83_FR_12794 83 FR 12737 - Notice of Petition for Waiver of Huawei Technologies, Co. Ltd. From the Department of Energy External Power Supplies Test Procedure and Grant of Interim Waiver

83 FR 12737 - Notice of Petition for Waiver of Huawei Technologies, Co. Ltd. From the Department of Energy External Power Supplies Test Procedure and Grant of Interim Waiver

DEPARTMENT OF ENERGY

Federal Register Volume 83, Issue 57 (March 23, 2018)

Page Range12737-12743
FR Document2018-05939

This notice announces receipt of and publishes a petition for waiver from Huawei Technologies, Co. Ltd. (``Huawei'') seeking an exemption from specified portions of the U.S. Department of Energy's (``DOE's'') test procedure for determining external power supply (``EPS'') energy efficiency. The waiver request pertains to adaptive EPSs that support a particular International Electrotechnical Commission standard. Under the existing DOE test procedure, the average active mode efficiency of an adaptive EPS must be tested at both its lowest and highest achievable output voltages. Huawei contends that since its specified products operate above 2 amps current at the lowest achievable output voltages under rare conditions and for only brief periods of time, the suggested alternate testing approach detailed in its waiver petition is needed to measure the active mode efficiency of such products in a representative manner. DOE is granting Huawei an interim waiver from the DOE EPS test procedure for the specified basic models of EPSs, subject to use of the alternate test procedure as set forth in this document and is soliciting comments, data, and information concerning the petition and the suggested alternate test procedure.

Federal Register, Volume 83 Issue 57 (Friday, March 23, 2018)
[Federal Register Volume 83, Number 57 (Friday, March 23, 2018)]
[Notices]
[Pages 12737-12743]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-05939]


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DEPARTMENT OF ENERGY

[Case Number 2017-014; EERE-2017-BT-WAV-0061]


Notice of Petition for Waiver of Huawei Technologies, Co. Ltd. 
From the Department of Energy External Power Supplies Test Procedure 
and Grant of Interim Waiver

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

ACTION: Notice of petition for waiver, granting of an interim waiver, 
and request for public comment.

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SUMMARY: This notice announces receipt of and publishes a petition for 
waiver from Huawei Technologies, Co. Ltd. (``Huawei'') seeking an 
exemption from specified portions of the U.S. Department of Energy's 
(``DOE's'') test procedure for determining external power supply 
(``EPS'') energy efficiency. The waiver request pertains to adaptive 
EPSs that support a particular International Electrotechnical 
Commission standard. Under the existing DOE test procedure, the average 
active mode efficiency of an adaptive EPS must be tested at both its 
lowest and highest achievable output voltages. Huawei contends that 
since its specified products operate above 2 amps current at the lowest 
achievable output voltages under rare conditions and for only brief 
periods of time, the suggested alternate testing approach detailed in 
its waiver petition is needed to measure the active mode efficiency of 
such products in a representative manner. DOE is granting Huawei an 
interim waiver from the DOE EPS test procedure for the specified basic 
models of EPSs, subject to use of the alternate test procedure as set 
forth in this document and is soliciting comments, data, and 
information concerning the petition and the suggested alternate test 
procedure.

DATES: Written comments and information are requested and will be 
accepted on or before April 23, 2018.

ADDRESSES: Interested persons are encouraged to submit comments using 
the Federal eRulemaking Portal at http://www.regulations.gov. Follow 
the instructions for submitting comments. Alternatively, interested 
persons may submit comments, identified by case number ``2017-014'', 
and Docket number ``EERE-2017-BT-WAV-0061,'' by any of the following 
methods:
     Federal eRulemaking Portal: http://www.regulations.gov. 
Follow the instructions for submitting comments.
     Email: [email protected]. Include the case 
number [Case No. 2017-014] in the subject line of the message.
     Postal Mail: Ms. Lucy deButts, U.S. Department of Energy, 
Building Technologies Office, Mailstop EE-5B, Petition for Waiver Case 
No. 2017-014, 1000 Independence Avenue SW, Washington, DC 20585-0121. 
If possible, please submit all items on a compact disc (``CD''), in 
which case it is not necessary to include printed copies.
     Hand Delivery/Courier: Appliance and Equipment Standards 
Program, U.S. Department of Energy, Building Technologies Office, 950 
L'Enfant Plaza SW, 6th Floor, Washington, DC 20024. Telephone: (202) 
287-1445. If possible, please submit all items on CD, in which case it 
is not necessary to include printed copies.
    No telefacsimilies (faxes) will be accepted. For detailed 
instructions on submitting comments and additional information on this 
process, see section V of this document.
    Docket: The docket, which includes Federal Register notices, 
comments, and other supporting documents/materials, is available for 
review at http://www.regulations.gov. All documents in the docket are 
listed in the http://www.regulations.gov index. However, some documents 
listed in the index, such as those containing information that is 
exempt from public

[[Page 12738]]

disclosure, may not be publicly available.
    The docket web page can be found at http://www.regulations.gov/docket?D=EERE-2017-BT-WAV-0061. The docket web page contains simple 
instruction on how to access all documents, including public comments, 
in the docket. See section V for information on how to submit comments 
through http://www.regulations.gov.

FOR FURTHER INFORMATION CONTACT: 
    Ms. Lucy deButts, U.S. Department of Energy, Building Technologies 
Office, Mailstop EE-5B, 1000 Independence Avenue SW, Washington, DC 
20585-0121. Email: [email protected].
    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:

I. Background and Authority

    The Energy Policy and Conservation Act of 1975 (``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 EPSs, which 
are the focus of this notice. (42 U.S.C. 6291(36); 42 U.S.C. 6295(u)).
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    \1\ All references to EPCA in this document refer to the statute 
as amended through the EPS Improvement Act of 2017, Public Law 115-
115 (January 12, 2018).
    \2\ For editorial reasons, upon codification in the U.S. Code, 
Part B was re-designated Part A.
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    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. Relevant provisions of the Act include definitions (42 
U.S.C. 6291), energy conservation standards (42 U.S.C. 6295), test 
procedures (42 U.S.C. 6293), labeling provisions (42 U.S.C. 6294), and 
the authority to require information and reports from manufacturers (42 
U.S.C. 6296).
    The Federal testing requirements consist of test procedures that 
manufacturers of covered products must use as the basis for: (1) 
Certifying to DOE that their products comply with the applicable energy 
conservation standards adopted pursuant to EPCA (42 U.S.C. 6295(s)), 
and (2) making representations about the efficiency of those 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 EPSs is contained in Title 10 of the Code of Federal 
Regulations (``CFR'') Part 430, subpart B, appendix Z, Uniform Test 
Method for Measuring the Energy Consumption of External Power Supplies.
    The regulations set forth in 10 CFR 430.27 provide that upon 
receipt of a petition, 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.
    As soon as practicable after the granting of any waiver, DOE will 
publish in the Federal Register a notice of proposed rulemaking to 
amend its regulations so as to eliminate any need for the continuation 
of such waiver. As soon thereafter as practicable, DOE will publish in 
the Federal Register a final rule. 10 CFR 430.27(l).
    The waiver process also allows DOE to grant an interim waiver from 
test procedure requirements to manufacturers that have petitioned DOE 
for a waiver of such prescribed test procedures if it appears likely 
that the petition for waiver will be granted and/or if DOE determines 
that it would be desirable for public policy reasons to grant immediate 
relief pending a determination on the petition for waiver. 10 CFR 
430.27(e)(2). Within one year of issuance of an interim waiver, DOE 
will either: (i) Publish in the Federal Register a determination on the 
petition for waiver; or (ii) publish in the Federal Register a new or 
amended test procedure that addresses the issues presented in the 
waiver. 10 CFR 430.27(h)(1). When DOE amends the test procedure to 
address the issues presented in a waiver, the waiver will automatically 
terminate on the date on which use of that test procedure is required 
to demonstrate compliance. 10 CFR 430.27(h)(2).

II. Petition for Waiver of Test Procedure and Petition for Interim 
Waiver

    On December 1, 2017, Huawei filed a petition for waiver from the 
DOE test procedure for EPSs under 10 CFR 430.27 for several basic 
models of adaptive EPSs \3\ that meet the provisions of the 
International Electrotechnical 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\ 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).
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    \3\ The specific basic models for which the petition applies are 
EPS basic models HW-200200UPX, HW-200300UPX, HW-200325UPX, and HW-
200500UPX. These basic model names were provided by Huawei in its 
December 1, 2017 petition.
    \4\ International Electrotechnical Commission Universal serial 
bus interfaces for data and power--Part 1-2: Common components--USB 
Power Delivery specification, https://webstore.iec.ch/publication/26174/.
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    In Huawei's view, applying the DOE test procedure to the adaptive 
EPSs specified in its 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 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

[[Page 12739]]

nameplate output current of the EPS. See 10 CFR 430.23(bb) and 10 CFR 
part 430, subpart B, 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 15 W. Huawei contends 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, and that adaptive EPSs operating at 5V do not exceed 
10W for almost all usage conditions.
    Huawei contends that, when charging a product that is sold or 
intended to be used with the EPS, the EPS charges at 5 volts only with 
a dead battery or fully charged battery (and then at 0.5A or less). At 
other times when more power is needed, 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.) Huawei further states 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.
    Accordingly, Huawei asserts that the DOE test procedure's 
measurement of efficiency at the prescribed power level (i.e., 5V, 3A) 
is unrepresentative of the true energy consumption of these EPSs. 
Consequently, it seeks a waiver from DOE to permit it to use an 
alternate test procedure to measure the energy efficiency of the 
specified adaptive EPSs that support the IEC 62680-1-2:2017 
specification by testing these devices at the lowest voltage, 5V, and 
at an output power at 10W instead of 15W.
    Huawei also requests an interim waiver from the existing DOE test 
procedure. DOE will grant an interim waiver if it appears likely that 
the petition for waiver will be granted, and/or if DOE determines that 
it would be desirable for public policy reasons to grant immediate 
relief pending a determination of the petition for waiver. See 10 CFR 
430.27(e)(2).
    DOE understands that, absent an interim waiver, applying the 
current DOE test procedure to the specified adaptive EPS basic models 
would not produce results representative of the actual field usage of 
these products. DOE notes that it has recently granted interim waivers 
in response to petitions that presented the same issue as in Huawei's 
petition.\5\ DOE has reviewed the alternate procedure suggested by 
Huawei. The procedure, which is the same as that specified in the 
recently granted interim waiver, will allow for the accurate 
measurement of efficiency of these products, while alleviating the 
testing problems associated with Huawei's implementation of EPS testing 
for the basic models specified in its petition. Consequently, it 
appears likely that Huawei's petition for waiver will be granted. 
Furthermore, DOE has determined that it is desirable for public policy 
reasons to grant Huawei immediate relief pending a determination of the 
petition for waiver.
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    \5\ See, Notice of Petition for Waiver of Apple, Inc., Microsoft 
Corporation, Poin2 Lab, and Hefei Bitland Information Technology 
Co., Ltd. From the Department of Energy External Power Supplies Test 
Procedure and Grant of Interim Waiver. 82 FR 23294 (July 24, 2017).
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III. Alternate Test Procedure

    EPCA requires that manufacturers use DOE test procedures when 
making representations about the energy consumption and energy 
consumption costs of products covered by the statute. (42 U.S.C. 
6293(c)) Consistent representations are important for manufacturers to 
use in making representations about the energy efficiency of their 
products and to demonstrate compliance with applicable DOE energy 
conservation standards.
    In its petition, Huawei suggested that the basic models listed in 
the petition be tested according to the DOE EPS test procedure 
prescribed at 10 CFR part 431, subpart B, appendix Z, except to modify 
the average active mode efficiency calculations by using the average of 
four loading conditions representing the same respective percentages of 
an output current of 2A rather than at its highest nameplate output 
current--in this case, 3A. 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 when testing the EPS at 100%, 75%, 50%, and 25% of the 
nameplate output current of the EPS at that voltage. See 10 CFR part 
430 subpart B, appendix Z, sections 1.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. Under the 
alternate test procedure suggested by Huawei, the average active mode 
efficiency would equal the average of the efficiencies when testing at 
10W, 7.5W, 5W, and 2.5W. The petitioner suggested taking the results 
from this alternate approach and comparing them against the DOE 
efficiency requirements at 10W.
    During the period of the interim waiver in this notice, the 
petitioner must test the specified basic models according to the test 
procedure as discussed in this section. Pursuant to the test procedure 
waiver regulations at 10 CFR 430.27 and after considering public 
comments on the petition, DOE will announce its decision as to an 
alternate test procedure for the petitioner in a subsequent Decision 
and Order.

IV. Summary of Grant of Interim Waiver

    For the reasons stated above, DOE has informed the petitioner that 
it is granting the petition for interim waiver from testing for the 
specified EPS basic models. The substance of the Interim Waiver Order 
is summarized below.
    Huawei is required to use the alternate test procedures set forth 
in this notice to test and rate the EPS basic models listed in the 
petition (HW-200200UPX, HW-200300UPX, HW-200325UPX, and HW-200500UPX). 
Huawei is permitted to make representations about the EPS efficiency of 
these basic models for compliance, marketing, or other purposes only to 
the extent that such products have been tested in accordance with the 
provisions set forth in the alternate test procedure and such 
representations fairly disclose the results of such testing in 
accordance with 10 CFR 429.37.
    DOE evaluates and grants waivers and interim waivers for only those 
basic models specifically set out in the petition, not future models 
that may be manufactured by the petitioner. Huawei may request that DOE 
extend the scope of a waiver or an interim waiver to include additional 
basic models employing the same technology as the basic model(s) set 
forth in the original petition consistent with 10 CFR 430.27(g). In 
addition, DOE notes that granting of an interim waiver or waiver does 
not release a petitioner from the certification requirements set forth 
at 10 CFR part 429. See also 10 CFR 430.27(a) and (i).
    Unless otherwise rescinded or modified, the interim waiver shall 
remain in effect until such time as when DOE amends the test procedure 
to address the issues presented in the

[[Page 12740]]

waiver and use of the amended test procedure is required to demonstrate 
compliance. 10 CFR 430.27(h). DOE may rescind or modify a waiver or 
interim waiver at any time upon a determination that the factual basis 
underlying the petition for waiver or interim waiver is incorrect, or 
upon a determination that the results from the alternate test procedure 
are unrepresentative of the basic models' true energy consumption 
characteristics. See 10 CFR 430.27(k)(1). Likewise, Huawei may request 
that DOE rescind or modify the interim waiver if Huawei discovers an 
error in the information provided to DOE as part of its petition, 
determines that the interim waiver is no longer needed, or for other 
appropriate reasons. 10 CFR 430.27(k)(2). Furthermore, this interim 
waiver is conditioned upon the understanding that the statements, 
representations, and documentary materials provided by Huawei are valid 
and accurate.

V. Summary and Request for Comments

    Through this notice, DOE announces receipt of Huawei's petition for 
waiver from the DOE test procedure for certain basic models of Huawei's 
EPSs, and DOE grants Huawei an interim waiver from the test procedure 
for the EPS basic models listed in Huawei's petition. DOE is publishing 
Huawei's petition for waiver in its entirety, pursuant to 10 CFR 
430.27(b)(1)(iv).\6\ The petition includes a suggested alternate test 
procedure, as discussed in section III of this notice, to determine the 
EPS efficiency of Huawei's specified EPSs. DOE may consider including 
this alternate procedure in a subsequent Decision and Order.
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    \6\ Huawei did not claim that any portion of its petition 
contained confidential business information.
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    DOE invites all interested parties to submit in writing by April 
23, 2018, comments and information on all aspects of the petition, 
including the alternate test procedure. Pursuant to 10 CFR 430.27(d), 
any person submitting written comments to DOE must also send a copy of 
such comments to the petitioner. The contact information for the 
petitioner is Mr. Dennis Amari, Director of Federal & Regulatory 
Affairs, Huawei Technologies, Co. Ltd., 875 15th Street NW, Suite 825, 
Washington, DC 20005.
    Submitting comments via http://www.regulations.gov. The http://www.regulations.gov web page will require you to provide your name and 
contact information. Your contact information will be viewable to DOE 
Building Technologies staff only. Your contact information will not be 
publicly viewable except for your first and last names, organization 
name (if any), and submitter representative name (if any). If your 
comment is not processed properly because of technical difficulties, 
DOE will use this information to contact you. If DOE cannot read your 
comment due to technical difficulties and cannot contact you for 
clarification, DOE may not be able to consider your comment.
    However, your contact information will be publicly viewable if you 
include it in the comment or in any documents attached to your comment. 
Any information that you do not want to be publicly viewable should not 
be included in your comment, nor in any document attached to your 
comment. Persons viewing comments will see only first and last names, 
organization names, correspondence containing comments, and any 
documents submitted with the comments.
    Do not submit to http://www.regulations.gov information for which 
disclosure is restricted by statute, such as trade secrets and 
commercial or financial information (hereinafter referred to as 
Confidential Business Information (``CBI'')). Comments submitted 
through http://www.regulations.gov cannot be claimed as CBI. Comments 
received through the website will waive any CBI claims for the 
information submitted. For information on submitting CBI, see the 
Confidential Business Information section.
    DOE processes submissions made through http://www.regulations.gov 
before posting. Normally, comments will be posted within a few days of 
being submitted. However, if large volumes of comments are being 
processed simultaneously, your comment may not be viewable for up to 
several weeks. Please keep the comment tracking number that http://www.regulations.gov provides after you have successfully uploaded your 
comment.
    Submitting comments via email, hand delivery, or mail. Comments and 
documents submitted via email, hand delivery, or mail also will be 
posted to http://www.regulations.gov. If you do not want your personal 
contact information to be publicly viewable, do not include it in your 
comment or any accompanying documents. Instead, provide your contact 
information on a cover letter. Include your first and last names, email 
address, telephone number, and optional mailing address. The cover 
letter will not be publicly viewable as long as it does not include any 
comments.
    Include contact information each time you submit comments, data, 
documents, and other information to DOE. If you submit via mail or hand 
delivery, please provide all items on a CD, if feasible. It is not 
necessary to submit printed copies. No facsimiles (faxes) will be 
accepted.
    Comments, data, and other information submitted to DOE 
electronically should be provided in PDF (preferred), Microsoft Word or 
Excel, WordPerfect, or text (ASCII) file format. Provide documents that 
are not secured, written in English and free of any defects or viruses. 
Documents should not contain special characters or any form of 
encryption and, if possible, they should carry the electronic signature 
of the author.
    Campaign form letters. Please submit campaign form letters by the 
originating organization in batches of between 50 to 500 form letters 
per PDF or as one form letter with a list of supporters' names compiled 
into one or more PDFs. This reduces comment processing and posting 
time.
    Confidential Business Information. According to 10 CFR 1004.11, any 
person submitting information that he or she believes to be 
confidential and exempt by law from public disclosure should submit via 
email, postal mail, or hand delivery two well-marked copies: one copy 
of the document marked confidential including all the information 
believed to be confidential, and one copy of the document marked ``non-
confidential'' with the information believed to be confidential 
deleted. Submit these documents via email or on a CD, if feasible. DOE 
will make its own determination about the confidential status of the 
information and treat it according to its determination.
    Factors of interest to DOE when evaluating requests to treat 
submitted information as confidential include (1) a description of the 
items, (2) whether and why such items are customarily treated as 
confidential within the industry, (3) whether the information is 
generally known by or available from other sources, (4) whether the 
information has previously been made available to others without 
obligation concerning its confidentiality, (5) an explanation of the 
competitive injury to the submitting person which would result from 
public disclosure, (6) when such information might lose its 
confidential character due to the passage of time, and (7) why 
disclosure of the information would be contrary to the public interest.
    It is DOE's policy that all comments may be included in the public 
docket, without change and as received,

[[Page 12741]]

including any personal information provided in the comments (except 
information deemed to be exempt from public disclosure).

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

Before the United States Department of Energy Washington, DC 20585

    In the Matter of Energy Efficiency Program: Test Procedures for 
External Power Supplies, Docket No. EERE-2014-BT-TP-0043, RIN 1904-
AD36.

Petition of Huawei Technologies Co., Ltd. for Waiver and Application 
for Interim Waiver of Test Procedures for External Power Supplies

    Huawei Technologies Co., Ltd. (``Huawei'') \1\ respectfully submits 
this Petition for Waiver and Application for Interim Waiver to the U.S. 
Department of Energy (``DOE'') on the test procedures prescribed in 10 
CFR 430.23, Subpart B, Appendix Z,\2\ for determining the energy 
efficiency of certain adaptive external power supplies (``EPSs'').\3\ 
As set forth herein, Huawei submits that the basic models of the 
adaptive EPSs identified in Appendix I of this petition satisfy the 
criteria for a waiver as specified in rules governing DOE's Energy 
Conservation Program for Consumer Products.\4\ That is, the prescribed 
test procedures for evaluating these adaptive EPSs are so 
unrepresentative of their true energy consumption characteristics that 
such testing would result in materially inaccurate comparative data. 
Huawei therefore requests that the alternate test procedure described 
below serve the purpose of evaluating the energy consumption 
characteristics of these adaptive EPSs.\5\
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    \1\ Huawei is a leading global provider information and 
communications technology solutions, products, and services that are 
used in more than 170 countries and regions--including in the United 
States--and serve over one-third of the world's population, enabling 
the future information society and building a Better Connected 
World. See http://www.huawei.com/en/.
    \2\ See 10 CFR 430.23, Subpart B, Appendix Z (2017) (uniform 
test method for measuring the energy consumption of external power 
supplies); see also 10 CFR 430.27 (2017) (setting forth rules for 
petition for waiver and interim waiver).
    \3\ As defined in Federal rules, an adaptive EPS is ``an 
external power supply that can alter its output voltage during 
active-mode based on an established digital communication protocol 
with the end-use application without any user generated action.'' 
See 10 CFR 430.2 (2017).
    \4\ See 10 CFR 430.27(a)(1).
    \5\ See 10 CFR 430.27 (b)(1)(iii).
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    Huawei also notes that basic models of adaptive EPSs listed in 
Appendix I incorporate similar design characteristics to those for 
which DOE has already granted an interim waiver conditioned on the use 
of an alternate testing procedure.\6\ Thus, as the prescribed test 
procedures would result in materially inaccurate comparative data for 
the basic models of the adaptive ESPs listed in Appendix I and DOE has 
granted interim waivers for testing of other manufacturers' basic 
models with similar design characteristics, Huawei requests that DOE 
grant a waiver for these basic models and provide for the same 
alternate testing procedures as those approved for other 
manufacturers.\7\
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    \6\ See Notice of Petition for Waiver of Apple, Inc., Microsoft 
Corporation, Poin2 Lab, and Hefei Bitland information Technology 
Co., Ltd. From the Department of Energy External Power Supplies Test 
Procedure and Grant of Interim Waiver, 82 FR 34294 (July 24, 2017). 
Pursuant to Program rules at 430 CFR 430.27 (j), Huawei submits this 
petition for waiver and application for interim waiver as it is a 
manufacturer which does not currently distribute adaptive EPSs in 
commerce in the United States that employ the particular technology 
or have the same particular characteristic as those identified in 
the petitions noted here. Hence, prior to distributing in commerce 
in the United States the adaptive EPSs identified in Appendix 1, 
Huawei submits this petition for waiver and request for interim 
waiver of these EPS basic models.
    \7\ Huawei notes that DOE has stated it will publish in the 
Federal Register either: a ``Decision and Order'' as to the 
continued use of the alternate testing procedure approved as part of 
the earlier waiver petitions or a modified version thereof; or a new 
amended testing procedure. 82 FR 34294, 34297 (July 24, 2017). While 
DOE final action may resolve the issue of testing all basic models 
of adaptive EPSs under the latter scenario, Huawei requests 
immediate relief by the grant of an interim waiver and, to the 
extent necessary, a waiver from the prescribed test procedures.
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I. Basic Models of Adaptive EPSs Applicable to this Waiver Petition

    The basic models for which a waiver is requested are the adaptive 
EPSs set forth in Appendix I. All of these basic models are 
manufactured by Huawei Technologies Co., Ltd. and will be distributed 
in commerce in the United States under the ``Huawei'' brand name.

II. Basis for Requested Waiver

    As described in the earlier petitions for which DOE granted interim 
waivers, adaptive EPSs are highly useful consumer products that have 
beneficial environmental attributes.\8\ For example, they provide 
energy efficient charging with less resistive loss and accelerate the 
charging process which reduces the overall time needed to charge a 
product's battery. They can also be readily reused when devices are 
replaced.\9\ While convenient for consumers, adaptive EPSs further 
yield environmental benefits by providing more efficient energy use, 
reduced packaging with less landfill waste and a decreased need for 
transportation shipments.\10\
---------------------------------------------------------------------------

    \8\ See Petition of Apple, Inc. for Waiver and Application for 
Interim Waiver of Test Procedures for External Power Supplies (June 
8, 2017) at 2 (``Apple Petition''); Petition of Microsoft 
Corporation for Waiver and Application for Interim Waiver of Test 
Procedures for External Power Supplies (June 8, 2017) at 2 
(``Microsoft Petition''); Petition of Poin2Lab for Waiver and 
Application for Interim Waiver of Test Procedures for External Power 
Supplies (June 8, 2017) at 2 (``Poin2Lab Petition''); and Petition 
of Hefei Bitland Technology Co., Ltd. for Waiver Application for 
Interim Waiver of Test Procedures for External Power Supplies (June 
22, 2017) at 2 (``Hefei Petition'').
    \9\ See Id.
    \10\ See Id.
---------------------------------------------------------------------------

    The current DOE test procedure requires measurement of average 
active-mode efficiency for adaptive EPSs at four load points--100%, 
75%, 50%, and 25%--for each of the highest and lowest voltage 
levels.\11\ The average efficiency is deemed to be the arithmetic mean 
of the efficiency values calculated at the four load points.\12\
---------------------------------------------------------------------------

    \11\ See Sec.  430.23, Subpart B, Appendix Z, 4(a)(i)(C), (E) 
and (H); see also Apple Petition at 3; Microsoft Petition at 2; 
Poin2 Lab. Petition at 2; and Hefei Petition at 2.
    \12\ See Sec.  430.23, Subpart B, Appendix Z, 4(a)(i)(H).
---------------------------------------------------------------------------

    The lowest achievable output voltage supported by the basic models 
is 5 volts (V), which corresponds to a maximum power of 15W.\13\ 
According to International Electrotechnical Commission's (``IEC'') USB 
Power Delivery Specification (IEC 62680-1-2:2017), the product shall 
support 15 W at 5V.\14\
---------------------------------------------------------------------------

    \13\ See Id.; see also Apple Petition at 3; Microsoft Petition 
at 2; Poin2 Lab. Petition at 2-3; and Hefei Petition at 2-3.
    \14\ IEC 62680-1-2:2017, Universal serial bus interfaces for 
data and power--Part 1-2: Common components--USB Power Delivery 
Specifications. See: https://webstore.iec.ch/publication/29564.
---------------------------------------------------------------------------

    Adaptive EPSs are increasingly used with tablets, mobile phones, 
and similar hand-held devices. These devices constitute the typical 
primary load of adaptive EPSs. In conformance with the IEC USB Power 
Delivery Specification, the adaptive EPSs listed in Appendix I are 
required to support 15W (5V 3A[amps]) when used with these devices.\15\ 
However, these devices very rarely consume the power of 15W and do not 
exceed 10W in nearly all real-world usage scenarios.
---------------------------------------------------------------------------

    \15\ See Id.
---------------------------------------------------------------------------

    As described to DOE in earlier petitions,\16\ evaluation of 
adaptive EPSs at the 15W power level does not represent actual energy 
consumption characteristics of the basic models listed in Appendix I 
because the 15W at 5V power level will only be used in extremely rare 
instances for very short periods of time. Therefore, Huawei

[[Page 12742]]

agrees that ``evaluation of adaptive EPSs at the 15W power level when 
evaluating efficiency at the lowest voltage rail (5V) is grossly 
unrepresentative of the actual energy consumption characteristics of 
these models in real world usage.'' \17\ As such, Huawei joins the 
earlier petitioners' request that DOE grant a waiver with the alternate 
test procedure described below.
---------------------------------------------------------------------------

    \16\ See Apple Petition at 4; Microsoft Petition at 3; Poin2 
Lab. Petition at 3; and Hefei Petition at 3.
    \17\ See Id.
---------------------------------------------------------------------------

III. Proposed Alternate Test Procedure

    Consistent with the approved alternate test procedure included in 
the earlier waiver petitions granted by DOE,\18\ Huawei requests that 
the same test procedure be allowed for purposes of evaluating the 
performance of the basic models of adaptive EPSs listed in Appendix I. 
Specifically, Huawei requests DOE allow performance testing as follows:
---------------------------------------------------------------------------

    \18\ See 82 FR 34294, 34296 (July 24, 2017).

    ``The applicable method of test for the basic models . . . 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, adaptive EPSs that meet the IEC 62680-1-2:2017 
specification must be tested such that the 100% nameplate loading 
condition when testing at the lowest achievable output voltage is 2A 
(which corresponds to all output power of 10 watts). 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 10 watts.'' \19\
---------------------------------------------------------------------------

    \19\ See Id.

Huawei recommends that a waiver, if granted, continue until such time 
as DOE adopts an applicable amended test procedure for adaptive EPSs.

IV. Request for Interim Waiver

    Huawei also requests that DOE grant an interim waiver for testing 
and rating of the basic models of adaptive EPSs listed in Appendix I. 
As DOE stated on the earlier petitions, ``absent an interim waiver, the 
basic models identified. . . cannot be tested and rated for energy 
consumption on the basis of their true characteristics.'' \20\ Further, 
DOE concluded ``that [the alternate test procedure] will allow for the 
accurate measurement of the energy use of these products, while 
alleviating the testing problems associated with petition's 
implementation of EPS testing for their adaptive EPSs that support the 
IEC 62680-1-2:2017 specification,'' and that ``the petition for waiver 
will likely be granted and has decided that it is desirable for public 
policy reasons to grant petitioners immediate relief pending a 
determination on the petition for waiver,'' \21\
---------------------------------------------------------------------------

    \20\ See 82 FR 34294, 34296 (July 24, 2017).
    \21\ See Id.
---------------------------------------------------------------------------

    In addition, without waiver relief, Huawei will be subject to 
requirements that should not apply to these products; that is, 
compliance with both the IEC 62680-1-2:2017 specification and the 
current DOE test procedure requirements for these adaptive EPSs, 
simultaneously, is not possible. Further, Huawei's ability to 
distribute its adaptive EPSs in commerce in the United States will be 
impaired, thereby placing Huawei at a competitive disadvantage in 
relation to other manufacturers and distributors absent a favorable 
determination by DOE.\22\ For all of the reasons outlined above, Huawei 
likewise requests an interim waiver for the basic models of the 
adaptive EPSs listed in Appendix I.
---------------------------------------------------------------------------

    \22\ See 10 CFR 430.27(B)(2).
---------------------------------------------------------------------------

V. List of Manufacturers

    A list of manufacturers of all other basic models of adaptive ESPs 
distributed in commerce in the United States and known to Huawei that 
incorporate design characteristic(s) similar to those found in the 
basic models that are the subject of the petition is provided in 
Appendix II. The list is identical to the list included in the earlier 
petitions with the addition of the four petitioners.\23\
---------------------------------------------------------------------------

    \23\ See Apple Petition, Appendix II at 13; Microsoft Petition, 
Appendix II at 12; Poin2 Lab. Petition, Appendix II at 12; and Hefei 
Petition, Appendix II at 12.
---------------------------------------------------------------------------

* * * * *
    Huawei requests expedited consideration of this Waiver Petition and 
Application for Interim Waiver and is willing to promptly provide any 
additional information DOE believes may be necessary for that purpose.

VI. Conclusion

    DOE should grant the requested waiver and interim waiver for the 
basic models of adaptive EPSs listed in Appendix I.

Respectfully submitted,

Huawei Technologies, Co. Ltd.

Dennis J. Amari,

Director, Federal & Regulatory Affairs, 875 15\th\ Street, NW, Suite 
825, Washington DC 20005, (202) 289-6510, [email protected]

December 1, 2017

APPENDIX I

    The waiver and interim waiver requested herein should apply to 
testing and rating of the following basic models:

----------------------------------------------------------------------------------------------------------------
                                                                 Nameplate Input Rating  Nameplate Output Rating
                Model                        Product Type                 (AC)                     (DC)
----------------------------------------------------------------------------------------------------------------
HW-200200UPX.........................  Adaptive Single Voltage  100-240V~, 50-60Hz,1.2A  Highest output voltage:
                                        External Power Supply.                            20V, 2A (40W)Lowest
                                                                                          output voltage: 5V, 3A
                                                                                          (15W).
HW-200300UPX.........................  Adaptive Single Voltage  100-240V~, 50-60Hz,1.8A  Highest output voltage:
                                        External Power Supply.                            20V, 3A (60W)Lowest
                                                                                          output voltage: 5V, 3A
                                                                                          (15W).
HW-200325UPX.........................  Adaptive Single Voltage  100-240V~, 50-60Hz,1.8A  Highest output voltage:
                                        External Power Supply.                            20V, 3.25A (65W)Lowest
                                                                                          output voltage: 5V, 3A
                                                                                          (15W).
HW-200500UPX.........................  Adaptive Single Voltage  100-240V~, 50-60Hz,2.0A  Highest output voltage:
                                        External Power Supply.                            20V, 5A (100W)Lowest
                                                                                          output voltage: 5V, 3A
                                                                                          (15W).
----------------------------------------------------------------------------------------------------------------

APPENDIX II

    The following are manufacturers of all other basic models 
distributed in commerce in the United States and known to Huawei to 
incorporate design characteristics similar to those found in the basic 
models that are the subject of the petition for waiver:

Acbel
Active-Semi, Inc.
Apple, Inc.
Bitland
Chicony Power Technology
Chrontel, Inc.
Dell

[[Page 12743]]

Honor Electronic Co., Ltd.
Huntkey
Ever Win International Corp.
Griffin Technology LLC
LG Electronics USA, Inc
Liteon
Lucent Trans Electronics Co., Ltd.
Microsoft Corporation
Mobileconn Technology Co., Ltd.
Phihong Technology Co., Ltd.
Poin2 Lab
Renesas Electronics Corp.
Salcomp Plc
Samsung
STMicroelectronics
Superior Communications
Texas Instruments
Ventev Mobile
Weltrend Semiconductor
Xentris Wireless

    Sources include: ``USB Power Brick'', USB Implementers Forum, Inc., 
http://www.usb.org/kcomplianceview/CertifiedUSBPowerBricks.pdf
[FR Doc. 2018-05939 Filed 3-22-18; 8:45 am]
 BILLING CODE 6450-01-P



                                                                             Federal Register / Vol. 83, No. 57 / Friday, March 23, 2018 / Notices                                 12737

                                                (A) JCI basic models that include all                would either be required to use the         at the lowest achievable output voltages
                                             combinations of the following outdoor                   current Federal test method or submit a     under rare conditions and for only brief
                                             unit models, listed by brand name:                      new application for a test procedure        periods of time, the suggested alternate
                                                (B) Variable-speed, oil-injected scroll              waiver. DOE may revoke or modify this       testing approach detailed in its waiver
                                             compressor models that are [Redacted]                   waiver at any time if it determines the     petition is needed to measure the active
                                             brand products manufactured by                          factual basis underlying the petition for   mode efficiency of such products in a
                                             [Redacted], listed by model number:                     waiver is incorrect, or the results from    representative manner. DOE is granting
                                             [Redacted]                                              the alternate test procedure are            Huawei an interim waiver from the DOE
                                                (2) The alternate test procedure for the             unrepresentative of the basic models’       EPS test procedure for the specified
                                             JCI basic models listed in paragraph                    true energy consumption characteristics.    basic models of EPSs, subject to use of
                                             (1)(A) having one of the compressors                    10 CFR 430.27(k)(1). Likewise, JCI may      the alternate test procedure as set forth
                                             listed in paragraph (1)(B) is the test                  request that DOE rescind or modify the      in this document and is soliciting
                                             procedure for CACs and HPs prescribed                   waiver if JCI discovers an error in the     comments, data, and information
                                             by DOE at 10 CFR part 430, subpart B,                   information provided to DOE as part of      concerning the petition and the
                                             appendix M, except that under section                   its petition, determines that the waiver    suggested alternate test procedure.
                                             3.1.7 of appendix M the break-in period                 is no longer needed, or for other           DATES: Written comments and
                                             maximum of 20 hours is increased to 72                  appropriate reasons. 10 CFR                 information are requested and will be
                                             hours, reading as follows:                              430.27(k)(2).                               accepted on or before April 23, 2018.
                                             3.1.7 Test Sequence                                        (6) Granting of this waiver does not     ADDRESSES: Interested persons are
                                                Manufacturers may optionally operate the             release JCI from the certification          encouraged to submit comments using
                                             equipment under test for a ‘‘break-in’’ period,         requirements set forth at 10 CFR part       the Federal eRulemaking Portal at
                                             not to exceed 72 hours, prior to conducting             429.                                        http://www.regulations.gov. Follow the
                                             the test method specified in this section. A
                                             manufacturer who elects to use this optional
                                                                                                        Signed in Washington, DC, on March 9,    instructions for submitting comments.
                                                                                                     2018.                                       Alternatively, interested persons may
                                             compressor break-in period in its
                                             certification testing should record this                lllllllllllllllllllll submit comments, identified by case
                                             information (including the duration) in the             Kathleen B. Hogan,                          number ‘‘2017–014’’, and Docket
                                             test data underlying the certified ratings that         Deputy Assistant Secretary for Energy       number ‘‘EERE–2017–BT–WAV–0061,’’
                                             are required to be maintained under 10 CFR              Efficiency, Energy Efficiency and Renewable by any of the following methods:
                                             429.71. When testing a ducted unit (except if           Energy                                         • Federal eRulemaking Portal: http://
                                             a heating- only heat pump), conduct the A or                                                        www.regulations.gov. Follow the
                                                                                                     [FR Doc. 2018–05941 Filed 3–22–18; 8:45 am]
                                             A2 Test first to establish the cooling full-load
                                                                                                     BILLING CODE 6450–01–P                      instructions for submitting comments.
                                             air volume rate. For ducted heat pumps
                                             where the heating and cooling full-load air                                                            • Email: Huawei2017WAV0061@
                                             volume rates are different, make the first                                                          ee.doe.gov. Include the case number
                                             heating mode test one that requires the                 DEPARTMENT OF ENERGY                        [Case No. 2017–014] in the subject line
                                             heating full-load air volume rate. For ducted                                                       of the message.
                                             heating-only heat pumps, conduct the H1 or              [Case Number 2017–014; EERE–2017–BT–           • Postal Mail: Ms. Lucy deButts, U.S.
                                             H12 Test first to establish the heating full-           WAV–0061]                                   Department of Energy, Building
                                             load air volume rate. When conducting a
                                             cyclic test, always conduct it immediately              Notice of Petition for Waiver of Huawei Technologies Office, Mailstop EE–5B,
                                                                                                     Technologies, Co. Ltd. From the             Petition for Waiver Case No. 2017–014,
                                             after the steady-state test that requires the
                                             same test conditions. For variable-speed                Department of Energy External Power         1000 Independence Avenue SW,
                                             systems, the first test using the cooling               Supplies Test Procedure and Grant of        Washington, DC 20585–0121. If
                                             minimum air volume rate should precede the              Interim Waiver                              possible, please submit all items on a
                                             EV Test, and the first test using the heating                                                       compact disc (‘‘CD’’), in which case it is
                                             minimum air volume rate must precede the                AGENCY: Office of Energy Efficiency and     not necessary to include printed copies.
                                             H2V Test. The test laboratory makes all other           Renewable Energy, Department of                • Hand Delivery/Courier: Appliance
                                             decisions on the test sequence.                         Energy.                                     and Equipment Standards Program, U.S.
                                               (3) Representations. JCI must make                    ACTION: Notice of petition for waiver,      Department of Energy, Building
                                             representations about the efficiency of                 granting of an interim waiver, and          Technologies Office, 950 L’Enfant Plaza
                                             the basic models identified in paragraph                request for public comment.                 SW, 6th Floor, Washington, DC 20024.
                                             (1) for compliance, marketing, or other                                                             Telephone: (202) 287–1445. If possible,
                                             purposes only to the extent that the                    SUMMARY: This notice announces receipt please submit all items on CD, in which
                                             basic model has been tested in                          of and publishes a petition for waiver      case it is not necessary to include
                                             accordance with the provisions set forth                from Huawei Technologies, Co. Ltd.          printed copies.
                                             above and such representations fairly                   (‘‘Huawei’’) seeking an exemption from         No telefacsimilies (faxes) will be
                                             disclose the results of such testing in                 specified portions of the U.S.              accepted. For detailed instructions on
                                             accordance with 10 CFR part 430,                        Department of Energy’s (‘‘DOE’s’’) test     submitting comments and additional
                                             subpart B, appendix M and 10 CFR                        procedure for determining external          information on this process, see section
                                             429.16.                                                 power supply (‘‘EPS’’) energy efficiency. V of this document.
                                               (4) This waiver shall remain in effect                The waiver request pertains to adaptive        Docket: The docket, which includes
                                             consistent with the provisions of 10 CFR                EPSs that support a particular              Federal Register notices, comments,
                                             430.27.                                                 International Electrotechnical              and other supporting documents/
amozie on DSK30RV082PROD with NOTICES




                                               (5) This waiver is issued on the                      Commission standard. Under the              materials, is available for review at
                                             condition that the statements,                          existing DOE test procedure, the average http://www.regulations.gov. All
                                             representations, and documentation                      active mode efficiency of an adaptive       documents in the docket are listed in
                                             provided by JCI are valid. If JCI makes                 EPS must be tested at both its lowest       the http://www.regulations.gov index.
                                             any modifications to the controls or                    and highest achievable output voltages.     However, some documents listed in the
                                             configurations of these basic models, the               Huawei contends that since its specified index, such as those containing
                                             waiver would no longer be valid and JCI                 products operate above 2 amps current       information that is exempt from public


                                        VerDate Sep<11>2014   21:54 Mar 22, 2018   Jkt 244001   PO 00000   Frm 00024   Fmt 4703   Sfmt 4703   E:\FR\FM\23MRN1.SGM   23MRN1


                                             12738                            Federal Register / Vol. 83, No. 57 / Friday, March 23, 2018 / Notices

                                             disclosure, may not be publicly                          standards adopted pursuant to EPCA (42                waiver. 10 CFR 430.27(e)(2). Within one
                                             available.                                               U.S.C. 6295(s)), and (2) making                       year of issuance of an interim waiver,
                                               The docket web page can be found at                    representations about the efficiency of               DOE will either: (i) Publish in the
                                             http://www.regulations.gov/                              those products (42 U.S.C. 6293(c)).                   Federal Register a determination on the
                                             docket?D=EERE-2017-BT-WAV-0061.                          Similarly, DOE must use these test                    petition for waiver; or (ii) publish in the
                                             The docket web page contains simple                      procedures to determine whether a                     Federal Register a new or amended test
                                             instruction on how to access all                         product complies with relevant                        procedure that addresses the issues
                                             documents, including public comments,                    standards promulgated under EPCA. (42                 presented in the waiver. 10 CFR
                                             in the docket. See section V for                         U.S.C. 6295(s))                                       430.27(h)(1). When DOE amends the test
                                             information on how to submit                               Under 42 U.S.C. 6293, EPCA sets forth               procedure to address the issues
                                             comments through http://                                 the criteria and procedures DOE is                    presented in a waiver, the waiver will
                                             www.regulations.gov.                                     required to follow when prescribing or                automatically terminate on the date on
                                                                                                      amending test procedures for covered                  which use of that test procedure is
                                             FOR FURTHER INFORMATION CONTACT:
                                                                                                      products. EPCA requires that test                     required to demonstrate compliance. 10
                                               Ms. Lucy deButts, U.S. Department of
                                                                                                      procedures prescribed or amended                      CFR 430.27(h)(2).
                                             Energy, Building Technologies Office,
                                                                                                      under this section must be reasonably
                                             Mailstop EE–5B, 1000 Independence                                                                              II. Petition for Waiver of Test Procedure
                                                                                                      designed to produce test results which
                                             Avenue SW, Washington, DC 20585–                                                                               and Petition for Interim Waiver
                                                                                                      reflect the energy efficiency, energy use
                                             0121. Email: AS_Waiver_Request@                                                                                   On December 1, 2017, Huawei filed a
                                                                                                      or estimated annual operating cost of
                                             ee.doe.gov.                                                                                                    petition for waiver from the DOE test
                                                                                                      covered products during a
                                               Michael Kido, U.S. Department of                                                                             procedure for EPSs under 10 CFR
                                                                                                      representative average use cycle or
                                             Energy, Office of the General Counsel,                                                                         430.27 for several basic models of
                                                                                                      period of use and requires that test
                                             Mail Stop GC–33, Forrestal Building,                                                                           adaptive EPSs 3 that meet the provisions
                                                                                                      procedures not be unduly burdensome
                                             1000 Independence Avenue SW,                                                                                   of the International Electrotechnical
                                                                                                      to conduct. (42 U.S.C. 6293(b)(3)) The
                                             Washington, DC 20585–0103.                                                                                     Commission’s ‘‘Universal serial bus
                                                                                                      test procedure for EPSs is contained in
                                             Telephone: (202) 586–8145. Email:                                                                              interfaces for data and power—Part 1–
                                                                                                      Title 10 of the Code of Federal
                                             Michael.Kido@hq.doe.gov.                                                                                       2: Common components—USB Power
                                                                                                      Regulations (‘‘CFR’’) Part 430, subpart B,
                                             SUPPLEMENTARY INFORMATION:                               appendix Z, Uniform Test Method for                   Delivery’’ (‘‘IEC 62680–1–2:2017’’)
                                             I. Background and Authority                              Measuring the Energy Consumption of                   specification.4 The IEC specification
                                                                                                      External Power Supplies.                              describes the particular architecture,
                                                The Energy Policy and Conservation                      The regulations set forth in 10 CFR                 protocols, power supply behavior,
                                             Act of 1975 (‘‘EPCA’’ or ‘‘the Act’’),1                  430.27 provide that upon receipt of a                 connectors, and cabling necessary for
                                             Public Law 94–163 (42 U.S.C. 6291–                       petition, DOE will grant a waiver from                managing power delivery over a
                                             6317, as codified), among other things,                  the test procedure requirements if DOE                universal serial bus (‘‘USB’’) connection
                                             authorizes DOE to regulate the energy                    determines either that the basic model                at power levels of up to 100 watts
                                             efficiency of a number of consumer                       for which the waiver was requested                    (‘‘W’’). The purpose behind this
                                             products and industrial equipment.                       contains a design characteristic that                 specification is to help provide a
                                             Title III, Part B 2 of EPCA established the              prevents testing of the basic model                   standardized approach for power supply
                                             Energy Conservation Program for                          according to the prescribed test                      and peripheral developers to ensure
                                             Consumer Products Other Than                             procedures, or that the prescribed test               backward compatibility while retaining
                                             Automobiles, a program that includes                     procedures evaluate the basic model in                product design and marketing
                                             EPSs, which are the focus of this notice.                a manner so unrepresentative of its true              flexibility. See generally, IEC 62680–1–
                                             (42 U.S.C. 6291(36); 42 U.S.C. 6295(u)).                 energy or water consumption                           2:2017 (Abstract) (describing the
                                                Under EPCA, DOE’s energy                              characteristics as to provide materially              standard’s general provisions and
                                             conservation program consists                            inaccurate comparative data. 10 CFR                   purpose).
                                             essentially of four parts: (1) Testing, (2)              430.27(f)(2). DOE may grant the waiver                   In Huawei’s view, applying the DOE
                                             labeling, (3) Federal energy conservation                subject to conditions, including                      test procedure to the adaptive EPSs
                                             standards, and (4) certification and                     adherence to alternate test procedures.               specified in its petitions would yield
                                             enforcement procedures. Relevant                         Id.                                                   results that would be unrepresentative
                                             provisions of the Act include definitions                  As soon as practicable after the                    of the active-mode efficiency of those
                                             (42 U.S.C. 6291), energy conservation                    granting of any waiver, DOE will                      products. The DOE test procedure
                                             standards (42 U.S.C. 6295), test                         publish in the Federal Register a notice              requires that the average active-mode
                                             procedures (42 U.S.C. 6293), labeling                    of proposed rulemaking to amend its                   efficiency for adaptive EPSs be
                                             provisions (42 U.S.C. 6294), and the                     regulations so as to eliminate any need               measured by testing the unit twice—
                                             authority to require information and                     for the continuation of such waiver. As               once at the highest achievable output
                                             reports from manufacturers (42 U.S.C.                    soon thereafter as practicable, DOE will              voltage (‘‘V’’) and once at the lowest.
                                             6296).                                                   publish in the Federal Register a final               The test procedure requires that active-
                                                The Federal testing requirements                      rule. 10 CFR 430.27(l).                               mode efficiency be measured at four
                                             consist of test procedures that                            The waiver process also allows DOE                  loading conditions relative to the
                                             manufacturers of covered products must                   to grant an interim waiver from test
                                             use as the basis for: (1) Certifying to                  procedure requirements to                               3 The specific basic models for which the petition

                                             DOE that their products comply with                      manufacturers that have petitioned DOE                applies are EPS basic models HW–200200UPX,
                                                                                                                                                            HW–200300UPX, HW–200325UPX, and HW–
amozie on DSK30RV082PROD with NOTICES




                                             the applicable energy conservation                       for a waiver of such prescribed test                  200500UPX. These basic model names were
                                                                                                      procedures if it appears likely that the              provided by Huawei in its December 1, 2017
                                                1 All references to EPCA in this document refer
                                                                                                      petition for waiver will be granted and/              petition.
                                             to the statute as amended through the EPS                or if DOE determines that it would be                   4 International Electrotechnical Commission
                                             Improvement Act of 2017, Public Law 115–115                                                                    Universal serial bus interfaces for data and power—
                                             (January 12, 2018).                                      desirable for public policy reasons to                Part 1–2: Common components—USB Power
                                                2 For editorial reasons, upon codification in the     grant immediate relief pending a                      Delivery specification, https://webstore.iec.ch/
                                             U.S. Code, Part B was re-designated Part A.              determination on the petition for                     publication/26174/.



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                                                                             Federal Register / Vol. 83, No. 57 / Friday, March 23, 2018 / Notices                                               12739

                                             nameplate output current of the EPS.                    that presented the same issue as in                      11.25W, 7.5W, and 3.75W. Under the
                                             See 10 CFR 430.23(bb) and 10 CFR part                   Huawei’s petition.5 DOE has reviewed                     alternate test procedure suggested by
                                             430, subpart B, appendix Z. The lowest                  the alternate procedure suggested by                     Huawei, the average active mode
                                             achievable output voltage supported by                  Huawei. The procedure, which is the                      efficiency would equal the average of
                                             the IEC 62680–1–2:2017 specification is                 same as that specified in the recently                   the efficiencies when testing at 10W,
                                             5V and the nameplate current at this                    granted interim waiver, will allow for                   7.5W, 5W, and 2.5W. The petitioner
                                             voltage output is 3 amps (‘‘A’’), resulting             the accurate measurement of efficiency                   suggested taking the results from this
                                             in a power output of 15 W. Huawei                       of these products, while alleviating the                 alternate approach and comparing them
                                             contends that while the IEC 62680–1–                    testing problems associated with                         against the DOE efficiency requirements
                                             2:2017 specification requires the tested                Huawei’s implementation of EPS testing                   at 10W.
                                             EPS to support this power output, the                   for the basic models specified in its                       During the period of the interim
                                             15W at 5V condition will be rarely used                 petition. Consequently, it appears likely                waiver in this notice, the petitioner
                                             and only for brief periods of time, and                 that Huawei’s petition for waiver will be                must test the specified basic models
                                             that adaptive EPSs operating at 5V do                   granted. Furthermore, DOE has                            according to the test procedure as
                                             not exceed 10W for almost all usage                     determined that it is desirable for public               discussed in this section. Pursuant to
                                             conditions.                                             policy reasons to grant Huawei                           the test procedure waiver regulations at
                                                Huawei contends that, when charging                  immediate relief pending a                               10 CFR 430.27 and after considering
                                             a product that is sold or intended to be                determination of the petition for waiver.                public comments on the petition, DOE
                                             used with the EPS, the EPS charges at                                                                            will announce its decision as to an
                                             5 volts only with a dead battery or fully               III. Alternate Test Procedure                            alternate test procedure for the
                                             charged battery (and then at 0.5A or                       EPCA requires that manufacturers use                  petitioner in a subsequent Decision and
                                             less). At other times when more power                   DOE test procedures when making                          Order.
                                             is needed, the EPS will use a higher                    representations about the energy
                                                                                                     consumption and energy consumption                       IV. Summary of Grant of Interim
                                             voltage rail (greater than 5V). (A
                                                                                                     costs of products covered by the statute.                Waiver
                                             ‘‘voltage rail’’ refers to a single voltage
                                             provided by the relevant power supply                   (42 U.S.C. 6293(c)) Consistent                              For the reasons stated above, DOE has
                                             unit through a dedicated circuit/wire                   representations are important for                        informed the petitioner that it is
                                             used for that voltage.) Huawei further                  manufacturers to use in making                           granting the petition for interim waiver
                                             states that when using an adaptive EPS                  representations about the energy                         from testing for the specified EPS basic
                                             that supports the IEC 62680–1–2:2017                    efficiency of their products and to                      models. The substance of the Interim
                                             specification to charge an end-use                      demonstrate compliance with                              Waiver Order is summarized below.
                                             product of a manufacturer different from                applicable DOE energy conservation                          Huawei is required to use the
                                             the one who manufactured the EPS, it                    standards.                                               alternate test procedures set forth in this
                                             is likely that the product would charge                    In its petition, Huawei suggested that                notice to test and rate the EPS basic
                                             at less than 10W at 5V, or may even be                  the basic models listed in the petition be               models listed in the petition (HW–
                                             capable of exploiting the ability of an                 tested according to the DOE EPS test                     200200UPX, HW–200300UPX, HW–
                                             adaptive EPS to provide higher voltages                 procedure prescribed at 10 CFR part                      200325UPX, and HW–200500UPX).
                                             for faster charging.                                    431, subpart B, appendix Z, except to                    Huawei is permitted to make
                                                Accordingly, Huawei asserts that the                 modify the average active mode                           representations about the EPS efficiency
                                             DOE test procedure’s measurement of                     efficiency calculations by using the                     of these basic models for compliance,
                                             efficiency at the prescribed power level                average of four loading conditions                       marketing, or other purposes only to the
                                             (i.e., 5V, 3A) is unrepresentative of the               representing the same respective                         extent that such products have been
                                             true energy consumption of these EPSs.                  percentages of an output current of 2A                   tested in accordance with the provisions
                                             Consequently, it seeks a waiver from                    rather than at its highest nameplate                     set forth in the alternate test procedure
                                             DOE to permit it to use an alternate test               output current—in this case, 3A. Under                   and such representations fairly disclose
                                             procedure to measure the energy                         the current test procedure, when testing                 the results of such testing in accordance
                                             efficiency of the specified adaptive EPSs               an adaptive EPS at the lowest                            with 10 CFR 429.37.
                                             that support the IEC 62680–1–2:2017                     achievable output voltage, the measured                     DOE evaluates and grants waivers and
                                             specification by testing these devices at               average active mode efficiency is equal                  interim waivers for only those basic
                                             the lowest voltage, 5V, and at an output                to the average efficiency when testing                   models specifically set out in the
                                             power at 10W instead of 15W.                            the EPS at 100%, 75%, 50%, and 25%                       petition, not future models that may be
                                                Huawei also requests an interim                      of the nameplate output current of the                   manufactured by the petitioner. Huawei
                                             waiver from the existing DOE test                       EPS at that voltage. See 10 CFR part 430                 may request that DOE extend the scope
                                             procedure. DOE will grant an interim                    subpart B, appendix Z, sections 1.f and                  of a waiver or an interim waiver to
                                             waiver if it appears likely that the                    4(a)(i)(E), and Table 1. Thus, for an                    include additional basic models
                                             petition for waiver will be granted, and/               adaptive EPS with a lowest output                        employing the same technology as the
                                             or if DOE determines that it would be                   voltage of 5V and a nameplate output                     basic model(s) set forth in the original
                                             desirable for public policy reasons to                  current of 3A (resulting in a 15W output                 petition consistent with 10 CFR
                                             grant immediate relief pending a                        at 100% of the nameplate output                          430.27(g). In addition, DOE notes that
                                             determination of the petition for waiver.               current), the average active mode                        granting of an interim waiver or waiver
                                             See 10 CFR 430.27(e)(2).                                efficiency at the lowest output voltage                  does not release a petitioner from the
                                                DOE understands that, absent an                      would be equal to the average of the                     certification requirements set forth at 10
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                                             interim waiver, applying the current                    efficiencies when testing at 15W,                        CFR part 429. See also 10 CFR 430.27(a)
                                             DOE test procedure to the specified                                                                              and (i).
                                             adaptive EPS basic models would not                       5 See, Notice of Petition for Waiver of Apple, Inc.,      Unless otherwise rescinded or
                                             produce results representative of the                   Microsoft Corporation, Poin2 Lab, and Hefei Bitland      modified, the interim waiver shall
                                                                                                     Information Technology Co., Ltd. From the
                                             actual field usage of these products.                   Department of Energy External Power Supplies Test
                                                                                                                                                              remain in effect until such time as when
                                             DOE notes that it has recently granted                  Procedure and Grant of Interim Waiver. 82 FR             DOE amends the test procedure to
                                             interim waivers in response to petitions                23294 (July 24, 2017).                                   address the issues presented in the


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                                             12740                           Federal Register / Vol. 83, No. 57 / Friday, March 23, 2018 / Notices

                                             waiver and use of the amended test                      contact information will not be publicly                 Include contact information each time
                                             procedure is required to demonstrate                    viewable except for your first and last               you submit comments, data, documents,
                                             compliance. 10 CFR 430.27(h). DOE                       names, organization name (if any), and                and other information to DOE. If you
                                             may rescind or modify a waiver or                       submitter representative name (if any).               submit via mail or hand delivery, please
                                             interim waiver at any time upon a                       If your comment is not processed                      provide all items on a CD, if feasible. It
                                             determination that the factual basis                    properly because of technical                         is not necessary to submit printed
                                             underlying the petition for waiver or                   difficulties, DOE will use this                       copies. No facsimiles (faxes) will be
                                             interim waiver is incorrect, or upon a                  information to contact you. If DOE                    accepted.
                                             determination that the results from the                 cannot read your comment due to                          Comments, data, and other
                                             alternate test procedure are                            technical difficulties and cannot contact             information submitted to DOE
                                             unrepresentative of the basic models’                   you for clarification, DOE may not be                 electronically should be provided in
                                             true energy consumption characteristics.                able to consider your comment.                        PDF (preferred), Microsoft Word or
                                             See 10 CFR 430.27(k)(1). Likewise,                         However, your contact information                  Excel, WordPerfect, or text (ASCII) file
                                             Huawei may request that DOE rescind                     will be publicly viewable if you include              format. Provide documents that are not
                                             or modify the interim waiver if Huawei                  it in the comment or in any documents                 secured, written in English and free of
                                             discovers an error in the information                   attached to your comment. Any                         any defects or viruses. Documents
                                             provided to DOE as part of its petition,                information that you do not want to be                should not contain special characters or
                                             determines that the interim waiver is no                publicly viewable should not be                       any form of encryption and, if possible,
                                             longer needed, or for other appropriate                 included in your comment, nor in any                  they should carry the electronic
                                             reasons. 10 CFR 430.27(k)(2).                           document attached to your comment.                    signature of the author.
                                             Furthermore, this interim waiver is                     Persons viewing comments will see only                   Campaign form letters. Please submit
                                             conditioned upon the understanding                      first and last names, organization                    campaign form letters by the originating
                                             that the statements, representations, and               names, correspondence containing                      organization in batches of between 50 to
                                             documentary materials provided by                       comments, and any documents                           500 form letters per PDF or as one form
                                             Huawei are valid and accurate.                          submitted with the comments.                          letter with a list of supporters’ names
                                                                                                        Do not submit to http://                           compiled into one or more PDFs. This
                                             V. Summary and Request for Comments                     www.regulations.gov information for                   reduces comment processing and
                                                Through this notice, DOE announces                   which disclosure is restricted by statute,            posting time.
                                             receipt of Huawei’s petition for waiver                 such as trade secrets and commercial or                  Confidential Business Information.
                                             from the DOE test procedure for certain                 financial information (hereinafter                    According to 10 CFR 1004.11, any
                                             basic models of Huawei’s EPSs, and                      referred to as Confidential Business                  person submitting information that he
                                             DOE grants Huawei an interim waiver                     Information (‘‘CBI’’)). Comments                      or she believes to be confidential and
                                             from the test procedure for the EPS                     submitted through http://                             exempt by law from public disclosure
                                             basic models listed in Huawei’s                         www.regulations.gov cannot be claimed                 should submit via email, postal mail, or
                                             petition. DOE is publishing Huawei’s                    as CBI. Comments received through the                 hand delivery two well-marked copies:
                                             petition for waiver in its entirety,                    website will waive any CBI claims for                 one copy of the document marked
                                             pursuant to 10 CFR 430.27(b)(1)(iv).6                   the information submitted. For                        confidential including all the
                                             The petition includes a suggested                       information on submitting CBI, see the                information believed to be confidential,
                                             alternate test procedure, as discussed in               Confidential Business Information                     and one copy of the document marked
                                             section III of this notice, to determine                section.                                              ‘‘non-confidential’’ with the information
                                             the EPS efficiency of Huawei’s specified                   DOE processes submissions made                     believed to be confidential deleted.
                                             EPSs. DOE may consider including this                   through http://www.regulations.gov                    Submit these documents via email or on
                                             alternate procedure in a subsequent                     before posting. Normally, comments                    a CD, if feasible. DOE will make its own
                                                                                                     will be posted within a few days of                   determination about the confidential
                                             Decision and Order.
                                                DOE invites all interested parties to                being submitted. However, if large                    status of the information and treat it
                                             submit in writing by April 23, 2018,                    volumes of comments are being                         according to its determination.
                                                                                                     processed simultaneously, your                           Factors of interest to DOE when
                                             comments and information on all
                                                                                                     comment may not be viewable for up to                 evaluating requests to treat submitted
                                             aspects of the petition, including the
                                                                                                     several weeks. Please keep the comment                information as confidential include (1) a
                                             alternate test procedure. Pursuant to 10
                                                                                                     tracking number that http://                          description of the items, (2) whether
                                             CFR 430.27(d), any person submitting
                                                                                                     www.regulations.gov provides after you                and why such items are customarily
                                             written comments to DOE must also
                                                                                                     have successfully uploaded your                       treated as confidential within the
                                             send a copy of such comments to the
                                                                                                     comment.                                              industry, (3) whether the information is
                                             petitioner. The contact information for
                                                                                                        Submitting comments via email, hand                generally known by or available from
                                             the petitioner is Mr. Dennis Amari,
                                                                                                     delivery, or mail. Comments and                       other sources, (4) whether the
                                             Director of Federal & Regulatory Affairs,
                                                                                                     documents submitted via email, hand                   information has previously been made
                                             Huawei Technologies, Co. Ltd., 875 15th
                                                                                                     delivery, or mail also will be posted to              available to others without obligation
                                             Street NW, Suite 825, Washington, DC
                                                                                                     http://www.regulations.gov. If you do                 concerning its confidentiality, (5) an
                                             20005.
                                                                                                     not want your personal contact                        explanation of the competitive injury to
                                                Submitting comments via http://
                                                                                                     information to be publicly viewable, do               the submitting person which would
                                             www.regulations.gov. The http://
                                                                                                     not include it in your comment or any                 result from public disclosure, (6) when
                                             www.regulations.gov web page will
                                                                                                     accompanying documents. Instead,                      such information might lose its
                                             require you to provide your name and
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                                                                                                     provide your contact information on a                 confidential character due to the
                                             contact information. Your contact
                                                                                                     cover letter. Include your first and last             passage of time, and (7) why disclosure
                                             information will be viewable to DOE
                                                                                                     names, email address, telephone                       of the information would be contrary to
                                             Building Technologies staff only. Your
                                                                                                     number, and optional mailing address.                 the public interest.
                                               6 Huawei did not claim that any portion of its        The cover letter will not be publicly                    It is DOE’s policy that all comments
                                             petition contained confidential business                viewable as long as it does not include               may be included in the public docket,
                                             information.                                            any comments.                                         without change and as received,


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                                                                             Federal Register / Vol. 83, No. 57 / Friday, March 23, 2018 / Notices                                                        12741

                                             including any personal information                      incorporate similar design                               they provide energy efficient charging
                                             provided in the comments (except                        characteristics to those for which DOE                   with less resistive loss and accelerate
                                             information deemed to be exempt from                    has already granted an interim waiver                    the charging process which reduces the
                                             public disclosure).                                     conditioned on the use of an alternate                   overall time needed to charge a
                                               Issued in Washington, DC, on March 9,                 testing procedure.6 Thus, as the                         product’s battery. They can also be
                                             2018.                                                   prescribed test procedures would result                  readily reused when devices are
                                             Kathleen B. Hogan,                                      in materially inaccurate comparative                     replaced.9 While convenient for
                                             Deputy Assistant Secretary for Energy                   data for the basic models of the adaptive                consumers, adaptive EPSs further yield
                                             Efficiency, Energy Efficiency and Renewable             ESPs listed in Appendix I and DOE has                    environmental benefits by providing
                                             Energy.                                                 granted interim waivers for testing of                   more efficient energy use, reduced
                                                                                                     other manufacturers’ basic models with                   packaging with less landfill waste and a
                                             Before the United States Department of                  similar design characteristics, Huawei                   decreased need for transportation
                                             Energy Washington, DC 20585                             requests that DOE grant a waiver for                     shipments.10
                                               In the Matter of Energy Efficiency                    these basic models and provide for the                      The current DOE test procedure
                                             Program: Test Procedures for External                   same alternate testing procedures as                     requires measurement of average active-
                                             Power Supplies, Docket No. EERE–                        those approved for other                                 mode efficiency for adaptive EPSs at
                                             2014–BT–TP–0043, RIN 1904–AD36.                         manufacturers.7                                          four load points—100%, 75%, 50%, and
                                             Petition of Huawei Technologies Co.,                    I. Basic Models of Adaptive EPSs                         25%—for each of the highest and lowest
                                             Ltd. for Waiver and Application for                     Applicable to this Waiver Petition                       voltage levels.11 The average efficiency
                                             Interim Waiver of Test Procedures for                                                                            is deemed to be the arithmetic mean of
                                                                                                        The basic models for which a waiver                   the efficiency values calculated at the
                                             External Power Supplies                                 is requested are the adaptive EPSs set                   four load points.12
                                                Huawei Technologies Co., Ltd.                        forth in Appendix I. All of these basic                     The lowest achievable output voltage
                                             (‘‘Huawei’’) 1 respectfully submits this                models are manufactured by Huawei                        supported by the basic models is 5 volts
                                             Petition for Waiver and Application for                 Technologies Co., Ltd. and will be                       (V), which corresponds to a maximum
                                             Interim Waiver to the U.S. Department                   distributed in commerce in the United                    power of 15W.13 According to
                                             of Energy (‘‘DOE’’) on the test                         States under the ‘‘Huawei’’ brand name.                  International Electrotechnical
                                             procedures prescribed in 10 CFR 430.23,                                                                          Commission’s (‘‘IEC’’) USB Power
                                                                                                     II. Basis for Requested Waiver
                                             Subpart B, Appendix Z,2 for                                                                                      Delivery Specification (IEC 62680–1–
                                             determining the energy efficiency of                       As described in the earlier petitions
                                                                                                                                                              2:2017), the product shall support 15 W
                                             certain adaptive external power                         for which DOE granted interim waivers,
                                                                                                                                                              at 5V.14
                                             supplies (‘‘EPSs’’).3 As set forth herein,              adaptive EPSs are highly useful
                                                                                                                                                                 Adaptive EPSs are increasingly used
                                             Huawei submits that the basic models of                 consumer products that have beneficial
                                                                                                                                                              with tablets, mobile phones, and similar
                                             the adaptive EPSs identified in                         environmental attributes.8 For example,
                                                                                                                                                              hand-held devices. These devices
                                             Appendix I of this petition satisfy the                                                                          constitute the typical primary load of
                                                                                                        6 See Notice of Petition for Waiver of Apple, Inc.,
                                             criteria for a waiver as specified in rules                                                                      adaptive EPSs. In conformance with the
                                                                                                     Microsoft Corporation, Poin2 Lab, and Hefei Bitland
                                             governing DOE’s Energy Conservation                     information Technology Co., Ltd. From the                IEC USB Power Delivery Specification,
                                             Program for Consumer Products.4 That                    Department of Energy External Power Supplies Test        the adaptive EPSs listed in Appendix I
                                             is, the prescribed test procedures for                  Procedure and Grant of Interim Waiver, 82 FR
                                                                                                                                                              are required to support 15W (5V
                                             evaluating these adaptive EPSs are so                   34294 (July 24, 2017). Pursuant to Program rules at
                                                                                                     430 CFR 430.27 (j), Huawei submits this petition for     3A[amps]) when used with these
                                             unrepresentative of their true energy                   waiver and application for interim waiver as it is       devices.15 However, these devices very
                                             consumption characteristics that such                   a manufacturer which does not currently distribute       rarely consume the power of 15W and
                                             testing would result in materially                      adaptive EPSs in commerce in the United States
                                                                                                     that employ the particular technology or have the        do not exceed 10W in nearly all real-
                                             inaccurate comparative data. Huawei                     same particular characteristic as those identified in    world usage scenarios.
                                             therefore requests that the alternate test              the petitions noted here. Hence, prior to                   As described to DOE in earlier
                                             procedure described below serve the                     distributing in commerce in the United States the
                                                                                                                                                              petitions,16 evaluation of adaptive EPSs
                                             purpose of evaluating the energy                        adaptive EPSs identified in Appendix 1, Huawei
                                                                                                     submits this petition for waiver and request for         at the 15W power level does not
                                             consumption characteristics of these                    interim waiver of these EPS basic models.                represent actual energy consumption
                                             adaptive EPSs.5                                            7 Huawei notes that DOE has stated it will publish
                                                                                                                                                              characteristics of the basic models listed
                                                Huawei also notes that basic models                  in the Federal Register either: a ‘‘Decision and
                                                                                                                                                              in Appendix I because the 15W at 5V
                                             of adaptive EPSs listed in Appendix I                   Order’’ as to the continued use of the alternate
                                                                                                     testing procedure approved as part of the earlier        power level will only be used in
                                                1 Huawei is a leading global provider information
                                                                                                     waiver petitions or a modified version thereof; or       extremely rare instances for very short
                                                                                                     a new amended testing procedure. 82 FR 34294,            periods of time. Therefore, Huawei
                                             and communications technology solutions,                34297 (July 24, 2017). While DOE final action may
                                             products, and services that are used in more than       resolve the issue of testing all basic models of
                                             170 countries and regions—including in the United       adaptive EPSs under the latter scenario, Huawei            9 See  Id.
                                             States—and serve over one-third of the world’s          requests immediate relief by the grant of an interim       10 See  Id.
                                             population, enabling the future information society     waiver and, to the extent necessary, a waiver from          11 See § 430.23, Subpart B, Appendix Z, 4(a)(i)(C),
                                             and building a Better Connected World. See http://      the prescribed test procedures.                          (E) and (H); see also Apple Petition at 3; Microsoft
                                             www.huawei.com/en/.                                        8 See Petition of Apple, Inc. for Waiver and
                                                2 See 10 CFR 430.23, Subpart B, Appendix Z
                                                                                                                                                              Petition at 2; Poin2 Lab. Petition at 2; and Hefei
                                                                                                     Application for Interim Waiver of Test Procedures        Petition at 2.
                                             (2017) (uniform test method for measuring the           for External Power Supplies (June 8, 2017) at 2             12 See § 430.23, Subpart B, Appendix Z, 4(a)(i)(H).
                                             energy consumption of external power supplies);         (‘‘Apple Petition’’); Petition of Microsoft                 13 See Id.; see also Apple Petition at 3; Microsoft
                                             see also 10 CFR 430.27 (2017) (setting forth rules      Corporation for Waiver and Application for Interim
                                             for petition for waiver and interim waiver).                                                                     Petition at 2; Poin2 Lab. Petition at 2–3; and Hefei
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                                                                                                     Waiver of Test Procedures for External Power             Petition at 2–3.
                                                3 As defined in Federal rules, an adaptive EPS is
                                                                                                     Supplies (June 8, 2017) at 2 (‘‘Microsoft Petition’’);      14 IEC 62680–1–2:2017, Universal serial bus
                                             ‘‘an external power supply that can alter its output    Petition of Poin2Lab for Waiver and Application for
                                             voltage during active-mode based on an established      Interim Waiver of Test Procedures for External           interfaces for data and power—Part 1–2: Common
                                             digital communication protocol with the end-use         Power Supplies (June 8, 2017) at 2 (‘‘Poin2Lab           components—USB Power Delivery Specifications.
                                             application without any user generated action.’’ See    Petition’’); and Petition of Hefei Bitland Technology    See: https://webstore.iec.ch/publication/29564.
                                             10 CFR 430.2 (2017).                                    Co., Ltd. for Waiver Application for Interim Waiver         15 See Id.
                                                4 See 10 CFR 430.27(a)(1).                                                                                       16 See Apple Petition at 4; Microsoft Petition at
                                                                                                     of Test Procedures for External Power Supplies
                                                5 See 10 CFR 430.27 (b)(1)(iii).                     (June 22, 2017) at 2 (‘‘Hefei Petition’’).               3; Poin2 Lab. Petition at 3; and Hefei Petition at 3.



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                                             12742                            Federal Register / Vol. 83, No. 57 / Friday, March 23, 2018 / Notices

                                             agrees that ‘‘evaluation of adaptive EPSs               IV. Request for Interim Waiver                        waiver for the basic models of the
                                             at the 15W power level when evaluating                                                                        adaptive EPSs listed in Appendix I.
                                             efficiency at the lowest voltage rail (5V)                 Huawei also requests that DOE grant
                                                                                                     an interim waiver for testing and rating              V. List of Manufacturers
                                             is grossly unrepresentative of the actual
                                             energy consumption characteristics of                   of the basic models of adaptive EPSs                     A list of manufacturers of all other
                                             these models in real world usage.’’ 17 As               listed in Appendix I. As DOE stated on                basic models of adaptive ESPs
                                             such, Huawei joins the earlier                          the earlier petitions, ‘‘absent an interim            distributed in commerce in the United
                                             petitioners’ request that DOE grant a                   waiver, the basic models identified. . .              States and known to Huawei that
                                             waiver with the alternate test procedure                cannot be tested and rated for energy                 incorporate design characteristic(s)
                                             described below.                                        consumption on the basis of their true                similar to those found in the basic
                                                                                                     characteristics.’’ 20 Further, DOE                    models that are the subject of the
                                             III. Proposed Alternate Test Procedure
                                                                                                     concluded ‘‘that [the alternate test                  petition is provided in Appendix II. The
                                                Consistent with the approved                         procedure] will allow for the accurate                list is identical to the list included in
                                             alternate test procedure included in the                measurement of the energy use of these                the earlier petitions with the addition of
                                             earlier waiver petitions granted by                     products, while alleviating the testing               the four petitioners.23
                                             DOE,18 Huawei requests that the same                    problems associated with petition’s                   *      *     *     *      *
                                             test procedure be allowed for purposes                  implementation of EPS testing for their
                                             of evaluating the performance of the                                                                             Huawei requests expedited
                                                                                                     adaptive EPSs that support the IEC                    consideration of this Waiver Petition
                                             basic models of adaptive EPSs listed in                 62680–1–2:2017 specification,’’ and that
                                             Appendix I. Specifically, Huawei                                                                              and Application for Interim Waiver and
                                                                                                     ‘‘the petition for waiver will likely be              is willing to promptly provide any
                                             requests DOE allow performance testing                  granted and has decided that it is
                                             as follows:                                                                                                   additional information DOE believes
                                                                                                     desirable for public policy reasons to                may be necessary for that purpose.
                                                ‘‘The applicable method of test for the              grant petitioners immediate relief
                                             basic models . . . is the test procedure                pending a determination on the petition               VI. Conclusion
                                             for EPSs prescribed by DOE at 10 CFR                    for waiver,’’ 21
                                             part 430, subpart B, Appendix Z, except                                                                        DOE should grant the requested
                                             that under section 4(a)(i)(E) and Table 1                  In addition, without waiver relief,                waiver and interim waiver for the basic
                                             of Appendix Z, adaptive EPSs that meet                  Huawei will be subject to requirements                models of adaptive EPSs listed in
                                             the IEC 62680–1–2:2017 specification                    that should not apply to these products;              Appendix I.
                                             must be tested such that the 100%                       that is, compliance with both the IEC                 Respectfully submitted,
                                             nameplate loading condition when                        62680–1–2:2017 specification and the                  Huawei Technologies, Co. Ltd.
                                             testing at the lowest achievable output                 current DOE test procedure                            Dennis J. Amari,
                                             voltage is 2A (which corresponds to all                 requirements for these adaptive EPSs,                 Director, Federal & Regulatory Affairs, 875
                                             output power of 10 watts). The 75%,                     simultaneously, is not possible. Further,             15th Street, NW, Suite 825, Washington DC
                                             50% and 25% loading conditions shall                    Huawei’s ability to distribute its                    20005, (202) 289–6510, dennis.amari@
                                             be scaled accordingly and the nameplate                 adaptive EPSs in commerce in the                      huawei.com
                                             output power of such an EPS, at the                     United States will be impaired, thereby               December 1, 2017
                                             lowest output voltage, shall be equal to                placing Huawei at a competitive
                                             10 watts.’’ 19                                                                                                APPENDIX I
                                                                                                     disadvantage in relation to other
                                             Huawei recommends that a waiver, if                     manufacturers and distributors absent a                 The waiver and interim waiver
                                             granted, continue until such time as                    favorable determination by DOE.22 For                 requested herein should apply to testing
                                             DOE adopts an applicable amended test                   all of the reasons outlined above,                    and rating of the following basic
                                             procedure for adaptive EPSs.                            Huawei likewise requests an interim                   models:

                                                              Model                                 Product Type                    Nameplate Input Rating (AC)           Nameplate Output Rating (DC)

                                             HW–200200UPX ............................   Adaptive Single Voltage External         100–240V∼, 50–60Hz,1.2A ..........    Highest output voltage: 20V, 2A
                                                                                           Power Supply.                                                                  (40W)Lowest output voltage:
                                                                                                                                                                          5V, 3A (15W).
                                             HW–200300UPX ............................   Adaptive Single Voltage External         100–240V∼, 50–60Hz,1.8A ..........    Highest output voltage: 20V, 3A
                                                                                           Power Supply.                                                                  (60W)Lowest output voltage:
                                                                                                                                                                          5V, 3A (15W).
                                             HW–200325UPX ............................   Adaptive Single Voltage External         100–240V∼, 50–60Hz,1.8A ..........    Highest output voltage: 20V,
                                                                                           Power Supply.                                                                  3.25A (65W)Lowest output volt-
                                                                                                                                                                          age: 5V, 3A (15W).
                                             HW–200500UPX ............................   Adaptive Single Voltage External         100–240V∼, 50–60Hz,2.0A ..........    Highest output voltage: 20V, 5A
                                                                                           Power Supply.                                                                  (100W)Lowest output voltage:
                                                                                                                                                                          5V, 3A (15W).



                                             APPENDIX II                                             characteristics similar to those found in             Apple, Inc.
                                               The following are manufacturers of all                the basic models that are the subject of              Bitland
                                             other basic models distributed in                       the petition for waiver:                              Chicony Power Technology
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                                             commerce in the United States and                       Acbel                                                 Chrontel, Inc.
                                             known to Huawei to incorporate design                   Active-Semi, Inc.                                     Dell
                                               17 See Id.                                              20 See 82 FR 34294, 34296 (July 24, 2017).            23 See Apple Petition, Appendix II at 13;

                                               18 See 82 FR 34294, 34296 (July 24, 2017).              21 See Id.                                          Microsoft Petition, Appendix II at 12; Poin2 Lab.
                                               19 See Id.                                              22 See 10 CFR 430.27(B)(2).                         Petition, Appendix II at 12; and Hefei Petition,
                                                                                                                                                           Appendix II at 12.



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                                                                             Federal Register / Vol. 83, No. 57 / Friday, March 23, 2018 / Notices                                                 12743

                                             Honor Electronic Co., Ltd.                              the Federal Power Act (16 U.S.C.                      program website at http://energy.gov/
                                             Huntkey                                                 824a(e)).                                             node/11845, or by emailing Angela Troy
                                             Ever Win International Corp.                               On April 16, 2013, DOE issued Order                at Angela.Troy@hq.doe.gov.
                                             Griffin Technology LLC                                  No. EA–336–A to COP which                               Issued in Washington, DC, on March 15,
                                             LG Electronics USA, Inc                                 authorized the Applicant to transmit                  2018.
                                             Liteon                                                  electric energy from the United States to             Christopher Lawrence,
                                             Lucent Trans Electronics Co., Ltd.                      Mexico as a power marketer for a five-
                                                                                                                                                           Electricity Policy Analyst, Office of Electricity
                                             Microsoft Corporation                                   year term using existing international                Delivery and Energy Reliability.
                                             Mobileconn Technology Co., Ltd.                         transmission facilities. That authority
                                                                                                                                                           [FR Doc. 2018–05942 Filed 3–22–18; 8:45 am]
                                             Phihong Technology Co., Ltd.                            expires on April 16, 2018. On February
                                                                                                                                                           BILLING CODE 6450–01–P
                                             Poin2 Lab                                               13, 2018, COP filed an application with
                                             Renesas Electronics Corp.                               DOE for renewal of the export authority
                                             Salcomp Plc                                             contained in Order No. EA–336–A for
                                                                                                                                                           DEPARTMENT OF ENERGY
                                             Samsung                                                 an additional five-year term.
                                             STMicroelectronics                                         In its application, COP states that it             Federal Energy Regulatory
                                             Superior Communications                                 does not own or operate any electric                  Commission
                                             Texas Instruments                                       generation or transmission facilities.
                                             Ventev Mobile                                           The electric energy that COP proposes                 Combined Notice of Filings #1
                                             Weltrend Semiconductor                                  to export to Mexico would be purchased
                                             Xentris Wireless                                        from third parties such as electric                      Take notice that the Commission
                                                                                                     utilities and Federal power marketing                 received the following electric corporate
                                               Sources include: ‘‘USB Power
                                                                                                     agencies pursuant to voluntary                        filings:
                                             Brick’’, USB Implementers Forum, Inc.,
                                             http://www.usb.org/kcomplianceview/                     agreements. The existing international                   Docket Numbers: EC18–55–000.
                                             CertifiedUSBPowerBricks.pdf                             transmission facilities to be utilized by                Applicants: EAM Nelson Holding,
                                             [FR Doc. 2018–05939 Filed 3–22–18; 8:45 am]             COP have previously been authorized                   LLC, Entergy Nuclear Generation
                                             BILLING CODE 6450–01–P
                                                                                                     by Presidential Permits issued pursuant               Company, Entergy Nuclear Indian Point
                                                                                                     to Executive Order 10485, as amended,                 2, LLC, Entergy Nuclear Indian Point 3,
                                                                                                     and are appropriate for open access                   LLC, Entergy Nuclear Palisades, LLC,
                                             DEPARTMENT OF ENERGY                                    transmission by third parties.                        Entergy Nuclear Power Marketing, LLC,
                                                                                                        Procedural Matters: Any person                     Entergy Power, LLC, EWO Marketing,
                                             [OE Docket No. EA–336–B]                                desiring to be heard in this proceeding               LLC, RS Cogen, LLC.
                                                                                                     should file a comment or protest to the                  Description: Supplement to February
                                             Application To Export Electric Energy;                  application at the address provided
                                             ConocoPhillips Company                                                                                        8, 2018 Joint application of EAM Nelson
                                                                                                     above. Protests should be filed in                    Holding, LLC, et al., for FPA Section
                                             AGENCY: Office of Electricity Delivery                  accordance with Rule 211 of the Federal               203 authorization.
                                             and Energy Reliability, DOE.                            Energy Regulatory Commission’s (FERC)                    Filed Date: 3/15/18.
                                             ACTION: Notice of application.
                                                                                                     Rules of Practice and Procedures (18                     Accession Number: 20180315–5157.
                                                                                                     CFR 385.211). Any person desiring to                     Comments Due: 5 p.m. ET 3/26/18.
                                             SUMMARY:   ConocoPhillips Company                       become a party to these proceedings                      Docket Numbers: EC18–71–000.
                                             (COP or Applicant) has applied to                       should file a motion to intervene at the                 Applicants: NorthWestern
                                             renew its authority to transmit electric                above address in accordance with FERC                 Corporation, NJR Clean Energy Ventures
                                             energy from the United States to Mexico                 Rule 214 (18 CFR 385.214). Five copies                II Corporation.
                                             pursuant to the Federal Power Act.                      of such comments, protests, or motions                   Description: Application of
                                             DATES: Comments, protests, or motions                   to intervene should be sent to the                    NorthWestern Corporation, et al. for
                                             to intervene must be submitted on or                    address provided above on or before the               FPA Section 203 Authorization.
                                             before April 23, 2018.                                  date listed above.                                       Filed Date: 3/16/18.
                                                                                                        Comments and other filings                            Accession Number: 20180316–5134.
                                             ADDRESSES: Comments, protests,                          concerning COP’s application to export
                                             motions to intervene, or requests for                                                                            Comments Due: 5 p.m. ET 4/6/18.
                                                                                                     electric energy to Mexico should be
                                             more information should be addressed                                                                             Take notice that the Commission
                                                                                                     clearly marked with OE Docket No. EA–
                                             to: Office of Electricity Delivery and                                                                        received the following electric rate
                                                                                                     336–B. An additional copy is to be
                                             Energy Reliability, Mail Code: OE–20,                                                                         filings:
                                                                                                     provided directly to both Casey P.
                                             U.S. Department of Energy, 1000                         McFaden and Robert F. Bonner,                            Docket Numbers: ER18–1–003.
                                             Independence Avenue SW, Washington,                     ConocoPhillips Company, 600 North                        Applicants: California Independent
                                             DC 20585–0350. Because of delays in                     Dairy Ashford, Houston, TX 77079.                     System Operator Corporation.
                                             handling conventional mail, it is                          A final decision will be made on this                 Description: Compliance filing: 2018–
                                             recommended that documents be                           application after the environmental                   03–16 Reliability Services Initiative
                                             transmitted by overnight mail, by                       impacts have been evaluated pursuant                  Phase 1b and Phase 2 Compliance to be
                                             electronic mail to Electricity.Exports@                 to DOE’s National Environmental Policy                effective 3/16/2018.
                                             hq.doe.gov, or by facsimile to 202–586–                 Act Implementing Procedures (10 CFR                      Filed Date: 3/16/18.
                                             8008.                                                   part 1021) and after a determination is                  Accession Number: 20180316–5077.
                                             SUPPLEMENTARY INFORMATION: Exports of                   made by DOE that the proposed action                     Comments Due: 5 p.m. ET 4/6/18.
amozie on DSK30RV082PROD with NOTICES




                                             electricity from the United States to a                 will not have an adverse impact on the                   Docket Numbers: ER10–2063–002.
                                             foreign country are regulated by the                    sufficiency of supply or reliability of the              Applicants: Otter Tail Power
                                             Department of Energy (DOE) pursuant to                  U.S. electric power supply system.                    Company.
                                             sections 301(b) and 402(f) of the                          Copies of this application will be                    Description: Errata to December 28,
                                             Department of Energy Organization Act                   made available, upon request, for public              2017 Triennial MBR Report for Central
                                             (42 U.S.C. 7151(b), 7172(f)) and require                inspection and copying at the address                 Region of Otter Tail Power Company.
                                             authorization under section 202(e) of                   provided above, by accessing the                         Filed Date: 3/15/18.


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Document Created: 2018-11-01 08:54:07
Document Modified: 2018-11-01 08:54:07
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 petition for waiver, granting of an interim waiver, and request for public comment.
DatesWritten comments and information are requested and will be accepted on or before April 23, 2018.
ContactMs. Lucy deButts, U.S. Department of Energy, Building Technologies Office, Mailstop EE-5B, 1000 Independence Avenue SW, Washington, DC 20585-0121. Email: [email protected]
FR Citation83 FR 12737 

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