83_FR_11790 83 FR 11738 - Notice of Decision and Order Granting Individual Waivers to Apple Inc., Microsoft Corporation, Poin2 Lab and Hefei Bitland Information Technology Co., From the Department of Energy External Power Supplies Test Procedure

83 FR 11738 - Notice of Decision and Order Granting Individual Waivers to Apple Inc., Microsoft Corporation, Poin2 Lab and Hefei Bitland Information Technology Co., From the Department of Energy External Power Supplies Test Procedure

DEPARTMENT OF ENERGY

Federal Register Volume 83, Issue 52 (March 16, 2018)

Page Range11738-11740
FR Document2018-05364

This notice announces a Decision and Order granting Apple, Inc. (``Apple''), Microsoft Corporation (``Microsoft''), Poin2 Lab (``Poin2'') and Hefei Bitland Information Technology Co. Ltd. (``Bitland'') individual waivers from specified portions of the DOE test procedure for determining the energy efficiency of external power supplies. The petitioners are required to test and rate specifically identified external power supply basic models in accordance with the alternate test procedure described in the Decision and Order.

Federal Register, Volume 83 Issue 52 (Friday, March 16, 2018)
[Federal Register Volume 83, Number 52 (Friday, March 16, 2018)]
[Notices]
[Pages 11738-11740]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-05364]


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DEPARTMENT OF ENERGY

[Case Numbers EPS-001, EPS-002, EPS-003, and EPS-004]


Notice of Decision and Order Granting Individual Waivers to Apple 
Inc., Microsoft Corporation, Poin2 Lab and Hefei Bitland Information 
Technology Co., From the Department of Energy External Power Supplies 
Test Procedure

AGENCY: Office of Energy Efficiency and Renewable Energy, Department of 
Energy (DOE).

ACTION: Notice of decision and order.

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

SUMMARY: This notice announces a Decision and Order granting Apple, 
Inc. (``Apple''), Microsoft Corporation (``Microsoft''), Poin2 Lab 
(``Poin2'') and Hefei Bitland Information Technology Co. Ltd. 
(``Bitland'') individual waivers from specified portions of the DOE 
test procedure for determining the energy efficiency of external power 
supplies. The petitioners are required to test and rate specifically 
identified external power supply basic models in accordance with the 
alternate test procedure described in the Decision and Order.

DATES: The Decision and Order is applicable as of March 16, 2018.

FOR FURTHER INFORMATION CONTACT: Ms. Lucy deButts, U.S. Department of 
Energy, Office of Energy Efficiency and Renewable Energy, Building 
Technologies Office, EE-5B, 1000 Independence Avenue SW, Washington, DC 
20585-0121. Telephone: (202) 287-1604. Email: 
[email protected].
    Mr. Michael Kido, U.S. Department of Energy, Office of the General 
Counsel, Mail Stop GC-33, Forrestal Building, 1000 Independence Avenue 
SW, Washington, DC 20585-0103. Telephone: (202) 586-8145. Email: 
[email protected].

SUPPLEMENTARY INFORMATION: On June 8, 2017 and June 22, 2017, the 
Information Technology Industry Council (``ITI''), on behalf of four 
petitioners Apple, Microsoft, Poin2, and Bitland--filed individual 
petitions for waiver under 10 CFR 430.27 from the current DOE test 
procedure for EPSs for several basic models of adaptive EPSs. On July 
24, 2017, DOE published a notice announcing its receipt of the 
petitions for waiver, which also granted the petitioners interim 
waivers.
    In that notice, DOE also solicited comments from interested parties 
on all aspects of the petition and specified an alternate test 
procedure that must be followed for testing and certifying the specific 
basic models for which the petitioners requested a waiver. 82 FR 34294. 
On March 16, 2018, DOE publishes the notice announcing a Decision and 
Order granting a waiver to the petitioners.

    Issued in Washington, DC, on March 9, 2018.
Kathleen B. Hogan,
Deputy Assistant Secretary for Energy Efficiency, Energy Efficiency and 
Renewable Energy.

Case #EPS-001, EPS-002, EPS-003, EPS-004

Decision and Order

I. Background and Authority

    The Energy Policy and Conservation Act of 1975, as amended 
(``EPCA'' or ``the Act''),\1\ Public Law 94-163 (42 U.S.C. 6291-6317, 
as codified), among other things, authorizes DOE to regulate the energy 
efficiency of a number of consumer products and industrial equipment. 
Title III, Part B \2\ of EPCA established the Energy Conservation 
Program for Consumer Products Other Than Automobiles, a program that 
includes external power supplies (``EPSs''), which are the subject of 
this Order. (42 U.S.C. 6291(36); 42 U.S.C. 6295(u)) Under EPCA, DOE's 
energy conservation program consists essentially of four parts: (1) 
testing, (2) labeling, (3) Federal energy conservation standards, and 
(4) certification and enforcement procedures.
---------------------------------------------------------------------------

    \1\ All references to EPCA in this document refer to the statute 
as amended through the Energy Efficiency Improvement Act of 2015, 
Public Law 114-11 (April 30, 2015).
    \2\ For editorial reasons, upon codification in the U.S. Code, 
Part B was redesignated as Part A.
---------------------------------------------------------------------------

    The Federal testing requirements consist of test procedures that 
manufacturers of covered products must use as the basis for: (1) 
certifying to DOE that their products comply with the applicable energy 
conservation standards adopted pursuant to EPCA (42 U.S.C. 6295(s)), 
and (2) making representations about the efficiency of those products 
(42 U.S.C. 6293(c)). Similarly, DOE must use these test procedures to 
determine whether a product complies with relevant standards 
promulgated under EPCA. (42 U.S.C. 6295(s))
    Under 42 U.S.C. 6293, EPCA sets forth the criteria and procedures 
DOE is required to follow when prescribing or amending test procedures 
for covered products. EPCA requires that test procedures prescribed or 
amended under this section must be reasonably designed to produce test 
results which reflect the energy efficiency, energy use or estimated 
annual operating cost of covered products during a representative 
average use cycle or period of use and requires that test procedures 
not be unduly burdensome to conduct. (42 U.S.C. 6293(b)(3)) The test 
procedure for external power supplies is contained in the Code of 
Federal Regulations (``CFR'') at 10 CFR part 430, subpart B, appendix 
Z, ``Uniform Test Method for Measuring the Energy Consumption of 
External Power Supplies'' (``Appendix Z'').
    Under 10 CFR 430.27, any interested person may submit a petition 
for waiver from DOE's test procedure requirements. DOE will grant a 
waiver from the test procedure requirements if DOE determines either 
that the basic model for which the waiver was requested contains a 
design characteristic that prevents testing of the basic model 
according to the prescribed test procedures, or that the prescribed 
test procedures evaluate the basic model in a manner so 
unrepresentative of its true energy or water consumption 
characteristics as to provide materially inaccurate comparative data. 
10 CFR 430.27(f)(2). DOE may grant the waiver subject to conditions, 
including adherence to alternate test procedures. Id.

II. Petition for Waiver: Assertions and Determinations

    On June 8, 2017 and June 22, 2017, the Information Technology 
Industry Council (``ITI''), on behalf of four petitioners--Apple, 
Microsoft, Poin2, and Bitland--filed individual petitions for waiver 
under 10 CFR 430.27 from the current DOE test procedure for EPSs for 
several basic models of adaptive EPSs.\3\ The petitioners stated that 
the specified basic models meet the provisions of the International 
Electrotechincal Commission's ``Universal serial bus interfaces for 
data and power--Part 1-2: Common components--USB Power Delivery'' 
(``IEC 62680-1-2:2017'') specification.\4\ All four waiver petitions 
were nearly

[[Page 11739]]

identical in that they focused on each company's respective basic 
models of adaptive EPSs that utilize the IEC 62680-1-2:2017 
specification and provided the same rationale for why the waiver and 
the suggested alternative test method detailed in each petition is 
necessary.\5\ The IEC specification describes the particular 
architecture, protocols, power supply behavior, connectors, and cabling 
necessary for managing power delivery over a universal serial bus 
(``USB'') connection at power levels of up to 100 watts (``W''). The 
purpose behind this specification is to help provide a standardized 
approach for power supply and peripheral developers to ensure backward 
compatibility while retaining product design and marketing flexibility. 
See generally, IEC 62680-1-2:2017 (Abstract) (describing the standard's 
general provisions and purpose).
---------------------------------------------------------------------------

    \3\ The following are the basic models for which the petitioners 
seeks a waiver: Apple--A1718, A1719, A1540; Microsoft--AC-100; 
Poin2--A16-045N1A; Bitland--A045R053L.
    \4\ International Electrotechnical Commission Universal serial 
bus interfaces for data and power-- Part 1-2: Common components--USB 
Power Delivery specification, available at https://webstore.iec.ch/publication/26174/.
    \5\ The petitions are available at https://www.regulations.gov/docket?D=EERE-2017-BT-WAV-0043.
---------------------------------------------------------------------------

    In the view of the petitioners, applying the DOE test procedure to 
the adaptive EPS basic models identified in their individual petitions 
would yield results that would be unrepresentative of the active-mode 
efficiency of those products. The DOE test procedure requires that the 
average active-mode efficiency for adaptive EPSs \6\ be measured by 
testing the unit twice--once at the highest achievable output voltage 
(``V'') and once at the lowest. The test procedure requires that 
active-mode efficiency be measured at four loading conditions relative 
to the nameplate output current of the EPS. See generally 10 CFR 
430.23(bb) and Appendix Z. The lowest achievable output voltage 
supported by the IEC 62680-1-2:2017 specification is 5V and the 
nameplate current at this voltage output is 3 amps (''A''), resulting 
in a power output of 15W. The petitioners contend that while the IEC 
62680-1-2:2017 specification requires the tested EPS to support this 
power output, the 15W at 5V condition will be rarely used and only for 
brief periods of time. Accordingly, the petitioners assert that the DOE 
test procedure's measurement of efficiency at this power level is 
unrepresentative of the true energy consumption of these EPSs.
---------------------------------------------------------------------------

    \6\ An adaptive EPS is an EPS that can alter its output voltage 
during active-mode based on an established digital communication 
protocol with the end-use application without user-generated action. 
10 CFR 430.2.
---------------------------------------------------------------------------

    Consequently, the petitioners seek a waiver from DOE to permit them 
to use an alternative test procedure to measure the energy efficiency 
of the specified adaptive EPSs by testing these devices at the lowest 
voltage, 5V, at an output power of 10W instead of 15W.
    Under the current test procedure, when testing an adaptive EPS at 
the lowest achievable output voltage, the measured average active mode 
efficiency is equal to the average efficiency of the EPS tested at 
100%, 75%, 50%, and 25% of the nameplate output current of the EPS at 
that voltage. Appendix Z, sections 2.f and 4(a)(i)(E), and Table 1. 
Thus, for an adaptive EPS with a lowest output voltage of 5V and a 
nameplate output current of 3A (resulting in a 15W output at 100% of 
the nameplate output current), the average active mode efficiency at 
the lowest output voltage would be equal to the average of the 
efficiencies when testing at 15W, 11.25W, 7.5W, and 3.75W. The 
petitioners suggested that these requirements be modified for their 
products when calculating the average active mode efficiency--namely, 
by using the average of four loading conditions representing the same 
respective percentages of an output current of 2A. Doing so would mean 
that the average active mode efficiency would equal the average of the 
efficiencies when testing at 10W, 7.5W, 5W, and 2.5W. The petitioners 
suggested taking the results from this alternative approach and 
comparing them against the DOE efficiency requirements at 10W.
    The petitioners assert that the test procedure for the lowest 
voltage level does not reflect actual field usage of these products. 
The IEC 62680-1-2:2017 specification requires USB-compliant products to 
support 15W at 5V but, according to the petitioners, adaptive EPSs 
operating at 5V do not exceed 10W for almost all usage conditions. 
Petitioners state that when charging a product that supports the USB 
power delivery requirements and is sold or intended to be used with the 
EPS, the IEC 62680-1-2:2017-compliant EPS charges at 5V only with a 
dead battery or fully charged battery (and then at 0.5A or less). At 
other times when more power is needed, petitioners state that the EPS 
will use a higher voltage rail (greater than 5V). (A ``voltage rail'' 
refers to a single voltage provided by the relevant power supply unit 
through a dedicated circuit/wire used for that voltage.) The 
petitioners also state that the same holds true for other end-use 
products that support the USB power delivery requirements manufactured 
by each of the respective manufacturers. The petitioners provided data 
to demonstrate that when using an adaptive EPS that supports the IEC 
62680-1-2:2017 specification to charge an end-use product of a 
manufacturer different from the one who manufactured the EPS, it is 
likely that the product would charge at less than 10W at 5V, or may 
even be capable of exploiting the ability of an adaptive EPS to provide 
higher voltages for faster charging. The only occurrence where the 
adaptive EPS would be used at the full 15W at 5V is in the rare 
instance when used with an end-use product that does not support the 
USB power delivery requirements, but instead supports the ability to 
draw 3.0A at 5V. Accordingly, the petitioners assert that the current 
DOE test procedure, which requires that efficiency be measured above 
10W at the lowest voltage condition, results in a measurement that is 
grossly unrepresentative of the actual energy consumption 
characteristics of the adaptive EPS being tested.
    On July 24, 2017, DOE published a notice announcing its receipt of 
the petitions for waiver, which also granted the petitioners interim 
waivers, solicited comments from interested parties on all aspects of 
the petition and specified an alternate test procedure that must be 
followed for testing and certifying the specific basic models for which 
the petitioners requested a waiver. 82 FR 34294. DOE did not receive 
any comments on the notice of petitions for waiver.
    Based on the information provided by the petitioners, DOE has 
determined that the current test procedure at Appendix Z would evaluate 
the specified adaptive EPS basic models in a manner so unrepresentative 
of their true energy consumption characteristics as to provide 
materially inaccurate comparative data. This Decision and Order 
specifies that each petitioner test and rate these basic models in a 
manner identical to that which was provided in the interim waiver.
    Each petitioner sought a test procedure waiver for certain basic 
models. This Decision and Order applies only to the basic models listed 
within this document and does not extend to any other basic models.
    Consistent with 10 CFR 430.27(j), not later than 60 days after 
March 16, 2018 any manufacturer currently distributing in commerce in 
the United States a product employing a technology or characteristic 
that results in the same need for a waiver from the applicable test 
procedure must submit a petition for waiver.
    Manufacturers not currently distributing such a product in commerce 
in the United States must petition for and be granted a waiver prior to 
the distribution in commerce of that product in the United States.

[[Page 11740]]

Manufacturers may also submit a request for interim waiver pursuant to 
the requirements of 10 CFR 430.27.

III. Consultations With Other Agencies

    In accordance with 10 CFR 430.27(f)(2), DOE consulted with the 
Federal Trade Commission (``FTC'') staff concerning the petitioners' 
petition for waiver. The FTC staff did not have any objections to 
granting waivers to petitioners.

IV. Order

    After careful consideration of all the material that was submitted 
by and on behalf of Apple, Inc. (``Apple''), Microsoft Corporation 
(``Microsoft''), Poin2 Lab (``Poin2''), and Hefei Bitland Information 
Technology Co. Ltd. (``Bitland'') in this matter, DOE grants a waiver 
regarding the below specified basic models. Therefore, in accordance 
with 10 CFR 430.27, it is ORDERED that:
    (1) Apple, Microsoft, Poin2, and Bitland must test and rate the 
external power supply basic models listed in paragraphs (1)(A) through 
(1)(D) of this section in accordance with the alternate test procedure 
set forth in paragraph (2) of this section.
    (A) Apple must test and rate the EPSs of Apple brand basic models 
A1718, A1719, A1540 as set forth in paragraph (2) of this section.
    (B) Microsoft must test and rate the EPSs of Microsoft brand basic 
model AC-100 as set forth in paragraph (2) of this section.
    (C) Poin2 must test and rate the EPSs of Chicony brand basic model 
A16-045N1A as set forth in paragraph (2) of this section.
    (D) Bitland must test and rate the EPSs of Chicony brand basic 
model A045R053L as set forth in paragraph (2) of this section.
    (2) The alternate test procedure for the basic models listed in 
paragraphs (1)(A) through (1)(D) of this section is the test procedure 
for EPSs prescribed by DOE at 10 CFR part 430, subpart B, appendix Z, 
except that under section 4(a)(i)(E) and Table 1 of Appendix Z, the 
adaptive EPSs must be tested such that when testing at the lowest 
achievable output voltage (i.e., 5V), the Nameplate Output Current 
shall be 2A (which corresponds to an output power of 10W at the 100% 
loading condition). The 75%, 50%, and 25% loading conditions shall be 
scaled accordingly and the nameplate output power of such an EPS, at 
the lowest output voltage, shall be equal to 10W.
    (3) Representations. Apple, Microsoft, Poin2, and Bitland must make 
representations about the energy use of the adaptive external power 
supply basic models identified in paragraph (1) of this section for 
compliance, marketing, or other purposes only to the extent that such 
products have been tested in accordance with the provisions outlined 
above and such representations fairly disclose the results of such 
testing in accordance with 10 CFR part 430, subpart B, appendix Z and 
10 CFR 429.37.
    (4) These waivers shall remain in effect consistent with the 
provisions of 10 CFR 430.27.
    (5) These waivers are issued on the condition that the statements, 
representations, and documentation provided on behalf of and by the 
petitioners are valid. DOE may revoke or modify these waivers at any 
time if it determines the factual basis underlying the petitions for 
waiver is incorrect, or the results from the alternate test procedure 
are unrepresentative of the basic models' true energy consumption 
characteristics. 10 CFR 430.27(k)(1). Likewise, any of the petitioners 
may request that DOE rescind or modify the waiver if the petitioner 
discovers an error in the information provided to DOE as part of its 
petition, determines that the waiver is no longer needed, or for other 
appropriate reasons. 10 CFR 430.27(k)(2)
    (6) Granting of these waivers does not release Apple, Microsoft, 
Poin2, or Bitland from the certification requirements set forth at 10 
CFR part 429.

    Signed in Washington, DC, on March 9, 2018.

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Kathleen B. Hogan, Ph.D.

Deputy Assistant Secretary for Energy Efficiency, Energy Efficiency 
and Renewable Energy.

[FR Doc. 2018-05364 Filed 3-15-18; 8:45 am]
 BILLING CODE 6450-01-P



                                               11738                           Federal Register / Vol. 83, No. 52 / Friday, March 16, 2018 / Notices

                                                 Issued in Washington, DC, March 12, 2018.             announcing its receipt of the petitions               required to follow when prescribing or
                                               Thomas Reilly,                                          for waiver, which also granted the                    amending test procedures for covered
                                               Assistant General Counsel for International             petitioners interim waivers.                          products. EPCA requires that test
                                               and National Security Programs.                            In that notice, DOE also solicited                 procedures prescribed or amended
                                               [FR Doc. 2018–05361 Filed 3–15–18; 8:45 am]             comments from interested parties on all               under this section must be reasonably
                                               BILLING CODE 6450–01–P
                                                                                                       aspects of the petition and specified an              designed to produce test results which
                                                                                                       alternate test procedure that must be                 reflect the energy efficiency, energy use
                                                                                                       followed for testing and certifying the               or estimated annual operating cost of
                                               DEPARTMENT OF ENERGY                                    specific basic models for which the                   covered products during a
                                                                                                       petitioners requested a waiver. 82 FR                 representative average use cycle or
                                               [Case Numbers EPS–001, EPS–002, EPS–                    34294. On March 16, 2018, DOE
                                               003, and EPS–004]                                                                                             period of use and requires that test
                                                                                                       publishes the notice announcing a                     procedures not be unduly burdensome
                                               Notice of Decision and Order Granting                   Decision and Order granting a waiver to               to conduct. (42 U.S.C. 6293(b)(3)) The
                                               Individual Waivers to Apple Inc.,                       the petitioners.                                      test procedure for external power
                                               Microsoft Corporation, Poin2 Lab and                      Issued in Washington, DC, on March 9,               supplies is contained in the Code of
                                               Hefei Bitland Information Technology                    2018.                                                 Federal Regulations (‘‘CFR’’) at 10 CFR
                                               Co., From the Department of Energy                      Kathleen B. Hogan,                                    part 430, subpart B, appendix Z,
                                               External Power Supplies Test                            Deputy Assistant Secretary for Energy                 ‘‘Uniform Test Method for Measuring
                                               Procedure                                               Efficiency, Energy Efficiency and Renewable           the Energy Consumption of External
                                                                                                       Energy.                                               Power Supplies’’ (‘‘Appendix Z’’).
                                               AGENCY: Office of Energy Efficiency and                                                                          Under 10 CFR 430.27, any interested
                                               Renewable Energy, Department of                         Case #EPS–001, EPS–002, EPS–003,
                                                                                                                                                             person may submit a petition for waiver
                                               Energy (DOE).                                           EPS–004
                                                                                                                                                             from DOE’s test procedure
                                               ACTION: Notice of decision and order.                   Decision and Order                                    requirements. DOE will grant a waiver
                                                                                                       I. Background and Authority                           from the test procedure requirements if
                                               SUMMARY:    This notice announces a                                                                           DOE determines either that the basic
                                               Decision and Order granting Apple, Inc.                    The Energy Policy and Conservation
                                                                                                                                                             model for which the waiver was
                                               (‘‘Apple’’), Microsoft Corporation                      Act of 1975, as amended (‘‘EPCA’’ or
                                                                                                                                                             requested contains a design
                                               (‘‘Microsoft’’), Poin2 Lab (‘‘Poin2’’) and              ‘‘the Act’’),1 Public Law 94–163 (42
                                                                                                                                                             characteristic that prevents testing of the
                                               Hefei Bitland Information Technology                    U.S.C. 6291–6317, as codified), among
                                                                                                                                                             basic model according to the prescribed
                                               Co. Ltd. (‘‘Bitland’’) individual waivers               other things, authorizes DOE to regulate
                                                                                                                                                             test procedures, or that the prescribed
                                               from specified portions of the DOE test                 the energy efficiency of a number of
                                                                                                                                                             test procedures evaluate the basic model
                                               procedure for determining the energy                    consumer products and industrial
                                                                                                                                                             in a manner so unrepresentative of its
                                               efficiency of external power supplies.                  equipment. Title III, Part B 2 of EPCA
                                                                                                                                                             true energy or water consumption
                                               The petitioners are required to test and                established the Energy Conservation
                                                                                                       Program for Consumer Products Other                   characteristics as to provide materially
                                               rate specifically identified external                                                                         inaccurate comparative data. 10 CFR
                                               power supply basic models in                            Than Automobiles, a program that
                                                                                                       includes external power supplies                      430.27(f)(2). DOE may grant the waiver
                                               accordance with the alternate test                                                                            subject to conditions, including
                                               procedure described in the Decision and                 (‘‘EPSs’’), which are the subject of this
                                                                                                       Order. (42 U.S.C. 6291(36); 42 U.S.C.                 adherence to alternate test procedures.
                                               Order.                                                                                                        Id.
                                                                                                       6295(u)) Under EPCA, DOE’s energy
                                               DATES: The Decision and Order is
                                                                                                       conservation program consists                         II. Petition for Waiver: Assertions and
                                               applicable as of March 16, 2018.
                                                                                                       essentially of four parts: (1) testing, (2)           Determinations
                                               FOR FURTHER INFORMATION CONTACT: Ms.                    labeling, (3) Federal energy conservation
                                               Lucy deButts, U.S. Department of                                                                                 On June 8, 2017 and June 22, 2017,
                                                                                                       standards, and (4) certification and                  the Information Technology Industry
                                               Energy, Office of Energy Efficiency and                 enforcement procedures.
                                               Renewable Energy, Building                                                                                    Council (‘‘ITI’’), on behalf of four
                                                                                                          The Federal testing requirements
                                               Technologies Office, EE–5B, 1000                                                                              petitioners—Apple, Microsoft, Poin2,
                                                                                                       consist of test procedures that
                                               Independence Avenue SW, Washington,                                                                           and Bitland—filed individual petitions
                                                                                                       manufacturers of covered products must
                                               DC 20585–0121. Telephone: (202) 287–                                                                          for waiver under 10 CFR 430.27 from
                                                                                                       use as the basis for: (1) certifying to DOE
                                               1604. Email: AS_Waiver_Requests@                                                                              the current DOE test procedure for EPSs
                                                                                                       that their products comply with the
                                               ee.doe.gov.                                                                                                   for several basic models of adaptive
                                                                                                       applicable energy conservation
                                                  Mr. Michael Kido, U.S. Department of                                                                       EPSs.3 The petitioners stated that the
                                                                                                       standards adopted pursuant to EPCA (42
                                               Energy, Office of the General Counsel,                                                                        specified basic models meet the
                                                                                                       U.S.C. 6295(s)), and (2) making
                                               Mail Stop GC–33, Forrestal Building,                                                                          provisions of the International
                                                                                                       representations about the efficiency of
                                               1000 Independence Avenue SW,                                                                                  Electrotechincal Commission’s
                                                                                                       those products (42 U.S.C. 6293(c)).
                                               Washington, DC 20585–0103.                                                                                    ‘‘Universal serial bus interfaces for data
                                                                                                       Similarly, DOE must use these test
                                               Telephone: (202) 586–8145. Email:                                                                             and power—Part 1–2: Common
                                                                                                       procedures to determine whether a
                                               Michael.Kido@hq.doe.gov.                                                                                      components—USB Power Delivery’’
                                                                                                       product complies with relevant
                                                                                                                                                             (‘‘IEC 62680–1–2:2017’’) specification.4
                                               SUPPLEMENTARY INFORMATION: On June 8,                   standards promulgated under EPCA. (42
                                                                                                                                                             All four waiver petitions were nearly
                                               2017 and June 22, 2017, the Information                 U.S.C. 6295(s))
                                               Technology Industry Council (‘‘ITI’’), on                  Under 42 U.S.C. 6293, EPCA sets forth
daltland on DSKBBV9HB2PROD with NOTICES




                                                                                                                                                               3 The following are the basic models for which
                                               behalf of four petitioners Apple,                       the criteria and procedures DOE is                    the petitioners seeks a waiver: Apple—A1718,
                                               Microsoft, Poin2, and Bitland—filed                                                                           A1719, A1540; Microsoft—AC–100; Poin2—A16–
                                               individual petitions for waiver under 10                  1 All references to EPCA in this document refer     045N1A; Bitland—A045R053L.
                                               CFR 430.27 from the current DOE test                    to the statute as amended through the Energy            4 International Electrotechnical Commission
                                                                                                       Efficiency Improvement Act of 2015, Public Law        Universal serial bus interfaces for data and power—
                                               procedure for EPSs for several basic                    114–11 (April 30, 2015).                              Part 1–2: Common components—USB Power
                                               models of adaptive EPSs. On July 24,                      2 For editorial reasons, upon codification in the   Delivery specification, available at https://
                                               2017, DOE published a notice                            U.S. Code, Part B was redesignated as Part A.         webstore.iec.ch/publication/26174/.



                                          VerDate Sep<11>2014   21:54 Mar 15, 2018   Jkt 244001   PO 00000   Frm 00070   Fmt 4703   Sfmt 4703   E:\FR\FM\16MRN1.SGM   16MRN1


                                                                               Federal Register / Vol. 83, No. 52 / Friday, March 16, 2018 / Notices                                           11739

                                               identical in that they focused on each                  adaptive EPSs by testing these devices                an end-use product of a manufacturer
                                               company’s respective basic models of                    at the lowest voltage, 5V, at an output               different from the one who
                                               adaptive EPSs that utilize the IEC                      power of 10W instead of 15W.                          manufactured the EPS, it is likely that
                                               62680–1–2:2017 specification and                           Under the current test procedure,                  the product would charge at less than
                                               provided the same rationale for why the                 when testing an adaptive EPS at the                   10W at 5V, or may even be capable of
                                               waiver and the suggested alternative test               lowest achievable output voltage, the                 exploiting the ability of an adaptive EPS
                                               method detailed in each petition is                     measured average active mode                          to provide higher voltages for faster
                                               necessary.5 The IEC specification                       efficiency is equal to the average                    charging. The only occurrence where
                                               describes the particular architecture,                  efficiency of the EPS tested at 100%,                 the adaptive EPS would be used at the
                                               protocols, power supply behavior,                       75%, 50%, and 25% of the nameplate                    full 15W at 5V is in the rare instance
                                               connectors, and cabling necessary for                   output current of the EPS at that voltage.            when used with an end-use product that
                                               managing power delivery over a                          Appendix Z, sections 2.f and 4(a)(i)(E),              does not support the USB power
                                               universal serial bus (‘‘USB’’) connection               and Table 1. Thus, for an adaptive EPS                delivery requirements, but instead
                                               at power levels of up to 100 watts                      with a lowest output voltage of 5V and                supports the ability to draw 3.0A at 5V.
                                               (‘‘W’’). The purpose behind this                        a nameplate output current of 3A                      Accordingly, the petitioners assert that
                                               specification is to help provide a                      (resulting in a 15W output at 100% of                 the current DOE test procedure, which
                                               standardized approach for power supply                  the nameplate output current), the                    requires that efficiency be measured
                                               and peripheral developers to ensure                     average active mode efficiency at the                 above 10W at the lowest voltage
                                               backward compatibility while retaining                  lowest output voltage would be equal to               condition, results in a measurement that
                                               product design and marketing                            the average of the efficiencies when                  is grossly unrepresentative of the actual
                                               flexibility. See generally, IEC 62680–1–                testing at 15W, 11.25W, 7.5W, and                     energy consumption characteristics of
                                               2:2017 (Abstract) (describing the                       3.75W. The petitioners suggested that                 the adaptive EPS being tested.
                                               standard’s general provisions and                       these requirements be modified for their                 On July 24, 2017, DOE published a
                                               purpose).                                               products when calculating the average                 notice announcing its receipt of the
                                                  In the view of the petitioners,                      active mode efficiency—namely, by                     petitions for waiver, which also granted
                                               applying the DOE test procedure to the                  using the average of four loading                     the petitioners interim waivers, solicited
                                               adaptive EPS basic models identified in                 conditions representing the same                      comments from interested parties on all
                                               their individual petitions would yield                  respective percentages of an output                   aspects of the petition and specified an
                                               results that would be unrepresentative                  current of 2A. Doing so would mean                    alternate test procedure that must be
                                               of the active-mode efficiency of those                  that the average active mode efficiency               followed for testing and certifying the
                                               products. The DOE test procedure                        would equal the average of the                        specific basic models for which the
                                               requires that the average active-mode                   efficiencies when testing at 10W, 7.5W,               petitioners requested a waiver. 82 FR
                                               efficiency for adaptive EPSs 6 be                       5W, and 2.5W. The petitioners                         34294. DOE did not receive any
                                               measured by testing the unit twice—                     suggested taking the results from this                comments on the notice of petitions for
                                               once at the highest achievable output                   alternative approach and comparing                    waiver.
                                               voltage (‘‘V’’) and once at the lowest.                 them against the DOE efficiency                          Based on the information provided by
                                               The test procedure requires that active-                requirements at 10W.                                  the petitioners, DOE has determined
                                               mode efficiency be measured at four                        The petitioners assert that the test               that the current test procedure at
                                               loading conditions relative to the                      procedure for the lowest voltage level                Appendix Z would evaluate the
                                               nameplate output current of the EPS.                    does not reflect actual field usage of                specified adaptive EPS basic models in
                                               See generally 10 CFR 430.23(bb) and                     these products. The IEC 62680–1–                      a manner so unrepresentative of their
                                               Appendix Z. The lowest achievable                       2:2017 specification requires USB-                    true energy consumption characteristics
                                               output voltage supported by the IEC                     compliant products to support 15W at                  as to provide materially inaccurate
                                               62680–1–2:2017 specification is 5V and                  5V but, according to the petitioners,                 comparative data. This Decision and
                                               the nameplate current at this voltage                   adaptive EPSs operating at 5V do not                  Order specifies that each petitioner test
                                               output is 3 amps (’’A’’), resulting in a                exceed 10W for almost all usage                       and rate these basic models in a manner
                                               power output of 15W. The petitioners                    conditions. Petitioners state that when               identical to that which was provided in
                                               contend that while the IEC 62680–1–                     charging a product that supports the                  the interim waiver.
                                               2:2017 specification requires the tested                USB power delivery requirements and is                   Each petitioner sought a test
                                               EPS to support this power output, the                   sold or intended to be used with the                  procedure waiver for certain basic
                                               15W at 5V condition will be rarely used                 EPS, the IEC 62680–1–2:2017-compliant                 models. This Decision and Order
                                               and only for brief periods of time.                     EPS charges at 5V only with a dead                    applies only to the basic models listed
                                               Accordingly, the petitioners assert that                battery or fully charged battery (and                 within this document and does not
                                               the DOE test procedure’s measurement                    then at 0.5A or less). At other times                 extend to any other basic models.
                                               of efficiency at this power level is                    when more power is needed, petitioners                   Consistent with 10 CFR 430.27(j), not
                                               unrepresentative of the true energy                     state that the EPS will use a higher                  later than 60 days after March 16, 2018
                                               consumption of these EPSs.                              voltage rail (greater than 5V). (A                    any manufacturer currently distributing
                                                  Consequently, the petitioners seek a                 ‘‘voltage rail’’ refers to a single voltage           in commerce in the United States a
                                               waiver from DOE to permit them to use                   provided by the relevant power supply                 product employing a technology or
                                               an alternative test procedure to measure                unit through a dedicated circuit/wire                 characteristic that results in the same
                                               the energy efficiency of the specified                  used for that voltage.) The petitioners               need for a waiver from the applicable
                                                                                                       also state that the same holds true for               test procedure must submit a petition
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                                                 5 The petitions are available at https://             other end-use products that support the               for waiver.
                                               www.regulations.gov/docket?D=EERE-2017-BT-              USB power delivery requirements                          Manufacturers not currently
                                               WAV-0043.                                               manufactured by each of the respective                distributing such a product in
                                                 6 An adaptive EPS is an EPS that can alter its
                                                                                                       manufacturers. The petitioners provided               commerce in the United States must
                                               output voltage during active-mode based on an
                                               established digital communication protocol with
                                                                                                       data to demonstrate that when using an                petition for and be granted a waiver
                                               the end-use application without user-generated          adaptive EPS that supports the IEC                    prior to the distribution in commerce of
                                               action. 10 CFR 430.2.                                   62680–1–2:2017 specification to charge                that product in the United States.


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                                               11740                           Federal Register / Vol. 83, No. 52 / Friday, March 16, 2018 / Notices

                                               Manufacturers may also submit a                         basic models identified in paragraph (1)    consumption of specified combination
                                               request for interim waiver pursuant to                  of this section for compliance,             illuminated exit signs basic models.
                                               the requirements of 10 CFR 430.27.                      marketing, or other purposes only to the    Acuity is required to test and rate the
                                                                                                       extent that such products have been         specified basic models of its
                                               III. Consultations With Other Agencies
                                                                                                       tested in accordance with the provisions    combination illuminated exit signs in
                                                  In accordance with 10 CFR                            outlined above and such representations     accordance with the alternate test
                                               430.27(f)(2), DOE consulted with the                    fairly disclose the results of such testing procedure described in the Decision and
                                               Federal Trade Commission (‘‘FTC’’) staff                in accordance with 10 CFR part 430,         Order.
                                               concerning the petitioners’ petition for                subpart B, appendix Z and 10 CFR            DATES: The Decision and Order is
                                               waiver. The FTC staff did not have any                  429.37.                                     effective on March 16, 2018.
                                               objections to granting waivers to                          (4) These waivers shall remain in        FOR FURTHER INFORMATION CONTACT:
                                               petitioners.                                            effect consistent with the provisions of       Ms. Lucy deButts, U.S. Department of
                                               IV. Order                                               10 CFR 430.27.                              Energy, Office of Energy Efficiency and
                                                                                                          (5) These waivers are issued on the      Renewable Energy, Building
                                                  After careful consideration of all the               condition that the statements,              Technologies Office, EE–5B, 1000
                                               material that was submitted by and on                   representations, and documentation          Independence Avenue SW, Washington,
                                               behalf of Apple, Inc. (‘‘Apple’’),                      provided on behalf of and by the            DC 20585–0121. Telephone: (202) 287–
                                               Microsoft Corporation (‘‘Microsoft’’),                  petitioners are valid. DOE may revoke or    1604. Email: AS_Waiver_Requests@
                                               Poin2 Lab (‘‘Poin2’’), and Hefei Bitland                modify these waivers at any time if it      ee.doe.gov.
                                               Information Technology Co. Ltd.                         determines the factual basis underlying        Ms. Jennifer Tiedeman, U.S.
                                               (‘‘Bitland’’) in this matter, DOE grants a              the petitions for waiver is incorrect, or   Department of Energy, Office of the
                                               waiver regarding the below specified                    the results from the alternate test         General Counsel, GC–33, 1000
                                               basic models. Therefore, in accordance                  procedure are unrepresentative of the       Independence Avenue SW, Washington,
                                               with 10 CFR 430.27, it is ORDERED                       basic models’ true energy consumption       DC 20585–0121. Telephone: (202) 287–
                                               that:                                                   characteristics. 10 CFR 430.27(k)(1).       6111. Email: Jennifer.Tiedeman@
                                                  (1) Apple, Microsoft, Poin2, and                     Likewise, any of the petitioners may        hq.doe.gov.
                                               Bitland must test and rate the external                 request that DOE rescind or modify the
                                               power supply basic models listed in                                                                 SUPPLEMENTARY INFORMATION: On April
                                                                                                       waiver if the petitioner discovers an       17, 2013, Acuity filed a petition for
                                               paragraphs (1)(A) through (1)(D) of this                error in the information provided to
                                               section in accordance with the alternate                                                            waiver from the applicable illuminated
                                                                                                       DOE as part of its petition, determines     exit sign test procedure set forth in 10
                                               test procedure set forth in paragraph (2)               that the waiver is no longer needed, or
                                               of this section.                                                                                    CFR 431.204. Acuity submitted an
                                                                                                       for other appropriate reasons. 10 CFR       updated petition for waiver in a letter
                                                  (A) Apple must test and rate the EPSs
                                                                                                       430.27(k)(2)                                dated March 22, 2016 and further
                                               of Apple brand basic models A1718,
                                                                                                          (6) Granting of these waivers does not   supplemented its filing in an email
                                               A1719, A1540 as set forth in paragraph
                                                                                                       release Apple, Microsoft, Poin2, or         submitted May 1, 2017. On June 7, 2017,
                                               (2) of this section.
                                                                                                       Bitland from the certification              DOE published a notice announcing its
                                                  (B) Microsoft must test and rate the
                                                                                                       requirements set forth at 10 CFR part       receipt of the petition for waiver. 82 FR
                                               EPSs of Microsoft brand basic model
                                                                                                       429.                                        26469. In that notice, DOE also solicited
                                               AC–100 as set forth in paragraph (2) of
                                               this section.                                              Signed in Washington, DC, on March 9,    comments from interested parties on all
                                                  (C) Poin2 must test and rate the EPSs                2018.                                       aspects of the petition and specified an
                                               of Chicony brand basic model A16–                       lllllllllllllllllllll alternate test procedure that must be
                                               045N1A as set forth in paragraph (2) of                 Kathleen B. Hogan, Ph.D.                    followed for testing and certifying the
                                               this section.                                           Deputy Assistant Secretary for Energy       specific basic models for which Acuity
                                                  (D) Bitland must test and rate the                   Efficiency, Energy Efficiency and Renewable requested a waiver. Id. On March 16,
                                               EPSs of Chicony brand basic model                       Energy.                                     2018, DOE publishes this notice
                                               A045R053L as set forth in paragraph (2)                 [FR Doc. 2018–05364 Filed 3–15–18; 8:45 am] announcing a Decision and Order
                                               of this section.                                        BILLING CODE 6450–01–P                      granting a waiver to Acuity. The notice
                                                  (2) The alternate test procedure for the                                                         includes a copy of the Decision and
                                               basic models listed in paragraphs (1)(A)                                                            Order DOE issued to Acuity.
                                               through (1)(D) of this section is the test              DEPARTMENT OF ENERGY                           Issued in Washington, DC, on March 9,
                                               procedure for EPSs prescribed by DOE                                                                          2018.
                                               at 10 CFR part 430, subpart B, appendix                 [Case Number IES–001]
                                                                                                                                                             Kathleen B. Hogan,
                                               Z, except that under section 4(a)(i)(E)                 Notice of Decision and Order Granting                 Deputy Assistant Secretary for Energy
                                               and Table 1 of Appendix Z, the adaptive                 a Waiver to Acuity Brands Lighting,                   Efficiency, Energy Efficiency and Renewable
                                               EPSs must be tested such that when                      Inc. From the Department of Energy                    Energy.
                                               testing at the lowest achievable output                 Illuminated Exit Signs Test Procedure
                                               voltage (i.e., 5V), the Nameplate Output                                                                      Case #IES–001 Decision and Order
                                               Current shall be 2A (which corresponds                  AGENCY: Office of Energy Efficiency and               I. Background and Authority
                                               to an output power of 10W at the 100%                   Renewable Energy, Department of
                                               loading condition). The 75%, 50%, and                   Energy.                                                  The Energy Policy and Conservation
                                               25% loading conditions shall be scaled                                                                        Act of 1975 (‘‘EPCA’’ or ‘‘the Act’’),1
                                                                                                       ACTION: Notice of decision and order.
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                                               accordingly and the nameplate output                                                                          Public Law 94–163 (42 U.S.C. 6291–
                                               power of such an EPS, at the lowest                     SUMMARY:   The U.S. Department of                     6317, as codified), among other things,
                                               output voltage, shall be equal to 10W.                  Energy (‘‘DOE’’) announces a Decision                 authorizes the U.S. Department of
                                                  (3) Representations. Apple, Microsoft,               and Order granting Acuity Brands                         1 All references to EPCA in this document refer
                                               Poin2, and Bitland must make                            Lighting, Inc. (Acuity) a waiver from                 to the statute as amended through the EPS
                                               representations about the energy use of                 specified portions of the DOE test                    Improvement Act of 2017, Public Law 115–115
                                               the adaptive external power supply                      procedure for determining the energy                  (January 12, 2018).



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Document Created: 2018-03-16 01:12:05
Document Modified: 2018-03-16 01:12:05
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
ActionNotice of decision and order.
DatesThe Decision and Order is applicable as of March 16, 2018.
ContactMs. Lucy deButts, U.S. Department of Energy, Office of Energy Efficiency and Renewable Energy, Building Technologies Office, EE-5B, 1000 Independence Avenue SW, Washington, DC 20585-0121. Telephone: (202) 287-1604. Email: [email protected]
FR Citation83 FR 11738 

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