[Federal Register Volume 84, Number 213 (Monday, November 4, 2019)]
[Notices]
[Pages 59365-59367]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-24046]
[[Page 59365]]
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DEPARTMENT OF ENERGY
[Case Number 2019-005; EERE-2019-BT-WAV-0010]
Energy Conservation Program: Decision and Order Granting a Waiver
to Anker Innovations Limited From the Department of Energy External
Power Supplies Test Procedure
AGENCY: Office of Energy Efficiency and Renewable Energy, Department of
Energy.
ACTION: Notice of Decision and Order.
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SUMMARY: The U.S. Department of Energy (``DOE'') gives notice of a
Decision and Order (Case Number 2019-005) that grants to Anker
Innovations Limited (``Anker'') a waiver from specified portions of the
DOE test procedure for determining the energy efficiency of a specified
external power supply basic model. Under the Decision and Order, Anker
is required to test and rate the specified basic model in accordance
with the alternate test procedure specified in the Decision and Order.
DATES: The Decision and Order is effective on November 4, 2019. The
Decision and Order will terminate upon the compliance date of any
future amendment to the test procedure for external power supplies
located at 10 CFR part 430, subpart B, appendix Z that addresses the
issues presented in this waiver. At such time, Anker must use the
relevant test procedure for this external power supply for any testing
to demonstrate compliance with the applicable 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:
[email protected].
Mr. Michael Kido, U.S. Department of Energy, Office of the General
Counsel, Mail Stop GC-33, Forrestal Building, 1000 Independence Avenue
SW, Washington, DC 20585-0103. Telephone: (202) 586-8145. Email:
[email protected].
SUPPLEMENTARY INFORMATION: In accordance with Title 10 of the Code of
Federal Regulations (10 CFR 430.27(f)(2)), DOE gives notice of the
issuance of its Decision and Order as set forth below. The Decision and
Order grants Anker a waiver from the applicable test procedure at 10
CFR part 430, subpart B, appendix Z for the specified basic model of
external power supply, and provides that Anker must test and rate such
external power supply using the alternate test procedure specified in
the Decision and Order. Anker'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 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 efficiency of this product. (42
U.S.C. 6293(c))
Manufacturers not currently distributing in commerce in the United
States external power supplies employing a technology or characteristic
that results in the same need for a waiver from the applicable test
procedure must petition for, and be granted a waiver prior to, the
distribution in commerce of such products in the United States.
Manufacturers may also submit a request for interim waiver pursuant to
the requirements of 10 CFR 430.27.
Signed in Washington, DC, on October 23, 2019.
Alexander N. Fitzsimmons,
Acting Deputy Assistant Secretary for Energy Efficiency, Energy
Efficiency and Renewable Energy.
Case #2019-005
Decision and Order
I. Background and Authority
The Energy Policy and Conservation Act, as amended (``EPCA''),\1\
authorizes the U.S. Department of Energy (``DOE'') to regulate the
energy efficiency of a number of consumer products and certain
industrial equipment. (42 U.S.C. 6291-6317) 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 document. (42 U.S.C. 6291(36); 42 U.S.C. 6295(u))
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\1\ All references to EPCA in this document refer to the statute
as amended through America's Water Infrastructure Act of 2018,
Public Law 115-270 (October 23, 2018).
\2\ For editorial reasons, upon codification in the U.S. Code,
Part B was redesignated as Part A.
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The energy conservation program under EPCA 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), test
procedures (42 U.S.C. 6293), labeling provisions (42 U.S.C. 6294),
energy conservation standards (42 U.S.C. 6295), 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 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 that 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 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'').
Any interested person may submit a petition for waiver from DOE's
test procedure requirements. 10 CFR 430.27(a)(1). 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. Anker's Petition for Waiver: Assertions and Determinations
By letter dated April 12, 2019, Anker filed a petition for waiver
and a petition
[[Page 59366]]
for interim waiver from the DOE test procedure applicable to EPSs set
forth in Appendix Z.\3\ Anker stated that the specified basic model
includes adaptive ports 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. The IEC 62680-1-2:2017
specification describes the particular architecture, protocols, power
supply behavior, connectors, and cabling necessary for managing power
delivery over a universal serial bus (``USB'') connection at power
levels of up to 100 watts (``W''). The purpose behind this
specification is to help provide a standardized approach for power
supply and peripheral developers to ensure backward compatibility while
retaining product design and marketing flexibility. See generally, IEC
62680-1-2:2017 (Abstract) (describing the standard's general provisions
and purpose).
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\3\ The specific basic model for which the petition applies is
EPS basic model A2041. This basic model name was provided by Anker
in its April 12, 2019 petition, which is available at: http://www.regulations.gov/docket?D=EERE-2019-BT-WAV-0010.
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Anker stated that the adaptive ports on the basic model identified
in its petition meet the IEC 62680-1-2:2017 specification. Anker
asserted that testing the adaptive ports that meet the IEC 62680-1-
2:2017 specification at 15 watts at the lowest nameplate output voltage
(i.e., 5 volts, 3 amps) does not reflect actual energy use in the
field, and that, at this voltage level, these ports do not exceed 10
watts for almost all usage conditions. Accordingly, the petitioner
argued that the current DOE test procedure results in a measurement
that is grossly unrepresentative of the actual energy consumption
characteristics of the EPS in the real world.
Under the current DOE test procedure, average active-mode
efficiency for an adaptive EPS is measured by testing the units twice--
once at the highest achievable output voltage (``V'') and once at the
lowest achievable output voltage. 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 USB
Power Delivery Specification is 5V and the specified nameplate current
at this voltage output is 3 amps (``A''), resulting in a power output
of 15W. Anker 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.
Anker requested use of an alternate test procedure to test and rate
a specific EPS basic model. The basic model at issue features two USB-A
non-adaptive ports, and two USB-C adaptive ports. In its suggested
alternate test procedure, Anker suggested that testing be required only
at the highest nameplate output voltage by loading both USB-A output
ports at a combined power draw of 10 watts (``W'') (i.e., 5 volts, 1
amp per USB-A port) for the 100% loading condition, and both USB-C
output ports at a combined power draw of 90W (i.e., 20 volts, 2.25 amps
per USB-C port) for the 100% loading condition. The 75%, 50%, and 25%
loading conditions would then be scaled accordingly (i.e., 0.75 amps,
0.5 amps 0.25 amps for each USB-A port at 5 volts, respectively; and
1.688 amps, 1.125 amps, 0.563 amps for each USB-C output port at 20
volts, respectively.)
On July 17, 2019, DOE published a notice that announced its receipt
of the petition for waiver and granted Anker an interim waiver. 84 FR
34167 (``Notice of Petition for Waiver''). In the Notice of Petition
for Waiver, DOE reviewed the adaptive external power supply model
listed in the waiver and initially agreed with the petitioner's claim
that the test procedure at Appendix Z would test the model in a manner
that is unrepresentative of its energy use. DOE also reviewed the
alternate procedure suggested by the petitioner and initially found
that it would also evaluate the basic model in a manner
unrepresentative of its true energy characteristics because it
effectively would test the EPS only at the highest nameplate output
voltage. As discussed, it is the testing of the lowest achievable
output voltage that is not representative of the energy use of ports
that meet the IEC 62680-1-2:2017 specification and which must
necessarily serve as the focus of any relevant alternate test procedure
when evaluating the energy use of an EPS device meeting this
specification.
In the Interim Waiver Order, DOE required use of an alternate test
procedure consistent with previous test procedure waivers for similarly
situated basic models.\4\ Under the alternate test procedure specified
in the Interim Waiver Order, the adaptive ports that meet the IEC
62680-1-2:2017 specification must be tested at an output power of 10W
at the lowest nameplate output voltage, 5 volts, instead of 15W. The
loading conditions at 75%, 50%, and 25% must be scaled accordingly
(i.e., 7.5W, 5W, 2.5W, respectively). For the highest nameplate output
voltage, the specified EPS basic model must be tested according to the
current EPS test procedure provisions for multiple-voltage EPSs as
prescribed in section 4(b) of Appendix Z.
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\4\ See Notice of Decision and Order Granting Individual Waivers
to Apple Inc., Microsoft Corporation, Poin2 Lab and Hefei Bitland
Information Technology Co., From the Department of Energy External
Power Supplies Test Procedure. 83 FR 11738 (March 16, 2018). See
also, Notice of Decision and Order Granting Waiver to Huawei
Technologies, Co. Ltd. 83 FR 25448 (June 1, 2018).
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In addition, the Notice of Petition for Waiver also solicited
comments from interested parties on all aspects of the petition and the
alternate test procedure specified as part of DOE's Interim Waiver
Order. Id. DOE received no comments in response to that document.
For the reasons explained here and in the earlier Notice of
Petition for Waiver, absent a waiver the basic model identified by
Anker in its petition cannot be tested and rated for energy consumption
on a basis representative of its true energy consumption
characteristics. DOE has reviewed the test procedure suggested by Anker
and concludes that it also would not allow for the accurate measurement
of the energy use of the specified external power supply. Instead, DOE
has determined that the alternate test procedure required under the
Interim Waiver Order allows for the accurate measurement of the energy
use of the specified external power supply basic model, while
alleviating the testing problems associated with Anker's implementation
of DOE's applicable EPS test procedure for the specified basic model.
Thus, DOE is requiring that Anker test and rate the external power
supply EPS basic model 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.
This Decision and Order applies only to the basic model listed and
does not extend to any other basic models. DOE evaluates and grants
waivers for only those basic models specifically set out in the
petition, not future models that may be manufactured by the petitioner.
Anker may request that DOE extend the scope of this waiver to include
additional basic models that employ the same technology as those listed
in this
[[Page 59367]]
waiver. 10 CFR 430.27(g). Anker may also submit another petition for
waiver from the test procedure for additional basic models that employ
a different technology and meet the criteria for test procedure
waivers. 10 CFR 430.27(a)(1).
DOE notes that it may modify or rescind the waiver at any time upon
DOE's determination that the factual basis underlying the petition for
waiver is incorrect, or upon a determination that 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,
Anker may request that DOE rescind or modify the waiver if the company
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).
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 Anker petition
for waiver. The FTC staff did not have any objections to DOE granting a
waiver to Anker for the specified basic model.
IV. Order
After careful consideration of all the material that was submitted
by Anker in this matter, it is ordered that:
(1) Anker must, as of the date of publication of this Order in the
Federal Register, test and rate the Anker-branded basic model A2041
adaptive external power supply with the alternate test procedure as set
forth in paragraph (2):
(2) The alternate test procedure for the Anker basic model
referenced in paragraph (1) of this Order is the test procedure for
external power supplies 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, when testing at the lowest achievable output voltage, ports
that meet the IEC 62680-1-2:2017 specification must be tested such that
the 100% nameplate loading condition shall be 2 amps (which corresponds
to an output power of 10 watts). The 75%, 50%, and 25% loading
conditions shall be scaled accordingly and the nameplate output power
of such ports, at the lowest output voltage, shall be equal to 10
watts. All other requirements of Appendix Z and DOE's regulations
remain applicable.
(3) Representations. Anker may not make representations about the
energy efficiency of the basic model listed in paragraph (1) of this
Order for compliance, marketing, or other purposes unless the basic
model has been tested in accordance with the provisions set forth in
paragraph (2) and such representations fairly disclose the results of
such testing.
(4) This waiver shall remain in effect according to the provisions
of 10 CFR 430.27.
(5) This waiver is issued on the condition that the statements,
representations, and documents provided by Anker are valid. If Anker
makes any modifications to the controls or configurations of the basic
model, the waiver will no longer be valid and Anker 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
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 a basic model's true energy
consumption characteristics. 10 CFR 430.27(k)(1). Likewise, Anker may
request that DOE rescind or modify the waiver if Anker 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 Anker from the
certification requirements set forth at 10 CFR part 429.
Signed in Washington, DC, on October 23, 2019.
Alexander N. Fitzsimmons,
Acting Deputy Assistant Secretary for Energy Efficiency, Energy
Efficiency and Renewable Energy.
[FR Doc. 2019-24046 Filed 11-1-19; 8:45 am]
BILLING CODE 6450-01-P