81_FR_90044 81 FR 89806 - Energy Conservation Program: Test Procedure for Uninterruptible Power Supplies

81 FR 89806 - Energy Conservation Program: Test Procedure for Uninterruptible Power Supplies

DEPARTMENT OF ENERGY

Federal Register Volume 81, Issue 238 (December 12, 2016)

Page Range89806-89830
FR Document2016-28972

The U.S. Department of Energy (DOE) is revising its battery charger test procedure established under the Energy Policy and Conservation Act of 1975, as amended. These revisions will add a discrete test procedure for uninterruptible power supplies (UPSs) to the current battery charger test procedure.

Federal Register, Volume 81 Issue 238 (Monday, December 12, 2016)
[Federal Register Volume 81, Number 238 (Monday, December 12, 2016)]
[Rules and Regulations]
[Pages 89806-89830]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-28972]



[[Page 89805]]

Vol. 81

Monday,

No. 238

December 12, 2016

Part V





Department of Energy





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 10 CFR Parts 429 and 430





Energy Conservation Program: Test Procedure for Uninterruptible Power 
Supplies; Final Rule

Federal Register / Vol. 81 , No. 238 / Monday, December 12, 2016 / 
Rules and Regulations

[[Page 89806]]


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DEPARTMENT OF ENERGY

10 CFR Parts 429 and 430

[Docket No. EERE-2016-BT-TP-0018]
RIN 1904-AD68


Energy Conservation Program: Test Procedure for Uninterruptible 
Power Supplies

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

ACTION: Final rule.

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SUMMARY: The U.S. Department of Energy (DOE) is revising its battery 
charger test procedure established under the Energy Policy and 
Conservation Act of 1975, as amended. These revisions will add a 
discrete test procedure for uninterruptible power supplies (UPSs) to 
the current battery charger test procedure.

DATES: The effective date of this rule is January 11, 2017. The final 
rule changes will be mandatory for representations starting June 12, 
2017. The incorporation by reference of certain publications listed in 
this rule is approved by the Director of the Federal Register on 
January 11, 2017.

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 www.regulations.gov. 
All documents in the docket are listed in the www.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 https://www.regulations.gov/docket?D=EERE-2016-BT-TP-0018. The docket 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 the 
Appliance and Equipment Standards Program staff at (202) 586-6636 or by 
email: [email protected].

FOR FURTHER INFORMATION CONTACT: Jeremy Dommu, U.S. Department of 
Energy, Office of Energy Efficiency and Renewable Energy, Building 
Technologies Office, EE-5B, 1000 Independence Avenue SW., Washington, 
DC 20585-0121. Telephone: (202) 586-9870. Email: 
[email protected].
    Pete Cochran, U.S. Department of Energy, Office of the General 
Counsel, GC-71, 1000 Independence Avenue SW., Washington, DC 20585-
0121. Telephone: (202) 586-9496. Email: [email protected].

SUPPLEMENTARY INFORMATION: This final rule incorporates by reference 
the following industry standards into 10 CFR part 430:
    1. ANSI/NEMA WD 6-2016, ``Wiring Devices--Dimensional 
Specifications'', ANSI approved February 11, 2016, Figure 1-15 and 
Figure 5-15.
    Copies of ANSI/NEMA WD 6-2016 can be obtained from American 
National Standards Institute, 25 W. 43rd Street, 4th Floor, New York, 
NY 10036, 212-642-4900, or by going to http://www.ansi.org
    2. IEC 62040-3, ``Uninterruptible power systems (UPS)--Part 3: 
Methods of specifying the performance and test requirements,'' Edition 
2.0, 2011-03, Section 5.2.1, Clause 5.2.2.k, Clause 5.3.2.d, Clause 
5.3.2.e, Section 5.3.4, Section 6.2.2.7, Section 6.4.1 (except 6.4.1.3, 
6.4.1.4, 6.4.1.5, 6.4.1.6, 6.4.1.7, 6.4.1.8, 6.4.1.9 and 6.4.1.10), 
Annex G, and Annex J.
    Copies of the IEC 62040-3 Ed. 2.0 standard are available from the 
American National Standards Institute, 25 W. 43rd Street, 4th Floor, 
New York, NY 10036, or at http://webstore.ansi.org/.
    For further discussion of these standards, see section IV.N.

Table of Contents

I. Authority and Background
II. Synopsis of the Final Rule
III. Discussion
    A. Covered Products and Scope
    B. Existing Test Procedures and Standards Incorporated by 
Reference
    C. Definitions
    1. Reference Test Load
    2. Uninterruptible Power Supply
    3. Input Dependency
    4. Normal Mode
    D. Test Conditions
    1. Accuracy and Precision of Measuring Equipment
    2. Environmental Conditions
    3. Input Voltage and Frequency
    E. Battery Configuration
    F. Product Configuration
    G. Average Power and Efficiency Calculation
    1. Average Power
    2. Efficiency
    H. Output Metric
    I. Effective Date of and Compliance With Test Procedure
    J. Sampling Plan for Determination of Certified Rating
    K. Certification Reports
    L. Sample Represented Value Derivation
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
    M. Congressional Notification
    N. Description of Materials Incorporated by Reference
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, ``the Act'') sets forth a variety of 
provisions designed to improve energy efficiency.\1\ Part B \2\ of 
title III, established the Energy Conservation Program for Consumer 
Products Other Than Automobiles. Battery chargers are among the 
consumer products affected by these provisions. (42 U.S.C. 6295(u))
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    \1\ All references to EPCA refer to the statute as amended 
through the Energy Efficiency Improvement Act, Public Law 114-11 
(April 30, 2015).
    \2\ For editorial reasons, Part B was redesignated as Part A 
upon incorporation into the U.S. Code (42 U.S.C. 6291-6309, as 
codified).
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    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.

General Test Procedure Rulemaking Process

    Under 42 U.S.C. 6293, EPCA sets forth the criteria and procedures 
DOE must follow when prescribing or amending test procedures for 
covered products. EPCA provides in relevant part that any test 
procedures prescribed or amended under this section shall be reasonably 
designed to produce test results which

[[Page 89807]]

measure energy efficiency, energy use or estimated annual operating 
cost of a covered product during a representative average use cycle or 
period of use and shall not be unduly burdensome to conduct. (42 U.S.C. 
6293(b)(3))
    In addition, if DOE determines that a test procedure amendment is 
warranted, it must publish proposed test procedures and offer the 
public an opportunity to present oral and written comments on them. (42 
U.S.C. 6293(b)(2)) Finally, in any rulemaking to amend a test 
procedure, DOE must determine to what extent, 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))

Background

    DOE previously published a notice of proposed rulemaking (NOPR) on 
March 27, 2012, regarding energy conservation standards for battery 
chargers and external power supplies (March 2012 NOPR) in which it 
proposed standards for battery chargers, including uninterruptible 
power supplies (UPSs). 77 FR 18478.
    Following the publication of this March 2012 NOPR, DOE explored 
whether to regulate UPSs as ``computer systems.'' See, e.g., 79 FR 
11345 (Feb. 28, 2014) (proposed coverage determination); 79 FR 41656 
(July 17, 2014) (computer systems framework document). DOE received a 
number of comments in response to those documents (and the related 
public meetings) regarding testing of UPSs, which are discussed in the 
May 2016 NOPR. DOE also received questions and requests for 
clarification regarding the testing, rating, and classification of 
battery chargers.
    As part of the continuing effort to establish federal energy 
conservation standards for battery chargers and to develop a clear and 
widely applicable test procedure, DOE published a notice of data 
availability (May 2014 NODA) on May 15, 2014. 79 FR 27774. This NODA 
sought comments from stakeholders concerning the repeatability of the 
test procedure when testing battery chargers with several consumer 
configurations, and concerning the future market penetration of new 
battery charging technologies that may require revisions to the battery 
charger test procedure. DOE also sought comments on the reporting 
requirements for manufacturers attempting to comply with the California 
Energy Commission's (CEC's) efficiency standards for battery chargers 
in order to understand certain data discrepancies in the CEC database. 
These issues were discussed during DOE's May 2014 NODA public meeting 
on June 3, 2014.
    Based upon discussions from the May 2014 NODA public meeting and 
written comments submitted by various stakeholders, DOE published a 
NOPR (August 2015 NOPR) to revise the current battery charger test 
procedure. 80 FR 46855 (Aug. 6, 2015). DOE received a number of 
stakeholder comments on the August 2015 NOPR and the computer systems 
framework document regarding regulation of battery chargers including 
UPSs. After considering these comments, DOE reconsidered its position 
and found that because a UPS meets the definition of a battery charger, 
it is more appropriate to regulate UPSs as part of the battery charger 
rulemaking. Therefore, DOE issued the May 2016 NOPR, which proposed to 
add a discrete test procedure for UPS to the existing battery charger 
test procedure. This final rule adopts the proposals discussed in the 
May 2016 NOPR, along with revisions suggested by stakeholder comments.

II. Synopsis of the Final Rule

    This final rule adds provisions for testing UPSs to the battery 
charger test procedure. Specifically, DOE is incorporating by reference 
specific sections of the IEC 62040-3 Ed. 2.0 standard, with additional 
instructions, into the current battery charger test procedure published 
at appendix Y to subpart B of 10 CFR part 430. This final rule also 
adds formal definitions of uninterruptible power supply, voltage and 
frequency dependent UPS, voltage independent UPS, voltage and frequency 
independent UPS, energy storage system, normal mode and reference test 
load to appendix Y to subpart B of 10 CFR part 430 and revises the 
compliance certification requirements for battery chargers published at 
10 CFR 429.39. Table II.1 shows the significant changes since the May 
2016 NOPR.

               Table II.1--Summary of Significant Changes
------------------------------------------------------------------------
          Sections                May 2016 NOPR          Final rule
------------------------------------------------------------------------
429.39......................   Proposed a    Adopted the
                               sampling plan for     proposed sampling
                               compliance            plan for compliance
                               certification based   certification based
                               on the test results   on the test results
                               of at least 2 units   of at least 2 units
                               per basic model.      per basic model.
                                                     Also added option
                                                     for manufacturers
                                                     to certify
                                                     compliance based on
                                                     the test results of
                                                     a single unit per
                                                     basic model.
1. Scope....................   Proposed      Adopted
                               scope covered all     scope covers all
                               products that met     products that meet
                               the proposed          the adopted
                               definition of a UPS   definition of UPS,
                               and have an AC        utilize a NEMA 1-
                               output.               15P or 5-15P input
                                                     plug and have an AC
                                                     output.
2. Definitions..............   ``Voltage     ``Voltage
                               and frequency         and frequency
                               independent UPS or    independent UPS or
                               VFI UPS means a UPS   VFI UPS means a UPS
                               where the device      where the device
                               remains in normal     remains in normal
                               mode producing an     mode producing an
                               AC output voltage     AC output voltage
                               and frequency that    and frequency that
                               is independent of     is independent of
                               input voltage and     input voltage and
                               frequency             frequency
                               variations and        variations and
                               protects the load     protects the load
                               against adverse       against adverse
                               effects from such     effects from such
                               variations without    variations without
                               depleting the         depleting the
                               stored energy         stored energy
                               source. The input     source.''
                               voltage and
                               frequency
                               variations through
                               which the UPS must
                               remain in normal
                               mode is as follows:
                              (1)  10%  ....................
                               of the rated input
                               voltage or the
                               tolerance range
                               specified by the
                               manufacturer,
                               whichever is
                               greater; and
                              (2)  2%   ....................
                               of the rated input
                               frequency or the
                               tolerance range
                               specified by the
                               manufacturer,
                               whichever is
                               greater.''

[[Page 89808]]

 
                               ``Voltage     ``Voltage
                               independent UPS or    independent UPS or
                               VI UPS means a UPS    VI UPS means a UPS
                               that produces an AC   that produces an AC
                               output within a       output within a
                               specific tolerance    specific tolerance
                               band that is          band that is
                               independent of        independent of
                               under-voltage or      under-voltage or
                               over-voltage          over-voltage
                               variations in the     variations in the
                               input voltage         input voltage. The
                               without depleting     output frequency of
                               the stored energy     a VI UPS is
                               source. The output    dependent on the
                               frequency of a VI     input frequency,
                               UPS is dependent on   similar to a
                               the input             voltage and
                               frequency, similar    frequency dependent
                               to a voltage and      system.''
                               frequency dependent
                               system.''
4. Testing Requirements for    Proposed      Adopted
 Uninterruptible Power         that the average      that the average
 Supplies.                     power can be          power can only be
                               calculated either     calculated using
                               using accumulated     instantaneous
                               energy or             power.
                               instantaneous power.
                               Proposed      Adopted
                               that efficiency can   that efficiency can
                               only be calculated    be calculated from
                               from average power.   average power or
                                                     accumulated energy.
------------------------------------------------------------------------

III. Discussion

    In response to the May 2016 NOPR, DOE received written comments 
from six interested parties, including manufacturers, trade 
associations, energy efficiency advocacy groups, and a foreign 
government.
    Table III.1 lists the entities that commented on the May 2016 NOPR 
and their affiliation. These comments are discussed in further detail 
below, and the full set of comments can be found at: https://www.regulations.gov/docketBrowser?rpp=25&so=DESC&sb=commentDueDate&po=0&dct=PS&D=EERE-2016-BT-TP-0018

               Table III.1--Interested Parties That Provided Written Comments on the May 2016 NOPR
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                                                                                                    Comment No.
                Commenter                           Acronym               Organization type/          (docket
                                                                              affiliation           reference)
----------------------------------------------------------------------------------------------------------------
ARRIS Group, Inc........................  ARRIS.....................  Manufacturer..............            0004
Information Technology Industry Council.  ITI.......................  Trade Association.........            0007
National Electrical Manufacturers         NEMA......................  Trade Association.........            0008
 Association.
Natural Resources Defense Council,        NRDC, et al...............  Energy Efficiency                     0006
 Appliance Standards Awareness Project,                                Advocates.
 Northwest Energy Efficiency Alliance,
 Alliance to Save Energy, and American
 Council for an Energy Efficient Economy.
People's Republic of China..............  P. R. China...............  Foreign Government........            0009
Schneider Electric......................  Schneider Electric........  Manufacturer..............            0005
----------------------------------------------------------------------------------------------------------------

    A number of interested parties also provided oral comments at the 
June 9, 2016, public meeting. These comments can be found in the public 
meeting transcript (Pub. Mtg. Tr.), which is available on the docket.

A. Covered Products and Scope

    In the May 2016 NOPR, DOE proposed that all products that meet the 
proposed definition of UPS and have an AC output will be subject to the 
testing requirements of the proposed test procedure. 81 FR 31545. 
During the public meeting held on June 9, 2016, to discuss the May 2016 
NOPR, Schneider Electric called the proposed scope broad and argued 
that the proposed scope covers UPSs that can operate at power levels 
beyond the standard household power plugs. (Schneider Electric, Pub. 
Mtg. Tr., No. 0003, EERE-2016-BT-TP-0018, pp. 16-17) Schneider Electric 
claimed that voltage and frequency dependent (VFD) UPSs exist in a 
consumer environment, voltage independent (VI) UPSs may exist in a 
consumer environment and voltage and frequency independent (VFI) UPSs 
do not exist in a consumer environment and requested that DOE update 
the proposed scope of the test procedure to represent what consumers 
are purchasing. (Schneider Electric, Pub. Mtg. Tr., No. 0003, EERE-
2016-BT-TP-0018, pp. 29-30) NEMA requested that DOE adopt the standard 
wall plug requirement (12A at 115V) in the scope to differentiate 
consumer UPSs from commercial UPSs. (NEMA, Pub. Mtg. Tr., No. 0003, 
EERE-2016-BT-TP-0018, p. 22) Further, as part of written stakeholder 
comments, Schneider Electric expressed concern that DOE's definition of 
consumer products is inadequate to describe the scope of products that 
DOE intends to regulate. The range of products within the scope of the 
definition of consumer products will be much broader than consumer 
products in the marketplace and will include commercial and industrial 
applications that are not found in residences due to size and other 
criteria. (Schneider Electric, No. 0005, EERE-2016-BT-TP-0018, p. 1) 
Schneider Electric requested that DOE identify and add indicators to 
differentiate consumer products from commercial products, such as 
pluggable Type A equipment as defined by the IEC 60950-1 standard, to 
the scope. It reasoned that assumptions regarding covered versus non-
covered products can result in significant effort and expense wasted 
redesigning non-covered products or result in significant fines for 
failing to redesign products mistakenly and unintentionally thought to 
be out of scope. Schneider Electric requested that DOE add the North 
American residential mains power, single phase requirement of no more 
than 12A to the scope and remove all rack mounted or rack mountable 
UPSs and UPSs that require multiphase power from the scope. (Schneider 
Electric, No. 0005, EERE-2016-BT-TP-0018, p. 5) Schneider Electric 
further pointed out that the proposed load weightings table refers to 
UPSs with output powers greater than 1500W, which could include UPSs 
that are not specifically targeted for consumers. According to 
Schneider Electric, UPSs greater than

[[Page 89809]]

1500W are consistently targeted at commercial and industrial 
applications and DOE's attempt to regulate them is not justified by the 
scope of EPCA or the Energy Independence and Security Act of 2007 
(EISA). Schneider Electric explained that the proposed scope can cause 
UPSs that are not intended to be distributed to consumer or in 
residential applications to be included within the scope of the test 
procedure, inflating savings for the DOE that are clearly not consumer 
based. In addition, this causes undue burden on the industry to test 
devices which were not intended for consumer applications, but may fall 
within the scope. (Schneider Electric, No. 0005, EERE-2016-BT-TP-0018, 
p. 8) NEMA requested that DOE narrow the scope of the proposed test 
procedure by adding the following parameters: non-rack mounted, FCC 
Class B compliant, 12A at 120 V or less, whose input characteristics 
are either VFD or VI. NEMA argued that products outside these 
parameters are commercial in nature or have power consumption and 
electrical characteristics which place them outside the use in typical 
consumer environments. (NEMA, No. 0008, EERE-2016-BT-TP-0018, p. 4)
    DOE had also solicited comments from stakeholders on the use of 
product characteristics, such as capacity, to narrow the scope of 
coverage and differentiate between consumer and commercial UPSs in the 
computer and battery backup systems framework document published on 
July 11, 2014 where DOE explored whether to regulate UPSs as part of 
that rulemaking. ITI noted that personal computers are powered using 
single residential/office outlet, 5-15 amperes (A) typically. (ITI, No. 
0010, EERE-2014-BT-STD-0025, p. 2) ITI also commented that UPSs at home 
do not utilize multiphase voltage and the maximum amperage of a single 
device on a single branch circuit should be less than or equal to 80 
percent of the circuit amperage the limit for which is 15A according to 
the National Electrical Code (NEC). (ITI, No. 0010, EERE-2014-BT-STD-
0025, p. 11). Schneider Electric noted that run-time and battery 
capacity of the UPS would be inappropriate as a differentiator since 
commercial and consumer customers may have similar needs but that 
consumer (residential) applications do not exist in excess of 120V and 
that the NEC defines residential circuitry amperage limit for a single 
branch to be 15 Amps. (Schneider Electric, No 0008, EERE-2014-BT-STD-
0025, p. 8). The Natural Resources Defense Council (NRDC), The 
Appliance Standard Awareness Project (ASAP), American Council for an 
Energy-Efficient Economy (ACEEE), Consumer Federation of America, 
Consumers Union, Northeast Energy Efficiency Partnerships (NEEP), and 
Northwest Energy Efficiency Alliance (NEEA) (hereafter referred to as 
Joint Responders) also agreed with the use of residential power 
circuits for differentiating consumer from commercial UPSs, but 
discouraged the use of a standard wall plug as it would eliminate UPSs 
capable of running on 240V 3-phase receptacles. (Joint Responders, No. 
0013, EERE-2014-BT-STD-0025, p. 6)
    In response to Schneider Electric's comment regarding the 
definition of consumer product, DOE notes that the definition of this 
term in 10 CFR 430.2 is the same as that set forth by Congress in EPCA. 
(42 U.S.C. 6291(1)) Further, in the May 2016 NOPR, DOE found that UPSs 
meet the definition of battery charger and proposed to define UPS as 
``a battery charger consisting of a combination of convertors, switches 
and energy storage devices, constituting a power system for maintaining 
continuity of load power in case of input power failure.'' Battery 
chargers are a type of consumer product, defined in EPCA, for which the 
statute directs DOE to prescribe test procedures. (42 U.S.C. 6295(u)) 
Therefore, necessarily, the scope of the battery charger test 
procedure, which includes UPSs, only applies to consumer products.
    Nonetheless, after considering stakeholder comments regarding the 
proposed scope, DOE agrees with NEMA, ITI and Schneider Electric's 
suggestion that the scope of the test procedure need not include 
products typically used in a commercial or industrial environment. 
Accordingly, DOE is limiting the scope of the test procedure to UPSs 
that utilize a standard NEMA 1-15P and 5-15P wall plugs. NEMA 1-15P and 
5-15P input plugs are designed to mate with NEMA 1-15R and 5-15R 
receptacles as specified in ANSI/NEMA WD 6-2016. These receptacles are 
the most commonly found outlets in U.S. households with limited use in 
products designed to exclusively operate in commercial or industrial 
environments because of their restrictive power handling capability. 
Specifying NEMA 1-15P and 5-15P plugs in defining the scope of this 
test procedure also avoids the need for DOE to further add power 
constraints as these plugs are only capable of handling up to 15A of 
current at 125V, which limits their maximum power handling capability 
to 1875W. DOE is therefore adding the NEMA 1-15P and 5-15P input plug 
requirement by incorporating by reference ANSI/NEMA WD 6-2016 standard 
into section 1, ``Scope'', of appendix Y to subpart B of 10 CFR part 
430. Hence, any product that meets the definition of a UPS, utilizes a 
NEMA 1-15P or 5-15P input plug, and has an AC output is covered under 
the testing requirements being adopted in this final rule.
    Schneider Electric also inquired whether specific or all DC output 
UPSs are excluded from the proposed scope of the test procedure, and if 
the proposed scope includes hybrid AC/DC UPSs, UPSs with DC charging, 
and UPSs with USB ports. (Schneider Electric, Pub. Mtg. Tr., No. 0003, 
EERE-2016-BT-TP-0018, pp. 16-17, 20) (Schneider Electric, No. 0005, 
EERE-2016-BT-TP-0018, p. 6) Schneider Electric also requested 
clarification on whether UPSs that do not have an AC output socket or 
UPSs that do not provide the full power rating through the AC output 
socket are excluded from the proposed scope. (Schneider Electric, Pub. 
Mtg. Tr., No. 0003, EERE-2016-BT-TP-0018, p. 32) Lastly, Schneider 
Electric inquired whether the USB ports of a UPS be loaded or unloaded 
during testing. (Schneider Electric, Pub. Mtg. Tr., No. 0003, EERE-
2016-BT-TP-0018, p. 20)
    DOE clarifies that all products that meet the definition of UPS, 
utilize a NEMA 1-15P or 5-15P input plug, and have AC output(s) are 
included in scope under the testing requirements of this final rule. 
This includes UPSs with AC output(s) as well as additional DC output(s) 
such as but not limited to USB port(s). Similarly, hybrid AC/DC output 
UPSs are also included in scope under the testing requirements of this 
final rule. All DC output port(s) of an AC output UPS must be unloaded 
during testing. DOE is adding specific language in section 4.2.1, which 
is being added to appendix Y to subpart B of 10 CFR part 430 to 
highlight this setup requirement. Further, it is DOE's understanding 
and intention that the term ``AC output socket'' of a UPS refers to any 
port capable of providing the full or partial rated output power of the 
UPS as AC. The scope is not limited to UPSs with standardized NEMA 
receptacles. Therefore, all UPSs that utilize NEMA 1-15P or 5-15P input 
plugs and have an AC output are included in the scope of this final 
rule.
    Schneider Electric also inquired if UPSs with ultra-capacitors, 
flywheels and storage technologies other than batteries are covered 
under the proposed scope. (Schneider Electric, Pub. Mtg. Tr., No. 0003, 
EERE-2016-BT-TP-0018, p. 31) DOE notes that UPSs are a subset of 
battery chargers. A

[[Page 89810]]

product that does not meet the definition of a battery charger as 
stated in 10 CFR 430.2 is excluded from the scope of the UPS test 
procedure being adopted today. Because ultra-capacitor, flywheels, or 
storage technologies other than batteries do not meet the definition of 
a battery as stated in section 2.6 of appendix Y to subpart B of 10 CFR 
part 430, DOE concludes that UPSs that use ultra-capacitor, flywheels, 
or storage technologies other than batteries as their energy storage 
system also do not meet the definition of battery charger and therefore 
are excluded from the scope of the UPS test procedure.
    ARRIS submitted written comments arguing that products such as 
modems that use a battery exclusively for back-up power have 
architectures that would fit within the standard IEC 62040-3 Ed. 2.0 
definition of a UPS which states that ``uninterruptible power supply or 
UPS means a combination of convertors, switches and energy storage 
devices (such as batteries), constituting a power system for 
maintaining continuity of load power in case of input power failure''. 
ARRIS highlighted that a simple addition to this definition to reflect 
that the load power is provided to external devices would provide 
clarity and help differentiate covered UPSs from other products with a 
battery exclusively for back-up purposes, which only provide continuity 
of power internally to the product. (ARRIS, No. 0004, EERE-2016-BT-TP-
0018, pp. 2-3) Lastly, ARRIS highlighted that considering a product's 
typical use also helps differentiate UPS products that provide AC 
output from other products with a back-up battery that have typical 
uses such as lighting, medical, security, networking equipment, etc. 
(ARRIS, No. 0004, EERE-2016-BT-TP-0018, p. 4)
    DOE agrees with ARRIS that the definition of a UPS may cover 
certain back-up battery chargers; however, the current battery charger 
test procedure specifically defines and excludes back-up battery 
chargers from its scope. Therefore, certain back-up battery chargers 
such as those found in cable modems that may meet the definition of a 
UPS will continue to be excluded from the battery charger test 
procedure. Additionally, DOE's proposed scope as stated in section 1 of 
appendix Y to subpart B of 10 CFR part 430 is limited to UPSs with an 
AC output. (81 FR 31554) Even if a back-up battery charger meets the 
definition of a UPS, DOE is not aware of any such back-up battery 
charger that has an AC output. Therefore limiting the scope to only 
UPSs with an AC output further prevents the applicability of this test 
procedure to the type of backup battery charger that is of concern to 
ARRIS. DOE also does not consider a product's typical use an effective 
way of prescribing the scope of a rulemaking as this leaves significant 
room for interpretation. With the added requirement of NEMA 1-15P and 
5-15P input plugs, the adopted scope of UPS test procedure is 
definitive and unambiguous.
    P. R. China highlighted that Appendix J.2 of IEC 62040-3 Ed. 2.0 
standard does not apply to products with output power of less than or 
equal to 0.3 kilo Volt-Amperes (kVa) and requested DOE to make the 
proposed test method consistent with the IEC 62040-3 Ed. 2.0 standard 
by excluding UPSs with output power of less than or equal to 0.3 kVa. 
(P. R. China, No. 0009, EERE-2016-BT-TP-0018, p. 3) While Annex I of 
the IEC 62040-3 Ed. 2.0 standard prescribes efficiencies for UPSs rated 
above 0.3 kVA, the actual conditions and methods for determining the 
efficiency of a UPS stated in Annex J of the IEC 62040-3 Ed. 2.0 
standard does not have any scope restrictions as claimed by P. R. China 
and are applicable to UPSs rated below 0.3 kVA. Additionally, DOE does 
not have any data to indicate that UPSs with output power of less than 
or equal to 0.3 kVA are any different in design than those above 0.3kVA 
such that this test method would not accurately capture their energy 
performance. Therefore, DOE is not excluding UPSs with output power of 
less than or equal to 0.3 kVA from the scope of the UPS test procedure.

B. Existing Test Procedures and Standards Incorporated by Reference

    In the May 2016 NOPR, DOE proposed to add specific testing 
provisions for UPSs in the battery charger test procedure, because the 
specifications in the current battery charger test procedure are not 
appropriate for UPSs. The current battery charger test procedure 
measures energy consumption of a battery charger as it charges a fully 
discharged battery, which is inappropriate for a UPS because a UPS 
rarely has a fully discharged battery. The majority of the time a UPS 
provides a small amount of charge necessary to maintain fully charged 
batteries and also delivers power to a connected load. Therefore, in 
order to accurately capture the energy consumption and energy 
efficiency of the normal operation of a UPS, the test procedure should 
measure the energy consumption of maintaining a fully charged battery 
and conversion losses associated with delivering load power. 81 FR 
31545.
    Schneider Electric appreciated that DOE has agreed with and 
supports the industry's position that UPSs operate differently than 
most battery chargers. (Schneider Electric, No. 0005, EERE-2016-BT-TP-
0018, p. 2) NEMA agreed with the establishment of a test procedure for 
UPSs, consistent with NEMA's comments cited by DOE in the May 2016 
NOPR. (NEMA, No. 0008, EERE-2016-BT-TP-0018, p. 3) NEMA also agreed 
with DOE's conclusion that measuring the energy use of a UPS in normal 
mode effectively captures the energy used during the entirety of the 
time that a UPS is connected to mains power. (NEMA, No. 0008, EERE-
2016-BT-TP-0018, p. 6) Further, ARRIS also supported DOE's conclusion 
that the current battery charger test procedure does not represent 
typical use of a UPS and reiterated that the current battery charger 
test procedure does not work well for continuous use products that 
include a battery exclusively for back-up purposes. (ARRIS, No. 0004, 
EERE-2016-BT-TP-0018, p. 3)
    To measure the energy consumption of a UPS during normal mode, DOE 
proposed to incorporate by reference Section 6 and Annex J of IEC 
62040-3 Ed. 2.0 in the battery charger test procedure. 81 FR 31546.
    Schneider Electric supported incorporation by reference of the IEC 
62040-3 Ed. 2.0 standard without DOE's proposed changes in the battery 
charger test procedure and provided an advanced notice that the IEC 
62040-3 Ed. 2.0 standard is under maintenance and anticipated to be 
revised over the next 2 years. (Schneider Electric, No. 0005, EERE-
2016-BT-TP-0018, p. 1) However, NEMA highlighted that there are 
presently no planned changes to the IEC 62040-3 Ed. 2.0 standard that 
would affect the manner in which a UPS is tested for efficiency. (NEMA, 
No. 0008, EERE-2016-BT-TP-0018, p. 3)
    In light of these stakeholder comments, DOE is finalizing the 
incorporation by reference of Section 6 and Annex J of IEC 62040-3 Ed. 
2.0 in the battery charger test procedure. Additionally, DOE will 
monitor the revision of the IEC 62040-3 standard and consider, once 
these revisions are complete, whether to initiate a new test procedure 
rulemaking to consider incorporating the latest version.

C. Definitions

    In the May 2016 NOPR, DOE proposed to include the following 
definitions, in section 2 of appendix Y to subpart B of 10 CFR part 
430. DOE requested stakeholder comments on all proposed definitions, 
which are discussed in the following subsections:

[[Page 89811]]

1. Reference Test Load
    DOE proposed the following definition for reference test load: 
``Reference test load is a load or condition with a power factor of 
greater than 0.99 in which the AC output socket of the UPS delivers the 
active power (W) for which the UPS is rated.'' 81 FR 31554. NRDC, et 
al. argued that a resistive reference test load (power factor greater 
than or equal to 0.99) may not be representative of common UPS 
applications such as desktop computers. NRDC, et al. provided data to 
show that the power factor of a non-ENERGY STAR desktop computer 
without power factor correcting functionality can be quite low and 
urged DOE to evaluate the potential differences in UPS efficiency when 
serving loads with different power factors including non-linear loads 
that are more representative of computers and other typical UPS 
applications. If the difference in measured efficiency between 
different load types is significant, NRDC, et al. requested that DOE 
specify a reference test load that is more representative of common 
applications, particularly for VFD UPS which commonly serve loads with 
low power factors. (NRDC, et al., No. 0006, EERE-2016-BT-TP-0018, p. 2-
3)
    The proposed power factor requirement of reference test load aligns 
with ENERGY STAR UPS V. 1.0 and the IEC 62040-3 Ed. 2.0 standard, which 
are extensively supported by the UPS industry. DOE is refraining from 
adopting a reference test load with a power factor that differs from 
that of ENERGY STAR UPS V. 1.0 or the IEC 62040-3 Ed. 2.0 because DOE 
does not have enough market information to assess the impact of such a 
divergence from ENERGY STAR UPS V. 1.0 and IEC 62040-3 Ed. 2.0. 
Therefore, DOE is adopting the proposed reference test load in this 
final rule. DOE will continue to monitor the UPS market and may 
consider adopting other reference test loads in future rulemakings.
2. Uninterruptible Power Supply
    DOE proposed the following definition for UPS: ``Uninterruptible 
power supply or UPS means a battery charger consisting of a combination 
of convertors, switches and energy storage devices, constituting a 
power system for maintaining continuity of load power in case of input 
power failure.'' 81 FR 31554. Schneider Electric disagreed with the 
proposed definition of UPS. Schneider Electric argued that the proposed 
definition of UPS implies that the primary function of a UPS is to 
charge batteries, and asserted that the primary functions of a UPS are 
wave shaping, power conditioning, assuring the quality of power, 
measuring the quality of power on a continual basis, detecting mains 
power drop out, communicating the status, and reporting abnormal 
conditions through networked ports. Schneider Electric stated that UPSs 
only charge batteries intermittently and in some cases charge batteries 
after a few days or weeks. (Schneider Electric, Pub. Mtg. Tr., No. 
0003, EERE-2016-BT-TP-0018, pp. 15-16; Schneider Electric, No. 0005, 
EERE-2016-BT-TP-0018, p. 3) Lastly, Schneider Electric argued that 
DOE's proposed definition of UPS may have major implications on the 
market and the product in the marketplace and requested that DOE adopt 
the definition of UPS from the IEC 62040-3 Ed. 2.0 standard. (Schneider 
Electric, No. 0005. EERE-2016-BT-TP-0018, p. 3; Schneider Electric, 
Pub. Mtg. Tr., No. 0003, EERE-2016-BT-TP-0018, p. 19) Similarly, NEMA 
requested that DOE adopt the definition of UPS from the established IEC 
62040-3 Ed. 2.0 standard and highlighted that the Office of Management 
and Budget Circular A-119 encourages the use of international standards 
in establishing regulations when effective and appropriate in the 
fulfillment of legitimate objectives of the agency and the underlying 
statute. NEMA argued that these criteria are satisfied by using the 
definition of UPS in the IEC 62040-3 Ed. 2.0 standard and highlighted 
that the CSA C813.1 specification in Canada, and the European Norms 
reference the IEC 62040-3 Ed. 2.0 standard. NEMA contended that, as DOE 
attempts to harmonize its regulations with Canada and the European 
Union, deviation from the IEC 62040-3 Ed. 2.0 standard would make DOE's 
UPS regulations impossible to harmonize with international norms. 
(NEMA, No. 0008, EERE-2016-BT-TP-0018, pp. 2-4)
    Schneider Electric acknowledged that a UPS system contains or has 
embedded within the UPS a battery charger. Further, Schneider does not 
question DOE's authority to regulate a UPS as a battery charger 
(Schneider Electric, No. 0005, EERE-2016-BT-TP-0018, p. 2). DOE notes 
that 10 CFR 430.2 defines a battery charger as a device that charges 
batteries for consumer products, including battery chargers embedded in 
other consumer products. It does not state or imply that the primary 
function of a product that meets the definition of battery charger is 
to charge batteries. UPSs charge and maintain their batteries at full 
charge and therefore meet the statutory definition of a battery 
charger. DOE disagrees with Schneider Electric's comment that the 
proposed definition of UPS implies that that the primary function of a 
UPS is to charge batteries and that the proposed UPS definition may 
have major implications on the market and the product in the 
marketplace. There is only one difference between the proposed DOE 
definition and IEC definition of a UPS and that is that DOE refers to 
UPSs as battery charger within the proposed definition. As DOE is 
regulating UPSs as part of its battery charger regulations, it is 
necessary to indicate in the UPS definition that UPSs are a subset of 
battery chargers, and, as a result, must also meet EPCA's definition of 
a battery charger. Accordingly, DOE is adopting the proposed definition 
of a UPS in this final rule.
3. Input Dependency
    In the May 2016 NOPR, DOE proposed definitions for VFD UPS, VI UPS 
and VFI UPS in section 2 of appendix Y to subpart B of 10 CFR part 430. 
In this final rule, DOE is revising the proposed definition of VI UPS 
to highlight that a VI UPS, in normal mode, must not deplete its stored 
energy source when outputting an AC voltage within a specific tolerance 
band that is independent of under-voltage or over-voltage variations in 
the input voltage. This change brings consistency between the 
definitions of VI and VFI UPSs.
    To help manufacturers determine whether a UPS is properly 
considered to be VFD, VI, or VFI, DOE also proposed tests to verify the 
input dependency of the UPS as follows: VI input dependency may be 
verified by performing the steady state input voltage tolerance test in 
section 6.4.1.1 of IEC 62040-3 Ed. 2.0 and observing that the output 
voltage remains within the specified limit during the test. VFD input 
dependency may be verified by performing the AC input failure test in 
section 6.2.2.7 of IEC 62040-3 Ed. 2.0 and observing that, at a 
minimum, the UPS switches from normal mode of operation to battery 
power while the input is interrupted. VFI input dependency may be 
verified by performing the steady state input voltage tolerance test 
and the input frequency tolerance test specified in sections 6.4.1.1 
and 6.4.1.2 of IEC 62040-3 Ed. 2.0 and observing that, at a minimum, 
the output voltage and frequency remain within the specified output 
tolerance band during the test. These tests may be performed to 
determine the input dependency supported by the test unit.
    NEMA and Schneider Electric argued that UPS manufacturers already 
know the architecture of their models and

[[Page 89812]]

DOE's proposed tests to identify the architecture of a UPS will 
unjustifiably increase testing burden for manufacturers. (NEMA, No. 
0008, EERE-2016-BT-TP-0018, p. 4; Schneider Electric, No. 0005, EERE-
2016-BT-TP-0018, p. 2) Schneider Electric requested DOE to exclude the 
proposed performance criteria from input dependency tests and, similar 
to the IEC 62040-3 Ed. 2.0 standard, rely on manufacturer declarations 
to classify UPSs as VFD, VI or VFI. (Schneider Electric, Pub. Mtg. Tr., 
No. 0003, EERE-2016-BT-TP-0018, pp. 32-33)
    While most UPS manufacturers are aware of the input dependencies of 
their models, there are UPS models available in the marketplace whose 
input dependencies may not be obvious to a third party. In response to 
the comment from Schneider Electric and NEMA, DOE notes that the input 
dependency tests being adopted in sections 2.27.1, 2.27.2 and 2.27.3 of 
this final rule, are not mandatory. If a manufacturer is already aware 
that the basic model in question conforms to the performance criteria 
outlined in section 2.27.1, 2.27.2 and 2.27.3, the input dependency 
tests need not be performed. However, because these performance 
criteria are included within the definition of each UPS architecture, 
the onus is on the manufacturer to properly classify their UPS 
according to this criteria in order to represent its energy efficiency 
and adhere to any potential energy conservation standard.
    With regards to performance criteria, Section 5.2.1 of the IEC 
62040-3 Ed. 2.0 standard asks that the UPS must remain in normal mode 
when the input voltage and frequency is varied by 10% and 
2%, respectively, for the IEC 62040-3 Ed. 2.0 standard to 
be applicable. Although the specific steady state input voltage and 
frequency tolerance tests of sections 6.4.1.1 and 6.4.1.2 of the IEC 
62040-3 Ed. 2.0 standard require that the UPS need only meet the 
tolerance range specified by the manufacturer of the device, the 
requirements of section 5.2.1 must first be met at a minimum. In 
aligning its requirements with that of IEC 62040-3 Ed. 2.0, DOE has 
also used the criteria of section 5.2.1 of the IEC 62040-3 Ed. 2.0 
standard in the definition of VI and VFI UPSs in this final rule. DOE 
notes that these adopted performance criteria will remove any ambiguity 
in the classification of UPS input dependency during certification and 
enforcement.
    If manufacturers are uncertain about the input dependency of their 
UPS models, then manufacturers can perform the input dependency tests 
and use the associated performance criteria to verify the input 
dependency of their models. In enforcement testing, DOE will use these 
input dependency tests and performance criteria to verify the 
classification claimed by a manufacturer in the compliance 
certification report of a UPS basic model and to ensure that the 
correct load weightings, listed in table 4.3.1 of appendix Y to subpart 
B of 10 CFR part 430, were applied. This also ensures that 
manufacturers are not left to create their own performance criteria for 
VFD, VI and VFI classification, which would lead to inconsistencies in 
the certified results. Because section 4.3.4 of appendix Y to subpart B 
of 10 CFR part 430 is being made optional in this final rule, this rule 
also amends 10 CFR 429.134 to state that, in enforcement testing, DOE 
will determine the UPS architecture by performing the tests specified 
in the definitions of VI, VFD, and VFI in sections 2.28.1 through 
2.28.3 of appendix Y to subpart B of 10 CFR part 430.
4. Normal Mode
    In the May 2016 NOPR, DOE proposed a definition of normal mode in 
section 2 of appendix Y to subpart B of 10 CFR part 430. The proposed 
definition of normal mode required a UPS to provide output power to the 
connected load without switching to battery power. However, for VFI 
UPSs, the output power to the connected load may also be provided by 
the battery in normal mode of operation. Hence, the proposed definition 
of normal mode would have conflicted with the input dependency test for 
VFI UPSs. After careful consideration, DOE is revising the proposed 
definition of normal mode to specify that the AC input supply is within 
required tolerances and supplies the UPSs rather than that the UPS 
provides the required output power to the connected load without 
switching to battery power, and that the energy storage system is being 
maintained at full charge or is under charge rather than just being 
maintained at full charge. Further, the revision of the definition of 
normal mode increases harmonization between the definitions of normal 
mode in DOE's test procedure and the IEC 62040-3 Ed. 2.0 standard.
    Additionally, DOE also proposed a definition for `Energy Storage 
Systems', on which DOE has not received any stakeholder comment; 
therefore DOE is adopting the proposed definition in this final rule.

D. Test Conditions

    Although a majority of the test conditions proposed in the May 2016 
NOPR were adopted from the IEC 62040-3 Ed 2.0 standard, DOE proposed 
certain supplementary instructions for the test conditions in appendix 
Y to subpart B of 10 CFR part 430 in order to eliminate the possibility 
of ambiguity. DOE requested comment on the proposed test conditions.
1. Accuracy and Precision of Measuring Equipment
    DOE proposed that the power meter and other equipment used during 
the test procedure must provide true root mean square (r. m. s.) 
measurements of the active input and output power, with an uncertainty 
at full rated load of less than or equal to 0.5 percent at the 95 
percent confidence level notwithstanding that voltage and current 
waveforms can include a harmonic component. Further, DOE proposed that 
the power meter and other equipment must measure input and output 
values simultaneously.
    Schneider Electric argued that DOE's proposed accuracy and 
resolution requirements for UPSs are more stringent than those required 
to provide compliance test results. The proposed accuracy and 
measurement requirements would require manufacturers to test their 
units with more expensive test equipment, which would create an 
unjustified testing burden for UPS manufacturers. (Schneider Electric, 
No. 0005, EERE-2016-BT-TP-0018, p. 3) Schneider Electric further argued 
that the type and cost of the test equipment required to test UPS 
systems according to the proposed requirements will especially be 
burdensome on small and medium businesses. Schneider Electric contends 
that, although small and medium businesses can utilize third party test 
labs to mitigate the cost of purchasing test equipment, these 
businesses still need to purchase some test equipment to understand 
measurements of their products prior to submitting them for compliance 
testing, and that, the expense of using third party test labs or the 
test equipment required to meet the proposed accuracy and measurement 
requirements for compliance testing will reduce competition in the 
marketplace. (Schneider Electric, No. 0005, EERE-2016-BT-TP-0018, pp. 
4-5)
    DOE reiterates that the proposed accuracy and precision 
requirements for measuring equipment are adopted from section J.2.3 of 
the IEC 62040-3 Ed. 2.0 standard. It is DOE's understanding that the 
IEC 62040-3 Ed. 2.0 standard is widely accepted by the UPS industry. 
Therefore, DOE does not find that the proposed accuracy and precision 
requirements for measuring equipment are unjustified or burdensome for

[[Page 89813]]

manufacturers. Hence, DOE is adopting the proposed accuracy and 
precision requirements in this final rule.
    Schneider Electric argued that in case the manufacturer specified 
calibration interval of test equipment is longer than DOE's proposed 
calibration interval of 1 year, DOE's proposed calibration interval 
would be unjustifiably burdensome on manufacturers. (Schneider 
Electric, Pub. Mtg. Tr., No. 0003, EERE-2016-BT-TP-0018, pp. 36-37) 
After careful consideration, DOE agrees with Schneider Electric and is 
requiring all measurement equipment used to conduct tests must be 
calibrated within the equipment manufacturer's specified calibration 
period.
2. Environmental Conditions
    IEC 62040-3 Ed 2.0 requires that the ambient temperature must be in 
the range of 20 [deg]C to 30 [deg]C. To ensure repeatability, DOE 
proposed to increase the precision required for ambient temperature 
measurements, while keeping the same range. As a result, the ambient 
temperature would be 20.0 [deg]C to 30.0 [deg]C (i.e., increasing the 
required precision by one decimal place) and the measurement would 
include all uncertainties and inaccuracies introduced by the 
temperature measuring equipment. Extending the precision of IEC's 
ambient temperature range requirement by one decimal place would 
minimize rounding errors and avoid scenarios in which a temperature of 
19.6 [deg]C would be rounded to 20 [deg]C during testing and 
potentially provide higher efficiency usage values than those obtained 
at or above 20.0 [deg]C. The proposal also required that the tests be 
carried out in a room with an air speed immediately surrounding the 
unit under test (UUT) of less than or equal to 0.5 meters per second 
(m/s). As proposed, there would be no intentional cooling of the UUT 
such as by use of separately powered fans, air conditioners, or heat 
sinks. The UUT would be tested on a thermally non-conductive surface.
    Schneider Electric inquired whether manufacturers would be 
permitted to test UPSs within the temperature range specified by the 
IEC 62040-3 Ed. 2.0 standard. Schneider Electric also noted that the 
IEC 62040-3 Ed. 2.0 standard does not have air speed requirements, and 
inquired if DOE's proposed requirements for air speed surrounding the 
unit under test limit of less than or equal to 0.5 m/s would be 
unidirectional or multidirectional. (Schneider Electric, Pub. Mtg. Tr., 
No. 0003, EERE-2016-BT-TP-0018, pp. 36-38) Similarly, NEMA opposed 
DOE's proposed test conditions, such as airflow, and requested that DOE 
incorporate by reference the testing conditions stated in the IEC 
62040-3 Ed. 2.0 standard. (NEMA, No. 0008, EERE-2016-BT-TP-0018, p. 5)
    DOE reiterates that the May 2016 NOPR proposed the ambient 
temperature must remain in the range of 20.0 [deg]C to 30.0 [deg]C, 
including all inaccuracies and uncertainties introduced by the 
temperature measurement equipment, throughout the test. 81 FR 31559. 
The IEC 62040-3 Ed. 2.0 standard requires the ambient temperature to be 
between 20 [deg]C and 30 [deg]C, does not require all inaccuracies and 
uncertainties introduced by the temperature measurement equipment to be 
included in this range, and it has a precision requirement that is 
lower by one decimal place. By testing within DOE's ambient temperature 
range, which includes all inaccuracies and uncertainties, manufacturers 
will also meet the temperature requirements of the IEC 62040-3 Ed. 2.0 
standard. Therefore, DOE is adopting the proposed ambient temperature 
range in this final rule. Further, DOE is adopting an air speed 
requirement surrounding the unit under test to avoid the possibility of 
intentional cooling during testing, which affects the efficiency of 
UPSs. DOE clarifies that the air speed limit of less than or equal to 
0.5 m/s surrounding the unit under test is multidirectional.
3. Input Voltage and Frequency
    DOE proposed that the AC input voltage to the UUT be within 3 
percent of the highest rated voltage and the frequency be within 1 
percent of the highest rated frequency of the device. DOE has not 
received any stakeholder comments on the input voltage and frequency 
requirements; therefore, DOE is adopting the proposed input voltage and 
frequency requirements in this final rule.

E. Battery Configuration

    To capture the complete picture of the energy performance of UPSs, 
DOE proposed to test UPSs with the energy storage system connected 
throughout the test. Additionally, DOE proposed to standardize battery 
charging requirements for UPSs by including specific instructions in 
section 4.2.1, which is being added to appendix Y to subpart B of 10 
CFR part 430. These requirements, which ensure that the battery is 
fully charged prior to testing, specify charging the battery for an 
additional 5 hours after the UPS has indicated that it is fully 
charged, or if the product does not have a battery indicator but the 
user manual specifies a time, charging the battery for 5 hours longer 
than the manufacturer's estimate. Finally, the proposal required 
charging the battery for 24 hours if the UPS does not have an indicator 
or an estimated charging time. 81 FR 31559.
    Schneider Electric argued that it is more appropriate to test UPSs 
either without batteries or when the attached batteries are not allowed 
to discharge. Further, Schneider Electric argued that the battery 
charger in a UPS is turned off when it is not actively charging a 
depleted battery and the battery doesn't consume significant energy 
during normal mode of operation; therefore, testing with batteries does 
not add much to the test results. (Schneider Electric, No. 0005, EERE-
2016-BT-TP-0018, p. 6; Schneider Electric, Pub. Mtg. Tr., No. 0003, 
EERE-2016-BT-TP-0018, p. 77) Schneider Electric also pointed out that 
the ENERGY STAR test procedure does not include batteries, the IEC 
62040-3 Ed. 2.0 standard allows UPSs to be tested with or without a 
battery, and the CEC test procedure tests UPSs with an attached 
battery, but manufacturers are allowed to disable all known battery 
charger functions. (Schneider Electric, Pub. Mtg. Tr., No. 0003, EERE-
2016-BT-TP-0018, pp. 42-44) Similarly, ITI and NEMA opposed DOE's 
proposal of testing UPSs with a connected energy storage system and 
argued that testing a UPS with a battery will increase time and cost of 
the test and could possibly disqualify UPSs that are currently ENERGY 
STAR compliant. (ITI, No. 0007, EERE-2016-BT-TP-0018, p. 2; NEMA, No. 
0008, EERE-2016-BT-TP-0018, p. 3) NEMA and Schneider Electric pointed 
out that testing a UPS with a fully charged battery, which is different 
from the ENERGY STAR and CEC test procedures, will render all data from 
the ENERGY STAR and CEC databases useless. (NEMA, No. 0008, EERE-2016-
BT-TP-0018, pp. 3-4; Schneider Electric, No. 0005, EERE-2016-BT-TP-
0018, pp. 2, 6-7) Further, NEMA and Schneider Electric argued that 
DOE's proposed test procedure significantly deviates from the ENERGY 
STAR test procedure and the IEC 62040-3 Ed. 2.0 standard and that DOE 
has not justified this deviation, which appears to be arbitrary and 
poses unjustified financial burden on manufacturers. (NEMA, No. 0008, 
EERE-2016-BT-TP-0018, p. 3; Schneider Electric, No. 0005, EERE-2016-BT-
TP-0018, p. 9)
    In addition to providing various types of power conditioning and 
monitoring functionality, depending on their architecture and input 
dependency, UPSs also maintain the fully-charged state of lead acid 
batteries with relatively high self-discharge rates so

[[Page 89814]]

that in the event of a power outage, they are able to provide backup 
power instantly to the connected load. Maintaining the lead acid 
battery consumes energy which therefore directly affects a UPS's 
overall energy efficiency. To capture the typical use of a UPS as 
required by 42 U.S.C. 6293(b)(3), a UPS must be tested with the energy 
storage system connected throughout the test, so as to capture the 
energy spent by the UPS maintaining the lead acid battery. Hence, 
deviation from the ENERGY STAR and CEC test procedures is necessary and 
justified. Concerning the ENERGY STAR and CEC databases, DOE points out 
that the two mentioned databases are already non-compatible because of 
the differences in their respective test procedures.
    Additionally, Schneider Electric noted that some UPSs turn off 
their battery chargers for days or weeks after detecting fully charged 
batteries and inquired if manufacturers are allowed to keep this 
behavior in place during testing. Schneider Electric further explained, 
when turned on, some UPSs perform a battery test that reduces the state 
of charge and lengthens the duration of time required to fully charge 
connected batteries. Therefore, Schneider Electric asked if 
manufacturers would be allowed to disable this feature to reduce the 
time and burden of testing. (Schneider Electric, Pub. Mtg. Tr., No. 
0003, EERE-2016-BT-TP-0018, p. 41)
    If a UPS, as supplied to an end user, automatically detects that 
the connected battery is fully charged and then disables its battery 
charging functionality, then this UPS will be tested as such, as it 
would be a proper representation of the product's typical energy use, 
which is a goal of all DOE test procedures. In response to Schneider 
Electric's second comment, manufacturers are not allowed to disable the 
feature that detects the state of charge and lengthens the duration of 
time required to fully charge connected batteries. Section 4.2.1(b), 
which was proposed and is being added to appendix Y to subpart B of 10 
CFR part 430 in this final rule, instructs that the UPS must not be 
modified or adjusted to disable energy storage charging features, and 
the transfer of energy to and from the energy storage system must be 
minimized by ensuring the energy storage system is fully charged.
    Lastly, Schneider Electric inquired whether the use of software 
battery charge indicators or some other industry standard practice is 
permitted; how test batteries should be selected if a UPS basic model 
can support multiple batteries; and how a basic model is to be selected 
if a UPS model has batteries supplied by multiple battery vendors. 
(Schneider Electric, Pub. Mtg. Tr., No. 0003, EERE-2016-BT-TP-0018, pp. 
40-41) (Schneider Electric, Pub. Mtg. Tr., No. 0003, EERE-2016-BT-TP-
0018, pp. 69-70)
    Section 4.2.1(b)(1), which was proposed, and is being added to 
appendix Y to subpart B of 10 CFR part 430 in this final rule, provides 
instructions on how to determine when a UPS battery is fully charged. 
These instructions emphasize the use of a battery charge indicator 
which DOE interprets as either being physically on the device or a 
software that accompanies the UPS. Therefore, manufacturers may use 
software that acts as an indicator and communicates the battery's state 
of charge to the user if the software is packaged with the UPS. DOE is 
unable to provide instructions regarding the use of `other industry 
standard practices' as an indicator of a battery's state of charge 
without more details on these standard practices. Manufacturers must 
follow the instructions provided in section 4.2.1(b), which is being 
added to appendix Y to subpart B of 10 CFR part 430 to ensure that the 
batteries are fully charged prior to testing. DOE also recognizes that 
UPS may be capable of accommodating multiple battery models, battery 
vendors or battery capacities. Accordingly, it is possible that the 
efficiency of a UPS that otherwise has identical electrical 
characteristics would vary slightly based on the battery used. In the 
case in which a manufacturer uses different battery models, vendors or 
capacities in a single UPS, then the manufacturer may group some or all 
combinations of battery and UPS as part of a single UPS basic model and 
certifying compliance by ensuring that the represented efficiency of 
that UPS basic model applies to all combinations in the group. In that 
case, the represented efficiency should correspond to the least 
efficient combination in the group. If the Department selects a unit 
for assessment or enforcement testing, DOE may select any combination 
within the basic model to assess the entire basic model's compliance. 
Thus, if a manufacturer groups multiple battery and UPS combinations as 
part of a single basic model, DOE would test one combination to 
determine compliance pursuant to its regulations. Alternatively, the 
manufacturer may classify each unique UPSs configuration as separate 
basic models and certify each basic models individually. In the case 
where each unique UPS configuration is a separate basic model, DOE will 
test the unique UPS configuration to assess compliance.

F. Product Configuration

    For configuring UPSs for testing, DOE proposed to reference 
Appendix J.2 of IEC 62040-3 Ed 2.0 in section 4.2.1, which would be 
added to appendix Y to subpart B of 10 CFR part 430. In addition to the 
IEC test method, DOE proposed to include additional requirements for 
UPS operating mode conditions and energy storage system derived from 
ENERGY STAR UPS V. 1.0. DOE did not consider including requirements for 
back-feeding, a condition in which voltage or energy available within a 
UPS is fed back to any of the input terminals of the UPS as specified 
in ENERGY STAR UPS V. 1.0 because back-feeding is generally only 
required for UPSs with an output power rating higher than loads 
commonly available in a consumer environment. Because the power range 
of UPSs in the scope of this rulemaking is limited by the requirement 
that these UPSs utilize a NEMA 1-15P or 5-15P plug, and loads in this 
range are readily available, DOE believes provisions for back-feeding 
will not be necessary. DOE has not received any stakeholder comment on 
these proposed provisions; therefore, DOE is adopting these provisions 
in this final rule.
    On August 5, 2016, DOE published an energy conservation standards 
notice of proposed rulemaking for uninterruptible power supplies in the 
Federal Register (August 2016 NOPR). 81 FR 52196. In response to the 
August 2016 NOPR, NEMA and ITI, and Schneider Electric submitted 
written comments requesting that DOE thoroughly examine the impact of 
the energy consumption of secondary features such as USB charging 
ports, wired and wireless connectivity, displays, and communications 
etc. that are not related to battery charging on the proposed 
efficiency metric for UPSs. (NEMA and ITI, No. 0019, EERE-2016-BT-STD-
0022 at p. 3; Schneider Electric, No. 0017, EERE-2016-BT-STD-0022 at 
pp. 1-2, 13) In response to the above summarized comments, DOE is 
adding language to the UPS test procedure, in section 4.2.2, stating 
that UPS manufacturers must disable features of the UPSs that do not 
contribute to the maintenance of fully charged battery or delivery of 
load power, so that the energy consumption of these features is not 
captured. This will permit manufacturers to disable these secondary 
features in order to reduce or eliminate the impact that the energy 
consumption of these features has on the measured efficiency metric.

[[Page 89815]]

    In the case where a feature that does not contribute to the 
maintenance of fully charged battery(s) or delivery of load power 
cannot be turned off during testing and the UPS manufacturer believes 
that the test procedure evaluates the basic model in a manner that is 
not representative of its true energy characteristics as to provide 
materially inaccurate comparative data, DOE notes that there are 
provisions in place, as outlined in 10 CFR 430.27, for stakeholders to 
request a waiver or interim waiver from the test procedure. If such a 
waiver or interim waiver is granted, manufacturers are required to use 
an alternative test method to evaluate the performance of their product 
type in a manner that is representative of the energy consumption 
characteristics of the basic model.
    Schneider Electric provided a list of secondary features along with 
the corresponding energy allowances that Schneider Electric believes 
should be made for these secondary features and proposed an alternate 
adjusted efficiency metric that accommodates the suggested allowances 
in place of the average load adjusted efficiency metric proposed by DOE 
in the May 2016 UPS test procedure NOPR. (Schneider Electric, No. 0017, 
EERE-2016-BT-STD-0022, pp. 1-2, 13). While DOE is not adopting 
Schneider Electric's proposed alternative calculation at this time, DOE 
notes that manufacturers may propose this as an alternative test 
procedure for consideration as part of a waiver petition.

G. Average Power and Efficiency Calculation

1. Average Power
    DOE's proposal in the June 2016 NOPR required that all efficiency 
values be calculated from average power. DOE proposed two different 
methods for calculating average power so that manufacturers have the 
option of using a method better suited to the testing equipment already 
available at their disposal without having to purchase new equipment. 
DOE proposed to specify these calculation methods in section 4.3.1 of 
appendix Y to subpart B of 10 CFR part 430. The first proposed method 
of calculating average power is recording the accumulated energy 
(Ei) in kWh and then dividing accumulated energy 
(Ei) by the specified period for each test (Ti). 
For this method, the average power would be calculated using the 
following equation:
[GRAPHIC] [TIFF OMITTED] TR12DE16.010

    Additionally, DOE proposed a second method to calculate average 
power by sampling the power at a rate of at least one sample per second 
and computing the arithmetic mean of all samples over the time period 
specified for each test (Ti). For this method, the average 
power (Pavg) would be calculated using the following 
equation:
[GRAPHIC] [TIFF OMITTED] TR12DE16.011

    Where Pi represents measured power during a single measurement (i), 
and n represents total number of measurements.
    NEMA and Schneider Electric opposed DOE's proposal of two different 
methods of calculating average power and requested that DOE adopt the 
method of calculating average power stated in the IEC 62040-3 Ed. 2.0 
standard. (NEMA, No. 0008. EERE-2016-BT-TP-0018, p. 5; Schneider 
Electric, No. 0005, EERE-2016-BT-TP-0018, p. 3) Schneider Electric 
inquired whether DOE has conducted an analysis to compare the accuracy 
of the two proposed methods (Schneider Electric, No. 0005, EERE-2016-
BT-TP-0018, p. 4) Further, during the public meeting held on June 9, 
2016, Schneider Electric requested that manufacturers be allowed to 
calculate efficiency directly from accumulated energy measurements 
without having to first calculate average power. (Schneider Electric, 
Pub. Mtg. Tr., No. 0003, EERE-2016-BT-TP-0018, p. 46)
    DOE agrees, and is not adopting a requirement that average power be 
calculated as an intermediate step in order to calculate efficiency 
from accumulated energy measurements. Based on stakeholder comments, 
DOE is convinced that the intermediate step of converting energy 
measurements to average power is redundant.
    The adopted method of calculating average power from instantaneous 
power measurements is still different from the method stated in the IEC 
62040-3 Ed. 2.0 standard, which is requested by NEMA and Schneider 
Electric. DOE's adopted method requires measuring power for 15 minutes 
at a sampling rate of at least 1 sample per second, whereas the IEC 
62040-3 Ed. 2.0 standard only requires three readings no more than 15 
minutes apart, which lacks precision. DOE believes that measuring power 
for 15 minutes at a sampling rate of at least one sample per second is 
justified because it improves precision over the IEC 62040-3 Ed. 2.0 
and does not pose a testing burden on manufacturers because measurement 
readings are taken and logged electronically. Further, the sampling 
rate of at least one sample per second ensures accuracy and 
repeatability of calculated values. Lastly, as DOE is no longer 
requiring the calculation of average power from accumulated energy 
measurements as part of the calculation of efficiency, Schneider 
Electric's comment regarding the comparison of the accuracy of the two 
proposed methods of calculating average power is no longer relevant to 
the methods adopted in this final rule. DOE is revising the proposed 
regulatory text in appendix Y to subpart B of 10 CFR part 430 to 
finalize these changes.
2. Efficiency
    DOE proposed to calculate the efficiency of UPSs at each loading 
point as specified in section J.3 of IEC 62040-3 Ed 2.0. DOE also 
proposed additional requirements from ENERGY STAR UPS V. 1.0 for the 
purpose of ensuring repeatable and reproducible tests. ENERGY STAR UPS 
V. 1.0 specifies requirements for ensuring the unit is at steady state 
and calculating the efficiency measurements. The proposed requirements 
are included in section 4.3 of the proposed appendix Y to subpart B of 
10 CFR part 430.
    Schneider Electric argued that deviations in stability requirements 
and calculation of efficiency from the IEC 62040-3 Ed. 2.0 standard 
will increase testing burden on manufacturers by forcing them to test 
their products twice: Once under the IEC 62040-3 Ed. 2.0 standard and 
once under the DOE test method. (Schneider Electric, Pub. Mtg. Tr., No. 
0003, EERE-2016-BT-TP-0018, p. 48) DOE notes that the IEC 62040-3 Ed. 
2.0 standard uses temperature to determine stability but does not 
specify where the temperature measurements must be taken. This, in 
DOE's opinion, leaves room for interpretation and would cause 
reproducibility problems with the test procedure. The ENERGY STAR UPS 
Test Method Rev. May 2012, which partially relies on the IEC 62040-3 
Ed. 2.0 standard, also recognizes this shortcoming in the IEC 62040-3 
Ed. 2.0 standard and states its own stability requirements. 
Consequently, DOE is finalizing the stability requirements proposed in 
the May 2016 NOPR which have been adopted from the ENERGY STAR UPS Test 
Method Rev. May 2012, as these requirements are necessary for ensuring 
repeatability and reproducibility of measured values.

[[Page 89816]]

H. Output Metric

    To capture the energy efficiency of a UPS, DOE proposed that the 
device be tested in normal mode. DOE further proposed to use an average 
load adjusted efficiency metric, rounded to one tenth of a percentage 
point, as the final output of the UPS test procedure.\3\ DOE's proposed 
output metric for UPSs matches the output metric utilized by ENERGY 
STAR UPS V. 1.0. DOE also proposed to adopt the load weightings 
specified in ENERGY STAR UPS V. 1.0 for calculating average load 
adjusted efficiency of UPSs. These load weightings vary based on the 
ratio of the reference test load to the full rated load of the device, 
the UPS architecture and the output power rating of a UPS. The 
requirements for calculating the final metric, shown in Table III.2, 
were proposed to be incorporated in section 4.3.5 of appendix Y to 
subpart B of 10 CFR part 430. The proposed equation to calculate the 
average load adjusted efficiency of UPSs is as follows:
---------------------------------------------------------------------------

    \3\ In the May 2016 NOPR, DOE used the terms `average normal 
mode loading efficiency' and `average load adjusted efficiency' 
interchangeably. For consistency, DOE is updating this final rule to 
only use the term average load adjusted efficiency.'

Effavg = (t25 x 
Eff[verbarlm]25) + (t50 x 
Eff[verbarlm]50) + (t75 x 
Eff[verbarlm]75) + (t100 x 
---------------------------------------------------------------------------
Eff[verbarlm]100)

Where:

Effavg = average load adjusted efficiency
tn = proportion of time spent at the particular 
n% of the reference test load
Effn = efficiency at the particular n% of the 
reference test load

                Table III.2--UPS Load Weightings for Calculating Average Load Adjusted Efficiency
----------------------------------------------------------------------------------------------------------------
                                                              Portion of time spent at reference load
    Rated output power  (W)     Input dependency ---------------------------------------------------------------
                                 characteristic         25%             50%             75%            100%
----------------------------------------------------------------------------------------------------------------
P <= 1500 W...................  VFD.............             0.2             0.2             0.3             0.3
                                VI or VFI.......               0             0.3             0.4             0.3
P > 1500 W....................  VFD, VI, or VFI.               0             0.3             0.4             0.3
----------------------------------------------------------------------------------------------------------------

    Schneider Electric inquired whether manufacturers are required to 
test UPSs at loading points that have zero weighting. Further, 
Schneider Electric requested that DOE mandate testing UPSs in order 
from 100 percent, 75 percent, 50 percent and 25 percent of the 
reference test load. (Schneider Electric, Pub. Mtg. Tr., No. 0003, 
EERE-2016-BT-TP-0018, pp. 50-51) In this final rule, DOE adds a 
footnote to Table 4.3.1 of section 4.3.5 of appendix Y to subpart B of 
10 CFR part 430 stating that manufacturers do not have to test a UPS at 
the applicable loading point with zero weighting because the measured 
efficiency at this loading point does not contribute to the average 
load adjusted efficiency of the UPS. Further, in section 4.3.3(a) of 
appendix Y to subpart B of 10 CFR part 430, DOE already proposes to 
test UPSs in the order of 100 percent, 75 percent, 50 percent and 25 
percent of the rated output power. Consistent with of Schneider 
Electric's comment about the order of testing, DOE is adopting the 
proposed order of testing in this final rule.
    Additionally, NRDC, et al. argued that the proposed loading points 
are not representative of desktop computers attached to UPSs and that 
DOE should instead adopt 0 percent, 5 percent, 10 percent, 25 percent 
and 50 percent as loading points for VFD UPSs with 0.1, 0.3, 0.3, 0.15, 
0.15 time weightings for their loading points respectively. Further, 
NRDC, et al. requested DOE to analyze and revise loading points and 
associated time weightings for VI and VFI UPSs as well. (NRDC, et al., 
No. 0006, EERE-2016-BT-TP-0018, pp. 3-6)
    DOE's output metric, loading points and weightings are adopted from 
ENERGY STAR UPS V. 1.0, which is extensively supported and adhered to 
by the UPS industry. Further, the IEC 62040-3 Ed. 2.0 standard also 
uses the same loading points. DOE is refraining from adopting any 
loading points or weightings that differ from those in ENERGY STAR UPS 
V. 1.0 and IEC 62040-3 Ed. 2.0 as DOE has no data from which to 
conclude that it would be necessary to do so. Therefore, DOE is 
adopting the proposed output metric, loading points and weightings in 
this final rule. DOE will continue to monitor the UPS market and may 
consider other loading points and weightings in future rulemakings.

I. Effective Date of and Compliance With Test Procedure

    EPCA prescribes that all representations of energy efficiency and 
energy use, including those made on marketing materials and product 
labels, must be made in accordance with DOE test procedures, beginning 
180 days after publication of such a test procedure final rule in the 
Federal Register. (42 U.S.C. 6293(c)(2))
    NEMA argued that DOE has not adequately investigated the number of 
stock keeping units (SKUs) involved in this rulemaking, and as such 
does not appear to understand the scope of impact and associated cost 
burden on manufacturers if they become required to retest all products, 
and revise markings and published performance information within 180 
days. NEMA further argued that in addition to disqualifying currently 
ENERGY STAR compliant products, DOE's proposed test procedure will 
force ENERGY STAR to update its UPS specifications, with assistance 
from the industry, causing additional burden on industry resources and 
personnel. According to NEMA, these additional testing and 
requalification costs will not be trivial, because the U.S. 
Environmental Protection Agency (EPA) requires third party 
certification and testing at manufacturer's expense for its ENERGY STAR 
program. NEMA contends that, even if the EPA takes some time to update 
its specification, DOE's insistence on a 180-day implementation will 
negate this in practical terms, possibly forcing manufacturers to 
perform two tests and report two different efficiency levels in the 
near term, one to DOE and one to EPA. (NEMA, No. 0008, EERE-2016-BT-TP-
0018, pp. 2-3) Similarly, Schneider Electric argued that manufacturers 
would have to re-test all ENERGY STAR-certified UPSs after DOE's UPS 
test procedure is finalized, and testing hundreds of basic UPS models 
in 180 days would not be practical. (Schneider Electric, Pub. Mtg. Tr., 
No. 0003, EERE-2016-BT-TP-0018, p. 69)
    DOE acknowledges that for ENERGY STAR-certified basic models, 
further testing may be needed to make representations in accordance 
with the UPS test procedure. However, DOE has adopted NEMA and 
Schneider Electric's sampling plan to help minimize the burden by 
allowing a single unit sample as required by the current ENERGY

[[Page 89817]]

STAR program. DOE will work closely with EPA if any transition is 
needed for the current ENERGY STAR UPS specification as a result of 
this final rule and will consult with manufacturers in accordance with 
the ENERGY STAR process.
    As for the comments requesting additional time to translate current 
representations, DOE reiterates that EPCA mandates the date by which 
representations must be made in accordance with the DOE test procedure. 
Specifically with regard to NEMA's comment regarding reporting two 
different efficiency levels, DOE notes that EPCA does not permit this, 
instead requiring that all such representations be made in accordance 
with the DOE test procedure. (42 U.S.C. 6293(c)(2)) EPCA does provide 
an allowance for individual manufacturers to petition DOE for an 
extension of the 180-day period if the manufacturer may experience 
undue hardship in meeting the 180-day deadline. (42 U.S.C. 6293(c)(3)) 
To receive such an extension, petitions must be filed with DOE no later 
than 60 days before the end of the 180-day period and must detail how 
the manufacturer will experience undue hardship. (42 U.S.C. 6293(c)(3)) 
Beyond any such extension pursuant to the petition process specified by 
EPCA, as noted above, the statute does not permit DOE to extend the 
date by which representations must be made in accordance with the DOE 
test procedure.

J. Sampling Plan for Determination of Certified Rating

    For any covered product, manufacturers are required to determine 
represented values, which includes certified ratings, for each basic 
model of a product, in accordance with the DOE test procedure. Because 
the proposed test procedure for UPSs and resulting metric differs from 
other battery chargers, DOE proposed that UPS manufacturers would 
certify the average load adjusted efficiency metric (Effavg) 
described in section III.H, as the representative value of energy 
efficiency for UPSs. To determine a rating for certifying compliance or 
making energy use representations, DOE typically requires manufacturers 
to test each basic model in accordance with the applicable DOE test 
procedure and apply the appropriate sampling plan. DOE proposed that 
the sampling provisions and certified rating requirements for battery 
chargers be applicable to UPSs, which requires a sample of at least 2 
items to be tested.
    Schneider Electric argued that testing at least two units of a 
basic model of UPS under the proposed test procedure will require more 
time and have a higher cost than testing a single unit according to the 
ENERGY STAR test procedure. They also argued that testing at least two 
units is unnecessarily burdensome on manufacturers and requested DOE to 
allow manufacturers to certify compliance of their basic models based 
on the test results of a single unit. (Schneider Electric, Pub. Mtg. 
Tr., No. 0003, EERE-2016-BT-TP-0018, pp. 53-55) Similarly, ITI and NEMA 
opposed DOE's proposal of testing at least two unit of a basic model of 
UPS to certify compliance. (ITI, No. 0007, EERE-2016-BT-TP-0018, p. 1, 
NEMA, No. 0008, EERE-2016-BT-TP-0018, p. 2)
    After carefully considering the request by Schneider Electric, ITI 
and NEMA about certifying compliance based on the test results of a 
single unit per basic model of UPS, DOE is allowing all UPS 
manufacturers to certify compliance of their basic models based on 
either the general sampling plan stated in section (a)(4)(i) of 10 CFR 
429.39 or on the test results of a single unit based on the sampling 
plan in section (a)(4)(ii) of 10 CFR 429.39. If manufacturers decide to 
certify compliance of a UPS basic model based on the test results of a 
single unit, the certified rating for this UPS basic model must be 
equal to the test results of the single unit tested. If a UPS 
manufacturer uses the general sampling plan stated in section (a)(4)(i) 
of 10 CFR 429.39 to certify compliance of a basic model, DOE will use 
the sampling plan for enforcement testing stated in appendix A to 
subpart C of 10 CFR part 429 for this basic model. If, however, a UPS 
manufacturer chooses to certify compliance of a basic model based on 
the test results of a single unit, then DOE will use a minimum sample 
size of one unit for enforcement testing and if a single unit in the 
sample of this UPS basic model does not meet the applicable Federal 
energy conservation standard, the UPS basic model will be considered 
non-compliant. DOE is revising 10 CFR 429.110 and adding appendix D to 
subpart C of 10 CFR part 429 to outline the sampling plans for 
enforcement testing of UPSs.

K. Certification Reports

    In addition to the requirements specified in 10 CFR 429.12, which 
are applicable to each basic model of a covered product, DOE proposed 
the active power (W), apparent power (VA), rated input voltage (V), 
rated output voltage (V), efficiencies at 25 percent, 50 percent, 75 
percent, and 100 percent, and average load adjusted efficiency of the 
UPS basic model be included in the battery charger certification report 
for UPSs in 10 CFR 429.39.
    DOE has not received any stakeholder comments on the proposed 
certification report requirements; therefore, DOE is adopting the 
proposed certification report requirements in this final rule. 
Additionally, the section 4.2.1(a) of appendix Y to subpart B of 10 CFR 
part 430 will require that if a UPS can operate in two or more distinct 
normal modes as more than one UPS architecture, then the test shall be 
conducted in the lowest input dependency as well as the highest input 
dependency mode where VFD represents the lowest input dependency mode, 
followed by VI and then VFI. DOE is requiring that manufacturers report 
the input dependency modes and efficiencies at 25 percent, 50 percent, 
75 percent, 100 percent and the average load adjusted efficiencies of 
the lowest and the highest input dependency modes as part of the 
battery charger certification reports for UPSs. DOE is revising the 
proposed language in 10 CFR 429.39 accordingly.

L. Sample Represented Value Derivation

    Schneider Electric requested DOE to provide application notes or 
publications that show how to take actual measurement data and 
calculate represented values for UPSs. (Schneider Electric, Pub. Mtg. 
Tr., No. 0003, EERE-2016-BT-TP-0018, pp. 55-56) DOE is providing the 
following walkthrough to show how the represented value of the average 
load adjusted efficiency of a UPS basic model can be derived from the 
test results.
    Given a 500W VFD UPS basic model, and following the requirements in 
10 CFR 429.39, two units of this UPS basic model are tested to certify 
compliance. Testing two units of this hypothetical UPS basic model 
according to the provisions in appendix Y to subpart B of 10 CFR part 
430 yields the following results:

[[Page 89818]]



                                                Table III.3--Hypothetical Test Results of a 500W VFD UPS
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                       Unit # 1                                            Unit # 2
                                                 -------------------------------------------------------------------------------------------------------
                                                            Reference test load percentage                      Reference test load percentage
                                                 -------------------------------------------------------------------------------------------------------
                                                      25%          50%          75%          100%         25%          50%          75%          100%
--------------------------------------------------------------------------------------------------------------------------------------------------------
Pavg\in (W).....................................      80.2784     150.8857     220.7255     290.7188      80.2586     150.9758     220.7546     290.5996
Pavg\out (W)....................................      69.9238     140.4241     209.9844     279.5877      69.9615     140.4254     209.9652     279.5695
Eff (%).........................................      87.1016      93.0665      95.1337      96.1712      87.1701      93.0119      95.1125      96.2044
--------------------------------------------------------------------------------------------------------------------------------------------------------

    Using the average load adjusted equation in section 4.3.5 and the 
load weightings in Table 4.3.1 of appendix Y to subpart B of 10 CFR 
part 430, the average load adjusted efficiencies for the two test units 
are calculated.

Table III-4--Hypothetical Average Load Adjusted Efficiencies of the 500W
                                 VFD UPS
------------------------------------------------------------------------
                                            Unit # 1         Unit # 2
------------------------------------------------------------------------
Average Load Adjusted Efficiency (%)..         93.4251          93.4314
------------------------------------------------------------------------

    According to 10 CFR 429.39, the represented value of 
Effavg must be less than or equal to the lower of the mean 
of the sample, where:
[GRAPHIC] [TIFF OMITTED] TR12DE16.012

and, x is the sample mean; n is the number of samples; and 
xi is the Effavg of the ith sample; or, the lower 
97.5-percent confidence limit (LCL) of the true mean divided by 0.95, 
where:
[GRAPHIC] [TIFF OMITTED] TR12DE16.013

    and x is the sample mean; s is the sample standard deviation; n is 
the number of samples; and t0.975 is the t-statistic for a 
97.5-percent one-tailed confidence interval with n-1 degrees of freedom 
(from appendix A of subpart B of 10 CFR part 429).
    Following the stated equations, the mean of the sample and the 
97.5-percent LCL divided by 0.95 are calculated.
[GRAPHIC] [TIFF OMITTED] TR12DE16.014

    Therefore, the represented value of the average load adjusted 
efficiency for the hypothetical 500W VFD UPS basic model must be less 
than 93.4 percent, the mean of the sample rounded to one-tenth of a 
percentage point, according to the rounding requirements specified in 
section 4.3.5(b) of appendix Y to subpart B of 10 CFR part 430.

IV. Procedural Issues and Regulatory Review

A. Review Under Executive Order 12866

    The Office of Management and Budget 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.

B. Review Under the Regulatory Flexibility Act

    The Regulatory Flexibility Act (5 U.S.C. 601 et seq.) requires that 
when an agency promulgates a final rule under 5 U.S.C. 553, after being 
required by that section or any other law to publish a general notice 
of proposed rulemaking, the agency shall prepare a final regulatory 
flexibility analysis (FRFA). 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.
    DOE reviewed this final rule under the provisions of the Regulatory 
Flexibility Act and DOE's policies and procedures published on February 
19, 2003. DOE has concluded that the adopted test procedure would not 
have a significant impact on a substantial number of small entities. 
The factual basis for this certification is as follows.
    The Small Business Administration (SBA) considers a business entity 
to be a small business, if, together with its affiliates, it employs 
fewer than a threshold number of workers specified in 13 CFR part 121. 
These size standards and codes are established by the North American 
Industry Classification System (NAICS). The threshold number for NAICS 
classification code 335999, which applies to ``all other miscellaneous 
electrical equipment and component manufacturing'' and includes UPSs, 
is 500 employees.

[[Page 89819]]

    To estimate the number of companies that could be small businesses 
that manufacture UPSs covered by this rulemaking, DOE conducted a 
market survey using publicly available information. DOE first attempted 
to identify all potential UPS manufacturers by researching EPA's ENERGY 
STAR certification database,\4\ retailer Web sites, individual company 
Web sites, and the SBA's database. DOE then attempted to gather 
information on the location and number of employees to determine if 
these companies met SBA's definition of a small business for each 
potential UPS manufacturer by reaching out directly to those potential 
small businesses and using market research tools (i.e., Hoover's 
reports), and company profiles on public Web sites (i.e., Manta, 
Glassdoor, and LinkedIn). DOE also asked stakeholders and industry 
representatives if they were aware of any small businesses during 
manufacturer interviews. DOE used information from these sources to 
create a list of companies that potentially manufacture UPSs and would 
be impacted by this rulemaking. DOE eliminated companies that do not 
meet the definition of a ``small business,'' are completely foreign 
owned and operated, or do not manufacture UPSs in the United States.
---------------------------------------------------------------------------

    \4\ ENERGY STAR, Energy Star Certified Products. Available at 
http://www.energystar.gov/. Last accessed November 14, 2016.
---------------------------------------------------------------------------

    DOE initially identified a total of 48 potential companies that 
sell UPSs in the United States. As part of the May 2016 TP NOPR, DOE 
estimated that 12 companies were small businesses. However, after 
reviewing publicly available information on these businesses, DOE 
determined that none of these companies manufacture UPSs in the United 
States and therefore are not considered to be small business UPS 
manufacturers for the purposes of this analysis. As a result, DOE 
certifies that this rulemaking 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 UPSs must certify to DOE that their products 
comply with any applicable energy conservation standards. To certify 
compliance, manufacturers must first obtain test data for their 
products according to the DOE test procedures, including any amendments 
adopted for those test procedures. DOE has established regulations for 
the certification and recordkeeping requirements for all covered 
consumer products and commercial equipment, including UPSs. (See 
generally 10 CFR part 429.) The collection-of-information requirement 
for the certification and recordkeeping is subject to review and 
approval by OMB under the Paperwork Reduction Act (PRA). This 
requirement has been approved by OMB under OMB control number 1910-
1400. Public reporting burden for the certification is estimated to 
average 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. Manufacturers would not be required to 
submit a certification report until such time as compliance with an 
energy conservation standard is required.
    Notwithstanding any other provision of the law, no person is 
required to respond to, nor shall any person be subject to a penalty 
for failure to comply with, a collection of information subject to the 
requirements of the PRA, unless that collection of information displays 
a currently valid OMB Control Number.

D. Review Under the National Environmental Policy Act of 1969

    In this final rule, DOE adopts test procedure amendments that it 
expects will be used to develop and implement future energy 
conservation standards for UPSs. 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 adopted rule would amend the existing test procedure 
without affecting the amount, quality or distribution of energy usage, 
and, therefore, would 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. Accordingly, neither an environmental assessment nor an 
environmental impact statement is required.

E. Review Under Executive Order 13132

    Executive Order 13132, ``Federalism,'' 64 FR 43255 (August 4, 
1999), imposes certain requirements on agencies formulating and 
implementing policies or regulations that preempt State law or that 
have Federalism implications. The Executive Order requires agencies to 
examine the constitutional and statutory authority supporting any 
action that would limit the policymaking discretion of the States and 
to carefully assess the necessity for such actions. The Executive Order 
also requires agencies to have an accountable process to ensure 
meaningful and timely input by State and local officials in the 
development of regulatory policies that have Federalism implications. 
On March 14, 2000, DOE published a statement of policy describing the 
intergovernmental consultation process it will follow in the 
development of such regulations. 65 FR 13735. DOE 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

[[Page 89820]]

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. (This policy is 
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.
    The adopted regulatory action to amend the test procedure for 
measuring the energy efficiency of UPSs is not a significant regulatory 
action under Executive Order 12866. Moreover, it would not have a 
significant adverse effect on the supply, distribution, or use of 
energy, nor has it been designated as a significant energy action by 
the Administrator of OIRA. Therefore, it is not a significant energy 
action, and, accordingly, DOE has not prepared a Statement of Energy 
Effects.

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

    Under section 301 of the Department of Energy Organization Act 
(Pub. L. 95-91; 42 U.S.C. 7101), DOE must comply with section 32 of the 
Federal Energy Administration Act of 1974, as amended by the Federal 
Energy Administration Authorization Act of 1977. (15 U.S.C. 788; FEAA) 
Section 32 essentially provides in relevant part that, where a proposed 
rule authorizes or requires use of commercial standards, the notice of 
proposed rulemaking must inform the public of the use and background of 
such standards. In addition, section 32(c) requires DOE to consult with 
the Attorney General and the Chairman of the Federal Trade Commission 
(FTC) concerning the impact of the commercial or industry standards on 
competition.
    This final rule incorporates testing methods contained in Section 6 
and Annex J of the IEC 62040-3 Ed. 2.0, ``Uninterruptible power systems 
(UPS)--Method of specifying the performance and test requirements'' 
standard. DOE has evaluated this standard and is unable to conclude 
whether it fully complies with the requirements of section 32(b) of the 
FEAA, (i.e., that they were developed in a manner that fully provides 
for public participation, comment, and review). DOE has consulted with 
the Attorney General and the Chairman of the FTC concerning the impact 
of these test procedures on competition and neither recommended against 
incorporation of these standards.

M. 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).

N. Description of Materials Incorporated by Reference

    DOE incorporates by reference Section 5.2.1, Clause 5.2.2.k, Clause 
5.3.2.d, Clause 5.3.2.e, Section 5.3.4, Section 6.2.2.7, Section 6.4.1 
(except 6.4.1.3, 6.4.1.4, 6.4.1.5, 6.4.1.6, 6.4.1.7, 6.4.1.8, 6.4.1.9 
and 6.4.1.10), Annex G, and Annex J of the IEC 62040-3 Ed. 2.0, 
``Uninterruptible power systems (UPS)--Part 3: Method of specifying the 
performance and test requirements'' standard. This standard is used to 
specify the testing requirements for UPSs and is available from the 
American National Standards Institute, 25 W. 43rd Street, 4th Floor, 
New York,

[[Page 89821]]

NY 10036 or at http://webstore.ansi.org/. DOE also incorporates by 
reference Figure 1-15 and Figure 5-15 of the NEMA standard, ANSI/NEMA 
Standard WD 6-2016, ``Wiring Devices--Dimensional Specifications.'' 
This standard is used to describe the scope of this final rule and is 
available from the American National Standards Institute, 25 W. 43rd 
Street, 4th Floor, New York, NY 10036 or at http://webstore.ansi.org/.

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, 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 November 21, 2016.
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; 28 U.S.C. 2461 note.


0
2. Revise Sec.  429.39 to read as follows:


Sec.  429.39   Battery chargers.

    (a) Determination of represented value. Manufacturers must 
determine represented values, which include certified ratings, for each 
basic model of battery charger in accordance with the following 
sampling provisions.
    (1) Represented values include: The unit energy consumption (UEC) 
in kilowatt-hours per year (kWh/yr), battery discharge energy 
(Ebatt) in watt hours (Wh), 24-hour energy consumption 
(E24) in watt hours (Wh), maintenance mode power 
(Pm) in watts (W), standby mode power (Psb) in 
watts (W), off mode power (Poff) in watts (W), and duration 
of the charge and maintenance mode test (tcd) in hours (hrs) 
for all battery chargers other than uninterruptible power supplies 
(UPSs); and average load adjusted efficiency (Effavg) for 
UPSs.
    (2) Units to be tested. (i) The general requirements of Sec.  
429.11 are applicable to all battery chargers; and
    (ii) For each basic model of battery chargers other than UPSs, a 
sample of sufficient size must be randomly selected and tested to 
ensure that the represented value of UEC is greater than or equal to 
the higher of:
    (A) The mean of the sample, where:
    [GRAPHIC] [TIFF OMITTED] TR12DE16.015
    

and, x is the sample mean; n is the number of samples; and 
xi is the UEC of the ith sample; or,
    (B) The upper 97.5-percent confidence limit (UCL) of the true mean 
divided by 1.05, where:
[GRAPHIC] [TIFF OMITTED] TR12DE16.016


and x is the sample mean; s is the sample standard deviation; n is the 
number of samples; and t0.975 is the t-statistic for a 97.5-
percent one-tailed confidence interval with n-1 degrees of freedom 
(from appendix A of this subpart).
    (iii) For each basic model of battery chargers other than UPSs, 
using the sample from paragraph (a)(2)(ii) of this section, calculate 
the represented values of each metric (i.e., maintenance mode power 
(Pm), standby power (Psb), off mode power 
(Poff), battery discharge energy (EBatt), 24-hour 
energy consumption (E24), and duration of the charge and 
maintenance mode test (tcd)), where the represented value of 
the metric is:
[GRAPHIC] [TIFF OMITTED] TR12DE16.017


and, x is the sample mean, n is the number of samples, and 
xi is the measured value of the ith sample for the metric.
    (iv) For each basic model of UPSs, the represented value of 
Effavg must be calculated using one of the following two 
methods:
    (A) A sample of sufficient size must be randomly selected and 
tested to ensure that the represented value of Effavg is 
less than or equal to the lower of:
    (1) The mean of the sample, where:
    [GRAPHIC] [TIFF OMITTED] TR12DE16.018
    

and, x is the sample mean; n is the number of samples; and 
xi is the Effavg of the ith sample; or,
    (2) The lower 97.5-percent confidence limit (LCL) of the true mean 
divided by 0.95, where:
[GRAPHIC] [TIFF OMITTED] TR12DE16.019


and x is the sample mean; s is the sample standard deviation; n is the 
number of samples; and t0.975 is the t-statistic for a 97.5-
percent one-tailed confidence interval with n-1 degrees of freedom 
(from appendix A of this subpart).
    (B) The represented value of Effavg is equal to the 
Effavg of the single unit tested.
    (b) Certification reports. (1) The requirements of Sec.  429.12 are 
applicable to all battery chargers.
    (2) Pursuant to Sec.  429.12(b)(13), a certification report must 
include the following product-specific information for all battery 
chargers other than UPSs: The nameplate battery voltage of the test 
battery in volts (V), the nameplate battery charge capacity of the test 
battery in ampere-hours (Ah), and the nameplate battery energy capacity 
of the test battery in watt-hours (Wh). A certification report must 
also include the represented values, as determined in paragraph (a) of 
this section for the maintenance mode power (Pm), standby 
mode power (Psb), off mode power (Poff), battery 
discharge energy (Ebatt), 24-hour energy consumption 
(E24), duration of the charge and maintenance mode test 
(tcd), and unit energy consumption (UEC).
    (3) Pursuant to Sec.  429.12(b)(13), a certification report must 
include the following product-specific information for all battery 
chargers other than UPSs: The manufacturer and model of the test 
battery, and the manufacturer and model, when applicable, of the 
external power supply.
    (4) Pursuant to Sec.  429.12(b)(13), a certification report must 
include the following product-specific information for all UPSs: 
Supported input dependency mode(s); active power in watts (W); apparent 
power in volt-amperes (VA); rated input and output

[[Page 89822]]

voltages in volts (V); efficiencies at 25 percent, 50 percent, 75 
percent and 100 percent of the reference test load; and average load 
adjusted efficiency of the lowest and highest input dependency modes.

0
3. Section 429.110 is amended by revising paragraphs (e)(6), (7), and 
(8), and adding paragraph (e)(9) to read as follows:


Sec.  429.110  Enforcement testing.

* * * * *
    (e) * * *
    (6) For uninterruptible power supplies, if a basic model is 
certified for compliance to the applicable energy conservation 
standard(s) in Sec.  430.32 of this chapter according to the sampling 
plan in Sec.  429.39(a)(2)(iv)(A) of this chapter, DOE will use a 
sample size of not more than 21 units and follow the sampling plan in 
appendix A of this subpart (Sampling for Enforcement Testing of Covered 
Consumer Products and Certain High-Volume Commercial Equipment). If a 
basic model is certified for compliance to the applicable energy 
conservation standard(s) in Sec.  430.32 of this chapter according to 
the sampling plan in Sec.  429.39(a)(2)(iv)(B) of this chapter, DOE 
will use a sample size of at least one unit and follow the sampling 
plan in appendix D of this subpart (Sampling for Enforcement Testing of 
Uninterruptible Power Supplies).
    (7) Notwithstanding paragraphs (e)(1) through (6) of this section, 
if testing of the available or subsequently available units of a basic 
model would be impractical, as for example when a basic model has 
unusual testing requirements or has limited production, DOE may in its 
discretion decide to base the determination of compliance on the 
testing of fewer than the otherwise required number of units.
    (8) When DOE makes a determination in accordance with paragraph 
(e)(7) of this section to test less than the number of units specified 
in paragraphs (e)(1) through (6) of this section, DOE will base the 
compliance determination on the results of such testing in accordance 
with appendix B of this subpart (Sampling Plan for Enforcement Testing 
of Covered Equipment and Certain Low-Volume Covered Products) using a 
sample size (n1) equal to the number of units tested.
    (9) For the purposes of this section, available units are those 
that are available for distribution in commerce within the United 
States.

0
4. Section 429.134 is amended by adding paragraph (o) to read as 
follows:


Sec.  429.134   Product-specific enforcement provisions.

* * * * *
    (o) Uninterruptible power supplies. (1) Determine the UPS 
architecture by performing the tests specified in the definitions of 
VI, VFD, and VFI in sections 2.28.1 through 2.28.3 of appendix Y to 
subpart B of 10 CFR part 430.
    (2) [Reserved]

0
5. Add appendix D to subpart C of part 429 to read as follows:

Appendix D to Subpart C of Part 429--Sampling Plan for Enforcement 
Testing of Uninterruptible Power Supplies

    (a) The minimum sample size for enforcement testing will be one 
unit.
    (b) Compute the average load adjusted efficiency (Effavg) of the 
unit in the sample.
    (c) Determine the applicable DOE energy efficiency standard 
(EES).
    (d) If all Effavg are equal to or greater than EES, then the 
basic model is in compliance and testing is at an end.
    (e) If any Effavg is less than EES, then the basic model is in 
noncompliance and testing is at an end.

PART 430--ENERGY CONSERVATION PROGRAM FOR CONSUMER PRODUCTS

0
6. 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
7. Section 430.3 is amended by:
0
a. Redesignating paragraphs (e)(17) through (20) as (e)(18) through 
(21) respectively;
0
b. Adding new paragraph (e)(17);
0
c. Redesignating paragraphs (p)(3) through (8) as (p)(4) through (9) 
respectively; and
0
d. Adding new paragraph (p)(3).
    The additions read as follows:


Sec.  430.3   Materials incorporated by reference.

* * * * *
    (e) * * *
    (17) ANSI/NEMA WD 6-2016, Wiring Devices--Dimensional 
Specifications, ANSI approved February 11, 2016, IBR approved for 
Appendix Y to subpart B; as follows:
    (i) Figure 1-15--Plug and Receptacle; and
    (ii) Figure 5-15--Plug and Receptacle.
* * * * *
    (p) * * *
    (3) IEC Standard 62040-3 Ed. 2.0, (``IEC 62040-3 Ed. 2.0''), 
Uninterruptible power systems (UPS)--Part 3: Method of specifying the 
performance and test requirements, Edition 2.0, 2011-03, IBR approved 
for appendix Y to subpart B, as follows:
    (i) Section 5, Electrical conditions, performance and declared 
values, Section 5.2, UPS input specification, Section 5.2.1--Conditions 
for normal mode of operation;
    (ii) Clause 5.2.2.k;
    (iii) Section 5.3, UPS output specification, Section 5.3.2, 
Characteristics to be declared by the manufacturer, Clause 5.3.2.d;
    (iv) Clause 5.3.2.e;
    (v) Section 5.3.4--Performance classification;
    (vi) Section 6.2, Routine test procedure, Section 6.2.2.7--AC input 
failure;
    (vii) Section 6.4, Type test procedure (electrical), Section 
6.4.1--Input--a.c. supply compatibility (excluding 6.4.1.3, 6.4.1.4, 
6.4.1.5, 6.4.1.6, 6.4.1.7, 6.4.1.8, 6.4.1.9 and 6.4.1.10);
    (viii) Annex G--Input mains failure--Test method
    (ix) Annex J--UPS Efficiency--Methods of measurement.
* * * * *

0
8. Section 430.23 is amended by revising paragraph (aa) to read as 
follows:


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

* * * * *
    (aa) Battery Chargers. (1) Measure the maintenance mode power, 
standby power, off mode power, battery discharge energy, 24-hour energy 
consumption and measured duration of the charge and maintenance mode 
test for a battery charger other than uninterruptible power supplies in 
accordance with appendix Y to this subpart.
    (2) Calculate the unit energy consumption of a battery charger 
other than uninterruptible power supplies in accordance with appendix Y 
to this subpart.
    (3) Calculate the average load adjusted efficiency of an 
uninterruptible power supply in accordance with appendix Y to this 
subpart.
* * * * *

0
 9. Appendix Y to subpart B of part 430 is amended by:
0
a. Revising the introductory text to appendix Y;
0
b. Revising section 1;
0
c. Redesignating section 2.24 as 2.28;
0
d. Adding a new section 2.24;
0
e. Redesignating sections 2.22 and 2.23 as sections 2.25 and 2.26, 
respectively;
0
f. Adding sections 2.27, 2.27.1, 2.27.2, and 2.27.3;
0
g. Redesignating sections 2.18 through 2.21 as sections 2.20 through 
2.23, respectively;

[[Page 89823]]

0
h. Adding a new section 2.19;
0
i. Redesignating sections 2.12 through 2.17 as sections 2.13 through 
2.18, respectively;
0
j. Adding a new section 2.12;
0
k. Revising sections 3 and 4; and
0
l. Removing section 5.
    The additions and revisions read as follows:

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

    Prior to November 16, 2016, manufacturers must make any 
representations regarding the energy consumption of battery chargers 
other than uninterruptible power supplies based upon results 
generated under this appendix or the previous version of this 
appendix as it appeared in the Code of Federal Regulations on 
January 1, 2016. On or after November 16, 2016, manufacturers must 
make any representations regarding the energy consumption of battery 
chargers other than uninterruptible power supplies based upon 
results generated under this appendix. On or after June 12, 2017, 
manufacturers must make any representations regarding the energy 
efficiency of uninterruptible power supplies based upon results 
generated under this appendix.

1. Scope

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

2. Definitions

* * * * *
    2.12. Energy storage system is a system consisting of single or 
multiple devices designed to provide power to the UPS inverter 
circuitry.
* * * * *
    2.19. Normal mode is a mode of operation for a UPS in which:
    (1) The AC input supply is within required tolerances and 
supplies the UPS,
    (2) The energy storage system is being maintained at full charge 
or is under recharge, and
    (3) The load connected to the UPS is within the UPS's specified 
power rating.
* * * * *
    2.24. Reference test load is a load or a condition with a power 
factor of greater than 0.99 in which the AC output socket of the UPS 
delivers the active power (W) for which the UPS is rated.
* * * * *
    2.27. Uninterruptible power supply or UPS means a battery 
charger consisting of a combination of convertors, switches and 
energy storage devices (such as batteries), constituting a power 
system for maintaining continuity of load power in case of input 
power failure.
    2.27.1. Voltage and frequency dependent UPS or VFD UPS means a 
UPS that produces an AC output where the output voltage and 
frequency are dependent on the input voltage and frequency. This UPS 
architecture does not provide corrective functions like those in 
voltage independent and voltage and frequency independent systems.
    Note to 2.27.1: VFD input dependency may be verified by 
performing the AC input failure test in section 6.2.2.7 of IEC 
62040-3 Ed. 2.0 (incorporated by reference, see Sec.  430.3) and 
observing that, at a minimum, the UPS switches from normal mode of 
operation to battery power while the input is interrupted.
    2.27.2. Voltage and frequency independent UPS or VFI UPS means a 
UPS where the device remains in normal mode producing an AC output 
voltage and frequency that is independent of input voltage and 
frequency variations and protects the load against adverse effects 
from such variations without depleting the stored energy source.
    Note to 2.27.2: VFI input dependency may be verified by 
performing the steady state input voltage tolerance test and the 
input frequency tolerance test in sections 6.4.1.1 and 6.4.1.2 of 
IEC 62040-3 Ed. 2.0 (incorporated by reference, see Sec.  430.3) 
respectively and observing that, at a minimum, the UPS produces an 
output voltage and frequency within the specified output range when 
the input voltage is varied by 10% of the rated input 
voltage and the input frequency is varied by 2% of the 
rated input frequency.
    2.27.3. Voltage independent UPS or VI UPS means a UPS that 
produces an AC output within a specific tolerance band that is 
independent of under-voltage or over-voltage variations in the input 
voltage without depleting the stored energy source. The output 
frequency of a VI UPS is dependent on the input frequency, similar 
to a voltage and frequency dependent system.
    Note to 2.27.3: VI input dependency may be verified by 
performing the steady state input voltage tolerance test in section 
6.4.1.1 of IEC 62040-3 Ed. 2.0 (incorporated by reference, see Sec.  
430.3) and ensuring that the UPS remains in normal mode with the 
output voltage within the specified output range when the input 
voltage is varied by 10% of the rated input voltage.
* * * * *

3. Testing Requirements for all Battery Chargers Other Than 
Uninterruptible Power Supplies

3.1. Standard Test Conditions

3.1.1 General

    The values that may be measured or calculated during the conduct 
of this test procedure have been summarized for easy reference in 
Table 3.1.1. of this appendix.

           Table 3.1.1--List of Measured or Calculated Values
------------------------------------------------------------------------
 Name of measured or  calculated value              Reference
------------------------------------------------------------------------
1. Duration of the charge and            Section 3.3.2.
 maintenance mode test.
2. Battery Discharge Energy............  Section 3.3.8.
3. Initial time and power (W) of the     Section 3.3.6.
 input current of connected battery.
4. Active and Maintenance Mode Energy    Section 3.3.6.
 Consumption.
5. Maintenance Mode Power..............  Section 3.3.9.
6. 24 Hour Energy Consumption..........  Section 3.3.10.
7. Standby Mode Power..................  Section 3.3.11.
8. Off Mode Power......................  Section 3.3.12.
9. Unit Energy Consumption, UEC (kWh/    Section 3.3.13.
 yr).
------------------------------------------------------------------------

3.1.2. Verifying Accuracy and Precision of Measuring Equipment

    Any power measurement equipment utilized for testing must 
conform to the uncertainty and resolution requirements outlined in 
section 4, ``General conditions for measurement'', 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).

3.1.3. Setting Up the Test Room

    All tests, battery conditioning, and battery rest periods shall 
be carried out in a room with an air speed immediately surrounding 
the UUT of <=0.5 m/s. The ambient temperature shall be maintained at 
20 [deg]C  5 [deg]C throughout the test. There shall be 
no intentional cooling of the UUT such as by use of separately 
powered fans, air conditioners, or heat sinks. The UUT shall be 
conditioned, rested, and tested on a thermally non-conductive 
surface. When not undergoing active testing, batteries shall be 
stored at 20 [deg]C  5 [deg]C.

3.1.4. Verifying the UUT's Input Voltage and Input Frequency

    (a) 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.
    (b) If a charger is powered by a low-voltage DC or AC input, and 
the manufacturer packages the charger with a wall adapter, sells, or 
recommends an optional wall adapter capable of providing that low 
voltage input, then the charger shall be tested using that wall 
adapter and the input reference source shall be 115 V at 60 Hz. If 
the wall adapter cannot be operated with AC input voltage at 115 V 
at 60 Hz, the charger shall not be tested.
    (c) If the UUT is designed for operation only on DC input 
voltage and the provisions of section 3.1.4(b) of this appendix do 
not apply, it shall be tested with one of the

[[Page 89824]]

following input voltages: 5.0 V DC for products drawing power from a 
computer USB port or the midpoint of the rated input voltage range 
for all other products. The input voltage shall be within 1 percent of the above specified voltage.
    (d) If the input voltage is AC, the input frequency shall be 
within 1 percent of the specified frequency. The THD of 
the input voltage shall be <=2 percent, up to and including the 13th 
harmonic. The crest factor of the input voltage shall be between 
1.34 and 1.49.
    (e) If the input voltage is DC, the AC ripple voltage (RMS) 
shall be:
    (1) <=0.2 V for DC voltages up to 10 V; or
    (2) <=2 percent of the DC voltage for DC voltages over 10 V.

3.2. Unit Under Test Setup Requirements

3.2.1. General Setup

    (a) The battery charger system shall be prepared and set up in 
accordance with the manufacturer's instructions, except where those 
instructions conflict with the requirements of this test procedure. 
If no instructions are given, then factory or ``default'' settings 
shall be used, or where there are no indications of such settings, 
the UUT shall be tested in the condition as it would be supplied to 
an end user.
    (b) If the battery charger has user controls to select from two 
or more charge rates (such as regular or fast charge) or different 
charge currents, the test shall be conducted at the fastest charge 
rate that is recommended by the manufacturer for everyday use, or, 
failing any explicit recommendation, the factory-default charge 
rate. If the charger has user controls for selecting special charge 
cycles that are recommended only for occasional use to preserve 
battery health, such as equalization charge, removing memory, or 
battery conditioning, these modes are not required to be tested. The 
settings of the controls shall be listed in the report for each 
test.

3.2.2. Selection and Treatment of the Battery Charger

    The UUT, including the battery charger and its associated 
battery, shall be new products of the type and condition that would 
be sold to a customer. If the battery is lead-acid chemistry and the 
battery is to be stored for more than 24 hours between its initial 
acquisition and testing, the battery shall be charged before such 
storage.

3.2.3. Selection of Batteries To Use for Testing

    (a) For chargers with integral batteries, the battery packaged 
with the charger shall be used for testing. For chargers with 
detachable batteries, the battery or batteries to be used for 
testing will vary depending on whether there are any batteries 
packaged with the battery charger.
    (1) If batteries are packaged with the charger, batteries for 
testing shall be selected from the batteries packaged with the 
battery charger, according to the procedure in section 3.2.3(b) of 
this appendix.
    (2) If no batteries are packaged with the charger, but the 
instructions specify or recommend batteries for use with the 
charger, batteries for testing shall be selected from those 
recommended or specified in the instructions, according to the 
procedure in section 3.2.3(b) of this appendix.
    (3) If no batteries are packaged with the charger and the 
instructions do not specify or recommend batteries for use with the 
charger, batteries for testing shall be selected from any that are 
suitable for use with the charger, according to the procedure in 
section 3.2.3(b) of this appendix.
    (b)(1) From the detachable batteries specified above, use Table 
3.2.1 of this appendix to select the batteries to be used for 
testing, depending on the type of battery charger being tested. The 
battery charger types represented by the rows in the table are 
mutually exclusive. Find the single applicable row for the UUT, and 
test according to those requirements. Select only the single battery 
configuration specified for the battery charger type in Table 3.2.1 
of this appendix.
    (2) If the battery selection criteria specified in Table 3.2.1 
of this appendix results in two or more batteries or configurations 
of batteries of different chemistries, but with equal voltage and 
capacity ratings, determine the maintenance mode power, as specified 
in section 3.3.9 of this appendix, for each of the batteries or 
configurations of batteries, and select for testing the battery or 
configuration of batteries with the highest maintenance mode power.
    (c) A charger is considered as:
    (1) Single-capacity if all associated batteries have the same 
nameplate battery charge capacity (see definition) and, if it is a 
batch charger, all configurations of the batteries have the same 
nameplate battery charge capacity.
    (2) Multi-capacity if there are associated batteries or 
configurations of batteries that have different nameplate battery 
charge capacities.
    (d) The selected battery or batteries will be referred to as the 
``test battery'' and will be used through the remainder of this test 
procedure.

                                   Table 3.2.1--Battery Selection for Testing
----------------------------------------------------------------------------------------------------------------
                           Type of charger                                         Tests to perform
----------------------------------------------------------------------------------------------------------------
                                                                             Battery selection  (from all
         Multi-voltage              Multi-port       Multi-capacity        configurations of all associated
                                                                                      batteries)
----------------------------------------------------------------------------------------------------------------
No............................  No...............  No...............  Any associated battery.
No............................  No...............  Yes..............  Highest charge capacity battery.
No............................  Yes..............  Yes or No........  Use all ports. Use the maximum number of
                                                                       identical batteries with the highest
                                                                       nameplate battery charge capacity that
                                                                       the charger can accommodate.
Yes...........................  No...............  No...............  Highest voltage battery.
                               --------------------------------------
Yes...........................  Yes to either or both                 Use all ports. Use the battery or
                                                                       configuration of batteries with the
                                                                       highest individual voltage. If multiple
                                                                       batteries meet this criteria, then use
                                                                       the battery or configuration of batteries
                                                                       with the highest total nameplate battery
                                                                       charge capacity at the highest individual
                                                                       voltage.
----------------------------------------------------------------------------------------------------------------

3.2.4. Limiting Other Non-Battery-Charger Functions

    (a) If the battery charger or product containing the battery 
charger does not have any additional functions unrelated to battery 
charging, this subsection may be skipped.
    (b) Any optional functions controlled by the user and not 
associated with the battery charging process (e.g., the answering 
machine in a cordless telephone charging base) shall be switched 
off. If it is not possible to switch such functions off, they shall 
be set to their lowest power-consuming mode during the test.
    (c) If the battery charger takes any physically separate 
connectors or cables not required for battery charging but 
associated with its other functionality (such as phone lines, serial 
or USB connections, Ethernet, cable TV lines, etc.), these 
connectors or cables shall be left disconnected during the testing.
    (d) Any manual on-off switches specifically associated with the 
battery charging process shall be switched on for the duration of 
the charge, maintenance, and no-battery mode tests, and switched off 
for the off mode test.

3.2.5. Accessing the Battery for the Test

    (a) The technician may need to disassemble the end-use product 
or battery charger to gain access to the battery terminals for the 
Battery Discharge Energy Test in section 3.3.8 of this appendix. If 
the battery terminals are not clearly labeled, the technician shall 
use a voltmeter to identify the positive and negative terminals. 
These terminals will be the ones that give the largest voltage 
difference and are able to deliver significant current (0.2 C or 1/
hr) into a load.

[[Page 89825]]

    (b) All conductors used for contacting the battery must be 
cleaned and burnished prior to connecting in order to decrease 
voltage drops and achieve consistent results.
    (c) Manufacturer's instructions for disassembly shall be 
followed, except those instructions that:
    (1) Lead to any permanent alteration of the battery charger 
circuitry or function;
    (2) Could alter the energy consumption of the battery charger 
compared to that experienced by a user during typical use, e.g., due 
to changes in the airflow through the enclosure of the UUT; or
    (3) Conflict requirements of this test procedure.
    (d) Care shall be taken by the technician during disassembly to 
follow appropriate safety precautions. If the functionality of the 
device or its safety features is compromised, the product shall be 
discarded after testing.
    (e) Some products may include protective circuitry between the 
battery cells and the remainder of the device. If the manufacturer 
provides a description for accessing the connections at the output 
of the protective circuitry, these connections shall be used to 
discharge the battery and measure the discharge energy. The energy 
consumed by the protective circuitry during discharge shall not be 
measured or credited as battery energy.
    (f) If the technician, despite diligent effort and use of the 
manufacturer's instructions, encounters any of the following 
conditions noted immediately below, the Battery Discharge Energy and 
the Charging and Maintenance Mode Energy shall be reported as ``Not 
Applicable'':
    (1) Inability to access the battery terminals;
    (2) Access to the battery terminals destroys charger 
functionality; or
    (3) Inability to draw current from the test battery.

3.2.6. Determining Charge Capacity for Batteries With No Rating

    (a) If there is no rating for the battery charge capacity on the 
battery or in the instructions, then the technician shall determine 
a discharge current that meets the following requirements. The 
battery shall be fully charged and then discharged at this constant-
current rate until it reaches the end-of-discharge voltage specified 
in Table 3.3.2 of this appendix. The discharge time must be not less 
than 4.5 hours nor more than 5 hours. In addition, the discharge 
test (section 3.3.8 of this appendix) (which may not be starting 
with a fully-charged battery) shall reach the end-of-discharge 
voltage within 5 hours. The same discharge current shall be used for 
both the preparations step (section 3.3.4 of this appendix) and the 
discharge test (section 3.3.8 of this appendix). The test report 
shall include the discharge current used and the resulting discharge 
times for both a fully-charged battery and for the discharge test.
    (b) For this section, the battery is considered as ``fully 
charged'' when either: it has been charged by the UUT until an 
indicator on the UUT shows that the charge is complete; or it has 
been charged by a battery analyzer at a current not greater than the 
discharge current until the battery analyzer indicates that the 
battery is fully charged.
    (c) When there is no capacity rating, a suitable discharge 
current must generally be determined by trial and error. Since the 
conditioning step does not require constant-current discharges, the 
trials themselves may also be counted as part of battery 
conditioning.

3.3. Test Measurement

    The test sequence to measure the battery charger energy 
consumption is summarized in Table 3.3.1 of this appendix, and 
explained in detail in this appendix. Measurements shall be made 
under test conditions and with the equipment specified in sections 
3.1 and 3.2 of this appendix.

                                           Table 3.3.1--Test Sequence
----------------------------------------------------------------------------------------------------------------
                                                                         Equipment needed
                                                 ---------------------------------------------------------------
                                                                            Battery
                                                                           analyzer                 Thermometer
       Step/Description           Data taken?        Test                     or       AC power    (for flooded
                                                    battery     Charger    constant-     meter       lead-acid
                                                                            current                   battery
                                                                             load                 chargers only)
----------------------------------------------------------------------------------------------------------------
1. Record general data on      Yes..............          X           X   ..........  ..........  ..............
 UUT; Section 3.3.1.
2. Determine test duration;    No...............  ..........  ..........  ..........  ..........  ..............
 Section 3.3.2.
3. Battery conditioning;       No...............          X           X           X   ..........  ..............
 Section 3.3.3.
4. Prepare battery for charge  No...............          X           X   ..........  ..........  ..............
 test; Section 3.3.4.
5. Battery rest period;        No...............          X   ..........  ..........  ..........              X
 Section 3.3.5.
6. Conduct Charge Mode and     Yes..............          X           X   ..........          X   ..............
 Battery Maintenance Mode
 Test; Section 3.3.6.
7. Battery Rest Period;        No...............          X   ..........  ..........  ..........              X
 Section 3.3.7.
8. Battery Discharge Energy    Yes..............          X   ..........          X   ..........  ..............
 Test; Section 3.3.8.
9. Determining the             Yes..............          X           X   ..........          X   ..............
 Maintenance Mode Power;
 Section 3.3.9.
10. Calculating the 24-Hour    No...............  ..........  ..........  ..........  ..........  ..............
 Energy Consumption; Section
 3.3.10.
11. Standby Mode Test;         Yes..............  ..........          X   ..........          X   ..............
 Section 3.3.11.
12. Off Mode Test; Section     Yes..............  ..........          X   ..........          X   ..............
 3.3.12.
----------------------------------------------------------------------------------------------------------------

3.3.1. Recording General Data on the UUT

    The technician shall record:
    (a) The manufacturer and model of the battery charger;
    (b) The presence and status of any additional functions 
unrelated to battery charging;
    (c) The manufacturer, model, and number of batteries in the test 
battery;
    (d) The nameplate battery voltage of the test battery;
    (e) The nameplate battery charge capacity of the test battery; 
and
    (f) The nameplate battery charge energy of the test battery.
    (g) The settings of the controls, if battery charger has user 
controls to select from two or more charge rates.

3.3.2. Determining the Duration of the Charge and Maintenance Mode 
Test

    (a) The charging and maintenance mode test, described in detail 
in section 3.3.6 of this appendix, shall be 24 hours in length or 
longer, as determined by the items below. Proceed in order until a 
test duration is determined.
    (1) If the battery charger has an indicator to show that the 
battery is fully charged, that indicator shall be used as follows: 
If the indicator shows that the battery is charged after 19 hours of 
charging, the test shall be terminated at 24 hours. Conversely, if 
the full-charge indication is not yet present after 19 hours of 
charging, the test shall continue until 5 hours after the indication 
is present.
    (2) If there is no indicator, but the manufacturer's 
instructions indicate that charging this battery or this capacity of 
battery should be complete within 19 hours, the test shall be for 24 
hours. If the instructions indicate that charging may take longer 
than 19 hours, the test shall be run for the longest estimated 
charge time plus 5 hours.
    (3) If there is no indicator and no time estimate in the 
instructions, but the charging current is stated on the charger or 
in the

[[Page 89826]]

instructions, calculate the test duration as the longer of 24 hours 
or:
[GRAPHIC] [TIFF OMITTED] TR12DE16.027

    (b) If none of the above applies, the duration of the test shall 
be 24 hours.

3.3.3. Battery Conditioning

    (a) No conditioning is to be done on lithium-ion batteries. The 
test technician shall proceed directly to battery preparation, 
section 3.3.4 of this appendix, when testing chargers for these 
batteries.
    (b) Products with integral batteries will have to be 
disassembled per the instructions in section 3.2.5 of this appendix, 
and the battery disconnected from the charger for discharging.
    (c) Batteries of other chemistries that have not been previously 
cycled are to be conditioned by performing two charges and two 
discharges, followed by a charge, as below. No data need be recorded 
during battery conditioning.
    (1) The test battery shall be fully charged for the duration 
specified in section 3.3.2 of this appendix or longer using the UUT.
    (2) The test battery shall then be fully discharged using 
either:
    (i) A battery analyzer at a rate not to exceed 1 C, until its 
average cell voltage under load reaches the end-of-discharge voltage 
specified in Table 3.3.2 of this appendix for the relevant battery 
chemistry; or
    (ii) The UUT, until the UUT ceases operation due to low battery 
voltage.
    (3) The test battery shall again be fully charged as in step 
(c)(1) of this section.
    (4) The test battery shall again be fully discharged as per step 
(c)(2) of this section.
    (5) The test battery shall be again fully charged as in step 
(c)(1) of this section.
    (d) Batteries of chemistries, other than lithium-ion, that are 
known to have been through at least two previous full charge/
discharge cycles shall only be charged once per step (c)(5), of this 
section.

3.3.4. Preparing the Battery for Charge Testing

    Following any conditioning prior to beginning the battery charge 
test (section 3.3.6 of this appendix), the test battery shall be 
fully discharged for the duration specified in section 3.3.2 of this 
appendix, or longer using a battery analyzer.

3.3.5. Resting the Battery

    The test battery shall be rested between preparation and the 
battery charge test. The rest period shall be at least one hour and 
not exceed 24 hours. For batteries with flooded cells, the 
electrolyte temperature shall be less than 30 [deg]C before 
charging, even if the rest period must be extended longer than 24 
hours.

3.3.6. Testing Charge Mode and Battery Maintenance Mode

    (a) The Charge and Battery Maintenance Mode test measures the 
energy consumed during charge mode and some time spent in the 
maintenance mode of the UUT. Functions required for battery 
conditioning that happen only with some user-selected switch or 
other control shall not be included in this measurement. (The 
technician shall manually turn off any battery conditioning cycle or 
setting.) Regularly occurring battery conditioning or maintenance 
functions that are not controlled by the user will, by default, be 
incorporated into this measurement.
    (b) During the measurement period, input power values to the UUT 
shall be recorded at least once every minute.
    (1) If possible, the technician shall set the data logging 
system to record the average power during the sample interval. The 
total energy is computed as the sum of power samples (in watts) 
multiplied by the sample interval (in hours).
    (2) If this setting is not possible, then the power analyzer 
shall be set to integrate or accumulate the input power over the 
measurement period and this result shall be used as the total 
energy.
    (c) The technician shall follow these steps:
    (1) Ensure that the user-controllable device functionality not 
associated with battery charging and any battery conditioning cycle 
or setting are turned off, as instructed in section 3.2.4 of this 
appendix;
    (2) Ensure that the test battery used in this test has been 
conditioned, prepared, discharged, and rested as described in 
sections 3.3.3 through 3.3.5 of this appendix;
    (3) Connect the data logging equipment to the battery charger;
    (4) Record the start time of the measurement period, and begin 
logging the input power;
    (5) Connect the test battery to the battery charger within 3 
minutes of beginning logging. For integral battery products, connect 
the product to a cradle or wall adapter within 3 minutes of 
beginning logging;
    (6) After the test battery is connected, record the initial time 
and power (W) of the input current to the UUT. These measurements 
shall be taken within the first 10 minutes of active charging;
    (7) Record the input power for the duration of the ``Charging 
and Maintenance Mode Test'' period, as determined by section 3.3.2 
of this appendix. The actual time that power is connected to the UUT 
shall be within 5 minutes of the specified period; and
    (8) Disconnect power to the UUT, terminate data logging, and 
record the final time.

3.3.7. Resting the Battery

    The test battery shall be rested between charging and 
discharging. The rest period shall be at least 1 hour and not more 
than 4 hours, with an exception for flooded cells. For batteries 
with flooded cells, the electrolyte temperature shall be less than 
30 [deg]C before charging, even if the rest period must be extended 
beyond 4 hours.

3.3.8. Battery Discharge Energy Test

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

3.3.9. Determining the Maintenance Mode Power

    After the measurement period is complete, the technician shall 
determine the average maintenance mode power consumption by 
examining the power-versus-time data from the charge and maintenance 
test and:
    (a) If the maintenance mode power is cyclic or shows periodic 
pulses, compute the average power over a time period that spans a 
whole number of cycles and includes at least the last 4 hours.
    (b) Otherwise, calculate the average power value over the last 4 
hours.

3.3.10. Determining the 24-Hour Energy Consumption

    The accumulated energy or the average input power, integrated 
over the test period

[[Page 89827]]

from the charge and maintenance mode test, shall be used to 
calculate 24-hour energy consumption.

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

3.3.11. Standby Mode Energy Consumption Measurement

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

3.3.12. Off Mode Energy Consumption Measurement

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

3.3.13. Unit Energy Consumption Calculation

    Unit energy consumption (UEC) shall be calculated for a battery 
charger using one of the two equations (equation (i) or equation 
(ii)) listed in this section. If a battery charger is tested and its 
charge duration as determined in section 3.3.2 of this appendix 
minus 5 hours is greater than the threshold charge time listed in 
table 3.3.3 of this appendix (i.e. (tcd - 5) * n > 
ta&m), equation (ii) shall be used to calculate UEC; 
otherwise a battery charger's UEC shall be calculated using equation 
(i).
[GRAPHIC] [TIFF OMITTED] TR12DE16.020

Where:

E24 = 24-hour energy as determined in section 3.3.10 of this 
appendix,
Ebatt = Measured battery energy as determined in section 3.3.8 of 
this appendix,
Pm = Maintenance mode power as determined in section 3.3.9 of this 
appendix,
Psb = Standby mode power as determined in section 3.3.11 of this 
appendix,

[[Page 89828]]

Poff = Off mode power as determined in section 3.3.12 of this 
appendix,
tcd = Charge test duration as determined in section 3.3.2 of this 
appendix, and
ta&m, n, tsb, and toff, are constants used depending upon a device's 
product class and found in the following table:

                                                       Table 3.3.3--Battery Charger Usage Profiles
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                       Product class                                                  Hours per day ***           Charges     Threshold
--------------------------------------------------------------------------------------------------------------------------------    (n)      charge time
                                                                               Special         Active +                         -----------       *
             Number                  Description        Rated battery     characteristic or   maintenance   Standby      Off       Number  -------------
                                                      energy (ebatt) **   battery  voltage      (ta&m)       (tsb)      (toff)    per day       Hours
--------------------------------------------------------------------------------------------------------------------------------------------------------
1..............................  Low-Energy........  <=5 Wh............  Inductive                  20.66       0.10       0.00       0.15        137.73
                                                                          Connection ****.
2..............................  Low-Energy, Low-    <100 Wh...........  <4 V..............          7.82       5.29       0.00       0.54         14.48
                                  Voltage.
3..............................  Low-Energy, Medium-                     4-10 V............          6.42       0.30       0.00       0.10         64.20
                                  Voltage.
4..............................  Low-Energy, High-                       >10 V.............         16.84       0.91       0.00       0.50         33.68
                                  Voltage.
5..............................  Medium-Energy, Low- 100-3000 Wh.......  <20 V.............          6.52       1.16       0.00       0.11         59.27
                                  Voltage.
6..............................  Medium-Energy,                          >=20 V............         17.15       6.85       0.00       0.34         50.44
                                  High-Voltage.
7..............................  High-Energy.......  >3000 Wh..........  ..................          8.14       7.30       0.00       0.32         25.44
--------------------------------------------------------------------------------------------------------------------------------------------------------
* If the duration of the charge test (minus 5 hours) as determined in section 3.3.2 of appendix Y to subpart B of this part exceeds the threshold charge
  time, use equation (ii) to calculate UEC otherwise use equation (i).
** Ebatt = Rated battery energy as determined in 10 CFR part 429.39(a).
*** If the total time does not sum to 24 hours per day, the remaining time is allocated to unplugged time, which means there is 0 power consumption and
  no changes to the UEC calculation needed.
**** Inductive connection and designed for use in a wet environment (e.g. electric toothbrushes).

4. Testing Requirements for Uninterruptible Power Supplies

4.1. Standard Test Conditions

4.1.1. Measuring Equipment

    (a) The power or energy meter must provide true root mean square 
(r. m. s) measurements of the active input and output measurements, 
with an uncertainty at full rated load of less than or equal to 0.5% at 
the 95% confidence level notwithstanding that voltage and current 
waveforms can include harmonic components. The meter must measure input 
and output values simultaneously.
    (b) All measurement equipment used to conduct the tests must be 
calibrated within the measurement equipment manufacturer specified 
calibration period by a standard traceable to International System of 
Units such that measurements meet the uncertainty requirements 
specified in section 4.1.1(a) of this appendix.

4.1.2. Test Room Requirements

    All portions of the test must be carried out in a room with an air 
speed immediately surrounding the UUT of <=0.5 m/s in all directions. 
Maintain the ambient temperature in the range of 20.0 [deg]C to 30.0 
[deg]C, including all inaccuracies and uncertainties introduced by the 
temperature measurement equipment, throughout the test. No intentional 
cooling of the UUT, such as by use of separately powered fans, air 
conditioners, or heat sinks, is permitted. Test the UUT on a thermally 
non-conductive surface.

4.1.3. Input Voltage and Input Frequency

    The AC input voltage and frequency to the UPS during testing must 
be within 3 percent of the highest rated voltage and within 1 percent 
of the highest rated frequency of the device.

4.2. Unit Under Test Setup Requirements

4.2.1. General Setup

    Configure the UPS according to Annex J.2 of IEC 62040-3 Ed. 2.0 
(incorporated by reference, see Sec.  430.3) with the following 
additional requirements:
    (a) UPS Operating Mode Conditions. If the UPS can operate in two or 
more distinct normal modes as more than one UPS architecture, conduct 
the test in its lowest input dependency as well as in its highest input 
dependency mode where VFD represents the lowest possible input 
dependency, followed by VI and then VFI.
    (b) Energy Storage System. The UPS must not be modified or adjusted 
to disable energy storage charging features. Minimize the transfer of 
energy to and from the energy storage system by ensuring the energy 
storage system is fully charged (at the start of testing) as follows:
    (1) If the UUT has a battery charge indicator, charge the battery 
for 5 hours after the UUT has indicated that it is fully charged.
    (2) If the UUT does not have a battery charge indicator but the 
user manual shipped with the UUT specifies a time to reach full charge, 
charge the battery for 5 hours longer than the time specified.
    (3) If the UUT does not have a battery charge indicator or user 
manual instructions, charge the battery for 24 hours.
    (c) DC output port(s). All DC output port(s) of the UUT must remain 
unloaded during testing.

4.2.2. Additional Features

    (a) Any feature unrelated to maintaining the energy storage system 
at full charge or delivery of load power (e.g., LCD display) shall be 
switched off. If it is not possible to switch such features off, they 
shall be set to their lowest power-consuming mode during the test.
    (b) If the UPS takes any physically separate connectors or cables 
not required for maintaining the energy storage system at full charge 
or delivery of load power but associated with other features (such as 
serial or USB connections, Ethernet, etc.), these connectors or cables 
shall be left disconnected during the test.
    (c) Any manual on-off switches specifically associated with 
maintaining the energy storage system at full charge or delivery of 
load power shall be switched on for the duration of the test.

[[Page 89829]]

4.3. Test Measurement and Calculation

    Efficiency can be calculated from either average power or 
accumulated energy.

4.3.1. Average Power Calculations

    If efficiency calculation are to be made using average power, 
calculate the average power consumption (Pavg) by sampling 
the power at a rate of at least 1 sample per second and computing the 
arithmetic mean of all samples over the time period specified for each 
test as follows:
[GRAPHIC] [TIFF OMITTED] TR12DE16.021

Where:

Pavg = average power
Pi = power measured during individual measurement (i)
n = total number of measurements

4.3.2. Steady State

    Operate the UUT and the load for a sufficient length of time to 
reach steady state conditions. To determine if steady state conditions 
have been attained, perform the following steady state check, in which 
the difference between the two efficiency calculations must be less 
than 1 percent:
    (a)(1) Simultaneously measure the UUT's input and output power for 
at least 5 minutes, as specified in section 4.3.1 of this appendix, and 
record the average of each over the duration as Pavg\in and Pavg\out, 
respectively. Or,
    (2) Simultaneously measure the UUT's input and output energy for at 
least 5 minutes and record the accumulation of each over the duration 
as Ein and Eout, respectively.
    (b) Calculate the UUT's efficiency, Eff1, using one of the 
following two equations:
[GRAPHIC] [TIFF OMITTED] TR12DE16.022

Where:

Eff is the UUT efficiency
Pavg\out is the average output power in watts
Pavg\in is the average input power in watts
[GRAPHIC] [TIFF OMITTED] TR12DE16.023

Where:

Eff is the UUT efficiency
Eout is the accumulated output energy in watt-hours
Ein in the accumulated input energy in watt-hours

    (c) Wait a minimum of 10 minutes.
    (d) Repeat the steps listed in paragraphs (a) and (b) of section 
4.3.2 of this appendix to calculate another efficiency value, Eff2.
    (e) Determine if the product is at steady state using the following 
equation:
[GRAPHIC] [TIFF OMITTED] TR12DE16.024

    If the percentage difference of Eff1 and Eff2 as described in the 
equation, is less than 1 percent, the product is at steady state.
    (f) If the percentage difference is greater than or equal to 1 
percent, the product is not at steady state. Repeat the steps listed in 
paragraphs (c) to (e) of section 4.3.2 of this appendix until the 
product is at steady state.

4.3.3. Power Measurements and Efficiency Calculations

    Measure input and output power of the UUT according to Section J.3 
of Annex J of IEC 62040-3 Ed. 2.0 (incorporated by reference, see Sec.  
430.3), or measure the input and output energy of the UUT for 
efficiency calculations with the following exceptions:
    (a) Test the UUT at the following reference test load conditions, 
in the following order: 100 percent, 75 percent, 50 percent, and 25 
percent of the rated output power.
    (b) Perform the test at each of the reference test loads by 
simultaneously measuring the UUT's input and output power in Watts (W), 
or input and output energy in Watt-Hours (Wh) over a 15 minute test 
period at a rate of at least 1 Hz. Calculate the efficiency for that 
reference load using one of the following two equations:
[GRAPHIC] [TIFF OMITTED] TR12DE16.025


[[Page 89830]]


Where:

Effn = the efficiency at reference test load n%
Pavg\out n = the average output power at reference load n%
Pavg\in n = the average input power at reference load n%
[GRAPHIC] [TIFF OMITTED] TR12DE16.026

Where:

Effn = the efficiency at reference test load n%
Eout n = the accumulated output energy at reference load n%
Ein n = the accumulated input energy at reference load n%

4.3.4. UUT Classification

    Optional Test for determination of UPS architecture. Determine the 
UPS architecture by performing the tests specified in the definitions 
of VI, VFD, and VFI (sections 2.28.1 through 2.28.3 of this appendix).

4.3.5. Output Efficiency Calculation

    (a) Use the load weightings from Table 4.3.1 to determine the 
average load adjusted efficiency as follows:
[GRAPHIC] [TIFF OMITTED] TR12DE16.029

Where:

Effavg = the average load adjusted efficiency
tn = the portion of time spent at reference test load n% as 
specified in Table 4.3.1
Eff[bond]n = the measured efficiency at reference test load 
n%

                                          Table 4.3.1--Load Weightings
----------------------------------------------------------------------------------------------------------------
                                                              Portion of time spent at reference load
    Rated output power (W)      UPS architecture ---------------------------------------------------------------
                                                        25%             50%             75%            100%
----------------------------------------------------------------------------------------------------------------
P <= 1500 W...................  VFD.............             0.2             0.2             0.3             0.3
                                VI or VFI.......           0 \*\             0.3             0.4             0.3
P > 1500 W....................  VFD, VI, or VFI.           0 \*\             0.3             0.4             0.3
----------------------------------------------------------------------------------------------------------------
* Measuring efficiency at loading points with 0 time weighting is not required.

    (b) Round the calculated efficiency value to one tenth of a 
percentage point.
[FR Doc. 2016-28972 Filed 12-9-16; 8:45 am]
 BILLING CODE 6450-01-P



                                                 89806            Federal Register / Vol. 81, No. 238 / Monday, December 12, 2016 / Rules and Regulations

                                                 DEPARTMENT OF ENERGY                                      Pete Cochran, U.S. Department of                      B. Review Under the Regulatory Flexibility
                                                                                                         Energy, Office of the General Counsel,                     Act
                                                 10 CFR Parts 429 and 430                                GC–71, 1000 Independence Avenue                         C. Review Under the Paperwork Reduction
                                                                                                                                                                    Act of 1995
                                                 [Docket No. EERE–2016–BT–TP–0018]                       SW., Washington, DC 20585–0121.
                                                                                                                                                                 D. Review Under the National
                                                                                                         Telephone: (202) 586–9496. Email:                          Environmental Policy Act of 1969
                                                 RIN 1904–AD68                                           Peter.Cochran@hq.doe.gov.                               E. Review Under Executive Order 13132
                                                 Energy Conservation Program: Test                       SUPPLEMENTARY INFORMATION: This final                   F. Review Under Executive Order 12988
                                                                                                         rule incorporates by reference the                      G. Review Under the Unfunded Mandates
                                                 Procedure for Uninterruptible Power
                                                                                                         following industry standards into 10                       Reform Act of 1995
                                                 Supplies                                                                                                        H. Review Under the Treasury and General
                                                                                                         CFR part 430:
                                                 AGENCY:  Office of Energy Efficiency and                                                                           Government Appropriations Act, 1999
                                                                                                           1. ANSI/NEMA WD 6–2016, ‘‘Wiring
                                                 Renewable Energy, Department of                                                                                 I. Review Under Executive Order 12630
                                                                                                         Devices—Dimensional Specifications’’,                   J. Review Under Treasury and General
                                                 Energy.                                                 ANSI approved February 11, 2016,                           Government Appropriations Act, 2001
                                                 ACTION: Final rule.                                     Figure 1–15 and Figure 5–15.                            K. Review Under Executive Order 13211
                                                                                                           Copies of ANSI/NEMA WD 6–2016                         L. Review Under Section 32 of the Federal
                                                 SUMMARY:   The U.S. Department of
                                                                                                         can be obtained from American National                     Energy Administration Act of 1974
                                                 Energy (DOE) is revising its battery                                                                            M. Congressional Notification
                                                                                                         Standards Institute, 25 W. 43rd Street,
                                                 charger test procedure established under                                                                        N. Description of Materials Incorporated by
                                                                                                         4th Floor, New York, NY 10036, 212–
                                                 the Energy Policy and Conservation Act                                                                             Reference
                                                                                                         642–4900, or by going to http://
                                                 of 1975, as amended. These revisions                                                                          V. Approval of the Office of the Secretary
                                                                                                         www.ansi.org
                                                 will add a discrete test procedure for
                                                 uninterruptible power supplies (UPSs)                     2. IEC 62040–3, ‘‘Uninterruptible                   I. Authority and Background
                                                 to the current battery charger test                     power systems (UPS)—Part 3: Methods                      Title III of the Energy Policy and
                                                 procedure.                                              of specifying the performance and test                Conservation Act of 1975 (42 U.S.C.
                                                                                                         requirements,’’ Edition 2.0, 2011–03,                 6291, et seq.; ‘‘EPCA’’ or, ‘‘the Act’’) sets
                                                 DATES: The effective date of this rule is               Section 5.2.1, Clause 5.2.2.k, Clause
                                                 January 11, 2017. The final rule changes                                                                      forth a variety of provisions designed to
                                                                                                         5.3.2.d, Clause 5.3.2.e, Section 5.3.4,               improve energy efficiency.1 Part B 2 of
                                                 will be mandatory for representations                   Section 6.2.2.7, Section 6.4.1 (except
                                                 starting June 12, 2017. The                                                                                   title III, established the Energy
                                                                                                         6.4.1.3, 6.4.1.4, 6.4.1.5, 6.4.1.6, 6.4.1.7,          Conservation Program for Consumer
                                                 incorporation by reference of certain                   6.4.1.8, 6.4.1.9 and 6.4.1.10), Annex G,
                                                 publications listed in this rule is                                                                           Products Other Than Automobiles.
                                                                                                         and Annex J.                                          Battery chargers are among the
                                                 approved by the Director of the Federal                   Copies of the IEC 62040–3 Ed. 2.0
                                                 Register on January 11, 2017.                                                                                 consumer products affected by these
                                                                                                         standard are available from the                       provisions. (42 U.S.C. 6295(u))
                                                 ADDRESSES: The docket, which includes                   American National Standards Institute,                   Under EPCA, the energy conservation
                                                 Federal Register notices, public meeting                25 W. 43rd Street, 4th Floor, New York,               program consists essentially of four
                                                 attendee lists and transcripts,                         NY 10036, or at http://                               parts: (1) Testing, (2) labeling, (3) federal
                                                 comments, and other supporting                          webstore.ansi.org/.                                   energy conservation standards, and (4)
                                                 documents/materials, is available for                     For further discussion of these                     certification and enforcement
                                                 review at www.regulations.gov. All                      standards, see section IV.N.                          procedures. The testing requirements
                                                 documents in the docket are listed in
                                                                                                         Table of Contents                                     consist of test procedures that
                                                 the www.regulations.gov index.
                                                                                                                                                               manufacturers of covered products must
                                                 However, some documents listed in the                   I. Authority and Background                           use as the basis for (1) certifying to DOE
                                                 index, such as those containing                         II. Synopsis of the Final Rule
                                                                                                                                                               that their products comply with the
                                                 information that is exempt from public                  III. Discussion
                                                                                                            A. Covered Products and Scope                      applicable energy conservation
                                                 disclosure, may not be publicly
                                                                                                            B. Existing Test Procedures and Standards          standards adopted under EPCA, and (2)
                                                 available.
                                                    A link to the docket Web page can be                       Incorporated by Reference                       making representations about the
                                                 found at https://www.regulations.gov/                      C. Definitions                                     efficiency of those products. Similarly,
                                                 docket?D=EERE-2016-BT-TP-0018. The
                                                                                                            1. Reference Test Load                             DOE must use these test procedures to
                                                                                                            2. Uninterruptible Power Supply                    determine whether the products comply
                                                 docket Web page will contain simple                        3. Input Dependency
                                                 instructions on how to access all                                                                             with any relevant standards
                                                                                                            4. Normal Mode                                     promulgated under EPCA.
                                                 documents, including public comments,                      D. Test Conditions
                                                 in the docket.                                             1. Accuracy and Precision of Measuring             General Test Procedure Rulemaking
                                                    For further information on how to                          Equipment                                       Process
                                                 review the docket, contact the                             2. Environmental Conditions
                                                                                                            3. Input Voltage and Frequency                       Under 42 U.S.C. 6293, EPCA sets forth
                                                 Appliance and Equipment Standards
                                                                                                            E. Battery Configuration                           the criteria and procedures DOE must
                                                 Program staff at (202) 586–6636 or by
                                                                                                            F. Product Configuration                           follow when prescribing or amending
                                                 email: ApplianceStandardsQuestions@
                                                                                                            G. Average Power and Efficiency                    test procedures for covered products.
                                                 ee.doe.gov.                                                   Calculation                                     EPCA provides in relevant part that any
                                                 FOR FURTHER INFORMATION CONTACT:                           1. Average Power                                   test procedures prescribed or amended
                                                 Jeremy Dommu, U.S. Department of                           2. Efficiency                                      under this section shall be reasonably
                                                 Energy, Office of Energy Efficiency and                    H. Output Metric                                   designed to produce test results which
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                                                 Renewable Energy, Building                                 I. Effective Date of and Compliance With
                                                 Technologies Office, EE–5B, 1000                              Test Procedure                                    1 All references to EPCA refer to the statute as
                                                                                                            J. Sampling Plan for Determination of
                                                 Independence Avenue SW.,                                      Certified Rating
                                                                                                                                                               amended through the Energy Efficiency
                                                 Washington, DC 20585–0121.                                                                                    Improvement Act, Public Law 114–11 (April 30,
                                                                                                            K. Certification Reports                           2015).
                                                 Telephone: (202) 586–9870. Email:                          L. Sample Represented Value Derivation               2 For editorial reasons, Part B was redesignated as
                                                 ApplianceStandardsQuestions@                            IV. Procedural Issues and Regulatory Review           Part A upon incorporation into the U.S. Code (42
                                                 ee.doe.gov.                                                A. Review Under Executive Order 12866              U.S.C. 6291–6309, as codified).



                                            VerDate Sep<11>2014   21:43 Dec 09, 2016   Jkt 241001   PO 00000   Frm 00002   Fmt 4701   Sfmt 4700   E:\FR\FM\12DER5.SGM   12DER5


                                                                     Federal Register / Vol. 81, No. 238 / Monday, December 12, 2016 / Rules and Regulations                                                  89807

                                                 measure energy efficiency, energy use or                          meetings) regarding testing of UPSs,                  and the computer systems framework
                                                 estimated annual operating cost of a                              which are discussed in the May 2016                   document regarding regulation of
                                                 covered product during a representative                           NOPR. DOE also received questions and                 battery chargers including UPSs. After
                                                 average use cycle or period of use and                            requests for clarification regarding the              considering these comments, DOE
                                                 shall not be unduly burdensome to                                 testing, rating, and classification of                reconsidered its position and found that
                                                 conduct. (42 U.S.C. 6293(b)(3))                                   battery chargers.                                     because a UPS meets the definition of a
                                                    In addition, if DOE determines that a                            As part of the continuing effort to                 battery charger, it is more appropriate to
                                                 test procedure amendment is warranted,                            establish federal energy conservation                 regulate UPSs as part of the battery
                                                 it must publish proposed test                                     standards for battery chargers and to                 charger rulemaking. Therefore, DOE
                                                 procedures and offer the public an                                develop a clear and widely applicable                 issued the May 2016 NOPR, which
                                                 opportunity to present oral and written                           test procedure, DOE published a notice                proposed to add a discrete test
                                                 comments on them. (42 U.S.C.                                      of data availability (May 2014 NODA)                  procedure for UPS to the existing
                                                 6293(b)(2)) Finally, in any rulemaking to                         on May 15, 2014. 79 FR 27774. This                    battery charger test procedure. This final
                                                 amend a test procedure, DOE must                                  NODA sought comments from                             rule adopts the proposals discussed in
                                                 determine to what extent, if any, the                             stakeholders concerning the                           the May 2016 NOPR, along with
                                                 proposed test procedure would alter the                           repeatability of the test procedure when              revisions suggested by stakeholder
                                                 measured energy efficiency of any                                 testing battery chargers with several                 comments.
                                                 covered product as determined under                               consumer configurations, and
                                                                                                                                                                         II. Synopsis of the Final Rule
                                                 the existing test procedure. (42 U.S.C.                           concerning the future market
                                                 6293(e)(1))                                                       penetration of new battery charging                      This final rule adds provisions for
                                                                                                                   technologies that may require revisions               testing UPSs to the battery charger test
                                                 Background                                                                                                              procedure. Specifically, DOE is
                                                                                                                   to the battery charger test procedure.
                                                   DOE previously published a notice of                            DOE also sought comments on the                       incorporating by reference specific
                                                 proposed rulemaking (NOPR) on March                               reporting requirements for                            sections of the IEC 62040–3 Ed. 2.0
                                                 27, 2012, regarding energy conservation                           manufacturers attempting to comply                    standard, with additional instructions,
                                                 standards for battery chargers and                                with the California Energy                            into the current battery charger test
                                                 external power supplies (March 2012                               Commission’s (CEC’s) efficiency                       procedure published at appendix Y to
                                                 NOPR) in which it proposed standards                              standards for battery chargers in order to            subpart B of 10 CFR part 430. This final
                                                 for battery chargers, including                                   understand certain data discrepancies in              rule also adds formal definitions of
                                                 uninterruptible power supplies (UPSs).                            the CEC database. These issues were                   uninterruptible power supply, voltage
                                                 77 FR 18478.                                                      discussed during DOE’s May 2014                       and frequency dependent UPS, voltage
                                                   Following the publication of this                               NODA public meeting on June 3, 2014.                  independent UPS, voltage and
                                                 March 2012 NOPR, DOE explored                                       Based upon discussions from the May                 frequency independent UPS, energy
                                                 whether to regulate UPSs as ‘‘computer                            2014 NODA public meeting and written                  storage system, normal mode and
                                                 systems.’’ See, e.g., 79 FR 11345 (Feb.                           comments submitted by various                         reference test load to appendix Y to
                                                 28, 2014) (proposed coverage                                      stakeholders, DOE published a NOPR                    subpart B of 10 CFR part 430 and revises
                                                 determination); 79 FR 41656 (July 17,                             (August 2015 NOPR) to revise the                      the compliance certification
                                                 2014) (computer systems framework                                 current battery charger test procedure.               requirements for battery chargers
                                                 document). DOE received a number of                               80 FR 46855 (Aug. 6, 2015). DOE                       published at 10 CFR 429.39. Table II.1
                                                 comments in response to those                                     received a number of stakeholder                      shows the significant changes since the
                                                 documents (and the related public                                 comments on the August 2015 NOPR                      May 2016 NOPR.

                                                                                                              TABLE II.1—SUMMARY OF SIGNIFICANT CHANGES
                                                               Sections                                             May 2016 NOPR                                                      Final rule

                                                 429.39 ..................................   • Proposed a sampling plan for compliance certification            • Adopted the proposed sampling plan for compliance
                                                                                               based on the test results of at least 2 units per basic            certification based on the test results of at least 2
                                                                                               model.                                                             units per basic model. Also added option for manu-
                                                                                                                                                                  facturers to certify compliance based on the test re-
                                                                                                                                                                  sults of a single unit per basic model.
                                                 1. Scope ...............................    • Proposed scope covered all products that met the                 • Adopted scope covers all products that meet the
                                                                                               proposed definition of a UPS and have an AC output.                adopted definition of UPS, utilize a NEMA 1–15P or
                                                                                                                                                                  5–15P input plug and have an AC output.
                                                 2. Definitions ........................     •   ‘‘Voltage and frequency independent UPS or VFI                 • ‘‘Voltage and frequency independent UPS or VFI
                                                                                               UPS means a UPS where the device remains in nor-                   UPS means a UPS where the device remains in nor-
                                                                                               mal mode producing an AC output voltage and fre-                   mal mode producing an AC output voltage and fre-
                                                                                               quency that is independent of input voltage and fre-               quency that is independent of input voltage and fre-
                                                                                               quency variations and protects the load against ad-                quency variations and protects the load against ad-
                                                                                               verse effects from such variations without depleting               verse effects from such variations without depleting
                                                                                               the stored energy source. The input voltage and fre-               the stored energy source.’’
                                                                                               quency variations through which the UPS must re-
                                                                                               main in normal mode is as follows:
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                                                                                             (1) ± 10% of the rated input voltage or the tolerance
                                                                                               range specified by the manufacturer, whichever is
                                                                                               greater; and
                                                                                             (2) ± 2% of the rated input frequency or the tolerance
                                                                                               range specified by the manufacturer, whichever is
                                                                                               greater.’’




                                            VerDate Sep<11>2014       21:43 Dec 09, 2016         Jkt 241001   PO 00000   Frm 00003   Fmt 4701   Sfmt 4700   E:\FR\FM\12DER5.SGM   12DER5


                                                 89808               Federal Register / Vol. 81, No. 238 / Monday, December 12, 2016 / Rules and Regulations

                                                                                                   TABLE II.1—SUMMARY OF SIGNIFICANT CHANGES—Continued
                                                               Sections                                                  May 2016 NOPR                                                                             Final rule

                                                                                             • ‘‘Voltage independent UPS or VI UPS means a UPS                                     • ‘‘Voltage independent UPS or VI UPS means a UPS
                                                                                               that produces an AC output within a specific toler-                                   that produces an AC output within a specific toler-
                                                                                               ance band that is independent of under-voltage or                                     ance band that is independent of under-voltage or
                                                                                               over-voltage variations in the input voltage without                                  over-voltage variations in the input voltage. The out-
                                                                                               depleting the stored energy source. The output fre-                                   put frequency of a VI UPS is dependent on the input
                                                                                               quency of a VI UPS is dependent on the input fre-                                     frequency, similar to a voltage and frequency de-
                                                                                               quency, similar to a voltage and frequency depend-                                    pendent system.’’
                                                                                               ent system.’’
                                                 4. Testing Requirements for                 • Proposed that the average power can be calculated                                   • Adopted that the average power can only be cal-
                                                   Uninterruptible Power                       either using accumulated energy or instantaneous                                      culated using instantaneous power.
                                                   Supplies.                                   power.
                                                                                             • Proposed that efficiency can only be calculated from                                • Adopted that efficiency can be calculated from aver-
                                                                                               average power.                                                                        age power or accumulated energy.



                                                 III. Discussion                                                       energy efficiency advocacy groups, and                                   the full set of comments can be found
                                                                                                                       a foreign government.                                                    at: https://www.regulations.gov/docket
                                                   In response to the May 2016 NOPR,                                      Table III.1 lists the entities that                                   Browser?rpp=25&so=DESC&sb=
                                                 DOE received written comments from                                    commented on the May 2016 NOPR and                                       commentDueDate&po=0&dct=PS&D
                                                 six interested parties, including                                     their affiliation. These comments are                                    =EERE-2016-BT-TP-0018
                                                 manufacturers, trade associations,                                    discussed in further detail below, and

                                                                   TABLE III.1—INTERESTED PARTIES THAT PROVIDED WRITTEN COMMENTS ON THE MAY 2016 NOPR
                                                                                                                                                                                                                                          Comment No.
                                                                                    Commenter                                                                Acronym                             Organization type/affiliation               (docket
                                                                                                                                                                                                                                           reference)

                                                 ARRIS Group, Inc .....................................................................     ARRIS .....................................        Manufacturer ...........................          0004
                                                 Information Technology Industry Council .................................                  ITI ............................................   Trade Association ...................             0007
                                                 National Electrical Manufacturers Association .........................                    NEMA ......................................        Trade Association ...................             0008
                                                 Natural Resources Defense Council, Appliance Standards                                     NRDC, et al. ...........................           Energy Efficiency Advocates ..                    0006
                                                    Awareness Project, Northwest Energy Efficiency Alliance,
                                                    Alliance to Save Energy, and American Council for an En-
                                                    ergy Efficient Economy.
                                                 People’s Republic of China ......................................................          P. R. China .............................          Foreign Government ...............                0009
                                                 Schneider Electric .....................................................................   Schneider Electric ...................             Manufacturer ...........................          0005



                                                    A number of interested parties also                                frequency independent (VFI) UPSs do                                      Electric requested that DOE identify and
                                                 provided oral comments at the June 9,                                 not exist in a consumer environment                                      add indicators to differentiate consumer
                                                 2016, public meeting. These comments                                  and requested that DOE update the                                        products from commercial products,
                                                 can be found in the public meeting                                    proposed scope of the test procedure to                                  such as pluggable Type A equipment as
                                                 transcript (Pub. Mtg. Tr.), which is                                  represent what consumers are                                             defined by the IEC 60950–1 standard, to
                                                 available on the docket.                                              purchasing. (Schneider Electric, Pub.                                    the scope. It reasoned that assumptions
                                                                                                                       Mtg. Tr., No. 0003, EERE–2016–BT–TP–                                     regarding covered versus non-covered
                                                 A. Covered Products and Scope                                         0018, pp. 29–30) NEMA requested that                                     products can result in significant effort
                                                   In the May 2016 NOPR, DOE                                           DOE adopt the standard wall plug                                         and expense wasted redesigning non-
                                                 proposed that all products that meet the                              requirement (12A at 115V) in the scope                                   covered products or result in significant
                                                 proposed definition of UPS and have an                                to differentiate consumer UPSs from                                      fines for failing to redesign products
                                                 AC output will be subject to the testing                              commercial UPSs. (NEMA, Pub. Mtg.                                        mistakenly and unintentionally thought
                                                 requirements of the proposed test                                     Tr., No. 0003, EERE–2016–BT–TP–0018,                                     to be out of scope. Schneider Electric
                                                 procedure. 81 FR 31545. During the                                    p. 22) Further, as part of written                                       requested that DOE add the North
                                                 public meeting held on June 9, 2016, to                               stakeholder comments, Schneider                                          American residential mains power,
                                                 discuss the May 2016 NOPR, Schneider                                  Electric expressed concern that DOE’s                                    single phase requirement of no more
                                                 Electric called the proposed scope broad                              definition of consumer products is                                       than 12A to the scope and remove all
                                                 and argued that the proposed scope                                    inadequate to describe the scope of                                      rack mounted or rack mountable UPSs
                                                 covers UPSs that can operate at power                                 products that DOE intends to regulate.                                   and UPSs that require multiphase power
                                                 levels beyond the standard household                                  The range of products within the scope                                   from the scope. (Schneider Electric, No.
                                                 power plugs. (Schneider Electric, Pub.                                of the definition of consumer products                                   0005, EERE–2016–BT–TP–0018, p. 5)
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                                                 Mtg. Tr., No. 0003, EERE–2016–BT–TP–                                  will be much broader than consumer                                       Schneider Electric further pointed out
                                                 0018, pp. 16–17) Schneider Electric                                   products in the marketplace and will                                     that the proposed load weightings table
                                                 claimed that voltage and frequency                                    include commercial and industrial                                        refers to UPSs with output powers
                                                 dependent (VFD) UPSs exist in a                                       applications that are not found in                                       greater than 1500W, which could
                                                 consumer environment, voltage                                         residences due to size and other criteria.                               include UPSs that are not specifically
                                                 independent (VI) UPSs may exist in a                                  (Schneider Electric, No. 0005, EERE–                                     targeted for consumers. According to
                                                 consumer environment and voltage and                                  2016–BT–TP–0018, p. 1) Schneider                                         Schneider Electric, UPSs greater than


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                                                                  Federal Register / Vol. 81, No. 238 / Monday, December 12, 2016 / Rules and Regulations                                       89809

                                                 1500W are consistently targeted at                      Awareness Project (ASAP), American                    15P and 5–15P input plug requirement
                                                 commercial and industrial applications                  Council for an Energy-Efficient                       by incorporating by reference ANSI/
                                                 and DOE’s attempt to regulate them is                   Economy (ACEEE), Consumer                             NEMA WD 6–2016 standard into section
                                                 not justified by the scope of EPCA or the               Federation of America, Consumers                      1, ‘‘Scope’’, of appendix Y to subpart B
                                                 Energy Independence and Security Act                    Union, Northeast Energy Efficiency                    of 10 CFR part 430. Hence, any product
                                                 of 2007 (EISA). Schneider Electric                      Partnerships (NEEP), and Northwest                    that meets the definition of a UPS,
                                                 explained that the proposed scope can                   Energy Efficiency Alliance (NEEA)                     utilizes a NEMA 1–15P or 5–15P input
                                                 cause UPSs that are not intended to be                  (hereafter referred to as Joint                       plug, and has an AC output is covered
                                                 distributed to consumer or in residential               Responders) also agreed with the use of               under the testing requirements being
                                                 applications to be included within the                  residential power circuits for                        adopted in this final rule.
                                                 scope of the test procedure, inflating                  differentiating consumer from                            Schneider Electric also inquired
                                                 savings for the DOE that are clearly not                commercial UPSs, but discouraged the                  whether specific or all DC output UPSs
                                                 consumer based. In addition, this causes                use of a standard wall plug as it would               are excluded from the proposed scope of
                                                 undue burden on the industry to test                    eliminate UPSs capable of running on                  the test procedure, and if the proposed
                                                 devices which were not intended for                     240V 3-phase receptacles. (Joint                      scope includes hybrid AC/DC UPSs,
                                                 consumer applications, but may fall                     Responders, No. 0013, EERE–2014–BT–                   UPSs with DC charging, and UPSs with
                                                 within the scope. (Schneider Electric,                  STD–0025, p. 6)                                       USB ports. (Schneider Electric, Pub.
                                                 No. 0005, EERE–2016–BT–TP–0018, p.                         In response to Schneider Electric’s                Mtg. Tr., No. 0003, EERE–2016–BT–TP–
                                                 8) NEMA requested that DOE narrow                       comment regarding the definition of                   0018, pp. 16–17, 20) (Schneider Electric,
                                                 the scope of the proposed test procedure                consumer product, DOE notes that the                  No. 0005, EERE–2016–BT–TP–0018, p.
                                                 by adding the following parameters:                     definition of this term in 10 CFR 430.2               6) Schneider Electric also requested
                                                 non-rack mounted, FCC Class B                           is the same as that set forth by Congress             clarification on whether UPSs that do
                                                 compliant, 12A at 120 V or less, whose                  in EPCA. (42 U.S.C. 6291(1)) Further, in              not have an AC output socket or UPSs
                                                 input characteristics are either VFD or                 the May 2016 NOPR, DOE found that                     that do not provide the full power rating
                                                 VI. NEMA argued that products outside                   UPSs meet the definition of battery                   through the AC output socket are
                                                 these parameters are commercial in                      charger and proposed to define UPS as                 excluded from the proposed scope.
                                                 nature or have power consumption and                    ‘‘a battery charger consisting of a                   (Schneider Electric, Pub. Mtg. Tr., No.
                                                 electrical characteristics which place                  combination of convertors, switches and               0003, EERE–2016–BT–TP–0018, p. 32)
                                                 them outside the use in typical                         energy storage devices, constituting a                Lastly, Schneider Electric inquired
                                                 consumer environments. (NEMA, No.                       power system for maintaining                          whether the USB ports of a UPS be
                                                 0008, EERE–2016–BT–TP–0018, p. 4)                       continuity of load power in case of                   loaded or unloaded during testing.
                                                                                                         input power failure.’’ Battery chargers               (Schneider Electric, Pub. Mtg. Tr., No.
                                                    DOE had also solicited comments                      are a type of consumer product, defined               0003, EERE–2016–BT–TP–0018, p. 20)
                                                 from stakeholders on the use of product                 in EPCA, for which the statute directs                   DOE clarifies that all products that
                                                 characteristics, such as capacity, to                   DOE to prescribe test procedures. (42                 meet the definition of UPS, utilize a
                                                 narrow the scope of coverage and                        U.S.C. 6295(u)) Therefore, necessarily,               NEMA 1–15P or 5–15P input plug, and
                                                 differentiate between consumer and                      the scope of the battery charger test                 have AC output(s) are included in scope
                                                 commercial UPSs in the computer and                     procedure, which includes UPSs, only                  under the testing requirements of this
                                                 battery backup systems framework                        applies to consumer products.                         final rule. This includes UPSs with AC
                                                 document published on July 11, 2014                        Nonetheless, after considering                     output(s) as well as additional DC
                                                 where DOE explored whether to                           stakeholder comments regarding the                    output(s) such as but not limited to USB
                                                 regulate UPSs as part of that                           proposed scope, DOE agrees with                       port(s). Similarly, hybrid AC/DC output
                                                 rulemaking. ITI noted that personal                     NEMA, ITI and Schneider Electric’s                    UPSs are also included in scope under
                                                 computers are powered using single                      suggestion that the scope of the test                 the testing requirements of this final
                                                 residential/office outlet, 5–15 amperes                 procedure need not include products                   rule. All DC output port(s) of an AC
                                                 (A) typically. (ITI, No. 0010, EERE–                    typically used in a commercial or                     output UPS must be unloaded during
                                                 2014–BT–STD–0025, p. 2) ITI also                        industrial environment. Accordingly,                  testing. DOE is adding specific language
                                                 commented that UPSs at home do not                      DOE is limiting the scope of the test                 in section 4.2.1, which is being added
                                                 utilize multiphase voltage and the                      procedure to UPSs that utilize a                      to appendix Y to subpart B of 10 CFR
                                                 maximum amperage of a single device                     standard NEMA 1–15P and 5–15P wall                    part 430 to highlight this setup
                                                 on a single branch circuit should be less               plugs. NEMA 1–15P and 5–15P input                     requirement. Further, it is DOE’s
                                                 than or equal to 80 percent of the circuit              plugs are designed to mate with NEMA                  understanding and intention that the
                                                 amperage the limit for which is 15A                     1–15R and 5–15R receptacles as                        term ‘‘AC output socket’’ of a UPS refers
                                                 according to the National Electrical                    specified in ANSI/NEMA WD 6–2016.                     to any port capable of providing the full
                                                 Code (NEC). (ITI, No. 0010, EERE–2014–                  These receptacles are the most                        or partial rated output power of the UPS
                                                 BT–STD–0025, p. 11). Schneider                          commonly found outlets in U.S.                        as AC. The scope is not limited to UPSs
                                                 Electric noted that run-time and battery                households with limited use in products               with standardized NEMA receptacles.
                                                 capacity of the UPS would be                            designed to exclusively operate in                    Therefore, all UPSs that utilize NEMA
                                                 inappropriate as a differentiator since                 commercial or industrial environments                 1–15P or 5–15P input plugs and have an
                                                 commercial and consumer customers                       because of their restrictive power                    AC output are included in the scope of
                                                 may have similar needs but that                         handling capability. Specifying NEMA                  this final rule.
                                                 consumer (residential) applications do                  1–15P and 5–15P plugs in defining the                    Schneider Electric also inquired if
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                                                 not exist in excess of 120V and that the                scope of this test procedure also avoids              UPSs with ultra-capacitors, flywheels
                                                 NEC defines residential circuitry                       the need for DOE to further add power                 and storage technologies other than
                                                 amperage limit for a single branch to be                constraints as these plugs are only                   batteries are covered under the
                                                 15 Amps. (Schneider Electric, No 0008,                  capable of handling up to 15A of current              proposed scope. (Schneider Electric,
                                                 EERE–2014–BT–STD–0025, p. 8). The                       at 125V, which limits their maximum                   Pub. Mtg. Tr., No. 0003, EERE–2016–
                                                 Natural Resources Defense Council                       power handling capability to 1875W.                   BT–TP–0018, p. 31) DOE notes that
                                                 (NRDC), The Appliance Standard                          DOE is therefore adding the NEMA 1–                   UPSs are a subset of battery chargers. A


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                                                 89810            Federal Register / Vol. 81, No. 238 / Monday, December 12, 2016 / Rules and Regulations

                                                 product that does not meet the                          charger that is of concern to ARRIS.                     Schneider Electric appreciated that
                                                 definition of a battery charger as stated               DOE also does not consider a product’s                DOE has agreed with and supports the
                                                 in 10 CFR 430.2 is excluded from the                    typical use an effective way of                       industry’s position that UPSs operate
                                                 scope of the UPS test procedure being                   prescribing the scope of a rulemaking as              differently than most battery chargers.
                                                 adopted today. Because ultra-capacitor,                 this leaves significant room for                      (Schneider Electric, No. 0005, EERE–
                                                 flywheels, or storage technologies other                interpretation. With the added                        2016–BT–TP–0018, p. 2) NEMA agreed
                                                 than batteries do not meet the definition               requirement of NEMA 1–15P and 5–15P                   with the establishment of a test
                                                 of a battery as stated in section 2.6 of                input plugs, the adopted scope of UPS                 procedure for UPSs, consistent with
                                                 appendix Y to subpart B of 10 CFR part                  test procedure is definitive and                      NEMA’s comments cited by DOE in the
                                                 430, DOE concludes that UPSs that use                   unambiguous.                                          May 2016 NOPR. (NEMA, No. 0008,
                                                 ultra-capacitor, flywheels, or storage                     P. R. China highlighted that Appendix              EERE–2016–BT–TP–0018, p. 3) NEMA
                                                 technologies other than batteries as their              J.2 of IEC 62040–3 Ed. 2.0 standard does              also agreed with DOE’s conclusion that
                                                 energy storage system also do not meet                  not apply to products with output                     measuring the energy use of a UPS in
                                                 the definition of battery charger and                   power of less than or equal to 0.3 kilo               normal mode effectively captures the
                                                 therefore are excluded from the scope of                Volt-Amperes (kVa) and requested DOE                  energy used during the entirety of the
                                                 the UPS test procedure.                                 to make the proposed test method                      time that a UPS is connected to mains
                                                    ARRIS submitted written comments                     consistent with the IEC 62040–3 Ed. 2.0               power. (NEMA, No. 0008, EERE–2016–
                                                 arguing that products such as modems                    standard by excluding UPSs with output                BT–TP–0018, p. 6) Further, ARRIS also
                                                 that use a battery exclusively for back-                power of less than or equal to 0.3 kVa.               supported DOE’s conclusion that the
                                                 up power have architectures that would                  (P. R. China, No. 0009, EERE–2016–BT–                 current battery charger test procedure
                                                 fit within the standard IEC 62040–3 Ed.                 TP–0018, p. 3) While Annex I of the IEC               does not represent typical use of a UPS
                                                 2.0 definition of a UPS which states that               62040–3 Ed. 2.0 standard prescribes                   and reiterated that the current battery
                                                 ‘‘uninterruptible power supply or UPS                   efficiencies for UPSs rated above 0.3                 charger test procedure does not work
                                                 means a combination of convertors,                      kVA, the actual conditions and methods                well for continuous use products that
                                                 switches and energy storage devices                                                                           include a battery exclusively for back-
                                                                                                         for determining the efficiency of a UPS
                                                 (such as batteries), constituting a power                                                                     up purposes. (ARRIS, No. 0004, EERE–
                                                                                                         stated in Annex J of the IEC 62040–3 Ed.
                                                 system for maintaining continuity of                                                                          2016–BT–TP–0018, p. 3)
                                                                                                         2.0 standard does not have any scope
                                                 load power in case of input power                                                                                To measure the energy consumption
                                                                                                         restrictions as claimed by P. R. China
                                                 failure’’. ARRIS highlighted that a                                                                           of a UPS during normal mode, DOE
                                                                                                         and are applicable to UPSs rated below
                                                 simple addition to this definition to                                                                         proposed to incorporate by reference
                                                                                                         0.3 kVA. Additionally, DOE does not
                                                 reflect that the load power is provided                                                                       Section 6 and Annex J of IEC 62040–3
                                                                                                         have any data to indicate that UPSs with
                                                 to external devices would provide                                                                             Ed. 2.0 in the battery charger test
                                                                                                         output power of less than or equal to 0.3
                                                 clarity and help differentiate covered                                                                        procedure. 81 FR 31546.
                                                                                                         kVA are any different in design than                     Schneider Electric supported
                                                 UPSs from other products with a battery
                                                 exclusively for back-up purposes, which                 those above 0.3kVA such that this test                incorporation by reference of the IEC
                                                 only provide continuity of power                        method would not accurately capture                   62040–3 Ed. 2.0 standard without DOE’s
                                                 internally to the product. (ARRIS, No.                  their energy performance. Therefore,                  proposed changes in the battery charger
                                                 0004, EERE–2016–BT–TP–0018, pp. 2–                      DOE is not excluding UPSs with output                 test procedure and provided an
                                                 3) Lastly, ARRIS highlighted that                       power of less than or equal to 0.3 kVA                advanced notice that the IEC 62040–3
                                                 considering a product’s typical use also                from the scope of the UPS test                        Ed. 2.0 standard is under maintenance
                                                 helps differentiate UPS products that                   procedure.                                            and anticipated to be revised over the
                                                 provide AC output from other products                   B. Existing Test Procedures and                       next 2 years. (Schneider Electric, No.
                                                 with a back-up battery that have typical                Standards Incorporated by Reference                   0005, EERE–2016–BT–TP–0018, p. 1)
                                                 uses such as lighting, medical, security,                                                                     However, NEMA highlighted that there
                                                 networking equipment, etc. (ARRIS, No.                    In the May 2016 NOPR, DOE                           are presently no planned changes to the
                                                 0004, EERE–2016–BT–TP–0018, p. 4)                       proposed to add specific testing                      IEC 62040–3 Ed. 2.0 standard that
                                                    DOE agrees with ARRIS that the                       provisions for UPSs in the battery                    would affect the manner in which a UPS
                                                 definition of a UPS may cover certain                   charger test procedure, because the                   is tested for efficiency. (NEMA, No.
                                                 back-up battery chargers; however, the                  specifications in the current battery                 0008, EERE–2016–BT–TP–0018, p. 3)
                                                 current battery charger test procedure                  charger test procedure are not                           In light of these stakeholder
                                                 specifically defines and excludes back-                 appropriate for UPSs. The current                     comments, DOE is finalizing the
                                                 up battery chargers from its scope.                     battery charger test procedure measures               incorporation by reference of Section 6
                                                 Therefore, certain back-up battery                      energy consumption of a battery charger               and Annex J of IEC 62040–3 Ed. 2.0 in
                                                 chargers such as those found in cable                   as it charges a fully discharged battery,             the battery charger test procedure.
                                                 modems that may meet the definition of                  which is inappropriate for a UPS                      Additionally, DOE will monitor the
                                                 a UPS will continue to be excluded from                 because a UPS rarely has a fully                      revision of the IEC 62040–3 standard
                                                 the battery charger test procedure.                     discharged battery. The majority of the               and consider, once these revisions are
                                                 Additionally, DOE’s proposed scope as                   time a UPS provides a small amount of                 complete, whether to initiate a new test
                                                 stated in section 1 of appendix Y to                    charge necessary to maintain fully                    procedure rulemaking to consider
                                                 subpart B of 10 CFR part 430 is limited                 charged batteries and also delivers                   incorporating the latest version.
                                                 to UPSs with an AC output. (81 FR                       power to a connected load. Therefore, in
                                                 31554) Even if a back-up battery charger                order to accurately capture the energy                C. Definitions
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                                                 meets the definition of a UPS, DOE is                   consumption and energy efficiency of                    In the May 2016 NOPR, DOE
                                                 not aware of any such back-up battery                   the normal operation of a UPS, the test               proposed to include the following
                                                 charger that has an AC output.                          procedure should measure the energy                   definitions, in section 2 of appendix Y
                                                 Therefore limiting the scope to only                    consumption of maintaining a fully                    to subpart B of 10 CFR part 430. DOE
                                                 UPSs with an AC output further                          charged battery and conversion losses                 requested stakeholder comments on all
                                                 prevents the applicability of this test                 associated with delivering load power.                proposed definitions, which are
                                                 procedure to the type of backup battery                 81 FR 31545.                                          discussed in the following subsections:


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                                                                  Federal Register / Vol. 81, No. 238 / Monday, December 12, 2016 / Rules and Regulations                                         89811

                                                 1. Reference Test Load                                  shaping, power conditioning, assuring                 Electric’s comment that the proposed
                                                    DOE proposed the following                           the quality of power, measuring the                   definition of UPS implies that that the
                                                 definition for reference test load:                     quality of power on a continual basis,                primary function of a UPS is to charge
                                                 ‘‘Reference test load is a load or                      detecting mains power drop out,                       batteries and that the proposed UPS
                                                 condition with a power factor of greater                communicating the status, and reporting               definition may have major implications
                                                 than 0.99 in which the AC output socket                 abnormal conditions through networked                 on the market and the product in the
                                                 of the UPS delivers the active power (W)                ports. Schneider Electric stated that                 marketplace. There is only one
                                                 for which the UPS is rated.’’ 81 FR                     UPSs only charge batteries                            difference between the proposed DOE
                                                                                                         intermittently and in some cases charge               definition and IEC definition of a UPS
                                                 31554. NRDC, et al. argued that a
                                                                                                         batteries after a few days or weeks.                  and that is that DOE refers to UPSs as
                                                 resistive reference test load (power
                                                                                                         (Schneider Electric, Pub. Mtg. Tr., No.               battery charger within the proposed
                                                 factor greater than or equal to 0.99) may
                                                                                                         0003, EERE–2016–BT–TP–0018, pp. 15–                   definition. As DOE is regulating UPSs as
                                                 not be representative of common UPS
                                                                                                         16; Schneider Electric, No. 0005, EERE–               part of its battery charger regulations, it
                                                 applications such as desktop computers.
                                                                                                         2016–BT–TP–0018, p. 3) Lastly,                        is necessary to indicate in the UPS
                                                 NRDC, et al. provided data to show that
                                                                                                         Schneider Electric argued that DOE’s                  definition that UPSs are a subset of
                                                 the power factor of a non-ENERGY
                                                                                                         proposed definition of UPS may have                   battery chargers, and, as a result, must
                                                 STAR desktop computer without power
                                                                                                         major implications on the market and                  also meet EPCA’s definition of a battery
                                                 factor correcting functionality can be
                                                                                                         the product in the marketplace and                    charger. Accordingly, DOE is adopting
                                                 quite low and urged DOE to evaluate the                                                                       the proposed definition of a UPS in this
                                                 potential differences in UPS efficiency                 requested that DOE adopt the definition
                                                                                                         of UPS from the IEC 62040–3 Ed. 2.0                   final rule.
                                                 when serving loads with different power
                                                 factors including non-linear loads that                 standard. (Schneider Electric, No. 0005.              3. Input Dependency
                                                 are more representative of computers                    EERE–2016–BT–TP–0018, p. 3;
                                                                                                         Schneider Electric, Pub. Mtg. Tr., No.                   In the May 2016 NOPR, DOE
                                                 and other typical UPS applications. If                                                                        proposed definitions for VFD UPS, VI
                                                 the difference in measured efficiency                   0003, EERE–2016–BT–TP–0018, p. 19)
                                                                                                         Similarly, NEMA requested that DOE                    UPS and VFI UPS in section 2 of
                                                 between different load types is                                                                               appendix Y to subpart B of 10 CFR part
                                                 significant, NRDC, et al. requested that                adopt the definition of UPS from the
                                                                                                         established IEC 62040–3 Ed. 2.0                       430. In this final rule, DOE is revising
                                                 DOE specify a reference test load that is                                                                     the proposed definition of VI UPS to
                                                 more representative of common                           standard and highlighted that the Office
                                                                                                                                                               highlight that a VI UPS, in normal
                                                 applications, particularly for VFD UPS                  of Management and Budget Circular
                                                                                                                                                               mode, must not deplete its stored energy
                                                 which commonly serve loads with low                     A–119 encourages the use of
                                                                                                                                                               source when outputting an AC voltage
                                                 power factors. (NRDC, et al., No. 0006,                 international standards in establishing
                                                                                                                                                               within a specific tolerance band that is
                                                 EERE–2016–BT–TP–0018, p. 2–3)                           regulations when effective and
                                                                                                                                                               independent of under-voltage or over-
                                                    The proposed power factor                            appropriate in the fulfillment of
                                                                                                                                                               voltage variations in the input voltage.
                                                 requirement of reference test load aligns               legitimate objectives of the agency and
                                                                                                                                                               This change brings consistency between
                                                 with ENERGY STAR UPS V. 1.0 and the                     the underlying statute. NEMA argued
                                                                                                                                                               the definitions of VI and VFI UPSs.
                                                 IEC 62040–3 Ed. 2.0 standard, which are                 that these criteria are satisfied by using               To help manufacturers determine
                                                 extensively supported by the UPS                        the definition of UPS in the IEC 62040–               whether a UPS is properly considered to
                                                 industry. DOE is refraining from                        3 Ed. 2.0 standard and highlighted that               be VFD, VI, or VFI, DOE also proposed
                                                 adopting a reference test load with a                   the CSA C813.1 specification in Canada,               tests to verify the input dependency of
                                                 power factor that differs from that of                  and the European Norms reference the                  the UPS as follows: VI input
                                                 ENERGY STAR UPS V. 1.0 or the IEC                       IEC 62040–3 Ed. 2.0 standard. NEMA                    dependency may be verified by
                                                 62040–3 Ed. 2.0 because DOE does not                    contended that, as DOE attempts to                    performing the steady state input
                                                 have enough market information to                       harmonize its regulations with Canada                 voltage tolerance test in section 6.4.1.1
                                                 assess the impact of such a divergence                  and the European Union, deviation from                of IEC 62040–3 Ed. 2.0 and observing
                                                 from ENERGY STAR UPS V. 1.0 and IEC                     the IEC 62040–3 Ed. 2.0 standard would                that the output voltage remains within
                                                 62040–3 Ed. 2.0. Therefore, DOE is                      make DOE’s UPS regulations impossible                 the specified limit during the test. VFD
                                                 adopting the proposed reference test                    to harmonize with international norms.                input dependency may be verified by
                                                 load in this final rule. DOE will                       (NEMA, No. 0008, EERE–2016–BT–TP–                     performing the AC input failure test in
                                                 continue to monitor the UPS market and                  0018, pp. 2–4)                                        section 6.2.2.7 of IEC 62040–3 Ed. 2.0
                                                 may consider adopting other reference                     Schneider Electric acknowledged that                and observing that, at a minimum, the
                                                 test loads in future rulemakings.                       a UPS system contains or has embedded                 UPS switches from normal mode of
                                                                                                         within the UPS a battery charger.                     operation to battery power while the
                                                 2. Uninterruptible Power Supply                         Further, Schneider does not question                  input is interrupted. VFI input
                                                   DOE proposed the following                            DOE’s authority to regulate a UPS as a                dependency may be verified by
                                                 definition for UPS: ‘‘Uninterruptible                   battery charger (Schneider Electric, No.              performing the steady state input
                                                 power supply or UPS means a battery                     0005, EERE–2016–BT–TP–0018, p. 2).                    voltage tolerance test and the input
                                                 charger consisting of a combination of                  DOE notes that 10 CFR 430.2 defines a                 frequency tolerance test specified in
                                                 convertors, switches and energy storage                 battery charger as a device that charges              sections 6.4.1.1 and 6.4.1.2 of IEC
                                                 devices, constituting a power system for                batteries for consumer products,                      62040–3 Ed. 2.0 and observing that, at
                                                 maintaining continuity of load power in                 including battery chargers embedded in                a minimum, the output voltage and
                                                 case of input power failure.’’ 81 FR                    other consumer products. It does not                  frequency remain within the specified
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                                                 31554. Schneider Electric disagreed                     state or imply that the primary function              output tolerance band during the test.
                                                 with the proposed definition of UPS.                    of a product that meets the definition of             These tests may be performed to
                                                 Schneider Electric argued that the                      battery charger is to charge batteries.               determine the input dependency
                                                 proposed definition of UPS implies that                 UPSs charge and maintain their                        supported by the test unit.
                                                 the primary function of a UPS is to                     batteries at full charge and therefore                   NEMA and Schneider Electric argued
                                                 charge batteries, and asserted that the                 meet the statutory definition of a battery            that UPS manufacturers already know
                                                 primary functions of a UPS are wave                     charger. DOE disagrees with Schneider                 the architecture of their models and


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                                                 89812            Federal Register / Vol. 81, No. 238 / Monday, December 12, 2016 / Rules and Regulations

                                                 DOE’s proposed tests to identify the                    the input dependency of their models.                 62040–3 Ed 2.0 standard, DOE proposed
                                                 architecture of a UPS will unjustifiably                In enforcement testing, DOE will use                  certain supplementary instructions for
                                                 increase testing burden for                             these input dependency tests and                      the test conditions in appendix Y to
                                                 manufacturers. (NEMA, No. 0008,                         performance criteria to verify the                    subpart B of 10 CFR part 430 in order
                                                 EERE–2016–BT–TP–0018, p. 4;                             classification claimed by a manufacturer              to eliminate the possibility of ambiguity.
                                                 Schneider Electric, No. 0005, EERE–                     in the compliance certification report of             DOE requested comment on the
                                                 2016–BT–TP–0018, p. 2) Schneider                        a UPS basic model and to ensure that                  proposed test conditions.
                                                 Electric requested DOE to exclude the                   the correct load weightings, listed in
                                                                                                                                                               1. Accuracy and Precision of Measuring
                                                 proposed performance criteria from                      table 4.3.1 of appendix Y to subpart B
                                                                                                                                                               Equipment
                                                 input dependency tests and, similar to                  of 10 CFR part 430, were applied. This
                                                 the IEC 62040–3 Ed. 2.0 standard, rely                  also ensures that manufacturers are not                  DOE proposed that the power meter
                                                 on manufacturer declarations to classify                left to create their own performance                  and other equipment used during the
                                                 UPSs as VFD, VI or VFI. (Schneider                      criteria for VFD, VI and VFI                          test procedure must provide true root
                                                 Electric, Pub. Mtg. Tr., No. 0003, EERE–                classification, which would lead to                   mean square (r. m. s.) measurements of
                                                 2016–BT–TP–0018, pp. 32–33)                             inconsistencies in the certified results.             the active input and output power, with
                                                    While most UPS manufacturers are                     Because section 4.3.4 of appendix Y to                an uncertainty at full rated load of less
                                                 aware of the input dependencies of their                subpart B of 10 CFR part 430 is being                 than or equal to 0.5 percent at the 95
                                                 models, there are UPS models available                  made optional in this final rule, this                percent confidence level
                                                 in the marketplace whose input                          rule also amends 10 CFR 429.134 to                    notwithstanding that voltage and
                                                 dependencies may not be obvious to a                    state that, in enforcement testing, DOE               current waveforms can include a
                                                 third party. In response to the comment                 will determine the UPS architecture by                harmonic component. Further, DOE
                                                 from Schneider Electric and NEMA,                       performing the tests specified in the                 proposed that the power meter and
                                                 DOE notes that the input dependency                     definitions of VI, VFD, and VFI in                    other equipment must measure input
                                                 tests being adopted in sections 2.27.1,                 sections 2.28.1 through 2.28.3 of                     and output values simultaneously.
                                                 2.27.2 and 2.27.3 of this final rule, are               appendix Y to subpart B of 10 CFR part                   Schneider Electric argued that DOE’s
                                                 not mandatory. If a manufacturer is                     430.                                                  proposed accuracy and resolution
                                                 already aware that the basic model in                                                                         requirements for UPSs are more
                                                 question conforms to the performance                    4. Normal Mode                                        stringent than those required to provide
                                                 criteria outlined in section 2.27.1, 2.27.2                In the May 2016 NOPR, DOE                          compliance test results. The proposed
                                                 and 2.27.3, the input dependency tests                  proposed a definition of normal mode in               accuracy and measurement
                                                 need not be performed. However,                         section 2 of appendix Y to subpart B of               requirements would require
                                                 because these performance criteria are                  10 CFR part 430. The proposed                         manufacturers to test their units with
                                                 included within the definition of each                  definition of normal mode required a                  more expensive test equipment, which
                                                 UPS architecture, the onus is on the                    UPS to provide output power to the                    would create an unjustified testing
                                                 manufacturer to properly classify their                 connected load without switching to                   burden for UPS manufacturers.
                                                 UPS according to this criteria in order                 battery power. However, for VFI UPSs,                 (Schneider Electric, No. 0005, EERE–
                                                 to represent its energy efficiency and                  the output power to the connected load                2016–BT–TP–0018, p. 3) Schneider
                                                 adhere to any potential energy                          may also be provided by the battery in                Electric further argued that the type and
                                                 conservation standard.                                  normal mode of operation. Hence, the                  cost of the test equipment required to
                                                    With regards to performance criteria,                proposed definition of normal mode                    test UPS systems according to the
                                                 Section 5.2.1 of the IEC 62040–3 Ed. 2.0                would have conflicted with the input                  proposed requirements will especially
                                                 standard asks that the UPS must remain                  dependency test for VFI UPSs. After                   be burdensome on small and medium
                                                 in normal mode when the input voltage                   careful consideration, DOE is revising                businesses. Schneider Electric contends
                                                 and frequency is varied by ±10% and                     the proposed definition of normal mode                that, although small and medium
                                                 ±2%, respectively, for the IEC 62040–3                  to specify that the AC input supply is                businesses can utilize third party test
                                                 Ed. 2.0 standard to be applicable.                      within required tolerances and supplies               labs to mitigate the cost of purchasing
                                                 Although the specific steady state input                the UPSs rather than that the UPS                     test equipment, these businesses still
                                                 voltage and frequency tolerance tests of                provides the required output power to                 need to purchase some test equipment
                                                 sections 6.4.1.1 and 6.4.1.2 of the IEC                 the connected load without switching to               to understand measurements of their
                                                 62040–3 Ed. 2.0 standard require that                   battery power, and that the energy                    products prior to submitting them for
                                                 the UPS need only meet the tolerance                    storage system is being maintained at                 compliance testing, and that, the
                                                 range specified by the manufacturer of                  full charge or is under charge rather                 expense of using third party test labs or
                                                 the device, the requirements of section                 than just being maintained at full                    the test equipment required to meet the
                                                 5.2.1 must first be met at a minimum.                   charge. Further, the revision of the                  proposed accuracy and measurement
                                                 In aligning its requirements with that of               definition of normal mode increases                   requirements for compliance testing will
                                                 IEC 62040–3 Ed. 2.0, DOE has also used                  harmonization between the definitions                 reduce competition in the marketplace.
                                                 the criteria of section 5.2.1 of the IEC                of normal mode in DOE’s test procedure                (Schneider Electric, No. 0005, EERE–
                                                 62040–3 Ed. 2.0 standard in the                         and the IEC 62040–3 Ed. 2.0 standard.                 2016–BT–TP–0018, pp. 4–5)
                                                 definition of VI and VFI UPSs in this                      Additionally, DOE also proposed a                     DOE reiterates that the proposed
                                                 final rule. DOE notes that these adopted                definition for ‘Energy Storage Systems’,              accuracy and precision requirements for
                                                 performance criteria will remove any                    on which DOE has not received any                     measuring equipment are adopted from
                                                 ambiguity in the classification of UPS                  stakeholder comment; therefore DOE is                 section J.2.3 of the IEC 62040–3 Ed. 2.0
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                                                 input dependency during certification                   adopting the proposed definition in this              standard. It is DOE’s understanding that
                                                 and enforcement.                                        final rule.                                           the IEC 62040–3 Ed. 2.0 standard is
                                                    If manufacturers are uncertain about                                                                       widely accepted by the UPS industry.
                                                 the input dependency of their UPS                       D. Test Conditions                                    Therefore, DOE does not find that the
                                                 models, then manufacturers can perform                    Although a majority of the test                     proposed accuracy and precision
                                                 the input dependency tests and use the                  conditions proposed in the May 2016                   requirements for measuring equipment
                                                 associated performance criteria to verify               NOPR were adopted from the IEC                        are unjustified or burdensome for


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                                                                  Federal Register / Vol. 81, No. 238 / Monday, December 12, 2016 / Rules and Regulations                                       89813

                                                 manufacturers. Hence, DOE is adopting                   incorporate by reference the testing                  longer than the manufacturer’s estimate.
                                                 the proposed accuracy and precision                     conditions stated in the IEC 62040–3 Ed.              Finally, the proposal required charging
                                                 requirements in this final rule.                        2.0 standard. (NEMA, No. 0008, EERE–                  the battery for 24 hours if the UPS does
                                                   Schneider Electric argued that in case                2016–BT–TP–0018, p. 5)                                not have an indicator or an estimated
                                                 the manufacturer specified calibration                    DOE reiterates that the May 2016                    charging time. 81 FR 31559.
                                                 interval of test equipment is longer than               NOPR proposed the ambient                                Schneider Electric argued that it is
                                                 DOE’s proposed calibration interval of 1                temperature must remain in the range of               more appropriate to test UPSs either
                                                 year, DOE’s proposed calibration                        20.0 °C to 30.0 °C, including all                     without batteries or when the attached
                                                 interval would be unjustifiably                         inaccuracies and uncertainties                        batteries are not allowed to discharge.
                                                 burdensome on manufacturers.                            introduced by the temperature                         Further, Schneider Electric argued that
                                                 (Schneider Electric, Pub. Mtg. Tr., No.                 measurement equipment, throughout                     the battery charger in a UPS is turned
                                                 0003, EERE–2016–BT–TP–0018, pp. 36–                     the test. 81 FR 31559. The IEC 62040–                 off when it is not actively charging a
                                                 37) After careful consideration, DOE                    3 Ed. 2.0 standard requires the ambient               depleted battery and the battery doesn’t
                                                 agrees with Schneider Electric and is                   temperature to be between 20 °C and 30                consume significant energy during
                                                 requiring all measurement equipment                     °C, does not require all inaccuracies and             normal mode of operation; therefore,
                                                 used to conduct tests must be calibrated                uncertainties introduced by the                       testing with batteries does not add much
                                                 within the equipment manufacturer’s                     temperature measurement equipment to                  to the test results. (Schneider Electric,
                                                 specified calibration period.                           be included in this range, and it has a               No. 0005, EERE–2016–BT–TP–0018, p.
                                                                                                         precision requirement that is lower by                6; Schneider Electric, Pub. Mtg. Tr., No.
                                                 2. Environmental Conditions
                                                                                                         one decimal place. By testing within                  0003, EERE–2016–BT–TP–0018, p. 77)
                                                    IEC 62040–3 Ed 2.0 requires that the                 DOE’s ambient temperature range,                      Schneider Electric also pointed out that
                                                 ambient temperature must be in the                      which includes all inaccuracies and                   the ENERGY STAR test procedure does
                                                 range of 20 °C to 30 °C. To ensure                      uncertainties, manufacturers will also                not include batteries, the IEC 62040–3
                                                 repeatability, DOE proposed to increase                 meet the temperature requirements of                  Ed. 2.0 standard allows UPSs to be
                                                 the precision required for ambient                      the IEC 62040–3 Ed. 2.0 standard.                     tested with or without a battery, and the
                                                 temperature measurements, while                         Therefore, DOE is adopting the                        CEC test procedure tests UPSs with an
                                                 keeping the same range. As a result, the                proposed ambient temperature range in                 attached battery, but manufacturers are
                                                 ambient temperature would be 20.0 °C                    this final rule. Further, DOE is adopting             allowed to disable all known battery
                                                 to 30.0 °C (i.e., increasing the required               an air speed requirement surrounding                  charger functions. (Schneider Electric,
                                                 precision by one decimal place) and the                 the unit under test to avoid the                      Pub. Mtg. Tr., No. 0003, EERE–2016–
                                                 measurement would include all                           possibility of intentional cooling during             BT–TP–0018, pp. 42–44) Similarly, ITI
                                                 uncertainties and inaccuracies                          testing, which affects the efficiency of              and NEMA opposed DOE’s proposal of
                                                 introduced by the temperature                           UPSs. DOE clarifies that the air speed                testing UPSs with a connected energy
                                                 measuring equipment. Extending the                      limit of less than or equal to 0.5 m/s                storage system and argued that testing a
                                                 precision of IEC’s ambient temperature                  surrounding the unit under test is                    UPS with a battery will increase time
                                                 range requirement by one decimal place                  multidirectional.                                     and cost of the test and could possibly
                                                 would minimize rounding errors and                                                                            disqualify UPSs that are currently
                                                 avoid scenarios in which a temperature                  3. Input Voltage and Frequency
                                                                                                                                                               ENERGY STAR compliant. (ITI, No.
                                                 of 19.6 °C would be rounded to 20 °C                       DOE proposed that the AC input                     0007, EERE–2016–BT–TP–0018, p. 2;
                                                 during testing and potentially provide                  voltage to the UUT be within 3 percent                NEMA, No. 0008, EERE–2016–BT–TP–
                                                 higher efficiency usage values than                     of the highest rated voltage and the                  0018, p. 3) NEMA and Schneider
                                                 those obtained at or above 20.0 °C. The                 frequency be within 1 percent of the                  Electric pointed out that testing a UPS
                                                 proposal also required that the tests be                highest rated frequency of the device.                with a fully charged battery, which is
                                                 carried out in a room with an air speed                 DOE has not received any stakeholder                  different from the ENERGY STAR and
                                                 immediately surrounding the unit under                  comments on the input voltage and                     CEC test procedures, will render all data
                                                 test (UUT) of less than or equal to 0.5                 frequency requirements; therefore, DOE                from the ENERGY STAR and CEC
                                                 meters per second (m/s). As proposed,                   is adopting the proposed input voltage                databases useless. (NEMA, No. 0008,
                                                 there would be no intentional cooling of                and frequency requirements in this final              EERE–2016–BT–TP–0018, pp. 3–4;
                                                 the UUT such as by use of separately                    rule.                                                 Schneider Electric, No. 0005, EERE–
                                                 powered fans, air conditioners, or heat                                                                       2016–BT–TP–0018, pp. 2, 6–7) Further,
                                                 sinks. The UUT would be tested on a                     E. Battery Configuration
                                                                                                                                                               NEMA and Schneider Electric argued
                                                 thermally non-conductive surface.                          To capture the complete picture of the             that DOE’s proposed test procedure
                                                    Schneider Electric inquired whether                  energy performance of UPSs, DOE                       significantly deviates from the ENERGY
                                                 manufacturers would be permitted to                     proposed to test UPSs with the energy                 STAR test procedure and the IEC
                                                 test UPSs within the temperature range                  storage system connected throughout                   62040–3 Ed. 2.0 standard and that DOE
                                                 specified by the IEC 62040–3 Ed. 2.0                    the test. Additionally, DOE proposed to               has not justified this deviation, which
                                                 standard. Schneider Electric also noted                 standardize battery charging                          appears to be arbitrary and poses
                                                 that the IEC 62040–3 Ed. 2.0 standard                   requirements for UPSs by including                    unjustified financial burden on
                                                 does not have air speed requirements,                   specific instructions in section 4.2.1,               manufacturers. (NEMA, No. 0008,
                                                 and inquired if DOE’s proposed                          which is being added to appendix Y to                 EERE–2016–BT–TP–0018, p. 3;
                                                 requirements for air speed surrounding                  subpart B of 10 CFR part 430. These                   Schneider Electric, No. 0005, EERE–
                                                 the unit under test limit of less than or               requirements, which ensure that the                   2016–BT–TP–0018, p. 9)
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                                                 equal to 0.5 m/s would be                               battery is fully charged prior to testing,               In addition to providing various types
                                                 unidirectional or multidirectional.                     specify charging the battery for an                   of power conditioning and monitoring
                                                 (Schneider Electric, Pub. Mtg. Tr., No.                 additional 5 hours after the UPS has                  functionality, depending on their
                                                 0003, EERE–2016–BT–TP–0018, pp. 36–                     indicated that it is fully charged, or if             architecture and input dependency,
                                                 38) Similarly, NEMA opposed DOE’s                       the product does not have a battery                   UPSs also maintain the fully-charged
                                                 proposed test conditions, such as                       indicator but the user manual specifies               state of lead acid batteries with
                                                 airflow, and requested that DOE                         a time, charging the battery for 5 hours              relatively high self-discharge rates so


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                                                 89814            Federal Register / Vol. 81, No. 238 / Monday, December 12, 2016 / Rules and Regulations

                                                 that in the event of a power outage, they               be selected if a UPS model has batteries              basic model, DOE will test the unique
                                                 are able to provide backup power                        supplied by multiple battery vendors.                 UPS configuration to assess compliance.
                                                 instantly to the connected load.                        (Schneider Electric, Pub. Mtg. Tr., No.
                                                                                                                                                               F. Product Configuration
                                                 Maintaining the lead acid battery                       0003, EERE–2016–BT–TP–0018, pp. 40–
                                                 consumes energy which therefore                         41) (Schneider Electric, Pub. Mtg. Tr.,                  For configuring UPSs for testing, DOE
                                                 directly affects a UPS’s overall energy                 No. 0003, EERE–2016–BT–TP–0018, pp.                   proposed to reference Appendix J.2 of
                                                 efficiency. To capture the typical use of               69–70)                                                IEC 62040–3 Ed 2.0 in section 4.2.1,
                                                 a UPS as required by 42 U.S.C.                             Section 4.2.1(b)(1), which was                     which would be added to appendix Y to
                                                 6293(b)(3), a UPS must be tested with                                                                         subpart B of 10 CFR part 430. In
                                                                                                         proposed, and is being added to
                                                 the energy storage system connected                                                                           addition to the IEC test method, DOE
                                                                                                         appendix Y to subpart B of 10 CFR part
                                                 throughout the test, so as to capture the                                                                     proposed to include additional
                                                                                                         430 in this final rule, provides
                                                 energy spent by the UPS maintaining                                                                           requirements for UPS operating mode
                                                                                                         instructions on how to determine when
                                                 the lead acid battery. Hence, deviation                                                                       conditions and energy storage system
                                                                                                         a UPS battery is fully charged. These
                                                 from the ENERGY STAR and CEC test                                                                             derived from ENERGY STAR UPS V.
                                                                                                         instructions emphasize the use of a
                                                 procedures is necessary and justified.                                                                        1.0. DOE did not consider including
                                                                                                         battery charge indicator which DOE
                                                 Concerning the ENERGY STAR and CEC                                                                            requirements for back-feeding, a
                                                                                                         interprets as either being physically on
                                                 databases, DOE points out that the two                                                                        condition in which voltage or energy
                                                                                                         the device or a software that
                                                 mentioned databases are already non-                                                                          available within a UPS is fed back to
                                                                                                         accompanies the UPS. Therefore,                       any of the input terminals of the UPS as
                                                 compatible because of the differences in                manufacturers may use software that
                                                 their respective test procedures.                                                                             specified in ENERGY STAR UPS V. 1.0
                                                                                                         acts as an indicator and communicates                 because back-feeding is generally only
                                                    Additionally, Schneider Electric
                                                                                                         the battery’s state of charge to the user             required for UPSs with an output power
                                                 noted that some UPSs turn off their
                                                                                                         if the software is packaged with the                  rating higher than loads commonly
                                                 battery chargers for days or weeks after
                                                                                                         UPS. DOE is unable to provide                         available in a consumer environment.
                                                 detecting fully charged batteries and
                                                                                                         instructions regarding the use of ‘other              Because the power range of UPSs in the
                                                 inquired if manufacturers are allowed to
                                                                                                         industry standard practices’ as an                    scope of this rulemaking is limited by
                                                 keep this behavior in place during
                                                                                                         indicator of a battery’s state of charge              the requirement that these UPSs utilize
                                                 testing. Schneider Electric further
                                                                                                         without more details on these standard                a NEMA 1–15P or 5–15P plug, and loads
                                                 explained, when turned on, some UPSs
                                                                                                         practices. Manufacturers must follow                  in this range are readily available, DOE
                                                 perform a battery test that reduces the
                                                 state of charge and lengthens the                       the instructions provided in section                  believes provisions for back-feeding will
                                                 duration of time required to fully charge               4.2.1(b), which is being added to                     not be necessary. DOE has not received
                                                 connected batteries. Therefore,                         appendix Y to subpart B of 10 CFR part                any stakeholder comment on these
                                                 Schneider Electric asked if                             430 to ensure that the batteries are fully            proposed provisions; therefore, DOE is
                                                 manufacturers would be allowed to                       charged prior to testing. DOE also                    adopting these provisions in this final
                                                 disable this feature to reduce the time                 recognizes that UPS may be capable of                 rule.
                                                 and burden of testing. (Schneider                       accommodating multiple battery                           On August 5, 2016, DOE published an
                                                 Electric, Pub. Mtg. Tr., No. 0003, EERE–                models, battery vendors or battery                    energy conservation standards notice of
                                                 2016–BT–TP–0018, p. 41)                                 capacities. Accordingly, it is possible               proposed rulemaking for uninterruptible
                                                    If a UPS, as supplied to an end user,                that the efficiency of a UPS that                     power supplies in the Federal Register
                                                 automatically detects that the connected                otherwise has identical electrical                    (August 2016 NOPR). 81 FR 52196. In
                                                 battery is fully charged and then                       characteristics would vary slightly                   response to the August 2016 NOPR,
                                                 disables its battery charging                           based on the battery used. In the case in             NEMA and ITI, and Schneider Electric
                                                 functionality, then this UPS will be                    which a manufacturer uses different                   submitted written comments requesting
                                                 tested as such, as it would be a proper                 battery models, vendors or capacities in              that DOE thoroughly examine the
                                                 representation of the product’s typical                 a single UPS, then the manufacturer                   impact of the energy consumption of
                                                 energy use, which is a goal of all DOE                  may group some or all combinations of                 secondary features such as USB
                                                 test procedures. In response to                         battery and UPS as part of a single UPS               charging ports, wired and wireless
                                                 Schneider Electric’s second comment,                    basic model and certifying compliance                 connectivity, displays, and
                                                 manufacturers are not allowed to                        by ensuring that the represented                      communications etc. that are not related
                                                 disable the feature that detects the state              efficiency of that UPS basic model                    to battery charging on the proposed
                                                 of charge and lengthens the duration of                 applies to all combinations in the group.             efficiency metric for UPSs. (NEMA and
                                                 time required to fully charge connected                 In that case, the represented efficiency              ITI, No. 0019, EERE–2016–BT–STD–
                                                 batteries. Section 4.2.1(b), which was                  should correspond to the least efficient              0022 at p. 3; Schneider Electric, No.
                                                 proposed and is being added to                          combination in the group. If the                      0017, EERE–2016–BT–STD–0022 at pp.
                                                 appendix Y to subpart B of 10 CFR part                  Department selects a unit for assessment              1–2, 13) In response to the above
                                                 430 in this final rule, instructs that the              or enforcement testing, DOE may select                summarized comments, DOE is adding
                                                 UPS must not be modified or adjusted                    any combination within the basic model                language to the UPS test procedure, in
                                                 to disable energy storage charging                      to assess the entire basic model’s                    section 4.2.2, stating that UPS
                                                 features, and the transfer of energy to                 compliance. Thus, if a manufacturer                   manufacturers must disable features of
                                                 and from the energy storage system                      groups multiple battery and UPS                       the UPSs that do not contribute to the
                                                 must be minimized by ensuring the                       combinations as part of a single basic                maintenance of fully charged battery or
                                                 energy storage system is fully charged.                 model, DOE would test one combination                 delivery of load power, so that the
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                                                    Lastly, Schneider Electric inquired                  to determine compliance pursuant to its               energy consumption of these features is
                                                 whether the use of software battery                     regulations. Alternatively, the                       not captured. This will permit
                                                 charge indicators or some other industry                manufacturer may classify each unique                 manufacturers to disable these
                                                 standard practice is permitted; how test                UPSs configuration as separate basic                  secondary features in order to reduce or
                                                 batteries should be selected if a UPS                   models and certify each basic models                  eliminate the impact that the energy
                                                 basic model can support multiple                        individually. In the case where each                  consumption of these features has on
                                                 batteries; and how a basic model is to                  unique UPS configuration is a separate                the measured efficiency metric.


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                                                                  Federal Register / Vol. 81, No. 238 / Monday, December 12, 2016 / Rules and Regulations                                       89815

                                                    In the case where a feature that does                                                                      improves precision over the IEC 62040–
                                                 not contribute to the maintenance of                                                                          3 Ed. 2.0 and does not pose a testing
                                                 fully charged battery(s) or delivery of                                                                       burden on manufacturers because
                                                 load power cannot be turned off during                    Additionally, DOE proposed a second                 measurement readings are taken and
                                                 testing and the UPS manufacturer                        method to calculate average power by                  logged electronically. Further, the
                                                 believes that the test procedure                        sampling the power at a rate of at least              sampling rate of at least one sample per
                                                 evaluates the basic model in a manner                   one sample per second and computing                   second ensures accuracy and
                                                 that is not representative of its true                  the arithmetic mean of all samples over               repeatability of calculated values.
                                                                                                         the time period specified for each test               Lastly, as DOE is no longer requiring the
                                                 energy characteristics as to provide
                                                                                                         (Ti). For this method, the average power              calculation of average power from
                                                 materially inaccurate comparative data,
                                                                                                         (Pavg) would be calculated using the                  accumulated energy measurements as
                                                 DOE notes that there are provisions in                  following equation:                                   part of the calculation of efficiency,
                                                 place, as outlined in 10 CFR 430.27, for
                                                                                                                                                               Schneider Electric’s comment regarding
                                                 stakeholders to request a waiver or
                                                                                                                                                               the comparison of the accuracy of the
                                                 interim waiver from the test procedure.
                                                                                                                                                               two proposed methods of calculating
                                                 If such a waiver or interim waiver is                                                                         average power is no longer relevant to
                                                 granted, manufacturers are required to                                                                        the methods adopted in this final rule.
                                                 use an alternative test method to                          Where Pi represents measured power                 DOE is revising the proposed regulatory
                                                 evaluate the performance of their                       during a single measurement (i), and n                text in appendix Y to subpart B of 10
                                                 product type in a manner that is                        represents total number of
                                                                                                                                                               CFR part 430 to finalize these changes.
                                                 representative of the energy                            measurements.
                                                 consumption characteristics of the basic                   NEMA and Schneider Electric                        2. Efficiency
                                                 model.                                                  opposed DOE’s proposal of two different
                                                                                                         methods of calculating average power                     DOE proposed to calculate the
                                                    Schneider Electric provided a list of                and requested that DOE adopt the                      efficiency of UPSs at each loading point
                                                 secondary features along with the                       method of calculating average power                   as specified in section J.3 of IEC 62040–
                                                 corresponding energy allowances that                    stated in the IEC 62040–3 Ed. 2.0                     3 Ed 2.0. DOE also proposed additional
                                                 Schneider Electric believes should be                   standard. (NEMA, No. 0008. EERE–                      requirements from ENERGY STAR UPS
                                                 made for these secondary features and                   2016–BT–TP–0018, p. 5; Schneider                      V. 1.0 for the purpose of ensuring
                                                 proposed an alternate adjusted                          Electric, No. 0005, EERE–2016–BT–TP–                  repeatable and reproducible tests.
                                                 efficiency metric that accommodates the                 0018, p. 3) Schneider Electric inquired               ENERGY STAR UPS V. 1.0 specifies
                                                 suggested allowances in place of the                    whether DOE has conducted an analysis                 requirements for ensuring the unit is at
                                                 average load adjusted efficiency metric                 to compare the accuracy of the two                    steady state and calculating the
                                                 proposed by DOE in the May 2016 UPS                     proposed methods (Schneider Electric,                 efficiency measurements. The proposed
                                                 test procedure NOPR. (Schneider                         No. 0005, EERE–2016–BT–TP–0018, p.                    requirements are included in section 4.3
                                                                                                         4) Further, during the public meeting                 of the proposed appendix Y to subpart
                                                 Electric, No. 0017, EERE–2016–BT–
                                                                                                         held on June 9, 2016, Schneider Electric              B of 10 CFR part 430.
                                                 STD–0022, pp. 1–2, 13). While DOE is
                                                 not adopting Schneider Electric’s                       requested that manufacturers be allowed                  Schneider Electric argued that
                                                 proposed alternative calculation at this                to calculate efficiency directly from                 deviations in stability requirements and
                                                 time, DOE notes that manufacturers may                  accumulated energy measurements                       calculation of efficiency from the IEC
                                                                                                         without having to first calculate average             62040–3 Ed. 2.0 standard will increase
                                                 propose this as an alternative test
                                                                                                         power. (Schneider Electric, Pub. Mtg.                 testing burden on manufacturers by
                                                 procedure for consideration as part of a
                                                                                                         Tr., No. 0003, EERE–2016–BT–TP–0018,                  forcing them to test their products
                                                 waiver petition.
                                                                                                         p. 46)                                                twice: Once under the IEC 62040–3 Ed.
                                                 G. Average Power and Efficiency                            DOE agrees, and is not adopting a                  2.0 standard and once under the DOE
                                                 Calculation                                             requirement that average power be                     test method. (Schneider Electric, Pub.
                                                                                                         calculated as an intermediate step in                 Mtg. Tr., No. 0003, EERE–2016–BT–TP–
                                                 1. Average Power                                        order to calculate efficiency from                    0018, p. 48) DOE notes that the IEC
                                                   DOE’s proposal in the June 2016                       accumulated energy measurements.                      62040–3 Ed. 2.0 standard uses
                                                                                                         Based on stakeholder comments, DOE is                 temperature to determine stability but
                                                 NOPR required that all efficiency values
                                                                                                         convinced that the intermediate step of               does not specify where the temperature
                                                 be calculated from average power. DOE
                                                                                                         converting energy measurements to                     measurements must be taken. This, in
                                                 proposed two different methods for
                                                                                                         average power is redundant.                           DOE’s opinion, leaves room for
                                                 calculating average power so that                          The adopted method of calculating                  interpretation and would cause
                                                 manufacturers have the option of using                  average power from instantaneous                      reproducibility problems with the test
                                                 a method better suited to the testing                   power measurements is still different                 procedure. The ENERGY STAR UPS
                                                 equipment already available at their                    from the method stated in the IEC                     Test Method Rev. May 2012, which
                                                 disposal without having to purchase                     62040–3 Ed. 2.0 standard, which is                    partially relies on the IEC 62040–3 Ed.
                                                 new equipment. DOE proposed to                          requested by NEMA and Schneider                       2.0 standard, also recognizes this
                                                 specify these calculation methods in                    Electric. DOE’s adopted method requires               shortcoming in the IEC 62040–3 Ed. 2.0
                                                 section 4.3.1 of appendix Y to subpart                  measuring power for 15 minutes at a                   standard and states its own stability
                                                 B of 10 CFR part 430. The first proposed                sampling rate of at least 1 sample per                requirements. Consequently, DOE is
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                                                 method of calculating average power is                  second, whereas the IEC 62040–3 Ed.                   finalizing the stability requirements
                                                 recording the accumulated energy (Ei) in                2.0 standard only requires three                      proposed in the May 2016 NOPR which
                                                                                                                                                                                                           ER12DE16.011</GPH>




                                                 kWh and then dividing accumulated                       readings no more than 15 minutes apart,               have been adopted from the ENERGY
                                                 energy (Ei) by the specified period for                 which lacks precision. DOE believes                   STAR UPS Test Method Rev. May 2012,
                                                 each test (Ti). For this method, the                    that measuring power for 15 minutes at                as these requirements are necessary for
                                                 average power would be calculated                       a sampling rate of at least one sample                ensuring repeatability and
                                                                                                                                                                                                           ER12DE16.010</GPH>




                                                 using the following equation:                           per second is justified because it                    reproducibility of measured values.


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                                                 89816              Federal Register / Vol. 81, No. 238 / Monday, December 12, 2016 / Rules and Regulations

                                                 H. Output Metric                                                   proposed to adopt the load weightings                         CFR part 430. The proposed equation to
                                                                                                                    specified in ENERGY STAR UPS V. 1.0                           calculate the average load adjusted
                                                    To capture the energy efficiency of a                           for calculating average load adjusted                         efficiency of UPSs is as follows:
                                                 UPS, DOE proposed that the device be                               efficiency of UPSs. These load
                                                 tested in normal mode. DOE further                                 weightings vary based on the ratio of the                     Effavg = (t25% × Eff⎢25%) + (t50% × Eff⎢50%)
                                                 proposed to use an average load                                    reference test load to the full rated load                         + (t75% × Eff⎢75%) + (t100% × Eff⎢100%)
                                                 adjusted efficiency metric, rounded to                             of the device, the UPS architecture and                       Where:
                                                 one tenth of a percentage point, as the                            the output power rating of a UPS. The                         Effavg = average load adjusted efficiency
                                                 final output of the UPS test procedure.3                           requirements for calculating the final                        tn% = proportion of time spent at the
                                                 DOE’s proposed output metric for UPSs                              metric, shown in Table III.2, were                                 particular n% of the reference test load
                                                 matches the output metric utilized by                              proposed to be incorporated in section                        Effn% = efficiency at the particular n% of the
                                                 ENERGY STAR UPS V. 1.0. DOE also                                   4.3.5 of appendix Y to subpart B of 10                             reference test load

                                                                     TABLE III.2—UPS LOAD WEIGHTINGS FOR CALCULATING AVERAGE LOAD ADJUSTED EFFICIENCY
                                                                                                                                                                            Portion of time spent at reference load
                                                            Rated output power                           Input dependency characteristic
                                                                   (W)                                                                                               25%             50%                75%                100%

                                                 P ≤ 1500 W .......................................   VFD ..................................................               0.2              0.2                0.3                 0.3
                                                                                                      VI or VFI ...........................................                  0              0.3                0.4                 0.3
                                                 P > 1500 W .......................................   VFD, VI, or VFI ................................                       0              0.3                0.4                 0.3



                                                    Schneider Electric inquired whether                             0006, EERE–2016–BT–TP–0018, pp. 3–                            further argued that in addition to
                                                 manufacturers are required to test UPSs                            6)                                                            disqualifying currently ENERGY STAR
                                                 at loading points that have zero                                      DOE’s output metric, loading points                        compliant products, DOE’s proposed
                                                 weighting. Further, Schneider Electric                             and weightings are adopted from                               test procedure will force ENERGY STAR
                                                 requested that DOE mandate testing                                 ENERGY STAR UPS V. 1.0, which is                              to update its UPS specifications, with
                                                 UPSs in order from 100 percent, 75                                 extensively supported and adhered to                          assistance from the industry, causing
                                                 percent, 50 percent and 25 percent of                              by the UPS industry. Further, the IEC                         additional burden on industry resources
                                                 the reference test load. (Schneider                                62040–3 Ed. 2.0 standard also uses the                        and personnel. According to NEMA,
                                                 Electric, Pub. Mtg. Tr., No. 0003, EERE–                           same loading points. DOE is refraining                        these additional testing and
                                                 2016–BT–TP–0018, pp. 50–51) In this                                from adopting any loading points or                           requalification costs will not be trivial,
                                                                                                                    weightings that differ from those in                          because the U.S. Environmental
                                                 final rule, DOE adds a footnote to Table
                                                                                                                    ENERGY STAR UPS V. 1.0 and IEC                                Protection Agency (EPA) requires third
                                                 4.3.1 of section 4.3.5 of appendix Y to
                                                                                                                    62040–3 Ed. 2.0 as DOE has no data                            party certification and testing at
                                                 subpart B of 10 CFR part 430 stating that                          from which to conclude that it would be
                                                 manufacturers do not have to test a UPS                                                                                          manufacturer’s expense for its ENERGY
                                                                                                                    necessary to do so. Therefore, DOE is                         STAR program. NEMA contends that,
                                                 at the applicable loading point with zero                          adopting the proposed output metric,
                                                 weighting because the measured                                                                                                   even if the EPA takes some time to
                                                                                                                    loading points and weightings in this                         update its specification, DOE’s
                                                 efficiency at this loading point does not                          final rule. DOE will continue to monitor
                                                 contribute to the average load adjusted                                                                                          insistence on a 180-day implementation
                                                                                                                    the UPS market and may consider other                         will negate this in practical terms,
                                                 efficiency of the UPS. Further, in                                 loading points and weightings in future
                                                 section 4.3.3(a) of appendix Y to subpart                                                                                        possibly forcing manufacturers to
                                                                                                                    rulemakings.                                                  perform two tests and report two
                                                 B of 10 CFR part 430, DOE already
                                                                                                                    I. Effective Date of and Compliance                           different efficiency levels in the near
                                                 proposes to test UPSs in the order of 100
                                                                                                                    With Test Procedure                                           term, one to DOE and one to EPA.
                                                 percent, 75 percent, 50 percent and 25
                                                                                                                       EPCA prescribes that all                                   (NEMA, No. 0008, EERE–2016–BT–TP–
                                                 percent of the rated output power.
                                                                                                                    representations of energy efficiency and                      0018, pp. 2–3) Similarly, Schneider
                                                 Consistent with of Schneider Electric’s                                                                                          Electric argued that manufacturers
                                                 comment about the order of testing,                                energy use, including those made on
                                                                                                                    marketing materials and product labels,                       would have to re-test all ENERGY
                                                 DOE is adopting the proposed order of                                                                                            STAR-certified UPSs after DOE’s UPS
                                                 testing in this final rule.                                        must be made in accordance with DOE
                                                                                                                    test procedures, beginning 180 days                           test procedure is finalized, and testing
                                                    Additionally, NRDC, et al. argued that                          after publication of such a test                              hundreds of basic UPS models in 180
                                                 the proposed loading points are not                                procedure final rule in the Federal                           days would not be practical. (Schneider
                                                 representative of desktop computers                                Register. (42 U.S.C. 6293(c)(2))                              Electric, Pub. Mtg. Tr., No. 0003, EERE–
                                                 attached to UPSs and that DOE should                                  NEMA argued that DOE has not                               2016–BT–TP–0018, p. 69)
                                                 instead adopt 0 percent, 5 percent, 10                             adequately investigated the number of                           DOE acknowledges that for ENERGY
                                                 percent, 25 percent and 50 percent as                              stock keeping units (SKUs) involved in                        STAR-certified basic models, further
                                                 loading points for VFD UPSs with 0.1,                              this rulemaking, and as such does not                         testing may be needed to make
                                                 0.3, 0.3, 0.15, 0.15 time weightings for                           appear to understand the scope of                             representations in accordance with the
                                                 their loading points respectively.                                 impact and associated cost burden on                          UPS test procedure. However, DOE has
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                                                 Further, NRDC, et al. requested DOE to                             manufacturers if they become required                         adopted NEMA and Schneider Electric’s
                                                 analyze and revise loading points and                              to retest all products, and revise                            sampling plan to help minimize the
                                                 associated time weightings for VI and                              markings and published performance                            burden by allowing a single unit sample
                                                 VFI UPSs as well. (NRDC, et al., No.                               information within 180 days. NEMA                             as required by the current ENERGY
                                                   3 In the May 2016 NOPR, DOE used the terms                       ‘average load adjusted efficiency’ interchangeably.           For consistency, DOE is updating this final rule to
                                                 ‘average normal mode loading efficiency’ and                                                                                     only use the term average load adjusted efficiency.’



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                                                                  Federal Register / Vol. 81, No. 238 / Monday, December 12, 2016 / Rules and Regulations                                         89817

                                                 STAR program. DOE will work closely                     provisions and certified rating                       K. Certification Reports
                                                 with EPA if any transition is needed for                requirements for battery chargers be
                                                                                                                                                                  In addition to the requirements
                                                 the current ENERGY STAR UPS                             applicable to UPSs, which requires a
                                                                                                                                                               specified in 10 CFR 429.12, which are
                                                 specification as a result of this final rule            sample of at least 2 items to be tested.
                                                                                                            Schneider Electric argued that testing             applicable to each basic model of a
                                                 and will consult with manufacturers in
                                                                                                         at least two units of a basic model of                covered product, DOE proposed the
                                                 accordance with the ENERGY STAR
                                                                                                         UPS under the proposed test procedure                 active power (W), apparent power (VA),
                                                 process.
                                                                                                         will require more time and have a                     rated input voltage (V), rated output
                                                    As for the comments requesting
                                                                                                         higher cost than testing a single unit                voltage (V), efficiencies at 25 percent, 50
                                                 additional time to translate current
                                                                                                         according to the ENERGY STAR test                     percent, 75 percent, and 100 percent,
                                                 representations, DOE reiterates that
                                                                                                         procedure. They also argued that testing              and average load adjusted efficiency of
                                                 EPCA mandates the date by which
                                                                                                         at least two units is unnecessarily                   the UPS basic model be included in the
                                                 representations must be made in
                                                                                                         burdensome on manufacturers and                       battery charger certification report for
                                                 accordance with the DOE test
                                                                                                         requested DOE to allow manufacturers                  UPSs in 10 CFR 429.39.
                                                 procedure. Specifically with regard to
                                                 NEMA’s comment regarding reporting                      to certify compliance of their basic                     DOE has not received any stakeholder
                                                 two different efficiency levels, DOE                    models based on the test results of a                 comments on the proposed certification
                                                 notes that EPCA does not permit this,                   single unit. (Schneider Electric, Pub.                report requirements; therefore, DOE is
                                                 instead requiring that all such                         Mtg. Tr., No. 0003, EERE–2016–BT–TP–                  adopting the proposed certification
                                                 representations be made in accordance                   0018, pp. 53–55) Similarly, ITI and                   report requirements in this final rule.
                                                 with the DOE test procedure. (42 U.S.C.                 NEMA opposed DOE’s proposal of                        Additionally, the section 4.2.1(a) of
                                                 6293(c)(2)) EPCA does provide an                        testing at least two unit of a basic model            appendix Y to subpart B of 10 CFR part
                                                 allowance for individual manufacturers                  of UPS to certify compliance. (ITI, No.               430 will require that if a UPS can
                                                 to petition DOE for an extension of the                 0007, EERE–2016–BT–TP–0018, p. 1,                     operate in two or more distinct normal
                                                 180-day period if the manufacturer may                  NEMA, No. 0008, EERE–2016–BT–TP–                      modes as more than one UPS
                                                 experience undue hardship in meeting                    0018, p. 2)                                           architecture, then the test shall be
                                                 the 180-day deadline. (42 U.S.C.                           After carefully considering the request            conducted in the lowest input
                                                 6293(c)(3)) To receive such an                          by Schneider Electric, ITI and NEMA                   dependency as well as the highest input
                                                 extension, petitions must be filed with                 about certifying compliance based on                  dependency mode where VFD
                                                 DOE no later than 60 days before the                    the test results of a single unit per basic           represents the lowest input dependency
                                                 end of the 180-day period and must                      model of UPS, DOE is allowing all UPS                 mode, followed by VI and then VFI.
                                                 detail how the manufacturer will                        manufacturers to certify compliance of                DOE is requiring that manufacturers
                                                 experience undue hardship. (42 U.S.C.                   their basic models based on either the                report the input dependency modes and
                                                 6293(c)(3)) Beyond any such extension                   general sampling plan stated in section               efficiencies at 25 percent, 50 percent, 75
                                                 pursuant to the petition process                        (a)(4)(i) of 10 CFR 429.39 or on the test             percent, 100 percent and the average
                                                 specified by EPCA, as noted above, the                  results of a single unit based on the                 load adjusted efficiencies of the lowest
                                                 statute does not permit DOE to extend                   sampling plan in section (a)(4)(ii) of 10             and the highest input dependency
                                                 the date by which representations must                  CFR 429.39. If manufacturers decide to                modes as part of the battery charger
                                                 be made in accordance with the DOE                      certify compliance of a UPS basic model               certification reports for UPSs. DOE is
                                                 test procedure.                                         based on the test results of a single unit,           revising the proposed language in 10
                                                                                                         the certified rating for this UPS basic               CFR 429.39 accordingly.
                                                 J. Sampling Plan for Determination of                   model must be equal to the test results
                                                 Certified Rating                                                                                              L. Sample Represented Value Derivation
                                                                                                         of the single unit tested. If a UPS
                                                   For any covered product,                              manufacturer uses the general sampling                  Schneider Electric requested DOE to
                                                 manufacturers are required to determine                 plan stated in section (a)(4)(i) of 10 CFR            provide application notes or
                                                 represented values, which includes                      429.39 to certify compliance of a basic               publications that show how to take
                                                 certified ratings, for each basic model of              model, DOE will use the sampling plan                 actual measurement data and calculate
                                                 a product, in accordance with the DOE                   for enforcement testing stated in                     represented values for UPSs. (Schneider
                                                 test procedure. Because the proposed                    appendix A to subpart C of 10 CFR part                Electric, Pub. Mtg. Tr., No. 0003, EERE–
                                                 test procedure for UPSs and resulting                   429 for this basic model. If, however, a              2016–BT–TP–0018, pp. 55–56) DOE is
                                                 metric differs from other battery                       UPS manufacturer chooses to certify                   providing the following walkthrough to
                                                 chargers, DOE proposed that UPS                         compliance of a basic model based on                  show how the represented value of the
                                                 manufacturers would certify the average                 the test results of a single unit, then               average load adjusted efficiency of a
                                                 load adjusted efficiency metric (Effavg)                DOE will use a minimum sample size of                 UPS basic model can be derived from
                                                 described in section III.H, as the                      one unit for enforcement testing and if               the test results.
                                                 representative value of energy efficiency               a single unit in the sample of this UPS                 Given a 500W VFD UPS basic model,
                                                 for UPSs. To determine a rating for                     basic model does not meet the                         and following the requirements in 10
                                                 certifying compliance or making energy                  applicable Federal energy conservation                CFR 429.39, two units of this UPS basic
                                                 use representations, DOE typically                      standard, the UPS basic model will be                 model are tested to certify compliance.
                                                 requires manufacturers to test each basic               considered non-compliant. DOE is                      Testing two units of this hypothetical
                                                 model in accordance with the                            revising 10 CFR 429.110 and adding                    UPS basic model according to the
                                                 applicable DOE test procedure and                       appendix D to subpart C of 10 CFR part                provisions in appendix Y to subpart B
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                                                 apply the appropriate sampling plan.                    429 to outline the sampling plans for                 of 10 CFR part 430 yields the following
                                                 DOE proposed that the sampling                          enforcement testing of UPSs.                          results:




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                                                 89818               Federal Register / Vol. 81, No. 238 / Monday, December 12, 2016 / Rules and Regulations

                                                                                              TABLE III.3—HYPOTHETICAL TEST RESULTS OF A 500W VFD UPS
                                                                                                                          Unit # 1                                                                           Unit # 2

                                                                                                          Reference test load percentage                                                   Reference test load percentage

                                                                                              25%                  50%                 75%                 100%                 25%                  50%                75%          100%

                                                 Pavg_in (W) ........................          80.2784           150.8857             220.7255            290.7188               80.2586            150.9758            220.7546     290.5996
                                                 Pavg_out (W) ......................           69.9238           140.4241             209.9844            279.5877               69.9615            140.4254            209.9652     279.5695
                                                 Eff (%) ..............................        87.1016            93.0665              95.1337             96.1712               87.1701             93.0119             95.1125      96.2044



                                                   Using the average load adjusted                                   weightings in Table 4.3.1 of appendix Y                             average load adjusted efficiencies for the
                                                 equation in section 4.3.5 and the load                              to subpart B of 10 CFR part 430, the                                two test units are calculated.

                                                                       TABLE III–4—HYPOTHETICAL AVERAGE LOAD ADJUSTED EFFICIENCIES OF THE 500W VFD UPS
                                                                                                                                                                                                                 Unit # 1          Unit # 2

                                                 Average Load Adjusted Efficiency (%) ....................................................................................................................       93.4251           93.4314



                                                   According to 10 CFR 429.39, the                                   and, x̄ is the sample mean; n is the                                   and x̄ is the sample mean; s is the
                                                 represented value of Effavg must be less                            number of samples; and xi is the Effavg                             sample standard deviation; n is the
                                                 than or equal to the lower of the mean                              of the ith sample; or, the lower 97.5-                              number of samples; and t0.975 is the t-
                                                 of the sample, where:                                               percent confidence limit (LCL) of the                               statistic for a 97.5-percent one-tailed
                                                                                                                     true mean divided by 0.95, where:                                   confidence interval with n-1 degrees of
                                                                                                                                                                                         freedom (from appendix A of subpart B
                                                                                                                                                                                         of 10 CFR part 429).
                                                                                                                                                                                            Following the stated equations, the
                                                                                                                                                                                         mean of the sample and the 97.5-percent
                                                                                                                                                                                         LCL divided by 0.95 are calculated.




                                                   Therefore, the represented value of                               (OIRA) in the Office of Management and                              Counsel’s Web site: http://energy.gov/
                                                 the average load adjusted efficiency for                            Budget.                                                             gc/office-general-counsel.
                                                 the hypothetical 500W VFD UPS basic                                                                                                        DOE reviewed this final rule under
                                                                                                                     B. Review Under the Regulatory                                      the provisions of the Regulatory
                                                 model must be less than 93.4 percent,
                                                                                                                     Flexibility Act                                                     Flexibility Act and DOE’s policies and
                                                 the mean of the sample rounded to one-
                                                 tenth of a percentage point, according to                                                                                               procedures published on February 19,
                                                                                                                        The Regulatory Flexibility Act (5
                                                 the rounding requirements specified in                                                                                                  2003. DOE has concluded that the
                                                                                                                     U.S.C. 601 et seq.) requires that when an
                                                 section 4.3.5(b) of appendix Y to subpart                                                                                               adopted test procedure would not have
                                                                                                                     agency promulgates a final rule under 5
                                                                                                                                                                                         a significant impact on a substantial
                                                 B of 10 CFR part 430.                                               U.S.C. 553, after being required by that                            number of small entities. The factual
                                                                                                                     section or any other law to publish a                               basis for this certification is as follows.
                                                 IV. Procedural Issues and Regulatory
                                                                                                                     general notice of proposed rulemaking,                                 The Small Business Administration
                                                 Review
                                                                                                                     the agency shall prepare a final                                    (SBA) considers a business entity to be
                                                 A. Review Under Executive Order 12866                               regulatory flexibility analysis (FRFA).                             a small business, if, together with its
                                                                                                                     As required by Executive Order 13272,                               affiliates, it employs fewer than a
                                                    The Office of Management and Budget
                                                                                                                                                                                                                                                ER12DE16.014</GPH>




                                                                                                                     ‘‘Proper Consideration of Small Entities                            threshold number of workers specified
                                                 has determined that test procedure                                  in Agency Rulemaking,’’ 67 FR 53461                                 in 13 CFR part 121. These size standards
                                                 rulemakings do not constitute                                       (August 16, 2002), DOE published                                    and codes are established by the North
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                                                 ‘‘significant regulatory actions’’ under                            procedures and policies on February 19,                             American Industry Classification
                                                 section 3(f) of Executive Order 12866,                              2003 to ensure that the potential                                   System (NAICS). The threshold number
                                                                                                                                                                                                                                                ER12DE16.013</GPH>




                                                 Regulatory Planning and Review, 58 FR                               impacts of its rules on small entities are                          for NAICS classification code 335999,
                                                 51735 (Oct. 4, 1993). Accordingly, this                             properly considered during the DOE                                  which applies to ‘‘all other
                                                 action was not subject to review under                              rulemaking process. 68 FR 7990. DOE                                 miscellaneous electrical equipment and
                                                 the Executive Order by the Office of                                has made its procedures and policies                                component manufacturing’’ and
                                                                                                                                                                                                                                                ER12DE16.012</GPH>




                                                 Information and Regulatory Affairs                                  available on the Office of the General                              includes UPSs, is 500 employees.


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                                                                  Federal Register / Vol. 81, No. 238 / Monday, December 12, 2016 / Rules and Regulations                                        89819

                                                    To estimate the number of companies                  commercial equipment, including UPSs.                 of the States and to carefully assess the
                                                 that could be small businesses that                     (See generally 10 CFR part 429.) The                  necessity for such actions. The
                                                 manufacture UPSs covered by this                        collection-of-information requirement                 Executive Order also requires agencies
                                                 rulemaking, DOE conducted a market                      for the certification and recordkeeping               to have an accountable process to
                                                 survey using publicly available                         is subject to review and approval by                  ensure meaningful and timely input by
                                                 information. DOE first attempted to                     OMB under the Paperwork Reduction                     State and local officials in the
                                                 identify all potential UPS manufacturers                Act (PRA). This requirement has been                  development of regulatory policies that
                                                 by researching EPA’s ENERGY STAR                        approved by OMB under OMB control                     have Federalism implications. On
                                                 certification database,4 retailer Web                   number 1910–1400. Public reporting                    March 14, 2000, DOE published a
                                                 sites, individual company Web sites,                    burden for the certification is estimated             statement of policy describing the
                                                 and the SBA’s database. DOE then                        to average 30 hours per response,                     intergovernmental consultation process
                                                 attempted to gather information on the                  including the time for reviewing                      it will follow in the development of
                                                 location and number of employees to                     instructions, searching existing data                 such regulations. 65 FR 13735. DOE
                                                 determine if these companies met SBA’s                  sources, gathering and maintaining the                examined this final rule and determined
                                                 definition of a small business for each                 data needed, and completing and                       that it will not have a substantial direct
                                                 potential UPS manufacturer by reaching                  reviewing the collection of information.              effect on the States, on the relationship
                                                 out directly to those potential small                   Manufacturers would not be required to                between the national government and
                                                 businesses and using market research                    submit a certification report until such              the States, or on the distribution of
                                                 tools (i.e., Hoover’s reports), and                     time as compliance with an energy                     power and responsibilities among the
                                                 company profiles on public Web sites                    conservation standard is required.                    various levels of government. EPCA
                                                 (i.e., Manta, Glassdoor, and LinkedIn).                    Notwithstanding any other provision                governs and prescribes Federal
                                                 DOE also asked stakeholders and                         of the law, no person is required to                  preemption of State regulations as to
                                                 industry representatives if they were                   respond to, nor shall any person be                   energy conservation for the products
                                                 aware of any small businesses during                    subject to a penalty for failure to comply            that are the subject of this final rule.
                                                 manufacturer interviews. DOE used                       with, a collection of information subject             States can petition DOE for exemption
                                                 information from these sources to create                to the requirements of the PRA, unless                from such preemption to the extent, and
                                                 a list of companies that potentially                    that collection of information displays a             based on criteria, set forth in EPCA. (42
                                                 manufacture UPSs and would be                           currently valid OMB Control Number.                   U.S.C. 6297(d)) No further action is
                                                 impacted by this rulemaking. DOE                        D. Review Under the National                          required by Executive Order 13132.
                                                 eliminated companies that do not meet                   Environmental Policy Act of 1969                      F. Review Under Executive Order 12988
                                                 the definition of a ‘‘small business,’’ are
                                                                                                            In this final rule, DOE adopts test                   Regarding the review of existing
                                                 completely foreign owned and operated,
                                                                                                         procedure amendments that it expects                  regulations and the promulgation of
                                                 or do not manufacture UPSs in the
                                                                                                         will be used to develop and implement                 new regulations, section 3(a) of
                                                 United States.
                                                    DOE initially identified a total of 48               future energy conservation standards for              Executive Order 12988, ‘‘Civil Justice
                                                 potential companies that sell UPSs in                   UPSs. DOE has determined that this rule               Reform,’’ 61 FR 4729 (Feb. 7, 1996),
                                                                                                         falls into a class of actions that are                imposes on Federal agencies the general
                                                 the United States. As part of the May
                                                                                                         categorically excluded from review                    duty to adhere to the following
                                                 2016 TP NOPR, DOE estimated that 12
                                                                                                         under the National Environmental                      requirements: (1) Eliminate drafting
                                                 companies were small businesses.
                                                                                                         Policy Act of 1969 (42 U.S.C. 4321 et                 errors and ambiguity; (2) write
                                                 However, after reviewing publicly
                                                                                                         seq.) and DOE’s implementing                          regulations to minimize litigation; (3)
                                                 available information on these
                                                                                                         regulations at 10 CFR part 1021.                      provide a clear legal standard for
                                                 businesses, DOE determined that none
                                                                                                         Specifically, this adopted rule would                 affected conduct rather than a general
                                                 of these companies manufacture UPSs
                                                                                                         amend the existing test procedure                     standard; and (4) promote simplification
                                                 in the United States and therefore are
                                                                                                         without affecting the amount, quality or              and burden reduction. Section 3(b) of
                                                 not considered to be small business UPS
                                                                                                         distribution of energy usage, and,                    Executive Order 12988 specifically
                                                 manufacturers for the purposes of this
                                                                                                         therefore, would not result in any                    requires that Executive agencies make
                                                 analysis. As a result, DOE certifies that
                                                                                                         environmental impacts. Thus, this                     every reasonable effort to ensure that the
                                                 this rulemaking will not have a
                                                                                                         rulemaking is covered by Categorical                  regulation (1) clearly specifies the
                                                 significant economic impact on a
                                                                                                         Exclusion A5 under 10 CFR part 1021,                  preemptive effect, if any; (2) clearly
                                                 substantial number of small entities.
                                                                                                         subpart D, which applies to any                       specifies any effect on existing Federal
                                                 C. Review Under the Paperwork                           rulemaking that interprets or amends an               law or regulation; (3) provides a clear
                                                 Reduction Act of 1995                                   existing rule without changing the                    legal standard for affected conduct
                                                   Manufacturers of UPSs must certify to                 environmental effect of that rule.                    while promoting simplification and
                                                 DOE that their products comply with                     Accordingly, neither an environmental                 burden reduction; (4) specifies the
                                                 any applicable energy conservation                      assessment nor an environmental                       retroactive effect, if any; (5) adequately
                                                 standards. To certify compliance,                       impact statement is required.                         defines key terms; and (6) addresses
                                                 manufacturers must first obtain test data                                                                     other important issues affecting clarity
                                                                                                         E. Review Under Executive Order 13132                 and general draftsmanship under any
                                                 for their products according to the DOE
                                                                                                           Executive Order 13132, ‘‘Federalism,’’              guidelines issued by the Attorney
                                                 test procedures, including any
                                                                                                         64 FR 43255 (August 4, 1999), imposes                 General. Section 3(c) of Executive Order
                                                 amendments adopted for those test
                                                                                                         certain requirements on agencies                      12988 requires Executive agencies to
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                                                 procedures. DOE has established
                                                                                                         formulating and implementing policies                 review regulations in light of applicable
                                                 regulations for the certification and
                                                                                                         or regulations that preempt State law or              standards in sections 3(a) and 3(b) to
                                                 recordkeeping requirements for all
                                                                                                         that have Federalism implications. The                determine whether they are met or it is
                                                 covered consumer products and
                                                                                                         Executive Order requires agencies to                  unreasonable to meet one or more of
                                                   4 ENERGY STAR, Energy Star Certified Products.        examine the constitutional and statutory              them. DOE has completed the required
                                                 Available at http://www.energystar.gov/. Last           authority supporting any action that                  review and determined that, to the
                                                 accessed November 14, 2016.                             would limit the policymaking discretion               extent permitted by law, this final rule


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                                                 89820            Federal Register / Vol. 81, No. 238 / Monday, December 12, 2016 / Rules and Regulations

                                                 meets the relevant standards of                         Protected Property Rights’’ 53 FR 8859                L. Review Under Section 32 of the
                                                 Executive Order 12988.                                  (March 18, 1988), that this regulation                Federal Energy Administration Act of
                                                                                                         will not result in any takings that might             1974
                                                 G. Review Under the Unfunded
                                                 Mandates Reform Act of 1995                             require compensation under the Fifth                     Under section 301 of the Department
                                                                                                         Amendment to the U.S. Constitution.                   of Energy Organization Act (Pub. L. 95–
                                                   Title II of the Unfunded Mandates
                                                 Reform Act of 1995 (UMRA) requires                      J. Review Under Treasury and General                  91; 42 U.S.C. 7101), DOE must comply
                                                 each Federal agency to assess the effects               Government Appropriations Act, 2001                   with section 32 of the Federal Energy
                                                 of Federal regulatory actions on State,                                                                       Administration Act of 1974, as amended
                                                 local, and Tribal governments and the                     Section 515 of the Treasury and                     by the Federal Energy Administration
                                                 private sector. Public Law 104–4, sec.                  General Government Appropriations                     Authorization Act of 1977. (15 U.S.C.
                                                 201 (codified at 2 U.S.C. 1531). For a                  Act, 2001 (44 U.S.C. 3516 note) provides              788; FEAA) Section 32 essentially
                                                 regulatory action resulting in a rule that              for agencies to review most                           provides in relevant part that, where a
                                                 may cause the expenditure by State,                     disseminations of information to the                  proposed rule authorizes or requires use
                                                 local, and Tribal governments, in the                   public under guidelines established by                of commercial standards, the notice of
                                                 aggregate, or by the private sector of                  each agency pursuant to general                       proposed rulemaking must inform the
                                                 $100 million or more in any one year                    guidelines issued by OMB. OMB’s                       public of the use and background of
                                                 (adjusted annually for inflation), section              guidelines were published at 67 FR                    such standards. In addition, section
                                                 202 of UMRA requires a Federal agency                   8452 (Feb. 22, 2002), and DOE’s                       32(c) requires DOE to consult with the
                                                 to publish a written statement that                                                                           Attorney General and the Chairman of
                                                                                                         guidelines were published at 67 FR
                                                 estimates the resulting costs, benefits,                                                                      the Federal Trade Commission (FTC)
                                                                                                         62446 (Oct. 7, 2002). DOE has reviewed
                                                 and other effects on the national                                                                             concerning the impact of the
                                                                                                         this final rule under the OMB and DOE                 commercial or industry standards on
                                                 economy. (2 U.S.C. 1532(a), (b)) The                    guidelines and has concluded that it is
                                                 UMRA also requires a Federal agency to                                                                        competition.
                                                                                                         consistent with applicable policies in                   This final rule incorporates testing
                                                 develop an effective process to permit
                                                                                                         those guidelines.                                     methods contained in Section 6 and
                                                 timely input by elected officers of State,
                                                 local, and Tribal governments on a                      K. Review Under Executive Order 13211                 Annex J of the IEC 62040–3 Ed. 2.0,
                                                 proposed ‘‘significant intergovernmental                                                                      ‘‘Uninterruptible power systems
                                                 mandate,’’ and requires an agency plan                     Executive Order 13211, ‘‘Actions                   (UPS)—Method of specifying the
                                                 for giving notice and opportunity for                   Concerning Regulations That                           performance and test requirements’’
                                                 timely input to potentially affected                    Significantly Affect Energy Supply,                   standard. DOE has evaluated this
                                                 small governments before establishing                   Distribution, or Use,’’ 66 FR 28355 (May              standard and is unable to conclude
                                                 any requirements that might                             22, 2001), requires Federal agencies to               whether it fully complies with the
                                                 significantly or uniquely affect small                  prepare and submit to OMB, a                          requirements of section 32(b) of the
                                                 governments. On March 18, 1997, DOE                     Statement of Energy Effects for any                   FEAA, (i.e., that they were developed in
                                                 published a statement of policy on its                  significant energy action. A ‘‘significant            a manner that fully provides for public
                                                 process for intergovernmental                           energy action’’ is defined as any action              participation, comment, and review).
                                                 consultation under UMRA. 62 FR                          by an agency that promulgated or is                   DOE has consulted with the Attorney
                                                 12820. (This policy is also available at                expected to lead to promulgation of a                 General and the Chairman of the FTC
                                                 http://energy.gov/gc/office-general-                    final rule, and that (1) is a significant             concerning the impact of these test
                                                 counsel.) DOE examined this final rule                                                                        procedures on competition and neither
                                                                                                         regulatory action under Executive Order
                                                 according to UMRA and its statement of                                                                        recommended against incorporation of
                                                                                                         12866, or any successor order; and (2)
                                                 policy and determined that the rule                                                                           these standards.
                                                                                                         is likely to have a significant adverse
                                                 contains neither an intergovernmental                   effect on the supply, distribution, or use            M. Congressional Notification
                                                 mandate, nor a mandate that may result                  of energy; or (3) is designated by the
                                                 in the expenditure of $100 million or                                                                           As required by 5 U.S.C. 801, DOE will
                                                                                                         Administrator of OIRA as a significant                report to Congress on the promulgation
                                                 more in any year, so these requirements
                                                                                                         energy action. For any significant energy             of this rule before its effective date. The
                                                 do not apply.
                                                                                                         action, the agency must give a detailed               report will state that it has been
                                                 H. Review Under the Treasury and                        statement of any adverse effects on                   determined that the rule is not a ‘‘major
                                                 General Government Appropriations                       energy supply, distribution, or use if the            rule’’ as defined by 5 U.S.C. 804(2).
                                                 Act, 1999                                               regulation is implemented, and of
                                                                                                                                                               N. Description of Materials Incorporated
                                                    Section 654 of the Treasury and                      reasonable alternatives to the action and
                                                                                                                                                               by Reference
                                                 General Government Appropriations                       their expected benefits on energy
                                                 Act, 1999 (Pub. L. 105–277) requires                    supply, distribution, and use.                           DOE incorporates by reference
                                                 Federal agencies to issue a Family                                                                            Section 5.2.1, Clause 5.2.2.k, Clause
                                                                                                            The adopted regulatory action to
                                                 Policymaking Assessment for any rule                                                                          5.3.2.d, Clause 5.3.2.e, Section 5.3.4,
                                                                                                         amend the test procedure for measuring                Section 6.2.2.7, Section 6.4.1 (except
                                                 that may affect family well-being. This                 the energy efficiency of UPSs is not a
                                                 final rule will not have any impact on                                                                        6.4.1.3, 6.4.1.4, 6.4.1.5, 6.4.1.6, 6.4.1.7,
                                                                                                         significant regulatory action under                   6.4.1.8, 6.4.1.9 and 6.4.1.10), Annex G,
                                                 the autonomy or integrity of the family
                                                                                                         Executive Order 12866. Moreover, it                   and Annex J of the IEC 62040–3 Ed. 2.0,
                                                 as an institution. Accordingly, DOE has
                                                                                                         would not have a significant adverse                  ‘‘Uninterruptible power systems
                                                 concluded that it is not necessary to
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                                                 prepare a Family Policymaking                           effect on the supply, distribution, or use            (UPS)—Part 3: Method of specifying the
                                                 Assessment.                                             of energy, nor has it been designated as              performance and test requirements’’
                                                                                                         a significant energy action by the                    standard. This standard is used to
                                                 I. Review Under Executive Order 12630                   Administrator of OIRA. Therefore, it is               specify the testing requirements for
                                                    DOE has determined, under Executive                  not a significant energy action, and,                 UPSs and is available from the
                                                 Order 12630, ‘‘Governmental Actions                     accordingly, DOE has not prepared a                   American National Standards Institute,
                                                 and Interference with Constitutionally                  Statement of Energy Effects.                          25 W. 43rd Street, 4th Floor, New York,


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                                                                  Federal Register / Vol. 81, No. 238 / Monday, December 12, 2016 / Rules and Regulations                                         89821

                                                 NY 10036 or at http://webstore.ansi                     hours (Wh), 24-hour energy                              (A) A sample of sufficient size must
                                                 .org/. DOE also incorporates by                         consumption (E24) in watt hours (Wh),                 be randomly selected and tested to
                                                 reference Figure 1–15 and Figure 5–15                   maintenance mode power (Pm) in watts                  ensure that the represented value of
                                                 of the NEMA standard, ANSI/NEMA                         (W), standby mode power (Psb) in watts                Effavg is less than or equal to the lower
                                                 Standard WD 6–2016, ‘‘Wiring                            (W), off mode power (Poff) in watts (W),              of:
                                                 Devices—Dimensional Specifications.’’                   and duration of the charge and                          (1) The mean of the sample, where:
                                                 This standard is used to describe the                   maintenance mode test (tcd) in hours
                                                 scope of this final rule and is available               (hrs) for all battery chargers other than
                                                 from the American National Standards                    uninterruptible power supplies (UPSs);
                                                 Institute, 25 W. 43rd Street, 4th Floor,                and average load adjusted efficiency
                                                 New York, NY 10036 or at http://                        (Effavg) for UPSs.
                                                 webstore.ansi.org/.                                       (2) Units to be tested. (i) The general             and, x̄ is the sample mean; n is the
                                                                                                         requirements of § 429.11 are applicable               number of samples; and xi is the Effavg
                                                 V. Approval of the Office of the                                                                              of the ith sample; or,
                                                 Secretary                                               to all battery chargers; and
                                                                                                           (ii) For each basic model of battery                  (2) The lower 97.5-percent confidence
                                                   The Secretary of Energy has approved                  chargers other than UPSs, a sample of                 limit (LCL) of the true mean divided by
                                                 publication of this final rule.                         sufficient size must be randomly                      0.95, where:
                                                 List of Subjects                                        selected and tested to ensure that the
                                                                                                         represented value of UEC is greater than
                                                 10 CFR Part 429                                         or equal to the higher of:
                                                   Administrative practice and                             (A) The mean of the sample, where:                  and x̄ is the sample mean; s is the
                                                 procedure, Confidential business                                                                              sample standard deviation; n is the
                                                 information, Energy conservation,                                                                             number of samples; and t0.975 is the t-
                                                 Household appliances, Reporting and                                                                           statistic for a 97.5-percent one-tailed
                                                 recordkeeping requirements.                                                                                   confidence interval with n-1 degrees of
                                                 10 CFR Part 430                                                                                               freedom (from appendix A of this
                                                                                                         and, x̄ is the sample mean; n is the                  subpart).
                                                   Administrative practice and                           number of samples; and xi is the UEC of                  (B) The represented value of Effavg is
                                                 procedure, Confidential business                        the ith sample; or,                                   equal to the Effavg of the single unit
                                                 information, Energy conservation,                         (B) The upper 97.5-percent                          tested.
                                                 Household appliances, Imports,                          confidence limit (UCL) of the true mean                  (b) Certification reports. (1) The
                                                 Incorporation by reference,                             divided by 1.05, where:                               requirements of § 429.12 are applicable
                                                 Intergovernmental relations, Small                                                                            to all battery chargers.
                                                 businesses.                                                                                                      (2) Pursuant to § 429.12(b)(13), a
                                                   Issued in Washington, DC, on November                                                                       certification report must include the
                                                 21, 2016.                                                                                                     following product-specific information
                                                 Kathleen B. Hogan,                                      and x̄ is the sample mean; s is the                   for all battery chargers other than UPSs:
                                                 Deputy Assistant Secretary for Energy                   sample standard deviation; n is the                   The nameplate battery voltage of the test
                                                 Efficiency, Energy Efficiency and Renewable             number of samples; and t0.975 is the t-               battery in volts (V), the nameplate
                                                 Energy.                                                 statistic for a 97.5-percent one-tailed               battery charge capacity of the test
                                                   For the reasons stated in the                         confidence interval with n-1 degrees of               battery in ampere-hours (Ah), and the
                                                 preamble, DOE amends parts 429 and                      freedom (from appendix A of this                      nameplate battery energy capacity of the
                                                 430 of Chapter II of Title 10, Code of                  subpart).                                             test battery in watt-hours (Wh). A
                                                 Federal Regulations as set forth below:                    (iii) For each basic model of battery              certification report must also include
                                                                                                         chargers other than UPSs, using the                   the represented values, as determined in
                                                 PART 429—CERTIFICATION,                                 sample from paragraph (a)(2)(ii) of this              paragraph (a) of this section for the
                                                 COMPLIANCE, AND ENFORCEMENT                             section, calculate the represented values             maintenance mode power (Pm), standby
                                                 FOR CONSUMER PRODUCTS AND                               of each metric (i.e., maintenance mode                mode power (Psb), off mode power (Poff),
                                                 COMMERCIAL AND INDUSTRIAL                               power (Pm), standby power (Psb), off                  battery discharge energy (Ebatt), 24-hour



                                                                                                                                                                                                           ER12DE16.019</GPH>
                                                 EQUIPMENT                                               mode power (Poff), battery discharge                  energy consumption (E24), duration of
                                                                                                         energy (EBatt), 24-hour energy                        the charge and maintenance mode test
                                                 ■ 1. The authority citation for part 429                consumption (E24), and duration of the                (tcd), and unit energy consumption
                                                 continues to read as follows:                           charge and maintenance mode test (tcd)),              (UEC).
                                                   Authority: 42 U.S.C. 6291–6317; 28 U.S.C.             where the represented value of the                       (3) Pursuant to § 429.12(b)(13), a
                                                                                                                                                                                                           ER12DE16.018</GPH>


                                                 2461 note.                                              metric is:                                            certification report must include the
                                                 ■   2. Revise § 429.39 to read as follows:                                                                    following product-specific information
                                                                                                                                                               for all battery chargers other than UPSs:
                                                 § 429.39   Battery chargers.                                                                                  The manufacturer and model of the test
                                                                                                                                                                                                           ER12DE16.017</GPH>




                                                   (a) Determination of represented                                                                            battery, and the manufacturer and
                                                 value. Manufacturers must determine                                                                           model, when applicable, of the external
                                                 represented values, which include                       and, x̄ is the sample mean, n is the                  power supply.
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                                                 certified ratings, for each basic model of              number of samples, and xi is the                         (4) Pursuant to § 429.12(b)(13), a
                                                 battery charger in accordance with the                  measured value of the ith sample for the              certification report must include the
                                                                                                                                                                                                           ER12DE16.016</GPH>




                                                 following sampling provisions.                          metric.                                               following product-specific information
                                                   (1) Represented values include: The                     (iv) For each basic model of UPSs, the              for all UPSs: Supported input
                                                 unit energy consumption (UEC) in                        represented value of Effavg must be                   dependency mode(s); active power in
                                                 kilowatt-hours per year (kWh/yr),                       calculated using one of the following                 watts (W); apparent power in volt-
                                                                                                                                                                                                           ER12DE16.015</GPH>




                                                 battery discharge energy (Ebatt) in watt                two methods:                                          amperes (VA); rated input and output


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                                                 89822            Federal Register / Vol. 81, No. 238 / Monday, December 12, 2016 / Rules and Regulations

                                                 voltages in volts (V); efficiencies at 25               § 429.134 Product-specific enforcement                   (i) Section 5, Electrical conditions,
                                                 percent, 50 percent, 75 percent and 100                 provisions.                                           performance and declared values,
                                                 percent of the reference test load; and                 *     *    *     *      *                             Section 5.2, UPS input specification,
                                                 average load adjusted efficiency of the                   (o) Uninterruptible power supplies. (1)             Section 5.2.1—Conditions for normal
                                                 lowest and highest input dependency                     Determine the UPS architecture by                     mode of operation;
                                                 modes.                                                  performing the tests specified in the                    (ii) Clause 5.2.2.k;
                                                                                                         definitions of VI, VFD, and VFI in                       (iii) Section 5.3, UPS output
                                                 ■ 3. Section 429.110 is amended by
                                                                                                         sections 2.28.1 through 2.28.3 of                     specification, Section 5.3.2,
                                                 revising paragraphs (e)(6), (7), and (8),
                                                                                                         appendix Y to subpart B of 10 CFR part                Characteristics to be declared by the
                                                 and adding paragraph (e)(9) to read as
                                                                                                         430.                                                  manufacturer, Clause 5.3.2.d;
                                                 follows:
                                                                                                           (2) [Reserved]                                         (iv) Clause 5.3.2.e;
                                                 § 429.110   Enforcement testing.                        ■ 5. Add appendix D to subpart C of                      (v) Section 5.3.4—Performance
                                                 *      *     *    *      *                              part 429 to read as follows:                          classification;
                                                                                                                                                                  (vi) Section 6.2, Routine test
                                                    (e) * * *                                            Appendix D to Subpart C of Part 429—                  procedure, Section 6.2.2.7—AC input
                                                    (6) For uninterruptible power                        Sampling Plan for Enforcement Testing                 failure;
                                                 supplies, if a basic model is certified for             of Uninterruptible Power Supplies                        (vii) Section 6.4, Type test procedure
                                                 compliance to the applicable energy                                                                           (electrical), Section 6.4.1—Input—a.c.
                                                                                                            (a) The minimum sample size for
                                                 conservation standard(s) in § 430.32 of                 enforcement testing will be one unit.                 supply compatibility (excluding 6.4.1.3,
                                                 this chapter according to the sampling                     (b) Compute the average load adjusted              6.4.1.4, 6.4.1.5, 6.4.1.6, 6.4.1.7, 6.4.1.8,
                                                 plan in § 429.39(a)(2)(iv)(A) of this                   efficiency (Effavg) of the unit in the sample.        6.4.1.9 and 6.4.1.10);
                                                 chapter, DOE will use a sample size of                     (c) Determine the applicable DOE energy               (viii) Annex G—Input mains failure—
                                                 not more than 21 units and follow the                   efficiency standard (EES).                            Test method
                                                 sampling plan in appendix A of this                        (d) If all Effavg are equal to or greater than        (ix) Annex J—UPS Efficiency—
                                                 subpart (Sampling for Enforcement                       EES, then the basic model is in compliance            Methods of measurement.
                                                 Testing of Covered Consumer Products                    and testing is at an end.
                                                                                                            (e) If any Effavg is less than EES, then the       *       *     *    *     *
                                                 and Certain High-Volume Commercial                                                                            ■ 8. Section 430.23 is amended by
                                                                                                         basic model is in noncompliance and testing
                                                 Equipment). If a basic model is certified               is at an end.                                         revising paragraph (aa) to read as
                                                 for compliance to the applicable energy                                                                       follows:
                                                 conservation standard(s) in § 430.32 of                 PART 430—ENERGY CONSERVATION
                                                 this chapter according to the sampling                  PROGRAM FOR CONSUMER                                  § 430.23 Test procedures for the
                                                 plan in § 429.39(a)(2)(iv)(B) of this                   PRODUCTS                                              measurement of energy and water
                                                 chapter, DOE will use a sample size of                                                                        consumption.
                                                 at least one unit and follow the                        ■ 6. The authority citation for part 430              *      *     *    *     *
                                                 sampling plan in appendix D of this                     continues to read as follows:                            (aa) Battery Chargers. (1) Measure the
                                                 subpart (Sampling for Enforcement                         Authority: 42 U.S.C. 6291–6309; 28 U.S.C.           maintenance mode power, standby
                                                 Testing of Uninterruptible Power                        2461 note.                                            power, off mode power, battery
                                                 Supplies).                                                                                                    discharge energy, 24-hour energy
                                                                                                         ■ 7. Section 430.3 is amended by:
                                                    (7) Notwithstanding paragraphs (e)(1)                ■ a. Redesignating paragraphs (e)(17)                 consumption and measured duration of
                                                 through (6) of this section, if testing of              through (20) as (e)(18) through (21)                  the charge and maintenance mode test
                                                 the available or subsequently available                 respectively;                                         for a battery charger other than
                                                 units of a basic model would be                         ■ b. Adding new paragraph (e)(17);
                                                                                                                                                               uninterruptible power supplies in
                                                 impractical, as for example when a basic                ■ c. Redesignating paragraphs (p)(3)                  accordance with appendix Y to this
                                                 model has unusual testing requirements                  through (8) as (p)(4) through (9)                     subpart.
                                                 or has limited production, DOE may in                   respectively; and                                        (2) Calculate the unit energy
                                                 its discretion decide to base the                       ■ d. Adding new paragraph (p)(3).                     consumption of a battery charger other
                                                 determination of compliance on the                        The additions read as follows:                      than uninterruptible power supplies in
                                                 testing of fewer than the otherwise                                                                           accordance with appendix Y to this
                                                 required number of units.                               § 430.3 Materials incorporated by                     subpart.
                                                                                                         reference.                                               (3) Calculate the average load adjusted
                                                    (8) When DOE makes a determination
                                                 in accordance with paragraph (e)(7) of                  *       *    *    *   *                               efficiency of an uninterruptible power
                                                                                                            (e) * * *                                          supply in accordance with appendix Y
                                                 this section to test less than the number
                                                                                                            (17) ANSI/NEMA WD 6–2016, Wiring                   to this subpart.
                                                 of units specified in paragraphs (e)(1)
                                                                                                         Devices—Dimensional Specifications,                   *      *     *    *     *
                                                 through (6) of this section, DOE will
                                                                                                         ANSI approved February 11, 2016, IBR                  ■ 9. Appendix Y to subpart B of part 430
                                                 base the compliance determination on
                                                                                                         approved for Appendix Y to subpart B;                 is amended by:
                                                 the results of such testing in accordance
                                                                                                         as follows:                                           ■ a. Revising the introductory text to
                                                 with appendix B of this subpart                            (i) Figure 1–15—Plug and Receptacle;
                                                 (Sampling Plan for Enforcement Testing                                                                        appendix Y;
                                                                                                         and                                                   ■ b. Revising section 1;
                                                 of Covered Equipment and Certain Low-                      (ii) Figure 5–15—Plug and Receptacle.
                                                 Volume Covered Products) using a                                                                              ■ c. Redesignating section 2.24 as 2.28;
                                                 sample size (n1) equal to the number of                 *       *    *    *   *                               ■ d. Adding a new section 2.24;
                                                                                                            (p) * * *                                          ■ e. Redesignating sections 2.22 and
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                                                 units tested.
                                                                                                            (3) IEC Standard 62040–3 Ed. 2.0,                  2.23 as sections 2.25 and 2.26,
                                                    (9) For the purposes of this section,                (‘‘IEC 62040–3 Ed. 2.0’’),                            respectively;
                                                 available units are those that are                      Uninterruptible power systems (UPS)—                  ■ f. Adding sections 2.27, 2.27.1, 2.27.2,
                                                 available for distribution in commerce                  Part 3: Method of specifying the                      and 2.27.3;
                                                 within the United States.                               performance and test requirements,                    ■ g. Redesignating sections 2.18 through
                                                 ■ 4. Section 429.134 is amended by                      Edition 2.0, 2011–03, IBR approved for                2.21 as sections 2.20 through 2.23,
                                                 adding paragraph (o) to read as follows:                appendix Y to subpart B, as follows:                  respectively;


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                                                                  Federal Register / Vol. 81, No. 238 / Monday, December 12, 2016 / Rules and Regulations                                               89823

                                                 ■ h. Adding a new section 2.19;                            2.27. Uninterruptible power supply or UPS           TABLE 3.1.1—LIST OF MEASURED OR
                                                 ■ i. Redesignating sections 2.12 through                means a battery charger consisting of a                       CALCULATED VALUES
                                                 2.17 as sections 2.13 through 2.18,                     combination of convertors, switches and
                                                 respectively;                                           energy storage devices (such as batteries),              Name of measured or
                                                 ■ j. Adding a new section 2.12;                         constituting a power system for maintaining                                               Reference
                                                                                                                                                                    calculated value
                                                 ■ k. Revising sections 3 and 4; and                     continuity of load power in case of input
                                                 ■ l. Removing section 5.                                power failure.                                        1. Duration of the charge        Section 3.3.2.
                                                   The additions and revisions read as                      2.27.1. Voltage and frequency dependent              and maintenance mode
                                                 follows:                                                UPS or VFD UPS means a UPS that produces                test.
                                                                                                         an AC output where the output voltage and             2. Battery Discharge En-         Section 3.3.8.
                                                 Appendix Y to Subpart B of Part 430—                    frequency are dependent on the input voltage            ergy.
                                                 Uniform Test Method for Measuring the                   and frequency. This UPS architecture does             3. Initial time and power        Section 3.3.6.
                                                 Energy Consumption of Battery                           not provide corrective functions like those in          (W) of the input current
                                                 Chargers                                                voltage independent and voltage and                     of connected battery.
                                                                                                         frequency independent systems.                        4. Active and Maintenance        Section 3.3.6.
                                                    Prior to November 16, 2016, manufacturers               Note to 2.27.1: VFD input dependency may             Mode Energy Consump-
                                                 must make any representations regarding the             be verified by performing the AC input                  tion.
                                                 energy consumption of battery chargers other            failure test in section 6.2.2.7 of IEC 62040–         5. Maintenance Mode              Section 3.3.9.
                                                 than uninterruptible power supplies based               3 Ed. 2.0 (incorporated by reference, see               Power.
                                                 upon results generated under this appendix              § 430.3) and observing that, at a minimum,            6. 24 Hour Energy Con-           Section 3.3.10.
                                                 or the previous version of this appendix as             the UPS switches from normal mode of                    sumption.
                                                 it appeared in the Code of Federal                                                                            7. Standby Mode Power ....       Section 3.3.11.
                                                                                                         operation to battery power while the input is
                                                 Regulations on January 1, 2016. On or after                                                                   8. Off Mode Power ............   Section 3.3.12.
                                                                                                         interrupted.
                                                 November 16, 2016, manufacturers must                                                                         9. Unit Energy Consump-          Section 3.3.13.
                                                                                                            2.27.2. Voltage and frequency independent
                                                 make any representations regarding the                                                                          tion, UEC (kWh/yr).
                                                 energy consumption of battery chargers other            UPS or VFI UPS means a UPS where the
                                                 than uninterruptible power supplies based               device remains in normal mode producing an
                                                                                                         AC output voltage and frequency that is               3.1.2. Verifying Accuracy and Precision of
                                                 upon results generated under this appendix.                                                                   Measuring Equipment
                                                 On or after June 12, 2017, manufacturers                independent of input voltage and frequency
                                                 must make any representations regarding the             variations and protects the load against                Any power measurement equipment
                                                 energy efficiency of uninterruptible power              adverse effects from such variations without          utilized for testing must conform to the
                                                 supplies based upon results generated under             depleting the stored energy source.                   uncertainty and resolution requirements
                                                 this appendix.                                             Note to 2.27.2: VFI input dependency may           outlined in section 4, ‘‘General conditions for
                                                                                                         be verified by performing the steady state            measurement’’, as well as annexes B, ‘‘Notes
                                                 1. Scope                                                input voltage tolerance test and the input            on the measurement of low power modes’’,
                                                    This appendix provides the test                      frequency tolerance test in sections 6.4.1.1          and D, ‘‘Determination of uncertainty of
                                                 requirements used to measure the energy                 and 6.4.1.2 of IEC 62040–3 Ed. 2.0                    measurement’’, of IEC 62301 (incorporated by
                                                 consumption of battery chargers operating at            (incorporated by reference, see § 430.3)              reference, see § 430.3).
                                                 either DC or United States AC line voltage              respectively and observing that, at a                 3.1.3. Setting Up the Test Room
                                                 (115V at 60Hz). This appendix also provides             minimum, the UPS produces an output
                                                 the test requirements used to measure the                                                                       All tests, battery conditioning, and battery
                                                                                                         voltage and frequency within the specified            rest periods shall be carried out in a room
                                                 energy efficiency of uninterruptible power              output range when the input voltage is varied         with an air speed immediately surrounding
                                                 supplies as defined in section 2 of this                by ±10% of the rated input voltage and the            the UUT of ≤0.5 m/s. The ambient
                                                 appendix that utilize the standardized                  input frequency is varied by ±2% of the rated         temperature shall be maintained at 20 °C ±
                                                 National Electrical Manufacturer Association            input frequency.                                      5 °C throughout the test. There shall be no
                                                 (NEMA) plug, 1–15P or 5–15P, as specified                  2.27.3. Voltage independent UPS or VI UPS          intentional cooling of the UUT such as by use
                                                 in ANSI/NEMA WD 6–2016 (incorporated by                 means a UPS that produces an AC output                of separately powered fans, air conditioners,
                                                 reference, see § 430.3) and have an AC                  within a specific tolerance band that is              or heat sinks. The UUT shall be conditioned,
                                                 output. This appendix does not provide a                independent of under-voltage or over-voltage          rested, and tested on a thermally non-
                                                 method for testing back-up battery chargers.
                                                                                                         variations in the input voltage without               conductive surface. When not undergoing
                                                 *      *     *       *      *                           depleting the stored energy source. The               active testing, batteries shall be stored at 20
                                                 2. Definitions                                          output frequency of a VI UPS is dependent             °C ± 5 °C.
                                                                                                         on the input frequency, similar to a voltage
                                                 *      *     *       *      *                                                                                 3.1.4. Verifying the UUT’s Input Voltage and
                                                                                                         and frequency dependent system.
                                                   2.12. Energy storage system is a system                                                                     Input Frequency
                                                                                                            Note to 2.27.3: VI input dependency may
                                                 consisting of single or multiple devices                be verified by performing the steady state               (a) If the UUT is intended for operation on
                                                 designed to provide power to the UPS                                                                          AC line-voltage input in the United States, it
                                                                                                         input voltage tolerance test in section 6.4.1.1
                                                 inverter circuitry.                                                                                           shall be tested at 115 V at 60 Hz. If the UUT
                                                                                                         of IEC 62040–3 Ed. 2.0 (incorporated by
                                                 *      *     *       *      *                           reference, see § 430.3) and ensuring that the         is intended for operation on AC line-voltage
                                                   2.19. Normal mode is a mode of operation              UPS remains in normal mode with the output            input but cannot be operated at 115 V at 60
                                                 for a UPS in which:                                     voltage within the specified output range             Hz, it shall not be tested.
                                                                                                                                                                  (b) If a charger is powered by a low-voltage
                                                   (1) The AC input supply is within required            when the input voltage is varied by ±10% of
                                                 tolerances and supplies the UPS,                                                                              DC or AC input, and the manufacturer
                                                                                                         the rated input voltage.
                                                   (2) The energy storage system is being                                                                      packages the charger with a wall adapter,
                                                 maintained at full charge or is under                   *       *     *      *       *                        sells, or recommends an optional wall
                                                 recharge, and                                           3. Testing Requirements for all Battery               adapter capable of providing that low voltage
                                                   (3) The load connected to the UPS is                  Chargers Other Than Uninterruptible Power             input, then the charger shall be tested using
                                                 within the UPS’s specified power rating.                                                                      that wall adapter and the input reference
                                                                                                         Supplies
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                                                                                                                                                               source shall be 115 V at 60 Hz. If the wall
                                                 *      *     *       *      *                           3.1. Standard Test Conditions                         adapter cannot be operated with AC input
                                                   2.24. Reference test load is a load or a                                                                    voltage at 115 V at 60 Hz, the charger shall
                                                 condition with a power factor of greater than           3.1.1   General                                       not be tested.
                                                 0.99 in which the AC output socket of the                 The values that may be measured or                     (c) If the UUT is designed for operation
                                                 UPS delivers the active power (W) for which             calculated during the conduct of this test            only on DC input voltage and the provisions
                                                 the UPS is rated.                                       procedure have been summarized for easy               of section 3.1.4(b) of this appendix do not
                                                 *      *     *       *      *                           reference in Table 3.1.1. of this appendix.           apply, it shall be tested with one of the



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                                                 89824               Federal Register / Vol. 81, No. 238 / Monday, December 12, 2016 / Rules and Regulations

                                                 following input voltages: 5.0 V DC for                                  equalization charge, removing memory, or              from any that are suitable for use with the
                                                 products drawing power from a computer                                  battery conditioning, these modes are not             charger, according to the procedure in
                                                 USB port or the midpoint of the rated input                             required to be tested. The settings of the            section 3.2.3(b) of this appendix.
                                                 voltage range for all other products. The                               controls shall be listed in the report for each          (b)(1) From the detachable batteries
                                                 input voltage shall be within ±1 percent of                             test.                                                 specified above, use Table 3.2.1 of this
                                                 the above specified voltage.                                                                                                  appendix to select the batteries to be used for
                                                    (d) If the input voltage is AC, the input                            3.2.2. Selection and Treatment of the Battery
                                                                                                                         Charger                                               testing, depending on the type of battery
                                                 frequency shall be within ±1 percent of the                                                                                   charger being tested. The battery charger
                                                 specified frequency. The THD of the input                                  The UUT, including the battery charger             types represented by the rows in the table are
                                                 voltage shall be ≤2 percent, up to and                                  and its associated battery, shall be new              mutually exclusive. Find the single
                                                 including the 13th harmonic. The crest factor                           products of the type and condition that               applicable row for the UUT, and test
                                                 of the input voltage shall be between 1.34                              would be sold to a customer. If the battery           according to those requirements. Select only
                                                 and 1.49.                                                               is lead-acid chemistry and the battery is to          the single battery configuration specified for
                                                    (e) If the input voltage is DC, the AC ripple                        be stored for more than 24 hours between its
                                                 voltage (RMS) shall be:                                                                                                       the battery charger type in Table 3.2.1 of this
                                                                                                                         initial acquisition and testing, the battery          appendix.
                                                    (1) ≤0.2 V for DC voltages up to 10 V; or                            shall be charged before such storage.
                                                    (2) ≤2 percent of the DC voltage for DC                                                                                       (2) If the battery selection criteria specified
                                                 voltages over 10 V.                                                     3.2.3. Selection of Batteries To Use for              in Table 3.2.1 of this appendix results in two
                                                                                                                         Testing                                               or more batteries or configurations of
                                                 3.2. Unit Under Test Setup Requirements                                                                                       batteries of different chemistries, but with
                                                                                                                            (a) For chargers with integral batteries, the
                                                 3.2.1. General Setup                                                    battery packaged with the charger shall be            equal voltage and capacity ratings, determine
                                                                                                                         used for testing. For chargers with detachable        the maintenance mode power, as specified in
                                                    (a) The battery charger system shall be
                                                                                                                         batteries, the battery or batteries to be used        section 3.3.9 of this appendix, for each of the
                                                 prepared and set up in accordance with the
                                                                                                                         for testing will vary depending on whether            batteries or configurations of batteries, and
                                                 manufacturer’s instructions, except where
                                                                                                                         there are any batteries packaged with the             select for testing the battery or configuration
                                                 those instructions conflict with the
                                                 requirements of this test procedure. If no                              battery charger.                                      of batteries with the highest maintenance
                                                 instructions are given, then factory or                                    (1) If batteries are packaged with the             mode power.
                                                 ‘‘default’’ settings shall be used, or where                            charger, batteries for testing shall be selected         (c) A charger is considered as:
                                                 there are no indications of such settings, the                          from the batteries packaged with the battery             (1) Single-capacity if all associated
                                                 UUT shall be tested in the condition as it                              charger, according to the procedure in                batteries have the same nameplate battery
                                                 would be supplied to an end user.                                       section 3.2.3(b) of this appendix.                    charge capacity (see definition) and, if it is
                                                    (b) If the battery charger has user controls                            (2) If no batteries are packaged with the          a batch charger, all configurations of the
                                                 to select from two or more charge rates (such                           charger, but the instructions specify or              batteries have the same nameplate battery
                                                 as regular or fast charge) or different charge                          recommend batteries for use with the                  charge capacity.
                                                 currents, the test shall be conducted at the                            charger, batteries for testing shall be selected         (2) Multi-capacity if there are associated
                                                 fastest charge rate that is recommended by                              from those recommended or specified in the            batteries or configurations of batteries that
                                                 the manufacturer for everyday use, or, failing                          instructions, according to the procedure in           have different nameplate battery charge
                                                 any explicit recommendation, the factory-                               section 3.2.3(b) of this appendix.                    capacities.
                                                 default charge rate. If the charger has user                               (3) If no batteries are packaged with the             (d) The selected battery or batteries will be
                                                 controls for selecting special charge cycles                            charger and the instructions do not specify or        referred to as the ‘‘test battery’’ and will be
                                                 that are recommended only for occasional                                recommend batteries for use with the                  used through the remainder of this test
                                                 use to preserve battery health, such as                                 charger, batteries for testing shall be selected      procedure.

                                                                                                               TABLE 3.2.1—BATTERY SELECTION FOR TESTING
                                                                         Type of charger                                                                             Tests to perform

                                                                                                                                                                      Battery selection
                                                  Multi-voltage               Multi-port           Multi-capacity                                   (from all configurations of all associated batteries)

                                                 No ..................     No .................   No .................    Any associated battery.
                                                 No ..................     No .................   Yes ...............     Highest charge capacity battery.
                                                 No ..................     Yes ...............    Yes or No .....         Use all ports. Use the maximum number of identical batteries with the highest nameplate bat-
                                                                                                                            tery charge capacity that the charger can accommodate.
                                                 Yes ................      No .................   No .................    Highest voltage battery.

                                                 Yes ................      Yes to either or both                          Use all ports. Use the battery or configuration of batteries with the highest individual voltage. If
                                                                                                                            multiple batteries meet this criteria, then use the battery or configuration of batteries with the
                                                                                                                            highest total nameplate battery charge capacity at the highest individual voltage.



                                                 3.2.4. Limiting Other Non-Battery-Charger                                  (c) If the battery charger takes any               3.2.5. Accessing the Battery for the Test
                                                 Functions                                                               physically separate connectors or cables not             (a) The technician may need to
                                                   (a) If the battery charger or product                                 required for battery charging but associated          disassemble the end-use product or battery
                                                 containing the battery charger does not have                            with its other functionality (such as phone           charger to gain access to the battery terminals
                                                 any additional functions unrelated to battery                           lines, serial or USB connections, Ethernet,           for the Battery Discharge Energy Test in
                                                 charging, this subsection may be skipped.                               cable TV lines, etc.), these connectors or            section 3.3.8 of this appendix. If the battery
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                                                   (b) Any optional functions controlled by                              cables shall be left disconnected during the
                                                                                                                                                                               terminals are not clearly labeled, the
                                                 the user and not associated with the battery                            testing.
                                                                                                                                                                               technician shall use a voltmeter to identify
                                                 charging process (e.g., the answering                                      (d) Any manual on-off switches
                                                                                                                                                                               the positive and negative terminals. These
                                                 machine in a cordless telephone charging                                specifically associated with the battery
                                                                                                                                                                               terminals will be the ones that give the
                                                 base) shall be switched off. If it is not                               charging process shall be switched on for the
                                                                                                                                                                               largest voltage difference and are able to
                                                 possible to switch such functions off, they                             duration of the charge, maintenance, and no-
                                                                                                                                                                               deliver significant current (0.2 C or 1/hr) into
                                                 shall be set to their lowest power-consuming                            battery mode tests, and switched off for the
                                                 mode during the test.                                                   off mode test.                                        a load.



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                                                                   Federal Register / Vol. 81, No. 238 / Monday, December 12, 2016 / Rules and Regulations                                                                                      89825

                                                   (b) All conductors used for contacting the                    (f) If the technician, despite diligent effort                      (section 3.3.8 of this appendix). The test
                                                 battery must be cleaned and burnished prior                   and use of the manufacturer’s instructions,                           report shall include the discharge current
                                                 to connecting in order to decrease voltage                    encounters any of the following conditions                            used and the resulting discharge times for
                                                 drops and achieve consistent results.                         noted immediately below, the Battery                                  both a fully-charged battery and for the
                                                   (c) Manufacturer’s instructions for                         Discharge Energy and the Charging and                                 discharge test.
                                                 disassembly shall be followed, except those                   Maintenance Mode Energy shall be reported                                (b) For this section, the battery is
                                                 instructions that:                                            as ‘‘Not Applicable’’:
                                                                                                                                                                                     considered as ‘‘fully charged’’ when either: it
                                                   (1) Lead to any permanent alteration of the                   (1) Inability to access the battery terminals;
                                                                                                                 (2) Access to the battery terminals destroys                        has been charged by the UUT until an
                                                 battery charger circuitry or function;
                                                   (2) Could alter the energy consumption of                   charger functionality; or                                             indicator on the UUT shows that the charge
                                                 the battery charger compared to that                            (3) Inability to draw current from the test                         is complete; or it has been charged by a
                                                 experienced by a user during typical use, e.g.,               battery.                                                              battery analyzer at a current not greater than
                                                 due to changes in the airflow through the                                                                                           the discharge current until the battery
                                                 enclosure of the UUT; or                                      3.2.6. Determining Charge Capacity for                                analyzer indicates that the battery is fully
                                                   (3) Conflict requirements of this test                      Batteries With No Rating                                              charged.
                                                 procedure.                                                      (a) If there is no rating for the battery                              (c) When there is no capacity rating, a
                                                   (d) Care shall be taken by the technician                   charge capacity on the battery or in the                              suitable discharge current must generally be
                                                 during disassembly to follow appropriate                      instructions, then the technician shall                               determined by trial and error. Since the
                                                 safety precautions. If the functionality of the               determine a discharge current that meets the                          conditioning step does not require constant-
                                                 device or its safety features is compromised,                 following requirements. The battery shall be
                                                                                                                                                                                     current discharges, the trials themselves may
                                                 the product shall be discarded after testing.                 fully charged and then discharged at this
                                                                                                                                                                                     also be counted as part of battery
                                                   (e) Some products may include protective                    constant-current rate until it reaches the end-
                                                 circuitry between the battery cells and the                   of-discharge voltage specified in Table 3.3.2                         conditioning.
                                                 remainder of the device. If the manufacturer                  of this appendix. The discharge time must be                          3.3. Test Measurement
                                                 provides a description for accessing the                      not less than 4.5 hours nor more than 5
                                                 connections at the output of the protective                   hours. In addition, the discharge test (section                         The test sequence to measure the battery
                                                 circuitry, these connections shall be used to                 3.3.8 of this appendix) (which may not be                             charger energy consumption is summarized
                                                 discharge the battery and measure the                         starting with a fully-charged battery) shall                          in Table 3.3.1 of this appendix, and
                                                 discharge energy. The energy consumed by                      reach the end-of-discharge voltage within 5                           explained in detail in this appendix.
                                                 the protective circuitry during discharge                     hours. The same discharge current shall be                            Measurements shall be made under test
                                                 shall not be measured or credited as battery                  used for both the preparations step (section                          conditions and with the equipment specified
                                                 energy.                                                       3.3.4 of this appendix) and the discharge test                        in sections 3.1 and 3.2 of this appendix.

                                                                                                                      TABLE 3.3.1—TEST SEQUENCE
                                                                                                                                                                                             Equipment needed

                                                                                                                                                                                                   Battery                              Thermometer
                                                                                                                                                                                                  analyzer                               (for flooded
                                                                              Step/Description                                       Data taken?               Test                                   or             AC power              lead-acid
                                                                                                                                                                                Charger
                                                                                                                                                              battery                             constant-           meter                  battery
                                                                                                                                                                                                   current                                 chargers
                                                                                                                                                                                                    load                                      only)

                                                 1. Record general data on UUT; Section 3.3.1 .........................             Yes ................           X                  X           ................   ................   ......................
                                                 2. Determine test duration; Section 3.3.2 ..................................       No ..................   ................   ................   ................   ................   ......................
                                                 3. Battery conditioning; Section 3.3.3 ........................................    No ..................          X                  X                  X           ................   ......................
                                                 4. Prepare battery for charge test; Section 3.3.4 ......................           No ..................          X                  X           ................   ................   ......................
                                                 5. Battery rest period; Section 3.3.5 ..........................................   No ..................          X           ................   ................   ................             X
                                                 6.  Conduct Charge Mode and Battery Maintenance Mode                               Yes ................           X                  X           ................          X           ......................
                                                   Test; Section 3.3.6.
                                                 7. Battery Rest Period; Section 3.3.7 ........................................     No ..................          X           ................   ................   ................             X
                                                 8. Battery Discharge Energy Test; Section 3.3.8 ......................             Yes ................           X           ................          X           ................   ......................
                                                 9. Determining the Maintenance Mode Power; Section 3.3.9 ...                       Yes ................           X                  X           ................          X           ......................
                                                 10. Calculating the 24-Hour Energy Consumption; Section                            No ..................   ................   ................   ................   ................   ......................
                                                   3.3.10.
                                                 11. Standby Mode Test; Section 3.3.11 ....................................         Yes ................    ................         X            ................         X            ......................
                                                 12. Off Mode Test; Section 3.3.12 .............................................    Yes ................    ................         X            ................         X            ......................



                                                 3.3.1. Recording General Data on the UUT                        (g) The settings of the controls, if battery                        terminated at 24 hours. Conversely, if the
                                                                                                               charger has user controls to select from two                          full-charge indication is not yet present after
                                                   The technician shall record:
                                                                                                               or more charge rates.                                                 19 hours of charging, the test shall continue
                                                   (a) The manufacturer and model of the
                                                                                                               3.3.2. Determining the Duration of the Charge                         until 5 hours after the indication is present.
                                                 battery charger;
                                                                                                               and Maintenance Mode Test                                               (2) If there is no indicator, but the
                                                   (b) The presence and status of any
                                                                                                                                                                                     manufacturer’s instructions indicate that
                                                 additional functions unrelated to battery                        (a) The charging and maintenance mode
                                                                                                                                                                                     charging this battery or this capacity of
                                                 charging;                                                     test, described in detail in section 3.3.6 of
                                                                                                                                                                                     battery should be complete within 19 hours,
                                                   (c) The manufacturer, model, and number                     this appendix, shall be 24 hours in length or
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                                                                                                               longer, as determined by the items below.                             the test shall be for 24 hours. If the
                                                 of batteries in the test battery;                                                                                                   instructions indicate that charging may take
                                                   (d) The nameplate battery voltage of the                    Proceed in order until a test duration is
                                                                                                               determined.                                                           longer than 19 hours, the test shall be run for
                                                 test battery;                                                                                                                       the longest estimated charge time plus 5
                                                                                                                  (1) If the battery charger has an indicator
                                                   (e) The nameplate battery charge capacity                   to show that the battery is fully charged, that                       hours.
                                                 of the test battery; and                                      indicator shall be used as follows: If the                              (3) If there is no indicator and no time
                                                   (f) The nameplate battery charge energy of                  indicator shows that the battery is charged                           estimate in the instructions, but the charging
                                                 the test battery.                                             after 19 hours of charging, the test shall be                         current is stated on the charger or in the



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                                                 89826            Federal Register / Vol. 81, No. 238 / Monday, December 12, 2016 / Rules and Regulations

                                                 instructions, calculate the test duration as the
                                                 longer of 24 hours or:




                                                   (b) If none of the above applies, the                 the maintenance mode of the UUT. Functions            °C before charging, even if the rest period
                                                 duration of the test shall be 24 hours.                 required for battery conditioning that happen         must be extended beyond 4 hours.
                                                                                                         only with some user-selected switch or other
                                                 3.3.3. Battery Conditioning                                                                                   3.3.8. Battery Discharge Energy Test
                                                                                                         control shall not be included in this
                                                    (a) No conditioning is to be done on                 measurement. (The technician shall                       (a) If multiple batteries were charged
                                                 lithium-ion batteries. The test technician              manually turn off any battery conditioning            simultaneously, the discharge energy is the
                                                 shall proceed directly to battery preparation,          cycle or setting.) Regularly occurring battery        sum of the discharge energies of all the
                                                 section 3.3.4 of this appendix, when testing            conditioning or maintenance functions that            batteries.
                                                 chargers for these batteries.                           are not controlled by the user will, by                  (1) For a multi-port charger, batteries that
                                                    (b) Products with integral batteries will            default, be incorporated into this                    were charged in separate ports shall be
                                                 have to be disassembled per the instructions            measurement.                                          discharged independently.
                                                 in section 3.2.5 of this appendix, and the                 (b) During the measurement period, input              (2) For a batch charger, batteries that were
                                                 battery disconnected from the charger for               power values to the UUT shall be recorded             charged as a group may be discharged
                                                 discharging.                                            at least once every minute.                           individually, as a group, or in sub-groups
                                                    (c) Batteries of other chemistries that have            (1) If possible, the technician shall set the      connected in series and/or parallel. The
                                                 not been previously cycled are to be                    data logging system to record the average             position of each battery with respect to the
                                                 conditioned by performing two charges and               power during the sample interval. The total           other batteries need not be maintained.
                                                 two discharges, followed by a charge, as                energy is computed as the sum of power                   (b) During discharge, the battery voltage
                                                 below. No data need be recorded during                  samples (in watts) multiplied by the sample           and discharge current shall be sampled and
                                                 battery conditioning.                                   interval (in hours).                                  recorded at least once per minute. The values
                                                    (1) The test battery shall be fully charged             (2) If this setting is not possible, then the      recorded may be average or instantaneous
                                                 for the duration specified in section 3.3.2 of          power analyzer shall be set to integrate or           values.
                                                 this appendix or longer using the UUT.                  accumulate the input power over the                      (c) For this test, the technician shall follow
                                                    (2) The test battery shall then be fully             measurement period and this result shall be           these steps:
                                                 discharged using either:                                used as the total energy.                                (1) Ensure that the test battery has been
                                                    (i) A battery analyzer at a rate not to exceed          (c) The technician shall follow these steps:       charged by the UUT and rested according to
                                                 1 C, until its average cell voltage under load             (1) Ensure that the user-controllable device       the procedures above.
                                                 reaches the end-of-discharge voltage                    functionality not associated with battery                (2) Set the battery analyzer for a constant
                                                 specified in Table 3.3.2 of this appendix for           charging and any battery conditioning cycle           discharge rate and the end-of-discharge
                                                 the relevant battery chemistry; or                      or setting are turned off, as instructed in           voltage in Table 3.3.2 of this appendix for the
                                                    (ii) The UUT, until the UUT ceases                   section 3.2.4 of this appendix;                       relevant battery chemistry.
                                                                                                            (2) Ensure that the test battery used in this         (3) Connect the test battery to the analyzer
                                                 operation due to low battery voltage.
                                                                                                                                                               and begin recording the voltage, current, and
                                                    (3) The test battery shall again be fully            test has been conditioned, prepared,
                                                                                                                                                               wattage, if available from the battery
                                                 charged as in step (c)(1) of this section.              discharged, and rested as described in
                                                                                                                                                               analyzer. When the end-of-discharge voltage
                                                    (4) The test battery shall again be fully            sections 3.3.3 through 3.3.5 of this appendix;
                                                                                                                                                               is reached or the UUT circuitry terminates
                                                 discharged as per step (c)(2) of this section.             (3) Connect the data logging equipment to
                                                                                                                                                               the discharge, the test battery shall be
                                                    (5) The test battery shall be again fully            the battery charger;
                                                                                                                                                               returned to an open-circuit condition. If
                                                 charged as in step (c)(1) of this section.                 (4) Record the start time of the
                                                                                                                                                               current continues to be drawn from the test
                                                    (d) Batteries of chemistries, other than             measurement period, and begin logging the
                                                                                                                                                               battery after the end-of-discharge condition is
                                                 lithium-ion, that are known to have been                input power;
                                                                                                                                                               first reached, this additional energy is not to
                                                 through at least two previous full charge/                 (5) Connect the test battery to the battery        be counted in the battery discharge energy.
                                                 discharge cycles shall only be charged once             charger within 3 minutes of beginning                    (d) If not available from the battery
                                                 per step (c)(5), of this section.                       logging. For integral battery products,               analyzer, the battery discharge energy (in
                                                                                                         connect the product to a cradle or wall               watt-hours) is calculated by multiplying the
                                                 3.3.4. Preparing the Battery for Charge                 adapter within 3 minutes of beginning
                                                 Testing                                                                                                       voltage (in volts), current (in amperes), and
                                                                                                         logging;                                              sample period (in hours) for each sample,
                                                   Following any conditioning prior to                      (6) After the test battery is connected,           and then summing over all sample periods
                                                 beginning the battery charge test (section              record the initial time and power (W) of the          until the end-of-discharge voltage is reached.
                                                 3.3.6 of this appendix), the test battery shall         input current to the UUT. These
                                                 be fully discharged for the duration specified          measurements shall be taken within the first          3.3.9. Determining the Maintenance Mode
                                                 in section 3.3.2 of this appendix, or longer            10 minutes of active charging;                        Power
                                                 using a battery analyzer.                                  (7) Record the input power for the duration          After the measurement period is complete,
                                                                                                         of the ‘‘Charging and Maintenance Mode                the technician shall determine the average
                                                 3.3.5. Resting the Battery                              Test’’ period, as determined by section 3.3.2         maintenance mode power consumption by
                                                   The test battery shall be rested between              of this appendix. The actual time that power          examining the power-versus-time data from
                                                 preparation and the battery charge test. The            is connected to the UUT shall be within ±5            the charge and maintenance test and:
                                                 rest period shall be at least one hour and not          minutes of the specified period; and                    (a) If the maintenance mode power is
                                                 exceed 24 hours. For batteries with flooded                (8) Disconnect power to the UUT,                   cyclic or shows periodic pulses, compute the
                                                 cells, the electrolyte temperature shall be less        terminate data logging, and record the final          average power over a time period that spans
                                                 than 30 °C before charging, even if the rest            time.                                                 a whole number of cycles and includes at
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                                                 period must be extended longer than 24                                                                        least the last 4 hours.
                                                                                                         3.3.7. Resting the Battery
                                                 hours.                                                                                                          (b) Otherwise, calculate the average power
                                                                                                           The test battery shall be rested between            value over the last 4 hours.
                                                 3.3.6. Testing Charge Mode and Battery                  charging and discharging. The rest period
                                                 Maintenance Mode                                        shall be at least 1 hour and not more than            3.3.10. Determining the 24-Hour Energy
                                                   (a) The Charge and Battery Maintenance                4 hours, with an exception for flooded cells.         Consumption
                                                 Mode test measures the energy consumed                  For batteries with flooded cells, the                   The accumulated energy or the average
                                                                                                                                                                                                                   ER12DE16.027</GPH>




                                                 during charge mode and some time spent in               electrolyte temperature shall be less than 30         input power, integrated over the test period



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                                                                       Federal Register / Vol. 81, No. 238 / Monday, December 12, 2016 / Rules and Regulations                                                                                    89827

                                                 from the charge and maintenance mode test,                                  shall be used to calculate 24-hour energy
                                                                                                                             consumption.

                                                                    TABLE 3.3.2—REQUIRED BATTERY DISCHARGE RATES AND END-OF-DISCHARGE BATTERY VOLTAGES
                                                                                                                                                                                                                                       End-of-discharge
                                                                                                                                                                                                                Discharge rate
                                                                                                                 Battery chemistry                                                                                                         voltage *
                                                                                                                                                                                                                     (C)                (volts per cell)

                                                 Valve-Regulated Lead Acid (VRLA) ........................................................................................................                                      0.2                    1.75
                                                 Flooded Lead Acid ...................................................................................................................................                          0.2                    1.70
                                                 Nickel Cadmium (NiCd) ...........................................................................................................................                              0.2                     1.0
                                                 Nickel Metal Hydride (NiMH) ...................................................................................................................                                0.2                     1.0
                                                 Lithium Ion (Li-Ion) ...................................................................................................................................                       0.2                     2.5
                                                 Lithium Polymer .......................................................................................................................................                        0.2                     2.5
                                                 Rechargeable Alkaline .............................................................................................................................                            0.2                     0.9
                                                 Nanophosphate Lithium Ion .....................................................................................................................                                0.2                     2.0
                                                 Silver Zinc ................................................................................................................................................                   0.2                     1.2
                                                   * If the presence of protective circuitry prevents the battery cells from being discharged to the end-of-discharge voltage specified, then dis-
                                                 charge battery cells to the lowest possible voltage permitted by the protective circuitry.


                                                 3.3.11. Standby Mode Energy Consumption                                     power consumption will equal that of the AC                                 of the end-use product, which contains the
                                                 Measurement                                                                 power cord (i.e., zero watts).                                              batteries. The other enclosures of the battery
                                                    The standby mode measurement depends                                       (d) Finally, if the product contains                                      charging system will remain connected to the
                                                 on the configuration of the battery charger, as                             integrated power conversion and charging                                    main electricity supply, and off mode power
                                                                                                                             circuitry but is powered through a non-                                     consumption will equal that of the cradle
                                                 follows.
                                                                                                                             detachable AC power cord or plug blades,                                    and/or adapter alone.
                                                    (a) Conduct a measurement of standby
                                                                                                                             then no part of the system will remain                                        (c) If the product is powered through a
                                                 power consumption while the battery charger
                                                                                                                             connected to mains, and standby mode                                        detachable AC power cord and contains
                                                 is connected to the power source. Disconnect                                measurement is not applicable.
                                                 the battery from the charger, allow the                                                                                                                 integrated power conversion and charging
                                                 charger to operate for at least 30 minutes, and                             3.3.12. Off Mode Energy Consumption                                         circuitry, then only the cord will remain
                                                 record the power (i.e., watts) consumed as                                  Measurement                                                                 connected to mains, and off mode power
                                                 the time series integral of the power                                          The off mode measurement depends on the                                  consumption will equal that of the AC power
                                                 consumed over a 10-minute test period,                                      configuration of the battery charger, as                                    cord (i.e., zero watts).
                                                 divided by the period of measurement. If the                                follows.                                                                      (d) Finally, if the product contains
                                                 battery charger has manual on-off switches,                                    (a) If the battery charger has manual on-off                             integrated power conversion and charging
                                                 all must be turned on for the duration of the                               switches, record a measurement of off mode                                  circuitry but is powered through a non-
                                                 standby mode test.                                                          energy consumption while the battery                                        detachable AC power cord or plug blades,
                                                    (b) Standby mode may also apply to                                       charger is connected to the power source.                                   then no part of the system will remain
                                                 products with integral batteries. If the                                    Remove the battery from the charger, allow                                  connected to mains, and off mode
                                                 product uses a cradle and/or adapter for                                    the charger to operate for at least 30 minutes,                             measurement is not applicable.
                                                 power conversion and charging, then                                         and record the power (i.e., watts) consumed                                 3.3.13. Unit Energy Consumption Calculation
                                                 ‘‘disconnecting the battery from the charger’’                              as the time series integral of the power
                                                 will require disconnection of the end-use                                   consumed over a 10-minute test period,                                         Unit energy consumption (UEC) shall be
                                                 product, which contains the batteries. The                                  divided by the period of measurement, with                                  calculated for a battery charger using one of
                                                 other enclosures of the battery charging                                    all manual on-off switches turned off. If the                               the two equations (equation (i) or equation
                                                 system will remain connected to the main                                    battery charger does not have manual on-off                                 (ii)) listed in this section. If a battery charger
                                                 electricity supply, and standby mode power                                  switches, record that the off mode                                          is tested and its charge duration as
                                                 consumption will equal that of the cradle                                   measurement is not applicable to this                                       determined in section 3.3.2 of this appendix
                                                 and/or adapter alone.                                                       product.                                                                    minus 5 hours is greater than the threshold
                                                    (c) If the product is powered through a                                     (b) Off mode may also apply to products                                  charge time listed in table 3.3.3 of this
                                                 detachable AC power cord and contains                                       with integral batteries. If the product uses a                              appendix (i.e. (tcd ¥ 5) * n > ta&m), equation
                                                 integrated power conversion and charging                                    cradle and/or adapter for power conversion                                  (ii) shall be used to calculate UEC; otherwise
                                                 circuitry, then only the cord will remain                                   and charging, then ‘‘disconnecting the battery                              a battery charger’s UEC shall be calculated
                                                 connected to mains, and standby mode                                        from the charger’’ will require disconnection                               using equation (i).
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                                                 Where:                                                                      Ebatt = Measured battery energy as                                          Pm = Maintenance mode power as
                                                 E24 = 24-hour energy as determined in                                             determined in section 3.3.8 of this                                        determined in section 3.3.9 of this
                                                      section 3.3.10 of this appendix,                                             appendix,                                                                  appendix,
                                                                                                                                                                                                         Psb = Standby mode power as determined in
                                                                                                                                                                                                                                                              ER12DE16.020</GPH>




                                                                                                                                                                                                              section 3.3.11 of this appendix,



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                                                 89828              Federal Register / Vol. 81, No. 238 / Monday, December 12, 2016 / Rules and Regulations

                                                 Poff = Off mode power as determined in                        tcd = Charge test duration as determined in                  ta&m, n, tsb, and toff, are constants used
                                                      section 3.3.12 of this appendix,                              section 3.3.2 of this appendix, and                         depending upon a device’s product class
                                                                                                                                                                                and found in the following table:

                                                                                                      TABLE 3.3.3—BATTERY CHARGER USAGE PROFILES
                                                                                          Product class                                                            Hours per day ***               Charges     Threshold
                                                                                                                                                                                                     (n)      charge time *
                                                                                                                                 Special
                                                                                                    Rated battery                                         Active +
                                                  Num-                                                                        characteristic                             Standby         Off
                                                                       Description                     energy                                            maintenance                               Number
                                                   ber                                                                          or battery                                 (tsb)        (toff)                   Hours
                                                                                                      (ebatt) **                                            (ta&m)                                 per day
                                                                                                                                 voltage

                                                 1 ........   Low-Energy ......................   ≤5 Wh ................   Inductive Con-                        20.66        0.10          0.00       0.15         137.73
                                                                                                                             nection ****.
                                                 2 ........   Low-Energy, Low-Voltage             <100 Wh ............     <4 V ...................               7.82        5.29         0.00        0.54          14.48
                                                 3 ........   Low-Energy, Medium-                                          4–10 V ...............                 6.42        0.30         0.00        0.10          64.20
                                                                Voltage.
                                                 4 ........   Low-Energy, High-Voltage                                     >10 V .................               16.84        0.91         0.00        0.50          33.68
                                                 5 ........   Medium-Energy, Low-                 100–3000 Wh ....         <20 V .................                6.52        1.16         0.00        0.11          59.27
                                                                Voltage.
                                                 6 ........   Medium-Energy, High-                                         ≥20 V .................               17.15        6.85          0.00       0.34          50.44
                                                                Voltage.
                                                 7 ........   High-Energy .....................   >3000 Wh ..........          .......................            8.14        7.30          0.00       0.32          25.44
                                                   * If the duration of the charge test (minus 5 hours) as determined in section 3.3.2 of appendix Y to subpart B of this part exceeds the threshold
                                                 charge time, use equation (ii) to calculate UEC otherwise use equation (i).
                                                   ** Ebatt = Rated battery energy as determined in 10 CFR part 429.39(a).
                                                   *** If the total time does not sum to 24 hours per day, the remaining time is allocated to unplugged time, which means there is 0 power con-
                                                 sumption and no changes to the UEC calculation needed.
                                                   **** Inductive connection and designed for use in a wet environment (e.g. electric toothbrushes).


                                                 4. Testing Requirements for                                   Test the UUT on a thermally non-                               (2) If the UUT does not have a battery
                                                 Uninterruptible Power Supplies                                conductive surface.                                          charge indicator but the user manual
                                                 4.1. Standard Test Conditions                                 4.1.3. Input Voltage and Input                               shipped with the UUT specifies a time
                                                                                                               Frequency                                                    to reach full charge, charge the battery
                                                 4.1.1. Measuring Equipment                                                                                                 for 5 hours longer than the time
                                                                                                                 The AC input voltage and frequency                         specified.
                                                   (a) The power or energy meter must                          to the UPS during testing must be
                                                 provide true root mean square (r. m. s)                       within 3 percent of the highest rated                          (3) If the UUT does not have a battery
                                                 measurements of the active input and                          voltage and within 1 percent of the                          charge indicator or user manual
                                                 output measurements, with an                                  highest rated frequency of the device.                       instructions, charge the battery for 24
                                                 uncertainty at full rated load of less than                                                                                hours.
                                                 or equal to 0.5% at the 95% confidence                        4.2. Unit Under Test Setup
                                                                                                               Requirements                                                   (c) DC output port(s). All DC output
                                                 level notwithstanding that voltage and
                                                                                                                                                                            port(s) of the UUT must remain
                                                 current waveforms can include                                 4.2.1. General Setup                                         unloaded during testing.
                                                 harmonic components. The meter must
                                                 measure input and output values                                  Configure the UPS according to
                                                                                                                                                                            4.2.2. Additional Features
                                                 simultaneously.                                               Annex J.2 of IEC 62040–3 Ed. 2.0
                                                                                                               (incorporated by reference, see § 430.3)                        (a) Any feature unrelated to
                                                   (b) All measurement equipment used                          with the following additional
                                                 to conduct the tests must be calibrated                                                                                    maintaining the energy storage system at
                                                                                                               requirements:                                                full charge or delivery of load power
                                                 within the measurement equipment                                 (a) UPS Operating Mode Conditions. If
                                                 manufacturer specified calibration                                                                                         (e.g., LCD display) shall be switched off.
                                                                                                               the UPS can operate in two or more
                                                 period by a standard traceable to                                                                                          If it is not possible to switch such
                                                                                                               distinct normal modes as more than one
                                                 International System of Units such that                                                                                    features off, they shall be set to their
                                                                                                               UPS architecture, conduct the test in its
                                                 measurements meet the uncertainty                             lowest input dependency as well as in                        lowest power-consuming mode during
                                                 requirements specified in section                             its highest input dependency mode                            the test.
                                                 4.1.1(a) of this appendix.                                    where VFD represents the lowest                                 (b) If the UPS takes any physically
                                                 4.1.2. Test Room Requirements                                 possible input dependency, followed by                       separate connectors or cables not
                                                                                                               VI and then VFI.                                             required for maintaining the energy
                                                   All portions of the test must be                               (b) Energy Storage System. The UPS                        storage system at full charge or delivery
                                                 carried out in a room with an air speed                       must not be modified or adjusted to                          of load power but associated with other
                                                 immediately surrounding the UUT of                            disable energy storage charging features.                    features (such as serial or USB
                                                 ≤0.5 m/s in all directions. Maintain the                      Minimize the transfer of energy to and                       connections, Ethernet, etc.), these
                                                 ambient temperature in the range of 20.0                      from the energy storage system by
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                                                                                                                                                                            connectors or cables shall be left
                                                 °C to 30.0 °C, including all inaccuracies                     ensuring the energy storage system is                        disconnected during the test.
                                                 and uncertainties introduced by the                           fully charged (at the start of testing) as
                                                 temperature measurement equipment,                            follows:                                                        (c) Any manual on-off switches
                                                 throughout the test. No intentional                              (1) If the UUT has a battery charge                       specifically associated with maintaining
                                                 cooling of the UUT, such as by use of                         indicator, charge the battery for 5 hours                    the energy storage system at full charge
                                                 separately powered fans, air                                  after the UUT has indicated that it is                       or delivery of load power shall be
                                                 conditioners, or heat sinks, is permitted.                    fully charged.                                               switched on for the duration of the test.


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                                                                  Federal Register / Vol. 81, No. 238 / Monday, December 12, 2016 / Rules and Regulations                                         89829

                                                 4.3. Test Measurement and Calculation                                                                         the two efficiency calculations must be
                                                                                                                                                               less than 1 percent:
                                                    Efficiency can be calculated from                                                                            (a)(1) Simultaneously measure the
                                                 either average power or accumulated                                                                           UUT’s input and output power for at
                                                 energy.                                                 Where:                                                least 5 minutes, as specified in section
                                                                                                         Pavg = average power                                  4.3.1 of this appendix, and record the
                                                 4.3.1. Average Power Calculations
                                                                                                         Pi = power measured during individual                 average of each over the duration as
                                                   If efficiency calculation are to be                        measurement (i)                                  Pavg_in and Pavg_out, respectively. Or,
                                                                                                         n = total number of measurements
                                                 made using average power, calculate the                                                                         (2) Simultaneously measure the
                                                 average power consumption (Pavg) by                     4.3.2. Steady State                                   UUT’s input and output energy for at
                                                 sampling the power at a rate of at least                  Operate the UUT and the load for a                  least 5 minutes and record the
                                                 1 sample per second and computing the                   sufficient length of time to reach steady             accumulation of each over the duration
                                                 arithmetic mean of all samples over the                 state conditions. To determine if steady              as Ein and Eout, respectively.
                                                 time period specified for each test as                  state conditions have been attained,                    (b) Calculate the UUT’s efficiency,
                                                 follows:                                                perform the following steady state                    Eff1, using one of the following two
                                                                                                         check, in which the difference between                equations:




                                                 Where:                                                  Pavg_out is the average output power in watts
                                                 Eff is the UUT efficiency                               Pavg_in is the average input power in watts




                                                 Where:                                                  Ein in the accumulated input energy in watt-          this appendix to calculate another
                                                 Eff is the UUT efficiency                                    hours                                            efficiency value, Eff2.
                                                 Eout is the accumulated output energy in                  (c) Wait a minimum of 10 minutes.                      (e) Determine if the product is at
                                                      watt-hours                                           (d) Repeat the steps listed in                      steady state using the following
                                                                                                         paragraphs (a) and (b) of section 4.3.2 of            equation:




                                                   If the percentage difference of Eff1 and              4.3.3. Power Measurements and                         following order: 100 percent, 75




                                                                                                                                                                                                          ER12DE16.025</GPH>
                                                 Eff2 as described in the equation, is less              Efficiency Calculations                               percent, 50 percent, and 25 percent of
                                                 than 1 percent, the product is at steady                                                                      the rated output power.
                                                 state.                                                     Measure input and output power of                    (b) Perform the test at each of the
                                                                                                         the UUT according to Section J.3 of                   reference test loads by simultaneously
                                                   (f) If the percentage difference is                   Annex J of IEC 62040–3 Ed. 2.0                        measuring the UUT’s input and output
                                                                                                                                                                                                          ER12DE16.024</GPH>

                                                 greater than or equal to 1 percent, the                 (incorporated by reference, see § 430.3),             power in Watts (W), or input and output
                                                 product is not at steady state. Repeat the              or measure the input and output energy                energy in Watt-Hours (Wh) over a 15
                                                 steps listed in paragraphs (c) to (e) of                of the UUT for efficiency calculations                minute test period at a rate of at least
                                                 section 4.3.2 of this appendix until the                with the following exceptions:                        1 Hz. Calculate the efficiency for that
                                                 product is at steady state.
                                                                                                                                                                                                          ER12DE16.023</GPH>




                                                                                                            (a) Test the UUT at the following                  reference load using one of the
                                                                                                         reference test load conditions, in the                following two equations:
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                                                                                                                                                                                                          ER12DE16.022</GPH>
                                                                                                                                                                                                          ER12DE16.021</GPH>




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                                                 89830              Federal Register / Vol. 81, No. 238 / Monday, December 12, 2016 / Rules and Regulations

                                                 Where:                                                             Pavg_out n% = the average output power at                     Pavg_in n% = the average input power at
                                                 Effn% = the efficiency at reference test load                           reference load n%                                             reference load n%
                                                      n%




                                                 Where:                                                             4.3.4. UUT Classification                                     and VFI (sections 2.28.1 through 2.28.3
                                                 Effn% = the efficiency at reference test load                                                                                    of this appendix).
                                                      n%                                                              Optional Test for determination of
                                                                                                                    UPS architecture. Determine the UPS                           4.3.5. Output Efficiency Calculation
                                                 Eout n% = the accumulated output energy at
                                                      reference load n%                                             architecture by performing the tests                            (a) Use the load weightings from
                                                 Ein n% = the accumulated input energy at                           specified in the definitions of VI, VFD,                      Table 4.3.1 to determine the average
                                                      reference load n%                                                                                                           load adjusted efficiency as follows:




                                                 Where:                                                             tn% = the portion of time spent at reference                  Eff|n% = the measured efficiency at reference
                                                 Effavg = the average load adjusted efficiency                           test load n% as specified in Table 4.3.1                      test load n%

                                                                                                                         TABLE 4.3.1—LOAD WEIGHTINGS
                                                                                                                                                                            Portion of time spent at reference load
                                                            Rated output power                                      UPS architecture
                                                                   (W)                                                                                               25%             50%              75%             100%

                                                 P ≤ 1500 W .......................................   VFD ..................................................               0.2              0.2              0.3             0.3
                                                                                                      VI or VFI ...........................................                 0*              0.3              0.4             0.3
                                                 P > 1500 W .......................................   VFD, VI, or VFI ................................                      0*              0.3              0.4             0.3
                                                    * Measuring efficiency at loading points with 0 time weighting is not required.


                                                   (b) Round the calculated efficiency
                                                 value to one tenth of a percentage point.
                                                 [FR Doc. 2016–28972 Filed 12–9–16; 8:45 am]
                                                 BILLING CODE 6450–01–P
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                                                                                                                                                                                                                                   ER12DE16.029</GPH>
                                                                                                                                                                                                                                   ER12DE16.026</GPH>




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Document Created: 2018-02-14 09:05:39
Document Modified: 2018-02-14 09:05:39
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 January 11, 2017. The final rule changes will be mandatory for representations starting June 12, 2017. The incorporation by reference of certain publications listed in this rule is approved by the Director of the Federal Register on January 11, 2017.
ContactJeremy Dommu, U.S. Department of Energy, Office of Energy Efficiency and Renewable Energy, Building Technologies Office, EE-5B, 1000 Independence Avenue SW., Washington, DC 20585-0121. Telephone: (202) 586-9870. Email: [email protected]
FR Citation81 FR 89806 
RIN Number1904-AD68
CFR Citation10 CFR 429
10 CFR 430
CFR AssociatedAdministrative Practice and Procedure; Confidential Business Information; Energy Conservation; Household Appliances; Reporting and Recordkeeping Requirements; Imports; Incorporation by Reference; Intergovernmental Relations and Small Businesses

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