83_FR_25554 83 FR 25448 - Notice of Decision and Order Granting a Waiver to Huawei From the Department of Energy External Power Supply Test Procedure

83 FR 25448 - Notice of Decision and Order Granting a Waiver to Huawei From the Department of Energy External Power Supply Test Procedure

DEPARTMENT OF ENERGY

Federal Register Volume 83, Issue 106 (June 1, 2018)

Page Range25448-25450
FR Document2018-11793

This notice announces a Decision and Order granting Huawei Technologies, Co. Ltd. (``Huawei'') a waiver from specified portions of the DOE test procedure for determining the energy efficiency of specified external power supply (``EPS'') basic models. Huawei is required to test and rate the specified basic models of its EPS in accordance with the alternate test procedure described in the Decision and Order.

Federal Register, Volume 83 Issue 106 (Friday, June 1, 2018)
[Federal Register Volume 83, Number 106 (Friday, June 1, 2018)]
[Notices]
[Pages 25448-25450]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-11793]


=======================================================================
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DEPARTMENT OF ENERGY

[Case Number 2017-014]


Notice of Decision and Order Granting a Waiver to Huawei From the 
Department of Energy External Power Supply Test Procedure

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

ACTION: Notice of decision and order.

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

SUMMARY: This notice announces a Decision and Order granting Huawei 
Technologies, Co. Ltd. (``Huawei'') a waiver from specified portions of 
the DOE test procedure for determining the energy efficiency of 
specified external power supply (``EPS'') basic models. Huawei is 
required to test and rate the specified basic models of its EPS in 
accordance with the alternate test procedure described in the Decision 
and Order.

DATES: The Decision and Order is effective on June 1, 2018.

FOR FURTHER INFORMATION CONTACT:
    Ms. Lucy deButts, U.S. Department of Energy, Office of Energy 
Efficiency and Renewable Energy, Building Technologies Office, EE-5B, 
1000 Independence Avenue SW, Washington, DC 20585-0121. Telephone: 
(202) 287-1604. E-mail: AS_Waiver_Requests@ee.doe.gov.
    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: 
Michael.Kido@hq.doe.gov.

SUPPLEMENTARY INFORMATION: On December 1, 2017, Huawei filed a petition 
for waiver and an application for interim waiver from the applicable 
EPS test procedure set forth in 10 CFR part 430, subpart B, appendix Z. 
On March 23, 2018, DOE published a notice announcing its receipt of the 
petition for waiver and its granting Huawei an interim waiver. 83 FR 
12737. In that notice, DOE also solicited comments from interested 
parties on all aspects of the petition and specified an alternate test 
procedure that must be followed for testing and certifying the specific 
basic models for which Huawei requested a waiver. Id. On June 1, 2018, 
DOE publishes this notice announcing a Decision and Order granting a 
wavier to Huawei. This notice includes a copy of the Decision and Order 
DOE issued to Huawei.

    Issued in Washington, DC, on May 23, 2018.
Kathleen B. Hogan,
Deputy Assistant Secretary for Energy Efficiency, Energy Efficiency and 
Renewable Energy.

Case #2017-014

Decision and Order

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 the U.S. Department of Energy (``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 subject of 
this Order. (42 U.S.C. 6291(36); 42 U.S.C. 6295(u)) Under EPCA, DOE's 
energy conservation program consists essentially of four parts: (1) 
testing, (2) labeling, (3) Federal energy conservation standards, and 
(4) certification and enforcement procedures.
---------------------------------------------------------------------------

    \1\ All references to EPCA in this document refer to the statute 
as amended through the 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 redesignated as Part A.
---------------------------------------------------------------------------

    The Federal testing requirements consist of test procedures that 
manufacturers of covered products must use as the basis for: (1) 
certifying to DOE that their products comply with the applicable energy 
conservation standards adopted pursuant to EPCA (42

[[Page 25449]]

U.S.C. 6295(s)), and (2) making representations about the efficiency of 
that product (42 U.S.C. 6293(c)). Similarly, DOE must use these test 
procedures to determine whether the 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 any test procedures prescribed 
or amended under this section must be reasonably designed to produce 
test results which reflect energy efficiency, energy use or estimated 
annual operating cost of a covered product 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 the Code of Federal Regulations 
(``CFR'') at 10 CFR part 430, subpart B, appendix Z, Uniform Test 
Method for Measuring the Energy Consumption of External Power Supplies 
(``Appendix Z'').
    Under 10 CFR 430.27, any interested person may submit a petition 
for waiver from DOE's test procedure requirements. DOE will grant a 
waiver from the test procedure requirements if DOE determines either 
that the basic model for which the waiver was requested contains a 
design characteristic that prevents testing of the basic model 
according to the prescribed test procedures, or that the prescribed 
test procedures evaluate the basic model in a manner so 
unrepresentative of its true energy consumption characteristics as to 
provide materially inaccurate comparative data. 10 CFR 430.27(f)(2). 
DOE may grant the waiver subject to conditions, including adherence to 
alternate test procedures. Id.

II. Petition for Waiver: Assertions and Determinations

    By e-mail with attachment dated 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 purpose behind this specification is to help 
provide a standardized approach for power supply and peripheral 
developers to ensure backward compatibility while retaining product 
design and marketing flexibility. See generally, IEC 62680-1-2:2017 
(Abstract) (describing the standard's general provisions and purpose).
---------------------------------------------------------------------------

    \3\ The 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/
---------------------------------------------------------------------------

    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 nameplate output current of the EPS. 
See 10 CFR 430.23(bb) and Appendix Z. The lowest achievable output 
voltage supported by the IEC 62680-1-2:2017 specification is 5V and the 
nameplate current at this voltage output is 3 amps (``A''), resulting 
in a power output of 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 contended that, when charging a product that is sold or 
intended to be used with the adaptive 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 adaptive 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 stated 
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 asserted 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 sought 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.
    On March 23, 2018, DOE published a notice announcing its receipt of 
the petition for waiver, and granting Huawei an interim waiver. 83 FR 
12737. In the notice of petition for waiver, DOE reviewed the alternate 
test procedure suggested by Huawei and granted the interim waiver. DOE 
found that the alternate test procedure would allow for the accurate 
measurement of efficiency of these EPSs, while alleviating the testing 
problems associated with Huawei's implementation of EPS testing for the 
basic models specified in its petition. DOE also solicited comments 
from interested parties on all aspects of the petition and specified an 
alternate test procedure that must be followed for testing and 
certifying the specific basic models for which Huawei's requested a 
wavier. Id. DOE received no relevant comments in response to the notice 
of petition for waiver.\5\
---------------------------------------------------------------------------

    \5\ DOE received seven anonymous comments regarding issues 
unrelated to the waiver petition. See the docket for this notice at 
http://www.regulations.gov/docket?D=EERE-2017-BT-WAV-0061.
---------------------------------------------------------------------------

    Based on the information provided by Huawei, DOE has determined 
that the current test procedure at Appendix Z would evaluate the 
specified EPS basic models in a manner so unrepresentative of their 
true energy consumption characteristics as to provide materially 
inaccurate comparative data. Therefore, in the Decision and Order, DOE 
is requiring that Huawei test and rate the EPS basic models for which 
it has requested a waiver according to the alternate test procedure 
specified in the Decision and Order, which is identical to the 
procedure provided in the interim waiver.\6\
---------------------------------------------------------------------------

    \6\ The alternate test procedure specified in this Decision and 
Order is also identical to the alternate test procedure in the 
Decision and Order issuing individual waivers to Apple, Inc., 
Microsoft Corporation, Poin2 Lab, and Hefei Bitland Information 
Technology Co. Ltd. 83 FR 11738 (March 16, 2018).
---------------------------------------------------------------------------

    In its petition Huawei sought a test procedure waiver for certain 
basic models. The Decision and Order is applicable only to the basic 
models listed within it and does not extend to any other basic models.
    Manufacturers not currently distributing such a product in

[[Page 25450]]

commerce in the United States must petition for and be granted a waiver 
prior to the distribution in commerce of that product in the United 
States. Manufacturers may also submit a request for interim waiver 
pursuant to the requirements of 10 CFR 430.27.

III. Consultations with Other Agencies

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

IV. Order

    After careful consideration of all the material that was submitted 
by Huawei in this matter, DOE grants a waiver regarding the below 
specified basic models. Therefore, in accordance with 10 CFR 430.27, it 
is ORDERED that:
    (1) Huawei must test and rate Huawei brand EPS basic models HW-
200200UPX, HW-200300UPX, HW-200325UPX, HW-200500UPX in accordance with 
the alternate test procedure as set forth in paragraph (2) of this 
section.
    (2) The alternate test procedure for the Huawei basic models listed 
in paragraph (1) of this section of this Order is the test procedure 
for EPSs prescribed by DOE at Appendix Z, except that under section 
4(a)(i)(E) and Table 1 of Appendix Z, the adaptive EPSs must be tested 
such that when testing at the lowest achievable output voltage (i.e., 
5V), the Nameplate Output Current shall be 2A (which corresponds to an 
output power of 10W at the 100% loading condition). The 75%, 50%, and 
25% loading conditions shall be scaled accordingly and the nameplate 
output power of such an EPS, at the lowest output voltage, shall be 
equal to 10W.
    (3) Representations. Huawei must make representations about the 
efficiency of the basic models identified in paragraph (1) of this 
section for compliance, marketing, or other purposes only to the extent 
that the basic model has been tested in accordance with the provisions 
set forth above and such representations fairly disclose the results of 
such testing in accordance with Appendix Z and 10 CFR 429.37.
    (4) This waiver shall remain in effect according to the provisions 
of 10 CFR 430.27. This Decision and Order will terminate on the 
compliance date of any future updates to the test procedure for EPSs 
located in Appendix Z that address the issue presented in the waiver. 
At such time, testing to demonstrate compliance with standards, and any 
other representations of energy use, will require manufacturers to use 
the relevant test procedure for these products.
    (5) This waiver is issued on the condition that the statements, 
representations, and documentation provided by Huawei are valid. DOE 
may revoke or modify this waiver at any time if it determines the 
factual basis underlying the petition for waiver is incorrect, or the 
results from the alternate test procedure are unrepresentative of the 
basic models' true energy consumption characteristics. 10 CFR 
430.27(k)(1). Likewise, Huawei may request that DOE rescind or modify 
the waiver if Huawei discovers an error in the information provided to 
DOE as part of its petition, determines that the waiver is no longer 
needed, or for other appropriate reasons. 10 CFR 430.27(k)(2).
    (6) Granting of this waiver does not release Huawei from the 
certification requirements set forth at 10 CFR part 429.

    Signed in Washington, DC, on May 23, 2018.

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Kathleen B. Hogan,

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

[FR Doc. 2018-11793 Filed 5-31-18; 8:45 am]
 BILLING CODE 6450-01-P



                                               25448                            Federal Register / Vol. 83, No. 106 / Friday, June 1, 2018 / Notices

                                               of benefits under court orders issued                   Code of Federal Regulations via the                   Washington, DC 20585–0103.
                                               pursuant to the Denial of Federal                       Federal Digital System at: www.gpo.gov/               Telephone: (202) 586–8145. Email:
                                               Benefits Program.                                       fdsys. At this site you can view this                 Michael.Kido@hq.doe.gov.
                                                                                                       document, as well as all other                        SUPPLEMENTARY INFORMATION: On
                                               CATEGORIES OF INDIVIDUALS:
                                                                                                       documents of this Department                          December 1, 2017, Huawei filed a
                                                  The individuals whose records are                    published in the Federal Register, in                 petition for waiver and an application
                                               included in this matching program are                   text or Portable Document Format                      for interim waiver from the applicable
                                               individuals who are the subject of                      (PDF). To use PDF you must have                       EPS test procedure set forth in 10 CFR
                                               section 5301 denial of benefits court                   Adobe Acrobat Reader, which is                        part 430, subpart B, appendix Z. On
                                               orders, and all students who complete a                 available free at the site.                           March 23, 2018, DOE published a notice
                                               Free Application for Federal Student                      You may also access documents of ED                 announcing its receipt of the petition for
                                               Aid. ED receives data from the DOJ                      published in the Federal Register by                  waiver and its granting Huawei an
                                               DFB/DPFD system that is used to match                   using the article search feature at:                  interim waiver. 83 FR 12737. In that
                                               title IV, HEA applicant data in ED’s                    www.federalregister.gov. Specifically,                notice, DOE also solicited comments
                                               Central Processing System (Federal                      through the advanced search feature at                from interested parties on all aspects of
                                               Student Aid Application File (18–11–                    this site, you can limit your search to               the petition and specified an alternate
                                               01)).                                                   documents published by ED.                            test procedure that must be followed for
                                               CATEGORIES OF RECORDS:                                    Authority: 5 U.S.C. 552a; 21 U.S.C.                 testing and certifying the specific basic
                                                                                                       862(a)(1).                                            models for which Huawei requested a
                                                  ED will use the Social Security
                                                                                                                                                             waiver. Id. On June 1, 2018, DOE
                                               number (SSN), date of birth, and the                      Dated: May 29, 2018.
                                                                                                                                                             publishes this notice announcing a
                                               first two letters of an applicant’s last                James F. Manning,                                     Decision and Order granting a wavier to
                                               name for the match. These data                          Acting Chief Operating Officer Federal                Huawei. This notice includes a copy of
                                               elements are contained in ED’s Central                  Student Aid.                                          the Decision and Order DOE issued to
                                               Processing System. The DOJ DFB/DPFD                     [FR Doc. 2018–11856 Filed 5–31–18; 8:45 am]           Huawei.
                                               system contains the names, SSNs, dates                  BILLING CODE 4000–01–P
                                               of birth, and other identifying                                                                                 Issued in Washington, DC, on May 23,
                                                                                                                                                             2018.
                                               information regarding individuals
                                               convicted of Federal or State offenses                                                                        Kathleen B. Hogan,
                                                                                                       DEPARTMENT OF ENERGY                                  Deputy Assistant Secretary for Energy
                                               involving drug trafficking or possession
                                               of a controlled substance that have been                [Case Number 2017–014]                                Efficiency, Energy Efficiency and Renewable
                                                                                                                                                             Energy.
                                               denied Federal benefits by Federal or
                                               State courts. This system of records also               Notice of Decision and Order Granting                 Case #2017–014
                                               contains information concerning the                     a Waiver to Huawei From the
                                                                                                       Department of Energy External Power                   Decision and Order
                                               specific program or programs for which
                                               benefits have been denied, as well as the               Supply Test Procedure                                 I. Background and Authority
                                               duration of the period of ineligibility.                AGENCY: Office of Energy Efficiency and                  The Energy Policy and Conservation
                                               DOJ will make available for the                         Renewable Energy, Department of                       Act of 1975 (‘‘EPCA’’ or ‘‘the Act’’),1
                                               matching program the records of only                    Energy.                                               Public Law 94–163 (42 U.S.C. 6291–
                                               those individuals who have been denied                                                                        6317, as codified), among other things,
                                                                                                       ACTION: Notice of decision and order.
                                               Federal benefits under one or more of                                                                         authorizes the U.S. Department of
                                               the title IV, HEA programs.                             SUMMARY:   This notice announces a                    Energy (‘‘DOE’’) to regulate the energy
                                                                                                       Decision and Order granting Huawei                    efficiency of a number of consumer
                                               SYSTEM(S) OF RECORDS:
                                                                                                       Technologies, Co. Ltd. (‘‘Huawei’’) a                 products and industrial equipment.
                                                  DOJ system of records: DFB/DPFD                                                                            Title III, Part B 2 of EPCA established the
                                               (The most recent full DFB/DPFD system                   waiver from specified portions of the
                                                                                                       DOE test procedure for determining the                Energy Conservation Program for
                                               of records notice was published in the                                                                        Consumer Products Other Than
                                               Federal Register on May 10, 1999, 64                    energy efficiency of specified external
                                                                                                       power supply (‘‘EPS’’) basic models.                  Automobiles, a program that includes
                                               FR 25071.) ED system of records:                                                                              EPSs, which are the subject of this
                                               Federal Student Aid Application File                    Huawei is required to test and rate the
                                                                                                       specified basic models of its EPS in                  Order. (42 U.S.C. 6291(36); 42 U.S.C.
                                               (18–11–01). (The most recent ED system                                                                        6295(u)) Under EPCA, DOE’s energy
                                               of records notice was published in the                  accordance with the alternate test
                                                                                                       procedure described in the Decision and               conservation program consists
                                               Federal Register on August 3, 2011, 76                                                                        essentially of four parts: (1) testing, (2)
                                               FR 46774.) (Note: The ED Central                        Order.
                                                                                                                                                             labeling, (3) Federal energy conservation
                                               Processing System [CPS] is the ED                       DATES: The Decision and Order is                      standards, and (4) certification and
                                               information system that processes data                  effective on June 1, 2018.                            enforcement procedures.
                                               from the Federal Student Aid                            FOR FURTHER INFORMATION CONTACT:                         The Federal testing requirements
                                               Application File.)                                         Ms. Lucy deButts, U.S. Department of               consist of test procedures that
                                                  Accessible Format: Individuals with                  Energy, Office of Energy Efficiency and               manufacturers of covered products must
                                               disabilities can obtain this document in                Renewable Energy, Building                            use as the basis for: (1) certifying to DOE
                                               an accessible format (e.g., braille, large              Technologies Office, EE–5B, 1000                      that their products comply with the
                                               print, audiotape, or compact disc) by                   Independence Avenue SW, Washington,                   applicable energy conservation
daltland on DSKBBV9HB2PROD with NOTICES




                                               contacting the contact person listed in                 DC 20585–0121. Telephone: (202) 287–                  standards adopted pursuant to EPCA (42
                                               the preceding paragraph.                                1604. E-mail:
                                                  Electronic Access to This Document:                  AS_Waiver_Requests@ee.doe.gov.                           1 All references to EPCA in this document refer

                                               The official version of this document is                   Michael Kido, U.S. Department of                   to the statute as amended through the EPS
                                                                                                                                                             Improvement Act of 2017, Public Law 115–115
                                               the document published in the Federal                   Energy, Office of the General Counsel,                (January 12, 2018).
                                               Register. You may access the official                   Mail Stop GC–33, Forrestal Building,                     2 For editorial reasons, upon codification in the

                                               edition of the Federal Register and the                 1000 Independence Avenue SW,                          U.S. Code, Part B was redesignated as Part A.



                                          VerDate Sep<11>2014   17:06 May 31, 2018   Jkt 244001   PO 00000   Frm 00024   Fmt 4703   Sfmt 4703   E:\FR\FM\01JNN1.SGM   01JNN1


                                                                                Federal Register / Vol. 83, No. 106 / Friday, June 1, 2018 / Notices                                                     25449

                                               U.S.C. 6295(s)), and (2) making                         specification.4 The purpose behind this               efficiency at the prescribed power level
                                               representations about the efficiency of                 specification is to help provide a                    (i.e., 5V, 3A) is unrepresentative of the
                                               that product (42 U.S.C. 6293(c)).                       standardized approach for power supply                true energy consumption of these EPSs.
                                               Similarly, DOE must use these test                      and peripheral developers to ensure                   Consequently, it sought a waiver from
                                               procedures to determine whether the                     backward compatibility while retaining                DOE to permit it to use an alternate test
                                               product complies with relevant                          product design and marketing                          procedure to measure the energy
                                               standards promulgated under EPCA. (42                   flexibility. See generally, IEC 62680–1–              efficiency of the specified adaptive EPSs
                                               U.S.C. 6295(s))                                         2:2017 (Abstract) (describing the                     that support the IEC 62680–1–2:2017
                                                  Under 42 U.S.C. 6293, EPCA sets forth                standard’s general provisions and                     specification by testing these devices at
                                               the criteria and procedures DOE is                      purpose).                                             the lowest voltage, 5V, and at an output
                                               required to follow when prescribing or                     In Huawei’s view, applying the DOE                 power at 10W instead of 15W.
                                               amending test procedures for covered                    test procedure to the adaptive EPSs                      On March 23, 2018, DOE published a
                                               products. EPCA requires that any test                   specified in its petitions would yield                notice announcing its receipt of the
                                               procedures prescribed or amended                        results that would be unrepresentative                petition for waiver, and granting
                                               under this section must be reasonably                   of the active-mode efficiency of those                Huawei an interim waiver. 83 FR 12737.
                                               designed to produce test results which                  products. The DOE test procedure                      In the notice of petition for waiver, DOE
                                               reflect energy efficiency, energy use or                requires that the average active-mode                 reviewed the alternate test procedure
                                               estimated annual operating cost of a                    efficiency for adaptive EPSs be                       suggested by Huawei and granted the
                                               covered product during a representative                 measured by testing the unit twice—                   interim waiver. DOE found that the
                                               average use cycle or period of use and                  once at the highest achievable output                 alternate test procedure would allow for
                                               requires that test procedures not be                    voltage (‘‘V’’) and once at the lowest.               the accurate measurement of efficiency
                                               unduly burdensome to conduct. (42                       The test procedure requires that active-              of these EPSs, while alleviating the
                                               U.S.C. 6293(b)(3)) The test procedure for               mode efficiency be measured at four                   testing problems associated with
                                               EPSs is contained in the Code of Federal                loading conditions relative to the                    Huawei’s implementation of EPS testing
                                               Regulations (‘‘CFR’’) at 10 CFR part 430,               nameplate output current of the EPS.                  for the basic models specified in its
                                               subpart B, appendix Z, Uniform Test                     See 10 CFR 430.23(bb) and Appendix Z.                 petition. DOE also solicited comments
                                               Method for Measuring the Energy                         The lowest achievable output voltage                  from interested parties on all aspects of
                                               Consumption of External Power                           supported by the IEC 62680–1–2:2017                   the petition and specified an alternate
                                               Supplies (‘‘Appendix Z’’).                              specification is 5V and the nameplate                 test procedure that must be followed for
                                                                                                       current at this voltage output is 3 amps              testing and certifying the specific basic
                                                  Under 10 CFR 430.27, any interested
                                                                                                       (‘‘A’’), resulting in a power output of 15            models for which Huawei’s requested a
                                               person may submit a petition for waiver
                                                                                                       W. Huawei contends that while the IEC                 wavier. Id. DOE received no relevant
                                               from DOE’s test procedure
                                                                                                       62680–1–2:2017 specification requires                 comments in response to the notice of
                                               requirements. DOE will grant a waiver
                                                                                                       the tested EPS to support this power                  petition for waiver.5
                                               from the test procedure requirements if                                                                          Based on the information provided by
                                                                                                       output, the 15W at 5V condition will be
                                               DOE determines either that the basic                    rarely used and only for brief periods of             Huawei, DOE has determined that the
                                               model for which the waiver was                          time, and that adaptive EPSs operating                current test procedure at Appendix Z
                                               requested contains a design                             at 5V do not exceed 10W for almost all                would evaluate the specified EPS basic
                                               characteristic that prevents testing of the             usage conditions.                                     models in a manner so unrepresentative
                                               basic model according to the prescribed                    Huawei contended that, when                        of their true energy consumption
                                               test procedures, or that the prescribed                 charging a product that is sold or                    characteristics as to provide materially
                                               test procedures evaluate the basic model                intended to be used with the adaptive                 inaccurate comparative data. Therefore,
                                               in a manner so unrepresentative of its                  EPS, the EPS charges at 5 volts only                  in the Decision and Order, DOE is
                                               true energy consumption characteristics                 with a dead battery or fully charged                  requiring that Huawei test and rate the
                                               as to provide materially inaccurate                     battery (and then at 0.5A or less). At                EPS basic models for which it has
                                               comparative data. 10 CFR 430.27(f)(2).                  other times when more power is                        requested a waiver according to the
                                               DOE may grant the waiver subject to                     needed, the adaptive EPS will use a                   alternate test procedure specified in the
                                               conditions, including adherence to                      higher voltage rail (greater than 5V). (A             Decision and Order, which is identical
                                               alternate test procedures. Id.                          ‘‘voltage rail’’ refers to a single voltage           to the procedure provided in the interim
                                               II. Petition for Waiver: Assertions and                 provided by the relevant power supply                 waiver.6
                                               Determinations                                          unit through a dedicated circuit/wire                    In its petition Huawei sought a test
                                                                                                       used for that voltage.) Huawei further                procedure waiver for certain basic
                                                  By e-mail with attachment dated                      stated that when using an adaptive EPS                models. The Decision and Order is
                                               December 1, 2017, Huawei filed a                        that supports the IEC 62680–1–2:2017                  applicable only to the basic models
                                               petition for waiver from the DOE test                   specification to charge an end-use                    listed within it and does not extend to
                                               procedure for EPSs under 10 CFR                         product of a manufacturer different from              any other basic models.
                                               430.27 for several basic models of                      the one who manufactured the EPS, it                     Manufacturers not currently
                                               adaptive EPSs 3 that meet the provisions                is likely that the product would charge               distributing such a product in
                                               of the International Electrotechnical                   at less than 10W at 5V, or may even be
                                               Commission’s ‘‘Universal serial bus                     capable of exploiting the ability of an                 5 DOE received seven anonymous comments

                                               interfaces for data and power—Part 1–                   adaptive EPS to provide higher voltages               regarding issues unrelated to the waiver petition.
                                               2: Common components—USB Power                                                                                See the docket for this notice at http://
                                                                                                       for faster charging.
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                                                                                                                                                             www.regulations.gov/docket?D=EERE-2017-BT-
                                               Delivery’’ (‘‘IEC 62680–1–2:2017’’)                        Accordingly, Huawei asserted that the              WAV-0061.
                                                                                                       DOE test procedure’s measurement of                     6 The alternate test procedure specified in this
                                                 3 The specific basic models for which the petition                                                          Decision and Order is also identical to the alternate
                                               applies are EPS basic models HW–200200UPX,                4 International Electrotechnical Commission         test procedure in the Decision and Order issuing
                                               HW–200300UPX, HW–200325UPX, and HW–                     Universal serial bus interfaces for data and power—   individual waivers to Apple, Inc., Microsoft
                                               200500UPX. These basic model names were                 Part 1–2: Common components—USB Power                 Corporation, Poin2 Lab, and Hefei Bitland
                                               provided by Huawei in its December 1, 2017              Delivery specification, https://webstore.iec.ch/      Information Technology Co. Ltd. 83 FR 11738
                                               petition.                                               publication/26174/                                    (March 16, 2018).



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                                               25450                            Federal Register / Vol. 83, No. 106 / Friday, June 1, 2018 / Notices

                                               commerce in the United States must                      and any other representations of energy               of Nonproliferation and Arms Control,
                                               petition for and be granted a waiver                    use, will require manufacturers to use                NA–24, National Nuclear Security
                                               prior to the distribution in commerce of                the relevant test procedure for these                 Administration, Department of Energy,
                                               that product in the United States.                      products.                                             1000 Independence Avenue SW, Room
                                               Manufacturers may also submit a                            (5) This waiver is issued on the                   7F–075, Washington, DC 20585. Due to
                                               request for interim waiver pursuant to                  condition that the statements,                        potential delays in DOE’s receipt and
                                               the requirements of 10 CFR 430.27.                      representations, and documentation                    processing of mail sent through the U.S.
                                                                                                       provided by Huawei are valid. DOE may                 Postal Service, DOE encourages
                                               III. Consultations with Other Agencies
                                                                                                       revoke or modify this waiver at any time              responders to submit comments
                                                  In accordance with 10 CFR                            if it determines the factual basis                    electronically to ensure timely receipt.
                                               430.27(f)(2), DOE consulted with the                    underlying the petition for waiver is
                                               Federal Trade Commission (‘‘FTC’’) staff                incorrect, or the results from the                    FOR FURTHER INFORMATION CONTACT:
                                               concerning the Huawei petition for                      alternate test procedure are                          Additional information on DOE’s
                                               waiver. The FTC staff did not have any                  unrepresentative of the basic models’                 regulation of assistance to foreign
                                               objections to granting a waiver to                      true energy consumption characteristics.              atomic energy activities pursuant to 10
                                               Huawei.                                                 10 CFR 430.27(k)(1). Likewise, Huawei                 CFR part 810 is available at https://
                                                                                                       may request that DOE rescind or modify                www.energy.gov/nnsa/10-cfr-part-810.
                                               IV. Order
                                                                                                       the waiver if Huawei discovers an error               For other questions, contact Katie
                                                 After careful consideration of all the                in the information provided to DOE as                 Strangis, Policy Advisor, Office of
                                               material that was submitted by Huawei                   part of its petition, determines that the             Nonproliferation and Arms Control,
                                               in this matter, DOE grants a waiver                     waiver is no longer needed, or for other              NA–24, National Nuclear Security
                                               regarding the below specified basic                     appropriate reasons. 10 CFR                           Administration, Department of Energy,
                                               models. Therefore, in accordance with                   430.27(k)(2).                                         1000 Independence Avenue SW, Room
                                               10 CFR 430.27, it is ORDERED that:                         (6) Granting of this waiver does not               7F–075, Washington, DC 20585,
                                                 (1) Huawei must test and rate Huawei                                                                        telephone (202) 586–8623.
                                                                                                       release Huawei from the certification
                                               brand EPS basic models HW–
                                                                                                       requirements set forth at 10 CFR part                                        This
                                                                                                                                                             SUPPLEMENTARY INFORMATION:
                                               200200UPX, HW–200300UPX, HW–
                                                                                                       429.                                        information collection request contains:
                                               200325UPX, HW–200500UPX in
                                               accordance with the alternate test                         Signed in Washington, DC, on May 23,     (1) OMB No. A1901–0263; (2)
                                               procedure as set forth in paragraph (2)                 2018.                                       Information Collection Request Title:
                                               of this section.                                        lllllllllllllllllllll Assistance to Foreign Atomic Energy
                                                 (2) The alternate test procedure for the              Kathleen B. Hogan,                          Activities; (3) Type of Review:
                                               Huawei basic models listed in                           Deputy Assistant Secretary for Energy       Extension; (4) Purpose: This collection
                                               paragraph (1) of this section of this                   Efficiency, Energy Efficiency and Renewable of information is necessary in order to
                                               Order is the test procedure for EPSs                    Energy.                                     provide the Secretary of Energy with the
                                               prescribed by DOE at Appendix Z,                        [FR Doc. 2018–11793 Filed 5–31–18; 8:45 am] appropriate information needed to make
                                               except that under section 4(a)(i)(E) and                BILLING CODE 6450–01–P                      informed determinations regarding
                                               Table 1 of Appendix Z, the adaptive                                                                 requests to directly or indirectly engage
                                               EPSs must be tested such that when                                                                  or participate in the development or
                                               testing at the lowest achievable output                 DEPARTMENT OF ENERGY                        production of special nuclear material
                                               voltage (i.e., 5V), the Nameplate Output                                                            outside the United States; (5) Annual
                                               Current shall be 2A (which corresponds                  Agency Information Collection               Estimated Number of Respondents: 89;
                                               to an output power of 10W at the 100%                   Extension                                   (6) Annual Estimated Number of Total
                                               loading condition). The 75%, 50%, and                   AGENCY: National Nuclear Security           Responses: 596; (7) Annual Estimated
                                               25% loading conditions shall be scaled                  Administration, U.S. Department of          Number of Burden Hours: 1,788; (8)
                                               accordingly and the nameplate output                    Energy.                                     Annual Estimated Reporting and
                                               power of such an EPS, at the lowest                                                                 Recordkeeping Cost Burden: $178,600.
                                                                                                       ACTION: Notice and request for
                                               output voltage, shall be equal to 10W.                                                              Comments are invited on: (a) Whether
                                                 (3) Representations. Huawei must                      comments.
                                                                                                                                                   the extended collection of information
                                               make representations about the                          SUMMARY: The Department of Energy           is necessary for the proper performance
                                               efficiency of the basic models identified               (DOE), pursuant to the Paperwork            of the functions of the agency, including
                                               in paragraph (1) of this section for                    Reduction Act of 1995, intends to           whether the information shall have
                                               compliance, marketing, or other                         extend for three years an information       practical utility; (b) the accuracy of the
                                               purposes only to the extent that the                    collection request with the Office of       agency’s estimate of the burden of the
                                               basic model has been tested in                          Management and Budget (OMB).                proposed collection of information,
                                               accordance with the provisions set forth                                                            including the validity of the
                                                                                                       DATES: Comments regarding this
                                               above and such representations fairly                                                               methodology and assumptions used; (c)
                                                                                                       proposed information collection must
                                               disclose the results of such testing in                                                             ways to enhance the quality, utility, and
                                                                                                       be received on or before July 31, 2018.
                                               accordance with Appendix Z and 10
                                                                                                       If you anticipate difficulty in submitting clarity of the information to be
                                               CFR 429.37.                                                                                         collected; and (d) ways to minimize the
                                                  (4) This waiver shall remain in effect               comments within that period, contact
                                                                                                       the person listed below as soon as          burden of the collection of information
                                               according to the provisions of 10 CFR                                                               on respondents, including through the
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                                               430.27. This Decision and Order will                    possible.
                                                                                                                                                   use of automated collection techniques
                                               terminate on the compliance date of any                 ADDRESSES: Written comments may be
                                                                                                                                                   or other forms of information
                                               future updates to the test procedure for                sent by email to part810@nnsa.doe.gov.
                                                                                                                                                   technology.
                                               EPSs located in Appendix Z that                         Include ‘‘Paperwork Reduction Act’’ in
                                               address the issue presented in the                      the subject line. Comments can also be         Statutory Authority: Section 57 b.(2)
                                               waiver. At such time, testing to                        sent by fax at (202) 586–6789 or by mail of the Atomic Energy Act (AEA) of 1954
                                               demonstrate compliance with standards,                  to Katie Strangis, Policy Advisor, Office and Section 161(c) of the AEA.


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Document Created: 2018-06-01 01:29:50
Document Modified: 2018-06-01 01:29:50
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
ActionNotice of decision and order.
DatesThe Decision and Order is effective on June 1, 2018.
ContactMs. Lucy deButts, U.S. Department of Energy, Office of Energy Efficiency and Renewable Energy, Building Technologies Office, EE-5B, 1000 Independence Avenue SW, Washington, DC 20585-0121. Telephone: (202) 287-1604. E-mail: [email protected]
FR Citation83 FR 25448 

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