Proposed Rule2021-24367

Energy Conservation Program: Test Procedure for Battery Chargers

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Published
November 23, 2021

Issuing agencies

Energy Department

Abstract

The U.S. Department of Energy (``DOE'') proposes to amend the test procedures for battery chargers to improve test procedure representativeness. The proposal would: Establish a new appendix Y1 that would expand coverage of inductive wireless battery chargers and establish associated definitions and test provisions; establish a new test procedure approach that relies on separate metrics for active mode, stand-by, and off-mode (consequently removing the battery charger usage profiles and unit energy consumption calculation); and update the wall adapter selection criteria. DOE also proposes changes to appendix Y to reorganize two subsections, to clarify symbology and references, to correct an incorrect cross reference and section title, to update the list of battery chemistries, and to terminate an existing test procedure waiver because the covered subject models have been discontinued. DOE further proposes to mirror these changes in the newly proposed appendix Y1. DOE is seeking comment from interested parties on the proposals.

Full Text

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<title>Federal Register, Volume 86 Issue 223 (Tuesday, November 23, 2021)</title>
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[Federal Register Volume 86, Number 223 (Tuesday, November 23, 2021)]
[Proposed Rules]
[Pages 66878-66914]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-24367]



[[Page 66877]]

Vol. 86

Tuesday,

No. 223

November 23, 2021

Part V





Department of Energy





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10 CFR Parts 429 and 430





Energy Conservation Program: Test Procedure for Battery Chargers; 
Proposed Rule

Federal Register / Vol. 86, No. 223 / Tuesday, November 23, 2021 / 
Proposed Rules

[[Page 66878]]


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DEPARTMENT OF ENERGY

10 CFR Parts 429 and 430

[EERE-2020-BT-TP-0012]
RIN 1904-AE49


Energy Conservation Program: Test Procedure for Battery Chargers

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

ACTION: Notice of proposed rulemaking and request for comment.

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SUMMARY: The U.S. Department of Energy (``DOE'') proposes to amend the 
test procedures for battery chargers to improve test procedure 
representativeness. The proposal would: Establish a new appendix Y1 
that would expand coverage of inductive wireless battery chargers and 
establish associated definitions and test provisions; establish a new 
test procedure approach that relies on separate metrics for active 
mode, stand-by, and off-mode (consequently removing the battery charger 
usage profiles and unit energy consumption calculation); and update the 
wall adapter selection criteria. DOE also proposes changes to appendix 
Y to reorganize two subsections, to clarify symbology and references, 
to correct an incorrect cross reference and section title, to update 
the list of battery chemistries, and to terminate an existing test 
procedure waiver because the covered subject models have been 
discontinued. DOE further proposes to mirror these changes in the newly 
proposed appendix Y1. DOE is seeking comment from interested parties on 
the proposals.

DATES: DOE will accept comments, data, and information regarding this 
proposal no later than January 24, 2022. See section V, ``Public 
Participation,'' for details. DOE will hold a webinar on Wednesday, 
December 15, 2021, from 12:30 p.m. to 4:00 p.m. See section V, ``Public 
Participation,'' for webinar registration information, participant 
instructions, and information about the capabilities available to 
webinar participants. If no participants register for the webinar, it 
will be cancelled.

ADDRESSES: Interested persons are encouraged to submit comments using 
the Federal eRulemaking Portal at <a href="http://www.regulations.gov">www.regulations.gov</a>. Alternatively, 
interested persons may submit comments, identified by docket number 
EERE-2020-BT-TP-0012, by any of the following methods:
    (1) Federal eRulemaking Portal: <a href="http://www.regulations.gov">www.regulations.gov</a>. Follow the 
instructions for submitting comments.
    (2) Email: <a href="/cdn-cgi/l/email-protection#753714010110070c361d140712100706474547452125454544473510105b111a105b121a03"><span class="__cf_email__" data-cfemail="7f3d1e0b0b1a0d063c171e0d181a0d0c4d4f4d4f2b2f4f4f4e4d3f1a1a511b101a51181009">[email&#160;protected]</span></a>. Include the docket 
number EERE-2020-BT-TP-0012 or regulatory information number (``RIN'') 
1904-AE49 in the subject line of the message.
    No telefacsimiles (``faxes'') will be accepted. For detailed 
instructions on submitting comments and additional information on the 
rulemaking process, see section V ``Public Participation,'' of this 
document.
    Although DOE has routinely accepted public comment submissions 
through a variety of mechanisms, including postal mail or hand 
delivery/courier, the Department has found it necessary to make 
temporary modifications to the comment submission process in light of 
the ongoing COVID-19 pandemic. DOE is currently suspending receipt of 
public comments via postal mail and hand delivery/courier. If a 
commenter finds that this change poses an undue hardship, please 
contact Appliance Standards Program staff at (202) 586-1445 to discuss 
the need for alternative arrangements. Once the COVID-19 pandemic 
health emergency is resolved, DOE anticipates resuming all of its 
regular options for public comment submission, including postal mail 
and hand delivery/courier.
    Docket: The docket, which includes Federal Register notices, public 
meeting attendee lists and transcripts (if a public meeting is held), 
comments, and other supporting documents/materials, is available for 
review at <a href="http://www.regulations.gov">www.regulations.gov</a>. All documents in the docket are listed 
in the <a href="http://www.regulations.gov">www.regulations.gov</a> index. However, some documents listed in the 
index, such as those containing information that is exempt from public 
disclosure, may not be publicly available.
    The docket web page can be found at <a href="http://www.regulations.gov/docket?D=EERE-2020-BT-TP-0012">www.regulations.gov/docket?D=EERE-2020-BT-TP-0012</a>. The docket web page contains 
instructions on how to access all documents, including public comments, 
in the docket. See section V, ``Public Participation,'' for information 
on how to submit comments through <a href="http://www.regulations.gov">www.regulations.gov</a>.

FOR FURTHER INFORMATION CONTACT:
    Mr. Jeremy Dommu, 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. Telephone: 
(202) 586-9870. Email <a href="/cdn-cgi/l/email-protection#165766667a7f7778757345627778727764726547637365627f7978655673733872797338717960"><span class="__cf_email__" data-cfemail="6d2c1d1d01040c030e083e190c03090c1f091e3c18081e190402031e2d080843090208430a021b">[email&#160;protected]</span></a>.
    Mr. Michael Kido, U.S. Department of Energy, Office of the General 
Counsel, GC-33, 1000 Independence Avenue SW, Washington, DC 20585-0121. 
Telephone: (202) 586-8145. Email: <a href="/cdn-cgi/l/email-protection#d2bfbbb1bab3b7befcb9bbb6bd92baa3fcb6bdb7fcb5bda4"><span class="__cf_email__" data-cfemail="9af7f3f9f2fbfff6b4f1f3fef5daf2ebb4fef5ffb4fdf5ec">[email&#160;protected]</span></a>.
    For further information on how to submit a comment, review other 
public comments and the docket, or participate in a public meeting (if 
one is held), contact the Appliance and Equipment Standards Program 
staff at (202) 287-1445 or by email: 
<a href="/cdn-cgi/l/email-protection#18596868747179767b7d4b6c79767c796a7c6b496d7d6b6c7177766b587d7d367c777d367f776e"><span class="__cf_email__" data-cfemail="034273736f6a626d60665077626d676271677052766670776a6c6d704366662d676c662d646c75">[email&#160;protected]</span></a>.

SUPPLEMENTARY INFORMATION: DOE proposes to maintain the previously 
incorporated by reference standards and to incorporate by reference the 
following industry standards into part 430:

IEC 62301, (``IEC 62301''), ``Household electrical appliances--
Measurement of standby power, (Edition 2.0, 2011-01).''

    Copies IEC 62301 can be obtained from the International 
Electrotechnical Commission at 446 Main Street, Sixteenth Floor, 
Worcester, MA 01608, or by going to www.iec.ch.
    See section IV.M. for a discussion of this standard.

Table of Contents

I. Authority and Background
    A. Authority
    B. Background
II. Synopsis of the Notice of Proposed Rulemaking
III. Discussion
    A. Scope of Applicability
    1. Battery Chargers
    2. Inductive Wireless Battery Chargers
    B. Test Procedure
    1. External Power Supply Selection
    2. Battery Chemistry and End-of-Discharge Voltages
    3. Battery Selection
    4. Battery Charger Usage Profile and Unit Energy Consumption
    5. Battery Charger Modes of Operation
    6. Test Procedure Waivers Regarding Non-Battery-Charging Related 
Functions
    C. Corrections and Non-Substantive Changes
    1. Certification Flow Charts
    2. Testing and Certification Clarifications
    3. Cross-Reference Corrections
    4. Sub-Section Corrections
    D. Test Procedure Costs and Harmonization
    1. Test Procedure Costs and Impact
    2. Harmonization With Industry Standards
    E. Compliance Date and Waivers
IV. Procedural Issues and Regulatory Review
    A. Review Under Executive Order 12866
    B. Review Under the Regulatory Flexibility Act
    1. Description of Reasons Why Action Is Being Considered
    2. Objective of, and Legal Basis for, Rule
    3. Description and Estimate of Small Entities Regulated
    4. Description and Estimate of Compliance Requirements
    5. Duplication, Overlap, and Conflict With Other Rules and 
Regulations

[[Page 66879]]

    6. Significant Alternatives to the Rule
    C. Review Under the Paperwork Reduction Act of 1995
    D. Review Under the National Environmental Policy Act of 1969
    E. Review Under Executive Order 13132
    F. Review Under Executive Order 12988
    G. Review Under the Unfunded Mandates Reform Act of 1995
    H. Review Under the Treasury and General Government 
Appropriations Act, 1999
    I. Review Under Executive Order 12630
    J. Review Under Treasury and General Government Appropriations 
Act, 2001
    K. Review Under Executive Order 13211
    L. Review Under Section 32 of the Federal Energy Administration 
Act of 1974
    M. Description of Materials Incorporated by Reference
V. Public Participation
    A. Submission of Comments
    B. Issues on Which DOE Seeks Comment
VI. Approval of the Office of the Secretary

I. Authority and Background

    Battery chargers are included among the consumer products for which 
DOE is authorized to establish and amend energy conservation standards 
and test procedures. (42 U.S.C. 6295(u)) DOE's energy conservation 
standards and test procedures for battery chargers are currently 
prescribed at title 10 CFR 430.32(z), and 10 CFR part 430, subpart B, 
appendix Y (``Appendix Y''), respectively. The following sections 
discuss DOE's authority to establish test procedures for battery 
chargers and relevant background information regarding DOE's 
consideration of test procedures for this product.

A. Authority

    The Energy Policy and Conservation Act, as amended (``EPCA''),\1\ 
authorizes DOE to regulate the energy efficiency of a number of 
consumer products and certain industrial equipment. (42 U.S.C. 6291-
6317) Title III, Part B \2\ of EPCA established the Energy Conservation 
Program for Consumer Products Other Than Automobiles, which sets forth 
a variety of provisions designed to improve energy efficiency. This 
NOPR covers battery chargers, which are included under EPCA. (42 U.S.C. 
6291(32); 42 U.S.C 6295(u))
---------------------------------------------------------------------------

    \1\ All references to EPCA in this document refer to the statute 
as amended through the Energy Act of 2020, Public Law 116-260 (Dec. 
27, 2020).
    \2\ For editorial reasons, upon codification in the U.S. Code, 
Part B was re-designated Part A.
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    The energy conservation program under EPCA consists essentially of 
four parts: (1) Testing, (2) labeling, (3) Federal energy conservation 
standards, and (4) certification and enforcement procedures. Relevant 
provisions of EPCA specifically include definitions (42 U.S.C. 6291), 
test procedures (42 U.S.C. 6293), labeling provisions (42 U.S.C. 6294), 
energy conservation standards (42 U.S.C. 6295), and the authority to 
require information and reports from manufacturers (42 U.S.C. 6296).
    The Federal testing requirements consist of test procedures that 
manufacturers of covered products must use as the basis for: (1) 
Certifying to DOE that their products comply with the applicable energy 
conservation standards adopted pursuant to EPCA (42 U.S.C. 6295(s)), 
and (2) making representations about the efficiency of those consumer 
products (42 U.S.C. 6293(c)). Similarly, DOE must use these test 
procedures to determine whether the products comply with relevant 
standards promulgated under EPCA. (42 U.S.C. 6295(s))
    Federal energy efficiency requirements for covered products 
established under EPCA generally supersede State laws and regulations 
concerning energy conservation testing, labeling, and standards. (42 
U.S.C. 6297) DOE may, however, grant waivers of Federal preemption for 
particular State laws or regulations, in accordance with the procedures 
and other provisions of EPCA. (42 U.S.C. 6297(d))
    Under 42 U.S.C. 6293, EPCA sets forth the criteria and procedures 
DOE must follow when prescribing or amending test procedures for 
covered products. EPCA requires that any test procedures prescribed or 
amended under this section be reasonably designed to produce test 
results which measure energy efficiency, energy use or estimated annual 
operating cost of a covered product during a representative average use 
cycle or period of use, and not be unduly burdensome to conduct. (42 
U.S.C. 6293(b)(3))
    In addition, EPCA requires that DOE amend its test procedures for 
all covered products to integrate measures of standby mode and off mode 
energy consumption. (42 U.S.C. 6295(gg)(2)(A); see also 42 U.S.C. 
6295(u)(1)(B)(i)) Standby mode and off mode energy consumption must be 
incorporated into the overall energy efficiency, energy consumption, or 
other energy descriptor for each covered product unless the current 
test procedures already account for and incorporate standby and off 
mode energy consumption or unless such integration is technically 
infeasible. If an integrated test procedure is technically infeasible, 
DOE must prescribe a separate standby mode and off mode energy use test 
procedure for the covered product, if such test procedures are 
technically feasible. (42 U.S.C. 6295(gg)(2)(A)(ii)) Any such amendment 
must consider the most current versions of the International 
Electrotechnical Commission (``IEC'') Standard 62301 \3\ and IEC 
Standard 62087 \4\ as applicable. (42 U.S.C. 6295(gg)(2)(A))
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    \3\ IEC 62301, Household electrical appliances--Measurement of 
standby power (Edition 2.0, 2011-01).
    \4\ IEC 62087, Methods of measurement for the power consumption 
of audio, video, and related equipment (Edition 3.0, 2011-04).
---------------------------------------------------------------------------

    If DOE determines that a test procedure amendment is warranted, it 
must publish proposed test procedures and offer the public an 
opportunity to present oral and written data, views, and arguments with 
respect to such procedures. (42 U.S.C. 6293(b)(2)) EPCA also requires 
that DOE evaluate test procedures for each type of covered product at 
least once every 7 years to determine whether amended test procedures 
would more accurately or fully comply with the requirements for the 
test procedures to not be unduly burdensome to conduct and be 
reasonably designed to produce test results that reflect energy 
efficiency, energy use, and estimated operating costs during a 
representative average use cycle or period of use. (42 U.S.C. 
6293(b)(1)(A)) If the Secretary determines, on her own behalf or in 
response to a petition by any interested person, that a test procedure 
should be prescribed or amended, the Secretary shall promptly publish 
in the Federal Register proposed test procedures and afford interested 
persons an opportunity to present oral and written data, views, and 
arguments with respect to such procedures. (42 U.S.C. 6293(b)(2) The 
comment period on a proposed rule to amend a test procedure shall be at 
least 60 days and may not exceed 270 days. Id. In prescribing or 
amending a test procedure, the Secretary shall take into account such 
information as the Secretary determines relevant to such procedure, 
including technological developments relating to energy use or energy 
efficiency of the type (or class) of covered products involved. Id. If 
DOE determines that test procedure revisions are not appropriate, DOE 
must publish its determination not to amend the test procedures. (42 
U.S.C. 6293(b)(1)(A)(ii)) DOE is publishing this NOPR in satisfaction 
of the 7-year review requirement specified in EPCA. (42 U.S.C. 
6293(b)(1)(A))

B. Background

    On May 4, 2020, DOE published a request for information (``May 2020 
RFI'') seeking stakeholder comments and data on whether, since the last 
test procedure update, there have been changes in battery charger 
testing methodology or new products

[[Page 66880]]

introduced to the market that may necessitate amending the test 
procedure for battery chargers. 85 FR 26369. DOE specifically solicited 
feedback on possible approaches to testing inductive wireless battery 
chargers not designed for use in a wet environment, and whether any 
industry test procedures have been developed or were being developed to 
specifically address such products. 85 FR 26369, 26371. DOE requested 
data on how inductive wireless chargers were used in the field, 
particularly with regard to the placement of the wireless charging 
receiver found in end use products on the transmitting surface of the 
charger. Id. For battery charger products that require a wall adapter 
but do not come prepackaged with one, DOE requested comment on the 
characteristics of the wall adapters typically used by manufacturers 
for testing and certification purposes and, if different, the 
characteristics of the wall adapters used by consumers in real-world 
settings. DOE also requested comment on whether using a reference wall 
adapter for testing would be appropriate in such a situation. Id. DOE 
similarly requested comment on the appropriateness of testing a battery 
charger using a reference battery load. 85 FR 26369, 26372. DOE further 
requested comment on whether other parts of the battery charger test 
procedure need to be updated such as end-of-discharge voltages, 
prescribed battery chemistries, consumer usage profiles, battery 
selection criteria, and the battery charger waiver process. 85 FR 
26369, 26372-26373.
    DOE received comments in response to the May 2020 RFI from the 
interested parties listed in Table I.1.

    Table I.1--Written Comments Received in Response to May 2020 RFI
------------------------------------------------------------------------
                                    Reference in this
           Commenter(s)                   NOPR           Commenter type
------------------------------------------------------------------------
Association of Home Appliance      AHAM..............  Trade
 Manufacturers.                                         Association.
Association of Home Appliance      Joint Commenters..  Trade
 Manufacturers, Power Tool                              Association.
 Institute, Inc.
California Investor Owned          CA IOUs...........  Utility
 Utilities (Pacific Gas and                             Association.
 Electric Company, San Diego Gas
 and Electric, Southern
 California Edison).
Delta-Q Technologies Corp........  Delta-Q...........  Manufacturer.
Information Technology Industry    ITI...............  Trade
 Council.                                               Association.
Northwest Energy Efficiency        NEEA..............  Efficiency
 Alliance.                                              Organization.
Techtronic Cordless GP...........  TTI...............  Manufacturer.
Wireless Power Consortium........  WPC...............  Efficiency
                                                        Organization.
------------------------------------------------------------------------

    A parenthetical reference at the end of a comment quotation or 
paraphrase provides the location of the item in the public record.\5\
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    \5\ The parenthetical reference provides a reference for 
information located in the docket of DOE's rulemaking to develop 
energy conservation standards for pool heaters. (Docket No. EERE-
2020-BT-TP-0012, which is maintained at <a href="http://www.regulations.gov/#!docketDetail">www.regulations.gov/#!docketDetail</a>;D=EERE-2020-BT-TP-0012). The references are arranged 
as follows: (Commenter name, comment docket ID number, page of that 
document).
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II. Synopsis of the Notice of Proposed Rulemaking

    In this notice of proposed rulemaking (``NOPR''), DOE proposes to 
update appendix Y to reflect updates in battery chemistry and user 
profiles, to provide more explicit direction, correct cross-reference 
errors, and to improve organization of the test procedure, as follows:

    (1) Update terms used in the battery chemistry table;
    (2) Provide further direction regarding the application for a 
battery charger test procedure waiver when battery energy cannot be 
directly measured;
    (3) Provide more descriptive terms for battery energy and 
battery voltage values used for determining product class and 
calculating unit energy; and
    (4) Correct a cross-reference and a table title, further clarify 
certain references, and reorganize certain subsections for improved 
readability.

    DOE is also proposing to establish an amended test procedure for 
all covered battery chargers in a new appendix Y1, which would 
generally require that testing be conducted as provided in the proposed 
amendments to appendix Y, but with the following additional changes:

    (1) Establish definitions associated with inductive wireless 
power transfer, and differentiate between those that incorporate a 
physical receiver locating feature (e.g., a peg, cradle, dock, 
locking mechanism, magnet, etc.) for aligning or orienting the 
position of the receiver (``fixed-location'' wireless chargers) with 
respect to the transmitter and those that do not (``open-placement'' 
wireless chargers);
    (2) Include within the scope of the test procedure fixed-
location inductive wireless battery chargers, and add a separate no-
battery mode test for open-placement wireless chargers;
    (3) Remove the unit energy consumption (``UEC'') \6\ 
calculations and usage profiles and instead rely on separate metrics 
for active mode, standby mode, and off mode using E<INF>a</INF>, 
P<INF>sb</INF>, and P<INF>off</INF>, respectively, as measured by 
the newly established appendix Y1; and
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    \6\ The UEC represents the annualized amount of the non-useful 
energy consumed by a battery charger among all tested modes of 
operation. Non-useful energy is the energy consumed by a battery 
charger that is not transferred and stored in a battery as a result 
of charging, i.e., the losses.
---------------------------------------------------------------------------

    (4) Specify wall adapter selection priority and amend selection 
requirements for battery chargers that do not ship with a wall 
adapter and for which one is not recommended by the manufacturer.

    If the proposed amendments for appendix Y are finalized, 
manufacturers testing and reporting battery charger's energy use will 
have to do so based on the DOE test procedure as amended beginning 180 
days following the final rule. Furthermore, as proposed, manufacturers 
would not be required to test according to proposed appendix Y1 until 
such time as compliance is required with amended energy conservation 
standards, should such standards be amended.
    Additionally, DOE is not proposing amendments to address an 
existing test procedure waiver and extension of waiver (Case Nos. BC-
001 and 2018-012), having initially determined that the basic models 
subject to the waiver are no longer available on the market.
    DOE's proposed actions are summarized in Table II.1 compared to the 
current test procedure as well as the reason for the proposed change.

[[Page 66881]]



  Table II.1--Summary of Changes to the Current Test Procedure and the New Proposed Test Procedure Relative to
                                             Current Test Procedure
----------------------------------------------------------------------------------------------------------------
    Current DOE test procedure        Proposed test procedure   Applicable test procedure       Attribution
----------------------------------------------------------------------------------------------------------------
Only those wireless chargers that   Proposes to increase the 5  Appendix Y1..............  To reflect changes in
 operate in ``wet environments''     Wh limit to 100Wh and to                               the market.
 and have a battery energy of less   replace the ``wet
 than or equal to 5 watt-hours       environment'' designation
 (Wh) are in scope of the battery    with ``fixed-location
 charger test procedure.             wireless chargers'', such
                                     that wireless chargers
                                     meant for dry as well as
                                     wet environments would be
                                     in scope.
Does not differentiate between      Addresses open-placement    Appendix Y1..............  To reflect changes in
 types of wireless chargers.         wireless chargers and                                  the market.
                                     fixed-location wireless
                                     chargers, and proposes
                                     definitions for both.
Does not provide a test method for  Adds a no-battery mode      Appendix Y1..............  To reflect changes in
 open-placement wireless chargers.   test method for open-                                  the market and to
                                     placement wireless                                     improve
                                     chargers in a newly                                    representativeness.
                                     created section of the
                                     appendix.
Does not provide wall adapter       Adds wall adapter           Appendix Y1..............  To reflect changes in
 selection priority for chargers     selection order priority                               technology and to
 that do have associated wall        and removes the 5.0V DC                                improve
 adapters. For those that do not,    input criteria. For                                    representativeness
 current test procedure requires     battery chargers that do                               and comparability of
 DC battery chargers be tested       not ship with a wall                                   results.
 with 5.0 V DC for USB port          adapter and do not have a
 powered devices, or the midpoint    recommended adapter,
 of the rated input voltage range    proposes that the charger
 for others.                         be tested using a wall
                                     adapter that is minimally
                                     compliant with the
                                     applicable energy
                                     conservation standard and
                                     supplies the rated input
                                     voltage and current.
Battery chemistries specified in    Updates ``Lithium           Appendix Y and Appendix    To reflect changes in
 Table 3.3.2 do not reflect the      Polymer'' to ``Lithium-     Y1.                        the market.
 latest industry naming convention.  ion Polymer,'' and
                                     changes ``Nanophosphate
                                     Lithium-ion'' to
                                     ``Lithium Iron
                                     Phosphate''.
UEC calculation relies on usage     Removes battery charger     Appendix Y1..............  To improve
 profiles to determine the length    usage profiles and the                                 representativeness.
 of time spent in each mode of       UEC calculation; adopts
 operation.                          separate metrics, Ea, Psb
                                     and Poff, for the energy
                                     performance of a battery
                                     charger in each of the
                                     following three modes of
                                     operation respectively:
                                     Active mode, standby mode
                                     and off mode.
Total test duration might not       Prolongs the test duration  Appendix Y1..............  To improve
 capture the true maintenance mode   until maintenance mode                                 representativeness.
 power of certain battery chargers.  power has been captured
                                     representatively, if
                                     needed.
Manufacturer can report the         Provides specific           Appendix Y and Appendix    To improve
 battery discharge energy and the    direction to apply for a    Y1.                        representativeness.
 charging and maintenance mode       test procedure waiver if
 energy as ``Not Applicable'' if     the battery energies
 the measurements cannot be made.    cannot be directly
                                     measured.
Uses the designation ``Ebatt'' for  Changes the denotations to  Appendix Y...............  To improve
 both experimentally measured        ``Measured Ebatt'' for                                 readability.
 battery energy and representative   experimentally measured
 battery energy.                     battery energy, and
                                     ``Representative Ebatt''
                                     for representative
                                     battery energy, with
                                     further clarification in
                                     the footnotes.
Section 3.3.4 incorrectly           Corrects the cross-section  Appendix Y and Appendix    To improve
 references section 3.3.2 for        reference to Table 3.3.2.   Y1.                        readability.
 instructions on how to discharge
 batteries.
Table 3.3.2 is located after        Moves Table 3.3.2 to        Appendix Y and Appendix    To improve
 Section 3.3.10 (Determining the     Section 3.3.8.              Y1.                        readability.
 24-hour Energy Consumption) but
 is required for use in section
 3.3.8 (Battery Discharge Energy
 Test).
Certain sections use terms such as  Further clarifies the       Appendix Y and Appendix    To improve
 ``above'' or ``below'' for          referenced sections.        Y1.                        readability.
 references.
Battery charger standby mode and    Reorganizes sections        Appendix Y and Appendix    To improve
 off mode can be inappropriately     3.3.11 and 3.3.12 so        Y1.                        readability.
 tested if manufacturer does not     battery charger standby
 follow the test procedure in        and off modes can be
 order.                              tested correctly even if
                                     the test procedure order
                                     is not followed.
Column title in Table 3.3.3 states  Corrects the title to read  Appendix Y and Appendix    To improve
 ``Special characteristic or rated   ``Special characteristic    Y1.                        readability.
 battery voltage''.                  or highest rated battery
                                     voltage'' to clarify that
                                     for multi-voltage
                                     chargers, the highest
                                     battery voltage must be
                                     used to determine product
                                     class.
----------------------------------------------------------------------------------------------------------------

    DOE has tentatively determined that, of the proposed amendments 
described in section III of this NOPR, the proposals in appendix Y1 to 
require testing with a minimally compliant wall adapter, increase the 
scope of wireless chargers, and to remove the usage profiles and UEC 
calculation would result in a value for measured energy use that is 
different from that measured using the current test procedure. However, 
as proposed, testing in accordance with these specific proposed changes 
would not be required until such time as compliance is required with 
new and amended energy conservation standards. DOE further clarifies 
that if the proposed

[[Page 66882]]

amendments for appendix Y were made final manufacturers testing and 
reporting a battery charger's energy use will have to do so based on 
the DOE test procedure at appendix Y as amended beginning 180 days 
following the final rule. DOE has also determined that the test 
procedure will not be unduly burdensome to conduct. Discussion of DOE's 
proposed actions are addressed in detail in section III of this NOPR.

III. Discussion

    As stated, EPCA requires DOE to periodically review the test 
procedure for battery chargers and determine whether amendments to the 
test procedure would more accurately or fully comply with the 
requirements regarding representativeness and test burden. (42 U.S.C. 
6293(b)(1)(A)) In the following sections, DOE discusses in detail 
relevant test procedure issues, proposes changes to the current DOE 
test procedure for battery chargers, and responds to relevant comments 
received in response to the May 2020 RFI. The Joint Commenters and AHAM 
stated in response to the May 2020 RFI that there are no product or 
testing changes that would warrant a significant update to DOE's 
current battery charger test procedure, recommended only minor 
revisions, and urged DOE to prioritize other issues. (Joint Commenters, 
No. 6 at pp. 1-2, AHAM, No. 5 at p. 2) DOE is undertaking this 
rulemaking pursuant to the periodic review as required by EPCA. As 
discussed in the following sections, DOE has initially determined that 
amending the current test procedure (and adding a new appendix) as 
proposed would more fully comply with the requirements in EPCA 
regarding representativeness and test burden. (42 U.S.C. 6293(b)(3))

A. Scope of Applicability

1. Battery Chargers
    This rulemaking applies to battery chargers, which are devices that 
charge batteries for consumer products, including battery chargers 
embedded in other consumer products. 10 CFR 430.2. (See also 42 U.S.C. 
6291(32)) Functionally, a battery charger is a power conversion device 
used to transform input voltage to a suitable voltage for charging 
batteries used to power consumer products. (See 42 U.S.C. 6291(32)) A 
battery charger may be wholly embedded in another consumer product, 
partially embedded in another consumer product, or wholly separate from 
another consumer product. Id.
    DOE's current battery charger test procedure applies to battery 
chargers that operate at either direct current (``DC'') or United 
States alternating current (``AC'') line voltage (115 Volts at 60 
Hertz), as well as to uninterruptible power supplies that have an AC 
output and utilize the standardized National Electrical Manufacturer 
Association (``NEMA'') plug, 1-15P or 5-15P, as specified in American 
National Standards Institute ``ANSI''/NEMA WD 6-2016.
    Appendix Y differentiates among different types of battery 
chargers, including batch chargers, multi-port chargers, and multi-
voltage chargers, as well as various battery chemistries. For each type 
of battery charger, appendix Y specifies test setup requirements and 
test battery selection, such as battery preparation steps, battery end-
of-discharge voltages, and battery charger usage profiles \7\ based on 
the respective product classes. These different specifications ensure 
that each battery charger is tested to produce results that measure 
energy use during a representative average use cycle or period of use.
---------------------------------------------------------------------------

    \7\ In section III.B.4, DOE discusses a proposal to remove the 
UEC metric and the associated usage profile in favor of a multi-
metric approach that would measure the energy performance of battery 
chargers in each mode of operation (active, standby and off modes) 
independently. If such a proposal were to be finalized, usage 
profiles would no longer be unnecessary.
---------------------------------------------------------------------------

2. Inductive Wireless Battery Chargers
    DOE's current energy conversation standards for battery chargers 
were published on June 13, 2016 (``June 2016 Final Rule''). The 
standards cover inductive wireless battery charger products (also 
referred to as ``wireless power devices'') only to the extent that such 
products are designed and manufactured to operate in a wet environment 
(i.e., Product Class 1). 81 FR 38266, 38282; 10 CFR 430.32(z)(1). DOE 
established standards for these wet-environment inductive wireless 
battery chargers (e.g., battery chargers found in wireless toothbrushes 
and electric shavers) after finding that the technology used in those 
products was mature. Id. DOE did not establish standards for other 
types of inductive wireless battery chargers to avoid restricting the 
development of newer, less mature inductively charged products. Id. 
Similarly, DOE did not generate usage profiles for other types of 
inductive wireless chargers at the time because of their nascent state 
of development and their lack of widespread availability in the 
marketplace. Id. Without usage profiles, a corresponding unit energy 
consumption value cannot be calculated. Id.
    In the May 2020 RFI, DOE requested comment on whether DOE should 
further clarify the term ``wet environment,'' whether any industry test 
procedures have been developed (or are being developed) to specifically 
address inductive wireless chargers other than those used in a wet 
environment, and data on how inductive wireless chargers are used in 
the field. 85 FR 26369, 26371.
    In response, CA IOUs and NEEA recommended that DOE create and 
define categories of wireless chargers based on whether they are 
dedicated wireless chargers, interoperable single device wireless 
chargers, and interoperable multiple device wireless chargers, and that 
DOE expand the scope to include all dedicated wireless chargers rather 
than just those that are under 5Wh or designed to work in wet 
environments. (CA IOUs, No. 9 at pp. 2-4, NEEA, No. 8 at p. 11) NEEA 
stated that wireless charging is expected to continue to be integrated 
into new consumer products and cited research suggesting that wireless 
charging could nearly double national energy use of battery chargers by 
2030. (NEEA, No. 8 at p. 1) NEEA noted that DOE's current test 
procedure already covers wired chargers associated with the same end 
uses as dedicated wireless charging systems. (NEEA, No. 8 at pp. 1-2). 
CA IOUs recommended that DOE eliminate the wet environment distinction, 
but that if DOE maintains the wet environment distinction that an 
ingress protection (``IP'') rating of IPX7 or IPX8 \8\ would be 
suitable to identify wet rated products. (CA IOUs, No. 9 at p. 5) 
Similarly, the Joint Commenters suggested that DOE re-define Product 
Class 1 as pertaining to inductive chargers that use a locating feature 
rather than ``inductive chargers for wet environments'' to avoid 
confusion. (Joint Commenters, No. 6 at p. 2) ITI stated that the term 
``wet environments'' would benefit from further clarification, and 
requested that DOE provide more examples of products within this 
category. (ITI, No. 7 at p. 3) Delta-Q commented that the distinction 
of use in a wet environment does not sufficiently define the scope of 
covered wireless charger products. (Delta-Q, No. 10 at p. 1) Delta-Q 
claimed that, although Product Class 1 is intended for low-power 
personal hygiene products, other chargers such as those for outdoor 
lawn mowers and drones may also be covered

[[Page 66883]]

by the wet environment characterization. Id. Delta-Q recommended that 
DOE continue to exclude non-hygiene products, asserting that they 
represent a rapidly-changing emerging market and that regulating their 
efficiency at this time could stifle innovation. (Delta-Q, No. 10 at p. 
1)
---------------------------------------------------------------------------

    \8\ IPX7 and IPX8 are both ingress protection levels as defined 
by IEC 60529, ``Degrees of Protection Provide by Enclosures (IP 
Code)''.
---------------------------------------------------------------------------

    As stated previously, inductive wireless battery chargers are 
subject to the DOE test procedures and energy conservation standards 
only to the extent that such battery chargers have an inductive 
connection and are designed for use in a wet environment. (See Table 
3.3.3 of appendix Y, footnote to Product Class 1) This scope of 
coverage includes those wireless charging products for which DOE 
determined in the June 2016 Final Rule had sufficiently mature designs 
such that regulation would not impede innovation, e.g., electric 
toothbrushes and shavers. 81 FR 38266, 38283. While DOE refers to these 
as ``wet environment'' products, this term refers to products found in 
wet environment applications, not the level of waterproofing. But, as 
discussed further in this section, DOE is proposing to remove the ``wet 
environment'' distinction altogether.
    The wet environment products covered in scope require sealing to 
prevent moisture ingress, and typically use a locating feature, such as 
a peg, cradle or a dock, to confine the physical engagement of the 
receiver (i.e., consumer product) and the transmitter (i.e., charger). 
85 FR 26369, 26371. This feature provides relatively consistent 
placement of the receiver during testing. Id. The consistent physical 
alignment of the receiver to the transmitter enables the battery 
charger's energy performance to be measured repeatably using DOE test 
procedure. But DOE tentatively finds that approaches providing 
consistent receiver-transmitter alignment are now being used in non-wet 
environments.
    Therefore, by adding a new appendix Y1 and eliminating the ``wet-
environment'' limitation on inductive wireless battery chargers 
currently contained in appendix Y, DOE would be subjecting inductive 
wireless battery chargers as a whole to testing in appendix 
Y1testingY1. DOE further proposes to define the term ``fixed-location'' 
wireless charger in appendix Y1 to refer to inductive wireless battery 
chargers that incorporate a physical receiver locating feature (e.g., a 
peg, cradle, dock, locking mechanism, magnet, etc.) to repeatably align 
or orient the position of the receiver with respect to the transmitter, 
and to require that battery chargers meeting such a definition be 
subject to the DOE test procedure regardless of whether it is for a 
wet-environment. This proposed amendment to include fixed-location 
inductive wireless chargers would cover products such as inductive 
chargers for electronic watches, fitness bands, smartphones, wireless 
earbuds, and wireless speakers, if the basic model prioritizes wireless 
charging of a battery and has a physical receiver locating feature.
    DOE also proposes to increase the rated battery energy limit of 
fixed-location wireless chargers in appendix Y1 from <=5 Wh to <100 Wh 
in order to address the broader scope of battery chargers that 
currently employ inductive wireless connections and to accommodate 
potential future product designs that may have larger battery energies. 
For battery chargers, the UEC metric represents an annualized amount of 
non-useful energy consumed by a battery charger in all modes of 
operation by combining the energy or power consumption in each mode 
with specified usage profiles (i.e. the time spent in that mode) and 
subtracting from it the discharged energy of a fully charged battery. 
Table 3.3.3 of appendix Y established such usage profiles for different 
classes of battery chargers, including inductive wireless chargers, 
defined by ranges of battery energy and voltage. At the time of the 
June 2016 Final Rule, inductive wireless chargers designed for use in 
wet environments were all found to have a battery energy under 5Wh. 81 
FR 38266, 38283. As such, Table 3.3.3 of appendix Y specifies a rated 
battery energy of <=5 Wh for Product Class 1. But, since the June 2016 
Finale Rule, products on the market that rely on such inductive 
wireless charger designs have grown to include electronic wearable 
devices such as watches, fitness trackers, wireless earbuds, and even 
some smartphones. DOE has conducted initial research and found that 
although most of the fixed-location inductive wireless chargers were 
designed for batteries with lower energy ratings, typically within 
20Wh, there are some fixed-location inductive wireless chargers that 
can charge products with higher battery energy levels of around 80Wh, 
namely inductively charged power tool products. DOE is not able to find 
fixed-location inductive chargers designed for products with battery 
energy of more than 100Wh. Therefore, DOE tentatively concludes that a 
rated battery energy limit of <100 Wh would appropriately cover the 
range of products that would be newly included in scope as a result of 
DOE's proposal to remove the wet environment designation.
    As noted, in section III.B.4, DOE discusses the proposal to remove 
the UEC metric and the associated usage profile in favor of a multi-
metric approach that provides the energy performance of battery 
chargers in each mode of operation (active, standby, and off modes) 
independently. If such a proposal were finalized, usage profiles based 
on battery energy limits would be unnecessary altogether.
    DOE seeks comment on its proposal to define fixed-location wireless 
chargers in appendix Y1 and whether this definition accurately captures 
all the types of wireless chargers with locating features that are on 
the market; its proposal to remove the ``wet environment'' designation 
for wireless chargers; its proposal to revise the scope of Product 
Class 1 to include all fixed-location wireless chargers in appendix Y1; 
and its proposal to increase the rated battery energy limit for fixed-
location wireless chargers from <=5 Wh to <100 Wh in appendix Y1 to 
accommodate the range of inductive wireless battery chargers on the 
market and potential future product designs that may have larger 
battery energies. DOE also requests information on which types of 
inductive wireless battery chargers would be subject to DOE regulations 
due to the proposed change in scope, including any corresponding usage 
data, if available.
    DOE also proposes to define the term ``open-placement'' wireless 
chargers in appendix Y1 to address wireless charging products that do 
not have a physical locating feature (e.g., charging mats). CA IOUs, 
NEEA, and ITI stated in response to the May 2020 RFI that there are 
difficulties in testing open-placement wireless chargers, but 
encouraged DOE to continue working with stakeholders to establish 
either its own uniform wireless charger test method or adopt one being 
developed by the industry, such as ANSI/Consumer Technology Association 
(``CTA'') 2042.3 \9\ (``ANSI/CTA 2042.3''), the WPC protocol,\10\ or 
the IEC 63288 test procedure.\11\ (CA IOUs, No. 9 at pp.

[[Page 66884]]

1-2, ITI, No. 7 at pp. 1, 3-4, NEEA, No. 8 at p. 6) CA IOUs suggested 
that wireless chargers are no longer a nascent technology; however, 
NEEA claimed that wireless chargers are still relatively nascent when 
compared to other charging technologies. (CA IOUs, No. 9 at p. 2, NEEA, 
No. 8 at p. 5) CA IOUs and NEEA commented that wireless chargers are 
rapidly growing in popularity, and that because of the wide variation 
in efficiency, wireless chargers present significant opportunities for 
energy savings. (CA IOUs, No. 9 at pp. 1-2, NEEA, No. 8 at pp. 1-3, 
ITI, No. 7 at pp. 3-4) WPC further commented that wireless chargers 
still need to be tested uniquely to account for the wide charging area, 
unique standby, and end of charge behavior, irrespective of whether the 
system is treated as a battery charger or as an external power supply 
(``EPS''). (WPC, No. 4 at p. 2) NEEA suggested that interoperable 
(i.e., open-placement) wireless chargers are similar to EPSs, in which 
standby power and active mode efficiency are regulated separately. 
(NEEA, No. 8 at pp. 4-5 and 7-9) WPC also asserted that the term 
``wireless battery chargers'' may be misleading and cause overly 
burdensome testing for wireless power sources, and that wireless 
chargers are better classified as EPSs because of their lack of battery 
charging circuitry and their AC-to-DC power conversion nature. (WPC, 
No. 4 at p. 2) Similarly, for open-placement wireless power transfer 
devices, CA IOUs and NEEA suggested that DOE implement a standby power 
measurement in the interim while an active mode test method continues 
to be developed. (CA IOUs, No. 9 at p. 2, NEEA, No. 8 at pp. 9-10).
---------------------------------------------------------------------------

    \9\ American National Standards Institute/Consumer Technology 
Association Standard 2042.3, ``Methods of Measurement for Power 
Transfer Efficiency and Standby Power of Wireless Power Systems''.
    \10\ Wireless Power Consortium, ENERGY STAR Test Method for 
Wireless Power Transmitters, test procedure development in progress.
    \11\ International Electrotechnical Commission IEC 63288, 
``Wireless Power Transfer--Measuring method for wireless power 
transfer efficiency and standby power--mobile phone''. For more 
information on the development of IEC 63288, including access to 
drafts of the test procedure, visit www.iec.ch/dyn/www/
f?p=103:7:516407272337837::::SP_ORG_ID,FSP_LANG_ID:10039,25.
---------------------------------------------------------------------------

    DOE recognizes the increasing usage of open-placement inductive 
wireless chargers designed to work with a range of products by 
supporting multiple wireless charging protocols and having physical 
form factors that do not restrict engagement or alignment to one 
specific end use device. DOE also recognizes that, as indicated by 
commenters, a number of challenges remain with establishing a 
representative test procedure for these interoperable open-placement 
inductive wireless products. First, efficiency of wireless power 
transfer varies greatly depending on the alignment of the receiver with 
respect to the transmitter. A test procedure designed to capture the 
representative energy performance of such a device would need to 
repeatably measure the average power transfer efficiency across the 
full range of possible placement positions on the transmitter. Second, 
representative test load(s) would need to account for all charging 
scenarios because these open-placement wireless chargers are designed 
to work with various third-party products. Third, these devices also 
typically incorporate other non-battery-charging related features 
inherent to implementing an open-placement design, such as foreign 
object detection circuits, that may affect charging efficiency.
    DOE acknowledges the industry's progress in developing test methods 
for open-placement wireless chargers, such as ANSI/CTA 2042.3, the WPC 
protocol, and the IEC 63288 test procedure. These test methods specify 
the use of either one reference receiver at multiple charging positions 
on the transmitter or require using multiple receivers at an optimal 
receiver placement point. DOE has reviewed these industry test 
standards, and tentatively finds that they do not sufficiently address 
the challenges with respect to repeatability of placement and ensuring 
use of a representative third-party receiver. DOE, working in 
conjunction with industry organizations such as the WPC, has found that 
mitigating these challenges is difficult. To-date, that work has 
yielded test methods that either lack repeatability or result in 
significant test burden. In addition, evaluating whether a particular 
test procedure measures the energy performance of open-placement 
wireless chargers during a representative average use cycle, 
specifically during active mode operation, requires data on consumer 
usage at the various modes of operation. DOE lacks, and is unaware of, 
such data.
    Because data are lacking to develop a test procedure that would 
provide representative measurements of such a technology during active 
mode operation, DOE is not proposing a test procedure for measuring the 
active mode energy performance of open-placement wireless chargers in 
this NOPR. DOE will continue its efforts, working with industry bodies, 
such as WPC, IEC, and ANSI/CTA, to develop an active mode test 
procedure for open-placement wireless chargers that appropriately 
addresses the impact of receiver placement on charging efficiency, and 
will continue to gather relevant consumer usage data.
    DOE finds, however, that measuring the no-battery mode energy 
performance of an open-placement wireless charger would not be affected 
by the same issues discussed above for active-mode testing, and is more 
straightforward than measuring active-mode energy. Therefore, DOE 
proposes to create a new section 5 of appendix Y1 titled, ``Testing 
requirements for all open-placement wireless chargers,'' which would 
include instructions for testing open-placement wireless chargers in 
no-battery mode according to IEC 62301 Ed. 2.0. DOE proposes that, 
after observing a period of stability, the AC input power of the open-
placement wireless charger would be measured without any foreign 
objects (i.e., without any load) placed on the charging surface. DOE 
also proposes that if the open-placement wireless charger has power 
supplied by an EPS but does not come pre-packaged with such an EPS, 
then testing must be conducted with any compatible and commercially-
available EPS that is minimally compliant with DOE's energy 
conservation standards for EPSs as prescribed in 10 CFR 430.32(w). DOE 
notes that open-placement wireless chargers are not currently subject 
to energy conservation standards and are not subject to requirements 
regarding standby energy use. Were the proposed standby test procedure 
provisions to be adopted, open-placement wireless chargers would not be 
required to be tested according to such provisions until such time as 
compliance is required with any energy conservation standards that DOE 
may establish for these chargers. If the proposed amendments were made 
final, manufacturers voluntarily testing and reporting the energy usage 
of any open-placement wireless chargers would have to be based on the 
DOE test procedure as amended beginning 180 days following the final 
rule.
    DOE seeks comment on its proposal to define open-placement wireless 
chargers in appendix Y1 and whether this definition accurately captures 
all the types of wireless chargers without physical locating features 
that are on the market. DOE also requests comment on its proposal to 
require testing of the no-battery mode power consumption of these open-
placement wireless chargers.

B. Test Procedure

1. External Power Supply Selection
    Most battery chargers require the use of a power adapter to convert 
120 volt (``V'') AC line voltage into a low-voltage DC or AC output 
suitable for powering the battery charger. DOE's battery charger test 
procedure specifies that the battery charger be tested with the power 
adapter packaged with the charger, or the power adapter that is sold or 
recommended by the manufacturer. If a power adapter is not packaged 
with the charger, or if the manufacturer does not

[[Page 66885]]

sell or recommend a power adapter, then the battery charger is tested 
using a 5.0V DC input for products that draw power from a computer USB 
port, or using the midpoint of the rated input voltage range for all 
other products. Appendix Y, sections 3.1.4.(b) and 3.1.4.(c). However, 
the 5.0 V DC specification for products drawing power from a computer 
USB port may not be representative for battery chargers designed for 
operation only on DC input voltage and for which the manufacturer does 
not package the charger with a wall adapter or sell or recommend a wall 
adapter. The current generation USB specification can support up to 20 
V, per the voltage and current provisions of the most recent version of 
the International Electrotechnical Commission's (``IEC'') ``Universal 
serial bus interfaces for data and power--Part 1-2: Common components--
USB Power Delivery'' (``IEC 62680-1-2'') specification.
    In the May 2020 RFI, DOE requested information on the 
characteristics and technical specifications of the wall adapters 
typically used when testing battery chargers shipped without a wall 
adapter and for which a wall adapter is not recommended by the 
manufacturer. 85 FR 26369, 26371. DOE also sought detailed technical 
information and data on the characteristics of the wall adapters 
typically used in the real world with such battery chargers including, 
but not limited to, input and output voltages, output wattage, power 
supply topologies, output connector type, and the impact of these on 
average efficiencies. Id. Additionally, DOE sought comment on whether 
testing such battery chargers using a reference wall adapter would be 
appropriate, and if so, how a reference wall adapter should be defined.
    Both CA IOUs and ITI supported providing additional direction on 
the AC adapter used to test chargers that do not come with one. (CA 
IOUs, No. 9 at p. 4; ITI, No. 7 at p. 5) CA IOUs and ITI recommended 
that DOE provide minimum technical characteristics that must be met 
when testing battery chargers with external power supplies without an 
AC adapter pre-packaged, sold, or recommended by the manufacturer. Id. 
ITI further commented that the cable used can also affect power 
consumption, and that a reference wall adapter would work only if DOE 
designs one for universal connection types. (ITI, No. 7 at p. 5) The 
Joint Commenters stated that the test procedure already addresses USB 
chargers and therefore amendments are not necessary regarding the wall 
adapter provisions. (Joint Commenters, No. 6 at p. 2)
    Considering the current market and these comments, DOE proposes to 
require in appendix Y1 that when wall adapter is not pre-packaged with 
a battery charger (and the charger manufacturer does not sell or 
recommend a compatible charger), testing would be performed using any 
commercially-available EPS that is both minimally compliant with DOE's 
energy conservation standards for external power supplies (``EPS'') 
found in 10 CFR 430.32(w) and satisfies the EPS output criteria 
specified by the battery charger manufacturer. DOE recognizes that 
these battery chargers are always operated with an EPS by the consumer, 
and that testing them without one is unrepresentative of their actual 
use. Because the battery charger energy consumption is measured at the 
input, under the proposed appendix Y1 requirement to test these battery 
chargers with a minimally compliant EPS, the energy consumption of the 
minimally compliant EPS will be included when calculating the battery 
charger product's unit energy consumption, similar to the testing 
condition in which an EPS is supplied with the charger. DOE has 
tentatively concluded that this proposal would not result in additional 
test burden; the current battery charger test procedure already 
requires input power to be captured, and this proposal does not lead to 
additional test steps. Furthermore, this proposed EPS selection 
criterion would not be required until DOE amends the energy 
conservation standards to account for the updated EPS selection 
criteria, if adopted. However, manufacturers are still required to 
continue testing their battery charger products following the amended 
appendix Y, if made final, during the meantime. If the proposed 
appendix Y1 amendments were made final, manufacturers can voluntarily 
test and report any such representations based on the appendix Y1 test 
procedure as amended beginning 180 days following the test procedure 
final rule.
    When performing compliance or enforcement testing on such a battery 
charger basic model, DOE proposes that if the certified EPS is no 
longer available in the market, DOE would test the battery charger with 
any compatible minimally compliant EPS that meets the performance 
criteria. The intent of the proposal to test with a minimally compliant 
power supply is to allow manufacturers a wider selection of EPSs that 
are readily available, while ensuring that the battery charger is 
tested in a configuration representative of actual use. This proposal 
would also only apply to appendix Y1.
    Additionally, DOE is proposing to specify in section 3.1.4(b) of 
appendix Y the order of preference for the test configuration when a 
wall adapter is provided or recommended. DOE is proposing that a 
battery charger would be tested using the pre-packaged wall adapter; if 
the battery charger does not include a pre-packaged wall adapter, then 
the battery charger would be tested with a wall adapter sold and 
recommended by the manufacturer; if the manufacturer does not recommend 
a wall adapter that it sells, then the battery charger is to be tested 
with a wall adapter recommended by the manufacturer.
    ITI commented that input or output cables can affect a battery 
charger's power consumption but stopped short of quantifying their 
impact. (ITI, No. 7 at p. 5) DOE's analysis suggests that only output 
cables have the potential to notably impact power consumption, but that 
battery chargers are rarely shipped without an output cable. DOE, 
therefore, continues to require that battery chargers be tested with 
the output cable that is supplied with the device.
    DOE requests comment on the proposal to specify the priority of 
wall adapter selection in appendix Y1. DOE also requests comment on the 
proposal in appendix Y1 to replace the 5 V DC input requirement for 
those chargers that do not ship with an adapter, and one is not 
recommended, with the requirement that these chargers be tested with 
any compatible and commercially-available EPS that is minimally 
compliant with DOE's energy conservation standards for EPSs. DOE also 
requests comments on whether these proposals would result in increased 
test burden.
2. Battery Chemistry and End-of-Discharge Voltages
    The battery charger test procedure requires that, as part of the 
battery discharge energy test, the battery must be discharged at a 
specified discharge rate until it reaches the specified end-of-
discharge voltage stipulated in Table 3.3.2 of appendix Y. Appendix Y, 
section 3.3.8(c)(2). Table 3.3.3 defines different end-of-discharge 
voltages for different battery chemistries. A footnote to Table 3.3.2 
provides that if the presence of protective circuitry prevents the 
battery cells from being discharged to the end-of-discharge voltage 
specified, then the battery cells must be discharged to the lowest 
possible voltage permitted by the protective circuitry. Id.

[[Page 66886]]

    In the May 2020 RFI, DOE requested information on whether there 
have been any new battery chemistries that are not covered by the 
categories listed in Table 3.3.2 of appendix Y. 85 FR 26369, 26372. DOE 
also requested information on whether any of the end-of-discharge 
voltages listed for the battery chemistries under Table 3.3.2 of 
appendix Y need to be updated. Id.
    ITI and the Joint Commenters stated that they were not aware of any 
new battery technologies or changes to existing chemistries that would 
warrant an update to Table 3.3.2 of appendix Y. (ITI, No. 7 at p. 6; 
Joint Commenters, No. 6 at pp. 1-2) The Joint Commenters stated that 
the footnote to Table 3.3.2 addresses the end-of-discharge voltage of 
battery chemistries not explicitly included in Table 3.3.2. (Joint 
Commenters, No. 6 at p. 2)
    Delta-Q commented that, normally, the battery management system 
would terminate discharge before reaching the appendix Y specified end-
of-discharge voltage, which is consistent with the Table 3.3.2 
footnote. (Delta-Q, No. 10 at p. 1) Delta-Q stated that because of 
this, DOE should keep the protective circuitry guidelines in the test 
procedure, as it is representative of the charger's energy use. Id. 
Delta-Q also commented that the term ``Lithium Polymer'' listed in 
Table 3.3.2 is not clear because the term can refer to either an 
existing, but commercially unsuccessful, battery technology with cells 
that rely on a polymer electrolyte instead of a liquid electrolyte; or 
the term may refer to non-rigid laminated pouch packing, as is found in 
small consumer products. Id. Delta-Q also asserted that the term is 
altogether unnecessary in Table 3.3.2 since ``Lithium-Ion'' captures 
all lithium battery sub-types. Id. Delta-Q suggested that DOE remove 
the term ``Lithium Polymer'' from the table. Id. Delta-Q also commented 
that ``Nanophosphate Lithium-ion,'' which is included in Table 3.3.2, 
is a registered trademark and should be re-designated as ``Lithium Iron 
Phosphate,'' a common battery chemistry, to avoid unintentional 
referral to a proprietary product. Id.
    CA IOUs encouraged DOE to incorporate emerging battery chemistries 
but did not suggest any specific new battery chemistries. (CA IOUs, No. 
9 at p. 5)
    DOE is proposing to replace the term ``Lithium Polymer'' in Table 
3.3.2 of appendix Y with ``Lithium-ion Polymer.'' Lithium-ion polymer 
batteries are structurally different from lithium-ion batteries in that 
lithium-ion polymer batteries incorporate a polymer separator to reduce 
safety hazards. Although having the same end-of-discharge voltage as 
lithium-ion batteries, DOE proposes a separate listing for lithium-ion 
polymer batteries to reflect the structural differences of these 
batteries. DOE also proposes to update the term ``nanophosphate 
lithium-ion'' to refer to the non-proprietary version of this battery 
chemistry, i.e., ``lithium iron phosphate.'' DOE is proposing to 
incorporate these changes in the proposed appendix Y1, as well.
    Although the presence of protective circuitries allows some 
batteries to discharge to end-of-discharge voltages that are different 
from the voltages prescribed in Table 3.3.2 of appendix Y, such 
circuits are not universal, and accurate values for end-of-discharge 
voltages are required to ensure batteries are safely and 
representatively discharged when such circuits are not present. 
Therefore, no changes are proposed for the footnote regarding 
protective circuitries.
    DOE requests comment on the proposal to update the term ``Lithium 
Polymer'' to ``Lithium-ion Polymer''. DOE also requests comment on the 
proposal to rename the term ``Nanophosphate Lithium'' to the non-
proprietary term ``Lithium Iron Phosphate''.
3. Battery Selection
    Table 3.2.1 of appendix Y specifies battery selection criteria 
based on the type of charger being tested; specifically, whether the 
charger is multi-voltage, multi-port, and/or multi-capacity. For multi-
capacity chargers, Table 3.2.1 specifies using a battery with the 
highest charge capacity. Similarly, for multi-voltage chargers, Table 
3.2.1 specifies using the highest voltage battery. Section 3.2.3(b)(2) 
of appendix Y specifies that if the battery selection criteria 
specified in Table 3.2.1 results in two or more batteries or 
configurations of batteries with same voltage and capacity ratings, but 
made of different chemistries, the battery or configuration of 
batteries that results in the highest maintenance mode power must be 
used for testing.
    As indicated, some battery chargers (e.g., lead-acid battery 
chargers) can charge numerous combinations of batteries from third-
party vendors, and these battery chargers generally do not have a 
maximum battery capacity limit because, theoretically, multiple 
batteries can be connected in parallel to a single charger. For these 
devices, finding the most consumptive combination of charger and 
battery could require a number of trials.
    In the May 2020 RFI, DOE requested comment on how manufacturers are 
certifying battery chargers that can charge third-party batteries from 
different manufacturers but do not ship with batteries themselves. 85 
FR 26369, 26372. To address this scenario, DOE also requested feedback 
on possible alternate approaches to testing battery chargers, such as 
by replacing the batteries with a reference load during testing. Id.
    CA IOUs supported both the current battery selection criteria, and 
the concept of replacing the test batteries with a representative 
resistive load. (CA IOUs, No. 9 at p. 5) CA IOUs stated that this 
latter approach would require comprehensive study of multiple batteries 
with different chemistries from multiple manufacturers at various 
states to be accurate. Id. CA IOUs suggested that DOE analyze any 
developed dataset and validate it against actual battery values. Id. CA 
IOUs recommended that while a representative resistive load is being 
developed, DOE collect a set of reference measurements for a test 
laboratory to use in choosing batteries that meet the specified 
attributes and tolerances--and if multiple batteries meet the same 
criteria, the batteries shall be selected according to Table 3.2.1 of 
appendix Y. (CA IOUs, No. 9 at pp. 5-6)
    Delta-Q commented that for its multi-capacity chargers sold without 
a dedicated battery pack, it would choose commercially-available 
batteries with a maximum charge capacity based on the individual 
charger, following Table 3.2.1 of appendix Y. (Delta-Q, No. 10 at p. 2) 
Delta-Q further stated that it would choose a flooded lead acid battery 
to test with chargers that support multiple battery chemistries, 
asserting that flooded lead acid batteries have the lowest efficiency. 
Id. Delta-Q discouraged an approach that would test battery chargers 
with a reference load that simulates the characteristics of a battery. 
Id. Delta-Q stated that although using a reference load could improve 
test repeatability, it would be almost impossible to simulate the non-
linear response of many common battery chemistries in a way that would 
be representative of real-world energy consumption. Id. Delta-Q further 
stated that if DOE were to take this approach, it would propose testing 
a charger's power conversion efficiency at several steady-state 
operating points and calculating a weighted average. Id.
    As suggested by commenters, deriving a representative reference 
load that accurately models the performance of a battery would require 
a considerable amount of testing and development; in

[[Page 66887]]

addition, the rapid pace of evolution in battery design would require 
frequent updates that would likely outpace DOE's regulatory processes. 
Therefore, DOE is not proposing the use of reference test loads.
    Furthermore, none of the comments received indicated any particular 
difficulty testing battery chargers that can charge numerous 
combinations of batteries from third-party vendors. Therefore, DOE is 
not proposing any changes to the current battery selection criteria in 
Table 3.2.1 of appendix Y, or the proposed new appendix Y1.
4. Battery Charger Usage Profile and Unit Energy Consumption
    The UEC equation in section 3.3.13 of appendix Y combines various 
performance parameters, including 24-hour energy, measured battery 
energy, maintenance mode power, standby mode power, off mode power, 
charge test duration, and usage profiles. Table 3.3.3 specifies values 
for time spent (in hours per day) in active and maintenance mode, 
standby mode, off mode; number of charges per day; and threshold charge 
time (in hours). The usage profiles are based on data for a variety of 
applications and that primarily consisted of user surveys, metering 
studies, and stakeholder input that DOE considered during the 
rulemaking culminating in the June 2016 Final Rule. 81 FR 38266, 38287.
    In the May 2020 RFI, DOE requested feedback on whether the usage 
profiles listed in Table 3.3.3 of appendix Y required updating, with a 
particular interest in data specific to end-use device type and battery 
voltage. 85 FR 26369, 26372.
    Delta-Q and NEEA stated that they were not aware of any usage 
profile changes for both wired and wireless battery chargers. (Delta-Q, 
No. 10 at p. 2; NEEA, No. 8 at p. 10) NEEA recommended that DOE study 
and update the usage profiles to help develop a test procedure for 
dedicated and interoperable wireless chargers. (NEEA, No. 8 at p. 10) 
The Joint Commenters stated that the current usage profiles are 
sufficient and that there is no need to change them since manufacturers 
have already familiarized themselves with the current profile. (Joint 
Commenters, No. 6 at p. 3) CA IOUs commented that wireless chargers can 
have different user profiles that result in a longer maintenance 
charging period, but that most overnight charging profiles remain the 
same as wired chargers. (CA IOUs, No. 9 at pp. 5-6) CA IOUs recommended 
that DOE conduct additional research to develop a comprehensive set of 
usage profiles. (CA IOUs, No. 9 at p. 6)
    Currently, the energy use of a battery charger is captured by a 
single metric, UEC. UEC integrates active mode, stand-by mode, and off 
mode energy use in order to estimate the amount of non-useful energy 
(i.e. energy not transferred to the battery) consumed by the battery 
charger over the course of a year. UEC requires the use of usage 
profiles to appropriately reflect the period of time a product spends 
in each mode. DOE's product class-specific usage profiles were 
initially developed using the shipment weighted average usage hours of 
all the applications of battery chargers whose battery voltage and 
energy met the criteria for each product class. The intended result is 
for each usage profile to be appropriately representative of the usage 
of the product class as a whole. As the battery charger market 
continues to evolve, DOE has observed that the relative share of 
shipments among different types of products within a product class has 
changed; the types of products within a given product class as well as 
the usage patterns of the products within a product class have become 
more varied. For example, the current Product Class 2 includes both 
smartphones and home power tools--two products with widely different 
usage patterns and annual shipments. A more recent market review shows 
that the shipments for certain applications, such as smartphones, 
cordless phones, wireless headsets etc. have changed significantly 
since the usage profiles in appendix Y were originally established. 
Additionally, the market and shipments of battery chargers has shown to 
change over short periods of time as new products that rely on battery 
chargers emerge and are adopted by the market, and as consumer use of 
products that rely on battery chargers changes. As an example, note 
that the shipments for Digital Audio Players and Digital Cameras have 
declined significantly with the advent of smart phones that have 
similar built-in capabilities.
    As discussed, EPCA requires DOE to amend its test procedures for 
all covered products to include standby mode and off mode energy 
consumption, with such energy consumption integrated into the overall 
energy efficiency, energy consumption, or other energy descriptor for 
each covered product, unless the Secretary determines that (i) the 
current test procedures for a covered product already fully account for 
and incorporate the standby mode and off mode energy consumption of the 
covered product; or (ii) such an integrated test procedure is 
technically infeasible for a particular covered product, in which case 
the Secretary shall prescribe a separate standby mode and off mode 
energy use test procedure for the covered product, if technically 
feasible. (42 U.S.C. 6295(gg)(2)(A)) DOE is also required to establish 
test procedures that are reasonably designed to produce test results 
which measure energy efficiency and/or energy use of a covered product 
during a representative average use cycle or period of use, as 
determined by the Secretary, and such test procedures must not be 
unduly burdensome to conduct. (42 U.S.C. 6293(b)(3)) Therefore, when 
considering the feasibility of a test procedure that provides for a 
metric that integrates active mode, standby mode, and off mode energy 
use DOE must also consider the representativeness and burden of the 
test procedure.
    The current test procedure approach specifies an integrated metric 
relying on usage profiles, but changes in consumer use of a limited 
number of products within a product class and the emergence of new 
products can both impact the representativeness of that usage profile. 
As the market and usage of battery chargers continues to evolve, the 
current test procedure approach risks becoming less representative, 
absent additional and continuously-revised usage profiles. Because the 
test procedure metric requires integrating active mode, standby mode, 
and off mode energy use, the need for new or amended usage profiles 
would potentially result in the need to repeatedly amend test 
procedures, which in turn potentially would require manufacturers to 
update representations, increasing manufacturer burden.
    In an effort to maintain the representativeness of the test 
procedure for battery chargers while minimizing the potential need for 
future amendments, DOE is proposing an approach that does not rely on 
the UEC equation or usage profiles. Specifically, DOE is proposing in 
appendix Y1 to establish an approach that relies on a separate metric 
for each of the following modes of operation: Active mode, standby mode 
and off mode. This proposal is discussed in further detail in section 
III.B.5 of this NOPR.
    DOE notes that if it were to adopt the proposed multi-metric 
approach, compliance with the test procedure in appendix Y1 would not 
be required until such time as DOE were to amend the energy 
conservation standards for battery chargers based on the revised test 
procedure in compliance with EPCA. (42 U.S.C. 6295(o) and 42 U.S.C. 
6295(gg)(3)(A)-(B))

[[Page 66888]]

    DOE requests feedback on the proposal to remove the specification 
of usage profiles and the associated UEC calculation in appendix Y1, to 
be replaced with an approach that relies on separate metrics for active 
mode, standby mode, and off mode. For further consideration of the 
existing approach, DOE requests, for all applications in each product 
class, data such as the percentage of time spent in each mode of 
operation along with data sources for consideration in updating the 
usage profiles for battery chargers.
5. Battery Charger Modes of Operation
a. Active Mode
    Battery charger active mode is the state in which the battery 
charger system is connected to the main electricity supply and is 
actively delivering power to bring the battery to a fully charged 
state, as defined in section 2.1 of appendix Y. Appendix Y currently 
tests the active mode power consumption along with battery maintenance 
mode power \12\ to produce a consolidated 24-hour energy consumption 
value, or E<INF>24</INF>, which is then used in the UEC calculation. As 
previously discussed, DOE is proposing to replace the UEC metric system 
with a discrete multi-metric approach that determines the energy 
efficiency and energy use of the active mode, standby mode, and off 
mode power consumption separately.
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    \12\ Maintenance mode is the operation of a battery charger to 
maintain a battery at full charge while a battery remains in the 
charger after fully charged. Under the current test procedure the 
characterization of maintenance mode as active mode or standby mode 
is less critical because the current test procedure metric 
integrates the modes. As discussed in the following section, DOE has 
tentatively characterized maintenance mode as part of standby mode.
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    In the newly proposed appendix Y1, DOE proposes to use a charge 
test in which the test period would begin upon insertion of a depleted 
battery and would end when the battery is fully charged. The active 
mode energy, E<INF>a</INF> would represent the accumulated input 
energy, meaning the average input power integrated over this test 
period.
    Similar to the procedure currently in section 3.3.2 of appendix Y 
(Determining the Duration of the Charge and Maintenance Mode Test), if 
a battery charger has an indicator to show that the battery is fully 
charged, that indicator would be used to terminate the active mode 
test. If no indicator besides the manufacturer's instructions indicates 
how long it should take to charge the test battery, the active mode 
test would be conducted for the longest estimated charge time as 
provided in the manufacturer's materials. If the battery charger does 
not have such an indicator and a manufacturer does not provide such a 
time estimate, the length of the active mode test would be 1.4 
multiplied by the rated charge capacity of the battery divided by the 
maximum charge current. DOE also proposes to arrange sections of 
appendix Y1 such that the battery discharge test is performed 
immediately after this active mode test is completed and prior to 
continuing to the 24-hour charge and maintenance mode test that would 
then be used to determine maintenance mode power.
    In DOE's experience, it may be possible to analyze the resulting 
data from the 24-hour charge and maintenance mode energy consumption 
test and divide it into its constituents; i.e., the active mode energy 
and maintenance mode power. Under this alternative approach, active 
mode energy consumption, E<INF>a</INF>, would be the time series 
integral of the power consumed from the point when the battery was 
first inserted (or plugged in for chargers with integrated batteries) 
until the measured data indicate a drop in power associated with the 
transition from active charging to maintenance mode. Under this 
approach, a single test period would provide the necessary measurements 
for the active mode energy, E<INF>a</INF>, from the 24-hour charge and 
maintenance mode test data.
    DOE is proposing a separate test for active mode to allow the 
battery discharge test to be conducted immediately afterwards and prior 
to the maintenance mode test. This would ensure that the energy put 
into the battery can be directly compared to the energy extracted from 
it without any contribution from other modes of operation such as 
maintenance mode. However, DOE may also consider the discussed 
alternate approach in the development of the final rule.
    DOE requests comment on the proposed approach to determining active 
mode energy, as well as the suggested alternate method. In particular, 
under the alternate method, DOE requests comment on how to define the 
drop in power associated with the transition from active charging to 
maintenance mode, such that this method would provide repeatable and 
reproducible results.
b. Standby Mode and Battery Maintenance Mode
    Standby mode is the condition in which an energy-using product 
is:
    (1) Connected to a mains power source; and
    (2) Offers 1 or more of the following user-oriented or 
protective functions:
    (aa) To facilitate the activation or deactivation of other 
functions (including active mode) by remote switch (including remote 
control), internal sensor, or timer.
    (bb) Continuous functions, including information or status 
displays (including clocks) or sensor-based functions.

(42 U.S.C. 6295(gg)(1)(A)(iii))
    Appendix Y defines standby mode for battery chargers as the 
condition in which a battery charger is connected to mains electricity 
supply, the battery is not connected to the charger--and for battery 
chargers with manual on-off switches, all switches are turned on. 
Appendix Y also includes a definition for maintenance mode in section 
2.8 to mean the mode of operation in which the battery charger is 
connected to the main electricity supply and the battery is fully 
charged but still connected to the charger. In maintenance mode, a 
battery charger continuously monitors the voltage of the fully charged 
battery and periodically supplies charge current to maintain the 
battery at the fully-charged state.
    As mentioned previously, because the current test procedure relies 
on a metric that integrates active mode, standby mode, and off mode, it 
is less critical as to whether maintenance mode is characterized as 
standby mode as compared to the proposed multi-metric approach. The 
current ``standby mode'' definition in appendix Y only captures what 
can be referred to as ``no-battery mode,'' i.e., the condition where a 
battery charger is connected to a mains power source but a battery 
itself has not yet been inserted. In the context of the proposed multi-
metric approach, DOE has tentatively determined that maintenance mode 
is also appropriately characterized as a standby power mode. In 
maintenance mode, a battery charger provides continuous monitoring of 
the battery charge. While a battery charger provides some limited 
charging in maintenance mode in order to maintain the battery at full 
charge, it is not charging a depleted battery. Unlike active mode, 
maintenance mode can persist indefinitely. As an example, power tool 
chargers in residential environments routinely spend an indefinite 
amount of time maintaining batteries that are not regularly used but 
are required to be fully charged. In addition to balancing and 
mitigating self-discharge of the cells, these chargers also typically 
provide a status display indicating that the battery is in the fully 
charged state and ready for use. As previously mentioned, DOE has 
tentatively determined that these continuous functions in maintenance

[[Page 66889]]

mode satisfies both EPCA's and IEC 62301's definition of standby.
    To better account for these conditions, DOE proposes to rename what 
is currently defined in appendix Y as standby mode to ``no-battery 
mode'' in appendix Y1 (and reference this term, as appropriate, 
throughout appendix Y1). DOE also proposes to define in appendix Y1 the 
term ``standby mode'' to capture both no-battery mode and maintenance 
mode. Specifically, DOE proposes that in appendix Y1, standby mode 
power of a battery charger (P<INF>sb</INF>), would be calculated as the 
sum of the no-battery mode power (P<INF>nb</INF>), and maintenance mode 
power (P<INF>m</INF>).
    DOE requests feedback on its proposed definition of standby mode in 
newly proposed appendix Y1 to capture both no-battery mode as well as 
maintenance mode. DOE also requests feedback on its proposal to define 
standby power, or P<INF>sb</INF>, to mean the summation of the no-
battery mode (P<INF>nb</INF>) and maintenance mode (P<INF>m</INF>).
    In proposing to replace the UEC metric with mode-specific metrics, 
DOE considered utilizing the existing E<INF>24</INF> metric instead of 
the proposed active mode energy E<INF>a</INF>. E<INF>24</INF> captures 
the energy performance of a battery charger in active mode as well as 
some time spent in maintenance mode. However, in doing so maintenance 
mode would have been captured twice--once as part of E<INF>24</INF> and 
again as part of the proposed definition of standby mode. DOE believes 
that regulating maintenance mode and no-battery mode in terms of their 
power consumption (i.e., in watts), rather than as an energy 
consumption metric over a certain period of time (i.e., in watt-hours), 
is more appropriate and representative because of the indefinite amount 
of time a battery charger may spend in either of these modes, as 
described above. As such, DOE is proposing that maintenance mode be 
accounted for as part of standby mode instead of within the 
E<INF>24</INF> metric in conjunction with active mode.
    Per section 3.3.9 of appendix Y, maintenance mode power is 
currently measured by examining the power-versus-time data from the 
charge and maintenance test, and computing the average power that spans 
a whole number of cycles, and includes, at least, the last 4 hours of 
the test data. DOE considered an alternative test method in which 
maintenance mode power would be calculated as the highest rolling 
average over at least a 4-hour continuous time period during the charge 
and maintenance mode test, starting from when active mode charging 
ends. DOE, however, did not propose this alternate test method in this 
NOPR due to lack of sufficient data needed to determine if such a 
method would be appropriate for all battery chargers.
    DOE requests feedback on its proposed approach to rely on 
E<INF>a</INF>, P<INF>sb</INF> and P<INF>off</INF> instead of 
E<INF>24</INF>, P<INF>nb</INF> and P<INF>off</INF> to determine the 
energy performance of a battery charger, and whether a different 
approach exists that may provide test results that are more 
representative of the energy performance and energy use of battery 
chargers. DOE also requests comment on the described alternate approach 
to capturing maintenance mode power and whether such an approach would 
be representative of actual use for all battery chargers.
6. Test Procedure Waivers Regarding Non-Battery-Charging Related 
Functions
    DOE granted Dyson, Inc. (``Dyson'') a waiver from the current 
battery charger test procedure for a specified battery charger model 
(used in a robotic vacuum cleaner) and provided an alternate means for 
disabling non-battery-charging functions during testing.\13\ 82 FR 
16580 (Apr. 5, 2017). As described in the petition for waiver, the 
battery charger basic models subject to the waiver have a number of 
settings and remote management features not associated with the battery 
charging function, but are instead associated with the vacuum cleaner 
end product that must remain on at all times. 82 FR 16580, 16581. Dyson 
explained that it would be inappropriate to make these functions user 
controllable, as they are integral to the function of the robot. Id. 
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. DOE determined that the current test procedure at appendix 
Y would evaluate the battery charger basic models specified in the 
Orders granting the waiver and (related waiver extension) in a manner 
so unrepresentative of its true energy consumption characteristics as 
to provide materially inaccurate comparatively data. 82 FR 16580, 16581 
and 84 FR 12240, 12241. Pursuant to the approved test procedure waiver, 
the specified basic models must be tested and rated such that power to 
functions not associated with the battery charging process are disabled 
by isolating a terminal of the battery pack using isolating tape. Id. 
In the May 2020 RFI, DOE requested comment on whether the waiver 
approach is generally appropriate for testing basic models with similar 
features. 85 FR 26369, 26372-26373.
---------------------------------------------------------------------------

    \13\ Decision and Order Granting a Waiver to Dyson, Inc. From 
the Department of Energy Battery Charger Test Procedure (Case No. 
BC-001). Subsequently, DOE issued an Extension of Waiver to Dyson, 
Inc. to cover an additional basic model (Case No. 2018- 012). 84 FR 
12240 (Apr. 1, 2019).
---------------------------------------------------------------------------

    Delta-Q supported incorporating the waiver language into the test 
procedure to make available the same testing method available for other 
chargers with integrated non-charging features, such as DC-DC 
converters, communication, diagnostics, and datalogging, that increase 
user value and reduce cost and complexity. (Delta-Q, No. 10 at p. 2) 
The Joint Commenters and ITI also supported physically disabling non-
charging-related features, stating that the inclusion of these features 
during the charge and maintenance mode test would produce results that 
are not representative of a battery charger's actual use. (Joint 
Commenters, No. 6 at p. 3, ITI, No. 7 at p. 1, 8) The Joint Commenters 
suggested that DOE add a column to the certification report for 
manufacturers to indicate when special modifications were made to an 
end-use product for testing and certification purposes. (Joint 
Commenters, No. 6 at p. 3) The Joint Commenters recommended that DOE 
add additional anti-circumvention language that makes the intent of the 
approach to disable non-battery-charging functions clear. Id. ITI 
further commented that smart devices must be connected to a network and 
that DOE should update the test method to recognize the constant 
connectivity needs of these devices, including during charging. (ITI, 
No. 7 at p. 9) As an alternative, ITI suggested that DOE could also 
prescribe ``adders'' for different functions instead of allowing them 
to be disabled. (ITI, No. 7 at pp. 8-9)
    CA IOUs recommended that DOE continue to rely on the use of waivers 
and review them on a case-by-case basis, granting them only when 
publicly available solutions to make the product compliant with DOE's 
standards are unavailable. (CA IOUs, No. 9 at pp. 4-5) Furthermore, CA 
IOUs recommended that DOE only prescribe waivers to those products with 
core components that cannot be disabled without risk of damaging the 
product. Id.
    NEEA suggested that the robotic vacuum cleaner waivers should be 
discontinued, asserting that other manufacturers of similar products 
have been able to redesign their products to be successfully tested 
without a waiver in response to enforcement action taken

[[Page 66890]]

by the California Energy Commission (``CEC''). (NEEA, No. 8 at p. 10)
    Based on DOE's review of the market indicating that products 
subject to the waivers granted to Dyson are no longer available, DOE is 
not proposing to amend the test procedure to include instructions 
regarding disabling power to functions not associated with the battery 
charging process that are not consumer controllable. If made final, 
this proposal would terminate the existing Dyson waivers consistent 
with 10 CFR 430.27(h)(3) and 10 CFR 430.27(l).
    DOE is also not proposing to include different power consumption 
adders for non-battery-charging related functions. As stated, the DOE 
test procedure applies to battery chargers as that term is defined by 
EPCA and in the DOE regulations. Inclusion of power consumption adders 
for non-battery charging-related functions would result in a UEC or 
active energy consumption value unrepresentative of the energy use by 
the battery charger.

C. Corrections and Non-Substantive Changes

    Since the publication of DOE's current battery charger test 
procedure and energy conservation standards, DOE has received numerous 
stakeholder inquiries regarding various topics involving battery 
charger testing and certification. Based on these inquiries, DOE 
identified the need for certain minor corrections. These corrections 
are addressed in the following sections. Additionally, in the interest 
of improving overall clarity, DOE will include a flowchart in the 
docket outlining the required testing and certification process upon 
publication of a final rule.
1. Certification Flow Charts
    Upon publication of a final rule, DOE will include flowcharts in 
the docket, shown in Figure III.C.1 and Figure III.C.2,\14\ to help 
manufacturers better understand the battery charger testing and 
certification process. In particular, the flow charts would provide an 
overview of the testing and certification process including an overview 
of the basic model definition; the scope of DOE's battery charger test 
procedure; the required sample size; difference between a rated value, 
a represented value, and a certified rating; and the statistical 
criteria for determining compliance with energy conservation standards. 
The flow charts are not intended to address all aspects of the testing 
and certification requirements, but instead provide a general-level 
guide to the process. As such, manufacturers should not rely solely on 
the flow charts for testing and compliance. Manufacturers of battery 
chargers are required to comply with the applicable provisions under 10 
CFR parts 429 and 430.
---------------------------------------------------------------------------

    \14\ Figures III.C.1 and III.C.2 are included to clarify the 
process in this rulemaking only. Manufacturers should not rely 
solely on the flow charts as substantive guides for testing and 
compliance, should changes proposed in this NOPR be finalized.
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[GRAPHIC] [TIFF OMITTED] TP23NO21.192


[[Page 66892]]


[GRAPHIC] [TIFF OMITTED] TP23NO21.193

BILLING CODE 6450-01-C
    DOE requests stakeholder feedback on whether such flow charts will 
assist manufacturers through the certification testing and 
certification process. DOE also requests comment on whether the flow 
charts would benefit from the inclusion of any additional information.
2. Testing and Certification Clarifications
    DOE's current battery charger UEC calculation is prescribed in 
section 3.3.13 of appendix Y, with product

[[Page 66893]]

specific certification requirements prescribed in 10 CFR 429.39. In 
response to the May 2020 RFI, stakeholders submitted comments 
suggesting areas regarding the testing and certification requirements 
that may benefit from additional detail or re-organization.
a. Multiple Battery Combinations
    ITI suggested that DOE add the term ``representative testing'' to 
make it clear that testing is not required for every combination of 
battery pack and EPS if the battery packs and EPSs are identical in 
electrical ratings. (ITI, No. 7 at pp. 1-2) ITI commented that testing 
every combination would be time-consuming, costly, and requires 
excessive test samples, which produces nearly identical test results 
between combinations. (ITI, No. 7 at p. 2) ITI also suggested that the 
sample size should be reduced for products that pass DOE's energy 
conservation standards by more than a certain margin. (ITI, No. 7 at 
pp. 1-2)
    Manufacturers are required to test and certify basic models of 
battery chargers, as defined in 10 CFR 430.2. For battery chargers, the 
term ``basic model'' means all units of a given battery charger class 
manufactured by one manufacturer; having the same primary energy 
source; and, which have essentially identical electrical, physical, and 
functional characteristics that affect energy consumption and energy 
efficiency. 10 CFR 430.2. Individual units within a basic model may be 
distributed under different brand names but must be made by the same 
manufacturer. If the battery selection criteria specified in Table 
3.2.1 of appendix Y results in two or more batteries or configurations 
of batteries of different chemistries, but with equal voltage and 
capacity ratings, the battery or configuration of batteries with the 
highest maintenance mode power, as determined in section 3.3.9 of 
appendix Y, should be selected for testing. This would result in a 
single battery or a single configuration of batteries for conducting 
the test.
    In cases where the battery charger basic model's UEC passes DOE's 
energy conservation standards and shows consistent energy consumption, 
manufacturers have the potential to certify the product with only 2 
units tested so long as they follow the test procedure and the 
certification requirement. Otherwise, more samples would need to be 
tested until the sampling requirements of 10 CFR 429.39 are met.
b. Measured vs. Rated Battery Energy
    The product class distinctions provided in Table 3.3.3 of appendix 
Y are based in part on rated battery energy as determined in 10 CFR 
429.39(a), which in turn references the represented value of battery 
discharge energy. 10 CFR 429.29(a)(1). The calculation of UEC in 
section 3.3.13 of appendix Y is based in part on the tested (i.e., 
measured) battery energy.
    TTI commented that there is inconsistency when determining the 
battery charger product class between appendix Y and DOE's battery 
charger standard at 10 CFR 430.32(z). Under appendix Y, the term 
``E<INF>batt</INF>'' refers to the measured battery energy while under 
the standard (10 CFR 430.32(z), the term ``E<INF>batt</INF>'' refers to 
the rated battery energy determined in 10 CFR 429.39(a). (TTI, No. 3 at 
p. 1) TTI commented that because of this, different labs are using 
different battery energy values to determine battery charger product 
class and energy conservation standards, resulting in possibly 
inaccurate certifications. Id.
    As described, UEC calculation in section 3.3.13 of appendix Y 
incorporates the measured battery energy as determined in section 3.3.8 
of appendix Y. In contrast, determining the appropriate product class 
determination for purposes of standards compliance is based on the 
``rated'' battery energy (i.e., the represented value of the battery 
energy). To better distinguish between measured battery energy and 
rated (i.e., represented) battery energy, DOE proposes updating the 
nomenclature in appendix Y by modifying the ``E<INF>batt</INF>'' term 
used in the UEC calculation and usage profile selection in Table 3.3.3 
to ``Measured E<INF>batt</INF>''. DOE notes, however, that if the 
proposal to remove the UEC equation and usage profiles, as described in 
III.B.4 are finalized, all remaining instructions within appendix Y1 
will rely on measured E<INF>batt</INF>, such that distinguishing 
between measured and rated E<INF>batt</INF> would not be required.
    DOE requests comments on whether manufacturers and test 
laboratories are currently using ``measured'' battery energy or 
``rated''/``represented'' battery energy values to determine battery 
charger product class. DOE requests comment on its proposal to update 
the nomenclature in appendix Y to refer to ``Measured 
E<INF>batt</INF>'' and ``Represented E<INF>batt</INF>'' to better 
distinguish between the two values.
c. Alternate Test Method for Small Electronic Devices
    ITI recommended that DOE simplify the test procedure for small 
electronic devices by relying on the battery capacity as marked on the 
battery pack/cell instead of direct measurements. (ITI, No. 7 at p. 2) 
ITI claimed that this approach would simplify sample preparation for 
certain samples, avoid the need for obtaining special samples from the 
factory with unsealed enclosures, and avoid the difficulty of soldering 
test leads to a very small battery terminals in mobile products. Id.
    DOE has observed several occasions where the measured battery 
energy was lower than the capacity as marked on the battery pack/cell 
(i.e., nameplate) battery energy. In such cases, a test procedure 
reliant on the nameplate battery energy, rather than measured battery 
energy, could result in an unrepresentative value of UEC or active 
energy consumption. Accordingly, DOE is not proposing to amend the 
requirement to rely on the measured battery energy value for the 
purpose of the testing and certification.
d. Inability To Directly Measure Battery Energy
    Section 3.2.5.(f) of appendix Y states that when the battery 
discharge energy and the charging and maintenance mode energy cannot be 
measured directly due to any of the following conditions: (1) Inability 
to access the battery terminals; (2) access to the battery terminals 
destroys charger functionality; or (3) inability to draw current from 
the test battery, the battery discharge energy and the charging and 
maintenance mode energy shall be reported as ``Not Applicable.'' In 
such cases, the test procedure does not provide instruction on how to 
proceed with the remainder of the test, and an alternate test method 
must be used to measure battery discharge energy and the charging and 
maintenance mode energy. DOE therefore proposes to update section 
3.2.5(f) of appendix Y to explicitly state that if any of the 
aforementioned conditions are applicable, preventing the measurement of 
the battery discharge energy and the charging and maintenance mode 
energy, a manufacturer must submit a petition for a test procedure 
waiver in accordance with 10 CFR 430.27. The same provision would also 
be included as part of the new appendix Y1.
e. Determining Battery Voltage
    The product class distinctions provided in Table 3.3.3 of appendix 
Y are based in part on ``battery voltage'' in addition to rated battery 
energy or special charging characteristics, as described previously. 
Section 3.3.1 of appendix Y specifies recording the nameplate battery 
voltage of the test

[[Page 66894]]

battery. Section 2.21 of appendix Y defines ``nameplate battery 
voltage'' as specified by the battery manufacturer and typically 
printed on the label of the battery itself. If there are multiple 
batteries that are connected in a series, the nameplate battery voltage 
of the batteries is the total voltage of the series configuration--that 
is, the nameplate voltage of each battery multiplied by the number of 
batteries connected in series. Connecting multiple batteries in 
parallel does not affect the nameplate battery voltage. Section 2.21 of 
appendix Y.
    Additionally, for a multi-voltage charger, the battery with the 
highest battery voltage must be selected for testing, as prescribed by 
Table 3.2.1 of appendix Y. Consequently, the highest supported battery 
voltage should also be used to determine product class, which is not 
reflected by the current term ``battery voltage'' in Table 3.3.3. 
Updating the language in Table 3.3.3 would avoid the potential for 
future confusion with regard to multi-voltage products.
    TTI asked DOE to provide a method to determine battery voltage for 
certification purposes. (TTI, No. 3 at p. 1)
    DOE proposes to amend Table 3.3.3 of appendix Y by replacing the 
term ``battery voltage'' with ``highest nameplate battery voltage'' to 
provide clearer direction that the battery voltage used to determine 
product class is based on its nameplate battery voltage, and that for 
multi-voltage products, the highest voltage is used. This proposed 
change would also be reflected in the proposed appendix Y1.
    DOE is not aware of any multi-voltage battery chargers that are 
currently incorrectly certified. Updating the language in appendix Y 
would further avoid the potential for future confusion with regard to 
multi-voltage products. DOE requests comments on its proposal to amend 
Table 3.3.3 of appendix Y, and the corresponding language in the 
proposed appendix Y1, with the term ``highest nameplate battery 
voltage.''
3. Cross-Reference Corrections
    Section 3.3.4 of appendix Y, ``Preparing the Battery for Charge 
Testing,'' specifies that the test battery shall be fully discharged 
for the duration specified in section 3.3.2 of appendix Y, or longer 
using a battery analyzer. However, DOE's intention was to instruct the 
user to discharge a test battery not for a set duration but until it 
reaches the end of discharge voltages listed in Table 3.3.2 of appendix 
Y. While a battery would be fully discharged with either set of 
instructions, current instructions would lead to a battery preparation 
step that is significantly longer. Additionally, there are several 
instances in appendix Y of which DOE used generic terms such as 
``specified above'' or ``noted below''. While these generic reference 
terms are referring to the test procedure sections immediately 
preceding or following, identifying the specific referenced sections 
would improve the test procedure clarity. Therefore, DOE proposes to 
further clarify these cross-references in appendix Y, and incorporate 
this same change into proposed appendix Y1, to reduce test burden and 
avoid potential confusion. To further streamline the readability of 
appendix Y, DOE also proposes to move the end-of-discharge Table 3.3.2 
so that it immediately follows the battery discharge energy test at 
section 3.3.8.
4. Sub-Section Corrections
    Sections 3.3.11(b) and 3.3.12(b) of appendix Y provide instructions 
for testing the standby and off mode power consumption, respectively, 
of a battery charger with integral batteries. Section 2.6 of appendix Y 
describes an integral battery as a battery that is contained within the 
consumer product and is not removed from the consumer product for 
charging purposes. Sections 3.3.11(c), 3.3.11(d), 3.3.12(c), and 
3.3.12(d) provide instructions applicable to products containing 
``integrated power conversion and charging circuitry,'' which is 
intended to refer to products with integral batteries for which the 
circuitry is integrated within the battery charger, in contrast to 
being integrated within a cradle or an external adapter (as referred to 
in sections 3.3.11(b) and 3.3.12(b)). To improve the readability of the 
test procedure and avoid potential confusion as to the applicability of 
sections 3.3.11(c), 3.3.11(d), 3.3.12(c), and 3.3.12(d) in relation to 
sections 3.3.11(b) and 3.3.12(b), DOE proposes to reorder these 
sections of appendix Y such that section 3.3.11(b) would include only 
the statement that standby mode may also apply to products with 
integral batteries. The remainder of current section 3.3.11(b), as well 
as 3.3.11(c) and 3.3.11(d) would be reorganized as subsections (1) 
through (3) subordinate to section 3.3.11(b), to provide clearer 
indication that these three subsections refer to three different types 
of products with integral batteries. The same structure would be 
applied in section 3.3.12(b) for off mode. This proposed change would 
also be mirrored in the proposed appendix Y1.

D. Test Procedure Costs and Harmonization

1. Test Procedure Costs and Impact
    In this NOPR, DOE proposes to incorporate some editorial changes in 
the existing test procedure for battery chargers at appendix Y to: (1) 
Update battery chemistry table to improve representativeness; (2) 
explicitly refer manufacturers to the test procedure waiver provisions 
when battery energy cannot be measured; and (3) provide more 
descriptive designation of the different battery energy and battery 
voltage values used for determining product class and calculating unit 
energy consumption. The proposed changes to appendix Y also include 
minor cross reference corrections and test procedure organization 
improvements. DOE is also proposing to terminate the existing Dyson 
test procedure waiver.
    Newly proposed appendix Y1 would include all the changes previously 
listed, as well as: (1) Remove the ``wet environment'' designation and 
expand the 5 Wh battery energy limit to 100 Wh for fixed-location 
wireless chargers; (2) add definitions for ``fixed-location'' and 
``open-placement'' wireless chargers; (3) introduce a new no-battery 
mode only test for open-placement wireless chargers; (4) amend the wall 
adapter selection for chargers that do not come with one; and (5) 
establish an approach that relies on separate metrics for active mode, 
standby mode, and off mode, in place of the UEC calculation in appendix 
Y. DOE has tentatively determined that these proposed amendments would 
not be unduly burdensome for manufacturers to conduct.
Appendix Y Test Procedure Amendments
    The proposals specific to appendix Y would not alter the scope of 
applicability or the measured energy use of basic models currently 
certified to DOE. DOE does not anticipate that the proposals specific 
to appendix Y would cause any manufacturer to re-test any currently 
covered battery chargers or incur any additional testing costs.
Appendix Y1 Test Procedure Proposal
    All the proposals specific to appendix Y1 would not be required to 
be used until DOE amends energy conservation standards for battery 
chargers in a future rulemaking and requires battery charger 
manufacturers to rate their products using appendix Y1. DOE is aware 
that certain manufacturers may be voluntarily reporting under state 
programs the energy efficiency as

[[Page 66895]]

determined under appendix Y of a limited number of fixed-location 
wireless chargers that are not currently subject to the DOE test 
procedure. DOE is not aware of such representations being included in 
manufacturer literature. Given that such reporting appears limited to 
state programs and manufacturers are not otherwise making 
representations of the energy efficiency or energy use of such 
products, DOE is unable to estimate the extent of such reporting. If 
the proposed amendments were made final, beginning 180 days following 
the final rule, were manufacturers to continue such voluntary 
reporting, any such representations would have to be based on the DOE 
test procedure as amended. To the extent there is a limited number of 
models for which manufacturers are making voluntary representations, 
such models may require re-testing were the proposed amendments 
finalized. Further details regarding the cost impact of the proposed 
amendments for when battery charger manufacturers are required to test 
their products using appendix Y1 are presented in the following 
paragraphs.
Appendix Y1--Wireless Chargers
    The proposal to remove the ``wet environment'' designation and 
increase the battery energy limit will increase the scope of the 
existing battery charger test procedure to include wireless battery 
chargers other than those with inductive connection and designed for 
use in a wet environment. DOE has estimated the testing cost associated 
to test these fixed-location and open-placement wireless chargers in 
accordance with the proposed test procedures, if finalized. DOE 
estimates that it would take approximately 48 hours to conduct the test 
for one fixed-location wireless charger unit and 2.2 hours to conduct 
the no-battery mode only test for one open-placement wireless charger 
unit. These tests do not require the wireless charger unit being tested 
to be constantly monitored by a lab technician. DOE estimates that a 
lab technician would spend approximately 4.2 hours to test a fixed-
location wireless charger unit and one hour to test an open-placement 
wireless charger unit.
    Based on data from the Bureau of Labor Statistics' (``BLS's'') 
Occupational Employment and Wage Statistics, the mean hourly wage for 
electrical and electronic engineering technologist and technician is 
$32.84.\15\ DOE also used data from BLS's Employer Costs for Employee 
Compensation to estimate the percent that wages comprise the total 
compensation for an employee. DOE estimates that wages make up 70.4 
percent of the total compensation for private industry employees.\16\ 
Therefore, DOE estimates that the total hourly compensation (including 
all fringe benefits) of a technician performing these tests is 
approximately $46.65.\17\ Using these labor rates and time estimates, 
DOE estimates that it would cost wireless charger manufacturers 
approximately $196 to conduct a single test on a fixed-location 
wireless charger unit and approximately $47 to conduct a single test on 
an open-placement wireless charger unit.\18\
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    \15\ DOE used the mean hourly wage of the ``17-3023 Electrical 
and Electronic Engineering Technologists and Technicians'' from the 
most recent BLS Occupational Employment and Wage Statistics (May 
2020) to estimate the hourly wage rate of a technician assumed to 
perform this testing. See <a href="http://www.bls.gov/oes/current/oes173023.htm">www.bls.gov/oes/current/oes173023.htm</a>. 
Last accessed on July 22, 2021.
    \16\ DOE used the March 2021 ``Employer Costs for Employee 
Compensation'' to estimate that for ``Private Industry Workers,'' 
``Wages and Salaries'' are 70.4 percent of the total employee 
compensation. See <a href="http://www.bls.gov/news.release/archives/ecec_06172021.pdf">www.bls.gov/news.release/archives/ecec_06172021.pdf</a>. Last accessed on July 22, 2021.
    \17\ $32.84 / 0.704 = $46.65.
    \18\ Fixed-location wireless charger: $46.65 x 4.2 hours = 
$195.93 (rounded to $196)
    Open-placement wireless charger: $46.65 x 1 hour = $46.65 
(rounded to $47).
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    DOE requires that at least two units to be tested for each basic 
model prior to certifying a rating with DOE. Therefore, DOE estimates 
that manufacturers would incur testing costs of approximately $392 per 
fixed-location wireless charger basic model and approximately $94 per 
open-placement wireless charger basic model, when testing these 
wireless chargers. However, this proposal to remove the ``wet 
environment'' designation and increase the battery energy limit for 
wireless battery chargers, if finalized, would only be applicable for 
appendix Y1, and manufacturers would not be required to use appendix Y1 
for wireless battery chargers that are not currently covered by 
appendix Y until DOE amends the energy conservation standards for 
battery chargers as part of a future rulemaking. DOE will further 
address the expected costs to industry if and when DOE establishes 
energy conservation standards for wireless chargers.
Appendix Y1--Wall Adapter Selection
    The proposed update to require the use of a minimally compliant 
power supply selection criteria for battery chargers that are not sold 
with one ensures that these products are tested in a manner that is 
representative of actual use in accordance with EPCA. This proposal 
would not create additional cost or require additional time as compared 
to the current test procedure, as these battery chargers currently 
require a low voltage input; this proposal would only specify how the 
low voltage input must be provided and would not result in additional 
costs. DOE also anticipates this proposal to impact the measured energy 
consumption of battery chargers, but only for scenarios where the 
manufacturer previously certified the product using an EPS that is 
either not minimally compliant or used a bench power supply and failed 
to include its energy consumption as part of the battery charger 
system.
    However, the proposed test procedure would only apply to the 
proposed new appendix Y1, meaning it would not be required for testing 
until DOE amends energy conservation standards and requires 
manufacturers to use appendix Y1. Based on DOE's market research, DOE 
estimates that most battery charger models do not remain on the market 
for more than four years because of frequent battery charger new model 
updates and retirement of old models. Therefore, DOE anticipates that 
most battery chargers required to use appendix Y1 will likely be 
introduced into the market after this test procedure amendment is 
finalized.\19\ Because of this, DOE does not anticipate that battery 
charger manufacturers would have to re-test battery charger models that 
were introduced into the market prior to DOE finalizing this proposed 
test procedure. Should use of appendix Y1 be required due to amended 
energy conservation standards, battery chargers introduced prior to 
this test procedure's finalization would likely no longer be on the 
market. Battery charger manufacturers using the proposed selection 
criteria of a power supply would not incur any additional testing costs 
compared to the current battery charger testing costs. Therefore, 
battery chargers introduced into the market after DOE finalizes this 
proposed test procedure, is finalized, have the option to test those 
models using the proposed selection criteria of a power supply. Any 
manufacturer seeking to avoid any risk of retesting costs can choose to 
comply with the propose selection criteria of a power supply earlier. 
If a manufacturer chooses this option, they would incur the same 
testing costs when using the proposed selection criteria as they 
currently incur

[[Page 66896]]

and would not have to retest those battery chargers after appendix Y1 
is required to comply with future energy conservation standards. DOE 
will examine the potential retesting costs of manufacturers continuing 
to test battery charger models that do not use the proposed selection 
criteria of a power supply in the future energy conservation standard.
---------------------------------------------------------------------------

    \19\ For this cost analysis DOE estimates that the battery 
charger test procedures will be finalized in 2022. Similarly, 
amended energy conservation standards, if justified, would be 
finalized in 2024 with an estimated 2026 compliance date.
---------------------------------------------------------------------------

Appendix Y1--Modes of Operation
    DOE has also estimated the testing costs associated with battery 
charger testing under the proposed appendix Y1. Removing usage profiles 
and switching the UEC metric to an active, standby, and off modes 
separate multi-metric system in appendix Y1 will cause battery charger 
manufacturers to re-test their products when DOE amends energy 
conservation standards requiring manufacturers to test their products 
using appendix Y1. Under appendix Y1, if the manufacturer has (i) 
already tested and certified the battery charger basic model under the 
current appendix Y and (ii) still has the original testing data from 
the appendix Y testing available for standby power calculation, those 
battery charger basic models would only need to be retested with the 
active charge energy and discharge tests with additional standby power 
data analysis. For these battery charger basic models, DOE estimates an 
extra labor time of 1.5 hours would be needed to set up and analyze the 
test results.\20\ Using the previously calculated fully-burdened labor 
rate of $46.65 per hour for an employee conducting these tests, DOE 
estimates manufacturers would incur approximately $70 to analyze the 
test results for these battery chargers. DOE requires at least two 
units be tested per basic model. Therefore, DOE estimates manufacturers 
would incur approximately $140 per battery charger basic model for 
these battery chargers.
---------------------------------------------------------------------------

    \20\ The total additional testing time for conducting the extra 
active charge energy charge and discharge test can range from 8 
hours to 21 hours. However, only 1.5 hours of the total extra 
testing time would require technician intervention.
---------------------------------------------------------------------------

    Basic models that will either be newly covered under the expanded 
scope or that are missing the original test data from their appendix Y 
testing would need to be fully tested under appendix Y1. DOE estimates 
a total testing time ranging from 43 to 62 hours would be needed, with 
4.2 hours of technician intervention required to test each additional 
battery charger unit. Using the previously calculated fully-burdened 
labor rate of $46.65 for an electrical technician to conduct these 
tests, manufacturers would incur approximately $196 per unit. DOE 
requires at least two units be tested per basic model. Therefore, DOE 
estimates manufacturers would incur approximately $392 per battery 
charger basic model to conduct the complete testing under appendix Y1.
All Other Test Procedure Amendments
    The remainder of the proposal would add additional detail and 
instruction to improve the readability of the test procedure. The 
cross-reference corrections, sub-section corrections and 
reorganizations also help improve the test procedure readability and 
clarity without modifying or adding any steps to the test method. As 
such, these proposals, if finalized, will not result in increased test 
burden.
    DOE requests comment on its understanding of the impact of the 
proposals presented in this document in relation to test burden, costs, 
and impact on the measured unit energy consumption of battery charger 
products. Specifically, DOE requests comment on the per basic model 
test costs associated with testing battery chargers and wireless 
chargers to the proposed appendix Y1. DOE also requests comment on 
DOE's initial assumption that manufacturers would not incur any 
additional testing burden associated with the proposed changes to 
appendix Y and the proposed changes regarding the power supply 
selection criteria in appendix Y1.
2. Harmonization With Industry Standards
    DOE's established practice is to adopt relevant industry standards 
as DOE test procedures unless such methodology would be unduly 
burdensome to conduct or would not produce test results that reflect 
the energy efficiency, energy use, water use (as specified in EPCA) or 
estimated operating costs of that product during a representative 
average use cycle or period of use. Section 8(c) of appendix A, 10 CFR 
part 430 subpart C. But where the industry standard does not meet EPCA 
statutory criteria for test procedures, DOE will make modifications to 
the DOE test procedure via these standards through the rulemaking 
process.
    The test procedures for battery chargers at 10 CFR part 430, 
subpart B, appendix Y currently incorporates by reference certain 
provisions of IEC 62301 (testing equipment and measuring device 
specifications), IEC 62040 (specifies testing conditions and 
measurement specifications for uninterruptible power supplies), and 
ANSI/NEMA WD 6-2016 for uninterruptible power supply plug standards. 
DOE is proposing to maintain the incorporation of these standards and 
incorporate these standards in the new appendix Y1.
    Different organizations either have developed or are in the process 
of developing their own test procedures for measuring the wireless 
charging efficiency of interoperable chargers, including the ANSI/CTA 
2042.3, WPC protocol, and the IEC TC 100 TA 15 test method. The WPC 
protocol provides a ranking of various wireless battery chargers by 
comparing their relative power transfer efficiencies when a reference 
receiver is placed on the most optimum charging location. The WPC 
protocol, however, does not provide an absolute value for a wireless 
charger's efficiency, and because it currently relies on a small number 
of reference receivers to represent the entire breadth of real-world 
loading conditions it may not be representative of actual use. 
Similarly, ANSI/CTA 2042.3 and IEC TC 100 TA 15 requires receivers to 
be placed at precise optimal charging locations.
    DOE tentatively finds that these approaches are likely to lead to 
significant repeatability issues. Even a slight variation in alignment 
between the wireless transmitter and receiver can result in 
significantly different efficiency measurements. These approaches also 
require that the receiver be placed at the highest signal strength 
area, which may not be representative of real-world usage. Furthermore, 
IEC's test method utilizes 5 reference receivers with 4 different load 
ratings, requiring a total of 20 tests for a single wireless charger; 
this creates a total testing time considerably longer than the current 
DOE test procedure. Due to the potential issues with repeatability, 
non-representativeness of actual use, and test burden, DOE is not 
proposing to incorporate the aforementioned industry standards in its 
test procedure for battery chargers.
    DOE recognizes that adopting industry standards with modifications 
may increase overall testing costs if the modifications needed to meet 
the conditions under EPCA require different testing equipment or 
facilities. DOE seeks comment on the degree to which the DOE test 
procedure should consider and be harmonized further with the most 
recent relevant industry standards for battery chargers, and whether 
there are any changes to the Federal test method that would provide 
additional benefits to the public. DOE also requests comment on the 
benefits and burdens of, or any other comments regarding adopting any 
industry/voluntary consensus-based or other appropriate test procedure, 
without modification.

[[Page 66897]]

E. Compliance Date and Waivers

    EPCA prescribes that, if DOE amends a test procedure, all 
representations of energy efficiency and energy use, including those 
made on marketing materials and product labels, must be made in 
accordance with that amended test procedure, beginning 180 days after 
publication of such a test procedure final rule in the Federal 
Register. (42 U.S.C. 6293(c)(2)) To the extent the modified test 
procedure proposed in this document is required only for the evaluation 
and issuance of updated efficiency standards, use of the modified test 
procedure, if finalized, would not be required until the implementation 
date of updated standards. See 10 CFR part 430, subpart C, appendix A, 
section 8(d). Manufacturers are still required to continue testing 
their battery charger products following the amended appendix Y, if 
made final, during the meantime. If the proposed appendix Y1 amendments 
are made final, manufacturers can voluntarily test and report any such 
representations based on the appendix Y1 test procedure beginning 180 
days following the test procedure final rule.
    If DOE were to amend the test procedure, EPCA provides an allowance 
for individual manufacturers to petition DOE for an extension of the 
180-day period if the manufacturer may experience undue hardship in 
meeting the deadline. (42 U.S.C. 6293(c)(3)) To receive such an 
extension, petitions must be filed with DOE no later than 60 days 
before the end of the 180-day period and must detail how the 
manufacturer will experience undue hardship. Id.
    Upon the compliance date of test procedure provisions of an amended 
test procedure that DOE issues, any waivers that had been previously 
issued and are in effect that pertain to issues addressed by such 
provisions are terminated. 10 CFR 430.27(h)(2). Recipients of any such 
waivers would be required to test the products subject to the waiver 
according to the amended test procedure as of the compliance date of 
the amended test procedure.
    As discussed previously, DOE is not proposing to amend the test 
procedure to address the waiver and waiver extension granted to Dyson 
(Case No. BC-001 and Case No. 2018-012), as the products for which the 
waiver and waiver extension were required are no longer available, 
making the waiver and waiver extension no longer necessary. If this 
proposed rulemaking were made final, the final rule would terminate the 
waiver and waiver extension consistent with 10 CFR 430.27(h)(3) and 10 
CFR 430.27(l).

IV. Procedural Issues and Regulatory Review

A. Review Under Executive Order 12866

    The Office of Management and Budget (``OMB'') has determined that 
this test procedure rulemaking does not constitute ``significant 
regulatory actions'' under section 3(f) of Executive Order (``E.O.'') 
12866, Regulatory Planning and Review, 58 FR 51735 (Oct. 4, 1993). 
Accordingly, this action was not subject to review under the Executive 
order by the Office of Information and Regulatory Affairs (``OIRA'') in 
OMB.

B. Review Under the Regulatory Flexibility Act

    The Regulatory Flexibility Act (5 U.S.C. 601 et seq.) requires 
preparation of an initial regulatory flexibility analysis (``IRFA'') 
for any rule that by law must be proposed for public comment, unless 
the agency certifies that the rule, if promulgated, will not have a 
significant economic impact on a substantial number of small entities. 
As required by Executive Order 13272, ``Proper Consideration of Small 
Entities in Agency Rulemaking,'' 67 FR 53461 (August 16, 2002), DOE 
published procedures and policies on February 19, 2003, to ensure that 
the potential impacts of its rules on small entities are properly 
considered during the DOE rulemaking process. 68 FR 7990. DOE has made 
its procedures and policies available on the Office of the General 
Counsel's website: <a href="http://www.energy.gov/gc/office-general-counsel">www.energy.gov/gc/office-general-counsel</a>. DOE 
reviewed this proposed rule under the provisions of the Regulatory 
Flexibility Act and the policies and procedures published on February 
19, 2003.
    The following sections detail DOE's IRFA for this test procedure 
rulemaking.
1. Description of Reasons Why Action Is Being Considered
    DOE is proposing to amend the existing DOE test procedures for 
battery chargers. DOE shall amend test procedures with respect to any 
covered product, if the Secretary determines that amended test 
procedures would more accurately produce test results which measure 
energy efficiency, energy use, or estimated annual operating cost of a 
covered product during a representative average use cycle or period of 
use. (42 U.S.C. 6293(b)(1)(A))
2. Objective of, and Legal Basis for, Rule
    DOE is required to review existing DOE test procedures for all 
covered products every 7 years. (42 U.S.C. 6293(b)(1)(A))
3. Description and Estimate of Small Entities Regulated
    For manufacturers of battery chargers, the Small Business 
Administration (``SBA'') has set a size threshold, which defines those 
entities classified as ``small businesses'' for the purposes of the 
statute. The size standards are listed by North American Industry 
Classification System (``NAICS'') code and industry description and are 
available at: www.sba.gov/document/support--table-size-standards. 
Battery charger manufacturing is classified under NAICS 335999, ``All 
Other Miscellaneous Electrical Equipment and Component Manufacturing.'' 
The SBA sets a threshold of 500 employees or fewer for an entity to be 
considered as a small business in this category.
    DOE used the SBA's small business size standards to determine 
whether any small entities would be subject to the requirements of the 
proposed rule. 13 CFR part 121. DOE reviewed the test procedures 
proposed in this NOPR under the provisions of the Regulatory 
Flexibility Act and the procedures and policies published on February 
19, 2003.
Wired Battery Chargers
    DOE used data from DOE's publicly available Compliance 
Certification Database (``CCD'') \21\ and California Energy 
Commission's Modernized Appliance Efficiency Database System 
(``MAEDbS'').\22\ DOE identified over 2,000 companies that submitted 
entries for Federally regulated battery chargers.\23\ DOE screened out 
companies that do not meet the SBA definition of a ``small entity'' or 
are foreign-owned and operated. DOE identified approximately 294 
potential small businesses that currently certify battery chargers or 
applications using battery chargers to DOE's CCD. These 294 potential 
small businesses manufacture approximately 3,456 unique basic models of 
battery chargers or applications using battery chargers. The number of 
battery charger models made by each potential small business ranges 
from 1 model to 263 models,

[[Page 66898]]

with an average of approximately 12 unique basic models.
---------------------------------------------------------------------------

    \21\ See <a href="http://www.regulations.doe.gov/certification-data">www.regulations.doe.gov/certification-data</a>. Last 
accessed on August 11, 2021.
    \22\ See <a href="http://cacertappliances.energy.ca.gov/Pages/ApplianceSearch.aspx">cacertappliances.energy.ca.gov/Pages/ApplianceSearch.aspx</a>. Last accessed on August 11, 2021.
    \23\ These entities consist of both battery charger 
manufacturers and manufacturers of devices that use a battery 
charger (e.g., toys or small electronic devices that have a battery 
charger embedded in the product).
---------------------------------------------------------------------------

Wireless Battery Chargers
    DOE used publicly available data from the Wireless Power Consortium 
to estimate the number of wireless battery charger manufacturers and 
number of wireless battery charger models.\24\ The majority of these 
companies are foreign owned and operated, as most wireless battery 
charger manufacturing is done abroad. DOE identified 13 potential 
domestic small businesses that manufacture approximately 327 wireless 
battery charger models. The number of wireless battery charger models 
made by each potential small business ranges from 1 model to 183 
models, with an average of approximately 25 models.
---------------------------------------------------------------------------

    \24\ See <a href="http://www.wirelesspowerconsortium.com/products">www.wirelesspowerconsortium.com/products</a>. Last accessed 
on September 8, 2021.
---------------------------------------------------------------------------

4. Description and Estimate of Compliance Requirements
Wired Battery Chargers
    DOE assumes that each small business's regulatory costs would 
depend on the number of unique basic battery charger models and 
applications using a battery charger that small business manufactures. 
It is likely that some unique applications using a battery charger may 
use the same battery charging component as another unique application 
listed in DOE's CCD, meaning the cost of testing would be double 
counted in this analysis. However, DOE has conservatively estimated the 
cost associated with re-testing each unique application using a battery 
charger. Additionally, while some battery charger manufacturers could 
partially rely on previous testing conducted under appendix Y for their 
battery chargers (as described in section III.D.1), DOE conservatively 
estimates each small business would need to conduct the entire test 
under appendix Y1 for each unique basic model they manufacture.
    As discussed in section III.D.1, battery chargers would only need 
to be tested under appendix Y1 when DOE sets future energy conservation 
standards for battery chargers that require appendix Y1. DOE estimates 
that the total time for conducting testing under appendix Y1 would 
range from 43 to 62 hours, and that it would require approximately 4.2 
hours of technician intervention to test each additional battery 
charger unit. Using the previously calculated fully-burdened labor rate 
of $46.65 for an electrical technician to conduct these tests,\25\ 
manufacturers would incur approximately $196 of testing costs per unit. 
DOE requires at least two units be tested per basic model. Therefore, 
DOE estimates manufacturers would incur approximately $392 of testing 
costs per battery charger basic model to conduct the complete testing 
under appendix Y1.
---------------------------------------------------------------------------

    \25\ Based on data from the BLS's Occupational Employment and 
Wage Statistics, the mean hourly wage for an electrical and 
electronic engineering technologist and technician is $32.84 
(<a href="http://www.bls.gov/oes/current/oes173023.htm">www.bls.gov/oes/current/oes173023.htm</a>). Additionally, DOE used data 
from BLS's Employer Costs for Employee Compensation to estimate the 
percent that wages comprise the total compensation for an employee. 
DOE estimates that wages make up 70.4 percent of the total 
compensation for private industry employees (<a href="http://www.bls.gov/news.release/archives/ecec_06172021.pdf">www.bls.gov/news.release/archives/ecec_06172021.pdf</a>). $32.84 / 0.704 = $46.65.
---------------------------------------------------------------------------

    DOE estimates that all small businesses combined would incur 
approximately $1.35 million \26\ if these small businesses re-tested 
all their unique basic models of battery chargers or applications using 
battery chargers under appendix Y1. An The potential range of testing 
costs for an individual small business would be between $392 (to re-
test one basic model to) and approximately $103,000 (to re-test 263 
basic models,), with an average cost of approximately $4,704 to re-test 
12 basic models (the average number of models) under appendix Y1.
---------------------------------------------------------------------------

    \26\ $392 (testing cost per basic model) x 3,456 (number of 
unique basic models manufactured by all small businesses) = 
$1,354,752.
---------------------------------------------------------------------------

    DOE was able to find annual revenue estimates for 289 of the 294 
small businesses DOE identified. DOE was not able to identify any 
reliable annual revenue estimates for the remaining five small 
businesses. Based on the number of unique basic models of battery 
chargers or applications using battery chargers each small business 
manufactures, DOE estimates that the $392 per model potential re-
testing cost would represent less than 2 percent of annual revenue for 
286 of the 289 small businesses. DOE estimates that three small 
businesses could incur re-testing costs that would exceed 2.0 percent 
of their annual revenue.\27\
---------------------------------------------------------------------------

    \27\ One small business manufactures eight unique basic models, 
which if all basic models were re-tested could cost up to $3,136. 
This small business has an estimated annual revenue of $52,000, 
meaning testing costs could comprise up to 6.0 percent of their 
annual revenue. Another small business manufactures six basic 
models, which if all basic models were re-tested could cost up to 
$2,352. This small business has an estimated annual revenue of 
$94,000, meaning testing costs could comprise up to 2.5 percent of 
their annual revenue. The remaining small business manufactures five 
basic models, which if all basic models were re-tested could cost up 
to $1,960. This small business has an estimated annual revenue of 
$68,400, meaning testing costs could comprise up to 2.9 percent of 
their annual revenue.
---------------------------------------------------------------------------

Wireless Battery Chargers
    DOE assumed that each small business's regulatory costs would 
depend on the number of wireless battery charger models that small 
business manufactures. As discussed in section III.D.1, wireless 
battery chargers would only need to be tested under appendix Y1 when 
DOE sets future energy conservation standards for battery chargers. DOE 
estimates that a total testing time for conducting testing under 
appendix Y1 for wireless battery chargers would take approximately 48 
hours to conduct the test for one fixed-location wireless charger unit, 
and 2.2 hours to conduct the no-battery mode only test for one open-
placement wireless charger unit. These tests do not require the 
wireless charger unit being tested to be constantly monitored by a lab 
technician. DOE estimates that a lab technician would spend 
approximately 4.2 hours to test a fixed-location wireless charger unit 
and one hour to test an open-placement wireless charger unit.
    The Wireless Power Consortium database does not identify if the 
wireless charger is a fixed-location or an open-placement wireless 
charger. Based on DOE's market research, the vast majority of wireless 
chargers are open-placement wireless chargers. Therefore, DOE is 
estimating the costs to small businesses using the estimated per unit 
open-placement wireless charger testing costs.
    Using the previously calculated fully-burdened labor rate of $46.65 
for an electrical technician to conduct these tests, manufacturers 
would incur approximately $47 per unit. DOE requires at least two units 
be tested per basic model. Therefore, DOE estimates manufacturers would 
incur approximately $94 to conduct the no-battery mode test for one 
open-placement wireless charger unit under appendix Y1.
    DOE estimates that all small businesses combined would incur 
approximately $31,000 to test all their wireless chargers under 
appendix Y1.\28\ The potential range of testing costs for an individual 
small business would be between $94 (to test one wireless charger 
model) to approximately $17,200 (to test 183 wireless charger models,), 
with an average cost of approximately $2,350 to test 25 wireless 
charger models (the average number of models) under appendix Y1.
---------------------------------------------------------------------------

    \28\ $94 (testing cost per model) x 327 (number of wireless 
charger models manufactured by all small businesses) = $30,738.
---------------------------------------------------------------------------

    DOE was able to find annual revenue estimates for 12 of the 13 
wireless

[[Page 66899]]

charger small businesses DOE identified. DOE was not able to identify 
any reliable annual revenue estimates for the remaining wireless 
charger small businesses DOE identified. Based on the number of 
wireless charger models each small business manufactures, DOE estimates 
that the $94 per model testing cost would represent less than 2 percent 
of annual revenue for all 12 of the wireless charger small businesses 
that DOE found annual revenue estimates for.
    DOE requests comment on the number of small businesses DOE 
identified; the number of battery charger models assumed these small 
business manufacture; and the per model re-testing or testing costs and 
total re-testing or testing costs DOE estimated small businesses may 
incur to re-test wired battery chargers or to test wireless chargers to 
appendix Y1. DOE also requests comment on any other potential costs 
small businesses may incur due to the proposed amended test procedures, 
if finalized.
5. Duplication, Overlap, and Conflict With Other Rules and Regulations
    DOE is not aware of any rules or regulations that duplicate, 
overlap, or conflict with the rule being considered today.
6. Significant Alternatives to the Rule
    As previously stated in this section, DOE is required to review 
existing DOE test procedures for all covered products every 7 years. 
Additionally, DOE shall amend test procedures with respect to any 
covered product, if the Secretary determines that amended test 
procedures would more accurately produce test results which measure 
energy efficiency, energy use, or estimated annual operating cost of a 
covered product during a representative average use cycle or period of 
use. (42 U.S.C. 6293(b)(1)(A)) DOE has initially determined that 
appendix Y1 would more accurately produce test results to measure the 
energy efficiency of battery chargers.
    While DOE recognizes that requiring that battery charger 
manufacturers use appendix Y1 to comply with future energy conservation 
standards would cause manufacturers to re-test some battery charger 
models or test some wireless chargers, for most battery charger 
manufacturers it will be inexpensive to re-test or test these models. 
Additionally, some manufacturers might be able to partially rely on 
previous test data used manufacturers tested their wired battery 
chargers under appendix Y.
    DOE has tentatively determined that there are no better 
alternatives than the proposed amended test procedures in terms of 
meeting the agency's objectives to more accurately measure energy 
efficiency and reducing burden on manufacturers. Therefore, DOE is 
proposing in this NOPR to amend the existing DOE test procedure for 
battery chargers.
    Additional compliance flexibilities may be available through other 
means. EPCA provides that a manufacturer whose annual gross revenue 
from all of its operations does not exceed $8 million may apply for an 
exemption from all or part of an energy conservation standard for a 
period not longer than 24 months after the effective date of a final 
rule establishing the standard. (42 U.S.C. 6295(t)) Additionally, 
section 504 of the Department of Energy Organization Act, 42 U.S.C. 
7194, provides authority for the Secretary to adjust a rule issued 
under EPCA in order to prevent ``special hardship, inequity, or unfair 
distribution of burdens'' that may be imposed on that manufacturer as a 
result of such rule. Manufacturers should refer to 10 CFR part 430, 
subpart E, and part 1003 for additional details.

C. Review Under the Paperwork Reduction Act of 1995

    Manufacturers of battery chargers must certify to DOE that their 
products comply with any applicable energy conservation standards. To 
certify compliance, manufacturers must first obtain test data for their 
products according to the DOE test procedures, including any amendments 
adopted for those test procedures. DOE has established regulations for 
the certification and recordkeeping requirements for all covered 
consumer products and commercial equipment, including battery chargers. 
(See generally 10 CFR part 429.) The collection-of-information 
requirement for the certification and recordkeeping is subject to 
review and approval by OMB under the Paperwork Reduction Act (``PRA''). 
This requirement has been approved by OMB under OMB control number 
1910-1400. Public reporting burden for the certification is estimated 
to average 35 hours per response, including the time for reviewing 
instructions, searching existing data sources, gathering and 
maintaining the data needed, and completing and reviewing the 
collection of information.
    Notwithstanding any other provision of the law, no person is 
required to respond to, nor shall any person be subject to a penalty 
for failure to comply with, a collection of information subject to the 
requirements of the PRA, unless that collection of information displays 
a currently valid OMB Control Number.

D. Review Under the National Environmental Policy Act of 1969

    In this proposed rule, DOE proposes test procedure amendments that 
it expects will be used to develop and implement future energy 
conservation standards for battery chargers. DOE has determined that 
this rule falls into a class of actions that are categorically excluded 
from review under the National Environmental Policy Act of 1969 (42 
U.S.C. 4321 et seq.) and DOE's implementing regulations at 10 CFR part 
1021. Specifically, DOE has determined that adopting test procedures 
for measuring energy efficiency of consumer products and industrial 
equipment is consistent with activities identified in 10 CFR part 1021, 
appendix A to subpart D, A5 and A6. Accordingly, neither an 
environmental assessment nor an environmental impact statement is 
required.

E. Review Under Executive Order 13132

    Executive Order 13132, ``Federalism,'' 64 FR 43255 (Aug. 4, 1999) 
imposes certain requirements on agencies formulating and implementing 
policies or regulations that preempt State law or that have federalism 
implications. The Executive order requires agencies to examine the 
constitutional and statutory authority supporting any action that would 
limit the policymaking discretion of the States and to carefully assess 
the necessity for such actions. The Executive order also requires 
agencies to have an accountable process to ensure meaningful and timely 
input by State and local officials in the development of regulatory 
policies that have federalism implications. On March 14, 2000, DOE 
published a statement of policy describing the intergovernmental 
consultation process it will follow in the development of such 
regulations. 65 FR 13735. DOE has examined this proposed rule and has 
determined that it would not have a substantial direct effect on the 
States, on the relationship between the national government and the 
States, or on the distribution of power and responsibilities among the 
various levels of government. EPCA governs and prescribes Federal 
preemption of State regulations as to energy conservation for the 
products that are the subject of this proposed rule. States can 
petition DOE for exemption from such preemption to the extent, and 
based on criteria, set forth in EPCA. (42 U.S.C. 6297(d)) No further 
action is required by Executive Order 13132.

[[Page 66900]]

F. Review Under Executive Order 12988

    Regarding the review of existing regulations and the promulgation 
of new regulations, section 3(a) of Executive Order 12988, ``Civil 
Justice Reform,'' 61 FR 4729 (Feb. 7, 1996), imposes on Federal 
agencies the general duty to adhere to the following requirements: (1) 
Eliminate drafting errors and ambiguity, (2) write regulations to 
minimize litigation, (3) provide a clear legal standard for affected 
conduct rather than a general standard, and (4) promote simplification 
and burden reduction. Section 3(b) of Executive Order 12988 
specifically requires that executive agencies make every reasonable 
effort to ensure that the regulation (1) clearly specifies the 
preemptive effect, if any, (2) clearly specifies any effect on existing 
Federal law or regulation, (3) provides a clear legal standard for 
affected conduct while promoting simplification and burden reduction, 
(4) specifies the retroactive effect, if any, (5) adequately defines 
key terms, and (6) addresses other important issues affecting clarity 
and general draftsmanship under any guidelines issued by the Attorney 
General. Section 3(c) of Executive Order 12988 requires Executive 
agencies to review regulations in light of applicable standards in 
sections 3(a) and 3(b) to determine whether they are met or it is 
unreasonable to meet one or more of them. DOE has completed the 
required review and determined that, to the extent permitted by law, 
the proposed rule meets the relevant standards of Executive Order 
12988.

G. Review Under the Unfunded Mandates Reform Act of 1995

    Title II of the Unfunded Mandates Reform Act of 1995 (``UMRA'') 
requires each Federal agency to assess the effects of Federal 
regulatory actions on State, local, and Tribal governments and the 
private sector. Public Law 104-4, sec. 201 (codified at 2 U.S.C. 1531). 
For a proposed regulatory action likely to result in a rule that may 
cause the expenditure by State, local, and Tribal governments, in the 
aggregate, or by the private sector of $100 million or more in any one 
year (adjusted annually for inflation), section 202 of UMRA requires a 
Federal agency to publish a written statement that estimates the 
resulting costs, benefits, and other effects on the national economy. 
(2 U.S.C. 1532(a), (b)) The UMRA also requires a Federal agency to 
develop an effective process to permit timely input by elected officers 
of State, local, and Tribal governments on a proposed ``significant 
intergovernmental mandate,'' and requires an agency plan for giving 
notice and opportunity for timely input to potentially affected small 
governments before establishing any requirements that might 
significantly or uniquely affect small governments. On March 18, 1997, 
DOE published a statement of policy on its process for 
intergovernmental consultation under UMRA. 62 FR 12820; also available 
at <a href="https://www.energy.gov/gc/office-general-counsel">https://www.energy.gov/gc/office-general-counsel</a>. DOE examined this 
proposed rule according to UMRA and its statement of policy and 
determined that the rule contains neither an intergovernmental mandate, 
nor a mandate that may result in the expenditure of $100 million or 
more in any year, so these requirements do not apply.

H. Review Under the Treasury and General Government Appropriations Act, 
1999

    Section 654 of the Treasury and General Government Appropriations 
Act, 1999 (Pub. L. 105-277) requires Federal agencies to issue a Family 
Policymaking Assessment for any rule that may affect family well-being. 
This proposed rule would not have any impact on the autonomy or 
integrity of the family as an institution. Accordingly, DOE has 
concluded that it is not necessary to prepare a Family Policymaking 
Assessment.

I. Review Under Executive Order 12630

    DOE has determined, under Executive Order 12630, ``Governmental 
Actions and Interference with Constitutionally Protected Property 
Rights'' 53 FR 8859 (March 18, 1988), that this proposed regulation 
would not result in any takings that might require compensation under 
the Fifth Amendment to the U.S. Constitution.

J. Review Under Treasury and General Government Appropriations Act, 
2001

    Section 515 of the Treasury and General Government Appropriations 
Act, 2001 (44 U.S.C. 3516 note) provides for agencies to review most 
disseminations of information to the public under guidelines 
established by each agency pursuant to general guidelines issued by 
OMB. OMB's guidelines were published at 67 FR 8452 (Feb. 22, 2002), and 
DOE's guidelines were published at 67 FR 62446 (Oct. 7, 2002). Pursuant 
to OMB Memorandum M-19-15, Improving Implementation of the Information 
Quality Act (April 24, 2019), DOE published updated guidelines which 
are available at <a href="http://www.energy.gov/sites/prod/files/2019/12/f70/DOE%20Final%20Updated%20IQA%20Guidelines%20Dec%202019.pdf">www.energy.gov/sites/prod/files/2019/12/f70/DOE%20Final%20Updated%20IQA%20Guidelines%20Dec%202019.pdf</a>. DOE has 
reviewed this proposed rule under the OMB and DOE guidelines and has 
concluded that it is consistent with applicable policies in those 
guidelines.

K. Review Under Executive Order 13211

    Executive Order 13211, ``Actions Concerning Regulations That 
Significantly Affect Energy Supply, Distribution, or Use,'' 66 FR 28355 
(May 22, 2001), requires Federal agencies to prepare and submit to OMB, 
a Statement of Energy Effects for any proposed significant energy 
action. A ``significant energy action'' is defined as any action by an 
agency that promulgated or is expected to lead to promulgation of a 
final rule, and that (1) is a significant regulatory action under 
Executive Order 12866, or any successor order; and (2) is likely to 
have a significant adverse effect on the supply, distribution, or use 
of energy; or (3) is designated by the Administrator of OIRA as a 
significant energy action. For any proposed significant energy action, 
the agency must give a detailed statement of any adverse effects on 
energy supply, distribution, or use should the proposal be implemented, 
and of reasonable alternatives to the action and their expected 
benefits on energy supply, distribution, and use.
    The proposed regulatory action to amend the test procedure for 
measuring the energy efficiency of battery chargers is not a 
significant regulatory action under Executive Order 12866. Moreover, it 
would not have a significant adverse effect on the supply, 
distribution, or use of energy, nor has it been designated as a 
significant energy action by the Administrator of OIRA. Therefore, it 
is not a significant energy action, and, accordingly, DOE has not 
prepared a Statement of Energy Effects.

L. Review Under Section 32 of the Federal Energy Administration Act of 
1974

    Under section 301 of the Department of Energy Organization Act 
(Pub. L. 95-91; 42 U.S.C. 7101), DOE must comply with section 32 of the 
Federal Energy Administration Act of 1974, as amended by the Federal 
Energy Administration Authorization Act of 1977. (15 U.S.C. 788; 
``FEAA'') Section 32 essentially provides in relevant part that, where 
a proposed rule authorizes or requires use of commercial standards, the 
notice of proposed rulemaking must inform the public of the use and 
background of such standards. In addition, section 32(c) requires DOE 
to consult with the Attorney General and the Chairman of the Federal 
Trade Commission (``FTC'') concerning the impact of the

[[Page 66901]]

commercial or industry standards on competition. DOE has evaluated 
these standards and is unable to conclude whether they fully comply 
with the requirements of section 32(b) of the FEAA (i.e., whether they 
were developed in a manner that fully provides for public 
participation, comment, and review). DOE will consult with both the 
Attorney General and the Chairman of the FTC concerning the impact of 
this test procedure on competition, prior to prescribing a final rule.

M. Description of Materials Incorporated by Reference

    DOE proposes to maintain previously approved incorporation by 
reference standards in appendix Y. Additionally, DOE proposes to 
incorporate by reference the following industry standards into the new 
appendix Y1:

    1. IEC 62301, ``Household electrical appliances--Measurement of 
standby power, (Edition 2.0, 2011-01)'' into the new appendix Y1. 
Appendix Y1 references various sections from IEC 62301 for test 
conditions, standby power measurement, and measurement uncertainty 
determination.
    2. EC 62040-3, ``Uninterruptible power systems (UPS)--Part 3: 
Methods of specifying the performance and test requirements,'' 
Edition 2.0, 2011-03. Appendix Y1 references various sections from 
IEC 62040 for test requirements of uninterruptible power supplies.
    3. ANSI/NEMA WD 6-2016, ``Wiring Devices--Dimensional 
Specifications,'' ANSI approved February 11, 2016. Appendix Y1 
references the input plug requirements in Figure 1-15 and Figure 5-
15 of ANSI/NEMA WD 6-2016.

    Copies of IEC 62301 and IEC 62040-3 can be obtained from the 
International Electrotechnical Commission at 446 Main Street, Sixteenth 
Floor, Worcester, MA 01608, or by going to www.iec.ch.
    Copies of ANSI/NEMA WD 6-2016 can be obtained from American 
National Standards Institute, 25 W. 43rd Street, 4th Floor, New York, 
NY 10036, 212-642-4900, or by going to <a href="http://www.ansi.org">www.ansi.org</a>.

V. Public Participation

A. Submission of Comments

    DOE will accept comments, data, and information regarding this 
proposed rule no later than the date provided in the DATES section at 
the beginning of this proposed rule. Interested parties may submit 
comments using any of the methods described in the ADDRESSES section at 
the beginning of this document.\29\
---------------------------------------------------------------------------

    \29\ DOE has historically provided a 75-day comment period for 
test procedure NOPRs pursuant to the North American Free Trade 
Agreement, U.S.-Canada-Mexico (``NAFTA''), Dec. 17, 1992, 32 I.L.M. 
289 (1993); the North American Free Trade Agreement Implementation 
Act, Public Law 103-182, 107 Stat. 2057 (1993) (codified as amended 
at 10 U.S.C.A. 2576) (1993) (``NAFTA Implementation Act''); and 
Executive Order 12889, ``Implementation of the North American Free 
Trade Agreement,'' 58 FR 69681 (Dec. 30, 1993). However, on July 1, 
2020, the Agreement between the United States of America, the United 
Mexican States, and the United Canadian States (``USMCA''), Nov. 30, 
2018, 134 Stat. 11 (i.e., the successor to NAFTA), went into effect, 
and Congress's action in replacing NAFTA through the USMCA 
Implementation Act, 19 U.S.C. 4501 et seq. (2020), implies the 
repeal of E.O. 12889 and its 75-day comment period requirement for 
technical regulations. Thus, the controlling laws are EPCA and the 
USMCA Implementation Act. Consistent with EPCA's public comment 
period requirements for consumer products, the USMCA only requires a 
minimum comment period of 60 days. Consequently, DOE now provides a 
60-day public comment period for test procedure NOPRs.
---------------------------------------------------------------------------

    Submitting comments via <a href="http://www.regulations.gov">www.regulations.gov</a>. The 
<a href="http://www.regulations.gov">www.regulations.gov</a> web page will require you to provide your name and 
contact information. Your contact information will be viewable to DOE 
Building Technologies staff only. Your contact information will not be 
publicly viewable except for your first and last names, organization 
name (if any), and submitter representative name (if any). If your 
comment is not processed properly because of technical difficulties, 
DOE will use this information to contact you. If DOE cannot read your 
comment due to technical difficulties and cannot contact you for 
clarification, DOE may not be able to consider your comment.
    However, your contact information will be publicly viewable if you 
include it in the comment or in any documents attached to your comment. 
Any information that you do not want to be publicly viewable should not 
be included in your comment, nor in any document attached to your 
comment. Persons viewing comments will see only first and last names, 
organization names, correspondence containing comments, and any 
documents submitted with the comments.
    Do not submit to <a href="http://www.regulations.gov">www.regulations.gov</a> information for which 
disclosure is restricted by statute, such as trade secrets and 
commercial or financial information (hereinafter referred to as 
Confidential Business Information (``CBI'')). Comments submitted 
through <a href="http://www.regulations.gov">www.regulations.gov</a> cannot be claimed as CBI. Comments received 
through the website will waive any CBI claims for the information 
submitted. For information on submitting CBI, see the Confidential 
Business Information section.
    DOE processes submissions made through <a href="http://www.regulations.gov">www.regulations.gov</a> before 
posting. Normally, comments will be posted within a few days of being 
submitted. However, if large volumes of comments are being processed 
simultaneously, your comment may not be viewable for up to several 
weeks. Please keep the comment tracking number that <a href="http://www.regulations.gov">www.regulations.gov</a> 
provides after you have successfully uploaded your comment.
    Submitting comments via email, hand delivery/courier, or postal 
mail. Comments and documents submitted via email, hand delivery/
courier, or postal mail also will be posted to <a href="http://www.regulations.gov">www.regulations.gov</a>. If 
you do not want your personal contact information to be publicly 
viewable, do not include it in your comment or any accompanying 
documents. Instead, provide your contact information on a cover letter. 
Include your first and last names, email address, telephone number, and 
optional mailing address. The cover letter will not be publicly 
viewable as long as it does not include any comments.
    Include contact information each time you submit comments, data, 
documents, and other information to DOE. If you submit via postal mail 
or hand delivery/courier, please provide all items on a CD, if 
feasible, in which case it is not necessary to submit printed copies. 
No faxes will be accepted.
    Comments, data, and other information submitted to DOE 
electronically should be provided in PDF (preferred), Microsoft Word or 
Excel, WordPerfect, or text (ASCII) file format. Provide documents that 
are not secured, written in English and free of any defects or viruses. 
Documents should not contain special characters or any form of 
encryption and, if possible, they should carry the electronic signature 
of the author.
    Campaign form letters. Please submit campaign form letters by the 
originating organization in batches of between 50 to 500 form letters 
per PDF or as one form letter with a list of supporters' names compiled 
into one or more PDFs. This reduces comment processing and posting 
time.
    Confidential Business Information. 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 via 
email, postal mail, or hand delivery/courier two well-marked copies: 
One copy of the document marked confidential including all the 
information believed to be confidential, and one copy of the document 
marked non-confidential with the information believed to be 
confidential deleted. Submit these documents via email or on a CD, if 
feasible. DOE will make its own determination about the confidential

[[Page 66902]]

status of the information and treat it according to its determination.
    It is DOE's policy that all comments may be included in the public 
docket, without change and as received, including any personal 
information provided in the comments (except information deemed to be 
exempt from public disclosure).

B. Issues on Which DOE Seeks Comment

    Although DOE welcomes comments on any aspect of this proposal, DOE 
is particularly interested in receiving comments and views of 
interested parties concerning the following issues:
    (1) DOE seeks comment on its proposal to define fixed-location 
wireless chargers in appendix Y1 and whether this definition accurately 
captures all the types of wireless chargers with locating features that 
are on the market; its proposal to remove the ``wet environment'' 
designation for wireless chargers; its proposal to revise the scope of 
Product Class 1 to include all fixed-location wireless chargers in 
appendix Y1; and its proposal to increase the rated battery energy 
limit for fixed-location wireless chargers from <= 5 Wh to < 100 Wh in 
appendix Y1 to accommodate the range of inductive wireless battery 
chargers on the market and potential future product designs that may 
have larger battery energies. DOE also requests information on which 
types of inductive wireless battery chargers would be subject to DOE 
regulations due to the proposed change in scope, including any 
corresponding usage data, if available.
    (2) DOE seeks comment on its proposal to define open-placement 
wireless chargers in appendix Y1 and whether this definition accurately 
captures all the types of wireless chargers without physical locating 
features that are on the market. DOE also requests comment on its 
proposal to require testing of the no-battery mode power consumption of 
these open-placement wireless chargers.
    (3) DOE requests comment on the proposal to specify the priority of 
wall adapter selection in appendix Y1. DOE also requests comment on the 
proposal in appendix Y1 to replace the 5 V DC input requirement for 
those chargers that do not ship with an adapter, and one is not 
recommended, with the requirement that these chargers be tested with 
any compatible and commercially-available EPS that is minimally 
compliant with DOE's energy conservation standards for EPSs. DOE also 
requests comments on whether these proposals would result in increased 
test burden.
    (4) DOE requests comment on the proposal to update the term 
``Lithium Polymer'' to ``Lithium-ion Polymer''. DOE also requests 
comment on the proposal to rename the term ``Nanophosphate Lithium'' to 
the non-proprietary term ``Lithium Iron Phosphate''.
    (5) DOE requests feedback on the proposal to remove the 
specification of usage profiles and the associated UEC calculation in 
appendix Y1, to be replaced with an approach that relies on separate 
metrics for active mode, standby mode, and off mode. For further 
consideration of the existing approach, DOE requests, for all 
applications in each product class, data such as the percentage of time 
spent in each mode of operation along with data sources for 
consideration in updating the usage profiles for battery chargers.
    (6) DOE requests comment on the proposed approach to determining 
active mode energy, as well as the suggested alternate method. In 
particular, under the alternate method, DOE requests comment on how to 
define the drop in power associated with the transition from active 
charging to maintenance mode, such that this method would provide 
repeatable and reproducible results.
    (7) DOE requests feedback on its proposed definition of standby 
mode in newly proposed appendix Y1 to capture both no-battery mode as 
well as maintenance mode. DOE also requests feedback on its proposal to 
define standby power, or Psb, to mean the summation of the no-battery 
mode (Pnb) and maintenance mode (Pm).
    (8) DOE requests feedback on its proposed approach to rely on Ea, 
Psb and Poff instead of E24, Pnb and Poff to determine the energy 
performance of a battery charger, and whether a different approach 
exists that may provide test results that are more representative of 
the energy performance and energy use of battery chargers. DOE also 
requests comment on the described alternate approach to capturing 
maintenance mode power and whether such an approach would be 
representative of actual use for all battery chargers.
    (9) DOE requests stakeholder feedback on whether such flow charts 
will assist manufacturers through the testing and certification 
process. DOE also requests comment on whether the flow charts would 
benefit from the inclusion of additional information.
    (10) DOE requests comments on whether manufacturers and test 
laboratories are currently using ``measured'' battery energy or 
``rated''/``represented'' battery energy values to determine battery 
charger product class. DOE requests comment on its proposal to update 
the nomenclature in appendix Y to refer to ``Measured Ebatt'' and 
``Represented Ebatt'' to better distinguish between the two values.
    (11) DOE is not aware of any multi-voltage battery chargers that 
are currently incorrectly certified. Updating the language in appendix 
Y would further avoid the potential for future confusion with regard to 
multi-voltage products. DOE requests comments on its proposal to amend 
Table 3.3.3 of appendix Y, and the corresponding language in the 
proposed appendix Y1, with the term ``highest nameplate battery 
voltage.''
    (12) DOE requests comment on its understanding of the impact of the 
proposals presented in this document in relation to test burden, costs, 
and impact on the measured unit energy consumption of battery charger 
products. Specifically, DOE requests comment on the per basic model 
test costs associated with testing battery chargers and wireless 
chargers to the proposed appendix Y1. DOE also requests comment on 
DOE's initial assumption that manufacturers would not incur any 
additional testing burden associated with the proposed changes to 
appendix Y and the proposed changes regarding the power supply 
selection criteria in appendix Y1.
    (13) DOE requests comment on the number of small businesses DOE 
identified; the number of battery charger models assumed these small 
business manufacture; and the per model re-testing or testing costs and 
total re-testing or testing costs DOE estimated small businesses may 
incur to re-test wired battery chargers or to test wireless chargers to 
appendix Y1. DOE also requests comment on any other potential costs 
small businesses may incur due to the proposed amended test procedures, 
if finalized.

VI. Approval of the Office of the Secretary

    The Secretary of Energy has approved publication of this proposed 
rule.

List of Subjects

10 CFR Part 429

    Administrative practice and procedure, Confidential business 
information, Energy conservation, Household appliances, Reporting and 
recordkeeping requirements.

10 CFR Part 430

    Administrative practice and procedure, Confidential business 
information, Energy conservation, Household appliances, Imports,

[[Page 66903]]

Incorporation by reference, Intergovernmental relations, Small 
businesses.

Signing Authority

    This document of the Department of Energy was signed on November 3, 
2021, by Kelly Speakes-Backman, Principal Deputy Assistant Secretary 
and Acting Assistant Secretary for Energy Efficiency and Renewable 
Energy, pursuant to delegated authority from the Secretary of Energy. 
That document with the original signature and date is maintained by 
DOE. For administrative purposes only, and in compliance with 
requirements of the Office of the Federal Register, the undersigned DOE 
Federal Register Liaison Officer has been authorized to sign and submit 
the document in electronic format for publication, as an official 
document of the Department of Energy. This administrative process in no 
way alters the legal effect of this document upon publication in the 
Federal Register.

    Signed in Washington, DC, on November 3, 2021.
Treena V. Garrett,
Federal Register Liaison Officer, U.S. Department of Energy.

    For the reasons stated in the preamble, DOE is proposing to amend 
parts 429 and 430 of Chapter II of Title 10, Code of Federal 
Regulations as set forth below:

PART 429--CERTIFICATION, COMPLIANCE, AND ENFORCEMENT FOR CONSUMER 
PRODUCTS AND COMMERCIAL AND INDUSTRIAL EQUIPMENT

0
1. The authority citation for part 429 continues to read as follows:

    Authority:  42 U.S.C. 6291--6317; 28 U.S.C. 2461 note.

0
2. Section 429.39 is amended by revising the introductory text of 
paragraphs (a) and paragraphs (a)(1) through (2)(iii) to read as 
follows:


Sec.  429.39   Battery chargers.

    (a) Determination of represented value. Manufacturers must 
determine represented values, which include certified ratings, for each 
basic model of battery charger in accordance with the following 
sampling provisions.
    (1) Represented values include. The unit energy consumption (UEC) 
in kilowatt-hours per year (kWh/yr) (if applicable), battery discharge 
energy (E<INF>batt</INF>) in watt hours (Wh), 24-hour energy 
consumption (E<INF>24</INF>) in watt hours (Wh) (if applicable), active 
mode energy consumption (E<INF>a</INF>) in watt hours (Wh) (if 
applicable), maintenance mode power (P<INF>m</INF>) in watts (W), no-
battery mode power (P<INF>nb</INF>) in watts (W) (if applicable), 
standby mode power (P<INF>sb</INF>) in watts (W), off mode power 
(P<INF>off</INF>) in watts (W), and duration of the charge and 
maintenance mode test (t<INF>cd</INF>) in hours (hrs) (if applicable) 
for all battery chargers other than uninterruptible power supplies 
(UPSs); and average load adjusted efficiency (Eff<INF>avg</INF>) for 
UPSs.
    (2) Units to be tested. (i) The general requirements of Sec.  
429.11 are applicable to all battery chargers; and
    (ii) For each basic model of battery chargers other than UPSs, a 
sample of sufficient size must be randomly selected and tested to 
ensure that the represented value of UEC or E<INF>a</INF> is greater 
than or equal to the higher of:
    (A) The mean of the sample, where:
    [GRAPHIC] [TIFF OMITTED] TP23NO21.194
    
    and, x is the sample mean; n is the number of samples; and 
x<INF>i</INF> is the UEC or E<INF>a</INF> of the ith sample; or,
    (B) The upper 97.5-percent confidence limit (UCL) of the true mean 
divided by 1.05, where:
[GRAPHIC] [TIFF OMITTED] TP23NO21.195

    And, x is the sample mean; s is the sample standard deviation; n is 
the number of samples; and t<INF>0.975</INF> is the t-statistic for a 
97.5-percent one-tailed confidence interval with n-1 degrees of freedom 
(from appendix A of this subpart).
    (iii) For each basic model of battery chargers other than UPSs, 
using the sample from paragraph (a)(2)(ii) of this section, calculate 
the represented values of each metric (i.e., maintenance mode power 
(P<INF>m</INF>), no-battery mode power (P<INF>nb</INF>), standby power 
(P<INF>sb</INF>), off mode power (P<INF>off</INF>), battery discharge 
energy (E<INF>batt</INF>), 24-hour energy consumption (E<INF>24</INF>), 
and duration of the charge and maintenance mode test (t<INF>cd</INF>)), 
where the represented value of the metric is:
[GRAPHIC] [TIFF OMITTED] TP23NO21.196

    and, x is the sample mean, n is the number of samples, and 
x<INF>i</INF> is the measured value of the ith sample for the metric.
* * * * *
0
3. Section 429.134 is amended by adding paragraph (s) to read as 
follows:


Sec.  429.134   Product specific enforcement provisions.

* * * * *
    (s) Battery chargers--verification of reported represented value 
obtained from testing in accordance with appendix Y1 of 10 CFR part 430 
subpart B when using an external power supply. If the battery charger 
basic model requires the use of an external power supply (``EPS''), and 
the manufacturer reported EPS is no longer available on the market, 
then DOE will test the battery charger with any compatible EPS that is 
minimally compliant with DOE's energy conservation standards for EPSs 
as prescribed in Sec.  430.32(w) of this subchapter and that meets the 
battery charger input power criteria.

PART 430--ENERGY CONSERVATION PROGRAM FOR CONSUMER PRODUCTS

0
4. The authority citation for part 430 continues to read as follows:

    Authority:  42 U.S.C. 6291-6309; 28 U.S.C. 2461 note.


Sec.  430.3   [Amended]

0
5. Section 430.3 is amended by:
0
a. Removing the words ``IBR approved for Appendix Y'', in paragraph 
(e)(22), and adding in its place the words ``IBR approved for 
appendices Y and Y1'';
0
b. Removing the words ``appendix Y to subpart B'', in paragraph (o)(3), 
and adding in its place the words ``appendices Y and Y1 to subpart B''; 
and
0
c. Removing the words ``Y, Z,'', in paragraph (o)(6), and adding in its 
place the words ``Y, Y1, Z,''.
0
6. Section 430.23 is amended by revising paragraph (aa) to read as 
follows:


Sec.  430.23   Test procedures for the measurement of energy and water 
consumption.

* * * * *
    (aa) Battery Chargers. (1) For battery chargers subject to 
compliance with the relevant standard at Sec.  430.32 as that standard 
appeared in the January 1, 2021 edition of 10 CFR parts 200-499:
    (i) Measure the maintenance mode power, standby power, off mode 
power, battery discharge energy, 24-hour energy consumption and 
measured duration of the charge and maintenance mode test for a battery 
charger other than uninterruptible power supplies in accordance with 
appendix Y to this subpart,
    (ii) Calculate the unit energy consumption of a battery charger 
other than uninterruptible power supplies in accordance with appendix Y 
to this subpart,

[[Page 66904]]

    (iii) Calculate the average load adjusted efficiency of an 
uninterruptible power supply in accordance with appendix Y to this 
subpart.
    (2) For a battery charger subject to compliance with any amended 
relevant standard provided in Sec.  430.32 that is published after 
January 1, 2021:
    (i) Measure active mode energy, maintenance mode power, no-battery 
mode power, off mode power and battery discharge energy for a battery 
charger other than uninterruptible power supplies in accordance with 
appendix Y1 to this subpart.
    (ii) Calculate the standby power of a battery charger other than 
uninterruptible power supplies in accordance with appendix Y1, to this 
subpart.
    (iii) Calculate the average load adjusted efficiency of an 
uninterruptible power supply in accordance with appendix Y1 to this 
subpart.
* * * * *
0
7. Appendix Y to subpart B of part 430 is amended by:
0
a. Revising the introductory paragraph;
0
b. Revising sections 3.2.5.(f), 3.3.4., and 3.3.8.;
0
c. Revising Table 3.3.2 through 3.3.10.; and
0
d. Revising sections 3.3.11. through 3.3.13.
    The revisions read as follows:

Appendix Y to Subpart B of Part 430--Uniform Test Method for Measuring 
the Energy Consumption of Battery Chargers

    Note: Manufacturers must use the results of testing under 
appendix Y to determine compliance with the relevant standard from 
Sec.  430.32(z) as that standard appeared in the January 1, 2021 
edition of 10 CFR parts 200-499. Specifically, before [Date 180 days 
following publication of the final rule] representations must be 
based upon results generated either under this appendix or under 
appendix Y as it appeared in the 10 CFR parts 200-499 edition 
revised as of January 1, 2021.
    For any amended standards for battery chargers published after 
January 1, 2021, manufacturers must use the results of testing under 
appendix Y1 to determine compliance. Representations related to 
energy consumption must be made in accordance with the appropriate 
appendix that applies (i.e., appendix Y or appendix Y1) when 
determining compliance with the relevant standard. Manufacturers may 
also use appendix Y1 to certify compliance with amended standards, 
published after January 1, 2021, prior to the applicable compliance 
date for those standards.
* * * * *

3.2.5. Accessing the Battery for the Test

* * * * *
    (f) If any of the following conditions noted immediately below 
in sections 3.2.5.(f)(1) to 3.2.5.(f)(3) are applicable, preventing 
the measurement of the Battery Discharge Energy and the Charging and 
Maintenance Mode Energy, a manufacturer must submit a petition for a 
test procedure waiver in accordance with Sec.  430.27:
    (1) Inability to access the battery terminals;
    (2) Access to the battery terminals destroys charger 
functionality; or
    (3) Inability to draw current from the test battery.
* * * * *

3.3.4. Preparing the Battery for Charge Testing

    Following any conditioning prior to beginning the battery charge 
test (section 3.3.6 of this appendix), the test battery shall be 
fully discharged to the end of discharge voltage prescribed in Table 
3.3.2 of this appendix, or until the UUT circuitry terminates the 
discharge.
* * * * *

3.3.8. Battery Discharge Energy Test

    (a) If multiple batteries were charged simultaneously, the 
discharge energy is the sum of the discharge energies of all the 
batteries.
    (1) For a multi-port charger, batteries that were charged in 
separate ports shall be discharged independently.
    (2) For a batch charger, batteries that were charged as a group 
may be discharged individually, as a group, or in sub-groups 
connected in series and/or parallel. The position of each battery 
with respect to the other batteries need not be maintained.
    (b) During discharge, the battery voltage and discharge current 
shall be sampled and recorded at least once per minute. The values 
recorded may be average or instantaneous values.
    (c) For this test, the technician shall follow these steps:
    (1) Ensure that the test battery has been charged by the UUT and 
rested according to sections 3.3.6. and 3.3.7.
    (2) Set the battery analyzer for a constant discharge rate and 
the end-of-discharge voltage in Table 3.3.2 of this appendix for the 
relevant battery chemistry.
    (3) Connect the test battery to the analyzer and begin recording 
the voltage, current, and wattage, if available from the battery 
analyzer. When the end-of-discharge voltage is reached or the UUT 
circuitry terminates the discharge, the test battery shall be 
returned to an open-circuit condition. If current continues to be 
drawn from the test battery after the end-of-discharge condition is 
first reached, this additional energy is not to be counted in the 
battery discharge energy.
    (d) If not available from the battery analyzer, the battery 
discharge energy (in watt-hours) is calculated by multiplying the 
voltage (in volts), current (in amperes), and sample period (in 
hours) for each sample, and then summing over all sample periods 
until the end-of-discharge voltage is reached.
* * * * *

   Table 3.3.2--Required Battery Discharge Rates and End-of-Discharge
                            Battery Voltages
------------------------------------------------------------------------
                                                              End-of-
                                                             discharge
            Battery chemistry             Discharge rate     voltage*
                                                (C)         (volts per
                                                               cell)
------------------------------------------------------------------------
Valve-Regulated Lead Acid (VRLA)........             0.2            1.75
Flooded Lead Acid.......................             0.2            1.70
Nickel Cadmium (NiCd)...................             0.2             1.0
Nickel Metal Hydride (NiMH).............             0.2             1.0
Lithium-ion (Li-Ion)....................             0.2             2.5
Lithium-ion Polymer.....................             0.2             2.5
Lithium Iron Phosphate..................             0.2             2.0
Rechargeable Alkaline...................             0.2             0.9
Silver Zinc.............................             0.2             1.2
------------------------------------------------------------------------
\*\ If the presence of protective circuitry prevents the battery cells
  from being discharged to the end-of-discharge voltage specified, then
  discharge battery cells to the lowest possible voltage permitted by
  the protective circuitry.


[[Page 66905]]

3.3.11. Standby Mode Energy Consumption Measurement

    The standby mode measurement depends on the configuration of the 
battery charger, as follows:
    (a) Conduct a measurement of standby power consumption while the 
battery charger is connected to the power source. Disconnect the 
battery from the charger, allow the charger to operate for at least 
30 minutes, and record the power (i.e., watts) consumed as the time 
series integral of the power consumed over a 10-minute test period, 
divided by the period of measurement. If the battery charger has 
manual on-off switches, all must be turned on for the duration of 
the standby mode test.
    (b) Standby mode may also apply to products with integral 
batteries, as follows:
    (1) If the product uses a cradle and/or adapter for power 
conversion and charging, then ``disconnecting the battery from the 
charger'' will require disconnection of the end-use product, which 
contains the batteries. The other enclosures of the battery charging 
system will remain connected to the main electricity supply, and 
standby mode power consumption will equal that of the cradle and/or 
adapter alone.
    (2) If the product is powered through a detachable AC power cord 
and contains integrated power conversion and charging circuitry, 
then only the cord will remain connected to mains, and standby mode 
power consumption will equal that of the AC power cord (i.e., zero 
watts).
    (3) If the product contains integrated power conversion and 
charging circuitry but is powered through a non-detachable AC power 
cord or plug blades, then no part of the system will remain 
connected to mains, and standby mode measurement is not applicable.

3.3.12. Off Mode Energy Consumption Measurement

    The off mode measurement depends on the configuration of the 
battery charger, as follows:
    (a) If the battery charger has manual on-off switches, record a 
measurement of off mode energy consumption while the battery charger 
is connected to the power source. Remove the battery from the 
charger, allow the charger to operate for at least 30 minutes, and 
record the power (i.e., watts) consumed as the time series integral 
of the power consumed over a 10-minute test period, divided by the 
period of measurement, with all manual on-off switches turned off. 
If the battery charger does not have manual on-off switches, record 
that the off mode measurement is not applicable to this product.
    (b) Off mode may also apply to products with integral batteries, 
as follows:
    (1) If the product uses a cradle and/or adapter for power 
conversion and charging, then ``disconnecting the battery from the 
charger'' will require disconnection of the end-use product, which 
contains the batteries. The other enclosures of the battery charging 
system will remain connected to the main electricity supply, and off 
mode power consumption will equal that of the cradle and/or adapter 
alone.
    (2) If the product is powered through a detachable AC power cord 
and contains integrated power conversion and charging circuitry, 
then only the cord will remain connected to mains, and off mode 
power consumption will equal that of the AC power cord (i.e., zero 
watts).
    (3) If the product contains integrated power conversion and 
charging circuitry but is powered through a non-detachable AC power 
cord or plug blades, then no part of the system will remain 
connected to mains, and off mode measurement is not applicable.

3.3.13. Unit Energy Consumption Calculation

    Unit energy consumption (UEC) shall be calculated for a battery 
charger using one of the two equations (equation (i) or equation 
(ii)) listed in this section. If a battery charger is tested and its 
charge duration as determined in section 3.3.2 of this appendix 
minus 5 hours is greater than the threshold charge time listed in 
Table 3.3.3 of this appendix (i.e., (t<INF>cd</INF> - 5) * n > 
t<INF>a&m</INF>), equation (ii) shall be used to calculate UEC; 
otherwise a battery charger's UEC shall be calculated using equation 
(i).
[GRAPHIC] [TIFF OMITTED] TP23NO21.197

Where:

E<INF>24</INF> = 24-hour energy as determined in section 3.3.10 of 
this appendix,
Measured E<INF>batt</INF> = Measured battery energy as determined in 
section 3.3.8. of this appendix,
P<INF>m</INF> = Maintenance mode power as determined in section 
3.3.9. of this appendix,
P<INF>sb</INF> = Standby mode power as determined in section 3.3.11. 
of this appendix,
P<INF>off</INF> = Off mode power as determined in section 3.3.12. of 
this appendix,
t<INF>cd</INF> = Charge test duration as determined in section 
3.3.2. of this appendix, and
t<INF>a&m</INF>, n, t<INF>sb</INF>, and t<INF>off</INF>, are 
constants used depending upon a device's product class and found in 
the Table 3.3.3:

                                                       Table 3.3.3--Battery Charger Usage Profiles
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                     Product class                                                 Hours per day ***            Charges (n)   Threshold
-------------------------------------------------------------------------------------------------------------------------------------------- charge time
                                                                        Special                                                                   *
                                            Measured battery       characteristic or      Active +      Standby                  Number per ------------
     Number            Description          energy (measured       highest  nameplate    maintenance     (tsb)      Off (toff)      day
                                                Ebatt) **           battery voltage        (ta&m)                                               Hours
--------------------------------------------------------------------------------------------------------------------------------------------------------
1...............  Low-Energy...........  <=20 Wh...............  Inductive Connection          20.66         0.10         0.00         0.15       137.73
                                                                  ****.
2...............  Low-Energy, Low-       <100 Wh...............  <4 V.................          7.82         5.29         0.00         0.54        14.48
                   Voltage.
3...............  Low-Energy, Medium-    ......................  4-10 V...............          6.42         0.30         0.00         0.10        64.20
                   Voltage.

[[Page 66906]]

 
4...............  Low-Energy, High-      ......................  >10 V................         16.84         0.91         0.00         0.50        33.68
                   Voltage.
5...............  Medium-Energy, Low-    100-3000 Wh...........  <20 V................          6.52         1.16         0.00         0.11        59.27
                   Voltage.
6...............  Medium-Energy, High-   ......................  >=20 V...............         17.15         6.85         0.00         0.34        50.44
                   Voltage.
7...............  High-Energy..........  >3000 Wh..............  .....................          8.14         7.30         0.00         0.32        25.44
--------------------------------------------------------------------------------------------------------------------------------------------------------
* If the duration of the charge test (minus 5 hours) as determined in section 3.3.2. of appendix Y to subpart B of this part exceeds the threshold
  charge time, use equation (ii) to calculate UEC otherwise use equation (i).
** Measured Ebatt = Measured battery energy as determined in section 3.3.8.
*** If the total time does not sum to 24 hours per day, the remaining time is allocated to unplugged time, which means there is 0 power consumption and
  no changes to the UEC calculation needed.
**** Fixed-location inductive wireless charger only.

* * * * *
0
8. Appendix Y1 to subpart B of part 430 is added to read as follows:

Appendix Y1 to Subpart B of Part 430-Uniform Test Method for Measuring 
the Energy Consumption of Battery Chargers

    Note: Manufacturers must use the results of testing under this 
appendix Y1 to determine compliance with any amended standards for 
battery chargers provided in Sec.  430.32 that are published after 
January 1, 2021. Representations related to energy or water 
consumption must be made in accordance with the appropriate appendix 
that applies (i.e., appendix Y or appendix Y1) when determining 
compliance with the relevant standard. Manufacturers may also use 
appendix Y1 to certify compliance with amended standards, published 
after January 1, 2021, prior to the applicable compliance date for 
those standards.

1. Scope

    This appendix provides the test requirements used to measure the 
energy consumption of battery chargers, including fixed-location 
wireless chargers designed for charging batteries with less than 100 
watt-hour battery energy and open-placement wireless chargers, 
operating at either DC or United States AC line voltage (115V at 
60Hz). This appendix also provides the test requirements used to 
measure the energy efficiency of uninterruptible power supplies as 
defined in section 2 of this appendix that utilize the standardized 
National Electrical Manufacturer Association (NEMA) plug, 1-15P or 
5-15P, as specified in ANSI/NEMA WD 6-2016 (incorporated by 
reference, see Sec.  430.3) and have an AC output. This appendix 
does not provide a method for testing back-up battery chargers or 
open-placement wireless chargers.

2. Definitions

    The following definitions are for the purposes of explaining the 
terminology associated with the test method for measuring battery 
charger energy consumption.\1\
---------------------------------------------------------------------------

    \1\ For clarity on any other 

[…truncated; see source link]
Indexed from Federal Register on November 23, 2021.

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