendices to the petition for waiver.
(3) This order applies only to the following basic model: RB01,
marketed as the Dyson 360-Eye (``Robot''), battery charger.
(4) This waiver shall remain in effect consistent with the
provisions of 10 CFR 430.27.
Issued in Washington, DC, on March 27, 2017.
Steven G. Chalk,
Acting Assistant Secretary, Energy Efficiency and Renewable Energy
[FR Doc. 2017-06732 Filed 4-4-17; 8:45 am]
BILLING CODE -P