80_FR_51588 80 FR 51424 - Energy Conservation Program: Test Procedures for External Power Supplies

80 FR 51424 - Energy Conservation Program: Test Procedures for External Power Supplies

DEPARTMENT OF ENERGY

Federal Register Volume 80, Issue 164 (August 25, 2015)

Page Range51424-51443
FR Document2015-20717

On October 9, 2014, the U.S. Department of Energy (DOE) issued a notice of proposed rulemaking (NOPR) to amend the test procedure for External Power Supplies (EPSs). That proposed rulemaking serves as the basis for this final rule. The U.S. Department of Energy is issuing a final rule amending its test procedure for external power supplies. These changes, which will not affect the measured energy use, will harmonize the instrumentation resolution and uncertainty requirements with the second edition of the International Electrotechnical Commission (IEC) 62301 standard when measuring standby power along with other international standards programs, and clarify certain testing set-up requirements. This final rule also clarifies which products are subject to energy conservation standards.

Federal Register, Volume 80 Issue 164 (Tuesday, August 25, 2015)
[Federal Register Volume 80, Number 164 (Tuesday, August 25, 2015)]
[Rules and Regulations]
[Pages 51424-51443]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-20717]


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DEPARTMENT OF ENERGY

10 CFR Parts 429 and 430

[Docket No. EERE-2014-BT-TP-0043]
RIN 1904-AD36


Energy Conservation Program: Test Procedures for External Power 
Supplies

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

ACTION: Final rule.

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SUMMARY: On October 9, 2014, the U.S. Department of Energy (DOE) issued 
a notice of proposed rulemaking (NOPR) to amend the test procedure for 
External Power Supplies (EPSs). That proposed rulemaking serves as the 
basis for this final rule. The U.S. Department of Energy is issuing a 
final rule amending its test procedure for external power supplies. 
These changes, which will not affect the measured energy use, will 
harmonize the instrumentation resolution and uncertainty requirements 
with the second edition of the International Electrotechnical 
Commission (IEC) 62301 standard when measuring standby power along with 
other international standards programs, and clarify certain testing 
set-up requirements. This final rule also clarifies which products are 
subject to energy conservation standards.

DATES: The effective date of this rule is September 24, 2015.
    The incorporation by reference of certain publications listed in 
this rule was approved by the Director of the Federal Register as of 
September 24, 2015.

ADDRESSES: The docket, which includes Federal Register notices, public 
meeting attendee lists and transcripts, comments, and other supporting 
documents/materials, is available for review at regulations.gov. All 
documents in the docket are listed in the regulations.gov index. 
However, some documents listed in the index, such as those containing 
information that is exempt from public disclosure, may not be publicly 
available.
    A link to the docket Web page can be found at: http://www1.eere.energy.gov/buildings/appliance_standards/product.aspx?productid=23. This Web page will contain a link to the 
docket for this document on the regulations.gov site. The 
regulations.gov Web page will contain simple instructions on how to 
access all documents, including public comments, in the docket.
    For further information on how to review the docket, contact Ms. 
Brenda Edwards at (202) 586-2945 or by email: 
[email protected].

FOR FURTHER INFORMATION CONTACT: Direct requests for additional 
information may be sent to Mr. Jeremy Dommu, U.S. Department of Energy, 
Office of Energy Efficiency and Renewable Energy, Building Technologies 
Office, EE-2J, 1000 Independence Avenue SW., Washington, DC, 20585-
0121. Telephone: (202) 586-9870.
    Email: [email protected].
    In the office of the General Counsel, contact 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: [email protected].

SUPPLEMENTARY INFORMATION: 

Table of Contents

I. Authority and Background
    A. General Test Procedure Rulemaking Process
II. Synopsis of the Final Rule
III. Discussion
    A. Measurement Accuracy and Precision
    B. Test Set-up
    C. EPSs with Current Limits
    D. Power Factor
    E. Adaptive EPSs
    F. EPS Loading Points
    G. Energy Conservation Standards
    H. Indirect Operation EPSs
    I. EPSs for Solid State Lighting
    J. Sampling Plan
    K. Expanding Regulatory Text
    L. Effective Date and Compliance Date of Test Procedure
IV. Procedural Issues and Regulatory Review
    A. Review Under Executive Order 12866
    B. Review Under the Regulatory Flexibility Act
    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

[[Page 51425]]

    M. Description of Materials Incorporated by Reference
    N. Congressional Notification
V. Approval of the Office of the Secretary

I. Authority and Background

    Title III of the Energy Policy and Conservation Act of 1975 (42 
U.S.C. 6291, et seq.; ``EPCA'' or, in context, ``the Act'') sets forth 
a variety of provisions designed to improve energy efficiency. (All 
references to EPCA refer to the statute as amended through the Energy 
Efficiency Improvement Act of 2015--Public Law 114-11 (April 30, 2015). 
Part B of title III, which for editorial reasons was re-designated as 
Part A upon incorporation into the U.S. Code (42 U.S.C. 6291-6309, as 
codified), establishes the ``Energy Conservation Program for Consumer 
Products Other Than Automobiles.'' External power supplies are among 
the products affected by these provisions.
    Under EPCA, the energy conservation program consists essentially of 
four parts: (1) Testing, (2) labeling, (3) Federal energy conservation 
standards, and (4) certification and enforcement procedures. The 
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 under EPCA, and (2) making representations about the efficiency 
of those products. Similarly, DOE must use these test procedures to 
determine whether the products comply with any relevant standards 
promulgated under EPCA.

A. General Test Procedure Rulemaking Process

    Under 42 U.S.C. 6293, EPCA sets forth the criteria and procedures 
DOE follows when prescribing or amending test procedures for covered 
products. EPCA provides in relevant part that any test procedures 
prescribed or amended under this section shall be reasonably designed 
to produce test results that measure the energy efficiency, energy use, 
or estimated annual operating cost of a covered product during a 
representative average use cycle or period of use and shall not be 
unduly burdensome to conduct. (42 U.S.C. 6293(b)(3))
    In addition, when DOE determines that a test procedure requires 
amending, it publishes a notice with the proposed changes and offers 
the public an opportunity to comment on the proposal. (42 U.S.C. 
6293(b)(2)) As part of this process, DOE determines the extent to 
which, if any, the proposed test procedure would alter the measured 
energy efficiency of any covered product as determined under the 
existing test procedure. (42 U.S.C. 6293(e)(1))
    Section 135 of the Energy Policy Act of 2005 (EPACT 2005), Public 
Law 109-58 (Aug. 8, 2005), amended sections 321 and 325 of EPCA by 
adding certain provisions related to external power supplies (EPSs). 
Among these provisions were new definitions defining what constitutes 
an EPS and a requirement that DOE prescribe ``definitions and test 
procedures for the power use of battery chargers and external power 
supplies.'' (42 U.S.C. 6295(u)(1)(A)) DOE complied with this 
requirement by publishing a test procedure final rule that, among other 
things, established a new Appendix Z to address the testing of EPSs to 
measure their energy efficiency and power consumption. See 71 FR 71340 
(Dec. 8, 2006) (codified at 10 CFR part 430, subpart B, Appendix Z 
``Uniform Test Method for Measuring the Energy Consumption of External 
Power Supplies'').
    Congress further amended EPCA's EPS provisions through its 
enactment of the Energy Independence and Security Act of 2007 (EISA 
2007), Public Law 110-140 (Dec. 19, 2007). That law amended sections 
321, 323, and 325 of EPCA. These changes are noted below.
    Section 301 of EISA 2007 amended section 321 of EPCA by modifying 
the EPS-related definitions found in 42 U.S.C. 6291. While EPACT 2005 
defined an EPS as ``an external power supply circuit that is used to 
convert household electric current into DC current or lower-voltage AC 
current to operate a consumer product,'' \1\ 42 U.S.C. 6291(36)(A), 
Section 301 of EISA 2007 further amended this definition by creating a 
subset of EPSs called Class A External Power Supplies. EISA 2007 
defined this subset of products as those EPSs that, in addition to 
meeting several other requirements common to all EPSs,\2\ are ``able to 
convert [line voltage AC] to only 1 AC or DC output voltage at a time'' 
and have ``nameplate output power that is less than or equal to 250 
watts.'' (42 U.S.C. 6291(36)(C)(i)) As part of these amendments, EISA 
2007 prescribed minimum standards for these products and directed DOE 
to publish a final rule by July 1, 2011, to determine whether to amend 
these standards. See 42 U.S.C. 6295(u)(3)(A) and (D).
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    \1\ The terms ``AC'' and ``DC'' refer to the polarity (i.e., 
direction) and amplitude of current and voltage associated with 
electrical power. For example, a household wall socket supplies 
alternating current (AC), which varies in amplitude and reverses 
polarity. In contrast, a battery or solar cell supplies direct 
current (DC), which is constant in both amplitude and polarity.
    \2\ The full EISA 2007 definition of a class A external power 
supply includes a device that ``(I) is designed to convert line 
voltage AC input into lower voltage AC or DC output; (II) is able to 
convert to only 1 AC or DC output voltage at a time; (III) is sold 
with, or intended to be used with, a separate end-use product that 
constitutes the primary load; (IV) is contained in a separate 
physical enclosure from the end-use product; (V) is connected to the 
end-use product via a removable or hard-wired male/female electrical 
connection, cable, cord, or other wiring; and (VI) has nameplate 
output power that is less than or equal to 250 watts.'' (42 U.S.C. 
6291(36)(C)(i))
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    Section 310 of EISA 2007 amended section 325 of EPCA by defining 
the terms ``active mode,'' ``standby mode,'' and ``off mode.'' Each of 
these modes corresponds to the operational status of a given product--
i.e., whether it is (1) plugged into AC mains and switched ``on'' and 
performing its intended function, (2) plugged in but not performing its 
intended function (i.e., simply standing by to be operated), or (3) 
plugged in, but switched ``off,'' if a manual on-off switch is present. 
Section 310 also required DOE to amend its test procedure to ensure 
that standby and off mode energy consumption are measured. It also 
authorized DOE to amend, by rule, any of the definitions for active, 
standby, and off mode as long as the DOE considers the most current 
versions of Standards 62301 (``Household Electrical Appliances--
Measurement of Standby Power'') and 62087 (``Methods of Measurement for 
the Power Consumption of Audio, Video and Related Equipment'') of the 
International Electrotechnical Commission (IEC). See 42 U.S.C. 
6295(gg)(2)(A) (incorporating EISA 2007 amendments related to standby 
and off mode energy). Consistent with these provisions, DOE issued a 
final rule that defined and added these terms and definitions to 10 CFR 
part 430, subpart B, Appendix Z (``Appendix Z''). See 74 FR 13318 
(March 27, 2009).
    DOE further amended Appendix Z by adding a test method for 
multiple-voltage EPSs, 76 FR 31750 (June 1, 2011). The amendments also 
revised the definition of ``active power'' and clarified how to test an 
EPS that has a current-limiting function, that can communicate with its 
load, or that combines the current-limiting function with the ability 
to communicate with a load. A current-limited EPS is one that can 
significantly lower its output voltage once an internal output current 
limit has been exceeded, while an EPS that communicates with its load 
refers to an EPS's ability to identify or otherwise exchange 
information with its load (i.e., the end-use product to which it is 
connected). These revisions were

[[Page 51426]]

necessary to provide manufacturers with sufficient clarity on how to 
conduct the test and determine the measured energy use for these types 
of EPSs.
    After releasing a preliminary analysis and issuing a proposed set 
of energy conservation standards, DOE published a final rule 
prescribing new standards for non-Class A EPSs and amended standards 
for some Class A EPSs. See 79 FR 7845 (Feb. 20, 2014). EPSs 
manufactured on or after February 10, 2016 must comply with these 
standards; for products built outside the U.S., EPSs imported on or 
after February 10, 2016, must comply with the new standards.\3\
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    \3\ Generally, a covered product must comply with the relevant 
standard in effect as of the date the product is manufactured. For 
products imported into the U.S., this is the date of importation. 
See 42 U.S.C. 6291(10) (``The term `manufacture' means to 
manufacture, produce, assemble or import.'')
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    Following the publication of these standards, DOE received many 
follow-up questions and requests for clarification regarding the 
testing of EPSs. To address these issues, DOE published a test 
procedure NOPR on October 9, 2014, which proposed amending the EPS test 
procedure to ensure sufficient clarity regarding EPS testing and 
certification. 79 FR 60996. As part of the proposed rule, DOE outlined 
certain clarifications to Appendix Z to eliminate any testing ambiguity 
when measuring the efficiency of an EPS. DOE also proposed to include 
additional, but optional, measurements within Appendix Z concerning EPS 
power factor and other loading points outside those previously codified 
in the CFR. Lastly, DOE expressed its intent to consider all EPSs 
within the scope of the standards under a single sampling plan rather 
than maintaining separate sampling plans for Class A EPSs and non-Class 
A EPSs.
    Upon stakeholder request, DOE held a public meeting on November 21, 
2014, to discuss these proposed changes to the EPS test procedure. 
Prior to that meeting, DOE extended the initial deadline for submitting 
comments. See 79 FR 65351 (Nov. 4, 2014). DOE noted this change at the 
public meeting. DOE analyzed all of the comments received in response 
to the October 2014 test procedure NOPR from the list of commenters in 
Table I-1 and incorporated recommendations, where appropriate, into 
this test procedure final rule.

                                          Table I-1--List of Commenters
----------------------------------------------------------------------------------------------------------------
             Organization                    Abbreviation                       Organization type
----------------------------------------------------------------------------------------------------------------
Association of Home Appliance          AHAM....................  Industry Trade Association.
 Manufacturers.
California Investor-Owned Utilities..  CA IOUs.................  Utilities.
Information Technology Industry        ITI.....................  Industry Trade Association.
 Council.
Lutron Electronics...................  Lutron..................  Manufacturer.
National Electrical Manufacturers      NEMA....................  Industry Trade Association.
 Association.
NRDC, ACEEE, ASAP....................  NRDC, et al.............  Energy Efficiency Advocates.
Power Tool Institute, Inc............  PTI.....................  Industry Trade Association.
Schneider Electric...................  Schneider Electric......  Manufacturer.
Telecommunications Industry            TIA.....................  Industry Trade Association.
 Association.
Wahl Clipper Corporation.............  Wahl Clipper............  Manufacturer.
----------------------------------------------------------------------------------------------------------------

II. Synopsis of the Final Rule

    This final rule amends the DOE test procedure for EPSs. The 
amendments are based on the proposed changes in the test procedure 
NOPR. While DOE is adopting many of the proposals from the NOPR, some 
of the proposed amendments have been removed from consideration or 
modified based on stakeholder feedback. As indicated in greater detail 
below, these amendments clarify the current procedure in Appendix Z and 
the definitions set forth in 10 CFR 430.2, as well as update the 
materials incorporated by reference in 10 CFR 430.3. This rule also 
amends 10 CFR 430.32(w) by inserting a table to more clearly identify 
applicable EPS standards based on whether the EPS is (1) a Class A or 
non-Class A EPS and (2) direct or indirect operation. These minor 
amendments will eliminate any potential ambiguity contained in the test 
procedure and clarify the regulatory text to ensure that regulated 
entities fully understand the long-standing views and interpretations 
of DOE with respect to the application and implementation of the test 
procedure and the scope of the EPS standards. These amendments will not 
affect the measured energy use of these products. Instead, they will 
clarify the manner in which to test for compliance with the EPS energy 
conservation standards.
    First, this final rule harmonizes DOE's test procedure with the 
latest version of IEC 62301 by providing specific resolution and 
measurement tolerances. These specifications will help to ensure that 
testing is performed with equipment that is capable of reaching these 
tolerances and that the resulting measurements are consistent.
    Second, DOE is outlining the testing configurations that can be 
used to avoid potential losses caused by testing cables. Appendix Z 
currently does not clearly outline how multiple measurement devices 
that operate simultaneously should be connected to a unit under test 
(UUT). These changes remove the potential for electrical energy losses 
in the measurement cables and help ensure accurate and repeatable 
results.
    Third, DOE is clarifying that when testing an EPS that is incapable 
of being tested at one or more of the loading conditions used to 
calculate the average active mode efficiency, such conditions will be 
omitted when calculating this metric. Instead, the average active mode 
efficiency will be determined by averaging the efficiency results at 
each of the loading conditions that can be measured.
    Fourth, this final rule defines and clarifies how to test adaptive 
EPSs (also referred to as ``adaptive-charging,'' ``smart-charging,'' or 
``quick-charging'' EPSs). Because these types of EPSs were not 
considered when the current test procedure was first adopted, Appendix 
Z did not explicitly address the unique characteristics of these types 
of EPSs to ensure reproducible and repeatable results. This final rule 
makes certain clarifications to address these products by providing a 
standardized method for all manufacturers and testing laboratories to 
follow when testing an adaptive EPS.
    Fifth, DOE is including a table within 10 CFR 430.32 (``Energy and 
water conservation standards and their compliance dates'') that clearly 
outlines which sets of standards apply to which EPS classes. The 
inclusion of the table is again meant to provide clarity to 
manufacturers who are trying to determine the applicable standards.

[[Page 51427]]

    Sixth, DOE is adopting the same sampling plan that is already in 
place for Class A EPSs for those EPSs that will be subject to standards 
for the first time in 2016. These revisions consolidate all EPSs that 
are subject to standards under a single sampling plan and provide 
manufacturers with the necessary procedures they will need to follow 
when certifying their EPSs as compliant with the applicable standards. 
Previously, DOE only provided a sampling plan for Class A EPSs and 
reserved a second sampling plan for non-Class A EPSs. By adopting a 
single sampling plan that applies to all EPSs in this final rule, DOE 
is creating a single, statistically sufficient approach for ensuring 
that a given EPS basic model complies with the applicable standards.
    Finally, this rule incorporates text from the California Energy 
Commission's (CEC) ``Test Method for Calculating the Energy Efficiency 
of Single-Voltage External AC-DC and AC-AC Power Supplies'' into 
Appendix Z. This document is already incorporated by reference in the 
current language of Appendix Z. DOE believes that by adopting the 
referenced text directly, it will help to reduce the testing burden on 
manufacturers and clarify the intended test methods within a single 
document.
    A summary of these amendments to specific sections of 10 CFR part 
430 can be found in Table II-1.

 Table II-1--Summary of Proposed Changes and Affected Sections of 10 CFR
                                Part 430
------------------------------------------------------------------------
 
------------------------------------------------------------------------
                Subpart A of Part 430--General Provisions
------------------------------------------------------------------------
 Section in 10 CFR Part 430       NOPR Proposal       Final Rule Action
          Subpart A
------------------------------------------------------------------------
Sec.   430.2. Definitions...   Revising      Did not
                               definition of         finalize proposal.
                               ``indirect
                               operation external
                               power supply'' to
                               include battery
                               chargers contained
                               in separate
                               physical
                               enclosureswithin
                               Appendix Z.
                               Proposed to   Finalized
                               define ``adaptive     definition with
                               external power        clarification
                               supply''.             within 430.2.
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 Appendix Z to Subpart B of Part 430--Uniform Test Method for Measuring
            the Energy Consumption of External Power Supplies
------------------------------------------------------------------------
    Section in Appendix Z         NOPR Proposal       Final Rule Action
------------------------------------------------------------------------
1. Scope....................   No Change..   Clarified
                                                     that scope of the
                                                     test procedure
                                                     extends only to
                                                     EPSs subject to
                                                     conservation
                                                     standards.
2. Definitions..............   Inserting     Finalized
                               definition for        as proposed.
                               ``average active
                               mode efficiency''.
3. Test Apparatus and          Insert        Finalized
 General Instructions.         exceptions to the     within adopted text
                               test method of 3(a)   from the CEC's
                               within subsections    ``Test Method for
                               3(a)(i) and           Calculating the
                               3(a)(ii).             Energy Efficiency
                                                     of Single-Voltage
                                                     External AC-DC and
                                                     AC-AC Power
                                                     Supplies''.
                               Incorporate   Finalized
                               by reference the      within adopted text
                               uncertainty and       from the CEC's
                               resolution            ``Test Method for
                               requirements of the   Calculating the
                               IEC 62301 (2nd Ed.)   Energy Efficiency
                               standard in           of Single-Voltage
                               3(a)(i)(A).           External AC-DC and
                                                     AC-AC Power
                                                     Supplies'' and
                                                     finalized identical
                                                     requirements within
                                                     3(b)(i)(A).
4. Test Measurement.........   Modify        Did not
                               4(a)(i) to include    finalize proposal.
                               a table of the
                               required loading
                               conditions and an
                               additional optional
                               loading point at a
                               10 percent loading
                               condition.
                               Insert an     Did not
                               optional power        finalize proposal.
                               factor measurement
                               at each loading
                               condition in
                               4(a)(i).
                               Clarify the   Finalized
                               necessary             as proposed.
                               connections when
                               using multiple
                               measurement devices
                               (4(a)(i)).
                               Clarify how   Finalized
                               to test when one or   within adopted text
                               more loading          from the CEC's
                               conditions cannot     ``Test Method for
                               be sustained          Calculating the
                               (4(a)(i)(B)).         Energy Efficiency
                                                     of Single-Voltage
                                                     External AC-DC and
                                                     AC-AC Power
                                                     Supplies''.
                               Modify        Did not
                               4(a)(ii) to refer     finalize as
                               to the appropriate    proposed.
                               loading conditions
                               in Table 1.
                               Modify        Did not
                               several sections of   finalize as
                               4(b)(i) to refer to   proposed.
                               an updated Table 2.
                               Revising      Did not
                               4(b)(i)(A)(5) to      finalize proposal.
                               refer to a new
                               Table 2, which
                               contains a list of
                               prescribed loading
                               conditions to use,
                               including a new 10
                               percent loading
                               condition.
                               Modify        Did not
                               4(b)(ii) to refer     finalize proposal.
                               to the updated
                               loading conditions
                               in new Table 2.
------------------------------------------------------------------------


[[Page 51428]]

III. Discussion

A. Measurement Accuracy and Precision

    To ease the overall burden involved with the testing of EPSs, and 
to continue to improve DOE's efforts at harmonizing its testing 
requirements where feasible to do so, DOE proposed to incorporate by 
reference into the EPS test procedure the second edition of IEC 62301. 
The IEC published Edition 2.0 of IEC 62301 in January 2011, shortly 
before DOE's previous revision to the EPS test procedure. 76 FR 31750. 
This revised version of the testing standard refined the test equipment 
specifications, measuring techniques, and uncertainty determination to 
improve the method for measuring loads with high crest factors and/or 
low power factors, such as the low power modes typical of EPSs 
operating in no-load mode. Incorporating this edition into the EPS test 
procedure would encompass the resolution parameters for power 
measurements and uncertainty methodologies found in Section 4 (General 
conditions for measurements) as well as the associated references to 
Annexes B (Notes on the measurement of low power modes) and D 
(Determination of uncertainty of measurement) within that section of 
the second edition of the IEC 62301 standard. While harmonizing with 
the latest IEC standard is a statutory requirement, DOE nonetheless 
requested stakeholder feedback regarding the proposed revisions.
    TIA, the CA IOUs, NRDC, and Schneider Electric were all supportive 
of DOE's proposal to harmonize with the latest resolution and 
uncertainty requirements in the second edition of IEC 62301. (TIA, 
No.17 at p.2; \4\ CA IOUs, No.16 at p.2; NRDC, et al., No.18 at p.2; 
Schneider, No.13 at p.2) AHAM was also supportive of DOE's proposal but 
asserted that since harmonization is already required under the statute 
there is no need to amend the language in the test procedure. (AHAM, 
No.11 at p.2) ITI expressed similar thoughts, supporting DOE's 
harmonization efforts but suggesting that DOE should either allow for 
timely test procedure updates to amend the language for each successive 
revision of IEC standard or include language in the regulatory text 
referring to the ``most recent version'' of the standard. (ITI, No.10 
at p.2) PTI had no complaints concerning DOE's proposal but noted that 
the scope of IEC 62301 standard is limited to standby and low-power 
modes and that DOE should consider how these requirements apply to 
other tests. (PTI. No.15 at p.2)
---------------------------------------------------------------------------

    \4\ A notation in this form provides a reference for information 
that is in the docket for this rulemaking (Docket No. EERE-2014-BT-
TP-0043), which is maintained at www.regulations.gov. This notation 
indicates that the statement preceding the reference is from 
document number 17 in the docket and appears at page 2 of that 
document.
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    With the unanimous support of stakeholders and the statutory 
mandate to harmonize with the latest IEC standard, DOE is amending the 
EPS test procedure, codified in Appendix Z of Subpart B to 10 CFR 430, 
in this final rule to incorporate by reference the second edition of 
IEC 62301. DOE is specifically referencing the second edition of this 
standard and is not adopting the proposed approach of referencing the 
most recent version. DOE lacks authority to adopt a ``generic'' 
provision for incorporation by reference. Any standard must be 
specifically approved for incorporation by reference by the Director of 
the Federal Register in accordance with 5 U.S.C. 552(a) and 1 CFR part 
51; furthermore, in order to request approval, the agency must 
summarize the pertinent parts of the standard in the preamble of both 
the proposed and final rules. (1 CFR 51.5). Accordingly, references to 
IEC 62301 are limited to the second edition and its relevant annexes. 
As part of these amendments, DOE will also amend section 430.3 
``Materials incorporated by reference'' to add Appendix Z to the list 
of test procedures that reference the second edition of IEC 62301.

B. Test Set-up

    In the NOPR, DOE attempted to clarify certain sections within the 
DOE test procedure to ensure the test procedure provides accurate, 
repeatable and reproducible test results. DOE had previously proposed, 
and ultimately finalized, requirements in 2006 that incorporated by 
reference certain sections of a test procedure adopted by the 
California Energy Commission (CEC) into Appendix Z. See generally, 71 
FR 71339 (Dec. 8, 2006) (final rule incorporating elements of the CEC 
test procedure for EPSs). That procedure--``Test Method for Calculating 
the Energy Efficiency of Single-Voltage External AC-DC and AC-AC Power 
Supplies (August 11, 2004)''--contained a number of provisions, 
including one (``Measurement Approach'') that outlined how UUTs should 
be conditioned and connected to metering equipment to properly perform 
the test regardless of the type of load. While this provision generally 
describes the testing set-up to follow, it also contains gaps that 
could lead to inconsistent results when testing an EPS.
    DOE specifically noted that the CEC procedure offers no clear 
instructions regarding how to avoid introducing additional efficiency 
losses when connecting additional metering equipment, such as 
voltmeters and ammeters. Using data it collected from investigative 
testing concerning multiple interpretations of the test procedure text, 
DOE found that technicians could measure a lower voltage on the output 
of the UUT when using a voltmeter and ammeter to determine the power 
consumption if the voltmeter is connected farther down the circuit path 
than the series ammeter connection. Such inconsistencies would not 
occur if the voltmeter were instead physically and electrically 
connected directly to the output of the UUT. In theory, the ammeter 
acts as a dead short (i.e., a short circuit having zero resistance) and 
does not introduce electrical resistance during the measurement. In 
practice, the testing leads can introduce resistive losses that vary 
based on, among other factors, the wire gauge of the leads, the length 
of the leads, and the frequency of the signal being measured. At higher 
current loads, these losses become even more pronounced and can lead to 
significant resistive losses within the signal path despite the low 
impedance nature of ammeters. To clarify the testing configuration, DOE 
proposed to amend section 4(a)(i) of Appendix Z to require that any 
equipment necessary to measure the active mode efficiency of a UUT at a 
specific loading condition must be directly connected to the output 
cable of the unit. DOE believed that this step would remove any 
unintended losses in the test measurement introduced by the metering 
equipment because both meters would be measuring directly from the 
output connector of the EPS rather than at different points in the 
signal path. DOE sought comment from stakeholders on whether these 
additional clarifications regarding the testing set-up when using 
voltmeters and ammeters would sufficiently clarify the test method and 
ensure testing accuracy.
    The CA IOUs and NRDC both agreed with DOE's proposal to clarify the 
language in the CEC test procedure within its own EPS procedure to 
accurately capture real world losses without introducing any additional 
losses from the test equipment. (CA IOUs, No.16 at p.2; NRDC, et al., 
No. 18 at p.2) AHAM was also supportive of the revised text and 
encouraged DOE to add a connection diagram for the additional equipment 
within the rule text to further assist technicians who

[[Page 51429]]

have to refer to multiple documents when following the test procedure. 
(AHAM, No.11 at p.3) ITI suggested that DOE require a Kelvin connection 
(i.e., a connection used to reduce the impact of parasitic resistances) 
be made between the voltmeter and the output port of the UUT. In ITI's 
view, separating the current and voltage contacts from each other would 
eliminate any contact resistance or contact impedance from affecting 
the overall measurement. (ITI, No.10 at p.3) Such connections are 
typically used in four-wire sensing applications where low voltages or 
currents are present such that the connection leads can have a 
significant impact on the final measurement. Wahl suggested that, 
rather than stating that the equipment should be directly connected to 
the output, DOE should revise the language to specify that measurements 
be taken directly at the physical enclosure of the UUT because it is 
more specific and usable for any EPS. (Wahl, No.5 at p.19) PTI, 
however, claimed that no changes are required to the test procedure, as 
any measurements should be presumed correct and taken by competent 
practitioners. (PTI, No.15 at p.2)
    In DOE's view, the adoption of the proposed revisions will enhance 
the usability and repeatability of the current test procedure. Based on 
the stakeholder comments noted above, in addition to adopting the 
language proposed in the NOPR to make these connections at the output 
cable of the EPS, DOE has included a configuration diagram for 
connecting additional metering equipment between the electronic or 
resistive load and the output of the UTT. Adding this diagram, in 
addition to being consistent with DOE's proposal, will help maximize 
the level of clarity for tests when conducting the test procedure, 
thereby minimizing the risk of obtaining significantly different 
results regarding the energy usage of a tested EPS. Figure III.1 which 
will be included as part of the regulatory text, illustrates an example 
on how to connect the test equipment to the UUT.
[GRAPHIC] [TIFF OMITTED] TR25AU15.000

    This diagram only illustrates one possible connection assuming a 
single-voltage EPS, but DOE believes it will also help to provide 
further aid to technicians in addition to the new test procedure 
language. These two descriptions, in combination, will help avoid 
errors caused by differing interpretations of the test procedure 
language. As stakeholders correctly noted, ensuring a correct 
connection will reduce any additional losses in the circuit path by 
eliminating the influence of the testing leads and their contact 
resistance. Measuring the efficiency of a UUT at any other point would 
significantly depart from the test methodology currently in place. If 
DOE were to adopt the measurement method proposed by Wahl, it would 
allow manufacturers to ignore the DC output cord losses associated with 
their products. Such an allowance would ease the design burden on 
manufacturers and result in more products on the EPS market that are 
less efficient than the recently amended efficiency standards intended. 
Accordingly, DOE is not adopting Wahl's suggestion and is not requiring 
a certain type of setup (such as a Kelvin connection), as suggested by 
ITI. Instead, DOE has adopted its proposed approach and is clarifying 
the regulatory text by specifying that additional metering equipment 
should be physically and electrically connected at the end of the 
output cable of the UUT.

C. EPSs With Current Limits

    The EPS test procedure produces five output values that are used to 
determine whether a tested EPS complies with Federal standards. These 
output values (or metrics) are outlined in sections 4(a)(i) and 
5(b)(i)(A)(5) of Appendix Z and include active mode efficiency 
measurements at 25 percent, 50 percent, 75 percent, and 100 percent 
load as well as the total power consumption of an EPS at 0 percent 
load. The measured efficiency levels at the loading points (i.e., 25 
percent through 100 percent) are averaged to determine the overall EPS 
conversion efficiency and measured against the Federal standard using 
an equation that outputs the minimum required efficiency based on the

[[Page 51430]]

nameplate output power of the EPS under consideration. However, some 
EPSs, like those used for radios and light-emitting diode (LED) 
applications, are designed to drive the output voltage to zero under 
specific loading conditions either to protect the EPS from damage, or 
overstress, or because the end-use application was never designed to 
operate in those states. Thus, it is not possible to measure the 
efficiency at these specific loading conditions. (This type of feature 
or technology is commonly referred to as ``output current-limiting'' or 
``current-limiting'' because of the device's actions to limit the 
output current to the connected device that the EPS serves.) Prior to 
the publication of the June 2011 test procedure final rule, DOE 
solicited comments from interested parties on how to test EPSs that 
utilize output current-limiting techniques at 100 percent load using 
the test procedure in Appendix Z. 75 FR 16958, 16973 (April 2, 2010). 
Based on the comments received, and to ensure that these types of EPSs 
could be tested for compliance with the federal standards, DOE amended 
section 4(a)(i) to allow manufacturers with products that utilize 
output current-limiting at 100 percent load to test affected individual 
units using active-mode efficiencies measured at 25 percent, 50 
percent, and 75 percent loads. 76 FR 31750, 31771 and 31782 (June 1, 
2011).
    However, as noted in the NOPR, DOE has become aware of other EPS 
designs which use hiccup protection at loading conditions under 100 
percent as a form of fault protection and reset. These EPSs will drive 
the output voltage down to zero to eliminate any power delivery when 
the end-use product demands less than a certain percentage of the 
nameplate output current. Once the output has been reduced to zero, the 
EPS will periodically check the output load conditions by momentarily 
reestablishing the nameplate output voltage and monitoring the 
resulting current draw. If the minimum output current is not reached 
during these periods, the output voltage is driven to zero again and 
the EPS output power drops to zero. Similar to EPSs that utilize output 
current-limiting at maximum load, these EPSs cannot be tested properly 
under the current DOE test procedure when testing at loading conditions 
where the hiccup protection is implemented.
    To quantify the active mode efficiency of these EPSs, DOE proposed 
to amend section 4(a)(i)(C) of Appendix Z (which includes a procedure 
to test those EPSs that list both an instantaneous and continuous 
output current) to require that in cases where an EPS cannot sustain 
output at one or more of the four loading conditions, these loading 
conditions should not be measured. Instead, for these EPSs, the average 
efficiency would be the average of the loading conditions for which it 
can sustain output. In addition to this provision, DOE proposed to 
define the ``average active mode efficiency'' of an EPS as the average 
of the active mode efficiencies recorded when an EPS is loaded at 100 
percent, 75 percent, 50 percent, and 25 percent of its nameplate output 
current. DOE believed that defining average active mode efficiency 
would assist manufacturers in preparing certification reports and 
provide additional clarity as to which metrics are considered for 
compliance with the federal standards. DOE sought comment on the 
benefits or burdens of representing the average active mode efficiency 
of these devices as the average of the efficiencies at the loading 
conditions that can be tested and on the proposed definition for 
average active mode efficiency.
    ITI and Schneider Electric both favored letting manufacturers of 
EPSs with hiccup protection test their products using only the loading 
conditions that can be tested. (ITI, No.10 at p.3; Schneider Electric, 
No.13 at p.3) However, PTI and AHAM disagreed with DOE's proposal over 
concerns that manufacturers would be punished for innovation and 
designing for overall energy savings. AHAM stated that current-limiting 
technologies are a well-developed feature of EPS design and could 
possibly deliver less power more efficiently at the loading conditions 
by entering states similar to hiccup protection. (AHAM, No.11 at p.3) 
PTI agreed with AHAM, stating that manufacturers should not be punished 
for finding methods of lowering power consumption and that DOE should 
take the issue under further study to fully understand the impact of 
the proposed changes (PTI, No.15 at p.2).
    The EPS test procedure was developed to apply to any EPS that is 
subject to Federal energy conservation standards. EPSs are regulated 
based on the power conversion efficiency at multiple loading points and 
the no-load power consumption. While DOE recognizes that EPS active 
mode efficiency is optimized based on the loading conditions expected 
by the end-use product, DOE's method of measuring efficiency across the 
entire loading spectrum ensures that the EPS efficiency is quantifiable 
and repeatable for all EPSs subject to the federal efficiency standards 
regardless of usage profiles. The fact that an EPS uses current-
limiting techniques at specific loading conditions means that the EPS 
cannot support such loading conditions and will instead revert to a 
lower power state when such load demands are required. This means that 
the state of operation when the current-limiting process is initiated 
is not representative of the EPS's ability to deliver the required 
loading point current to the end-use product. Accordingly, DOE believes 
that any efficiency measurements taken under these circumstances would 
not represent the actual conversion efficiency at the loading condition 
where current-limiting occurs and should therefore not be included in 
the average active mode efficiency. Additionally, DOE is aware of 
current-limiting techniques utilized in EPSs at only very high loads or 
lower loads relative to the EPS's nameplate output power. While EPS 
efficiency tends to decrease at these loading conditions, the 
conversion efficiency is typically the poorest at very low loads. When 
EPSs enter current-limiting, low power states, they deliver a much 
lower power to the end-use product and the conversion efficiency 
suffers. Therefore, excluding these measurements from the average 
active-mode efficiency metric would not impair innovation or other 
energy efficiency efforts because average active-mode efficiency would 
only include the efficiency at the loading conditions that can be 
sustained, and not include loading conditions that are represented by 
lower power, but decreased conversion efficiency. DOE also believes, 
contrary to AHAM and PTI's comments, that this will result in an 
advantage to manufacturers by requiring them to calculate average 
active-mode efficiency using only the higher efficiency measurements 
taken at the loading conditions that the EPS can sustain. As a result, 
DOE is codifying in this final rule its definition for average active 
mode efficiency as the average of the loading conditions (100 percent, 
75 percent, 50 percent, and 25 percent of its nameplate output current) 
for which the EPS can sustain the output current.

D. Power Factor

    As discussed in the NOPR, power factor is a relative measure of 
transmission losses between the power plant and an item plugged into AC 
mains (i.e., a wall outlet). The power factor of a given device is 
represented as a ratio of the active power delivered to the device 
relative to the combination of this reactive power and active power. An 
ideal load will have a power factor of 1, where all the power generated 
is delivered to the load as active power. For a given nameplate output 
power and

[[Page 51431]]

efficiency, products with a lower power factor cause greater power 
dissipation in the transmission wiring, an effect that also becomes 
more pronounced at higher input powers.
    DOE stated that power factor is a critical component in 
establishing the overall efficiency profile of EPSs. Most of the 
efficient power supplies available on the market today use switched-
mode topologies (i.e., power transfer circuits that use switching 
elements and electromagnetic fields to transmit power) that draw 
current in short spikes from the power grid. These current spikes can 
cause the voltage and current input waveforms of the EPS to be 
significantly out of phase, resulting in a low power factor and putting 
more stress on the power grid to deliver real power. While switched-
mode power supplies have served to dramatically improve the achievable 
efficiencies of EPSs, the fact that power factor had gone unexamined 
during their widespread adoption brought overall system efficiency into 
consideration. To help ascertain the power factor inputs, DOE proposed 
to collect power factor measurements at each loading condition through 
an optional provision within the test procedure but not to require its 
measurement or submission as part of a certification report. In DOE's 
view, this proposed change would increase testing flexibility while 
minimizing additional testing burden, as most modern power analyzers 
are capable of measuring true power factor. DOE sought comment on the 
inclusion of power factor measurements within the test procedure and 
the repeatability of such measurements.
    The CA IOUs and NRDC urged that power factor be measured at each 
loading condition because the power factor affects the overall system 
efficiency. Both also urged DOE to make power factor measurements 
mandatory for EPSs with a nameplate output power exceeding 50 watts. 
(CA IOUs, No.16 at p.3; NRDC, et al., No.18 at p.4) NRDC agreed with 
DOE's initial assessment that the additional burden placed on 
manufacturers would be minimal as most modern day power meters are 
capable of measuring true power factor and collecting such data would 
allow for a complete analysis of the impact of EPS power factor on 
energy consumption. (NRDC, et al., No.18 at p.4) Several stakeholders, 
however, disagreed with DOE's proposal to include optional power factor 
measurements at each loading condition.
    ITI and Schneider Electric both stated that they do not support 
measuring power factor below loads of 75 watts. (ITI, No.10 at p.3; 
Schneider, No.13 at p.3) ITI and Schneider questioned the value of 
measuring this value. They also noted that global criteria were 
available to measure power factor at ratings of 75 watts and higher. 
AHAM also suggested that DOE refrain from including power factor 
measurements and to instead focus on product efficiency, noting that 
without defined test parameters such as source impedance there cannot 
be meaningful and repeatable power factor measurements. (AHAM, No.11 at 
p.3) TIA expressed similar concerns, stating that expanding the rule 
beyond product efficiency to power distribution will only serve to 
increase stakeholder confusion when the emphasis of the test procedure 
should be focused on product efficiencies. (TIA, No.17 at p.3) PTI 
argued that power factor is outside the scope of the rulemaking to 
provide meaningful measures of energy efficiency. (PTI, No.15 at p.3)
    After carefully considering these comments, DOE has decided, at 
this time, not to adopt a voluntary provision to record power factor. 
As noted by several commenters and by DOE itself, see 79 FR at 61001, 
the efficiency impacts attributable to lower power factors are more 
pronounced in cases involving higher input powers. The availability of 
criteria for measuring power factors starting at 75 watts suggests that 
this power level may be an appropriate minimum power level at which to 
consider the impacts from power factor. However, DOE currently lacks 
sufficient data to make a fully informed decision on whether power 
factor measurements should be limited in this manner. Additionally, 
even though DOE presented its power factor proposal as a voluntary 
option, the benefits of the proposal are, at this time, unclear. In 
light of this situation, along with the significant questions raised by 
commenters, DOE is declining to adopt this aspect of its proposal. DOE 
may, however, continue to evaluate the merits of regulating power 
factor in future energy conservation efforts.

E. Adaptive EPSs

    In the test procedure NOPR, DOE described a new EPS technology that 
enables EPSs that connect to their end-use products via a universal 
serial bus (USB) to provide higher charging currents than specified in 
the USB standard by increasing the output voltage of the EPS in cases 
where the end-use product battery is severely depleted. This technology 
has the advantage of speeding the charging process and cutting the 
overall time needed to charge a product's battery. DOE noted that this 
faster charging was activated through communication lines between the 
charger and the charge control chip embedded in the end-use device. 
However, DOE stated that only certain products paired with the 
necessary chargers are able to communicate and have the EPS provide a 
higher charging current. The same chargers would not be able to reach 
the same charging current when paired with a device not capable of this 
communication.
    DOE proposed to refer to these types of EPSs as ``adaptive EPSs'' 
and to define them as single-voltage EPSs that can alter their output 
voltage during active mode based on an established communication 
protocol with the end-use application without any user-generated 
action. DOE believed that, due to the fluctuation in the output voltage 
of adaptive EPSs depending on the state of the end-use product, 
manufacturers might list multiple output voltages, multiple output 
currents, and/or multiple output powers to categorize all the potential 
states of the EPS, making the correct testing conditions difficult to 
discern within the existing DOE test procedure. To remove this 
potential ambiguity, DOE proposed that adaptive EPSs would be tested at 
both the highest and lowest achievable output voltages for loading 
conditions where output current is greater than 0% of the rated 
nameplate output current. For the 0% loading condition, or the no-load 
measurement condition, DOE proposed to add clarifying language stating 
that the EPS under test must be placed in no-load mode and any 
additional signal connections to the unit be disconnected prior to 
measuring input power. DOE believed that if the load was not 
disconnected from the EPS entirely, but instead, the current demand was 
decreased to zero electronically with the load still physically 
connected, that the output voltage may remain artificially high and 
impact the results of the no-load power measurement. The higher output 
voltage would not be representative of the voltage this EPS would 
operate under in no-load mode, because an adaptive EPS would only 
output a higher voltage when requested via the adaptive communication 
protocol. While this methodology was consistent with DOE's approach to 
testing switch-selectable EPSs, DOE sought input from stakeholders on 
its proposal and any additional proposals that may increase the 
accuracy of the test method.
    Several stakeholders commented on DOE's proposed definition of an 
adaptive EPS. Both the CA IOUs and ITI supported DOE's proposed 
definition of

[[Page 51432]]

an adaptive EPS. (CA IOUs, No.16 at p.2; ITI, No. 10 at p.4) However, 
Schneider Electric, AHAM, and PTI all stated that DOE's definition of 
an adaptive EPS was too broad and vague. (Schneider, No.13 at p.4; 
AHAM, No.11 at p.3, PTI, No.15 at p.2) Schneider claimed that it could 
not accurately identify any products that would qualify as adaptive 
EPSs based on DOE's proposed definition. (Schneider, No. 13 at p.4) 
Similarly, PTI urged DOE to refine the definition of adaptive EPSs to 
specify that the communication protocol is digital so as to avoid 
manufacturers classifying their products as adaptive EPSs due to 
regular and expected output voltage fluctuations. (PTI, No.15 at p.2)
    DOE is not aware of any existing adaptive EPS technology that 
relies on analog communication. Nonetheless, some stakeholders have 
urged DOE to provide further guidance as to what can be considered an 
adaptive EPS. To this end, DOE is clarifying its adaptive EPS 
definition by incorporating PTI's suggestion that the communication 
protocol used by adaptive EPSs is digital. Consequently, an adaptive 
EPS is an EPS that can alter its output voltage during active-mode 
based on an established digital communication protocol with the end-use 
application without any user-generated action. By specifying the use of 
digital communication, DOE seeks to remove any classification ambiguity 
related to the line and load fluctuations that are common with any 
power supply and help clarify the intended definition proposed in the 
NOPR.
    DOE also received feedback from stakeholders on its proposed 
approach to testing adaptive EPSs. While recognizing the limitations of 
the proposed approach, NRDC and the CA IOUs nevertheless supported 
DOE's proposed approach to test adaptive EPSs at the highest and lowest 
achievable output voltages. (NRDC, et al., No. 18 at p.6, CA IOUs, No. 
16 at p.2) However, the CA IOUs stated that DOE should test adaptive 
EPSs with and without the communication enabled at both the highest and 
lowest output voltage to establish the most accurate no-load power 
consumption metric. (CA IOUs, No.16 at p.2-3) AHAM, however, stated 
that EPSs should be tested at the nameplate rating regardless of 
whether they are adaptive EPSs and that the product classification 
should be decided by the manufacturer. AHAM also stated it was unclear 
whether the current procedure could not be performed on adaptive EPSs--
and if it could, in its view, there would be no reason to make a change 
for these EPSs. (AHAM, No.11 at p.3)
    Other stakeholders provided DOE with additional information 
concerning the likely nameplate markings of adaptive EPSs. Both 
Schneider Electric and ITI commented that adaptive EPSs should align 
with the IEC 60950 standard for safety of information technology 
equipment, which requires every output voltage to be listed along with 
the associated output current. (Schneider, No.13 at p.4; ITI, No.10 at 
p.4).
    DOE believes that any test procedure should be flexible enough to 
apply to several different design variations of one consumer product. 
Adaptive EPSs are unique among EPSs because of their ability to operate 
at one power level when communicating with certain consumer products 
but an inability to reach a similar operating point when used with 
other consumer products that lack the communication. The EPS test 
procedure should be able to capture the efficiencies at the various 
output conditions in which it will operate, which includes these two 
scenarios. DOE continues to believe that this could be performed by 
conducting the test twice at each loading condition--once at the 
highest achievable output voltage that is utilized while communicating 
with a load and once at the lowest achievable output voltage utilized 
during load communication. Due to the nature of EPS design, the points 
in between the highest and lowest output voltage will be no less 
efficient than either extreme.\5\ Additionally, DOE has been informed 
through conversations with manufacturers and through public comment 
submissions that manufacturers will list all the achievable output 
voltage and achievable output current combinations of adaptive EPSs on 
the nameplate in accordance with the IEC 60950 \6\ industry standard, 
making DOE's proposal practical to implement since the nameplate rating 
extremes will be used to determine the loading points for testing. 
Since manufacturers already include each output voltage on the 
nameplate, the highest and lowest achievable voltages will be included 
for adaptive EPSs and therefore technicians should be able to determine 
the appropriate test conditions.
---------------------------------------------------------------------------

    \5\ At higher output voltages, EPSs typically have greater 
efficiency due to a lower loss ratio of the fixed voltage drops in 
the conversion circuitry to the nominal output voltage. These losses 
do not increase linearly with output voltage, so higher output 
voltages typically provide greater conversion efficiency.
    \6\ IEC 60950 Ed. 2.2, Safety of information technology 
equipment, December 2005.
---------------------------------------------------------------------------

    The average active-mode efficiency will still be based on the 
average of the four loading conditions used to measure single-voltage 
efficiency. However, manufacturers of adaptive EPSs will generate two 
average active-mode efficiency metrics for each EPS--one based on the 
average of the efficiencies recorded at the lowest voltage achieved 
during the charging cycle and one based on the average of the 
efficiencies recorded at the highest voltage achieved during the 
charging cycle. This methodology will also allow DOE to maintain 
consistency with its testing approach for switch-selectable EPSs. 
Unlike switch-selectable EPSs, DOE will only require manufacturers of 
adaptive EPSs to certify their products with one no-load power 
measurement, as such EPSs operate at only one output voltage when in a 
no-load state.
    With respect to no-load mode, switch-selectable EPSs, by 
definition, can maintain several different output voltages when the 
end-use product is disconnected from the EPS. The exact output voltage 
is determined by the position of the switch on the EPS enclosure. The 
fact that the output voltage can change via a user-generated action 
means that the no-load power consumption at each output voltage can 
vary despite the fact that the power drawn from the mains is consumed 
by the EPS in the no-load state. For this reason, DOE requires 
manufacturers of switch-selectable EPSs to certify the no-load metric 
at the highest and lowest nameplate output voltage for these products.
    Adaptive EPSs, however, can only maintain higher voltages while 
communicating with the end-use product via a physical USB connection. 
During the no-load measurement, the EPS will be disconnected from any 
load and will, as a result, not be communicating with the end-use 
product. Placing the EPS into no-load mode will therefore yield a 
static output voltage such that one measurement will be sufficient to 
represent the actual power consumption of the EPS when disconnected 
from the load. DOE will amend section 429.37 to state that 
manufacturers will be required to submit average active-mode 
efficiencies at both the highest and lowest nameplate output voltage as 
well as a single no-load power measurement for adaptive EPSs.
    Stakeholders and interested parties also contributed a number of 
comments related to applicable standards for adaptive EPSs. NRDC and 
the CA IOUs both stated that adaptive EPSs should meet the applicable 
standards at both voltage conditions tested under DOE's test 
methodology. (NRDC, et al., No. 18 at p.6, CA IOUs, No.16 at p.3) 
However,

[[Page 51433]]

ITI stated that DOE needed to elaborate on the appropriate standard 
level equations that should be used to certify adaptive EPSs because 
the proposed language indicated that only basic voltage equations would 
apply, which may not always be the case for adaptive EPSs because of 
their fluctuating output voltage and current combinations. (ITI, No.10 
at p.5) Additionally, ITI commented that adaptive EPSs should not be 
subject to any federal efficiency standards to avoid stifling 
innovation. Instead, ITI recommended that DOE only focus on data 
collection for adaptive EPSs. (ITI, No. 10 at p.4)
    The ability of an adaptive EPS to alter its output voltage based on 
digital communication with an end-use product does not prevent an 
adaptive EPS from meeting the statutory definition of a Class A EPS as 
set by Congress in EISA 2007. Among other factors, a Class A EPS is 
able to convert to only 1 AC or DC output voltage at a time. Based on 
DOE's understanding of adaptive EPSs, while such EPSs can alter their 
output voltage, and/or current based on communications received from 
the end-use product, they still can only output one voltage at any 
given time. As such, DOE expects many adaptive EPSs to fall within the 
definition of a Class A EPS, and would therefore, be subject to the 
currently applicable standards for Class A EPSs. Manufacturers of Class 
A adaptive EPSs should be compliant and certify compliance with the 
Class A EPS standards by testing them according to the DOE test 
procedure. Similarly, these EPSs will be subject to the standards with 
which compliance in required in February 2016.

F. EPS Loading Points

    DOE currently requires that efficiency measurements be recorded by 
manufacturers at 0 percent, 25 percent, 50 percent, 75 percent, and 100 
percent of the nameplate output current load. See 10 CFR 430, Subpart 
B, Appendix Z. The last four metrics are ultimately averaged to 
determine the overall active mode efficiency of an EPS. While these 
measurements span the majority of an EPS's loading profile, consumer 
loads are increasingly utilizing standby modes to minimize power 
consumption during periods of inactivity, a development that has 
resulted in many EPSs spending more time in loading conditions below 25 
percent, where the EPS active mode efficiency tends to rapidly decrease 
due to the increase in the ratio of fixed losses to the output power. 
This decrease is due in large part to a higher loss ratio where the 
fixed losses represent a higher percentage of the overall power 
consumed when compared to the output power.
    To collect data on EPS efficiency and energy consumption at these 
lower loading points, DOE proposed to add an optional, loading 
condition at 10% the nameplate output current of the EPS under test to 
the test procedure in the NOPR. DOE cited research conducted by NRDC 
\7\ as well as the efforts of the European Union \8\ as the reasoning 
behind the inclusion of the additional loading point. However, as with 
the EU voluntary program, DOE stated that the additional measurement 
would not be factored into the average active mode efficiency metric 
used to certify EPSs with the federal efficiency standards. Instead, 
the measurement would serve as a stand-alone data point for DOE's 
consideration should it be provided by manufacturers in the 
certification reports. This proposed change would have had no impact on 
measuring compliance with the current energy conservation standards for 
Class A EPSs or the recently promulgated standards for direct operation 
EPSs that manufacturers must meet beginning in 2016. DOE felt that this 
minimally burdensome revision would increase the flexibility of the EPS 
test procedure should DOE decide to incorporate such a measurement into 
an efficiency standard in the future. DOE received several comments 
from stakeholders on this proposed additional measurement.
---------------------------------------------------------------------------

    \7\ NRDC: External Power Supplies--Additional Efficiency 
Opportunities, http://www.appliance-standards.org/sites/default/files/Next_Efficiency_Opportunities_for_External_Power_Supplies_NRDC.pdf.
    \8\ European Union: Code of Conduct on External Power Supplies 
Version 5 (available at http://iet.jrc.ec.europa.eu/energyefficiency/sites/energyefficiency/files/code_of_conduct_for_ps_version_5_-_draft_120919.pdf.
---------------------------------------------------------------------------

    The CA IOUs agreed that an additional measurement at 10% of the 
tested EPS's nameplate output power could be an important measurement 
when characterizing the energy consumption of EPSs and supported DOE's 
intention to exclude it from the average active mode efficiency metric. 
(CA IOUs, No.16 at p.2) In fact, both NRDC and the CA IOUs urged DOE to 
make the 10% measurement mandatory for all EPSs with a nameplate output 
power exceeding 50 watts in order to capture efficiency data for EPSs 
typically used with products that spend a significant portion of time 
in lower power modes such as laptops. (CA IOUs, No.16 at p.3; NRDC, et 
al., No.18 at p.3) However, several other stakeholders disagreed with 
DOE's proposed approach.
    ITI questioned the utility of including a 10% loading condition as 
an optional measurement, asserted that such a requirement would be 
burdensome without clearly being useful and noted that DOE should not 
expect to see significantly higher efficiency gains made at lower 
loads. ITI added that the inclusion of an additional 10% loading point 
does not more completely represent the achievable efficiencies of EPSs. 
(ITI, No.10 at p.5) ITI added that while the 10% loading point could 
represent achievable efficiencies for some EPSs in certain industries, 
it would not be universally applicable. See id. Schneider Electric 
agreed with ITI, stating that the 10% loading condition may more 
accurately capture the achievable efficiencies of EPSs in certain 
industries but not all. (Schneider, No.13 at p.5) PTI stated similarly 
that the currently-followed approach of averaging of the four loading 
conditions within the test procedure is already questionable because 
EPSs generally operate at higher loads and adding a 10% loading 
condition moves DOE further away from its intended goal of measuring 
EPS efficiency under typical usage. (PTI, No.15 at p.3) AHAM added that 
the inclusion of a 10% loading condition gives a low loading level the 
same weight as a much higher loading condition. (AHAM, No.11 at p.3) 
Lastly, TIA stated that DOE should not include an additional loading 
point measurement within the test procedure even in an optional 
capacity unless it has collected data that would support such a 
revision. (TIA, No.17 at p.3)
    After carefully considering these comments, DOE has re-evaluated 
its proposal to include an additional, optional active-mode efficiency 
measurement at 10% of an EPS's nameplate output power and is declining 
to include such a measurement in the test procedure at this time. While 
DOE does not believe this addition would have presented a significant 
burden to manufacturers, the fact that the measurement would have been 
optional leads DOE to believe that the likelihood of gathering 
substantial data on EPS efficiency at lower loads through voluntary 
additions to certification reports would be very low. Instead, DOE may 
opt to further evaluate the merits of recording additional loading 
point measurements prior to setting any future recording requirement at 
this or another level. As part of this effort, DOE may continue to 
evaluate any potential loading conditions that may better represent the 
total energy consumption of EPSs associated with various consumer 
products rather than focusing entirely

[[Page 51434]]

on the 10% loading condition. Should it conclude that significant 
energy savings may be possible by improving the active-mode conversion 
efficiency of additional loading points, DOE may revisit this issue in 
a future rulemaking.

G. Energy Conservation Standards

    After receiving several questions concerning the amended standards 
for EPSs issued on February 10, 2014, DOE proposed in the NOPR to amend 
10 CFR 430.32(w)(1)(iii) to include a clarifying table to more clearly 
identify which EPS standards apply based on whether the EPS is (1) a 
Class A or non-Class A EPS and (2) direct or indirect operation. As 
currently defined in DOE's regulations at 10 CFR 430.2, a ``direct 
operation EPS'' is an EPS that can operate a consumer product that is 
not a battery charger without the assistance of a battery, whereas an 
``indirect operation EPS'' is an EPS that cannot operate a consumer 
product (other than a battery charger) without the assistance of a 
battery. The applicable standards for each combination of these 
products can be seen in Table III-1 below.

    Table III-1--Applicable Standards of Class A and Non-Class A EPSs
------------------------------------------------------------------------
                                      Class A EPS       Non-Class A EPS
------------------------------------------------------------------------
Direct Operation EPS............  Level VI: 10 CFR    Level VI: 10 CFR
                                   430.32(w)(1)(ii).   430.32(w)(1)(ii).
Indirect Operation EPS..........  Level IV: 10 CFR    No Standards.
                                   430.32(w)(1)(i).
------------------------------------------------------------------------

    DOE intended the definitions of direct operation and indirect 
operation EPSs to be mutually exclusive and collectively exhaustive, so 
that any EPS would be either a direct or indirect operation EPS, but 
not both. The new regulations required that any direct-operation EPS 
(regardless of whether it was also a Class A EPS) would have to meet 
these new standards. Any indirect operation EPS would not be required 
to meet the new standards, but would still be required to comply with 
the Class A efficiency requirements if that EPS meets the definition of 
a Class A EPS. The Class A EPS definition is found in 42 U.S.C. 
6291(36). DOE also updated the International Efficiency Marking 
Protocol to add a new mark, ``VI,'' to indicate compliance with the new 
efficiency requirements established for direct operation EPSs. In order 
to assist manufacturers in determining which standards apply to their 
product, DOE proposed to add Table III-1 to 10 CFR 430.32(w)(1)(iii).
    NRDC supported DOE's clarification on which standards apply to 
which types of EPSs and the proposed revisions to the CFR. (NRDC et 
al., No.18 at p.2) There were no comments opposing the inclusion of the 
clarifying table. As such, DOE is amending 10 CFR 430.32(w)(1)(iii) to 
include Table III-1. Although DOE had intended the definitions of 
direct operation and indirect operation EPSs to be collectively 
exhaustive, DOE now believes that these terms may not adequately 
describe the full range of EPSs available. Nonetheless, Table 1 does 
accurately reflect the relationship between the new standards and 
classifications and the statutory standards and classifications. 
Additionally, since manufacturers must use the test procedure in 
Appendix Z to Subpart B of Part 430 when making any representation of 
the energy efficiency or energy consumption of an external power supply 
that is within the scope of the test procedure.
    DOE is also clarifying that only those external power supplies 
subject to the energy conservation standards fall within the scope of 
the test procedure. By excluding external power supplies that are not 
subject to standards from the scope of the test procedure, 
manufacturers of these EPSs will not have to use Appendix Z when making 
representations of the energy efficiency or energy consumption of those 
EPSs.
    In addition to the clarifications made in this final rule, DOE 
expects to address additional issues that were raised in the context of 
this rulemaking in a forthcoming notice of proposed rulemaking related 
to external power supplies.

H. Indirect Operation EPSs

    The NOPR discussed whether EPSs that power battery chargers 
contained in separate physical enclosures from their end-use products 
would be considered indirect operation EPSs under the proposed test 
procedure. 79 FR at 61005. DOE noted that a battery charger is 
considered a consumer product in and of itself, and DOE is currently 
undertaking a rulemaking to consider establishing efficiency standards 
for battery chargers. Because that rulemaking would encompass the 
efficiency of EPSs that power battery chargers, DOE has defined direct 
operation EPS to exclude such EPSs. See 10 CFR 430.2 (``Direct 
operation external power supply means an external power supply that can 
operate a consumer product that is not a battery charger without the 
assistance of a battery.''). An EPS that can only operate a battery 
charger in a separate physical enclosure from the end-use product, but 
not any other consumer product, is not a direct operation EPS, and 
would therefore, not be subject to the efficiency standards for direct 
operation EPSs. See 79 FR 7859, 7929. DOE proposed to modify the 
indirect operation EPS definition to clarify that EPSs that can only 
operate battery chargers contained in physical enclosures separate from 
the end-use products (but not other consumer products) are indirect 
operation EPSs. The proposed definition specified that an indirect 
operation EPS is an EPS that (1) cannot operate a consumer product 
(that is not a battery charger) without the assistance of a battery or 
(2) solely provides power to a battery charger that is contained in a 
separate physical enclosure from the end-use product. DOE received 
several stakeholder comments on the definition and determination 
methodology associated with indirect operation EPSs.
    NRDC and AHAM both supported DOE's revision to the definition of an 
indirect operation EPS. (NRDC, et al., No.18 at 2-3, AHAM, No.11 at 
p.3) AHAM also expressed concern, however, that the determination 
method for an indirect operation EPS is part of the definition rather 
than the EPS test procedure. (AHAM, No.11 at p.2) In its view, because 
determining whether an EPS is an indirect operation EPS involves 
testing, those steps should be moved to become part of the test 
procedure. PTI agreed with AHAM's assertion and stated that the 
determination method needs to be performed in the context of a test 
procedure that specifies equipment and environmental requirements. 
(PTI, No.15 at p.3)
    ITI disagreed with the proposed revision to the indirect operation 
EPS definition and suggested removing the clause, ``that is contained 
in a separate physical enclosure from the end-use product,'' from that 
revision. It also urged DOE to provide more clarity as to the meaning 
of ``operate a consumer product.'' According to ITI, a consumer product 
should operate by providing equivalent functionality when being

[[Page 51435]]

directly powered from an EPS as it would provide when being directly 
powered by a charged battery or batteries. (ITI, No.10 at p.6).
    The indirect operation determination method is not intended to test 
a product for energy consumption, but to place it into the appropriate 
product class for standards compliance and remains part of the indirect 
operation definition itself. Therefore, DOE does not believe that 
providing specific conditions is necessary for a determination method 
as opposed to a discrete test procedure. DOE does not see any 
compelling reason to move a determination of the applicability of the 
amended federal efficiency standards into the test procedure. 
Therefore, DOE intends to keep the determination of an indirect 
operation EPS outside the language of the test procedure.
    As has been discussed, an EPS that can only operate a battery 
charger, but not any other consumer product, may be regulated as part 
of the battery charger at a later date by separate efficiency standards 
for battery chargers. After consideration of the issues raised in ITI's 
comment, DOE believes that further consideration of how best to clarify 
the indirect operation external power supply definition is warranted. 
Accordingly, DOE plans to address the definition in a forthcoming 
notice of proposed rulemaking.
    In addition to proposed revisions to the indirect operation 
definition, DOE attempted to clarify some of the ambiguity regarding 
standards applicable to EPSs that can be used with multiple end-use 
applications, some of which are operated directly and others indirectly 
in the NOPR. See generally, 79 FR 60996. DOE stated that so long as an 
EPS can operate any consumer product directly, DOE considers it to be a 
direct operation EPS. If an EPS is shipped with a consumer product that 
the EPS can only operate indirectly, but that same EPS can also be used 
to directly operate another consumer product, DOE would still consider 
that EPS to be a direct operation EPS and subject to the applicable 
direct operation EPS efficiency standards.
    PTI commented that DOE's assertion that an EPS can only be indirect 
if it is incapable of powering any product directly is unreasonable 
because a manufacturer could in no way certify that the EPS associated 
with any end-use product might be used in another manner by a different 
manufacturer. (PTI, No.15 at p.3) AHAM similarly stated that 
manufacturers must not be held accountable for consumers using certain 
EPSs with other products they were never intended to be associated 
with. (AHAM, No.11 at p.2) ITI recommended that DOE resolve any 
confusion regarding the certification of products that could be used in 
multiple configurations by specifying that when an ``individual 
stakeholder'' sells an EPS in both configurations, the EPS should 
comply with the direct operation standards. (ITI, No.10 at p.6)
    DOE intended this proposal regarding indirect and direct operation 
EPSs to clarify the standards applicable to specific EPSs. In stating 
that so long as an EPS can operate any consumer product directly it is 
considered a direct operation EPS, DOE intended to refer to a 
manufacturer's distribution footprint and how its products may be 
deployed in the field. If, for example, a manufacturer uses one EPS 
design for a number of consumer products within a design family, and 
that EPS could be considered a direct operation EPS with one product 
and an indirect operation EPS with another product within that design 
family, then the EPS would need to meet the direct operation EPS 
standards. If the EPS is designed in a way that would make it only 
capable of operating certain types of products, and those products are 
operated exclusively indirectly, it would not be subject to the direct 
operation standards. Similarly, if an original equipment manufacturer 
(OEM) or an original design manufacturer (ODM) sells an EPS design to 
be used with other consumer products, the burden then falls on the EPS-
certifying manufacturer (typically importers) to understand the 
intended use of the EPS in the field and certify accordingly. Failure 
to submit a certification report as a direct operation EPS, however, is 
not determinative that an EPS is not a direct operation EPS.

I. EPSs for Solid State Lighting

    In the NOPR, DOE explained that certain components, commonly 
referred to as ``transformers'' or ``drivers'', that are used with 
solid state lighting (SSL) applications, would be subject to the Class 
A EPS energy conservation standards provided that they meet the 
statutory definition of a Class A EPS. This definition, as established 
by Congress in EISA 2007, provides six characteristics of a Class A 
EPS, all of which must be met in order for a device to be considered a 
Class A EPS. As discussed in the February 10, 2014 final rule, DOE 
determined that there were no technical differences between the EPSs 
that power certain SSL (including LED) products and those that are used 
with other end-use applications that would prevent an EPS used with SSL 
products from meeting the statutory definition of a Class A EPS. 79 FR 
7846. See also 79 FR at 61005-61006 (reiterating DOE's belief that 
``many drivers, or transformers, used for SSL applications would meet 
the definition of a Class A EPS and . . . be subject to the applicable 
energy conservation standards.'') As such, DOE believes that many 
drivers or transformers, such as LED drivers used for landscape 
lighting, lighting strings, portable luminaires, and other lighting 
applications, would meet all six characteristics of a Class A EPS and 
would therefore be subject to the applicable energy conservation 
standards. In the NOPR public meeting, DOE provided further guidance on 
how manufacturers should interpret the six characteristics of a Class A 
EPS as it relates to SSL applications.
    Specifically, DOE clarified at the public meeting that an EPS is 
designed to convert line voltage AC input into lower voltage AC or DC 
output and explained that because fluorescent ballasts output higher 
voltage AC waveforms than the line voltage input they receive, they 
would not be considered an EPS. See Transcript (Pub. Mtg. Transcript, 
No. 9 at p. 47-48). During the meeting, DOE also discussed that one of 
the Class A criteria is that the device must be contained in a separate 
physical enclosure from the end-use product. Because many LED drivers 
are contained inside the same housing as the luminaire itself, these 
devices would not be considered Class A EPSs because they are contained 
within the same physical enclosure of the end-use product.
    In response to the proposed rule, DOE received several comments on 
how to apply the statutory criteria for EPSs, particularly in the 
context of SSL drivers. The CA IOUs agreed that, with limited 
exceptions, drivers and transformers for SSL products meet the criteria 
to be considered within the scope of the rulemaking. (CA IOUs, No.16 at 
p.2) However, NEMA took issue with a number of aspects of DOE's 
approach regarding SSL products. It disagreed with DOE's conclusion 
that there are no technical differences between SSL drivers and other 
types of EPSs included within the scope of the revised EPS standards, 
citing such additional features as dimming functionality, network 
control, and light color control. (NEMA, No.14 at p.3) NEMA also 
commented that under certain interpretations of the rulemaking text, 
even the products DOE specifically listed as included within the EPS 
scope could be excluded. It requested that DOE revise its 
interpretation of a consumer product and provide concrete examples of 
covered and non-covered products to assist the lighting industry's

[[Page 51436]]

understanding of the scope of the rulemaking (NEMA, No.14 at p.3) NEMA 
further stated that many SSL/LED drivers are not sold with, or intended 
to be used with, a separate end-use product and, consequently, do not 
fall into the Class A EPS definition and should not be subject to 
regulation. Additionally, even if these products did meet the Class A 
definition, according to NEMA, DOE could not properly test SSL drivers 
under the existing DOE test procedure, even with the amendments 
proposed in the NOPR. (NEMA, No.14 at p.2)
    Lutron Electronics echoed many of NEMA's concerns, stating that the 
scope of the EPS rulemaking was unclear as it related to LED drivers 
and that DOE's assertion that LED drivers are technologically 
equivalent to other similarly rated EPSs that fall within the rule's 
scope was not based on any technical analysis. (Lutron, No.12 at p.2) 
Lutron also stated that DOE should follow the course of other standards 
development organizations and consider regulating LED drivers and 
lighting ballasts in a separate rulemaking from EPSs. Lutron claims 
that treating these products as regulated EPSs will eliminate certain 
SSL drivers with networking capabilities from the market because of the 
strict no-load standards required by the 2014 final rule. Lutron argued 
that eliminating this added utility will remove several smart energy 
management tools from buildings and result in higher overall energy 
consumption. Additionally, Lutron agreed with NEMA's statement that LED 
drivers should not be considered as part of the EPS rulemaking because 
they are not ``external'' to the luminaire they are powering. (Lutron, 
No.12 at p.3-4)
    Any device that meets the congressional definition of an EPS is a 
covered product that may be subject to energy conservation standards. 
(42 U.S.C. 6291(36)) Congress defined an EPS as ``an external power 
supply circuit that is used to convert household electric current into 
DC current or lower-voltage AC current to operate a consumer product.'' 
42 U.S.C. 6291(36)(A). While a device that meets the EPS definition is 
considered a covered product, only certain EPSs are currently subject 
to energy conservation standards. Specifically, Congress defined, and 
established energy conservation standards for, Class A EPSs. (42 U.S.C. 
6291(36)(C)(i)). DOE has no authority to alter the applicability of the 
Class A EPS standards as set forth by Congress.
    Whether a given product satisfies the applicable definition is 
assessed at the time a product is manufactured. For products imported 
into the U.S., this is the date of importation. See 42 U.S.C. 6291(10) 
(``The term `manufacture' means to manufacture, produce, assemble or 
import.'') Thus, although many LED drivers are sold to an end-user 
inside the same housing as a luminaire, an LED driver imported into the 
U.S. as a separate product, prior to being incorporated into a 
luminaire, is a Class A EPS at the time of its manufacture 
(importation), if it meets the other five criteria, because it would 
not yet be contained within the same physical enclosure as the end-use 
product. However, if any such LED driver were not able to convert 
household electric current into DC current or lower-voltage AC current 
at the time it is imported, it would not meet the definition of an EPS 
and, therefore, would not be subject to energy conservation standards.
    When determining whether an EPS meets the statutory definition of a 
Class A EPS, DOE evaluates whether all six characteristics are present 
in the device in question. While NEMA has brought forward several 
additional functionalities, such as dimming functionality, network 
control, and light color control, that may be used to distinguish one 
Class A EPS from another, any device that contains the six criteria of 
a Class A EPS would be subject to the Class A EPS energy conservation 
standards. Only the six characteristics of a Class A EPS, and not any 
additional technical functionality, are used by DOE to determine 
whether a device is considered a Class A EPS. As such, DOE expects some 
SSL drivers to fall within the definition of a Class A EPS and, 
consequently, are subject to the current Class A standards. Class A 
EPSs must meet the Class A EPS standards when tested using the DOE test 
procedure and sampling provisions. Similarly, these Class A EPSs will 
be subject to the standards with which compliance is required in 
February 2016. (See discussion regarding Table III-1.)
    Finally, in addressing stakeholder concerns that SSL drivers cannot 
be tested under the existing DOE test procedure when taking the no-load 
measurement of a hard-wired connection, DOE notes the test method 
states that the no-load measurement should be taken by cutting the cord 
adjacent to the end-use product and conducting the measurement probes 
at that point in section 4(a)(ii) of Appendix Z. As discussed in 
Section K, this language was previously incorporated by reference in 
Appendix Z by citing the CEC's ``Test Method for Calculating the Energy 
Efficiency of Single-Voltage External AC-DC and AC-AC Power Supplies 
(August 11, 2004)'', but will be adopted into Appendix Z as part of 
this final rule. Therefore, DOE's test method does, in fact, provide a 
clear method for testing no-load mode of hardwired connections.
    Nonetheless, DOE recognizes that EPSs may change over time as 
manufacturers add new features and update designs in order to compete 
for consumers. Acknowledging that innovation and product development 
may occasionally cause products to change in ways that either (1) make 
the results of a test procedure not representative of actual energy use 
or efficiency, or (2) make it impossible to test in accordance with the 
relevant test procedure, DOE considers petitions for waivers from test 
procedures under certain circumstances. Any interested party--typically 
a manufacturer--may submit a petition for a test procedure waiver for a 
basic model of a covered product if the basic model's design prevents 
it from being tested according to the test procedures, or if the test 
procedure yields materially inaccurate or unrepresentative energy use 
data. 10 CFR 430.27. To the extent that manufacturers wish to obtain a 
waiver from the EPS test procedure, manufacturers should petition DOE 
for a waiver and/or interim waiver. More information on the waiver 
process is available on the DOE Web site: http://energy.gov/eere/buildings/test-procedure-waivers.

J. Sampling Plan

    For certification and compliance, manufacturers are required to 
rate each basic model according to the sampling provisions specified in 
10 CFR part 429. In the NOPR, DOE explained that because the recent 
energy conservation standards apply to direct operation EPSs, which 
include both Class A and non-Class A EPSs, there is no longer a need to 
differentiate between Class A and non-Class A EPSs for the purposes of 
Part 429. See 79 FR at 61006. As a result, DOE proposed to amend Sec.  
429.37 so that the sampling plan would be applied to any EPS subject to 
energy conservation standards. DOE sought comment on this proposal to 
apply the sampling plan requirements to all EPSs subject to an energy 
conservation standard, regardless of whether they meet the Class A 
definition.
    AHAM agreed that there should not be differing class requirements 
between different types of EPSs and supported DOE's proposal to have 
one singular sampling plan for all products within the scope of the EPS 
standards. (AHAM, No.11 at p.3-4) The CA IOUs and NRDC

[[Page 51437]]

also agreed with DOE's proposal to unite all EPSs under the same 
sampling requirements that are currently outlined in the Class A EPS 
sampling plan in 429.37. (CA IOUs, No.16 at p.3; NRDC, et al., No. 18 
at p.2)
    ITI agreed that adopting one sampling plan may work for some but 
not all situations, citing the difference between DOE's sampling plans 
based on manufacturing volume and industry sampling plans. ITI 
recommended that DOE consider specific quality control documents 
typically used by industry to ensure an acceptable outgoing quality 
control level, optimize yield, and minimize cost. However, they did not 
outline specific instances where one sampling plan would be 
problematic. (ITI, No.10 at p.7)
    Based on the comments submitted by stakeholders, DOE has not found 
any technical reason that would prevent both Class A and non-Class A 
EPSs from being subject to the same sampling requirements. DOE's 
current Class A sampling requirements are consistent with the sampling 
plans of other consumer products. Therefore, DOE is amending 429.37 in 
this final rule to establish one sampling plan for EPSs.

K. Expanding Regulatory Text

    In the process of developing the EPS test procedure, DOE 
incorporated existing methodologies from a number of different standard 
setting organizations. For example, the single-voltage test procedure 
codified in Appendix Z references specific sections of the CEC's ``Test 
Method for Calculating the Energy Efficiency of Single-Voltage External 
AC-DC and AC-AC Power Supplies (August 11, 2004)'' to outline how the 
active mode efficiency and no-load mode power consumption tests should 
be performed. Within these sections, there are two additional 
references to standards developed by IEC \9\ and the Institute of 
Electrical and Electronics Engineers (IEEE)\10\. Therefore, technicians 
must reference four separate documents published by four independent 
organizations in order to properly perform the functions required by 
the EPS test procedure.
---------------------------------------------------------------------------

    \9\ IEC 62301 Ed. 1.0, Household electrical appliances--
Measurement of standby power, June 2005.
    \10\ IEEE Std 1515-2000, IEEE Recommended Practice for 
Electronic Power Subsystems: Parameter Definitions, Test Conditions, 
and Test Methods.
---------------------------------------------------------------------------

    In 2013, the Canadian Standards Association (CSA) recognized the 
confusion associated with referencing multiple documents and amended 
their EPS test procedure \11\ to incorporate the text from Appendix Z 
directly. Rather than keep the references to the CEC procedure found in 
Appendix Z, however, the CSA adopted the text from the specific 
sections referenced by the DOE procedure. After reviewing the revised 
CSA procedure, DOE found that the new text is identical to the test 
procedure in Appendix Z, but greatly enhances the clarity of Appendix Z 
by consolidated the referenced text within the test procedure itself. 
DOE believes that these efforts have reduced the burden on stakeholders 
and technicians since the text referenced from the CEC procedure can 
now be found within a single document. Stakeholders agreed with this 
determination within the comments submitted for the test procedure 
NOPR.
---------------------------------------------------------------------------

    \11\ CAN/CSA-C381.1, Test method for calculating the energy 
efficiency of single-voltage external ac-dc and ac-ac power 
supplies, (November 2008).
---------------------------------------------------------------------------

    AHAM specifically commented that the DOE and CSA procedures are 
identical and if DOE wished to incorporate any language by reference it 
would be more appropriate to do so from a document published by a 
standard setting organization rather than one developed by a government 
contractor. (AHAM, No.11 at p.2-3) Since then, DOE has evaluated the 
merits of referencing the CSA test procedure directly rather than 
continuing to revise the CEC text with additional exceptions and 
clarifications.
    After further consideration, DOE is instead electing to incorporate 
the text previously incorporated by reference from the CEC's ``Test 
Method for Calculating the Energy Efficiency of Single-Voltage External 
AC-DC and AC-AC Power Supplies (August 11, 2004)'' into Appendix Z of 
Subpart B to 10 CFR part 430. If DOE were to incorporate the CSA test 
procedure, it would still need to make certain clarifications based on 
the amendments adopted in this final rule, and the intent behind 
adopting one point of reference within the test procedure would be 
nullified. Technicians would still need to refer to multiple sources in 
order to follow the DOE EPS test procedure. Instead, DOE is adopting an 
approach identical to the one taken by the CSA during the 2013 revision 
of its test procedure such that multiple references can be consolidated 
into a single document. This approach will not alter the method used to 
determine the active mode efficiency or no-load power consumption in 
any way. Rather, it will directly insert the test methodology from the 
CEC test procedure into Appendix Z and eliminate the need for 
technicians to reference specific sections of that document. This 
revision will also allow DOE to modify the specific text within 
Appendix Z should the need arise in any future rulemakings rather than 
having to provide additional clarifications on the procedures detailed 
in the CEC test method.
    Any amendments DOE has codified within Appendix Z related to 
referenced CEC text will be incorporated into the language adopted in 
this final rule as well. For example, DOE will adopt nearly all of the 
text in the ``General Conditions for Measurement'' section of the CEC 
test procedure that was previously incorporated by reference, expect 
for those provisions in the section for which DOE had already codified 
exceptions. Specifically, this section of the CEC test procedure noted 
that EPSs are to be tested at both 115VAC, 60 Hz and 230VAC, 50 Hz. 
However, DOE codified language in the 2006 test procedure final rule 
that states that EPSs will only be tested at 115V, AC, 60Hz. So, 
although the text from this section is being adopted into Appendix Z as 
part of this final rule, DOE is modifying the specific language 
associated with the test voltages to align with the exceptions already 
codified in Appendix Z. All other similar instances are also reflected 
in the regulatory text. Since these clarifications to the referenced 
text were previously adopted for the EPS test procedure, the 
modifications to the text from the CEC procedure will not alter the way 
the test procedure is performed. DOE believes this approach will 
further reduce any confusion over the current EPS test procedure 
regulatory text, and is therefore adopting this approach as part of 
this final rule.

L. Effective Date and Compliance Date of Test Procedure

    The effective date for this test procedure is 30 days after 
publication in the Federal Register. At that time, the new metrics and 
any other measure of energy consumption relying on these metrics may be 
represented pursuant to the final rule. Consistent with 42 U.S.C. 
6293(c), energy consumption or efficiency representations by 
manufacturers must be based on the new test procedure and sampling 
plans starting 180 days after the date of publication of this test 
procedure final rule. Starting on that date, any such representations, 
including those made on marketing materials, Web sites (including 
qualification with a voluntary or State program), and product labels 
must be based on results generated using the final rule procedure

[[Page 51438]]

as well as the sampling plan in 10 CFR part 429.

IV. Procedural Issues and Regulatory Review

A. Review Under Executive Order 12866

    The Office of Management and Budget (OMB) has determined that test 
procedure rulemakings do not constitute ``significant regulatory 
actions'' under section 3(f) of Executive Order 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 the Office of 
Management and Budget (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 (IFRA) 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 Web site: http://energy.gov/gc/office-general-counsel.
    For manufacturers of EPSs, the Small Business Administration (SBA) 
has set a size threshold, which defines those entities classified as 
``small businesses'' for the purposes of the statute. DOE used the 
SBA's small business size standards to determine whether any small 
entities would be subject to the requirements of the rule. 65 FR 30836, 
30848 (May 15, 2000), as amended at 65 FR 53533, 53544 (Sept. 5, 2000) 
and codified at 13 CFR part 121. The size standards are listed by North 
American Industry Classification System (NAICS) code and industry 
description and are available at http://www.sba.gov/content/summary-size-standards-industry. EPS manufacturing is classified under NAICS 
335999, ``All Other Miscellaneous Electrical Equipment and Component 
Manufacturing.'' The SBA sets a threshold of 500 employees or less for 
an entity to be considered as a small business for this category.
    DOE reviewed the final rule under the provisions of the Regulatory 
Flexibility Act and the procedures and policies published on February 
19, 2003. This final rule prescribes certain limited clarifying 
amendments to an already-existing test procedure that will help 
manufacturers and testing laboratories to consistently conduct that 
procedure when measuring the energy efficiency of an EPS, including in 
those instances where compliance with the applicable Federal energy 
conservation is being assessed. DOE has concluded that the final rule 
will not have a significant impact on a substantial number of small 
entities.
    Although DOE initially believed that there were no domestic 
manufacturers of EPS who qualify as small businesses, DOE conducted a 
further review to update its assessment. DOE's most recent small 
business search continued to show that the majority of EPS 
manufacturers are foreign-owned and -operated companies. Of the few 
that are domestically-owned, most are larger companies with more than 
500 employees. DOE's most recent search again showed that there are no 
small, domestic manufacturers of EPSs. Even if small domestic 
manufacturers of EPSs existed in the U.S., the nature of the revisions 
to the EPS test procedure make it unlikely that these changes would 
have created any additional certification costs that would cause 
adverse impacts to those manufacturers. Therefore, there are no small 
business impacts to evaluate for purposes of the Regulatory Flexibility 
Act.
    In addition, DOE expects any potential impact from this final rule 
to be minimal. As noted earlier, DOE's EPS test procedure has existed 
since 2005 and the modest clarifications in the final rule are unlikely 
to create a burden on any manufacturers. These revisions harmonize the 
instrumentation resolution and uncertainty requirements with the second 
edition of the International Electrotechnical Commission (IEC) 62301 
standard when measuring standby power along with other international 
standards programs. They also clarify certain testing set-up 
requirements. These updates will not increase the testing burden on EPS 
manufacturers.
    For these reasons, DOE certifies that this final rule will not have 
a significant economic impact on a substantial number of small 
entities.

C. Review Under the Paperwork Reduction Act of 1995

    Manufacturers of EPSs must certify to DOE that their products 
comply with any applicable energy conservation standards. In certifying 
compliance, manufacturers must test their products according to the DOE 
test procedures for EPSs, 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 EPSs. See 10 CFR part 429, subpart B. 
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 30 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

    This rule amends the DOE test procedure for EPSs. 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, this rule amends an 
existing rule without affecting the amount, quality or distribution of 
energy usage, and, therefore, will not result in any environmental 
impacts. Thus, this rulemaking is covered by Categorical Exclusion A5 
under 10 CFR part 1021, subpart D, which applies to any rulemaking that 
interprets or amends an existing rule without changing the 
environmental effect of that rule.\12\ Accordingly, neither an 
environmental assessment nor an environmental impact statement is 
required.
---------------------------------------------------------------------------

    \12\ In its October 2014 proposal, DOE had inadvertently 
identified this exclusion as Category A6.
---------------------------------------------------------------------------

E. Review Under Executive Order 13132

    Executive Order 13132, ``Federalism,'' 64 FR 43255 (August 4, 
1999), imposes certain requirements on agencies formulating and 
implementing policies

[[Page 51439]]

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 examined this final rule and determined 
that it will 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 final 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.

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, 
this final 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 regulatory action resulting 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 http://energy.gov/gc/office-general-counsel. DOE examined this final 
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 final rule will 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 regulation will 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). DOE has 
reviewed this final 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 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 significant energy action, the 
agency must give a detailed statement of any adverse effects on energy 
supply, distribution, or use if the regulation is implemented, and of 
reasonable alternatives to the action and their expected benefits on 
energy supply, distribution, and use.
    This regulatory action 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,

[[Page 51440]]

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 commercial or industry standards on 
competition.
    This final rule incorporates testing methods contained in the 
following standard: IEC Standard 62301 ``Household electrical 
appliances--Measurement of standby power.'' It also incorporates a 
testing method developed by the State of California, section 1604(u)(1) 
of the CEC 2007 Appliance Efficiency Regulations. DOE has evaluated 
these testing standards and believes that the IEC standard was 
developed in a manner that fully provides for public participation, 
comment, and review. Additionally, DOE has consulted with the Attorney 
General and the Chairwoman of the FTC concerning the effect on 
competition of requiring manufacturers to use the test method in this 
standard and neither objected to its incorporation.

M. Description of Materials Incorporated by Reference

    In this final rule, DOE is updating the incorporation by reference 
of International Electrotechnical Commission (IEC) Standard 62301 
(``IEC 62301''), (Edition 2.0, 2011-01), Household electrical 
appliances--Measurement of standby power, to add it to Appendix Z. This 
testing standard is an industry accepted test procedure that sets a 
standardized method to follow when measuring the standby power of 
household and similar electrical appliances. Included within this 
testing standard are the details regarding test set-up, testing 
conditions, and stability requirements that are necessary to help 
ensure consistent and repeatable test results. Copies of this testing 
standard are readily available from the IEC at https://webstore.iec.ch/publication/6789 and also from the American National Standards 
Institute, 25 W. 43rd Street, 4th Floor, New York, NY 10036, (212) 642-
4900, or go to http://webstore.ansi.org.

N. Congressional Notification

    As required by 5 U.S.C. 801, DOE will report to Congress on the 
promulgation of this rule before its effective date. The report will 
state that it has been determined that the rule is not a ``major rule'' 
as defined by 5 U.S.C. 804(2).

V. Approval of the Office of the Secretary

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

List of Subjects

10 CFR Part 429

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

10 CFR Part 430

    Administrative practice and procedure, Confidential business 
information, Energy conservation, Household appliances, Imports, 
Incorporation by reference, Intergovernmental relations, Small 
businesses.

    Issued in Washington, DC, on August 17, 2015.
Kathleen B. Hogan,
Deputy Assistant Secretary for Energy Efficiency, Energy Efficiency and 
Renewable Energy.

    For the reasons stated in the preamble, DOE amends 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.


0
2. Section 429.37 is amended by revising the section heading, and 
paragraph (b)(2) to read as follows:


Sec.  429.37  External power supplies.

* * * * *
    (b) * * *
    (2) * * *
    (i) External power supplies: The average active mode efficiency as 
a percentage (%), no-load mode power consumption in watts (W), 
nameplate output power in watts (W), and, if missing from the 
nameplate, the output current in amperes (A) of the basic model or the 
output current in amperes (A) of the highest- and lowest-voltage models 
within the external power supply design family.
    (ii) Switch-selectable single-voltage external power supplies: The 
average active mode efficiency as a percentage (%) value, no-load mode 
power consumption in watts (W) using the lowest and highest selectable 
output voltages, nameplate output power in watts (W), and, if missing 
from the nameplate, the output current in amperes (A).
    (iii) Adaptive single-voltage external power supplies: The average 
active-mode efficiency as a percentage (%) at the highest and lowest 
nameplate output voltages, no-load mode power consumption in watts (W), 
nameplate output power in watts (W) at the highest and lowest nameplate 
output voltages, and, if missing from the nameplate, the output current 
in amperes (A) at the highest and lowest nameplate output voltages.
    (iv) External power supplies that are exempt from no-load mode 
requirements under Sec.  430.32(w)(1)(iii) of this chapter: A statement 
that the product is designed to be connected to a security or life 
safety alarm or surveillance system component, the average active-mode 
efficiency as a percentage (%), the nameplate output power in watts 
(W), and if missing from the nameplate, the certification report must 
also include the output current in amperes (A) of the basic model or 
the output current in amperes (A) of the highest- and lowest-voltage 
models within the external power supply design family.

PART 430--ENERGY CONSERVATION PROGRAM FOR CONSUMER PRODUCTS

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

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


0
4. Section 430.2 is amended by adding a definition for ``Adaptive 
external power supply (EPS)'' in alphabetical order to read as follows:


Sec.  430.2  Definitions.

* * * * *
    Adaptive external power supply (EPS) means an external power supply 
that can alter its output voltage during active-mode based on an 
established digital communication protocol with the

[[Page 51441]]

end-use application without any user-generated action.
* * * * *

0
5. Section 430.3 is amended by:
0
a. Removing paragraph (l);
0
b. Redesignating paragraphs (m) through (w) as paragraphs (l) through 
(v) respectively; and
0
c. Revising newly redesignated paragraph (p)(4) to read as follows:


Sec.  430.3  Materials incorporated by reference.

* * * * *
    (p) * * *
    (4) IEC 62301 (``IEC 62301''), Household electrical appliances--
Measurement of standby power, (Edition 2.0, 2011-01), IBR approved for 
appendices C1, D1, D2, G, H, I, J2, N, O, P, X, X1 and Z to subpart B.
* * * * *

0
6. Appendix Z to Subpart B of Part 430 is amended:
0
a. By adding introductory text to Appendix Z.
0
b. By revising section 1., Scope.
0
c. In section 2, Definitions, by:
0
i. Redesignating paragraphs f. through x. as paragraphs h. through z.; 
and
0
ii. Adding new paragraphs f. and g.
0
d. In section 3, Test Apparatus and General Instructions, by:
0
i. Revising paragraphs (a) and (b)(i)(A);
0
ii. Removing and reserving paragraph (b)(i)(B); and
0
iii. Removing paragraph (b)(i)(C).
0
e. In section 4, Test Measurement, by revising paragraphs (a)(i) and 
(ii).
    The revisions and additions read as follows:

Appendix Z to Subpart B of Part 430--Uniform Test Method for Measuring 
the Energy Consumption of External Power Supplies

    Starting on February 21, 2016, any representations made with 
respect to the energy use or efficiency of external power supplies must 
be made in accordance with the results of testing pursuant to this 
appendix. Prior to February 21, 2016, representations made with respect 
to the energy use or efficiency of external power supplies must be made 
in accordance with this appendix or Appendix Z as it appeared at 10 CFR 
part 430, subpart B, Appendix Z as contained in the 10 CFR parts 200 to 
499 edition revised as of January 1, 2015. Because representations must 
be made in accordance with tests conducted pursuant to this appendix as 
of February 21, 2016, manufacturers may wish to begin using this test 
procedure as soon as possible.
1. Scope.
    This appendix covers the test requirements used to measure the 
energy consumption of direct operation external power supplies and 
indirect operation Class A external power supplies subject to the 
energy conservation standards set forth at Sec.  430.32(w)(1).
2. Definitions
* * * * *
    f. Average Active-Mode Efficiency means the average of the loading 
conditions (100 percent, 75 percent, 50 percent, and 25 percent of its 
nameplate output current) for which it can sustain the output current.
    g. IEC 62301 means the test standard published by the International 
Electrotechnical Commission, titled ``Household electrical appliances--
Measurement of standby power,'' Publication 62301 (Edition 2.0 2011-01) 
(incorporated by reference; see Sec.  430.3).
* * * * *
3. Test Apparatus and General Instructions
    (a) Single-Voltage External Power Supply.
    (i) Any power measurements recorded, as well as any power 
measurement equipment utilized for testing, shall conform to the 
uncertainty and resolution requirements outlined in Section 4, 
``General conditions for measurements,'' as well as Annexes B, ``Notes 
on the measurement of low power modes,'' and D, ``Determination of 
uncertainty of measurement,'' of IEC 62301 (incorporated by reference; 
see Sec.  430.3).
    (ii) As is specified in IEC 62301 (incorporated by reference; see 
Sec.  430.3), the tests shall be carried out in a room that has an air 
speed close to the unit under test (UUT) of <=0.5 m/s. The ambient 
temperature shall be maintained at 20  5 [deg]C throughout 
the test. There shall be no intentional cooling of the UUT by use of 
separately powered fans, air conditioners, or heat sinks. The UUT shall 
be tested on a thermally non-conductive surface. Products intended for 
outdoor use may be tested at additional temperatures, provided those 
are in addition to the conditions specified above and are noted in a 
separate section on the test report.
    (iii) If the UUT is intended for operation on AC line-voltage input 
in the United States, it shall be tested at 115 V at 60 Hz. If the UUT 
is intended for operation on AC line-voltage input but cannot be 
operated at 115 V at 60 Hz, it shall not be tested. The input voltage 
shall be within 1 percent of the above specified voltage.
    (iv) The input voltage source must be capable of delivering at 
least 10 times the nameplate input power of the UUT as is specified in 
IEEE 1515-2000 (Referenced for guidance only, see Sec.  430.4). 
Regardless of the AC source type, the THD of the supply voltage when 
supplying the UUT in the specified mode must not exceed 2%, up to and 
including the 13th harmonic (as specified in IEC 62301). The peak value 
of the test voltage must be within 1.34 and 1.49 times its RMS value 
(as specified in IEC 62301 (incorporated by reference; see Sec.  
430.3)).
    (v) Select all leads used in the test set-up as specified in Table 
B.2-- ``Commonly used values for wire gages and related voltage drops'' 
in IEEE 15152000.
    (b) * * *
(i) Verifying Accuracy and Precision of Measuring Equipment
    (A) Any power measurements recorded, as well as any power 
measurement equipment utilized for testing, must conform to the 
uncertainty and resolution requirements outlined in Section 4, 
``General conditions for measurements'', as well as Annexes B, ``Notes 
on the measurement of low power modes'', and D, ``Determination of 
uncertainty of measurement'', of IEC 62301 (incorporated by reference; 
see Sec.  430.3).
    (B) [Reserved]
* * * * *
4. Test Measurement
    (a) * * *
(i) Standby Mode and Active-Mode Measurement.
    (A) Any built-in switch in the UUT controlling power flow to the AC 
input must be in the ``on'' position for this measurement, and note the 
existence of such a switch in the final test report. Test power 
supplies packaged for consumer use to power a product with the DC 
output cord supplied by the manufacturer. There are two options for 
connecting metering equipment to the output of this type of power 
supply: Cut the cord immediately adjacent to the DC output connector, 
or attach leads and measure the efficiency from the output connector 
itself. If the power supply is attached directly to the product that it 
is powering, cut the cord immediately adjacent to the powered product 
and connect DC measurement probes at that point. Any additional 
metering equipment such as voltmeters and/or ammeters used in 
conjunction with resistive or electronic loads must be

[[Page 51442]]

connected directly to the end of the output cable of the UUT. If the 
product has more than two output wires, including those that are 
necessary for controlling the product, the manufacturer must supply a 
connection diagram or test fixture that will allow the testing 
laboratory to put the unit under test into active-mode. Figure 1 
provides one illustration of how to set up an EPS for test; however, 
the actual test setup may vary pursuant to the requirements of this 
paragraph.
[GRAPHIC] [TIFF OMITTED] TR25AU15.001

    (B) External power supplies must be tested in their final, 
completed configuration in order to represent their measured efficiency 
on product labels or specification sheets. Although the same procedure 
may be used to test the efficiency of a bare circuit board power supply 
prior to its incorporation into a finished housing and the attachment 
of its DC output cord, the efficiency of the bare circuit board power 
supply may not be used to characterize the efficiency of the final 
product (once enclosed in a case and fitted with a DC output cord). For 
example, a power supply manufacturer or component manufacturer may wish 
to assess the efficiency of a design that it intends to provide to an 
OEM for incorporation into a finished external power supply, but these 
results may not be used to represent the efficiency of the finished 
external power supply.
    (C) All single voltage external AC-DC power supplies have a 
nameplate output current. This is the value used to determine the four 
active-mode load conditions and the no load condition required by this 
test procedure. The UUT shall be tested at the following load 
conditions:

                        Table 1--Loading Conditions for a Single-Voltage Unit Under Test
----------------------------------------------------------------------------------------------------------------
 
----------------------------------------------------------------------------------------------------------------
                                     Percentage of Nameplate Output Current
----------------------------------------------------------------------------------------------------------------
Load Condition 1...........................  100% of Nameplate Output Current 2%.
Load Condition 2...........................  75% of Nameplate Output Current 2%.
Load Condition 3...........................  50% of Nameplate Output Current 2%.
Load Condition 4...........................  25% of Nameplate Output Current 2%.
Load Condition 5...........................  0%.
----------------------------------------------------------------------------------------------------------------

    The 2% allowance is of nameplate output current, not of the 
calculated current value. For example, a UUT at Load Condition 3 may be 
tested in a range from 48% to 52% of rated output current. Additional 
load conditions may be selected at the technician's discretion, as 
described in IEEE 1515-2000 (Referenced for guidance only, see Sec.  
430.4), but are not required by this test procedure. For Loading 
Condition 5, place the UUT in no-load mode, disconnect any additional 
signal connections to the UUT, and measure input power.
    1. Where the external power supply lists both an instantaneous and 
continuous output current, test the external power supply at the 
continuous condition only.
    2. If an external power supply cannot sustain output at one or more 
of loading conditions 1-4 as specified in Table 1, test the external 
power supply only at the loading conditions for which it can sustain 
output. In these cases, the average active mode efficiency is the 
average of the loading conditions for which it can sustain the output.

[[Page 51443]]

    (D) Test switch-selectable single-voltage external power supplies 
twice--once at the highest nameplate output voltage and once at the 
lowest.
    (E) Test adaptive external power supplies twice--once at the 
highest achievable output voltage and once at the lowest.
    (F) In order to load the power supply to produce all four active-
mode load conditions, use a set of variable resistive or electronic 
loads. Although these loads may have different characteristics than the 
electronic loads power supplies are intended to power, they provide 
standardized and readily repeatable references for testing and product 
comparison. Note that resistive loads need not be measured precisely 
with an ohmmeter; simply adjust a variable resistor to the point where 
the ammeter confirms that the desired percentage of nameplate output 
current is flowing. For electronic loads, adjust the desired output 
current in constant current (CC) mode rather than adjusting the 
required output power in constant power (CP) mode.
    (G) As noted in IEC 62301 (incorporated by reference; see Sec.  
430.3), instantaneous measurements are appropriate when power readings 
are stable in a particular load condition. Operate the UUT at 100% of 
nameplate current output for at least 30 minutes immediately prior to 
conducting efficiency measurements. After this warm-up period, monitor 
AC input power for a period of 5 minutes to assess the stability of the 
UUT. If the power level does not drift by more than 5% from the maximum 
value observed, the UUT is considered stable and the measurements 
should be recorded at the end of the 5-minute period. Measure 
subsequent load conditions under the same 5-minute stability 
parameters. Note that only one warm-up period of 30 minutes is required 
for each UUT at the beginning of the test procedure. If the AC input 
power is not stable over a 5-minute period, follow the guidelines 
established by IEC 62301 for measuring average power or accumulated 
energy over time for both AC input and DC output. Conduct efficiency 
measurements in sequence from Load Condition 1 to Load Condition 5 as 
indicated in Table 1. If testing of additional, optional load 
conditions is desired, that testing should be conducted in accordance 
with this test procedure and subsequent to completing the sequence 
described above.
    (H) Calculate efficiency by dividing the UUT's measured DC output 
power at a given load condition by the true AC input power measured at 
that load condition. Calculate average efficiency as the arithmetic 
mean of the efficiency values calculated at Test Conditions 1, 2, 3, 
and 4 in Table 1, and record this value. Average efficiency for the UUT 
is a simple arithmetic average of active-mode efficiency values, and is 
not intended to represent weighted average efficiency, which would vary 
according to the duty cycle of the product powered by the UUT.
    (I) Power consumption of the UUT at each Load Condition 1-4 is the 
difference between the DC output power (W) at that Load Condition and 
the AC input power (W) at that Load Condition. The power consumption of 
Load Condition 5 (no load) is equal to the AC input power (W) at that 
Load Condition.
    (ii) Off-Mode Measurement--If the external power supply UUT 
incorporates manual on-off switches, place the UUT in off-mode, and 
measure and record its power consumption at ``Load Condition 5'' in 
Table 1. The measurement of the off-mode energy consumption must 
conform to the requirements specified in paragraph 4(a)(i) of this 
appendix, except that all manual on-off switches must be placed in the 
``off'' position for the off-mode measurement. The UUT is considered 
stable if, over 5 minutes with samples taken at least once every 
second, the AC input power does not drift from the maximum value 
observed by more than 1 percent or 50 milliwatts, whichever is greater. 
Measure the off-mode power consumption of a switch-selectable single-
voltage external power supply twice--once at the highest nameplate 
output voltage and once at the lowest.
* * * * *

0
7. Section 430.32 is amended by adding paragraph (w)(1)(iii) to read as 
follows:


Sec.  430.32  Energy and water conservation standards and their 
compliance dates.

    (w) * * *
    (1)* * *
    (iii) Except as provided in paragraphs (w)(5), (w)(6), and (w)(7) 
of this section, all external power supplies manufactured on or after 
February 10, 2016, shall meet the following standards:

----------------------------------------------------------------------------------------------------------------
                                              Class A EPS                        Non-Class A EPS
----------------------------------------------------------------------------------------------------------------
Direct Operation EPS.................  Level VI: 10 CFR          Level VI: 10 CFR 430.32(w)(1)(ii).
                                        430.32(w)(1)(ii).
Indirect Operation EPS...............  Level IV: 10 CFR          No Standards.
                                        430.32(w)(1)(i).
----------------------------------------------------------------------------------------------------------------

* * * * *
[FR Doc. 2015-20717 Filed 8-24-15; 8:45 am]
 BILLING CODE 6450-01-P



                                           51424             Federal Register / Vol. 80, No. 164 / Tuesday, August 25, 2015 / Rules and Regulations

                                           prepare a budgetary impact statement                    1207, and 1210, which was published at                buildings/appliance_standards/
                                           before promulgating a rule that includes                79 FR 75871 on December 19, 2014.                     product.aspx?productid=23. This Web
                                           any Federal mandate that may result in                    Dated: August 18, 2015.                             page will contain a link to the docket for
                                           the expenditure by State, local, and                    David S. Ferriero,
                                                                                                                                                         this document on the regulations.gov
                                           tribal governments, in the aggregate, or                                                                      site. The regulations.gov Web page will
                                                                                                   Archivist of the United States.
                                           by the private sector, of $100 million or                                                                     contain simple instructions on how to
                                           more in any one year. If a budgetary                    [FR Doc. 2015–21077 Filed 8–24–15; 8:45 am]           access all documents, including public
                                           impact statement is required, section                   BILLING CODE 7515–01–P                                comments, in the docket.
                                           205 of the Unfunded Mandates Act also                                                                            For further information on how to
                                           requires covered agencies to identify                                                                         review the docket, contact Ms. Brenda
                                           and consider a reasonable number of                     DEPARTMENT OF ENERGY                                  Edwards at (202) 586–2945 or by email:
                                           regulatory alternatives before                                                                                Brenda.Edwards@ee.doe.gov.
                                           promulgating a rule. OMB determined                     10 CFR Parts 429 and 430                              FOR FURTHER INFORMATION CONTACT:
                                           that the joint interim final rule will not              [Docket No. EERE–2014–BT–TP–0043]                     Direct requests for additional
                                           result in expenditures by State, local,                                                                       information may be sent to Mr. Jeremy
                                           and tribal governments, or by the                       RIN 1904–AD36
                                                                                                                                                         Dommu, U.S. Department of Energy,
                                           private sector, of $100 million or more                 Energy Conservation Program: Test                     Office of Energy Efficiency and
                                           in any one year. The same remains true                  Procedures for External Power                         Renewable Energy, Building
                                           for this final rule by NARA.                            Supplies                                              Technologies Office, EE–2J, 1000
                                           Accordingly, NARA has not prepared a                                                                          Independence Avenue SW.,
                                           budgetary impact statement or                           AGENCY:  Office of Energy Efficiency and              Washington, DC, 20585–0121.
                                           specifically addressed the regulatory                   Renewable Energy, Department of                       Telephone: (202) 586–9870.
                                           alternatives considered.                                Energy.                                                  Email: battery_chargers_and_
                                                                                                   ACTION: Final rule.                                   external_power_supplies@EE.Doe.Gov.
                                           Executive Order 13132 Determination                                                                              In the office of the General Counsel,
                                             OMB determined that the joint                         SUMMARY:    On October 9, 2014, the U.S.              contact Mr. Michael Kido, U.S.
                                           interim final rule did not have any                     Department of Energy (DOE) issued a                   Department of Energy, Office of the
                                           Federalism implications, as required by                 notice of proposed rulemaking (NOPR)                  General Counsel, GC–33, 1000
                                           Executive Order 13132. The same                         to amend the test procedure for External              Independence Avenue SW.,
                                           remains true for NARA’s final rule.                     Power Supplies (EPSs). That proposed                  Washington, DC, 20585–0121.
                                           List of Subjects                                        rulemaking serves as the basis for this               Telephone: (202) 586–8145. Email:
                                                                                                   final rule. The U.S. Department of                    Michael.Kido@hq.doe.gov.
                                           2 CFR Part 2600                                         Energy is issuing a final rule amending               SUPPLEMENTARY INFORMATION:
                                             Accounting, Administrative practice                   its test procedure for external power
                                                                                                   supplies. These changes, which will not               Table of Contents
                                           and procedure, Appeal procedures,
                                           Auditing, Audit requirements, Colleges                  affect the measured energy use, will                  I. Authority and Background
                                           and universities, Cost principles, Grant                harmonize the instrumentation                            A. General Test Procedure Rulemaking
                                                                                                   resolution and uncertainty requirements                     Process
                                           administration, Grant programs,                                                                               II. Synopsis of the Final Rule
                                           Hospitals, Intergovernmental relations,                 with the second edition of the
                                                                                                                                                         III. Discussion
                                           Nonprofit organizations, Reporting and                  International Electrotechnical                           A. Measurement Accuracy and Precision
                                           recordkeeping requirements, Research                    Commission (IEC) 62301 standard when                     B. Test Set-up
                                           misconduct, Small business, State and                   measuring standby power along with                       C. EPSs with Current Limits
                                           local governments, Tribal governments.                  other international standards programs,                  D. Power Factor
                                                                                                   and clarify certain testing set-up                       E. Adaptive EPSs
                                           36 CFR Part 1206                                        requirements. This final rule also                       F. EPS Loading Points
                                             Archives and records, Grant                           clarifies which products are subject to                  G. Energy Conservation Standards
                                                                                                                                                            H. Indirect Operation EPSs
                                           programs—education, Reporting and                       energy conservation standards.                           I. EPSs for Solid State Lighting
                                           recordkeeping requirements.                             DATES: The effective date of this rule is                J. Sampling Plan
                                           36 CFR Part 1207                                        September 24, 2015.                                      K. Expanding Regulatory Text
                                                                                                      The incorporation by reference of                     L. Effective Date and Compliance Date of
                                             Accounting, Archives and records,                     certain publications listed in this rule                    Test Procedure
                                           Audit requirements, Grant                               was approved by the Director of the                   IV. Procedural Issues and Regulatory Review
                                           administration, Grant programs,                                                                                  A. Review Under Executive Order 12866
                                                                                                   Federal Register as of September 24,                     B. Review Under the Regulatory Flexibility
                                           Reporting and recordkeeping                             2015.
                                           requirements, State and local                                                                                       Act
                                                                                                   ADDRESSES:    The docket, which includes                 C. Review Under the Paperwork Reduction
                                           governments.                                                                                                        Act of 1995
                                                                                                   Federal Register notices, public meeting
                                           36 CFR Part 1210                                                                                                 D. Review Under the National
                                                                                                   attendee lists and transcripts,                             Environmental Policy Act of 1969
                                             Accounting, Archives and records,                     comments, and other supporting                           E. Review Under Executive Order 13132
                                           Audit requirements, Colleges and                        documents/materials, is available for                    F. Review Under Executive Order 12988
                                           universities, Grant administration, Grant               review at regulations.gov. All                           G. Review Under the Unfunded Mandates
                                           programs, Nonprofit organizations,                      documents in the docket are listed in                       Reform Act of 1995
                                           Reporting and recordkeeping                             the regulations.gov index. However,                      H. Review Under the Treasury and General
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                                           requirements.                                           some documents listed in the index,                         Government Appropriations Act, 1999
                                             Accordingly, under the authority in                                                                            I. Review Under Executive Order 12630
                                                                                                   such as those containing information
                                                                                                                                                            J. Review Under Treasury and General
                                           44 U.S.C. 2104(a); 44 U.S.C. 2501–2506;                 that is exempt from public disclosure,                      Government Appropriations Act, 2001
                                           and 2 CFR 200, NARA adopts as a final                   may not be publicly available.                           K. Review Under Executive Order 13211
                                           rule without change the interim rule                       A link to the docket Web page can be                  L. Review Under Section 32 of the Federal
                                           amending 2 CFR 2600, 36 CFR 1206,                       found at: http://www1.eere.energy.gov/                      Energy Administration Act of 1974



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                                                             Federal Register / Vol. 80, No. 164 / Tuesday, August 25, 2015 / Rules and Regulations                                                    51425

                                             M. Description of Materials Incorporated              energy efficiency of any covered                         AC] to only 1 AC or DC output voltage
                                               by Reference                                        product as determined under the                          at a time’’ and have ‘‘nameplate output
                                             N. Congressional Notification                         existing test procedure. (42 U.S.C.                      power that is less than or equal to 250
                                           V. Approval of the Office of the Secretary              6293(e)(1))                                              watts.’’ (42 U.S.C. 6291(36)(C)(i)) As
                                           I. Authority and Background                                Section 135 of the Energy Policy Act                  part of these amendments, EISA 2007
                                                                                                   of 2005 (EPACT 2005), Public Law 109–                    prescribed minimum standards for these
                                              Title III of the Energy Policy and
                                                                                                   58 (Aug. 8, 2005), amended sections 321                  products and directed DOE to publish a
                                           Conservation Act of 1975 (42 U.S.C.
                                                                                                   and 325 of EPCA by adding certain                        final rule by July 1, 2011, to determine
                                           6291, et seq.; ‘‘EPCA’’ or, in context,
                                                                                                   provisions related to external power                     whether to amend these standards. See
                                           ‘‘the Act’’) sets forth a variety of
                                                                                                   supplies (EPSs). Among these                             42 U.S.C. 6295(u)(3)(A) and (D).
                                           provisions designed to improve energy                                                                               Section 310 of EISA 2007 amended
                                                                                                   provisions were new definitions
                                           efficiency. (All references to EPCA refer                                                                        section 325 of EPCA by defining the
                                                                                                   defining what constitutes an EPS and a
                                           to the statute as amended through the                                                                            terms ‘‘active mode,’’ ‘‘standby mode,’’
                                                                                                   requirement that DOE prescribe
                                           Energy Efficiency Improvement Act of                                                                             and ‘‘off mode.’’ Each of these modes
                                                                                                   ‘‘definitions and test procedures for the
                                           2015—Public Law 114–11 (April 30,                                                                                corresponds to the operational status of
                                                                                                   power use of battery chargers and
                                           2015). Part B of title III, which for                                                                            a given product—i.e., whether it is (1)
                                                                                                   external power supplies.’’ (42 U.S.C.
                                           editorial reasons was re-designated as                                                                           plugged into AC mains and switched
                                                                                                   6295(u)(1)(A)) DOE complied with this
                                           Part A upon incorporation into the U.S.                                                                          ‘‘on’’ and performing its intended
                                                                                                   requirement by publishing a test
                                           Code (42 U.S.C. 6291–6309, as codified),                                                                         function, (2) plugged in but not
                                                                                                   procedure final rule that, among other
                                           establishes the ‘‘Energy Conservation                                                                            performing its intended function (i.e.,
                                                                                                   things, established a new Appendix Z to
                                           Program for Consumer Products Other                                                                              simply standing by to be operated), or
                                                                                                   address the testing of EPSs to measure
                                           Than Automobiles.’’ External power                                                                               (3) plugged in, but switched ‘‘off,’’ if a
                                                                                                   their energy efficiency and power
                                           supplies are among the products                                                                                  manual on-off switch is present. Section
                                                                                                   consumption. See 71 FR 71340 (Dec. 8,
                                           affected by these provisions.                                                                                    310 also required DOE to amend its test
                                                                                                   2006) (codified at 10 CFR part 430,
                                              Under EPCA, the energy conservation                                                                           procedure to ensure that standby and off
                                                                                                   subpart B, Appendix Z ‘‘Uniform Test
                                           program consists essentially of four                                                                             mode energy consumption are
                                                                                                   Method for Measuring the Energy
                                           parts: (1) Testing, (2) labeling, (3)                                                                            measured. It also authorized DOE to
                                                                                                   Consumption of External Power
                                           Federal energy conservation standards,                                                                           amend, by rule, any of the definitions
                                                                                                   Supplies’’).
                                           and (4) certification and enforcement                                                                            for active, standby, and off mode as long
                                                                                                      Congress further amended EPCA’s
                                           procedures. The testing requirements                                                                             as the DOE considers the most current
                                                                                                   EPS provisions through its enactment of
                                           consist of test procedures that                                                                                  versions of Standards 62301
                                                                                                   the Energy Independence and Security
                                           manufacturers of covered products must                                                                           (‘‘Household Electrical Appliances—
                                                                                                   Act of 2007 (EISA 2007), Public Law
                                           use as the basis for (1) certifying to DOE                                                                       Measurement of Standby Power’’) and
                                                                                                   110–140 (Dec. 19, 2007). That law
                                           that their products comply with the                                                                              62087 (‘‘Methods of Measurement for
                                                                                                   amended sections 321, 323, and 325 of
                                           applicable energy conservation                                                                                   the Power Consumption of Audio,
                                                                                                   EPCA. These changes are noted below.
                                           standards adopted under EPCA, and (2)                      Section 301 of EISA 2007 amended                      Video and Related Equipment’’) of the
                                           making representations about the                        section 321 of EPCA by modifying the                     International Electrotechnical
                                           efficiency of those products. Similarly,                EPS-related definitions found in 42                      Commission (IEC). See 42 U.S.C.
                                           DOE must use these test procedures to                   U.S.C. 6291. While EPACT 2005 defined                    6295(gg)(2)(A) (incorporating EISA 2007
                                           determine whether the products comply                   an EPS as ‘‘an external power supply                     amendments related to standby and off
                                           with any relevant standards                             circuit that is used to convert household                mode energy). Consistent with these
                                           promulgated under EPCA.                                 electric current into DC current or                      provisions, DOE issued a final rule that
                                           A. General Test Procedure Rulemaking                    lower-voltage AC current to operate a                    defined and added these terms and
                                           Process                                                 consumer product,’’ 1 42 U.S.C.                          definitions to 10 CFR part 430, subpart
                                                                                                   6291(36)(A), Section 301 of EISA 2007                    B, Appendix Z (‘‘Appendix Z’’). See 74
                                              Under 42 U.S.C. 6293, EPCA sets forth
                                                                                                   further amended this definition by                       FR 13318 (March 27, 2009).
                                           the criteria and procedures DOE follows                                                                             DOE further amended Appendix Z by
                                           when prescribing or amending test                       creating a subset of EPSs called Class A
                                                                                                   External Power Supplies. EISA 2007                       adding a test method for multiple-
                                           procedures for covered products. EPCA                                                                            voltage EPSs, 76 FR 31750 (June 1,
                                           provides in relevant part that any test                 defined this subset of products as those
                                                                                                   EPSs that, in addition to meeting several                2011). The amendments also revised the
                                           procedures prescribed or amended                                                                                 definition of ‘‘active power’’ and
                                           under this section shall be reasonably                  other requirements common to all
                                                                                                   EPSs,2 are ‘‘able to convert [line voltage               clarified how to test an EPS that has a
                                           designed to produce test results that                                                                            current-limiting function, that can
                                           measure the energy efficiency, energy                      1 The terms ‘‘AC’’ and ‘‘DC’’ refer to the polarity   communicate with its load, or that
                                           use, or estimated annual operating cost                 (i.e., direction) and amplitude of current and           combines the current-limiting function
                                           of a covered product during a                           voltage associated with electrical power. For
                                                                                                                                                            with the ability to communicate with a
                                           representative average use cycle or                     example, a household wall socket supplies
                                                                                                   alternating current (AC), which varies in amplitude      load. A current-limited EPS is one that
                                           period of use and shall not be unduly                   and reverses polarity. In contrast, a battery or solar   can significantly lower its output
                                           burdensome to conduct. (42 U.S.C.                       cell supplies direct current (DC), which is constant     voltage once an internal output current
                                           6293(b)(3))                                             in both amplitude and polarity.
                                                                                                                                                            limit has been exceeded, while an EPS
                                              In addition, when DOE determines                        2 The full EISA 2007 definition of a class A
                                                                                                                                                            that communicates with its load refers
                                           that a test procedure requires amending,                external power supply includes a device that ‘‘(I)
                                                                                                   is designed to convert line voltage AC input into        to an EPS’s ability to identify or
                                           it publishes a notice with the proposed
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                                                                                                   lower voltage AC or DC output; (II) is able to           otherwise exchange information with its
                                           changes and offers the public an                        convert to only 1 AC or DC output voltage at a time;     load (i.e., the end-use product to which
                                           opportunity to comment on the                           (III) is sold with, or intended to be used with, a
                                                                                                                                                            it is connected). These revisions were
                                           proposal. (42 U.S.C. 6293(b)(2)) As part                separate end-use product that constitutes the
                                                                                                   primary load; (IV) is contained in a separate
                                           of this process, DOE determines the                     physical enclosure from the end-use product; (V) is      cable, cord, or other wiring; and (VI) has nameplate
                                           extent to which, if any, the proposed                   connected to the end-use product via a removable         output power that is less than or equal to 250
                                           test procedure would alter the measured                 or hard-wired male/female electrical connection,         watts.’’ (42 U.S.C. 6291(36)(C)(i))



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                                           51426                  Federal Register / Vol. 80, No. 164 / Tuesday, August 25, 2015 / Rules and Regulations

                                           necessary to provide manufacturers                                     up questions and requests for                                            within the scope of the standards under
                                           with sufficient clarity on how to                                      clarification regarding the testing of                                   a single sampling plan rather than
                                           conduct the test and determine the                                     EPSs. To address these issues, DOE                                       maintaining separate sampling plans for
                                           measured energy use for these types of                                 published a test procedure NOPR on                                       Class A EPSs and non-Class A EPSs.
                                           EPSs.                                                                  October 9, 2014, which proposed                                             Upon stakeholder request, DOE held a
                                              After releasing a preliminary analysis                              amending the EPS test procedure to                                       public meeting on November 21, 2014,
                                           and issuing a proposed set of energy                                   ensure sufficient clarity regarding EPS                                  to discuss these proposed changes to the
                                           conservation standards, DOE published                                  testing and certification. 79 FR 60996.                                  EPS test procedure. Prior to that
                                           a final rule prescribing new standards                                 As part of the proposed rule, DOE                                        meeting, DOE extended the initial
                                           for non-Class A EPSs and amended                                       outlined certain clarifications to                                       deadline for submitting comments. See
                                           standards for some Class A EPSs. See 79                                Appendix Z to eliminate any testing                                      79 FR 65351 (Nov. 4, 2014). DOE noted
                                           FR 7845 (Feb. 20, 2014). EPSs                                          ambiguity when measuring the                                             this change at the public meeting. DOE
                                           manufactured on or after February 10,                                  efficiency of an EPS. DOE also proposed                                  analyzed all of the comments received
                                           2016 must comply with these standards;                                 to include additional, but optional,                                     in response to the October 2014 test
                                           for products built outside the U.S., EPSs                              measurements within Appendix Z                                           procedure NOPR from the list of
                                           imported on or after February 10, 2016,                                concerning EPS power factor and other                                    commenters in Table I–1 and
                                           must comply with the new standards.3                                   loading points outside those previously                                  incorporated recommendations, where
                                              Following the publication of these                                  codified in the CFR. Lastly, DOE                                         appropriate, into this test procedure
                                           standards, DOE received many follow-                                   expressed its intent to consider all EPSs                                final rule.

                                                                                                                      TABLE I–1—LIST OF COMMENTERS
                                                                                      Organization                                                                       Abbreviation                                    Organization type

                                           Association of Home Appliance Manufacturers .........................................                       AHAM ..............................................        Industry Trade Association.
                                           California Investor-Owned Utilities .............................................................           CA IOUs ..........................................         Utilities.
                                           Information Technology Industry Council ..................................................                  ITI ....................................................   Industry Trade Association.
                                           Lutron Electronics ......................................................................................   Lutron ..............................................      Manufacturer.
                                           National Electrical Manufacturers Association ..........................................                    NEMA ..............................................        Industry Trade Association.
                                           NRDC, ACEEE, ASAP ...............................................................................           NRDC, et al .....................................          Energy Efficiency Advocates.
                                           Power Tool Institute, Inc ............................................................................      PTI ...................................................    Industry Trade Association.
                                           Schneider Electric ......................................................................................   Schneider Electric ...........................             Manufacturer.
                                           Telecommunications Industry Association .................................................                   TIA ...................................................    Industry Trade Association.
                                           Wahl Clipper Corporation ..........................................................................         Wahl Clipper ....................................          Manufacturer.



                                           II. Synopsis of the Final Rule                                         not affect the measured energy use of                                    metric. Instead, the average active mode
                                                                                                                  these products. Instead, they will clarify                               efficiency will be determined by
                                             This final rule amends the DOE test                                  the manner in which to test for                                          averaging the efficiency results at each
                                           procedure for EPSs. The amendments                                     compliance with the EPS energy                                           of the loading conditions that can be
                                           are based on the proposed changes in                                   conservation standards.                                                  measured.
                                           the test procedure NOPR. While DOE is                                    First, this final rule harmonizes DOE’s
                                           adopting many of the proposals from the                                                                                                            Fourth, this final rule defines and
                                                                                                                  test procedure with the latest version of                                clarifies how to test adaptive EPSs (also
                                           NOPR, some of the proposed                                             IEC 62301 by providing specific
                                           amendments have been removed from                                                                                                               referred to as ‘‘adaptive-charging,’’
                                                                                                                  resolution and measurement tolerances.
                                           consideration or modified based on                                                                                                              ‘‘smart-charging,’’ or ‘‘quick-charging’’
                                                                                                                  These specifications will help to ensure
                                           stakeholder feedback. As indicated in                                                                                                           EPSs). Because these types of EPSs were
                                                                                                                  that testing is performed with
                                           greater detail below, these amendments                                                                                                          not considered when the current test
                                                                                                                  equipment that is capable of reaching
                                           clarify the current procedure in                                                                                                                procedure was first adopted, Appendix
                                                                                                                  these tolerances and that the resulting
                                           Appendix Z and the definitions set forth                                                                                                        Z did not explicitly address the unique
                                                                                                                  measurements are consistent.
                                           in 10 CFR 430.2, as well as update the                                   Second, DOE is outlining the testing                                   characteristics of these types of EPSs to
                                           materials incorporated by reference in                                 configurations that can be used to avoid                                 ensure reproducible and repeatable
                                           10 CFR 430.3. This rule also amends 10                                 potential losses caused by testing cables.                               results. This final rule makes certain
                                           CFR 430.32(w) by inserting a table to                                  Appendix Z currently does not clearly                                    clarifications to address these products
                                           more clearly identify applicable EPS                                   outline how multiple measurement                                         by providing a standardized method for
                                           standards based on whether the EPS is                                  devices that operate simultaneously                                      all manufacturers and testing
                                           (1) a Class A or non-Class A EPS and (2)                               should be connected to a unit under test                                 laboratories to follow when testing an
                                           direct or indirect operation. These                                    (UUT). These changes remove the                                          adaptive EPS.
                                           minor amendments will eliminate any                                    potential for electrical energy losses in                                   Fifth, DOE is including a table within
                                           potential ambiguity contained in the test                              the measurement cables and help ensure                                   10 CFR 430.32 (‘‘Energy and water
                                           procedure and clarify the regulatory text                              accurate and repeatable results.                                         conservation standards and their
                                           to ensure that regulated entities fully                                  Third, DOE is clarifying that when                                     compliance dates’’) that clearly outlines
                                           understand the long-standing views and                                 testing an EPS that is incapable of being                                which sets of standards apply to which
                                           interpretations of DOE with respect to                                 tested at one or more of the loading                                     EPS classes. The inclusion of the table
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                                           the application and implementation of                                  conditions used to calculate the average                                 is again meant to provide clarity to
                                           the test procedure and the scope of the                                active mode efficiency, such conditions                                  manufacturers who are trying to
                                           EPS standards. These amendments will                                   will be omitted when calculating this                                    determine the applicable standards.
                                             3 Generally, a covered product must comply with                      product is manufactured. For products imported                           42 U.S.C. 6291(10) (‘‘The term ‘manufacture’ means
                                           the relevant standard in effect as of the date the                     into the U.S., this is the date of importation. See                      to manufacture, produce, assemble or import.’’)



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                                                                  Federal Register / Vol. 80, No. 164 / Tuesday, August 25, 2015 / Rules and Regulations                                                                    51427

                                              Sixth, DOE is adopting the same                                   reserved a second sampling plan for                                AC Power Supplies’’ into Appendix Z.
                                           sampling plan that is already in place                               non-Class A EPSs. By adopting a single                             This document is already incorporated
                                           for Class A EPSs for those EPSs that will                            sampling plan that applies to all EPSs                             by reference in the current language of
                                           be subject to standards for the first time                           in this final rule, DOE is creating a                              Appendix Z. DOE believes that by
                                           in 2016. These revisions consolidate all                             single, statistically sufficient approach                          adopting the referenced text directly, it
                                           EPSs that are subject to standards under                             for ensuring that a given EPS basic                                will help to reduce the testing burden
                                           a single sampling plan and provide                                   model complies with the applicable                                 on manufacturers and clarify the
                                           manufacturers with the necessary                                     standards.                                                         intended test methods within a single
                                           procedures they will need to follow                                    Finally, this rule incorporates text                             document.
                                           when certifying their EPSs as compliant                              from the California Energy
                                           with the applicable standards.                                       Commission’s (CEC) ‘‘Test Method for                                 A summary of these amendments to
                                           Previously, DOE only provided a                                      Calculating the Energy Efficiency of                               specific sections of 10 CFR part 430 can
                                           sampling plan for Class A EPSs and                                   Single-Voltage External AC-DC and AC-                              be found in Table II–1.

                                                               TABLE II–1—SUMMARY OF PROPOSED CHANGES AND AFFECTED SECTIONS OF 10 CFR PART 430

                                                                                                                 Subpart A of Part 430—General Provisions

                                            Section in 10 CFR Part 430 Subpart A                                             NOPR Proposal                                                       Final Rule Action

                                           § 430.2. Definitions ...............................       • Revising definition of ‘‘indirect operation external                   • Did not finalize proposal.
                                                                                                        power supply’’ to include battery chargers con-
                                                                                                        tained in separate physical enclosureswithin Ap-
                                                                                                        pendix Z.
                                                                                                      • Proposed to define ‘‘adaptive external power                           • Finalized definition with clarification within 430.2.
                                                                                                        supply’’.

                                                 Appendix Z to Subpart B of Part 430—Uniform Test Method for Measuring the Energy Consumption of External Power Supplies

                                                       Section in Appendix Z                                                 NOPR Proposal                                                       Final Rule Action

                                           1. Scope ...............................................   • No Change ..........................................................   • Clarified that scope of the test procedure ex-
                                                                                                                                                                                 tends only to EPSs subject to conservation
                                                                                                                                                                                 standards.
                                           2. Definitions ........................................    • Inserting definition for ‘‘average active mode ef-                     • Finalized as proposed.
                                                                                                        ficiency’’.
                                           3. Test Apparatus and General In-                          • Insert exceptions to the test method of 3(a)                           • Finalized within adopted text from the CEC’s
                                             structions.                                                within subsections 3(a)(i) and 3(a)(ii).                                 ‘‘Test Method for Calculating the Energy Effi-
                                                                                                                                                                                 ciency of Single-Voltage External AC–DC and
                                                                                                                                                                                 AC–AC Power Supplies’’.
                                                                                                      • Incorporate by reference the uncertainty and                           • Finalized within adopted text from the CEC’s
                                                                                                        resolution requirements of the IEC 62301 (2nd                            ‘‘Test Method for Calculating the Energy Effi-
                                                                                                        Ed.) standard in 3(a)(i)(A).                                             ciency of Single-Voltage External AC–DC and
                                                                                                                                                                                 AC–AC Power Supplies’’ and finalized identical
                                                                                                                                                                                 requirements within 3(b)(i)(A).
                                           4. Test Measurement ...........................            • Modify 4(a)(i) to include a table of the required                      • Did not finalize proposal.
                                                                                                        loading conditions and an additional optional
                                                                                                        loading point at a 10 percent loading condition.
                                                                                                      • Insert an optional power factor measurement at                         • Did not finalize proposal.
                                                                                                        each loading condition in 4(a)(i).
                                                                                                      • Clarify the necessary connections when using                           • Finalized as proposed.
                                                                                                        multiple measurement devices (4(a)(i)).
                                                                                                      • Clarify how to test when one or more loading                           • Finalized within adopted text from the CEC’s
                                                                                                        conditions cannot be sustained (4(a)(i)(B)).                             ‘‘Test Method for Calculating the Energy Effi-
                                                                                                                                                                                 ciency of Single-Voltage External AC–DC and
                                                                                                                                                                                 AC–AC Power Supplies’’.
                                                                                                      • Modify 4(a)(ii) to refer to the appropriate loading                    • Did not finalize as proposed.
                                                                                                        conditions in Table 1.
                                                                                                      • Modify several sections of 4(b)(i) to refer to an                      • Did not finalize as proposed.
                                                                                                        updated Table 2.
                                                                                                      • Revising 4(b)(i)(A)(5) to refer to a new Table 2,                      • Did not finalize proposal.
                                                                                                        which contains a list of prescribed loading con-
                                                                                                        ditions to use, including a new 10 percent load-
                                                                                                        ing condition.
                                                                                                      • Modify 4(b)(ii) to refer to the updated loading                        • Did not finalize proposal.
                                                                                                        conditions in new Table 2.
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                                           51428             Federal Register / Vol. 80, No. 164 / Tuesday, August 25, 2015 / Rules and Regulations

                                           III. Discussion                                         no complaints concerning DOE’s                           DOE specifically noted that the CEC
                                                                                                   proposal but noted that the scope of IEC              procedure offers no clear instructions
                                           A. Measurement Accuracy and
                                                                                                   62301 standard is limited to standby                  regarding how to avoid introducing
                                           Precision
                                                                                                   and low-power modes and that DOE                      additional efficiency losses when
                                              To ease the overall burden involved                  should consider how these requirements                connecting additional metering
                                           with the testing of EPSs, and to continue               apply to other tests. (PTI. No.15 at p.2)             equipment, such as voltmeters and
                                           to improve DOE’s efforts at harmonizing                    With the unanimous support of                      ammeters. Using data it collected from
                                           its testing requirements where feasible                 stakeholders and the statutory mandate                investigative testing concerning
                                           to do so, DOE proposed to incorporate                   to harmonize with the latest IEC                      multiple interpretations of the test
                                           by reference into the EPS test procedure                standard, DOE is amending the EPS test                procedure text, DOE found that
                                           the second edition of IEC 62301. The                    procedure, codified in Appendix Z of                  technicians could measure a lower
                                           IEC published Edition 2.0 of IEC 62301                  Subpart B to 10 CFR 430, in this final                voltage on the output of the UUT when
                                           in January 2011, shortly before DOE’s                   rule to incorporate by reference the                  using a voltmeter and ammeter to
                                           previous revision to the EPS test                       second edition of IEC 62301. DOE is                   determine the power consumption if the
                                           procedure. 76 FR 31750. This revised                                                                          voltmeter is connected farther down the
                                                                                                   specifically referencing the second
                                           version of the testing standard refined                                                                       circuit path than the series ammeter
                                                                                                   edition of this standard and is not
                                           the test equipment specifications,                                                                            connection. Such inconsistencies would
                                                                                                   adopting the proposed approach of
                                           measuring techniques, and uncertainty                                                                         not occur if the voltmeter were instead
                                                                                                   referencing the most recent version.
                                           determination to improve the method                                                                           physically and electrically connected
                                                                                                   DOE lacks authority to adopt a
                                           for measuring loads with high crest                                                                           directly to the output of the UUT. In
                                                                                                   ‘‘generic’’ provision for incorporation by
                                           factors and/or low power factors, such                                                                        theory, the ammeter acts as a dead short
                                                                                                   reference. Any standard must be
                                           as the low power modes typical of EPSs                                                                        (i.e., a short circuit having zero
                                                                                                   specifically approved for incorporation
                                           operating in no-load mode.                                                                                    resistance) and does not introduce
                                                                                                   by reference by the Director of the
                                           Incorporating this edition into the EPS                                                                       electrical resistance during the
                                           test procedure would encompass the                      Federal Register in accordance with 5
                                                                                                   U.S.C. 552(a) and 1 CFR part 51;                      measurement. In practice, the testing
                                           resolution parameters for power                                                                               leads can introduce resistive losses that
                                           measurements and uncertainty                            furthermore, in order to request
                                                                                                   approval, the agency must summarize                   vary based on, among other factors, the
                                           methodologies found in Section 4                                                                              wire gauge of the leads, the length of the
                                           (General conditions for measurements)                   the pertinent parts of the standard in the
                                                                                                   preamble of both the proposed and final               leads, and the frequency of the signal
                                           as well as the associated references to                                                                       being measured. At higher current
                                           Annexes B (Notes on the measurement                     rules. (1 CFR 51.5). Accordingly,
                                                                                                   references to IEC 62301 are limited to                loads, these losses become even more
                                           of low power modes) and D
                                                                                                   the second edition and its relevant                   pronounced and can lead to significant
                                           (Determination of uncertainty of
                                                                                                   annexes. As part of these amendments,                 resistive losses within the signal path
                                           measurement) within that section of the
                                                                                                   DOE will also amend section 430.3                     despite the low impedance nature of
                                           second edition of the IEC 62301
                                                                                                   ‘‘Materials incorporated by reference’’ to            ammeters. To clarify the testing
                                           standard. While harmonizing with the
                                                                                                   add Appendix Z to the list of test                    configuration, DOE proposed to amend
                                           latest IEC standard is a statutory
                                                                                                   procedures that reference the second                  section 4(a)(i) of Appendix Z to require
                                           requirement, DOE nonetheless
                                                                                                   edition of IEC 62301.                                 that any equipment necessary to
                                           requested stakeholder feedback
                                                                                                                                                         measure the active mode efficiency of a
                                           regarding the proposed revisions.                       B. Test Set-up                                        UUT at a specific loading condition
                                              TIA, the CA IOUs, NRDC, and
                                                                                                      In the NOPR, DOE attempted to                      must be directly connected to the output
                                           Schneider Electric were all supportive
                                                                                                   clarify certain sections within the DOE               cable of the unit. DOE believed that this
                                           of DOE’s proposal to harmonize with
                                                                                                   test procedure to ensure the test                     step would remove any unintended
                                           the latest resolution and uncertainty
                                                                                                   procedure provides accurate, repeatable               losses in the test measurement
                                           requirements in the second edition of
                                                                                                   and reproducible test results. DOE had                introduced by the metering equipment
                                           IEC 62301. (TIA, No.17 at p.2; 4 CA
                                                                                                   previously proposed, and ultimately                   because both meters would be
                                           IOUs, No.16 at p.2; NRDC, et al., No.18
                                                                                                   finalized, requirements in 2006 that                  measuring directly from the output
                                           at p.2; Schneider, No.13 at p.2) AHAM
                                                                                                   incorporated by reference certain                     connector of the EPS rather than at
                                           was also supportive of DOE’s proposal
                                                                                                   sections of a test procedure adopted by               different points in the signal path. DOE
                                           but asserted that since harmonization is
                                                                                                   the California Energy Commission (CEC)                sought comment from stakeholders on
                                           already required under the statute there
                                                                                                   into Appendix Z. See generally, 71 FR                 whether these additional clarifications
                                           is no need to amend the language in the
                                                                                                   71339 (Dec. 8, 2006) (final rule                      regarding the testing set-up when using
                                           test procedure. (AHAM, No.11 at p.2)
                                                                                                   incorporating elements of the CEC test                voltmeters and ammeters would
                                           ITI expressed similar thoughts,
                                                                                                   procedure for EPSs). That procedure—                  sufficiently clarify the test method and
                                           supporting DOE’s harmonization efforts
                                                                                                   ‘‘Test Method for Calculating the Energy              ensure testing accuracy.
                                           but suggesting that DOE should either
                                           allow for timely test procedure updates                 Efficiency of Single-Voltage External                    The CA IOUs and NRDC both agreed
                                           to amend the language for each                          AC–DC and AC-AC Power Supplies                        with DOE’s proposal to clarify the
                                           successive revision of IEC standard or                  (August 11, 2004)’’—contained a                       language in the CEC test procedure
                                           include language in the regulatory text                 number of provisions, including one                   within its own EPS procedure to
                                           referring to the ‘‘most recent version’’ of             (‘‘Measurement Approach’’) that                       accurately capture real world losses
                                           the standard. (ITI, No.10 at p.2) PTI had               outlined how UUTs should be                           without introducing any additional
                                                                                                   conditioned and connected to metering                 losses from the test equipment. (CA
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                                              4 A notation in this form provides a reference for   equipment to properly perform the test                IOUs, No.16 at p.2; NRDC, et al., No.18
                                           information that is in the docket for this rulemaking   regardless of the type of load. While this            at p.2) AHAM was also supportive of
                                           (Docket No. EERE–2014–BT–TP–0043), which is             provision generally describes the testing             the revised text and encouraged DOE to
                                           maintained at www.regulations.gov. This notation
                                           indicates that the statement preceding the reference
                                                                                                   set-up to follow, it also contains gaps               add a connection diagram for the
                                           is from document number 17 in the docket and            that could lead to inconsistent results               additional equipment within the rule
                                           appears at page 2 of that document.                     when testing an EPS.                                  text to further assist technicians who


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                                                             Federal Register / Vol. 80, No. 164 / Tuesday, August 25, 2015 / Rules and Regulations                                        51429

                                           have to refer to multiple documents                     suggested that, rather than stating that              adopting the language proposed in the
                                           when following the test procedure.                      the equipment should be directly                      NOPR to make these connections at the
                                           (AHAM, No.11 at p.3) ITI suggested that                 connected to the output, DOE should                   output cable of the EPS, DOE has
                                           DOE require a Kelvin connection (i.e., a                revise the language to specify that                   included a configuration diagram for
                                           connection used to reduce the impact of                 measurements be taken directly at the                 connecting additional metering
                                           parasitic resistances) be made between                  physical enclosure of the UUT because                 equipment between the electronic or
                                           the voltmeter and the output port of the                it is more specific and usable for any                resistive load and the output of the
                                           UUT. In ITI’s view, separating the                      EPS. (Wahl, No.5 at p.19) PTI, however,               UTT. Adding this diagram, in addition
                                           current and voltage contacts from each                  claimed that no changes are required to               to being consistent with DOE’s proposal,
                                           other would eliminate any contact                       the test procedure, as any measurements               will help maximize the level of clarity
                                           resistance or contact impedance from                    should be presumed correct and taken                  for tests when conducting the test
                                           affecting the overall measurement. (ITI,                by competent practitioners. (PTI, No.15               procedure, thereby minimizing the risk
                                           No.10 at p.3) Such connections are                      at p.2)                                               of obtaining significantly different
                                           typically used in four-wire sensing                        In DOE’s view, the adoption of the                 results regarding the energy usage of a
                                           applications where low voltages or                      proposed revisions will enhance the                   tested EPS. Figure III.1 which will be
                                           currents are present such that the                      usability and repeatability of the current            included as part of the regulatory text,
                                           connection leads can have a significant                 test procedure. Based on the stakeholder              illustrates an example on how to
                                           impact on the final measurement. Wahl                   comments noted above, in addition to                  connect the test equipment to the UUT.




                                             This diagram only illustrates one                     manufacturers to ignore the DC output                 C. EPSs With Current Limits
                                           possible connection assuming a single-                  cord losses associated with their
                                           voltage EPS, but DOE believes it will                   products. Such an allowance would                        The EPS test procedure produces five
                                           also help to provide further aid to                     ease the design burden on                             output values that are used to determine
                                           technicians in addition to the new test                 manufacturers and result in more                      whether a tested EPS complies with
                                           procedure language. These two                           products on the EPS market that are less              Federal standards. These output values
                                           descriptions, in combination, will help                                                                       (or metrics) are outlined in sections
                                                                                                   efficient than the recently amended
                                           avoid errors caused by differing                                                                              4(a)(i) and 5(b)(i)(A)(5) of Appendix Z
                                                                                                   efficiency standards intended.
                                           interpretations of the test procedure                                                                         and include active mode efficiency
                                                                                                   Accordingly, DOE is not adopting
                                           language. As stakeholders correctly                                                                           measurements at 25 percent, 50 percent,
                                                                                                   Wahl’s suggestion and is not requiring
                                           noted, ensuring a correct connection                                                                          75 percent, and 100 percent load as well
                                                                                                   a certain type of setup (such as a Kelvin             as the total power consumption of an
                                           will reduce any additional losses in the
                                                                                                   connection), as suggested by ITI.                     EPS at 0 percent load. The measured
                                           circuit path by eliminating the influence
                                           of the testing leads and their contact                  Instead, DOE has adopted its proposed                 efficiency levels at the loading points
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                                           resistance. Measuring the efficiency of a               approach and is clarifying the regulatory             (i.e., 25 percent through 100 percent) are
                                           UUT at any other point would                            text by specifying that additional                    averaged to determine the overall EPS
                                           significantly depart from the test                      metering equipment should be                          conversion efficiency and measured
                                           methodology currently in place. If DOE                  physically and electrically connected at              against the Federal standard using an
                                           were to adopt the measurement method                    the end of the output cable of the UUT.               equation that outputs the minimum
                                                                                                                                                                                                      ER25AU15.000</GPH>




                                           proposed by Wahl, it would allow                                                                              required efficiency based on the


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                                           51430             Federal Register / Vol. 80, No. 164 / Tuesday, August 25, 2015 / Rules and Regulations

                                           nameplate output power of the EPS                       that in cases where an EPS cannot                     current-limiting techniques at specific
                                           under consideration. However, some                      sustain output at one or more of the four             loading conditions means that the EPS
                                           EPSs, like those used for radios and                    loading conditions, these loading                     cannot support such loading conditions
                                           light-emitting diode (LED) applications,                conditions should not be measured.                    and will instead revert to a lower power
                                           are designed to drive the output voltage                Instead, for these EPSs, the average                  state when such load demands are
                                           to zero under specific loading                          efficiency would be the average of the                required. This means that the state of
                                           conditions either to protect the EPS                    loading conditions for which it can                   operation when the current-limiting
                                           from damage, or overstress, or because                  sustain output. In addition to this                   process is initiated is not representative
                                           the end-use application was never                       provision, DOE proposed to define the                 of the EPS’s ability to deliver the
                                           designed to operate in those states.                    ‘‘average active mode efficiency’’ of an              required loading point current to the
                                           Thus, it is not possible to measure the                 EPS as the average of the active mode                 end-use product. Accordingly, DOE
                                           efficiency at these specific loading                    efficiencies recorded when an EPS is                  believes that any efficiency
                                           conditions. (This type of feature or                    loaded at 100 percent, 75 percent, 50                 measurements taken under these
                                           technology is commonly referred to as                   percent, and 25 percent of its nameplate              circumstances would not represent the
                                           ‘‘output current-limiting’’ or ‘‘current-               output current. DOE believed that                     actual conversion efficiency at the
                                           limiting’’ because of the device’s actions              defining average active mode efficiency               loading condition where current-
                                           to limit the output current to the                      would assist manufacturers in preparing               limiting occurs and should therefore not
                                           connected device that the EPS serves.)                  certification reports and provide                     be included in the average active mode
                                           Prior to the publication of the June 2011               additional clarity as to which metrics                efficiency. Additionally, DOE is aware
                                           test procedure final rule, DOE solicited                are considered for compliance with the                of current-limiting techniques utilized
                                           comments from interested parties on                     federal standards. DOE sought comment                 in EPSs at only very high loads or lower
                                           how to test EPSs that utilize output                    on the benefits or burdens of                         loads relative to the EPS’s nameplate
                                           current-limiting techniques at 100                      representing the average active mode                  output power. While EPS efficiency
                                           percent load using the test procedure in                efficiency of these devices as the                    tends to decrease at these loading
                                           Appendix Z. 75 FR 16958, 16973 (April                   average of the efficiencies at the loading            conditions, the conversion efficiency is
                                           2, 2010). Based on the comments                         conditions that can be tested and on the              typically the poorest at very low loads.
                                           received, and to ensure that these types                proposed definition for average active                When EPSs enter current-limiting, low
                                           of EPSs could be tested for compliance                  mode efficiency.                                      power states, they deliver a much lower
                                           with the federal standards, DOE                            ITI and Schneider Electric both                    power to the end-use product and the
                                           amended section 4(a)(i) to allow                        favored letting manufacturers of EPSs                 conversion efficiency suffers. Therefore,
                                           manufacturers with products that utilize                with hiccup protection test their                     excluding these measurements from the
                                           output current-limiting at 100 percent                  products using only the loading                       average active-mode efficiency metric
                                           load to test affected individual units                  conditions that can be tested. (ITI, No.10            would not impair innovation or other
                                           using active-mode efficiencies measured                 at p.3; Schneider Electric, No.13 at p.3)             energy efficiency efforts because average
                                           at 25 percent, 50 percent, and 75                       However, PTI and AHAM disagreed                       active-mode efficiency would only
                                           percent loads. 76 FR 31750, 31771 and                   with DOE’s proposal over concerns that                include the efficiency at the loading
                                           31782 (June 1, 2011).                                   manufacturers would be punished for                   conditions that can be sustained, and
                                              However, as noted in the NOPR, DOE                   innovation and designing for overall                  not include loading conditions that are
                                           has become aware of other EPS designs                   energy savings. AHAM stated that                      represented by lower power, but
                                           which use hiccup protection at loading                  current-limiting technologies are a well-             decreased conversion efficiency. DOE
                                           conditions under 100 percent as a form                  developed feature of EPS design and                   also believes, contrary to AHAM and
                                           of fault protection and reset. These EPSs               could possibly deliver less power more                PTI’s comments, that this will result in
                                           will drive the output voltage down to                   efficiently at the loading conditions by              an advantage to manufacturers by
                                           zero to eliminate any power delivery                    entering states similar to hiccup                     requiring them to calculate average
                                           when the end-use product demands less                   protection. (AHAM, No.11 at p.3) PTI                  active-mode efficiency using only the
                                           than a certain percentage of the                        agreed with AHAM, stating that                        higher efficiency measurements taken at
                                           nameplate output current. Once the                      manufacturers should not be punished                  the loading conditions that the EPS can
                                           output has been reduced to zero, the                    for finding methods of lowering power                 sustain. As a result, DOE is codifying in
                                           EPS will periodically check the output                  consumption and that DOE should take                  this final rule its definition for average
                                           load conditions by momentarily                          the issue under further study to fully                active mode efficiency as the average of
                                           reestablishing the nameplate output                     understand the impact of the proposed                 the loading conditions (100 percent, 75
                                           voltage and monitoring the resulting                    changes (PTI, No.15 at p.2).                          percent, 50 percent, and 25 percent of
                                           current draw. If the minimum output                        The EPS test procedure was                         its nameplate output current) for which
                                           current is not reached during these                     developed to apply to any EPS that is                 the EPS can sustain the output current.
                                           periods, the output voltage is driven to                subject to Federal energy conservation
                                           zero again and the EPS output power                     standards. EPSs are regulated based on                D. Power Factor
                                           drops to zero. Similar to EPSs that                     the power conversion efficiency at                       As discussed in the NOPR, power
                                           utilize output current-limiting at                      multiple loading points and the no-load               factor is a relative measure of
                                           maximum load, these EPSs cannot be                      power consumption. While DOE                          transmission losses between the power
                                           tested properly under the current DOE                   recognizes that EPS active mode                       plant and an item plugged into AC
                                           test procedure when testing at loading                  efficiency is optimized based on the                  mains (i.e., a wall outlet). The power
                                           conditions where the hiccup protection                  loading conditions expected by the end-               factor of a given device is represented as
                                           is implemented.                                         use product, DOE’s method of                          a ratio of the active power delivered to
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                                              To quantify the active mode efficiency               measuring efficiency across the entire                the device relative to the combination of
                                           of these EPSs, DOE proposed to amend                    loading spectrum ensures that the EPS                 this reactive power and active power.
                                           section 4(a)(i)(C) of Appendix Z (which                 efficiency is quantifiable and repeatable             An ideal load will have a power factor
                                           includes a procedure to test those EPSs                 for all EPSs subject to the federal                   of 1, where all the power generated is
                                           that list both an instantaneous and                     efficiency standards regardless of usage              delivered to the load as active power.
                                           continuous output current) to require                   profiles. The fact that an EPS uses                   For a given nameplate output power and


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                                                             Federal Register / Vol. 80, No. 164 / Tuesday, August 25, 2015 / Rules and Regulations                                       51431

                                           efficiency, products with a lower power                 (ITI, No.10 at p.3; Schneider, No.13 at               activated through communication lines
                                           factor cause greater power dissipation in               p.3) ITI and Schneider questioned the                 between the charger and the charge
                                           the transmission wiring, an effect that                 value of measuring this value. They also              control chip embedded in the end-use
                                           also becomes more pronounced at                         noted that global criteria were available             device. However, DOE stated that only
                                           higher input powers.                                    to measure power factor at ratings of 75              certain products paired with the
                                              DOE stated that power factor is a                    watts and higher. AHAM also suggested                 necessary chargers are able to
                                           critical component in establishing the                  that DOE refrain from including power                 communicate and have the EPS provide
                                           overall efficiency profile of EPSs. Most                factor measurements and to instead                    a higher charging current. The same
                                           of the efficient power supplies available               focus on product efficiency, noting that              chargers would not be able to reach the
                                           on the market today use switched-mode                   without defined test parameters such as               same charging current when paired with
                                           topologies (i.e., power transfer circuits               source impedance there cannot be                      a device not capable of this
                                           that use switching elements and                         meaningful and repeatable power factor                communication.
                                           electromagnetic fields to transmit                      measurements. (AHAM, No.11 at p.3)                      DOE proposed to refer to these types
                                           power) that draw current in short spikes                TIA expressed similar concerns, stating               of EPSs as ‘‘adaptive EPSs’’ and to
                                           from the power grid. These current                      that expanding the rule beyond product                define them as single-voltage EPSs that
                                           spikes can cause the voltage and current                efficiency to power distribution will                 can alter their output voltage during
                                           input waveforms of the EPS to be                        only serve to increase stakeholder                    active mode based on an established
                                           significantly out of phase, resulting in a              confusion when the emphasis of the test               communication protocol with the end-
                                           low power factor and putting more                       procedure should be focused on product                use application without any user-
                                           stress on the power grid to deliver real                efficiencies. (TIA, No.17 at p.3) PTI                 generated action. DOE believed that,
                                           power. While switched-mode power                        argued that power factor is outside the               due to the fluctuation in the output
                                           supplies have served to dramatically                    scope of the rulemaking to provide                    voltage of adaptive EPSs depending on
                                           improve the achievable efficiencies of                  meaningful measures of energy                         the state of the end-use product,
                                           EPSs, the fact that power factor had                    efficiency. (PTI, No.15 at p.3)                       manufacturers might list multiple
                                           gone unexamined during their                               After carefully considering these                  output voltages, multiple output
                                           widespread adoption brought overall                     comments, DOE has decided, at this                    currents, and/or multiple output powers
                                           system efficiency into consideration. To                time, not to adopt a voluntary provision              to categorize all the potential states of
                                           help ascertain the power factor inputs,                 to record power factor. As noted by                   the EPS, making the correct testing
                                           DOE proposed to collect power factor                    several commenters and by DOE itself,                 conditions difficult to discern within
                                           measurements at each loading condition                  see 79 FR at 61001, the efficiency                    the existing DOE test procedure. To
                                           through an optional provision within                    impacts attributable to lower power                   remove this potential ambiguity, DOE
                                           the test procedure but not to require its               factors are more pronounced in cases                  proposed that adaptive EPSs would be
                                           measurement or submission as part of a                  involving higher input powers. The                    tested at both the highest and lowest
                                           certification report. In DOE’s view, this               availability of criteria for measuring                achievable output voltages for loading
                                           proposed change would increase testing                  power factors starting at 75 watts                    conditions where output current is
                                           flexibility while minimizing additional                 suggests that this power level may be an              greater than 0% of the rated nameplate
                                           testing burden, as most modern power                    appropriate minimum power level at                    output current. For the 0% loading
                                           analyzers are capable of measuring true                 which to consider the impacts from                    condition, or the no-load measurement
                                           power factor. DOE sought comment on                     power factor. However, DOE currently                  condition, DOE proposed to add
                                           the inclusion of power factor                           lacks sufficient data to make a fully                 clarifying language stating that the EPS
                                           measurements within the test procedure                  informed decision on whether power                    under test must be placed in no-load
                                           and the repeatability of such                           factor measurements should be limited                 mode and any additional signal
                                           measurements.                                           in this manner. Additionally, even                    connections to the unit be disconnected
                                              The CA IOUs and NRDC urged that                      though DOE presented its power factor                 prior to measuring input power. DOE
                                           power factor be measured at each                        proposal as a voluntary option, the                   believed that if the load was not
                                           loading condition because the power                     benefits of the proposal are, at this time,           disconnected from the EPS entirely, but
                                           factor affects the overall system                       unclear. In light of this situation, along            instead, the current demand was
                                           efficiency. Both also urged DOE to make                 with the significant questions raised by              decreased to zero electronically with the
                                           power factor measurements mandatory                     commenters, DOE is declining to adopt                 load still physically connected, that the
                                           for EPSs with a nameplate output power                  this aspect of its proposal. DOE may,                 output voltage may remain artificially
                                           exceeding 50 watts. (CA IOUs, No.16 at                  however, continue to evaluate the                     high and impact the results of the no-
                                           p.3; NRDC, et al., No.18 at p.4) NRDC                   merits of regulating power factor in                  load power measurement. The higher
                                           agreed with DOE’s initial assessment                    future energy conservation efforts.                   output voltage would not be
                                           that the additional burden placed on                                                                          representative of the voltage this EPS
                                           manufacturers would be minimal as                       E. Adaptive EPSs
                                                                                                                                                         would operate under in no-load mode,
                                           most modern day power meters are                          In the test procedure NOPR, DOE                     because an adaptive EPS would only
                                           capable of measuring true power factor                  described a new EPS technology that                   output a higher voltage when requested
                                           and collecting such data would allow                    enables EPSs that connect to their end-               via the adaptive communication
                                           for a complete analysis of the impact of                use products via a universal serial bus               protocol. While this methodology was
                                           EPS power factor on energy                              (USB) to provide higher charging                      consistent with DOE’s approach to
                                           consumption. (NRDC, et al., No.18 at                    currents than specified in the USB                    testing switch-selectable EPSs, DOE
                                           p.4) Several stakeholders, however,                     standard by increasing the output                     sought input from stakeholders on its
                                           disagreed with DOE’s proposal to                        voltage of the EPS in cases where the                 proposal and any additional proposals
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                                           include optional power factor                           end-use product battery is severely                   that may increase the accuracy of the
                                           measurements at each loading                            depleted. This technology has the                     test method.
                                           condition.                                              advantage of speeding the charging                      Several stakeholders commented on
                                              ITI and Schneider Electric both stated               process and cutting the overall time                  DOE’s proposed definition of an
                                           that they do not support measuring                      needed to charge a product’s battery.                 adaptive EPS. Both the CA IOUs and ITI
                                           power factor below loads of 75 watts.                   DOE noted that this faster charging was               supported DOE’s proposed definition of


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                                           51432             Federal Register / Vol. 80, No. 164 / Tuesday, August 25, 2015 / Rules and Regulations

                                           an adaptive EPS. (CA IOUs, No.16 at                        Other stakeholders provided DOE                     four loading conditions used to measure
                                           p.2; ITI, No. 10 at p.4) However,                       with additional information concerning                 single-voltage efficiency. However,
                                           Schneider Electric, AHAM, and PTI all                   the likely nameplate markings of                       manufacturers of adaptive EPSs will
                                           stated that DOE’s definition of an                      adaptive EPSs. Both Schneider Electric                 generate two average active-mode
                                           adaptive EPS was too broad and vague.                   and ITI commented that adaptive EPSs                   efficiency metrics for each EPS—one
                                           (Schneider, No.13 at p.4; AHAM, No.11                   should align with the IEC 60950                        based on the average of the efficiencies
                                           at p.3, PTI, No.15 at p.2) Schneider                    standard for safety of information                     recorded at the lowest voltage achieved
                                           claimed that it could not accurately                    technology equipment, which requires                   during the charging cycle and one based
                                           identify any products that would qualify                every output voltage to be listed along                on the average of the efficiencies
                                           as adaptive EPSs based on DOE’s                         with the associated output current.                    recorded at the highest voltage achieved
                                           proposed definition. (Schneider, No. 13                 (Schneider, No.13 at p.4; ITI, No.10 at                during the charging cycle. This
                                           at p.4) Similarly, PTI urged DOE to                     p.4).                                                  methodology will also allow DOE to
                                           refine the definition of adaptive EPSs to                  DOE believes that any test procedure                maintain consistency with its testing
                                           specify that the communication protocol                 should be flexible enough to apply to                  approach for switch-selectable EPSs.
                                           is digital so as to avoid manufacturers                 several different design variations of one             Unlike switch-selectable EPSs, DOE will
                                           classifying their products as adaptive                  consumer product. Adaptive EPSs are                    only require manufacturers of adaptive
                                           EPSs due to regular and expected output                 unique among EPSs because of their                     EPSs to certify their products with one
                                           voltage fluctuations. (PTI, No.15 at p.2)               ability to operate at one power level                  no-load power measurement, as such
                                              DOE is not aware of any existing                     when communicating with certain                        EPSs operate at only one output voltage
                                           adaptive EPS technology that relies on                  consumer products but an inability to                  when in a no-load state.
                                           analog communication. Nonetheless,                      reach a similar operating point when                      With respect to no-load mode, switch-
                                           some stakeholders have urged DOE to                     used with other consumer products that                 selectable EPSs, by definition, can
                                           provide further guidance as to what can                 lack the communication. The EPS test                   maintain several different output
                                           be considered an adaptive EPS. To this                  procedure should be able to capture the                voltages when the end-use product is
                                           end, DOE is clarifying its adaptive EPS                 efficiencies at the various output                     disconnected from the EPS. The exact
                                           definition by incorporating PTI’s                       conditions in which it will operate,                   output voltage is determined by the
                                           suggestion that the communication                       which includes these two scenarios.                    position of the switch on the EPS
                                           protocol used by adaptive EPSs is                       DOE continues to believe that this could               enclosure. The fact that the output
                                           digital. Consequently, an adaptive EPS                  be performed by conducting the test                    voltage can change via a user-generated
                                           is an EPS that can alter its output                     twice at each loading condition—once                   action means that the no-load power
                                           voltage during active-mode based on an                  at the highest achievable output voltage               consumption at each output voltage can
                                           established digital communication                       that is utilized while communicating                   vary despite the fact that the power
                                           protocol with the end-use application                   with a load and once at the lowest                     drawn from the mains is consumed by
                                           without any user-generated action. By                   achievable output voltage utilized                     the EPS in the no-load state. For this
                                           specifying the use of digital                           during load communication. Due to the                  reason, DOE requires manufacturers of
                                           communication, DOE seeks to remove                      nature of EPS design, the points in                    switch-selectable EPSs to certify the no-
                                           any classification ambiguity related to                 between the highest and lowest output                  load metric at the highest and lowest
                                           the line and load fluctuations that are                 voltage will be no less efficient than                 nameplate output voltage for these
                                           common with any power supply and                        either extreme.5 Additionally, DOE has                 products.
                                           help clarify the intended definition                    been informed through conversations                       Adaptive EPSs, however, can only
                                           proposed in the NOPR.                                   with manufacturers and through public                  maintain higher voltages while
                                              DOE also received feedback from                      comment submissions that                               communicating with the end-use
                                           stakeholders on its proposed approach                   manufacturers will list all the                        product via a physical USB connection.
                                           to testing adaptive EPSs. While                         achievable output voltage and                          During the no-load measurement, the
                                           recognizing the limitations of the                      achievable output current combinations                 EPS will be disconnected from any load
                                           proposed approach, NRDC and the CA                      of adaptive EPSs on the nameplate in                   and will, as a result, not be
                                           IOUs nevertheless supported DOE’s                       accordance with the IEC 60950 6                        communicating with the end-use
                                           proposed approach to test adaptive EPSs                 industry standard, making DOE’s                        product. Placing the EPS into no-load
                                           at the highest and lowest achievable                                                                           mode will therefore yield a static output
                                                                                                   proposal practical to implement since
                                           output voltages. (NRDC, et al., No. 18 at                                                                      voltage such that one measurement will
                                                                                                   the nameplate rating extremes will be
                                           p.6, CA IOUs, No. 16 at p.2) However,                                                                          be sufficient to represent the actual
                                                                                                   used to determine the loading points for
                                           the CA IOUs stated that DOE should test                                                                        power consumption of the EPS when
                                                                                                   testing. Since manufacturers already
                                           adaptive EPSs with and without the                                                                             disconnected from the load. DOE will
                                                                                                   include each output voltage on the
                                           communication enabled at both the                                                                              amend section 429.37 to state that
                                                                                                   nameplate, the highest and lowest
                                           highest and lowest output voltage to                                                                           manufacturers will be required to
                                                                                                   achievable voltages will be included for
                                           establish the most accurate no-load                                                                            submit average active-mode efficiencies
                                                                                                   adaptive EPSs and therefore technicians
                                           power consumption metric. (CA IOUs,                                                                            at both the highest and lowest
                                                                                                   should be able to determine the
                                           No.16 at p.2–3) AHAM, however, stated                                                                          nameplate output voltage as well as a
                                                                                                   appropriate test conditions.                           single no-load power measurement for
                                           that EPSs should be tested at the
                                                                                                      The average active-mode efficiency
                                           nameplate rating regardless of whether                                                                         adaptive EPSs.
                                                                                                   will still be based on the average of the                 Stakeholders and interested parties
                                           they are adaptive EPSs and that the
                                           product classification should be decided                   5 At higher output voltages, EPSs typically have
                                                                                                                                                          also contributed a number of comments
                                           by the manufacturer. AHAM also stated                                                                          related to applicable standards for
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                                                                                                   greater efficiency due to a lower loss ratio of the
                                           it was unclear whether the current                      fixed voltage drops in the conversion circuitry to     adaptive EPSs. NRDC and the CA IOUs
                                           procedure could not be performed on                     the nominal output voltage. These losses do not        both stated that adaptive EPSs should
                                           adaptive EPSs—and if it could, in its                   increase linearly with output voltage, so higher       meet the applicable standards at both
                                                                                                   output voltages typically provide greater conversion
                                           view, there would be no reason to make                  efficiency.                                            voltage conditions tested under DOE’s
                                           a change for these EPSs. (AHAM, No.11                      6 IEC 60950 Ed. 2.2, Safety of information          test methodology. (NRDC, et al., No. 18
                                           at p.3)                                                 technology equipment, December 2005.                   at p.6, CA IOUs, No.16 at p.3) However,


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                                                             Federal Register / Vol. 80, No. 164 / Tuesday, August 25, 2015 / Rules and Regulations                                      51433

                                           ITI stated that DOE needed to elaborate                 overall power consumed when                           measurement, asserted that such a
                                           on the appropriate standard level                       compared to the output power.                         requirement would be burdensome
                                           equations that should be used to certify                   To collect data on EPS efficiency and              without clearly being useful and noted
                                           adaptive EPSs because the proposed                      energy consumption at these lower                     that DOE should not expect to see
                                           language indicated that only basic                      loading points, DOE proposed to add an                significantly higher efficiency gains
                                           voltage equations would apply, which                    optional, loading condition at 10% the                made at lower loads. ITI added that the
                                           may not always be the case for adaptive                 nameplate output current of the EPS                   inclusion of an additional 10% loading
                                           EPSs because of their fluctuating output                under test to the test procedure in the               point does not more completely
                                           voltage and current combinations. (ITI,                 NOPR. DOE cited research conducted by                 represent the achievable efficiencies of
                                           No.10 at p.5) Additionally, ITI                         NRDC 7 as well as the efforts of the                  EPSs. (ITI, No.10 at p.5) ITI added that
                                           commented that adaptive EPSs should                     European Union 8 as the reasoning                     while the 10% loading point could
                                           not be subject to any federal efficiency                behind the inclusion of the additional                represent achievable efficiencies for
                                           standards to avoid stifling innovation.                 loading point. However, as with the EU                some EPSs in certain industries, it
                                           Instead, ITI recommended that DOE                       voluntary program, DOE stated that the                would not be universally applicable.
                                           only focus on data collection for                       additional measurement would not be                   See id. Schneider Electric agreed with
                                           adaptive EPSs. (ITI, No. 10 at p.4)                     factored into the average active mode                 ITI, stating that the 10% loading
                                              The ability of an adaptive EPS to alter              efficiency metric used to certify EPSs                condition may more accurately capture
                                           its output voltage based on digital                     with the federal efficiency standards.                the achievable efficiencies of EPSs in
                                           communication with an end-use                           Instead, the measurement would serve                  certain industries but not all.
                                           product does not prevent an adaptive                    as a stand-alone data point for DOE’s                 (Schneider, No.13 at p.5) PTI stated
                                           EPS from meeting the statutory                          consideration should it be provided by                similarly that the currently-followed
                                           definition of a Class A EPS as set by                   manufacturers in the certification                    approach of averaging of the four
                                           Congress in EISA 2007. Among other                      reports. This proposed change would                   loading conditions within the test
                                           factors, a Class A EPS is able to convert               have had no impact on measuring                       procedure is already questionable
                                                                                                   compliance with the current energy                    because EPSs generally operate at higher
                                           to only 1 AC or DC output voltage at a
                                                                                                   conservation standards for Class A EPSs               loads and adding a 10% loading
                                           time. Based on DOE’s understanding of
                                                                                                   or the recently promulgated standards                 condition moves DOE further away from
                                           adaptive EPSs, while such EPSs can
                                                                                                   for direct operation EPSs that                        its intended goal of measuring EPS
                                           alter their output voltage, and/or current
                                                                                                   manufacturers must meet beginning in                  efficiency under typical usage. (PTI,
                                           based on communications received from
                                                                                                   2016. DOE felt that this minimally                    No.15 at p.3) AHAM added that the
                                           the end-use product, they still can only
                                                                                                   burdensome revision would increase the                inclusion of a 10% loading condition
                                           output one voltage at any given time. As
                                                                                                   flexibility of the EPS test procedure                 gives a low loading level the same
                                           such, DOE expects many adaptive EPSs
                                                                                                   should DOE decide to incorporate such                 weight as a much higher loading
                                           to fall within the definition of a Class A
                                                                                                   a measurement into an efficiency                      condition. (AHAM, No.11 at p.3) Lastly,
                                           EPS, and would therefore, be subject to                 standard in the future. DOE received
                                           the currently applicable standards for                                                                        TIA stated that DOE should not include
                                                                                                   several comments from stakeholders on                 an additional loading point
                                           Class A EPSs. Manufacturers of Class A                  this proposed additional measurement.
                                           adaptive EPSs should be compliant and                                                                         measurement within the test procedure
                                                                                                      The CA IOUs agreed that an
                                           certify compliance with the Class A EPS                                                                       even in an optional capacity unless it
                                                                                                   additional measurement at 10% of the
                                           standards by testing them according to                                                                        has collected data that would support
                                                                                                   tested EPS’s nameplate output power
                                           the DOE test procedure. Similarly, these                                                                      such a revision. (TIA, No.17 at p.3)
                                                                                                   could be an important measurement
                                           EPSs will be subject to the standards                   when characterizing the energy                           After carefully considering these
                                           with which compliance in required in                    consumption of EPSs and supported                     comments, DOE has re-evaluated its
                                           February 2016.                                          DOE’s intention to exclude it from the                proposal to include an additional,
                                                                                                   average active mode efficiency metric.                optional active-mode efficiency
                                           F. EPS Loading Points
                                                                                                   (CA IOUs, No.16 at p.2) In fact, both                 measurement at 10% of an EPS’s
                                              DOE currently requires that efficiency               NRDC and the CA IOUs urged DOE to                     nameplate output power and is
                                           measurements be recorded by                             make the 10% measurement mandatory                    declining to include such a
                                           manufacturers at 0 percent, 25 percent,                 for all EPSs with a nameplate output                  measurement in the test procedure at
                                           50 percent, 75 percent, and 100 percent                 power exceeding 50 watts in order to                  this time. While DOE does not believe
                                           of the nameplate output current load.                   capture efficiency data for EPSs                      this addition would have presented a
                                           See 10 CFR 430, Subpart B, Appendix                     typically used with products that spend               significant burden to manufacturers, the
                                           Z. The last four metrics are ultimately                 a significant portion of time in lower                fact that the measurement would have
                                           averaged to determine the overall active                power modes such as laptops. (CA                      been optional leads DOE to believe that
                                           mode efficiency of an EPS. While these                  IOUs, No.16 at p.3; NRDC, et al., No.18               the likelihood of gathering substantial
                                           measurements span the majority of an                    at p.3) However, several other                        data on EPS efficiency at lower loads
                                           EPS’s loading profile, consumer loads                   stakeholders disagreed with DOE’s                     through voluntary additions to
                                           are increasingly utilizing standby modes                proposed approach.                                    certification reports would be very low.
                                           to minimize power consumption during                       ITI questioned the utility of including            Instead, DOE may opt to further
                                           periods of inactivity, a development that               a 10% loading condition as an optional                evaluate the merits of recording
                                           has resulted in many EPSs spending                                                                            additional loading point measurements
                                           more time in loading conditions below                      7 NRDC: External Power Supplies—Additional
                                                                                                                                                         prior to setting any future recording
                                           25 percent, where the EPS active mode                   Efficiency Opportunities, http://www.appliance-       requirement at this or another level. As
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                                                                                                   standards.org/sites/default/files/Next_Efficiency_
                                           efficiency tends to rapidly decrease due                Opportunities_for_External_Power_Supplies_            part of this effort, DOE may continue to
                                           to the increase in the ratio of fixed                   NRDC.pdf.                                             evaluate any potential loading
                                           losses to the output power. This                           8 European Union: Code of Conduct on External
                                                                                                                                                         conditions that may better represent the
                                           decrease is due in large part to a higher               Power Supplies Version 5 (available at http://        total energy consumption of EPSs
                                                                                                   iet.jrc.ec.europa.eu/energyefficiency/sites/
                                           loss ratio where the fixed losses                       energyefficiency/files/code_of_conduct_for_ps_        associated with various consumer
                                           represent a higher percentage of the                    version_5_-_draft_120919.pdf.                         products rather than focusing entirely


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                                           51434               Federal Register / Vol. 80, No. 164 / Tuesday, August 25, 2015 / Rules and Regulations

                                           on the 10% loading condition. Should                            EPSs issued on February 10, 2014, DOE                    consumer product that is not a battery
                                           it conclude that significant energy                             proposed in the NOPR to amend 10 CFR                     charger without the assistance of a
                                           savings may be possible by improving                            430.32(w)(1)(iii) to include a clarifying                battery, whereas an ‘‘indirect operation
                                           the active-mode conversion efficiency of                        table to more clearly identify which EPS                 EPS’’ is an EPS that cannot operate a
                                           additional loading points, DOE may                              standards apply based on whether the                     consumer product (other than a battery
                                           revisit this issue in a future rulemaking.                      EPS is (1) a Class A or non-Class A EPS                  charger) without the assistance of a
                                                                                                           and (2) direct or indirect operation. As                 battery. The applicable standards for
                                           G. Energy Conservation Standards
                                                                                                           currently defined in DOE’s regulations                   each combination of these products can
                                             After receiving several questions                             at 10 CFR 430.2, a ‘‘direct operation                    be seen in Table III–1 below.
                                           concerning the amended standards for                            EPS’’ is an EPS that can operate a

                                                                            TABLE III–1—APPLICABLE STANDARDS OF CLASS A AND NON-CLASS A EPSS
                                                                                                                              Class A EPS                                           Non-Class A EPS

                                           Direct Operation EPS ........................................   Level VI: 10 CFR 430.32(w)(1)(ii) ....................   Level VI: 10 CFR 430.32(w)(1)(ii).
                                           Indirect Operation EPS ......................................   Level IV: 10 CFR 430.32(w)(1)(i) .....................   No Standards.



                                              DOE intended the definitions of direct                       power supply that is within the scope                    79 FR 7859, 7929. DOE proposed to
                                           operation and indirect operation EPSs to                        of the test procedure.                                   modify the indirect operation EPS
                                           be mutually exclusive and collectively                            DOE is also clarifying that only those                 definition to clarify that EPSs that can
                                           exhaustive, so that any EPS would be                            external power supplies subject to the                   only operate battery chargers contained
                                           either a direct or indirect operation EPS,                      energy conservation standards fall                       in physical enclosures separate from the
                                           but not both. The new regulations                               within the scope of the test procedure.                  end-use products (but not other
                                           required that any direct-operation EPS                          By excluding external power supplies                     consumer products) are indirect
                                           (regardless of whether it was also a                            that are not subject to standards from                   operation EPSs. The proposed definition
                                           Class A EPS) would have to meet these                           the scope of the test procedure,                         specified that an indirect operation EPS
                                           new standards. Any indirect operation                           manufacturers of these EPSs will not                     is an EPS that (1) cannot operate a
                                           EPS would not be required to meet the                           have to use Appendix Z when making                       consumer product (that is not a battery
                                           new standards, but would still be                               representations of the energy efficiency                 charger) without the assistance of a
                                           required to comply with the Class A                             or energy consumption of those EPSs.                     battery or (2) solely provides power to
                                           efficiency requirements if that EPS                               In addition to the clarifications made                 a battery charger that is contained in a
                                           meets the definition of a Class A EPS.                          in this final rule, DOE expects to                       separate physical enclosure from the
                                           The Class A EPS definition is found in                          address additional issues that were                      end-use product. DOE received several
                                           42 U.S.C. 6291(36). DOE also updated                            raised in the context of this rulemaking                 stakeholder comments on the definition
                                           the International Efficiency Marking                            in a forthcoming notice of proposed                      and determination methodology
                                           Protocol to add a new mark, ‘‘VI,’’ to                          rulemaking related to external power                     associated with indirect operation EPSs.
                                           indicate compliance with the new                                supplies.                                                   NRDC and AHAM both supported
                                           efficiency requirements established for                                                                                  DOE’s revision to the definition of an
                                                                                                           H. Indirect Operation EPSs
                                           direct operation EPSs. In order to assist                                                                                indirect operation EPS. (NRDC, et al.,
                                           manufacturers in determining which                                 The NOPR discussed whether EPSs                       No.18 at 2–3, AHAM, No.11 at p.3)
                                           standards apply to their product, DOE                           that power battery chargers contained in                 AHAM also expressed concern,
                                           proposed to add Table III–1 to 10 CFR                           separate physical enclosures from their                  however, that the determination method
                                           430.32(w)(1)(iii).                                              end-use products would be considered                     for an indirect operation EPS is part of
                                              NRDC supported DOE’s clarification                           indirect operation EPSs under the                        the definition rather than the EPS test
                                           on which standards apply to which                               proposed test procedure. 79 FR at                        procedure. (AHAM, No.11 at p.2) In its
                                           types of EPSs and the proposed                                  61005. DOE noted that a battery charger                  view, because determining whether an
                                           revisions to the CFR. (NRDC et al.,                             is considered a consumer product in                      EPS is an indirect operation EPS
                                           No.18 at p.2) There were no comments                            and of itself, and DOE is currently                      involves testing, those steps should be
                                           opposing the inclusion of the clarifying                        undertaking a rulemaking to consider                     moved to become part of the test
                                           table. As such, DOE is amending 10 CFR                          establishing efficiency standards for                    procedure. PTI agreed with AHAM’s
                                           430.32(w)(1)(iii) to include Table III–1.                       battery chargers. Because that                           assertion and stated that the
                                           Although DOE had intended the                                   rulemaking would encompass the                           determination method needs to be
                                           definitions of direct operation and                             efficiency of EPSs that power battery                    performed in the context of a test
                                           indirect operation EPSs to be                                   chargers, DOE has defined direct                         procedure that specifies equipment and
                                           collectively exhaustive, DOE now                                operation EPS to exclude such EPSs.                      environmental requirements. (PTI,
                                           believes that these terms may not                               See 10 CFR 430.2 (‘‘Direct operation                     No.15 at p.3)
                                           adequately describe the full range of                           external power supply means an                              ITI disagreed with the proposed
                                           EPSs available. Nonetheless, Table 1                            external power supply that can operate                   revision to the indirect operation EPS
                                           does accurately reflect the relationship                        a consumer product that is not a battery                 definition and suggested removing the
                                           between the new standards and                                   charger without the assistance of a                      clause, ‘‘that is contained in a separate
                                           classifications and the statutory                               battery.’’). An EPS that can only operate                physical enclosure from the end-use
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                                           standards and classifications.                                  a battery charger in a separate physical                 product,’’ from that revision. It also
                                           Additionally, since manufacturers must                          enclosure from the end-use product, but                  urged DOE to provide more clarity as to
                                           use the test procedure in Appendix Z to                         not any other consumer product, is not                   the meaning of ‘‘operate a consumer
                                           Subpart B of Part 430 when making any                           a direct operation EPS, and would                        product.’’ According to ITI, a consumer
                                           representation of the energy efficiency                         therefore, not be subject to the efficiency              product should operate by providing
                                           or energy consumption of an external                            standards for direct operation EPSs. See                 equivalent functionality when being


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                                                             Federal Register / Vol. 80, No. 164 / Tuesday, August 25, 2015 / Rules and Regulations                                        51435

                                           directly powered from an EPS as it                      with. (AHAM, No.11 at p.2) ITI                        FR at 61005–61006 (reiterating DOE’s
                                           would provide when being directly                       recommended that DOE resolve any                      belief that ‘‘many drivers, or
                                           powered by a charged battery or                         confusion regarding the certification of              transformers, used for SSL applications
                                           batteries. (ITI, No.10 at p.6).                         products that could be used in multiple               would meet the definition of a Class A
                                              The indirect operation determination                 configurations by specifying that when                EPS and . . . be subject to the
                                           method is not intended to test a product                an ‘‘individual stakeholder’’ sells an                applicable energy conservation
                                           for energy consumption, but to place it                 EPS in both configurations, the EPS                   standards.’’) As such, DOE believes that
                                           into the appropriate product class for                  should comply with the direct operation               many drivers or transformers, such as
                                           standards compliance and remains part                   standards. (ITI, No.10 at p.6)                        LED drivers used for landscape lighting,
                                           of the indirect operation definition                      DOE intended this proposal regarding                lighting strings, portable luminaires,
                                           itself. Therefore, DOE does not believe                 indirect and direct operation EPSs to                 and other lighting applications, would
                                           that providing specific conditions is                   clarify the standards applicable to                   meet all six characteristics of a Class A
                                           necessary for a determination method as                 specific EPSs. In stating that so long as             EPS and would therefore be subject to
                                           opposed to a discrete test procedure.                   an EPS can operate any consumer                       the applicable energy conservation
                                           DOE does not see any compelling reason                  product directly it is considered a direct            standards. In the NOPR public meeting,
                                           to move a determination of the                          operation EPS, DOE intended to refer to               DOE provided further guidance on how
                                           applicability of the amended federal                    a manufacturer’s distribution footprint               manufacturers should interpret the six
                                           efficiency standards into the test                      and how its products may be deployed                  characteristics of a Class A EPS as it
                                           procedure. Therefore, DOE intends to                    in the field. If, for example, a                      relates to SSL applications.
                                           keep the determination of an indirect                   manufacturer uses one EPS design for a                   Specifically, DOE clarified at the
                                           operation EPS outside the language of                   number of consumer products within a                  public meeting that an EPS is designed
                                           the test procedure.                                     design family, and that EPS could be                  to convert line voltage AC input into
                                              As has been discussed, an EPS that                   considered a direct operation EPS with                lower voltage AC or DC output and
                                           can only operate a battery charger, but                 one product and an indirect operation                 explained that because fluorescent
                                           not any other consumer product, may be                  EPS with another product within that                  ballasts output higher voltage AC
                                           regulated as part of the battery charger                design family, then the EPS would need                waveforms than the line voltage input
                                           at a later date by separate efficiency                  to meet the direct operation EPS                      they receive, they would not be
                                           standards for battery chargers. After                   standards. If the EPS is designed in a                considered an EPS. See Transcript (Pub.
                                           consideration of the issues raised in                   way that would make it only capable of                Mtg. Transcript, No. 9 at p. 47–48).
                                           ITI’s comment, DOE believes that                        operating certain types of products, and              During the meeting, DOE also discussed
                                           further consideration of how best to                    those products are operated exclusively               that one of the Class A criteria is that
                                           clarify the indirect operation external                 indirectly, it would not be subject to the            the device must be contained in a
                                           power supply definition is warranted.                   direct operation standards. Similarly, if             separate physical enclosure from the
                                           Accordingly, DOE plans to address the                   an original equipment manufacturer                    end-use product. Because many LED
                                           definition in a forthcoming notice of                   (OEM) or an original design                           drivers are contained inside the same
                                           proposed rulemaking.                                    manufacturer (ODM) sells an EPS design                housing as the luminaire itself, these
                                              In addition to proposed revisions to                 to be used with other consumer                        devices would not be considered Class
                                           the indirect operation definition, DOE                  products, the burden then falls on the                A EPSs because they are contained
                                           attempted to clarify some of the                        EPS-certifying manufacturer (typically                within the same physical enclosure of
                                           ambiguity regarding standards                           importers) to understand the intended                 the end-use product.
                                           applicable to EPSs that can be used with                use of the EPS in the field and certify                  In response to the proposed rule, DOE
                                           multiple end-use applications, some of                  accordingly. Failure to submit a                      received several comments on how to
                                           which are operated directly and others                  certification report as a direct operation            apply the statutory criteria for EPSs,
                                           indirectly in the NOPR. See generally,                  EPS, however, is not determinative that               particularly in the context of SSL
                                           79 FR 60996. DOE stated that so long as                 an EPS is not a direct operation EPS.                 drivers. The CA IOUs agreed that, with
                                           an EPS can operate any consumer                                                                               limited exceptions, drivers and
                                           product directly, DOE considers it to be                I. EPSs for Solid State Lighting                      transformers for SSL products meet the
                                           a direct operation EPS. If an EPS is                       In the NOPR, DOE explained that                    criteria to be considered within the
                                           shipped with a consumer product that                    certain components, commonly referred                 scope of the rulemaking. (CA IOUs,
                                           the EPS can only operate indirectly, but                to as ‘‘transformers’’ or ‘‘drivers’’, that           No.16 at p.2) However, NEMA took
                                           that same EPS can also be used to                       are used with solid state lighting (SSL)              issue with a number of aspects of DOE’s
                                           directly operate another consumer                       applications, would be subject to the                 approach regarding SSL products. It
                                           product, DOE would still consider that                  Class A EPS energy conservation                       disagreed with DOE’s conclusion that
                                           EPS to be a direct operation EPS and                    standards provided that they meet the                 there are no technical differences
                                           subject to the applicable direct                        statutory definition of a Class A EPS.                between SSL drivers and other types of
                                           operation EPS efficiency standards.                     This definition, as established by                    EPSs included within the scope of the
                                              PTI commented that DOE’s assertion                   Congress in EISA 2007, provides six                   revised EPS standards, citing such
                                           that an EPS can only be indirect if it is               characteristics of a Class A EPS, all of              additional features as dimming
                                           incapable of powering any product                       which must be met in order for a device               functionality, network control, and light
                                           directly is unreasonable because a                      to be considered a Class A EPS. As                    color control. (NEMA, No.14 at p.3)
                                           manufacturer could in no way certify                    discussed in the February 10, 2014 final              NEMA also commented that under
                                           that the EPS associated with any end-                   rule, DOE determined that there were no               certain interpretations of the rulemaking
                                           use product might be used in another                    technical differences between the EPSs                text, even the products DOE specifically
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                                           manner by a different manufacturer.                     that power certain SSL (including LED)                listed as included within the EPS scope
                                           (PTI, No.15 at p.3) AHAM similarly                      products and those that are used with                 could be excluded. It requested that
                                           stated that manufacturers must not be                   other end-use applications that would                 DOE revise its interpretation of a
                                           held accountable for consumers using                    prevent an EPS used with SSL products                 consumer product and provide concrete
                                           certain EPSs with other products they                   from meeting the statutory definition of              examples of covered and non-covered
                                           were never intended to be associated                    a Class A EPS. 79 FR 7846. See also 79                products to assist the lighting industry’s


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                                           51436             Federal Register / Vol. 80, No. 164 / Tuesday, August 25, 2015 / Rules and Regulations

                                           understanding of the scope of the                       products imported into the U.S., this is              External AC–DC and AC–AC Power
                                           rulemaking (NEMA, No.14 at p.3)                         the date of importation. See 42 U.S.C.                Supplies (August 11, 2004)’’, but will be
                                           NEMA further stated that many SSL/                      6291(10) (‘‘The term ‘manufacture’                    adopted into Appendix Z as part of this
                                           LED drivers are not sold with, or                       means to manufacture, produce,                        final rule. Therefore, DOE’s test method
                                           intended to be used with, a separate                    assemble or import.’’) Thus, although                 does, in fact, provide a clear method for
                                           end-use product and, consequently, do                   many LED drivers are sold to an end-                  testing no-load mode of hardwired
                                           not fall into the Class A EPS definition                user inside the same housing as a                     connections.
                                           and should not be subject to regulation.                luminaire, an LED driver imported into                   Nonetheless, DOE recognizes that
                                           Additionally, even if these products did                the U.S. as a separate product, prior to              EPSs may change over time as
                                           meet the Class A definition, according                  being incorporated into a luminaire, is               manufacturers add new features and
                                           to NEMA, DOE could not properly test                    a Class A EPS at the time of its                      update designs in order to compete for
                                           SSL drivers under the existing DOE test                 manufacture (importation), if it meets                consumers. Acknowledging that
                                           procedure, even with the amendments                     the other five criteria, because it would             innovation and product development
                                           proposed in the NOPR. (NEMA, No.14                      not yet be contained within the same                  may occasionally cause products to
                                           at p.2)                                                 physical enclosure as the end-use                     change in ways that either (1) make the
                                              Lutron Electronics echoed many of                    product. However, if any such LED                     results of a test procedure not
                                           NEMA’s concerns, stating that the scope                 driver were not able to convert                       representative of actual energy use or
                                           of the EPS rulemaking was unclear as it                 household electric current into DC                    efficiency, or (2) make it impossible to
                                           related to LED drivers and that DOE’s                   current or lower-voltage AC current at                test in accordance with the relevant test
                                           assertion that LED drivers are                          the time it is imported, it would not                 procedure, DOE considers petitions for
                                           technologically equivalent to other                     meet the definition of an EPS and,                    waivers from test procedures under
                                           similarly rated EPSs that fall within the               therefore, would not be subject to                    certain circumstances. Any interested
                                           rule’s scope was not based on any                       energy conservation standards.                        party—typically a manufacturer—may
                                           technical analysis. (Lutron, No.12 at p.2)                 When determining whether an EPS                    submit a petition for a test procedure
                                           Lutron also stated that DOE should                      meets the statutory definition of a Class             waiver for a basic model of a covered
                                           follow the course of other standards                    A EPS, DOE evaluates whether all six                  product if the basic model’s design
                                           development organizations and consider                  characteristics are present in the device             prevents it from being tested according
                                           regulating LED drivers and lighting                     in question. While NEMA has brought                   to the test procedures, or if the test
                                           ballasts in a separate rulemaking from                  forward several additional                            procedure yields materially inaccurate
                                           EPSs. Lutron claims that treating these                 functionalities, such as dimming                      or unrepresentative energy use data. 10
                                           products as regulated EPSs will                         functionality, network control, and light             CFR 430.27. To the extent that
                                           eliminate certain SSL drivers with                      color control, that may be used to                    manufacturers wish to obtain a waiver
                                           networking capabilities from the market                 distinguish one Class A EPS from                      from the EPS test procedure,
                                           because of the strict no-load standards                 another, any device that contains the six             manufacturers should petition DOE for
                                           required by the 2014 final rule. Lutron                 criteria of a Class A EPS would be                    a waiver and/or interim waiver. More
                                           argued that eliminating this added                      subject to the Class A EPS energy                     information on the waiver process is
                                           utility will remove several smart energy                conservation standards. Only the six                  available on the DOE Web site: http://
                                           management tools from buildings and                     characteristics of a Class A EPS, and not             energy.gov/eere/buildings/test-
                                           result in higher overall energy                         any additional technical functionality,               procedure-waivers.
                                           consumption. Additionally, Lutron                       are used by DOE to determine whether
                                                                                                                                                         J. Sampling Plan
                                           agreed with NEMA’s statement that LED                   a device is considered a Class A EPS. As
                                           drivers should not be considered as part                such, DOE expects some SSL drivers to                    For certification and compliance,
                                           of the EPS rulemaking because they are                  fall within the definition of a Class A               manufacturers are required to rate each
                                           not ‘‘external’’ to the luminaire they are              EPS and, consequently, are subject to                 basic model according to the sampling
                                           powering. (Lutron, No.12 at p.3–4)                      the current Class A standards. Class A                provisions specified in 10 CFR part 429.
                                              Any device that meets the                            EPSs must meet the Class A EPS                        In the NOPR, DOE explained that
                                           congressional definition of an EPS is a                 standards when tested using the DOE                   because the recent energy conservation
                                           covered product that may be subject to                  test procedure and sampling provisions.               standards apply to direct operation
                                           energy conservation standards. (42                      Similarly, these Class A EPSs will be                 EPSs, which include both Class A and
                                           U.S.C. 6291(36)) Congress defined an                    subject to the standards with which                   non-Class A EPSs, there is no longer a
                                           EPS as ‘‘an external power supply                       compliance is required in February                    need to differentiate between Class A
                                           circuit that is used to convert household               2016. (See discussion regarding Table                 and non-Class A EPSs for the purposes
                                           electric current into DC current or                     III–1.)                                               of Part 429. See 79 FR at 61006. As a
                                           lower-voltage AC current to operate a                      Finally, in addressing stakeholder                 result, DOE proposed to amend § 429.37
                                           consumer product.’’ 42 U.S.C.                           concerns that SSL drivers cannot be                   so that the sampling plan would be
                                           6291(36)(A). While a device that meets                  tested under the existing DOE test                    applied to any EPS subject to energy
                                           the EPS definition is considered a                      procedure when taking the no-load                     conservation standards. DOE sought
                                           covered product, only certain EPSs are                  measurement of a hard-wired                           comment on this proposal to apply the
                                           currently subject to energy conservation                connection, DOE notes the test method                 sampling plan requirements to all EPSs
                                           standards. Specifically, Congress                       states that the no-load measurement                   subject to an energy conservation
                                           defined, and established energy                         should be taken by cutting the cord                   standard, regardless of whether they
                                           conservation standards for, Class A                     adjacent to the end-use product and                   meet the Class A definition.
                                           EPSs. (42 U.S.C. 6291(36)(C)(i)). DOE                   conducting the measurement probes at                     AHAM agreed that there should not
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                                           has no authority to alter the                           that point in section 4(a)(ii) of Appendix            be differing class requirements between
                                           applicability of the Class A EPS                        Z. As discussed in Section K, this                    different types of EPSs and supported
                                           standards as set forth by Congress.                     language was previously incorporated                  DOE’s proposal to have one singular
                                              Whether a given product satisfies the                by reference in Appendix Z by citing the              sampling plan for all products within
                                           applicable definition is assessed at the                CEC’s ‘‘Test Method for Calculating the               the scope of the EPS standards. (AHAM,
                                           time a product is manufactured. For                     Energy Efficiency of Single-Voltage                   No.11 at p.3–4) The CA IOUs and NRDC


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                                                             Federal Register / Vol. 80, No. 164 / Tuesday, August 25, 2015 / Rules and Regulations                                         51437

                                           also agreed with DOE’s proposal to                      EPS test procedure 11 to incorporate the               technicians to reference specific
                                           unite all EPSs under the same sampling                  text from Appendix Z directly. Rather                  sections of that document. This revision
                                           requirements that are currently outlined                than keep the references to the CEC                    will also allow DOE to modify the
                                           in the Class A EPS sampling plan in                     procedure found in Appendix Z,                         specific text within Appendix Z should
                                           429.37. (CA IOUs, No.16 at p.3; NRDC,                   however, the CSA adopted the text from                 the need arise in any future rulemakings
                                           et al., No. 18 at p.2)                                  the specific sections referenced by the                rather than having to provide additional
                                              ITI agreed that adopting one sampling                DOE procedure. After reviewing the                     clarifications on the procedures detailed
                                           plan may work for some but not all                      revised CSA procedure, DOE found that                  in the CEC test method.
                                           situations, citing the difference between               the new text is identical to the test                    Any amendments DOE has codified
                                           DOE’s sampling plans based on                           procedure in Appendix Z, but greatly                   within Appendix Z related to referenced
                                           manufacturing volume and industry                       enhances the clarity of Appendix Z by                  CEC text will be incorporated into the
                                           sampling plans. ITI recommended that                    consolidated the referenced text within                language adopted in this final rule as
                                           DOE consider specific quality control                   the test procedure itself. DOE believes                well. For example, DOE will adopt
                                           documents typically used by industry to                 that these efforts have reduced the                    nearly all of the text in the ‘‘General
                                           ensure an acceptable outgoing quality                   burden on stakeholders and technicians                 Conditions for Measurement’’ section of
                                           control level, optimize yield, and                      since the text referenced from the CEC                 the CEC test procedure that was
                                           minimize cost. However, they did not                    procedure can now be found within a                    previously incorporated by reference,
                                           outline specific instances where one                    single document. Stakeholders agreed                   expect for those provisions in the
                                           sampling plan would be problematic.                     with this determination within the                     section for which DOE had already
                                           (ITI, No.10 at p.7)                                     comments submitted for the test                        codified exceptions. Specifically, this
                                              Based on the comments submitted by                   procedure NOPR.                                        section of the CEC test procedure noted
                                           stakeholders, DOE has not found any                        AHAM specifically commented that                    that EPSs are to be tested at both
                                           technical reason that would prevent                     the DOE and CSA procedures are                         115VAC, 60 Hz and 230VAC, 50 Hz.
                                           both Class A and non-Class A EPSs from                  identical and if DOE wished to                         However, DOE codified language in the
                                           being subject to the same sampling                      incorporate any language by reference it               2006 test procedure final rule that states
                                           requirements. DOE’s current Class A                     would be more appropriate to do so                     that EPSs will only be tested at 115V,
                                           sampling requirements are consistent                    from a document published by a                         AC, 60Hz. So, although the text from
                                           with the sampling plans of other                        standard setting organization rather than              this section is being adopted into
                                           consumer products. Therefore, DOE is                    one developed by a government                          Appendix Z as part of this final rule,
                                           amending 429.37 in this final rule to                   contractor. (AHAM, No.11 at p.2–3)                     DOE is modifying the specific language
                                           establish one sampling plan for EPSs.                   Since then, DOE has evaluated the                      associated with the test voltages to align
                                                                                                   merits of referencing the CSA test                     with the exceptions already codified in
                                           K. Expanding Regulatory Text                            procedure directly rather than                         Appendix Z. All other similar instances
                                              In the process of developing the EPS                 continuing to revise the CEC text with                 are also reflected in the regulatory text.
                                           test procedure, DOE incorporated                        additional exceptions and clarifications.              Since these clarifications to the
                                                                                                      After further consideration, DOE is
                                           existing methodologies from a number                                                                           referenced text were previously adopted
                                                                                                   instead electing to incorporate the text
                                           of different standard setting                                                                                  for the EPS test procedure, the
                                                                                                   previously incorporated by reference
                                           organizations. For example, the single-                                                                        modifications to the text from the CEC
                                                                                                   from the CEC’s ‘‘Test Method for
                                           voltage test procedure codified in                                                                             procedure will not alter the way the test
                                                                                                   Calculating the Energy Efficiency of
                                           Appendix Z references specific sections                                                                        procedure is performed. DOE believes
                                                                                                   Single-Voltage External AC–DC and
                                           of the CEC’s ‘‘Test Method for                                                                                 this approach will further reduce any
                                                                                                   AC–AC Power Supplies (August 11,
                                           Calculating the Energy Efficiency of                                                                           confusion over the current EPS test
                                                                                                   2004)’’ into Appendix Z of Subpart B to
                                           Single-Voltage External AC–DC and                                                                              procedure regulatory text, and is
                                                                                                   10 CFR part 430. If DOE were to
                                           AC–AC Power Supplies (August 11,                                                                               therefore adopting this approach as part
                                                                                                   incorporate the CSA test procedure, it
                                           2004)’’ to outline how the active mode                                                                         of this final rule.
                                                                                                   would still need to make certain
                                           efficiency and no-load mode power
                                                                                                   clarifications based on the amendments                 L. Effective Date and Compliance Date
                                           consumption tests should be performed.
                                                                                                   adopted in this final rule, and the intent             of Test Procedure
                                           Within these sections, there are two
                                                                                                   behind adopting one point of reference
                                           additional references to standards                                                                                The effective date for this test
                                                                                                   within the test procedure would be
                                           developed by IEC 9 and the Institute of                                                                        procedure is 30 days after publication in
                                                                                                   nullified. Technicians would still need
                                           Electrical and Electronics Engineers                                                                           the Federal Register. At that time, the
                                                                                                   to refer to multiple sources in order to
                                           (IEEE)10. Therefore, technicians must                                                                          new metrics and any other measure of
                                                                                                   follow the DOE EPS test procedure.
                                           reference four separate documents                                                                              energy consumption relying on these
                                                                                                   Instead, DOE is adopting an approach
                                           published by four independent                                                                                  metrics may be represented pursuant to
                                                                                                   identical to the one taken by the CSA
                                           organizations in order to properly                                                                             the final rule. Consistent with 42 U.S.C.
                                                                                                   during the 2013 revision of its test
                                           perform the functions required by the                                                                          6293(c), energy consumption or
                                                                                                   procedure such that multiple references
                                           EPS test procedure.                                                                                            efficiency representations by
                                                                                                   can be consolidated into a single
                                              In 2013, the Canadian Standards                                                                             manufacturers must be based on the
                                                                                                   document. This approach will not alter
                                           Association (CSA) recognized the                                                                               new test procedure and sampling plans
                                                                                                   the method used to determine the active
                                           confusion associated with referencing                                                                          starting 180 days after the date of
                                                                                                   mode efficiency or no-load power
                                           multiple documents and amended their                                                                           publication of this test procedure final
                                                                                                   consumption in any way. Rather, it will
                                                                                                                                                          rule. Starting on that date, any such
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                                                                                                   directly insert the test methodology
                                             9 IEC 62301 Ed. 1.0, Household electrical                                                                    representations, including those made
                                                                                                   from the CEC test procedure into
                                           appliances—Measurement of standby power, June                                                                  on marketing materials, Web sites
                                           2005.                                                   Appendix Z and eliminate the need for
                                             10 IEEE Std 1515–2000, IEEE Recommended
                                                                                                                                                          (including qualification with a
                                           Practice for Electronic Power Subsystems:                 11 CAN/CSA–C381.1, Test method for calculating       voluntary or State program), and
                                           Parameter Definitions, Test Conditions, and Test        the energy efficiency of single-voltage external ac-   product labels must be based on results
                                           Methods.                                                dc and ac-ac power supplies, (November 2008).          generated using the final rule procedure


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                                           51438             Federal Register / Vol. 80, No. 164 / Tuesday, August 25, 2015 / Rules and Regulations

                                           as well as the sampling plan in 10 CFR                     DOE reviewed the final rule under the              standards. In certifying compliance,
                                           part 429.                                               provisions of the Regulatory Flexibility              manufacturers must test their products
                                                                                                   Act and the procedures and policies                   according to the DOE test procedures for
                                           IV. Procedural Issues and Regulatory
                                                                                                   published on February 19, 2003. This                  EPSs, including any amendments
                                           Review
                                                                                                   final rule prescribes certain limited                 adopted for those test procedures. DOE
                                           A. Review Under Executive Order 12866                   clarifying amendments to an already-                  has established regulations for the
                                                                                                   existing test procedure that will help                certification and recordkeeping
                                              The Office of Management and Budget                  manufacturers and testing laboratories                requirements for all covered consumer
                                           (OMB) has determined that test                          to consistently conduct that procedure                products and commercial equipment,
                                           procedure rulemakings do not constitute                 when measuring the energy efficiency of               including EPSs. See 10 CFR part 429,
                                           ‘‘significant regulatory actions’’ under                an EPS, including in those instances                  subpart B. The collection-of-information
                                           section 3(f) of Executive Order 12866,                  where compliance with the applicable                  requirement for the certification and
                                           Regulatory Planning and Review, 58 FR                   Federal energy conservation is being                  recordkeeping is subject to review and
                                           51735 (Oct. 4, 1993). Accordingly, this                 assessed. DOE has concluded that the                  approval by OMB under the Paperwork
                                           action was not subject to review under                  final rule will not have a significant                Reduction Act (PRA). This requirement
                                           the Executive Order by the Office of                    impact on a substantial number of small               has been approved by OMB under OMB
                                           Information and Regulatory Affairs                      entities.                                             control number 1910–1400. Public
                                           (OIRA) in the Office of Management and                     Although DOE initially believed that               reporting burden for the certification is
                                           Budget (OMB).                                           there were no domestic manufacturers                  estimated to average 30 hours per
                                                                                                   of EPS who qualify as small businesses,               response, including the time for
                                           B. Review Under the Regulatory
                                                                                                   DOE conducted a further review to                     reviewing instructions, searching
                                           Flexibility Act
                                                                                                   update its assessment. DOE’s most                     existing data sources, gathering and
                                              The Regulatory Flexibility Act (5                    recent small business search continued                maintaining the data needed, and
                                           U.S.C. 601 et seq.) requires preparation                to show that the majority of EPS                      completing and reviewing the collection
                                           of an initial regulatory flexibility                    manufacturers are foreign-owned and                   of information.
                                           analysis (IFRA) for any rule that by law                -operated companies. Of the few that are                Notwithstanding any other provision
                                           must be proposed for public comment,                    domestically-owned, most are larger                   of the law, no person is required to
                                           unless the agency certifies that the rule,              companies with more than 500                          respond to, nor shall any person be
                                           if promulgated, will not have a                         employees. DOE’s most recent search                   subject to a penalty for failure to comply
                                           significant economic impact on a                        again showed that there are no small,                 with, a collection of information subject
                                           substantial number of small entities. As                domestic manufacturers of EPSs. Even if               to the requirements of the PRA, unless
                                           required by Executive Order 13272,                      small domestic manufacturers of EPSs                  that collection of information displays a
                                           ‘‘Proper Consideration of Small Entities                existed in the U.S., the nature of the                currently valid OMB Control Number.
                                           in Agency Rulemaking,’’ 67 FR 53461                     revisions to the EPS test procedure
                                                                                                   make it unlikely that these changes                   D. Review Under the National
                                           (August 16, 2002), DOE published
                                                                                                   would have created any additional                     Environmental Policy Act of 1969
                                           procedures and policies on February 19,
                                           2003 to ensure that the potential                       certification costs that would cause                    This rule amends the DOE test
                                           impacts of its rules on small entities are              adverse impacts to those manufacturers.               procedure for EPSs. DOE has
                                           properly considered during the DOE                      Therefore, there are no small business                determined that this rule falls into a
                                           rulemaking process. 68 FR 7990. DOE                     impacts to evaluate for purposes of the               class of actions that are categorically
                                           has made its procedures and policies                    Regulatory Flexibility Act.                           excluded from review under the
                                           available on the Office of the General                     In addition, DOE expects any                       National Environmental Policy Act of
                                           Counsel’s Web site: http://energy.gov/                  potential impact from this final rule to              1969 (42 U.S.C. 4321 et seq.) and DOE’s
                                           gc/office-general-counsel.                              be minimal. As noted earlier, DOE’s EPS               implementing regulations at 10 CFR part
                                                                                                   test procedure has existed since 2005                 1021. Specifically, this rule amends an
                                              For manufacturers of EPSs, the Small                 and the modest clarifications in the final
                                           Business Administration (SBA) has set a                                                                       existing rule without affecting the
                                                                                                   rule are unlikely to create a burden on               amount, quality or distribution of
                                           size threshold, which defines those                     any manufacturers. These revisions
                                           entities classified as ‘‘small businesses’’                                                                   energy usage, and, therefore, will not
                                                                                                   harmonize the instrumentation                         result in any environmental impacts.
                                           for the purposes of the statute. DOE                    resolution and uncertainty requirements
                                           used the SBA’s small business size                                                                            Thus, this rulemaking is covered by
                                                                                                   with the second edition of the                        Categorical Exclusion A5 under 10 CFR
                                           standards to determine whether any                      International Electrotechnical
                                           small entities would be subject to the                                                                        part 1021, subpart D, which applies to
                                                                                                   Commission (IEC) 62301 standard when                  any rulemaking that interprets or
                                           requirements of the rule. 65 FR 30836,                  measuring standby power along with
                                           30848 (May 15, 2000), as amended at 65                                                                        amends an existing rule without
                                                                                                   other international standards programs.               changing the environmental effect of
                                           FR 53533, 53544 (Sept. 5, 2000) and                     They also clarify certain testing set-up
                                           codified at 13 CFR part 121. The size                                                                         that rule.12 Accordingly, neither an
                                                                                                   requirements. These updates will not                  environmental assessment nor an
                                           standards are listed by North American                  increase the testing burden on EPS
                                           Industry Classification System (NAICS)                                                                        environmental impact statement is
                                                                                                   manufacturers.                                        required.
                                           code and industry description and are                      For these reasons, DOE certifies that
                                           available at http://www.sba.gov/content/                this final rule will not have a significant           E. Review Under Executive Order 13132
                                           summary-size-standards-industry. EPS                    economic impact on a substantial                        Executive Order 13132, ‘‘Federalism,’’
                                           manufacturing is classified under                       number of small entities.
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                                                                                                                                                         64 FR 43255 (August 4, 1999), imposes
                                           NAICS 335999, ‘‘All Other
                                                                                                   C. Review Under the Paperwork                         certain requirements on agencies
                                           Miscellaneous Electrical Equipment and
                                                                                                   Reduction Act of 1995                                 formulating and implementing policies
                                           Component Manufacturing.’’ The SBA
                                           sets a threshold of 500 employees or less                 Manufacturers of EPSs must certify to                 12 In its October 2014 proposal, DOE had
                                           for an entity to be considered as a small               DOE that their products comply with                   inadvertently identified this exclusion as Category
                                           business for this category.                             any applicable energy conservation                    A6.



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                                                             Federal Register / Vol. 80, No. 164 / Tuesday, August 25, 2015 / Rules and Regulations                                        51439

                                           or regulations that preempt State law or                standards in sections 3(a) and 3(b) to                prepare a Family Policymaking
                                           that have Federalism implications. The                  determine whether they are met or it is               Assessment.
                                           Executive Order requires agencies to                    unreasonable to meet one or more of
                                                                                                                                                         I. Review Under Executive Order 12630
                                           examine the constitutional and statutory                them. DOE has completed the required
                                           authority supporting any action that                    review and determined that, to the                      DOE has determined, under Executive
                                           would limit the policymaking discretion                 extent permitted by law, this final rule              Order 12630, ‘‘Governmental Actions
                                           of the States and to carefully assess the               meets the relevant standards of                       and Interference with Constitutionally
                                           necessity for such actions. The                         Executive Order 12988.                                Protected Property Rights’’ 53 FR 8859
                                           Executive Order also requires agencies                                                                        (March 18, 1988), that this regulation
                                           to have an accountable process to                       G. Review Under the Unfunded
                                                                                                                                                         will not result in any takings that might
                                           ensure meaningful and timely input by                   Mandates Reform Act of 1995
                                                                                                                                                         require compensation under the Fifth
                                           State and local officials in the                          Title II of the Unfunded Mandates                   Amendment to the U.S. Constitution.
                                           development of regulatory policies that                 Reform Act of 1995 (UMRA) requires
                                           have Federalism implications. On                                                                              J. Review Under Treasury and General
                                                                                                   each Federal agency to assess the effects             Government Appropriations Act, 2001
                                           March 14, 2000, DOE published a                         of Federal regulatory actions on State,
                                           statement of policy describing the                      local, and Tribal governments and the                   Section 515 of the Treasury and
                                           intergovernmental consultation process                  private sector. Public Law 104–4, sec.                General Government Appropriations
                                           it will follow in the development of                    201 (codified at 2 U.S.C. 1531). For a                Act, 2001 (44 U.S.C. 3516 note) provides
                                           such regulations. 65 FR 13735. DOE                      regulatory action resulting in a rule that            for agencies to review most
                                           examined this final rule and determined                 may cause the expenditure by State,                   disseminations of information to the
                                           that it will not have a substantial direct              local, and Tribal governments, in the                 public under guidelines established by
                                           effect on the States, on the relationship               aggregate, or by the private sector of                each agency pursuant to general
                                           between the national government and                     $100 million or more in any one year                  guidelines issued by OMB. OMB’s
                                           the States, or on the distribution of                   (adjusted annually for inflation), section            guidelines were published at 67 FR
                                           power and responsibilities among the                    202 of UMRA requires a Federal agency                 8452 (Feb. 22, 2002), and DOE’s
                                           various levels of government. EPCA                      to publish a written statement that                   guidelines were published at 67 FR
                                           governs and prescribes Federal                          estimates the resulting costs, benefits,              62446 (Oct. 7, 2002). DOE has reviewed
                                           preemption of State regulations as to                   and other effects on the national                     this final rule under the OMB and DOE
                                           energy conservation for the products                    economy. (2 U.S.C. 1532(a), (b)) The                  guidelines and has concluded that it is
                                           that are the subject of this final rule.                UMRA also requires a Federal agency to                consistent with applicable policies in
                                           States can petition DOE for exemption                   develop an effective process to permit                those guidelines.
                                           from such preemption to the extent, and                 timely input by elected officers of State,
                                           based on criteria, set forth in EPCA. (42                                                                     K. Review Under Executive Order 13211
                                                                                                   local, and Tribal governments on a
                                           U.S.C. 6297(d)) No further action is                    proposed ‘‘significant intergovernmental                 Executive Order 13211, ‘‘Actions
                                           required by Executive Order 13132.                      mandate,’’ and requires an agency plan                Concerning Regulations That
                                           F. Review Under Executive Order 12988                   for giving notice and opportunity for                 Significantly Affect Energy Supply,
                                              Regarding the review of existing                     timely input to potentially affected                  Distribution, or Use,’’ 66 FR 28355 (May
                                           regulations and the promulgation of                     small governments before establishing                 22, 2001), requires Federal agencies to
                                           new regulations, section 3(a) of                        any requirements that might                           prepare and submit to OMB, a
                                           Executive Order 12988, ‘‘Civil Justice                  significantly or uniquely affect small                Statement of Energy Effects for any
                                           Reform,’’ 61 FR 4729 (Feb. 7, 1996),                    governments. On March 18, 1997, DOE                   significant energy action. A ‘‘significant
                                           imposes on Federal agencies the general                 published a statement of policy on its                energy action’’ is defined as any action
                                           duty to adhere to the following                         process for intergovernmental                         by an agency that promulgated or is
                                           requirements: (1) Eliminate drafting                    consultation under UMRA. 62 FR                        expected to lead to promulgation of a
                                           errors and ambiguity; (2) write                         12820; also available at http://                      final rule, and that: (1) Is a significant
                                           regulations to minimize litigation; (3)                 energy.gov/gc/office-general-counsel.                 regulatory action under Executive Order
                                           provide a clear legal standard for                      DOE examined this final rule according                12866, or any successor order; and (2)
                                           affected conduct rather than a general                  to UMRA and its statement of policy                   is likely to have a significant adverse
                                           standard; and (4) promote simplification                and determined that the rule contains                 effect on the supply, distribution, or use
                                           and burden reduction. Section 3(b) of                   neither an intergovernmental mandate,                 of energy; or (3) is designated by the
                                           Executive Order 12988 specifically                      nor a mandate that may result in the                  Administrator of OIRA as a significant
                                           requires that Executive agencies make                   expenditure of $100 million or more in                energy action. For any significant energy
                                           every reasonable effort to ensure that the              any year, so these requirements do not                action, the agency must give a detailed
                                           regulation: (1) Clearly specifies the                   apply.                                                statement of any adverse effects on
                                           preemptive effect, if any; (2) clearly                                                                        energy supply, distribution, or use if the
                                                                                                   H. Review Under the Treasury and
                                           specifies any effect on existing Federal                                                                      regulation is implemented, and of
                                                                                                   General Government Appropriations
                                           law or regulation; (3) provides a clear                                                                       reasonable alternatives to the action and
                                                                                                   Act, 1999
                                           legal standard for affected conduct                                                                           their expected benefits on energy
                                           while promoting simplification and                         Section 654 of the Treasury and                    supply, distribution, and use.
                                           burden reduction; (4) specifies the                     General Government Appropriations                        This regulatory action is not a
                                           retroactive effect, if any; (5) adequately              Act, 1999 (Pub. L. 105–277) requires                  significant regulatory action under
                                           defines key terms; and (6) addresses                    Federal agencies to issue a Family                    Executive Order 12866. Moreover, it
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                                           other important issues affecting clarity                Policymaking Assessment for any rule                  would not have a significant adverse
                                           and general draftsmanship under any                     that may affect family well-being. This               effect on the supply, distribution, or use
                                           guidelines issued by the Attorney                       final rule will not have any impact on                of energy, nor has it been designated as
                                           General. Section 3(c) of Executive Order                the autonomy or integrity of the family               a significant energy action by the
                                           12988 requires Executive agencies to                    as an institution. Accordingly, DOE has               Administrator of OIRA. Therefore, it is
                                           review regulations in light of applicable               concluded that it is not necessary to                 not a significant energy action, and,


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                                           51440             Federal Register / Vol. 80, No. 164 / Tuesday, August 25, 2015 / Rules and Regulations

                                           accordingly, DOE has not prepared a                     publication/6789 and also from the                    output power in watts (W), and, if
                                           Statement of Energy Effects.                            American National Standards Institute,                missing from the nameplate, the output
                                                                                                   25 W. 43rd Street, 4th Floor, New York,               current in amperes (A) of the basic
                                           L. Review Under Section 32 of the
                                                                                                   NY 10036, (212) 642–4900, or go to                    model or the output current in amperes
                                           Federal Energy Administration Act of
                                                                                                   http://webstore.ansi.org.                             (A) of the highest- and lowest-voltage
                                           1974
                                                                                                                                                         models within the external power
                                              Under section 301 of the Department                  N. Congressional Notification
                                                                                                                                                         supply design family.
                                           of Energy Organization Act (Pub. L. 95–                   As required by 5 U.S.C. 801, DOE will                  (ii) Switch-selectable single-voltage
                                           91; 42 U.S.C. 7101), DOE must comply                    report to Congress on the promulgation                external power supplies: The average
                                           with section 32 of the Federal Energy                   of this rule before its effective date. The           active mode efficiency as a percentage
                                           Administration Act of 1974, as amended                  report will state that it has been                    (%) value, no-load mode power
                                           by the Federal Energy Administration                    determined that the rule is not a ‘‘major             consumption in watts (W) using the
                                           Authorization Act of 1977. (15 U.S.C.                   rule’’ as defined by 5 U.S.C. 804(2).                 lowest and highest selectable output
                                           788; FEAA) Section 32 essentially
                                                                                                   V. Approval of the Office of the                      voltages, nameplate output power in
                                           provides in relevant part that, where a
                                                                                                   Secretary                                             watts (W), and, if missing from the
                                           proposed rule authorizes or requires use
                                                                                                                                                         nameplate, the output current in
                                           of commercial standards, the notice of                    The Secretary of Energy has approved
                                                                                                                                                         amperes (A).
                                           proposed rulemaking must inform the                     publication of this final rule.
                                           public of the use and background of                                                                              (iii) Adaptive single-voltage external
                                                                                                   List of Subjects                                      power supplies: The average active-
                                           such standards. In addition, section
                                           32(c) requires DOE to consult with the                  10 CFR Part 429                                       mode efficiency as a percentage (%) at
                                           Attorney General and the Chairman of                                                                          the highest and lowest nameplate
                                                                                                     Administrative practice and                         output voltages, no-load mode power
                                           the Federal Trade Commission (FTC)                      procedure, Confidential business
                                           concerning the impact of the                                                                                  consumption in watts (W), nameplate
                                                                                                   information, Energy conservation,                     output power in watts (W) at the highest
                                           commercial or industry standards on                     Household appliances, Imports,
                                           competition.                                                                                                  and lowest nameplate output voltages,
                                                                                                   Reporting and recordkeeping                           and, if missing from the nameplate, the
                                              This final rule incorporates testing                 requirements.
                                           methods contained in the following                                                                            output current in amperes (A) at the
                                           standard: IEC Standard 62301                            10 CFR Part 430                                       highest and lowest nameplate output
                                           ‘‘Household electrical appliances—                        Administrative practice and                         voltages.
                                           Measurement of standby power.’’ It also                 procedure, Confidential business                         (iv) External power supplies that are
                                           incorporates a testing method developed                 information, Energy conservation,                     exempt from no-load mode
                                           by the State of California, section                     Household appliances, Imports,                        requirements under § 430.32(w)(1)(iii) of
                                           1604(u)(1) of the CEC 2007 Appliance                    Incorporation by reference,                           this chapter: A statement that the
                                           Efficiency Regulations. DOE has                         Intergovernmental relations, Small                    product is designed to be connected to
                                           evaluated these testing standards and                   businesses.                                           a security or life safety alarm or
                                           believes that the IEC standard was                                                                            surveillance system component, the
                                           developed in a manner that fully                          Issued in Washington, DC, on August 17,
                                                                                                   2015.
                                                                                                                                                         average active-mode efficiency as a
                                           provides for public participation,                                                                            percentage (%), the nameplate output
                                                                                                   Kathleen B. Hogan,
                                           comment, and review. Additionally,                                                                            power in watts (W), and if missing from
                                           DOE has consulted with the Attorney                     Deputy Assistant Secretary for Energy
                                                                                                                                                         the nameplate, the certification report
                                                                                                   Efficiency, Energy Efficiency and Renewable
                                           General and the Chairwoman of the FTC                                                                         must also include the output current in
                                                                                                   Energy.
                                           concerning the effect on competition of                                                                       amperes (A) of the basic model or the
                                           requiring manufacturers to use the test                   For the reasons stated in the                       output current in amperes (A) of the
                                           method in this standard and neither                     preamble, DOE amends parts 429 and                    highest- and lowest-voltage models
                                           objected to its incorporation.                          430 of Chapter II of Title 10, Code of                within the external power supply design
                                                                                                   Federal Regulations as set forth below:               family.
                                           M. Description of Materials
                                           Incorporated by Reference                               PART 429—CERTIFICATION,                               PART 430—ENERGY CONSERVATION
                                              In this final rule, DOE is updating the              COMPLIANCE, AND ENFORCEMENT                           PROGRAM FOR CONSUMER
                                           incorporation by reference of                           FOR CONSUMER PRODUCTS AND                             PRODUCTS
                                           International Electrotechnical                          COMMERCIAL AND INDUSTRIAL
                                           Commission (IEC) Standard 62301 (‘‘IEC                  EQUIPMENT                                             ■ 3. The authority citation for part 430
                                           62301’’), (Edition 2.0, 2011–01),                                                                             continues to read as follows:
                                           Household electrical appliances—                        ■ 1. The authority citation for part 429
                                                                                                   continues to read as follows:                           Authority: 42 U.S.C. 6291–6309; 28 U.S.C.
                                           Measurement of standby power, to add                                                                          2461 note.
                                           it to Appendix Z. This testing standard                     Authority: 42 U.S.C. 6291–6317.
                                           is an industry accepted test procedure                  ■ 2. Section 429.37 is amended by                     ■ 4. Section 430.2 is amended by adding
                                           that sets a standardized method to                      revising the section heading, and                     a definition for ‘‘Adaptive external
                                           follow when measuring the standby                       paragraph (b)(2) to read as follows:                  power supply (EPS)’’ in alphabetical
                                           power of household and similar                                                                                order to read as follows:
                                           electrical appliances. Included within                  § 429.37    External power supplies.
                                           this testing standard are the details                                                                         § 430.2    Definitions.
                                                                                                   *     *     *    *    *
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                                           regarding test set-up, testing conditions,                (b) * * *                                           *     *     *     *    *
                                           and stability requirements that are                       (2) * * *                                             Adaptive external power supply (EPS)
                                           necessary to help ensure consistent and                   (i) External power supplies: The                    means an external power supply that
                                           repeatable test results. Copies of this                 average active mode efficiency as a                   can alter its output voltage during
                                           testing standard are readily available                  percentage (%), no-load mode power                    active-mode based on an established
                                           from the IEC at https://webstore.iec.ch/                consumption in watts (W), nameplate                   digital communication protocol with the


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                                                             Federal Register / Vol. 80, No. 164 / Tuesday, August 25, 2015 / Rules and Regulations                                           51441

                                           end-use application without any user-                   1. Scope.                                             voltage shall be within ±1 percent of the
                                           generated action.                                         This appendix covers the test                       above specified voltage.
                                           *     *     *    *     *                                                                                         (iv) The input voltage source must be
                                                                                                   requirements used to measure the
                                                                                                                                                         capable of delivering at least 10 times
                                           ■ 5. Section 430.3 is amended by:                       energy consumption of direct operation
                                                                                                                                                         the nameplate input power of the UUT
                                           ■ a. Removing paragraph (l);                            external power supplies and indirect
                                                                                                                                                         as is specified in IEEE 1515–2000
                                           ■ b. Redesignating paragraphs (m)                       operation Class A external power
                                                                                                                                                         (Referenced for guidance only, see
                                           through (w) as paragraphs (l) through (v)               supplies subject to the energy
                                                                                                                                                         § 430.4). Regardless of the AC source
                                           respectively; and                                       conservation standards set forth at
                                                                                                                                                         type, the THD of the supply voltage
                                           ■ c. Revising newly redesignated                        § 430.32(w)(1).
                                                                                                                                                         when supplying the UUT in the
                                           paragraph (p)(4) to read as follows:                    2. Definitions                                        specified mode must not exceed 2%, up
                                           § 430.3 Materials incorporated by                       *      *    *    *    *                               to and including the 13th harmonic (as
                                           reference.                                                 f. Average Active-Mode Efficiency                  specified in IEC 62301). The peak value
                                           *      *     *     *    *                               means the average of the loading                      of the test voltage must be within 1.34
                                                                                                   conditions (100 percent, 75 percent, 50               and 1.49 times its RMS value (as
                                              (p) * * *
                                                                                                   percent, and 25 percent of its nameplate              specified in IEC 62301 (incorporated by
                                              (4) IEC 62301 (‘‘IEC 62301’’),
                                                                                                   output current) for which it can sustain              reference; see § 430.3)).
                                           Household electrical appliances—                                                                                 (v) Select all leads used in the test set-
                                           Measurement of standby power, (Edition                  the output current.
                                                                                                      g. IEC 62301 means the test standard               up as specified in Table B.2—
                                           2.0, 2011–01), IBR approved for                                                                               ‘‘Commonly used values for wire gages
                                           appendices C1, D1, D2, G, H, I, J2, N, O,               published by the International
                                                                                                   Electrotechnical Commission, titled                   and related voltage drops’’ in IEEE
                                           P, X, X1 and Z to subpart B.                                                                                  15152000.
                                           *      *     *     *    *                               ‘‘Household electrical appliances—
                                                                                                                                                            (b) * * *
                                                                                                   Measurement of standby power,’’
                                           ■ 6. Appendix Z to Subpart B of Part
                                                                                                   Publication 62301 (Edition 2.0 2011–01)               (i) Verifying Accuracy and Precision of
                                           430 is amended:                                         (incorporated by reference; see § 430.3).             Measuring Equipment
                                           ■ a. By adding introductory text to
                                                                                                   *      *    *    *    *                                  (A) Any power measurements
                                           Appendix Z.
                                           ■ b. By revising section 1., Scope.                     3. Test Apparatus and General                         recorded, as well as any power
                                           ■ c. In section 2, Definitions, by:                     Instructions                                          measurement equipment utilized for
                                                                                                                                                         testing, must conform to the uncertainty
                                           ■ i. Redesignating paragraphs f. through                   (a) Single-Voltage External Power                  and resolution requirements outlined in
                                           x. as paragraphs h. through z.; and                     Supply.                                               Section 4, ‘‘General conditions for
                                           ■ ii. Adding new paragraphs f. and g.                      (i) Any power measurements                         measurements’’, as well as Annexes B,
                                           ■ d. In section 3, Test Apparatus and                   recorded, as well as any power                        ‘‘Notes on the measurement of low
                                           General Instructions, by:                               measurement equipment utilized for                    power modes’’, and D, ‘‘Determination
                                           ■ i. Revising paragraphs (a) and                        testing, shall conform to the uncertainty             of uncertainty of measurement’’, of IEC
                                           (b)(i)(A);                                              and resolution requirements outlined in               62301 (incorporated by reference; see
                                           ■ ii. Removing and reserving paragraph                  Section 4, ‘‘General conditions for                   § 430.3).
                                           (b)(i)(B); and                                          measurements,’’ as well as Annexes B,                    (B) [Reserved]
                                           ■ iii. Removing paragraph (b)(i)(C).                    ‘‘Notes on the measurement of low                     *      *    *     *    *
                                           ■ e. In section 4, Test Measurement, by                 power modes,’’ and D, ‘‘Determination
                                           revising paragraphs (a)(i) and (ii).                    of uncertainty of measurement,’’ of IEC               4. Test Measurement
                                              The revisions and additions read as                  62301 (incorporated by reference; see                    (a) * * *
                                           follows:                                                § 430.3).
                                                                                                      (ii) As is specified in IEC 62301                  (i) Standby Mode and Active-Mode
                                           Appendix Z to Subpart B of Part 430—                                                                          Measurement.
                                                                                                   (incorporated by reference; see § 430.3),
                                           Uniform Test Method for Measuring the                                                                            (A) Any built-in switch in the UUT
                                                                                                   the tests shall be carried out in a room
                                           Energy Consumption of External Power                                                                          controlling power flow to the AC input
                                                                                                   that has an air speed close to the unit
                                           Supplies
                                                                                                   under test (UUT) of ≤0.5 m/s. The                     must be in the ‘‘on’’ position for this
                                              Starting on February 21, 2016, any                   ambient temperature shall be                          measurement, and note the existence of
                                           representations made with respect to the                maintained at 20 ± 5 °C throughout the                such a switch in the final test report.
                                           energy use or efficiency of external                    test. There shall be no intentional                   Test power supplies packaged for
                                           power supplies must be made in                          cooling of the UUT by use of separately               consumer use to power a product with
                                           accordance with the results of testing                  powered fans, air conditioners, or heat               the DC output cord supplied by the
                                           pursuant to this appendix. Prior to                     sinks. The UUT shall be tested on a                   manufacturer. There are two options for
                                           February 21, 2016, representations made                 thermally non-conductive surface.                     connecting metering equipment to the
                                           with respect to the energy use or                       Products intended for outdoor use may                 output of this type of power supply: Cut
                                           efficiency of external power supplies                   be tested at additional temperatures,                 the cord immediately adjacent to the DC
                                           must be made in accordance with this                    provided those are in addition to the                 output connector, or attach leads and
                                           appendix or Appendix Z as it appeared                   conditions specified above and are                    measure the efficiency from the output
                                           at 10 CFR part 430, subpart B, Appendix                 noted in a separate section on the test               connector itself. If the power supply is
                                           Z as contained in the 10 CFR parts 200                  report.                                               attached directly to the product that it
                                           to 499 edition revised as of January 1,                    (iii) If the UUT is intended for                   is powering, cut the cord immediately
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                                           2015. Because representations must be                   operation on AC line-voltage input in                 adjacent to the powered product and
                                           made in accordance with tests                           the United States, it shall be tested at              connect DC measurement probes at that
                                           conducted pursuant to this appendix as                  115 V at 60 Hz. If the UUT is intended                point. Any additional metering
                                           of February 21, 2016, manufacturers                     for operation on AC line-voltage input                equipment such as voltmeters and/or
                                           may wish to begin using this test                       but cannot be operated at 115 V at 60                 ammeters used in conjunction with
                                           procedure as soon as possible.                          Hz, it shall not be tested. The input                 resistive or electronic loads must be


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                                           51442               Federal Register / Vol. 80, No. 164 / Tuesday, August 25, 2015 / Rules and Regulations

                                           connected directly to the end of the                                    manufacturer must supply a connection                                              up an EPS for test; however, the actual
                                           output cable of the UUT. If the product                                 diagram or test fixture that will allow                                            test setup may vary pursuant to the
                                           has more than two output wires,                                         the testing laboratory to put the unit                                             requirements of this paragraph.
                                           including those that are necessary for                                  under test into active-mode. Figure 1
                                           controlling the product, the                                            provides one illustration of how to set




                                              (B) External power supplies must be                                  not be used to characterize the                                                    represent the efficiency of the finished
                                           tested in their final, completed                                        efficiency of the final product (once                                              external power supply.
                                           configuration in order to represent their                               enclosed in a case and fitted with a DC                                              (C) All single voltage external AC-DC
                                           measured efficiency on product labels                                   output cord). For example, a power                                                 power supplies have a nameplate output
                                           or specification sheets. Although the                                   supply manufacturer or component                                                   current. This is the value used to
                                           same procedure may be used to test the                                  manufacturer may wish to assess the                                                determine the four active-mode load
                                           efficiency of a bare circuit board power                                efficiency of a design that it intends to
                                           supply prior to its incorporation into a                                                                                                                   conditions and the no load condition
                                                                                                                   provide to an OEM for incorporation                                                required by this test procedure. The
                                           finished housing and the attachment of                                  into a finished external power supply,
                                           its DC output cord, the efficiency of the                                                                                                                  UUT shall be tested at the following
                                                                                                                   but these results may not be used to                                               load conditions:
                                           bare circuit board power supply may

                                                                                TABLE 1—LOADING CONDITIONS FOR A SINGLE-VOLTAGE UNIT UNDER TEST

                                                                                                                        Percentage of Nameplate Output Current

                                           Load   Condition   1   .................................................................................................................................    100% of Nameplate Output Current ±2%.
                                           Load   Condition   2   .................................................................................................................................    75% of Nameplate Output Current ±2%.
                                           Load   Condition   3   .................................................................................................................................    50% of Nameplate Output Current ±2%.
                                           Load   Condition   4   .................................................................................................................................    25% of Nameplate Output Current ±2%.
                                           Load   Condition   5   .................................................................................................................................    0%.



                                             The 2% allowance is of nameplate                                      procedure. For Loading Condition 5,                                                  2. If an external power supply cannot
                                           output current, not of the calculated                                   place the UUT in no-load mode,                                                     sustain output at one or more of loading
                                           current value. For example, a UUT at                                    disconnect any additional signal                                                   conditions 1–4 as specified in Table 1,
                                           Load Condition 3 may be tested in a                                     connections to the UUT, and measure                                                test the external power supply only at
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                                           range from 48% to 52% of rated output                                   input power.                                                                       the loading conditions for which it can
                                           current. Additional load conditions may                                    1. Where the external power supply                                              sustain output. In these cases, the
                                           be selected at the technician’s                                         lists both an instantaneous and                                                    average active mode efficiency is the
                                           discretion, as described in IEEE 1515–                                  continuous output current, test the                                                average of the loading conditions for
                                           2000 (Referenced for guidance only, see                                 external power supply at the continuous                                            which it can sustain the output.
                                                                                                                                                                                                                                                 ER25AU15.001</GPH>




                                           § 430.4), but are not required by this test                             condition only.


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                                                                Federal Register / Vol. 80, No. 164 / Tuesday, August 25, 2015 / Rules and Regulations                                                           51443

                                              (D) Test switch-selectable single-                            the UUT is considered stable and the                        input power (W) at that Load Condition.
                                           voltage external power supplies twice—                           measurements should be recorded at the                      The power consumption of Load
                                           once at the highest nameplate output                             end of the 5-minute period. Measure                         Condition 5 (no load) is equal to the AC
                                           voltage and once at the lowest.                                  subsequent load conditions under the                        input power (W) at that Load Condition.
                                              (E) Test adaptive external power                              same 5-minute stability parameters.                            (ii) Off-Mode Measurement—If the
                                           supplies twice—once at the highest                               Note that only one warm-up period of                        external power supply UUT
                                           achievable output voltage and once at                            30 minutes is required for each UUT at                      incorporates manual on-off switches,
                                           the lowest.                                                      the beginning of the test procedure. If                     place the UUT in off-mode, and measure
                                              (F) In order to load the power supply                         the AC input power is not stable over                       and record its power consumption at
                                           to produce all four active-mode load                             a 5-minute period, follow the guidelines                    ‘‘Load Condition 5’’ in Table 1. The
                                           conditions, use a set of variable resistive                      established by IEC 62301 for measuring                      measurement of the off-mode energy
                                           or electronic loads. Although these                              average power or accumulated energy                         consumption must conform to the
                                           loads may have different characteristics                         over time for both AC input and DC                          requirements specified in paragraph
                                           than the electronic loads power supplies                         output. Conduct efficiency                                  4(a)(i) of this appendix, except that all
                                           are intended to power, they provide                              measurements in sequence from Load                          manual on-off switches must be placed
                                           standardized and readily repeatable                              Condition 1 to Load Condition 5 as                          in the ‘‘off’’ position for the off-mode
                                           references for testing and product                               indicated in Table 1. If testing of                         measurement. The UUT is considered
                                           comparison. Note that resistive loads                            additional, optional load conditions is                     stable if, over 5 minutes with samples
                                           need not be measured precisely with an                           desired, that testing should be                             taken at least once every second, the AC
                                           ohmmeter; simply adjust a variable                               conducted in accordance with this test                      input power does not drift from the
                                           resistor to the point where the ammeter                          procedure and subsequent to                                 maximum value observed by more than
                                           confirms that the desired percentage of                          completing the sequence described                           1 percent or 50 milliwatts, whichever is
                                           nameplate output current is flowing. For                         above.                                                      greater. Measure the off-mode power
                                           electronic loads, adjust the desired                                (H) Calculate efficiency by dividing                     consumption of a switch-selectable
                                           output current in constant current (CC)                          the UUT’s measured DC output power at                       single-voltage external power supply
                                           mode rather than adjusting the required                          a given load condition by the true AC                       twice—once at the highest nameplate
                                           output power in constant power (CP)                              input power measured at that load                           output voltage and once at the lowest.
                                           mode.                                                            condition. Calculate average efficiency                     *       *    *     *     *
                                              (G) As noted in IEC 62301                                     as the arithmetic mean of the efficiency                    ■ 7. Section 430.32 is amended by
                                           (incorporated by reference; see § 430.3),                        values calculated at Test Conditions 1,                     adding paragraph (w)(1)(iii) to read as
                                           instantaneous measurements are                                   2, 3, and 4 in Table 1, and record this                     follows:
                                           appropriate when power readings are                              value. Average efficiency for the UUT is
                                           stable in a particular load condition.                           a simple arithmetic average of active-                      § 430.32 Energy and water conservation
                                           Operate the UUT at 100% of nameplate                             mode efficiency values, and is not                          standards and their compliance dates.
                                           current output for at least 30 minutes                           intended to represent weighted average                         (w) * * *
                                           immediately prior to conducting                                  efficiency, which would vary according                         (1)* * *
                                           efficiency measurements. After this                              to the duty cycle of the product                               (iii) Except as provided in paragraphs
                                           warm-up period, monitor AC input                                 powered by the UUT.                                         (w)(5), (w)(6), and (w)(7) of this section,
                                           power for a period of 5 minutes to                                  (I) Power consumption of the UUT at                      all external power supplies
                                           assess the stability of the UUT. If the                          each Load Condition 1–4 is the                              manufactured on or after February 10,
                                           power level does not drift by more than                          difference between the DC output power                      2016, shall meet the following
                                           5% from the maximum value observed,                              (W) at that Load Condition and the AC                       standards:

                                                                                                                                               Class A EPS                                        Non-Class A EPS

                                           Direct Operation EPS ...................................................   Level VI: 10 CFR 430.32(w)(1)(ii) ................................   Level VI: 10 CFR
                                                                                                                                                                                             430.32(w)(1)(ii).
                                           Indirect Operation EPS .................................................   Level IV: 10 CFR 430.32(w)(1)(i) .................................   No Standards.



                                           *       *       *        *       *                               DEPARTMENT OF TRANSPORTATION                                SUMMARY:   We are adopting a new
                                           [FR Doc. 2015–20717 Filed 8–24–15; 8:45 am]                                                                                  airworthiness directive (AD) for certain
                                           BILLING CODE 6450–01–P                                           Federal Aviation Administration                             Cessna Aircraft Company Model 500,
                                                                                                                                                                        501, 550, 551, S550, 560, and 650
                                                                                                            14 CFR Part 39                                              airplanes. This AD was prompted by
                                                                                                                                                                        reports of smoke and/or fire in the
                                                                                                            [Docket No. FAA–2014–1044; Directorate                      tailcone caused by sparking due to
                                                                                                            Identifier 2014–NM–148–AD; Amendment                        excessive wear of the brushes in the air
                                                                                                            39–18245; AD 2015–17–12]                                    conditioning (A/C) motor. This AD
                                                                                                                                                                        requires inspections to determine if
                                                                                                            RIN 2120–AA64                                               certain A/C compressor motors are
                                                                                                                                                                        installed and to determine the
Lhorne on DSK5TPTVN1PROD with RULES




                                                                                                            Airworthiness Directives; Cessna                            accumulated hours on certain A/C
                                                                                                            Aircraft Company Airplanes                                  compressor motor assemblies; and
                                                                                                            AGENCY:  Federal Aviation                                   repetitive replacement of the brushes in
                                                                                                            Administration (FAA), DOT.                                  the A/C compressor motor assembly, or,
                                                                                                                                                                        as an option to the brush replacement,
                                                                                                            ACTION: Final rule.
                                                                                                                                                                        deactivation of the A/C system and


                                      VerDate Sep<11>2014      15:04 Aug 24, 2015     Jkt 235001    PO 00000      Frm 00021    Fmt 4700    Sfmt 4700   E:\FR\FM\25AUR1.SGM        25AUR1



Document Created: 2018-02-23 11:02:25
Document Modified: 2018-02-23 11:02:25
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionRules and Regulations
ActionFinal rule.
DatesThe effective date of this rule is September 24, 2015.
ContactDirect requests for additional information may be sent to Mr. Jeremy Dommu, U.S. Department of Energy, Office of Energy Efficiency and Renewable Energy, Building Technologies Office, EE-2J, 1000 Independence Avenue SW., Washington, DC, 20585- 0121. Telephone: (202) 586-9870.
FR Citation80 FR 51424 
RIN Number1904-AD36
CFR Citation10 CFR 429
10 CFR 430
CFR AssociatedAdministrative Practice and Procedure; Confidential Business Information; Energy Conservation; Household Appliances; Imports; Reporting and Recordkeeping Requirements; Incorporation by Reference; Intergovernmental Relations and Small Businesses

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