83_FR_51101 83 FR 50905 - Energy Conservation Program: Extension of Waiver to Apple Inc. From the Department of Energy External Power Supply Test Procedure

83 FR 50905 - Energy Conservation Program: Extension of Waiver to Apple Inc. From the Department of Energy External Power Supply Test Procedure

DEPARTMENT OF ENERGY

Federal Register Volume 83, Issue 196 (October 10, 2018)

Page Range50905-50907
FR Document2018-22004

The U.S. Department of Energy (``DOE'') is granting a waiver extension (Case No. 2018-005) to Apple Inc. (``Apple'') to waive certain requirements of the DOE external power supply test procedure for determining the energy efficiency of the Apple brand external power supply basic model A1882. Under this extension, Apple is required to test and rate this basic model in accordance with the applicable DOE test procedure, with the exception that the Nameplate Output Current shall be 2A when testing at the lowest achievable output voltage.

Federal Register, Volume 83 Issue 196 (Wednesday, October 10, 2018)
[Federal Register Volume 83, Number 196 (Wednesday, October 10, 2018)]
[Notices]
[Pages 50905-50907]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-22004]


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

DEPARTMENT OF ENERGY

[Case Number 2018-005, EERE-2017-BT-WAV-0043]


Energy Conservation Program: Extension of Waiver to Apple Inc. 
From the Department of Energy External Power Supply Test Procedure

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

ACTION: Notice of extension of waiver.

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

SUMMARY: The U.S. Department of Energy (``DOE'') is granting a waiver 
extension (Case No. 2018-005) to Apple Inc. (``Apple'') to waive 
certain requirements of the DOE external power supply test procedure 
for determining the energy efficiency of the Apple brand external power 
supply basic model A1882. Under this extension, Apple is required to 
test and rate this basic model in accordance with the applicable DOE 
test procedure, with the exception that the Nameplate Output Current 
shall be 2A when testing at the lowest achievable output voltage.

DATES: The Extension of Waiver is applicable as of October 10, 2018. 
The Extension of Waiver will terminate upon the compliance date of any 
future amendment to the test procedure for external power supplies 
located in 10 CFR part 430, subpart B, appendix Z that addresses the 
issues presented in this waiver. At such time, Apple must use the 
relevant test procedure for this product for any testing to demonstrate 
compliance with standards, and any other representations of energy use.

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. Email: 
AS_Waiver_Requests@ee.doe.gov.
    Mr. Michael Kido, U.S. Department of Energy, Office of the General 
Counsel, Mail Stop GC-33, Forrestal Building, 1000 Independence Avenue 
SW, Washington, DC 20585-0103. Telephone: (202) 586-8145. Email: 
Michael.Kido@hq.doe.gov.

SUPPLEMENTARY INFORMATION: In accordance with Title 10 of the Code of 
Federal Regulations (10 CFR 430.27(g)), DOE gives notice of the 
issuance of an Extension of Waiver as set forth below. The Extension of 
Waiver extends the Decision and Order granted to Apple on March 16, 
2018 (83 FR 11738; ``March 2018 Decision and Order'') to include Apple 
basic model A1882, as requested by Apple on May 17, 2018.\1\ Apple must 
test and rate the specifically identified external power supply basic 
model in accordance with the alternate test procedure specified in the 
March 2018 Decision and Order. Apple's representations concerning the 
energy efficiency of the specified basic model must be based on testing 
according to the provisions and restrictions in the alternate test 
procedure set forth in the March 2018 Decision and Order, and the 
representations must fairly disclose the test results. Distributors, 
retailers, and private labelers are held to the same requirements when 
making representations regarding the energy

[[Page 50906]]

efficiency of this product. (42 U.S.C. 6293(c)).
---------------------------------------------------------------------------

    \1\ Apple's request is available at https://www.regulations.gov/docket?D=EERE-2017-BT-WAV-0043.
---------------------------------------------------------------------------

    DOE makes decisions on waiver extensions for only those basic 
models specifically set out in the request, not future models that may 
be manufactured by the petitioner. Apple may submit a new or amended 
petition for waiver and request for grant of interim waiver, as 
appropriate, for additional basic models of EPSs. Alternatively, if 
appropriate, Apple may request that DOE extend the scope of a 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).

    Signed in Washington, DC, on October 2, 2018.
Kathleen B. Hogan,
Deputy Assistant Secretary for Energy Efficiency, Energy Efficiency and 
Renewable Energy.

Case Number 2018-005

Extension of Waiver

I. Background and Authority

    The Energy Policy and Conservation Act of 1975, as amended 
(``EPCA'') \1\ (42 U.S.C. 6291-6317), 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, which sets forth a variety of provisions designed to 
improve energy efficiency for certain types of consumer products. These 
products include external power supplies (``EPSs''), the focus of this 
extension. (42 U.S.C. 6291(36); 42 U.S.C. 6295(u)).
---------------------------------------------------------------------------

    \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.
---------------------------------------------------------------------------

    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 EPCA 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 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 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 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 external power supplies is contained in 10 CFR part 430, 
subpart B, appendix Z, Uniform Test Method for Measuring the Energy 
Consumption of External Power Supplies (``appendix Z'').
    Under 10 CFR 430.27, any interested person may submit a petition 
for waiver from DOE's test procedure requirements. DOE will grant a 
waiver from the test procedure requirements if DOE determines either 
that the basic model for which the waiver was requested contains a 
design characteristic that prevents testing of the basic model 
according to the prescribed test procedures, or that the prescribed 
test procedures evaluate the basic model in a manner so 
unrepresentative of its true energy or water consumption 
characteristics as to provide materially inaccurate comparative data. 
10 CFR 430.27(f)(2). DOE may grant the waiver subject to conditions, 
including adherence to alternate test procedures. Id.
    A petitioner 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. 10 
CFR 430.27(g). DOE will publish any such extension in the Federal 
Register. Id.

II. Request for an Extension of Waiver: Assertions and Determinations

    DOE issued a Decision and Order in Case Number EPS-001 (March 2018 
Decision and Order), granting Apple a waiver to test its Apple brand 
basic models A1718, A1719, and A1540 using an alternate test procedure. 
83 FR 11738 (March 16, 2018). In its petition for waiver, Apple had 
stated that the specified basic models meet the provisions of the 
International Electrotechincal Commission's ``Universal serial bus 
interfaces for data and power--Part 1-2: Common components--USB Power 
Delivery'' (``IEC 62680-1-2:2017'') specification. 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).
    In Apple's view, applying the DOE test procedure to the adaptive 
EPS basic models identified 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 \3\ be measured by testing the unit 
twice--once at the highest achievable output voltage (``V'') and once 
at the lowest. The test procedure requires that active-mode efficiency 
be measured at four loading conditions relative to the nameplate output 
current of the EPS. See generally 10 CFR 430.23(bb) and Appendix Z. The 
lowest achievable output voltage supported by the IEC 62680-1-2:2017 
specification is 5V and the nameplate current at this voltage output is 
3 amps (``A''), resulting in a power output of 15W. Apple contended 
that while the IEC 62680-1-2:2017 specification requires the tested EPS 
to support this power output, the 15W at 5V condition will be rarely 
used and only for brief periods of time. Accordingly, Apple asserted 
that the DOE test procedure's measurement of efficiency at this power 
level is unrepresentative of the true energy consumption of the EPSs 
subject to the initial waiver request.
---------------------------------------------------------------------------

    \3\ An adaptive EPS is an EPS that can alter its output voltage 
during active-mode based on an established digital communication 
protocol with the end-use application without user-generated action. 
10 CFR 430.2.
---------------------------------------------------------------------------

    Based on the information provided by Apple, DOE determined that the 
current test procedure at Appendix Z would evaluate the adaptive EPS 
basic models specified in the March 2018 Decision and Order in a manner 
so unrepresentative of their true energy consumption characteristics as 
to

[[Page 50907]]

provide materially inaccurate comparative data. 83 FR 11739. The March 
2018 Decision and Order specifies that Apple test and rate the subject 
basic models such that the 100% nameplate loading condition when 
testing at the lowest achievable output voltage is 2A (which 
corresponds to an output power of 10 watts). 83 FR 11740. 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. Id.
    On May 17, 2018, Apple requested to extend the scope of the waiver 
it received in Case Number 2018-001, to the Apple brand basic model 
A1882. Apple stated that this basic model employs the same technology 
as the models covered by the existing waiver.
    DOE has reviewed Apple's waiver extension request and determined 
that the adaptive EPS basic model identified in Apple's request 
incorporates the same design characteristics as those basic models 
covered under Apple's existing waiver such that the test procedure 
evaluates that basic model in a manner that is unrepresentative of its 
use when charging a product that is sold or intended to be used with 
the EPS. DOE also determined that the alternate procedure specified in 
Case Number EPS-001 will allow for the accurate measurement of the 
energy use of the basic model identified by Apple in its waiver 
extension request.

III. Order

    After careful consideration of all the material submitted by Apple 
in this matter, it is Ordered that:
    (1) Apple must test and rate the EPS of Apple brand basic model 
A1882, as of the date of publication of this Extension of Waiver in the 
Federal Register, as set forth in paragraph (2).
    (2) The alternate test procedure for the basic model listed in 
paragraph (1) of this section is the test procedure for EPSs prescribed 
by DOE at 10 CFR part 430, subpart B, appendix Z, except that under 
section 4(a)(i)(E) and Table 1 of Appendix Z, the adaptive EPSs must be 
tested such that when testing at the lowest achievable output voltage 
(i.e., 5V), the Nameplate Output Current shall be 2A (which corresponds 
to an output power of 10W at the 100% loading condition). The 75%, 50%, 
and 25% loading conditions shall be scaled accordingly and the 
nameplate output power of such an EPS, at the lowest output voltage, 
shall be equal to 10W.
    (3) Representations. Apple may not make representations about the 
energy efficiency of the adaptive external power supply basic model 
identified in paragraph (1) for compliance, marketing, or other 
purposes unless the basic model has been tested in accordance with the 
provisions set forth above and such representations fairly disclose the 
results of such testing.
    (4) This Extension of Waiver shall remain in effect consistent with 
the provisions of 10 CFR 430.27.
    (5) This Extension of Waiver is issued on the condition that the 
statements, representations, and documents provided by Apple are valid. 
If Apple makes any modifications to the controls or configurations of 
this basic model, the waiver will no longer be valid and Apple will 
either be required to use the current Federal test method or submit a 
new application for a test procedure waiver. DOE may rescind or modify 
this Extension of Waiver at any time if it determines the factual basis 
underlying the petition for Extension of Waiver is incorrect, or the 
results from the alternate test procedure are unrepresentative of the 
basic model's true energy consumption characteristics. 10 CFR 
430.27(k)(1). Likewise, Apple may request that DOE rescind or modify 
the Extension of Waiver if the petitioner discovers an error in the 
information provided to DOE as part of its petition, determines that 
the Extension of Waiver is no longer needed, or for other appropriate 
reasons. 10 CFR 430.27(k)(2)
    (6) Granting of this extension does not release Apple from the 
certification requirements set forth at 10 CFR part 429.


    Signed in Washington, DC, on October 2, 2018.

Kathleen B. Hogan,
Deputy Assistant Secretary for Energy Efficiency, Energy Efficiency and 
Renewable Energy.
[FR Doc. 2018-22004 Filed 10-9-18; 8:45 am]
 BILLING CODE 6450-01-P



                                                                        Federal Register / Vol. 83, No. 196 / Wednesday, October 10, 2018 / Notices                                               50905

                                                Electronic Access to This Document:                      Tentative Agenda: Agenda will                      the energy efficiency of the Apple brand
                                              The official version of this document is                include discussions of the following:                 external power supply basic model
                                              the document published in the Federal                      November 29–30, 2018                               A1882. Under this extension, Apple is
                                              Register. You may access the official                   • Discussion of Department of Energy                  required to test and rate this basic
                                              edition of the Federal Register and the                      High Energy Physics Program                      model in accordance with the
                                              Code of Federal Regulations via the                     • Discussion of National Science                      applicable DOE test procedure, with the
                                              Federal Digital System at: www.gpo.gov/                      Foundation Elementary Particle                   exception that the Nameplate Output
                                              fdsys. At this site you can view this                        Physics Program                                  Current shall be 2A when testing at the
                                              document, as well as all other                          • Reports on and Discussions of Topics                lowest achievable output voltage.
                                              documents of this Department                                 of General Interest in High Energy               DATES: The Extension of Waiver is
                                              published in the Federal Register, in                        Physics                                          applicable as of October 10, 2018. The
                                              text or Portable Document Format                        • Public Comment (10-minute rule)                     Extension of Waiver will terminate
                                              (PDF). To use PDF you must have                            Public Participation: The meeting is               upon the compliance date of any future
                                              Adobe Acrobat Reader, which is                          open to the public. A webcast of this                 amendment to the test procedure for
                                              available free at the site.                             meeting will be available. Please check               external power supplies located in 10
                                                You may also access documents of the                  the website below for updates and                     CFR part 430, subpart B, appendix Z
                                              Department published in the Federal                     information on how to view the                        that addresses the issues presented in
                                              Register by using the article search                    meeting. If you would like to file a                  this waiver. At such time, Apple must
                                              feature at: www.federalregister.gov.                    written statement with the Committee,                 use the relevant test procedure for this
                                              Specifically, through the advanced                      you may do so either before or after the              product for any testing to demonstrate
                                              search feature at this site, you can limit              meeting. If you would like to make oral               compliance with standards, and any
                                              your search to documents published by                   statements regarding any of these items               other representations of energy use.
                                              the Department.                                         on the agenda, you should contact John                FOR FURTHER INFORMATION CONTACT:
                                                Dated: October 4, 2018.                               Kogut, (301) 903–1298 or by email at:                    Ms. Lucy deButts, U.S. Department of
                                              James F. Manning,                                       John.Kogut@science.doe.gov. You must                  Energy, Office of Energy Efficiency and
                                              Acting Chief Operating Officer, Federal                 make your request for an oral statement               Renewable Energy, Building
                                              Student Aid.                                            at least five business days before the                Technologies Office, EE–5B, 1000
                                              [FR Doc. 2018–22024 Filed 10–9–18; 8:45 am]             meeting. Reasonable provision will be                 Independence Avenue SW, Washington,
                                              BILLING CODE 4000–01–P
                                                                                                      made to include the scheduled oral                    DC 20585–0121. Email: AS_Waiver_
                                                                                                      statements on the agenda. The                         Requests@ee.doe.gov.
                                                                                                      Chairperson of the Panel will conduct                    Mr. Michael Kido, U.S. Department of
                                                                                                      the meeting to facilitate the orderly                 Energy, Office of the General Counsel,
                                              DEPARTMENT OF ENERGY                                    conduct of business. Public comment                   Mail Stop GC–33, Forrestal Building,
                                                                                                      will follow the 10-minute rule.                       1000 Independence Avenue SW,
                                              High Energy Physics Advisory Panel
                                                                                                         Minutes: The minutes of the meeting                Washington, DC 20585–0103.
                                              AGENCY: Office of Science, Department                   will be available on the U.S. Department              Telephone: (202) 586–8145. Email:
                                              of Energy.                                              of Energy’s Office of High Energy                     Michael.Kido@hq.doe.gov.
                                              ACTION: Notice of Open Meeting.                         Physics Advisory Panel website: http://               SUPPLEMENTARY INFORMATION: In
                                                                                                      science.energy.gov/hep/hepap/                         accordance with Title 10 of the Code of
                                              SUMMARY:   This notice announces a                      meetings/.                                            Federal Regulations (10 CFR 430.27(g)),
                                              meeting of the High Energy Physics                        Signed in Washington, DC, on October 3,             DOE gives notice of the issuance of an
                                              Advisory Panel (HEPAP). The Federal                     2018.                                                 Extension of Waiver as set forth below.
                                              Advisory Committee Act requires that                    LaTanya Butler,                                       The Extension of Waiver extends the
                                              public notice of these meetings be                      Deputy Committee Management Officer.                  Decision and Order granted to Apple on
                                              announced in the Federal Register.                                                                            March 16, 2018 (83 FR 11738; ‘‘March
                                                                                                      [FR Doc. 2018–21905 Filed 10–9–18; 8:45 am]
                                              DATES: Thursday, November 29, 2018,                                                                           2018 Decision and Order’’) to include
                                                                                                      BILLING CODE 6450–01–P
                                              8:30 a.m. to 6:00 p.m. and Friday,                                                                            Apple basic model A1882, as requested
                                              November 30, 2018, 8:30 a.m. to 4:00                                                                          by Apple on May 17, 2018.1 Apple must
                                              p.m.                                                    DEPARTMENT OF ENERGY                                  test and rate the specifically identified
                                              ADDRESSES:   Gaithersburg Marriott                                                                            external power supply basic model in
                                                                                                      [Case Number 2018–005, EERE–2017–BT–
                                              Washingtonian Center, 9751                              WAV–0043]                                             accordance with the alternate test
                                              Washingtonian Boulevard, Gaithersburg,                                                                        procedure specified in the March 2018
                                              Maryland 20878.                                         Energy Conservation Program:                          Decision and Order. Apple’s
                                              FOR FURTHER INFORMATION CONTACT: John                   Extension of Waiver to Apple Inc. From                representations concerning the energy
                                              Kogut, Executive Secretary; High Energy                 the Department of Energy External                     efficiency of the specified basic model
                                              Physics Advisory Panel (HEPAP); U.S.                    Power Supply Test Procedure                           must be based on testing according to
                                              Department of Energy; Office of Science;                                                                      the provisions and restrictions in the
                                                                                                      AGENCY: Office of Energy Efficiency and               alternate test procedure set forth in the
                                              SC–25/Germantown Building, 1000                         Renewable Energy, Department of
                                              Independence Avenue SW, Washington,                                                                           March 2018 Decision and Order, and the
                                                                                                      Energy.                                               representations must fairly disclose the
                                              DC 20585; Telephone: (301) 903–1298
                                                                                                      ACTION: Notice of extension of waiver.
amozie on DSK3GDR082PROD with NOTICES1




                                                                                                                                                            test results. Distributors, retailers, and
                                              SUPPLEMENTARY INFORMATION:
                                                                                                                                                            private labelers are held to the same
                                                Purpose of Meeting: To provide                        SUMMARY:   The U.S. Department of                     requirements when making
                                              advice and guidance on a continuing                     Energy (‘‘DOE’’) is granting a waiver                 representations regarding the energy
                                              basis to the Department of Energy and                   extension (Case No. 2018–005) to Apple
                                              the National Science Foundation on                      Inc. (‘‘Apple’’) to waive certain                      1 Apple’s request is available at https://
                                              scientific priorities within the field of               requirements of the DOE external power                www.regulations.gov/docket?D=EERE-2017-BT-
                                              high energy physics research.                           supply test procedure for determining                 WAV-0043.



                                         VerDate Sep<11>2014   21:20 Oct 09, 2018   Jkt 247001   PO 00000   Frm 00022   Fmt 4703   Sfmt 4703   E:\FR\FM\10OCN1.SGM   10OCN1


                                              50906                      Federal Register / Vol. 83, No. 196 / Wednesday, October 10, 2018 / Notices

                                              efficiency of this product. (42 U.S.C.                   the applicable energy conservation                    specified basic models meet the
                                              6293(c)).                                                standards adopted pursuant to EPCA (42                provisions of the International
                                                 DOE makes decisions on waiver                         U.S.C. 6295(s)), and (2) making                       Electrotechincal Commission’s
                                              extensions for only those basic models                   representations about the efficiency of               ‘‘Universal serial bus interfaces for data
                                              specifically set out in the request, not                 those products (42 U.S.C. 6293(c)).                   and power—Part 1–2: Common
                                              future models that may be manufactured                   Similarly, DOE must use these test                    components—USB Power Delivery’’
                                              by the petitioner. Apple may submit a                    procedures to determine whether the                   (‘‘IEC 62680–1–2:2017’’) specification.
                                              new or amended petition for waiver and                   product complies with relevant                        The IEC specification describes the
                                              request for grant of interim waiver, as                  standards promulgated under EPCA. (42                 particular architecture, protocols, power
                                              appropriate, for additional basic models                 U.S.C. 6295(s)).                                      supply behavior, connectors, and
                                              of EPSs. Alternatively, if appropriate,                     Under 42 U.S.C. 6293, EPCA sets forth              cabling necessary for managing power
                                              Apple may request that DOE extend the                    the criteria and procedures DOE is                    delivery over a universal serial bus
                                              scope of a waiver to include additional                  required to follow when prescribing or                (‘‘USB’’) connection at power levels of
                                              basic models employing the same                          amending test procedures for covered                  up to 100 watts (‘‘W’’). The purpose
                                              technology as the basic model(s) set                     products. EPCA requires that test                     behind this specification is to help
                                              forth in the original petition consistent                procedures prescribed or amended                      provide a standardized approach for
                                              with 10 CFR 430.27(g).                                   under this section must be reasonably                 power supply and peripheral developers
                                                Signed in Washington, DC, on October 2,                designed to produce test results which                to ensure backward compatibility while
                                              2018.                                                    reflect the energy efficiency, energy use             retaining product design and marketing
                                              Kathleen B. Hogan,                                       or estimated annual operating cost of a               flexibility. See generally, IEC 62680–1–
                                              Deputy Assistant Secretary for Energy                    covered product during a representative               2:2017 (Abstract) (describing the
                                              Efficiency, Energy Efficiency and Renewable              average use cycle or period of use and                standard’s general provisions and
                                              Energy.                                                  requires that test procedures not be                  purpose).
                                                                                                       unduly burdensome to conduct. (42                        In Apple’s view, applying the DOE
                                              Case Number 2018–005                                     U.S.C. 6293(b)(3)) The test procedure for             test procedure to the adaptive EPS basic
                                              Extension of Waiver                                      external power supplies is contained in               models identified in its petitions would
                                              I. Background and Authority                              10 CFR part 430, subpart B, appendix Z,               yield results that would be
                                                                                                       Uniform Test Method for Measuring the                 unrepresentative of the active-mode
                                                 The Energy Policy and Conservation                    Energy Consumption of External Power                  efficiency of those products. The DOE
                                              Act of 1975, as amended (‘‘EPCA’’) 1 (42                 Supplies (‘‘appendix Z’’).                            test procedure requires that the average
                                              U.S.C. 6291–6317), among other things,                      Under 10 CFR 430.27, any interested                active-mode efficiency for adaptive
                                              authorizes DOE to regulate the energy                    person may submit a petition for waiver               EPSs 3 be measured by testing the unit
                                              efficiency of a number of consumer                       from DOE’s test procedure                             twice—once at the highest achievable
                                              products and industrial equipment.                       requirements. DOE will grant a waiver                 output voltage (‘‘V’’) and once at the
                                              Title III, Part B 2 of EPCA established the              from the test procedure requirements if               lowest. The test procedure requires that
                                              Energy Conservation Program for                          DOE determines either that the basic                  active-mode efficiency be measured at
                                              Consumer Products Other Than                             model for which the waiver was                        four loading conditions relative to the
                                              Automobiles, which sets forth a variety                  requested contains a design                           nameplate output current of the EPS.
                                              of provisions designed to improve                        characteristic that prevents testing of the           See generally 10 CFR 430.23(bb) and
                                              energy efficiency for certain types of                   basic model according to the prescribed               Appendix Z. The lowest achievable
                                              consumer products. These products                        test procedures, or that the prescribed               output voltage supported by the IEC
                                              include external power supplies                          test procedures evaluate the basic model              62680–1–2:2017 specification is 5V and
                                              (‘‘EPSs’’), the focus of this extension. (42             in a manner so unrepresentative of its                the nameplate current at this voltage
                                              U.S.C. 6291(36); 42 U.S.C. 6295(u)).                     true energy or water consumption                      output is 3 amps (‘‘A’’), resulting in a
                                                 Under EPCA, DOE’s energy                              characteristics as to provide materially              power output of 15W. Apple contended
                                              conservation program consists                            inaccurate comparative data. 10 CFR                   that while the IEC 62680–1–2:2017
                                              essentially of four parts: (1) Testing, (2)              430.27(f)(2). DOE may grant the waiver                specification requires the tested EPS to
                                              labeling, (3) Federal energy conservation                subject to conditions, including                      support this power output, the 15W at
                                              standards, and (4) certification and                     adherence to alternate test procedures.               5V condition will be rarely used and
                                              enforcement procedures. Relevant                         Id.                                                   only for brief periods of time.
                                              provisions of EPCA include definitions                      A petitioner may request that DOE                  Accordingly, Apple asserted that the
                                              (42 U.S.C. 6291), energy conservation                    extend the scope of a waiver or an                    DOE test procedure’s measurement of
                                              standards (42 U.S.C. 6295), test                         interim waiver to include additional                  efficiency at this power level is
                                              procedures (42 U.S.C. 6293), labeling                    basic models employing the same                       unrepresentative of the true energy
                                              provisions (42 U.S.C. 6294), and the                     technology as the basic model(s) set                  consumption of the EPSs subject to the
                                              authority to require information and                     forth in the original petition. 10 CFR                initial waiver request.
                                              reports from manufacturers. (42 U.S.C.                   430.27(g). DOE will publish any such                     Based on the information provided by
                                              6296).                                                   extension in the Federal Register. Id.                Apple, DOE determined that the current
                                                 The Federal testing requirements                                                                            test procedure at Appendix Z would
                                              consist of test procedures that                          II. Request for an Extension of Waiver:               evaluate the adaptive EPS basic models
                                              manufacturers of covered products must                   Assertions and Determinations                         specified in the March 2018 Decision
                                              use as the basis for: (1) Certifying to                     DOE issued a Decision and Order in                 and Order in a manner so
amozie on DSK3GDR082PROD with NOTICES1




                                              DOE that their products comply with                      Case Number EPS–001 (March 2018                       unrepresentative of their true energy
                                                                                                       Decision and Order), granting Apple a                 consumption characteristics as to
                                                 1 All references to EPCA in this document refer
                                                                                                       waiver to test its Apple brand basic
                                              to the statute as amended through the EPS                models A1718, A1719, and A1540 using                    3 An adaptive EPS is an EPS that can alter its
                                              Improvement Act of 2017, Public Law 115–115                                                                    output voltage during active-mode based on an
                                              (January 12, 2018).                                      an alternate test procedure. 83 FR 11738              established digital communication protocol with
                                                 2 For editorial reasons, upon codification in the     (March 16, 2018). In its petition for                 the end-use application without user-generated
                                              U.S. Code, Part B was redesignated as Part A.            waiver, Apple had stated that the                     action. 10 CFR 430.2.



                                         VerDate Sep<11>2014    21:20 Oct 09, 2018   Jkt 247001   PO 00000   Frm 00023   Fmt 4703   Sfmt 4703   E:\FR\FM\10OCN1.SGM   10OCN1


                                                                        Federal Register / Vol. 83, No. 196 / Wednesday, October 10, 2018 / Notices                                              50907

                                              provide materially inaccurate                           paragraph (1) for compliance,                         extension (Case Number 2018–008) to
                                              comparative data. 83 FR 11739. The                      marketing, or other purposes unless the               Panasonic Appliances Refrigeration
                                              March 2018 Decision and Order                           basic model has been tested in                        Systems Corporation of America
                                              specifies that Apple test and rate the                  accordance with the provisions set forth              (‘‘PAPRSA’’) to waive the requirements
                                              subject basic models such that the 100%                 above and such representations fairly                 of the DOE refrigerator and refrigerator-
                                              nameplate loading condition when                        disclose the results of such testing.                 freezer test procedures for determining
                                              testing at the lowest achievable output                    (4) This Extension of Waiver shall                 the energy consumption of combination
                                              voltage is 2A (which corresponds to an                  remain in effect consistent with the                  cooler-refrigerator basic model
                                              output power of 10 watts). 83 FR 11740.                 provisions of 10 CFR 430.27.                          PR5181JKBC. PAPRSA is required to
                                              The 75%, 50%, and 25% loading                              (5) This Extension of Waiver is issued             test and rate this basic model in
                                              conditions shall be scaled accordingly                  on the condition that the statements,                 accordance with the applicable DOE test
                                              and the nameplate output power of such                  representations, and documents                        procedure, with the exception that it
                                              an EPS, at the lowest output voltage,                   provided by Apple are valid. If Apple                 must calculate the specified basic
                                              shall be equal to 10 watts. Id.                         makes any modifications to the controls               model’s energy consumption using a
                                                On May 17, 2018, Apple requested to                   or configurations of this basic model,                correction factor (‘‘K-factor’’) of 0.85, as
                                              extend the scope of the waiver it                       the waiver will no longer be valid and                specified in the Extension of Waiver.
                                              received in Case Number 2018–001, to                    Apple will either be required to use the              DATES: This Extension of Waiver is
                                              the Apple brand basic model A1882.                      current Federal test method or submit a               effective October 10, 2018. The
                                              Apple stated that this basic model                      new application for a test procedure                  Extension of Waiver will terminate on
                                              employs the same technology as the                      waiver. DOE may rescind or modify this                October 28, 2019, in conjunction with
                                              models covered by the existing waiver.                  Extension of Waiver at any time if it                 the compliance date that applies to the
                                                DOE has reviewed Apple’s waiver                       determines the factual basis underlying               published standards for miscellaneous
                                              extension request and determined that                   the petition for Extension of Waiver is               refrigeration products (‘‘MREFs’’). See
                                              the adaptive EPS basic model identified                 incorrect, or the results from the                    81 FR 75194 (Oct. 28, 2016).
                                              in Apple’s request incorporates the                     alternate test procedure are                          FOR FURTHER INFORMATION CONTACT: Ms.
                                              same design characteristics as those                    unrepresentative of the basic model’s                 Lucy deButts, U.S. Department of
                                              basic models covered under Apple’s                      true energy consumption characteristics.              Energy, Office of Energy Efficiency and
                                              existing waiver such that the test                      10 CFR 430.27(k)(1). Likewise, Apple                  Renewable Energy, Building
                                              procedure evaluates that basic model in                 may request that DOE rescind or modify                Technologies Office, EE–5B, 1000
                                              a manner that is unrepresentative of its                the Extension of Waiver if the petitioner             Independence Avenue SW, Washington,
                                              use when charging a product that is sold                discovers an error in the information                 DC 20585–0121. Email: AS_Waiver_
                                              or intended to be used with the EPS.                    provided to DOE as part of its petition,              Requests@ee.doe.gov.
                                              DOE also determined that the alternate                  determines that the Extension of Waiver                  Mr. Michael Kido, U.S. Department of
                                              procedure specified in Case Number                      is no longer needed, or for other                     Energy, Office of the General Counsel,
                                              EPS–001 will allow for the accurate                     appropriate reasons. 10 CFR                           Mail Stop GC–33, Forrestal Building,
                                              measurement of the energy use of the                    430.27(k)(2)                                          1000 Independence Avenue SW,
                                              basic model identified by Apple in its                     (6) Granting of this extension does not            Washington, DC 20585–0103.
                                              waiver extension request.                               release Apple from the certification                  Telephone: (202) 586–8145. Email:
                                                                                                      requirements set forth at 10 CFR part                 Michael.Kido@hq.doe.gov.
                                              III. Order                                              429.
                                                                                                                                                            SUPPLEMENTARY INFORMATION: In
                                                 After careful consideration of all the                 Signed in Washington, DC, on October 2,             accordance with Title 10 of the Code of
                                              material submitted by Apple in this                     2018.                                                 Federal Regulations (10 CFR 430.27(g)),
                                              matter, it is Ordered that:
                                                                                                      Kathleen B. Hogan,                                    DOE gives notice of the issuance of an
                                                 (1) Apple must test and rate the EPS
                                                                                                      Deputy Assistant Secretary for Energy                 Extension of Waiver as set forth below.
                                              of Apple brand basic model A1882, as
                                                                                                      Efficiency, Energy Efficiency and Renewable           The Extension of Waiver extends the
                                              of the date of publication of this
                                                                                                      Energy.                                               Decision and Order granted to PAPRSA
                                              Extension of Waiver in the Federal
                                                                                                      [FR Doc. 2018–22004 Filed 10–9–18; 8:45 am]           on May 5, 2017 (82 FR 21209, ‘‘May
                                              Register, as set forth in paragraph (2).
                                                 (2) The alternate test procedure for the             BILLING CODE 6450–01–P                                2017 Decision and Order’’) to include
                                              basic model listed in paragraph (1) of                                                                        PAPRSA combination cooler-refrigerator
                                              this section is the test procedure for                                                                        basic model PR5181JKBC, as requested
                                                                                                      DEPARTMENT OF ENERGY                                  by PAPRSA on June 26, 2018.1 PAPRSA
                                              EPSs prescribed by DOE at 10 CFR part
                                                                                                                                                            must test and rate the specifically
                                              430, subpart B, appendix Z, except that                 [Case Number 2018–008, EERE–2017–BT–
                                                                                                                                                            identified combination cooler-
                                              under section 4(a)(i)(E) and Table 1 of                 WAV–0038]
                                                                                                                                                            refrigerator basic model in accordance
                                              Appendix Z, the adaptive EPSs must be
                                                                                                      Energy Conservation Program:                          with the alternate test procedure
                                              tested such that when testing at the
                                                                                                      Extension of Waiver to Panasonic                      described in the May 2017 Decision and
                                              lowest achievable output voltage (i.e.,
                                                                                                      Appliances Refrigeration Systems                      Order. PAPRSA’s representations
                                              5V), the Nameplate Output Current shall
                                                                                                      Corporation of America (PAPRSA)                       concerning the energy consumption of
                                              be 2A (which corresponds to an output
                                                                                                      From the Department of Energy                         the specified basic model must be based
                                              power of 10W at the 100% loading
                                                                                                      Consumer Refrigerator and                             on testing according to the provisions
                                              condition). The 75%, 50%, and 25%                                                                             and restrictions in the alternate test
                                              loading conditions shall be scaled                      Refrigerator-Freezer Test Procedures
amozie on DSK3GDR082PROD with NOTICES1




                                                                                                                                                            procedure set forth in the May 2017
                                              accordingly and the nameplate output                    AGENCY: Office of Energy Efficiency and               Decision and Order, and the
                                              power of such an EPS, at the lowest                     Renewable Energy, Department of                       representations must fairly disclose the
                                              output voltage, shall be equal to 10W.                  Energy.                                               test results. Distributors, retailers, and
                                                 (3) Representations. Apple may not                   ACTION: Notice of extension of waiver.
                                              make representations about the energy                                                                           1 PAPRSA’s request is available at http://
                                              efficiency of the adaptive external                     SUMMARY:   The U.S. Department of                     regulations.gov in docket ID EERE–2017–BT–WAV–
                                              power supply basic model identified in                  Energy (‘‘DOE’’) is granting a waiver                 0038.



                                         VerDate Sep<11>2014   21:20 Oct 09, 2018   Jkt 247001   PO 00000   Frm 00024   Fmt 4703   Sfmt 4703   E:\FR\FM\10OCN1.SGM   10OCN1



Document Created: 2018-10-10 17:38:47
Document Modified: 2018-10-10 17:38:47
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 extension of waiver.
DatesThe Extension of Waiver is applicable as of October 10, 2018. The Extension of Waiver will terminate upon the compliance date of any future amendment to the test procedure for external power supplies
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. Email: [email protected]
FR Citation83 FR 50905 

2024 Federal Register | Disclaimer | Privacy Policy
USC | CFR | eCFR