Energy Conservation Program: Extension of Waiver to Dyson, Inc. From the Department of Energy Battery Chargers Test Procedure, 12240-12242 [2019-06279]

Download as PDF 12240 Federal Register / Vol. 84, No. 62 / Monday, April 1, 2019 / Notices searching the Docket ID number ED– 2019–ICCD–0042. Comments submitted in response to this notice should be submitted electronically through the Federal eRulemaking Portal at https:// www.regulations.gov by selecting the Docket ID number or via postal mail, commercial delivery, or hand delivery. If the regulations.gov site is not available to the public for any reason, ED will temporarily accept comments at ICDocketMgr@ed.gov. Please include the docket ID number and the title of the information collection request when requesting documents or submitting comments. Please note that comments submitted by fax or email and those submitted after the comment period will not be accepted. Written requests for information or comments submitted by postal mail or delivery should be addressed to the Director of the Information Collection Clearance Division, U.S. Department of Education, 550 12th Street SW, PCP, Room 9086, Washington, DC 20202–0023. FOR FURTHER INFORMATION CONTACT: For specific questions related to collection activities, please contact Monique Bolton, 202–453–7653. SUPPLEMENTARY INFORMATION: The Department of Education (ED), in accordance with the Paperwork Reduction Act of 1995 (PRA) (44 U.S.C. 3506(c)(2)(A)), provides the general public and Federal agencies with an opportunity to comment on proposed, revised, and continuing collections of information. This helps the Department assess the impact of its information collection requirements and minimize the public’s reporting burden. It also helps the public understand the Department’s information collection requirements and provide the requested data in the desired format. ED is soliciting comments on the proposed information collection request (ICR) that is described below. The Department of Education is especially interested in public comment addressing the following issues: (1) Is this collection necessary to the proper functions of the Department; (2) will this information be processed and used in a timely manner; (3) is the estimate of burden accurate; (4) how might the Department enhance the quality, utility, and clarity of the information to be collected; and (5) how might the Department minimize the burden of this collection on the respondents, including through the use of information technology. Please note that written comments received in response to this notice will be considered public records. Title of Collection: Annual Performance Report for the Gaining VerDate Sep<11>2014 17:22 Mar 29, 2019 Jkt 247001 Early Awareness for Undergraduate Programs. OMB Control Number: 1840–0777. Type of Review: An extension of an existing information collection. Respondents/Affected Public: State, Local, and Tribal Governments; Private Sector. Total Estimated Number of Annual Responses: 127. Total Estimated Number of Annual Burden Hours: 1,270. Abstract: The Annual Performance Report for Partnership and State Projects for Gaining Early Awareness and Readiness for Undergraduate Programs (GEAR UP) is a required report that grant recipients must submit annually. The purpose of this information collection is for accountability. The data is used to report on progress in meeting the performance objectives of GEAR UP, program implementation, and student outcomes. The data collected includes budget data on Federal funds and match contributions, demographic data, and data regarding services provided to students. Dated: March 27, 2019. Kate Mullan, PRA Coordinator, Information Collection Clearance Program, Information Management Branch, Office of the Chief Information Officer. [FR Doc. 2019–06269 Filed 3–29–19; 8:45 am] BILLING CODE 4000–01–P 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 Office of Energy Efficiency and Renewable Energy, Department of Energy. ACTION: Notice of extension of waiver. AGENCY: 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 SUMMARY: PO 00000 Frm 00051 Fmt 4703 Sfmt 4703 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: 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(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)). 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 1 Dyson’s request is available at https:// www.regulations.gov/document?D=EERE-2016-BTWAV-0034-0005. E:\FR\FM\01APN1.SGM 01APN1 12241 Federal Register / Vol. 84, No. 62 / Monday, April 1, 2019 / Notices 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’’). 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 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). VerDate Sep<11>2014 17:22 Mar 29, 2019 Jkt 247001 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 PO 00000 Frm 00052 Fmt 4703 Sfmt 4703 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): Brand name Dyson ........................ Basic model No. RB02 (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 (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, 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. E:\FR\FM\01APN1.SGM 01APN1 12242 Federal Register / Vol. 84, No. 62 / Monday, April 1, 2019 / Notices 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 DEPARTMENT OF ENERGY Federal Energy Regulatory Commission Combined Notice of Filings Take notice that the Commission has received the following Natural Gas Pipeline Rate and Refund Report filings: Filings Instituting Proceedings Docket Numbers: RP13–459–000. Applicants: Trailblazer Pipeline Company LLC. Description: Report Filing: 2018 Penalty Revenues Refund Report. Filed Date: 3/25/19. Accession Number: 20190325–5152. Comments Due: 5 p.m. ET 4/8/19. Docket Numbers: RP19–873–000. Applicants: Bobcat Gas Storage. Description: Compliance filing Bobcat Order 587–Y (Docket RM96–1–041) Compliance Filing to be effective 8/1/ 2019. Filed Date: 3/25/19. Accession Number: 20190325–5020. Comments Due: 5 p.m. ET 4/8/19. Docket Numbers: RP19–874–000. Applicants: Egan Hub Storage, LLC. VerDate Sep<11>2014 17:22 Mar 29, 2019 Jkt 247001 Description: Compliance filing Egan Hub Order 587–Y (Docket RM96–1–041) Compliance Filing to be effective 8/1/ 2019. Filed Date: 3/25/19. Accession Number: 20190325–5021. Comments Due: 5 p.m. ET 4/8/19. Docket Numbers: RP19–875–000. Applicants: East Tennessee Natural Gas, LLC. Description: Compliance filing East Tennessee Order 587–Y (Docket RM96– 1–041) Compliance Filing to be effective 8/1/2019. Filed Date: 3/25/19. Accession Number: 20190325–5022. Comments Due: 5 p.m. ET 4/8/19. Docket Numbers: RP19–876–000. Applicants: Saltville Gas Storage Company L.L.C. Description: Compliance filing Saltville Order 587–Y (Docket RM96–1– 041) Compliance Filing to be effective 8/ 1/2019. Filed Date: 3/25/19. Accession Number: 20190325–5023. Comments Due: 5 p.m. ET 4/8/19. Docket Numbers: RP19–877–000. Applicants: Ozark Gas Transmission, L.L.C. Description: Compliance filing Ozark Order 587–Y (Docket RM96–1–041) Compliance Filing to be effective 8/1/ 2019. Filed Date: 3/25/19. Accession Number: 20190325–5024. Comments Due: 5 p.m. ET 4/8/19. Docket Numbers: RP19–878–000. Applicants: Steckman Ridge, LP. Description: Compliance filing Steckman Ridge Order 587–Y (Docket RM96–1–041) Compliance Filing to be effective 8/1/2019. Filed Date: 3/25/19. Accession Number: 20190325–5025. Comments Due: 5 p.m. ET 4/8/19. Docket Numbers: RP19–879–000. Applicants: Southern Natural Gas Company, L.L.C. Description: Compliance filing Order No. 587–Y Compliance Filing to be effective 8/1/2019. Filed Date: 3/25/19. Accession Number: 20190325–5026. Comments Due: 5 p.m. ET 4/8/19. Docket Numbers: RP19–880–000. Applicants: Southern LNG Company, L.L.C. Description: Compliance filing Order No. 587–Y Compliance Filing to be effective 8/1/2019. Filed Date: 3/25/19. Accession Number: 20190325–5027. Comments Due: 5 p.m. ET 4/8/19. Docket Numbers: RP19–881–000. Applicants: Elba Express Company, L.L.C. PO 00000 Frm 00053 Fmt 4703 Sfmt 4703 Description: Compliance filing Order No. 587–Y Compliance Filing to be effective 8/1/2019. Filed Date: 3/25/19. Accession Number: 20190325–5037. Comments Due: 5 p.m. ET 4/8/19. Docket Numbers: RP19–882–000. Applicants: Texas Gas Transmission, LLC. Description: § 4(d) Rate Filing: Amendments to Neg Rate Agmts (IPL 34015, 34016) to be effective 3/25/2019. Filed Date: 3/25/19. Accession Number: 20190325–5042. Comments Due: 5 p.m. ET 4/8/19. Docket Numbers: RP19–883–000. Applicants: Midcontinent Express Pipeline LLC. Description: Compliance filing Compliance Filing Pursuant to Order No. 587–Y to be effective 8/1/2019. Filed Date: 3/25/19. Accession Number: 20190325–5046. Comments Due: 5 p.m. ET 4/8/19. Docket Numbers: RP19–884–000. Applicants: Maritimes & Northeast Pipeline, L.L.C. Description: Compliance filing MNUS Order 587–Y (Docket RM96–1–041) Compliance Filing to be effective 8/1/ 2019. Filed Date: 3/25/19. Accession Number: 20190325–5068. Comments Due: 5 p.m. ET 4/8/19. Docket Numbers: RP19–885–000. Applicants: Transcontinental Gas Pipe Line Company, LLC. Description: Compliance filing Order No. 587–Y Compliance (NAESB 3.1) to be effective 8/1/2019. Filed Date: 3/25/19. Accession Number: 20190325–5070. Comments Due: 5 p.m. ET 4/8/19. Docket Numbers: RP19–886–000. Applicants: Northern Border Pipeline Company. Description: § 4(d) Rate Filing: Compressor Usage Surcharge 2019 to be effective 5/1/2019. Filed Date: 3/25/19. Accession Number: 20190325–5088. Comments Due: 5 p.m. ET 4/8/19. Docket Numbers: RP19–887–000. Applicants: Texas Eastern Transmission, LP. Description: Compliance filing TETLP Order 587–Y (Docket RM96–1–041) Compliance Filing to be effective 8/1/ 2019. Filed Date: 3/25/19. Accession Number: 20190325–5092. Comments Due: 5 p.m. ET 4/8/19. Docket Numbers: RP19–888–000. Applicants: Trailblazer Pipeline Company LLC. Description: § 4(d) Rate Filing: Fuel Tracker 2019 to be effective 5/1/2019. E:\FR\FM\01APN1.SGM 01APN1

Agencies

[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]


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

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.

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

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)).
---------------------------------------------------------------------------

    \1\ Dyson's request is available at https://www.regulations.gov/document?D=EERE-2016-BT-WAV-0034-0005.
---------------------------------------------------------------------------

    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]]

---------------------------------------------------------------------------
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'').
---------------------------------------------------------------------------

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

    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):

------------------------------------------------------------------------
                Brand name                         Basic model No.
------------------------------------------------------------------------
Dyson.....................................  RB02
------------------------------------------------------------------------

    (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\
---------------------------------------------------------------------------

    \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.
---------------------------------------------------------------------------

    (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,

[[Page 12242]]

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


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