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