Notice of Petition for Waiver of Apple, Inc., Microsoft Corporation, Poin2 Lab, and Hefei Bitland Information Technology Co., Ltd. From the Department of Energy External Power Supplies Test Procedure and Grant of Interim Waiver, 34294-34305 [2017-15134]

Download as PDF mstockstill on DSK30JT082PROD with NOTICES 34294 Federal Register / Vol. 82, No. 140 / Monday, July 24, 2017 / Notices to evidence the timely production and delivery of items. DATES: Comments regarding this collection must be received on or before August 23, 2017. If you anticipate that you will be submitting comments, but find it difficult to do so within the period of time allowed by this notice, please advise the DOE Desk Officer at OMB of your intention to make a submission as soon as possible. The Desk Officer may be telephoned at 202– 395–4650. ADDRESSES: Written comments should be sent to the DOE Desk Officer, Office of Information and Regulatory Affairs, Office of Management and Budget, New Executive Office Building, Room 10102, 735 17th Street NW., Washington, DC 20503. And to Jeff Baumgartner, U.S. Department of Energy, OE–30, 1000 Independence Avenue SW., Washington, DC 20585 or by fax at 202– 586–2623, or by email at Jeffrey.Baumgartner@hq.doe.gov. FOR FURTHER INFORMATION CONTACT: Written comments may be sent to Jeff Baumgartner, U.S. Department of Energy, OE–30, 1000 Independence Avenue SW., Washington, DC 20585 or by fax at 202–586–2623, or by email at Jeffrey.Baumgartner@hq.doe.gov. SUPPLEMENTARY INFORMATION: This information collection request contains: (1) OMB No. 1910–5159; (2) Information Collection Request Title: Energy Priorities and Allocations System; (3) Type of Request: Extension; (4) Purpose: To meet requirements of the Defense Production Act (DPA) priorities and allocations authority with respect to all forms of energy necessary or appropriate to promote the national defense. Data supplied will be used to evaluate applicants requesting special priorities assistance to fill a rate order issued pursuant to the DPA and DOE’s implementing regulations at 10 CFR part 217. This data will also be used to conduct audits and for enforcement purposes. This collection will only be used if the Secretary of Energy determines that his authority under the DPA is necessary to maximize domestic energy supplies or to address an energy shortage. The last collection by DOE under this authority was in 2001; (5) Annual Estimated Number of Respondents: 10 or more as this collection is addressed to a substantial majority of the energy industry; (6) Annual Estimated Number of Total Responses: 10 or more as this collection is addressed to a substantial majority of the energy industry; (7) Annual Estimated Number of Burden Hours: 32 minutes per response; (8) Annual VerDate Sep<11>2014 18:13 Jul 21, 2017 Jkt 241001 Estimated Reporting and Recordkeeping Cost Burden: $0. Statutory Authority: Defense Production Act of 1950 as amended (50 U.S.C. 4501 et seq.); Executive Order 13603. Issued in Washington, DC on July 11, 2017. Devon Streit, Deputy Assistant Secretary, Office of Electricity Delivery and Energy Reliability. [FR Doc. 2017–15459 Filed 7–21–17; 8:45 am] BILLING CODE 6450–01–P DEPARTMENT OF ENERGY Office of Energy Efficiency and Renewable Energy [Case Numbers EPS–001, EPS–002, EPS– 003 and EPS–004] Notice of Petition for Waiver of Apple, Inc., Microsoft Corporation, Poin2 Lab, and Hefei Bitland Information Technology Co., Ltd. From the Department of Energy External Power Supplies Test Procedure and Grant of Interim Waiver Office of Energy Efficiency and Renewable Energy, Department of Energy. ACTION: Notice of petitions for waiver, granting of interim waiver, and request for public comment. AGENCY: This notice announces receipt of and publishes petitions for waivers from Apple, Inc. (‘‘Apple’’), Microsoft Corporation (‘‘Microsoft’’), Poin2 Lab (‘‘Poin2’’), and Hefei Bitland Information Technology Co., Ltd. (‘‘Bitland’’) (collectively, ‘‘the petitioners’’) seeking an exemption from specific portions of the U.S. Department of Energy’s (‘‘DOE’s’’) test procedure for determining external power supply (‘‘EPS’’) energy efficiency. The waiver requests pertain to adaptive EPSs that support a particular International Electrotechnical Commission standard. Under the existing DOE test procedure, the average active mode efficiency of an adaptive EPS must be tested at both its lowest and highest achievable output voltages. The petitioners contend that since their products operate above 2 amps current at the lowest achievable output voltages under rare conditions and for only brief periods of time, the suggested alternative testing approach detailed in their waiver petition requests is needed to measure the active mode efficiency of their products in a representative manner. DOE is granting the petitioners with an interim waiver from the DOE EPS test procedure for the specified basic models of EPSs, subject to use of the alternative test procedure as set forth in this document and is SUMMARY: PO 00000 Frm 00020 Fmt 4703 Sfmt 4703 soliciting comments, data, and information concerning the petitions and the suggested alternate test procedure. DATES: DOE will accept comments, data, and information with regard to the petition until August 23, 2017. ADDRESSES: You may submit comments, identified by Docket No. EERE–2017– BT–WAV–0043, by any of the following methods: • Federal eRulemaking Portal: http:// www.regulations.gov. Follow the instructions for submitting comments. • E-mail: AS_Waiver_Requests@ ee.doe.gov Include the Docket No. EERE–2017–BT–WAV–0043 in the subject line of the message. Submit electronic comments in WordPerfect, Microsoft Word, PDF, or ASCII file format, and avoid the use of special characters or any form of encryption. • Postal Mail: Mr. Bryan Berringer, U.S. Department of Energy, Building Technologies Office, Mailstop EE–5B, Petition for Waiver Docket No. EERE– 2017–BT–WAV–0043, 1000 Independence Avenue SW., Washington, DC 20585–0121. Telephone: (202) 586–0371. If possible, please submit all items on a compact disc (CD), in which case it is not necessary to include printed copies. • Hand Delivery/Courier: Appliance and Equipment Standards Program, U.S. Department of Energy, Building Technologies Office, 950 L’Enfant Plaza SW., 6th Floor, Washington, DC, 20024. Telephone: (202) 586–6636. If possible, please submit all items on a CD, in which case it is not necessary to include printed copies. Docket: The docket, which includes Federal Register notices, comments, and other supporting documents/ materials, is available for review at www.regulations.gov. All documents in the docket are listed in the www.regulations.gov index. However, some documents listed in the index, such as those containing information that is exempt from public disclosure, may not be publicly available. FOR FURTHER INFORMATION CONTACT: Mr. Jeremy Dommu, U.S. Department of Energy, Building Technologies Office, Mailstop EE–5B, 1000 Independence Avenue SW., Washington, DC 20585– 0121. Telephone: (202) 586–9870. Email: appliancestandardsquestions@ 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. E:\FR\FM\24JYN1.SGM 24JYN1 Federal Register / Vol. 82, No. 140 / Monday, July 24, 2017 / Notices mstockstill on DSK30JT082PROD with NOTICES SUPPLEMENTARY INFORMATION: I. Background and Authority Title III, Part B 1 of the Energy Policy and Conservation Act of 1975 (‘‘EPCA’’), Public Law 94–163 (42 U.S.C. 6291– 6309, as codified) established the Energy Conservation Program for Consumer Products Other Than Automobiles, a program that includes the external power supplies (‘‘EPSs’’), which are the focus of this notice.2 Part B includes definitions, test procedures, labeling provisions, energy conservation standards, and the authority to require information and reports from manufacturers. Further, Part B authorizes the Secretary of Energy to prescribe test procedures that are reasonably designed to produce results that measure energy efficiency, energy use, or estimated operating costs during a representative average-use cycle, and that are not unduly burdensome to conduct. (42 U.S.C. 6293(b)(3)) The test procedure for EPSs is contained in Title 10 of the Code of Federal Regulations (‘‘CFR’’) part 430, subpart B, Appendix Z, Uniform Test Method for Measuring the Energy Consumption of External Power Supplies. DOE’s regulations set forth at 10 CFR 430.27 contain provisions that allow a person to seek a waiver from the test procedure requirements for a particular basic model of a type of covered consumer product when: (1) The petitioner’s basic model for which the petition for waiver was submitted contains one or more design characteristics that prevent testing according to the prescribed test procedure, or (2) the prescribed test procedures may 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(a)(1). A petitioner must include in its petition any alternate test procedures known to the petitioner to evaluate the basic model in a manner representative of its energy consumption. 10 CFR 430.27(b)(1)(iii). DOE may grant a waiver subject to conditions, including adherence to alternate test procedures. 10 CFR 430.27(f)(2). As soon as practicable after the granting of any waiver, DOE will publish in the Federal Register a notice of proposed rulemaking to amend its regulations so as to eliminate any need for the continuation of such waiver. As 1 For editorial reasons, upon codification in the U.S. Code, Part B was redesignated as Part A. 2 All references to EPCA in this document refer to the statute as amended through the Energy Efficiency Improvement Act of 2015 (‘‘EEIA’’), Public Law 114–11 (April 30, 2015). VerDate Sep<11>2014 18:13 Jul 21, 2017 Jkt 241001 soon thereafter as practicable, DOE will publish in the Federal Register a final rule. 10 CFR 430.27(l). The waiver process also allows DOE to grant an interim waiver from test procedure requirements to manufacturers that have petitioned DOE for a waiver of such prescribed test procedures if it appears likely that the petition for waiver will be granted and/ or if DOE determines that it would be desirable for public policy reasons to grant immediate relief pending a determination on the petition for waiver. 10 CFR 430.27(e)(2). Within one year of issuance of an interim waiver, DOE will either: (i) Publish in the Federal Register a determination on the petition for waiver; or (ii) publish in the Federal Register a new or amended test procedure that addresses the issues presented in the waiver. 10 CFR 430.27(h)(1). When DOE amends the test procedure to address the issues presented in a waiver, the waiver will automatically terminate on the date on which use of that test procedure is required to demonstrate compliance. 10 CFR 430.27(h)(2). II. Petition for Waiver of Test Procedure and Application for Interim Waiver On June 8, 2017 and June 22, 2017, the Information Technology Industry Council (‘‘ITI’’), on behalf of the petitioners, filed petitions for waivers from the DOE test procedure for EPSs under 10 CFR 430.27 for several basic models of adaptive EPSs 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.3 All four waiver petitions were nearly identical in that they focused on each company’s respective basic models of adaptive EPSs that utilize the IEC 62680–1–2:2017 specification and provided the same rationale for why the waiver and the suggested alternative test method detailed in each petition is necessary. 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 3 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/. PO 00000 Frm 00021 Fmt 4703 Sfmt 4703 34295 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 the view of the petitioners, applying the DOE test procedure to the adaptive EPSs specified in their 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 10 CFR part 430, subpart B, Appendix Z. The lowest achievable output voltage supported by the IEC 62680–1–2:2017 specification is 5V and the nameplate current at this voltage output is 3 amps (‘‘A’’), resulting in a power output of 15 W. The petitioners contend that while the IEC 62680–1–2:2017 specification requires the tested EPS to support this power output, the 15W at 5V condition will be rarely used and only for brief periods of time. Accordingly, the petitioners assert that the DOE test procedure’s measurement of efficiency at this power level is unrepresentative of the true energy consumption of these EPSs. Consequently, they seek a waiver from DOE to permit them to use an alternative 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. In light of the similarities among these petitions, DOE is responding to them simultaneously in a single response. Under the current test procedure, when testing an adaptive EPS at the lowest achievable output voltage, the measured average active mode efficiency is equal to the average efficiency when testing the EPS at 100%, 75%, 50%, and 25% of the nameplate output current of the EPS at that voltage. See 10 CFR 430 Appendix Z, sections 1.f and 4(a)(i)(E), and Table 1). Thus, for an adaptive EPS with a lowest output voltage of 5V and a nameplate output current of 3A (resulting in a 15W output at 100% of the nameplate output current), the average active mode efficiency at the lowest output voltage would be equal to the average of the efficiencies when testing at 15W, 11.25W, 7.5W, and E:\FR\FM\24JYN1.SGM 24JYN1 34296 Federal Register / Vol. 82, No. 140 / Monday, July 24, 2017 / Notices 3.75W. The petitioners suggested that these requirements be modified for their products when calculating the average active mode efficiency—namely, by using the average of four loading conditions representing the same respective percentages of an output current of 2A. Doing so would mean that the average active mode efficiency would equal the average of the efficiencies when testing at 10W, 7.5W, 5W, and 2.5W. The petitioners suggested taking the results from this alternative approach and comparing them against the DOE efficiency requirements at 10W. In their view, this approach is consistent with the current energy conservation standards for EPS, which scale based on the power output for which the EPS is tested. The following table lists the basic model numbers for which each petitioner requests a waiver and interim waiver. TABLE 1—BASIC MODEL NUMBERS SUBMITTED BY EACH PETITIONER FOR A WAIVER AND INTERIM WAIVER Company Apple ......................... mstockstill on DSK30JT082PROD with NOTICES Microsoft .................... Poin2 ......................... Bitland ....................... Basic model No. A1718, A1719, A1540. AC–100. A16–045N1A. A045R053L. The petitioners assert that the test procedure for the lowest voltage level does not reflect actual use in the field. The IEC 62680–1–2:2017 specification requires USB-compliant products to support 15W at 5V. However, according to the petitioners, adaptive EPSs operating at 5 volts do not exceed 10W for almost all usage conditions. In their view, when charging a product that is sold or intended to be used with the EPS, the EPS charges at 5 volts only with a dead battery or fully charged battery (and then at 0.5A or less). At other times when more power is needed, the EPS will use a higher voltage rail (greater than 5V). (A ‘‘voltage rail’’ refers to a single voltage provided by the relevant power supply unit through a dedicated circuit/wire used for that voltage.) The same holds true for other end-use products manufactured by the respective manufacturers. The petitioners further state and provide data demonstrating 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 VerDate Sep<11>2014 18:13 Jul 21, 2017 Jkt 241001 capable of exploiting the ability of an adaptive EPS to provide higher voltages for faster charging. Accordingly, the petitioners argue that the current DOE test procedure, which requires that efficiency be measured above 10W at the lowest voltage condition, results in a measurement that is grossly unrepresentative of the actual energy consumption characteristics of the adaptive EPS being tested. The petitioners also request an interim waiver from the existing DOE test procedure for immediate relief. As previously noted, an interim waiver may be granted if it appears likely that the petition for waiver will be granted, and/or if DOE determines that it would be desirable for public policy reasons to grant immediate relief pending a determination of the petition for waiver. See 10 CFR 430.27(e)(2). DOE understands that absent an interim waiver, the basic models identified by the petitioners cannot be tested and rated for energy consumption on a basis representative of their true energy consumption characteristics. DOE has reviewed the suggested alternate procedure and concludes that it will allow for the accurate measurement of the energy use of these products, while alleviating the testing problems associated with petitioner’s implementation of EPS testing for their adaptive EPSs that support the IEC 62680–1–2:2017 specification. Consequently, DOE has determined that the petition for waiver will likely be granted and has decided that it is desirable for public policy reasons to grant the petitioners immediate relief pending a determination on the petition for waiver. III. Summary of Grant of Interim Waiver For the reasons stated above, DOE has informed the petitioners that it is granting the petitions for interim waiver from testing for the specified EPS basic models through separate correspondence to each petitioner, which includes an Order granting the petitions, subject to the certain specifications and conditions. The substance of the Interim Waiver Order is summarized below: After careful consideration of all the material submitted by the petitioners in this matter, DOE grants an interim waiver regarding the specified basic models. Accordingly, it is ORDERED that: (1) The petitioners must test and rate the EPSs of the following basic models as set forth in paragraph (2) below: PO 00000 Frm 00022 Fmt 4703 Sfmt 4703 Company Apple ......................... Microsoft .................... Poin2 ......................... Bitland ....................... Basic model No. A1718, A1719, A1540. AC–100. A16–045N1A. A045R053L. (2) The applicable method of test for the basic models listed in paragraph (1) is the test procedure for EPSs prescribed by DOE at 10 CFR part 430, subpart B, Appendix Z, except that under section 4(a)(i)(E) and Table 1 of Appendix Z, adaptive EPSs that meet the IEC 62680– 1–2:2017 specification must be tested such that the 100% nameplate loading condition when testing at the lowest achievable output voltage is 2A (which corresponds to an output power of 10 watts). The 75%, 50%, and 25% loading conditions shall be scaled accordingly and the nameplate output power of such an EPS, at the lowest output voltage, shall be equal to 10 watts. (3) Representations. The petitioners are permitted to make representations about the energy use of the respective adaptive EPS for compliance, marketing, or other purposes only to the extent that such products have been tested in accordance with the provisions set forth above and such representations fairly disclose the results of such testing in accordance with 10 CFR 429.37. (4) This interim waiver shall remain in effect consistent with the provisions of 10 CFR 430.27(h) and (l). (5) This interim waiver is issued on the condition that the statements, representations, and documentary materials provided by the petitioner 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 model’s true energy consumption characteristics. (6) Granting of this interim waiver does not release the petitioners from the certification requirements set forth at 10 CFR part 429. IV. Alternate Test Procedure EPCA requires that manufacturers use DOE test procedures when making representations about the energy consumption and energy consumption costs of products and equipment covered by the statute. (42 U.S.C. 6293(c); 6314(d)) Consistent representations about the energy efficiency of covered products and equipment are important for consumers evaluating products when making purchasing decisions and for manufacturers to demonstrate compliance with applicable DOE energy E:\FR\FM\24JYN1.SGM 24JYN1 Federal Register / Vol. 82, No. 140 / Monday, July 24, 2017 / Notices mstockstill on DSK30JT082PROD with NOTICES conservation standards. Pursuant to its regulations applicable to waivers and interim waivers from applicable test procedures at 10 CFR 430.27 and after considering public comments on the petition, DOE will announce its decision as to an alternate test procedure for the petitioners in a subsequent Decision and Order. During the period of the interim waiver granted in this notice, the petitioners must test the basic models listed in Table 1 according to the test procedure for EPS prescribed by DOE at 10 CFR part 430, subpart B, Appendix Z, except that the 100% nameplate loading condition when testing at the lowest achievable output voltage must be 2A (which corresponds to an output power of 10W), and the 75%, 50%, and 25% loading conditions shall scale accordingly (i.e. 1.5A, 1A, and 0.5A, respectively). The nameplate output power of the EPS at the lowest output voltage shall be equal to 10W. V. Summary and Request for Comments This document announces DOE’s receipt of the petitioners’ petitions for waiver from the DOE test procedure for EPSs and announces DOE’s decision to grant the petitioners with an interim waiver from the test procedure for the adaptive EPSs listed in Table 1 of this document. DOE is publishing the petitions from Apple, Microsoft, Poin2, and Bitland for waiver in their entirety, pursuant to 10 CFR 430.27(b)(1)(iv). The petitions contain no confidential information. The petitions include a suggested alternate test procedure to determine the energy consumption of these EPSs. The petitioners are required to use this alternate procedure, as specified in section IV of this notice, as a condition of the grant of interim waiver, and after considering public comments on the petition, DOE will publish in the Federal Register either a decision as to the continued use of this alternate procedure (or a modified version thereof) in a subsequent Decision and Order or a new or amended test procedure that addresses the issues presented in the waiver. DOE solicits comments from interested parties on all aspects of the petition, including the suggested alternate test procedure and calculation methodology. Pursuant to 10 CFR 430.27(d), any person submitting written comments to DOE must also send a copy of such comments to the petitioner. The contact information for the petitioners is: Ms. Alexandria McBride, Director of Environment and Sustainability, Information Technology Industry Council, 1101 K Street NW Suite 610, Washington, DC 20005. All VerDate Sep<11>2014 18:13 Jul 21, 2017 Jkt 241001 comment submissions must include the agency name and Docket No. EERE– 2017–BT–WAV–0043 for this proceeding. Submit electronic comments in WordPerfect, Microsoft Word, Portable Document Format (‘‘PDF’’), or text (American Standard Code for Information Interchange (‘‘ASCII’’)) file format and avoid the use of special characters or any form of encryption. Wherever possible, include the electronic signature of the author. DOE does not accept telefacsimiles (faxes). Pursuant to 10 CFR 1004.11, any person submitting information that he or she believes to be confidential and exempt by law from public disclosure should submit two copies to DOE: One copy of the document marked ‘‘confidential’’ with all of the information believed to be confidential included, and one copy of the document marked ‘‘non-confidential’’ with all of the information believed to be confidential deleted. DOE will make its own determination about the confidential status of the information and treat it according to its determination. Issued in Washington, DC, on July 11, 2017. Kathleen B. Hogan, Deputy Assistant Secretary for Energy Efficiency Energy Efficiency and Renewable Energy. BEFORE THE UNITED STATES DEPARTMENT OF ENERGY WASHINGTON, D.C. 20585 In the Matter of: Energy Efficiency Program: Test Procedure for External Power Supplies Docket No. EERE–2014–BT–TP–0043; RIN 1904–AD36 PETITION OF APPLE INC. FOR WAIVER AND APPLICATION FOR INTERIM WAIVER OF TEST PROCEDURE FOR EXTERNAL POWER SUPPLIES Apple Inc. respectfully submits this Petition for Waiver and Application for Interim Waiver 4 as related to the Department of Energy’s (DOE) test procedure for external power supplies (EPS) 5 as applied to certain adaptive EPSs.6 Apple Inc. is located at 1 Infinite Loop, Cupertino, CA 95014. Telephone number: (408) 996–1010. 10 CFR 430.27 (waiver and interim waiver). Part 430, Subpart B, Appendix Z. 6 An adaptive EPS is an external power supply that can alter its output voltage during active-mode based on an established digital communication protocol with the end-use application without any user-generated action. 10 CFR § 430.2. PO 00000 4 See 5 Id. Frm 00023 Fmt 4703 Sfmt 4703 34297 Apple Inc. revolutionized personal technology with the introduction of the Macintosh in 1984. Today, Apple Inc. leads the world in innovation with iPhone, iPad, Mac, Apple Watch and Apple TV. Apple’s four software platforms—iOS, macOS, watchOS and tvOS—provide seamless experiences across all Apple devices and empower people with breakthrough services including the App Store, Apple Music, Apple Pay and iCloud. Apple’s more than 100,000 employees are dedicated to making the best products on earth, and to leaving the world better than we found it. The adaptive EPS basic models listed in Appendix I hereto meet the criteria for a waiver.7 The current DOE test procedure evaluates the models in a manner that is that is grossly unrepresentative of their actual energy consumption characteristics in realworld usage. This circumstance has already been recognized by DOE, and it has indicated a willingness to review the situation. Apple Inc. urges that a waiver be granted that will provide for the alternate test procedure discussed herein, under which lowest voltage average efficiency would be measured at 10 watts (W). This is far more representative of the actual energy consumption characteristics of most such products in real-world usage than the 15W required by the current DOE test procedure. DOE ‘‘will grant a waiver from the test procedure requirements’’ in these circumstances.8 I. BASIC MODELS FOR WHICH A WAIVER IS REQUESTED. The basic models for which a waiver is requested are the adaptive EPSs set forth in Appendix I hereto. They are manufactured by Apple Inc. and are distributed in commerce under the Apple brand name. II. NEED FOR THE REQUESTED WAIVER. Adaptive EPSs are highly beneficial products. They allow efficient charging with less resistive loss. They can be readily reused when devices are replaced; thus, there is less need to include EPSs in the box with a new device. This all is of significant benefit to the consumer—as well as to the environment, including reduced landfill, packaging, and transportation. Under the current DOE test procedure, average active-mode efficiency for adaptive EPSs is to be measured by testing the unit twice— once at the highest achievable output 7 Id. § 430.27(f)(2). 8 Id. E:\FR\FM\24JYN1.SGM 24JYN1 34298 Federal Register / Vol. 82, No. 140 / Monday, July 24, 2017 / Notices voltage and once at the lowest.9 Testing is to be across four load points (100%, 75%, 50%, and 25%) for each of the highest and lowest voltage levels.10 The average efficiency is deemed to be the arithmetic mean of the efficiency values calculated at the four load points.11 The lowest achievable output voltage supported by the basic models is 5 volts (V). They are designed to provide a maximum power of 15W when this voltage is selected. 15W is an element of the USB Power Delivery Specification,12 which requires USB compliant products to support 15W at 5V. However, adaptive EPSs do not exceed 10W for almost all usage. 15W at 5V will only be used in rare use scenarios and only for brief periods of time. Therefore, the DOE test procedure’s evaluation at this power level is unrepresentative of the true energy consumption of the basic models in real-world usage. In that regard, where the adaptive EPS listed in Appendix I is used with an intended end use product (IEUP) manufactured by Apple Inc.,13 the adaptive EPS is required to support 15W (5V 3A [amps]) as required by the USB Power Delivery Specification, but the IEUP product is designed never to consume this level of power. The IEUP charges at 5 volts only (i) with respect to a dead battery, 0.5A, i.e., 2.5W, for up to 120 seconds; or (ii) for end of charge (battery fully charged—trickle power at < 0.5A). At other times, particularly when power above 10W is needed, the IEUP commands the EPS to use a higher voltage rail, as this is more efficient. Therefore, evaluation of adaptive EPSs at the 15W power level when evaluating efficiency at the lowest voltage rail (5V) is grossly unrepresentative of the actual energy consumption characteristics of these models in real-world usage. The same holds true of other end use products (OEUP) 14 manufactured by Apple Inc. that can be connected to basic models of adaptive EPSs listed in Appendix I hereto. When power above 10W is needed, any IEUP manufactured by Apple uses a higher voltage rail, as this is more efficient. The situation is the same for basic models of adaptive EPSs listed in 9 Id. Part 430, Subpart B, Appendix Z, § 4(a)(i)(E). §§ 4(a)(i)(C), (E), (H). 11 Id. § 4(a)(i)(H). 12 IEC 62680–1–2:2017, Universal serial bus interfaces for data and power—Part 1–2: Common components—USB Power Delivery Specification. See https://webstore.iec.ch/publication/26174. 13 An IEUP is a product that is sold or intended to be used with the unit under test (UUT) and constitutes the primary load for the UUT. 14 An OEUP is a product other than an IEUP that can be used with the UT and constitutes the primary load for the UUT. mstockstill on DSK30JT082PROD with NOTICES 10 Id. VerDate Sep<11>2014 18:13 Jul 21, 2017 Jkt 241001 Appendix 1 to be used with OEUPs from another manufacturer. These OEUPs are highly likely to be mobile phones (smartphones or feature phones) or tablets.15 As discussed herein, they are highly likely to charge at less than 10W at 5V, and to use a higher voltage rail when power above 10W is needed. As shown in Table 1, mobile phones dominate the portable device market and are ubiquitous world-wide. The most likely OEUP to be charged from an adaptive EPS is a mobile phone. Note that all mobile phones are able to be charged from an adaptive EPS using an appropriate cable. these smartphones are capable of exploiting the ability of an adaptive EPS to provide higher voltages, and thus would be expected to use these higher voltages for faster charging and not charge at ≥10W at 5V, but again the proportion is not known. (The proportion of USB Type-C smartphones that exploit the capabilities of adaptive EPSs might be expected to grow in the future.) In the figures above and in Table 3 the generous assumption is made that all such phones can charge at ≥10W at 5V. TABLE 1 See the following website for figures of the ‘‘TABLE 1’’: https:// www.regulations.gov/docket?D=EERE2017-BT-WAV-0043 As shown in Table 2, smartphones dominate the U.S. market. See the following website for figures of the ‘‘TABLE 3’’: https:// www.regulations.gov/docket?D=EERE2017-BT-WAV-0043 Distortion caused by the test procedure when used to test the efficiency of adaptive EPSs at the lowest voltage level was highlighted during the test procedure rulemaking for EPSs. It was stressed that the test procedure for the lowest voltage level does not reflect actual use in the field.17 DOE was receptive and indicated that it could make changes when more information was known. ‘‘[I]n response to comments, in response to changing markets, in response to innovative technologies, we can always change the way we do things in the future.’’ 18 DOE also stated that it had not yet done any data collection on adaptive EPSs.19 DOE’s final test procedure rule 20 acknowledged that adaptive EPSs are a ‘‘new EPS technology,’’ are ‘‘unique among EPSs’’ and ‘‘were not considered when the current test procedure was first adopted.’’ Therefore, that test procedure ‘‘did not explicitly address the unique characteristics of these types of EPSs to ensure reproducible and repeatable results.’’ 21 Recognizing the unrepresentative nature of the test procedure at the lowest voltage level, DOE also stated: At higher output voltages, EPSs typically have greater efficiency due to a lower loss ratio of the fixed voltage drops in the conversion circuitry to the nominal output voltage. These losses do not increase linearly with output voltage, so higher output voltages typically provide greater conversion efficiency.22 TABLE 2 See the following website for figures of the ‘‘TABLE 2’’: https:// www.regulations.gov/docket?D=EERE2017-BT-WAV-0043 Table 3 demonstrates that the vast majority of the shipments supporting mobile phones and tablets charge at 10W or less at 5V. For mobile phones and tablets sold in 2016: 97% of North American shipments and 97.4% of worldwide shipments charge below 10W at 5V. For charging at and above 10W at 5V the comparable numbers for smartphones and tablets sold in 2016 represented a mere 3% of North American shipments and 2.6% of worldwide shipments.16 These figures include the 2016 introduction of smartphones that use USB Type-C as the phone’s charging interface. Some of these have the capability of charging at ≥10W at 5V, but the proportion is not known so a conservative assumption is made (see below). Furthermore, some of 15 A smartphone is a mobile phone that performs many of the functions of a computer, typically having a touchscreen interface, Internet access, and an operating system capable of running downloaded applications. A feature phone is a mobile phone that is unable to run downloaded applications, and thus lacks the capabilities of a smartphone. A tablet is a small portable computer that accepts its input directly on a screen rather than via a keyboard or mouse, has Internet access, and an operating system capable of running downloaded applications. 16 Laptops are not included in the market analysis. They usually do not charge from adaptive EPSs. Newly introduced laptops that can charge from adaptive EPSs typically only charge at 5V (i) with respect to a dead battery, 0.5A, i.e., 2.5W, for up to 120 seconds; or (ii) for end of charge (battery fully charged—trickle power at < 0.5A). Some nonIT products, such as some children’s toys, charge using default power (0.5A, 2.5W), while some use 1.5A, 7.5W. PO 00000 Frm 00024 Fmt 4703 Sfmt 4703 TABLE 3 17 DOE, Transcript, External Power Supply Test Procedure NOPR Meeting at 94–100 (Nov. 21, 2014). 18 Transcript at 99 (Ashley Armstrong, DOE). 19 Id. at 108 (Jeremy Dommu, DOE). 20 80 Fed. Reg. 51424 (Aug. 25, 2015). 21 Id. 51426, 51431–32. 22 Id. 51432. E:\FR\FM\24JYN1.SGM 24JYN1 Federal Register / Vol. 82, No. 140 / Monday, July 24, 2017 / Notices III. PROPOSED ALTERNATE TEST PROCEDURE Apple Inc. proposes the following alternate test procedure to evaluate the performance of the basic models listed in Appendix I hereto. Apple Inc. shall be required to test the performance of the basic models listed in Appendix I according to the test procedures for adaptive EPSs in 10 CFR Part 430, Subpart B, Appendix Z, except that it shall modify test measurements calculation for 5V (lowest voltage level [LV]): • Measure at 4 points: 100%, 75%, 50%, & 25% of 10 W load points at 5V (LV). • Take the average. • Compare results against DOE efficiency requirement at 10W. The waiver should continue until DOE adopts an applicable amended test procedure. IV. REQUEST FOR INTERIM WAIVER. Apple Inc. also requests an interim waiver for its testing and rating of the 34299 models in Appendix I. The petition for waiver is likely to be granted, as evidenced by its merits. Without waiver relief, Apple Inc. would be subject to requirements that clearly should not apply to its products identified herein. And without such relief, Apple Inc. will be obliged to market products that, while meeting the requirements of the current DOE test procedure, will not comply with the international USB Power Delivery Specification (IEC 62680–1–2:2017). This will put Apple Inc. at a competitive disadvantage and impact Apple Inc.’s reputation for delivering standards compliant products. Apple Inc. would like to be compliant with the international USB Power Delivery Specification for the benefit of the USB adaptive charger ecosystem. characteristic(s) similar to those found in the basic models that are the subject of the petition is set forth in Appendix II hereto. * * * Apple Inc. requests expedited treatment of the Petition and Application. It is also willing to promptly provide any additional information DOE requires to act expeditiously. V. LIST OF MANFACTURERS APPENDIX I A list of manufacturers of all other basic models distributed in commerce in the United States and known to Apple Inc. to incorporate design The waiver and interim waiver requested herein should apply to testing and rating of the following basic models. VI. CONCLUSION DOE should grant Apple Inc. the requested waiver and interim waiver for the models listed in Appendix I hereto. Respectfully submitted, May 30, 2017 Carlos Ribas Director Power Systems Engineering Apple Inc. Model Product type Nameplate input rating (AC) Nameplate output rating (DC) A1718 ...... Adaptive Single Voltage External Power Supply 100–240V∼, 50–60Hz, 1.5A .......... A1719 ...... Adaptive Single Voltage External Power Supply 100–240V∼, 50–60Hz, 1.5A .......... A1540 ...... Adaptive Single Voltage External Power Supply 100–240V∼, 50–60Hz, 0.75A ........ Highest output voltage: 20.3V, 3A (60.9W). Lowest output voltage: 5V, 3A (15W). Highest output voltage: 20.3V, 4.3A (87W). Lowest output voltage: 5V, 3A (15W). Highest output voltage: 14.5V, 2A (87W). Lowest output voltage: 5V, 3A (15W). mstockstill on DSK30JT082PROD with NOTICES APPENDIX II The following are manufacturers of all other basic models distributed in commerce in the United States and known to Apple Inc. to incorporate design characteristics similar to those found in the basic models that are the subject of the petition for waiver. Acbel Active-Semi, Inc. Bitland Chicony Power Technology Chrontel, Inc Dell HONOR ELECTRONIC CO.LTD Huntkey Ever Win International Corp. Griffin Technology LLC LG Electronics USA, Inc Liteon Lucent Trans Electronics Co., Ltd. Mobileconn Technology Co., Ltd. Phihong Technology Co., Ltd. Poin2 Lab. Renesas Electronics Corp. Salcomp Plc Samsung STMicroelectronics Superior Communications Texas Instruments VerDate Sep<11>2014 18:13 Jul 21, 2017 Jkt 241001 Ventev Mobile Weltrend Semiconductor Xentris Wireless Sources include: ‘‘USB Power Brick’’, USB Implementers Forum, Inc. Accessed <http://www.usb.org/ kcompliance/view/CertifiedUSBPower Bricks.pdf BEFORE THE UNITED STATES DEPARTMENT OF ENERGY WASHINGTON, D.C. 20585 In the Matter of: Energy Efficiency Program: Test Procedure for External Power Supplies Docket No. EERE–2014–BT–TP–0043; RIN 1904–AD36 PETITION OF MICROSOFT CORPORATION FOR WAIVER AND APPLICATION FOR INTERIM WAIVER OF TEST PROCEDURE FOR EXTERNAL POWER SUPPLIES Microsoft Corporation (Microsoft) respectfully submits this Petition for Waiver and Application for Interim Waiver 1 as related to the Department of Energy’s (DOE) test procedure for PO 00000 1 See 10 CFR 430.27 (waiver and interim waiver). Frm 00025 Fmt 4703 Sfmt 4703 external power supplies (EPS) 2 as applied to certain adaptive EPSs.3 Microsoft is located at 1 Microsoft Way, Redmond, Washington 98052. Telephone: (425) 882–8080. The adaptive EPS basic models listed in Appendix I hereto meet the criteria for a waiver.4 The current DOE test procedure evaluates the models in a manner that is that is grossly unrepresentative of their actual energy consumption characteristics in realworld usage. This situation has already been recognized by DOE, and it has indicated a willingness to review the situation. Microsoft Corporation urges that a waiver be granted that will provide for the alternate test procedure discussed herein, under which lowest voltage average efficiency would be measured at 10 watts (W). This is far more representative of actual energy consumption characteristics of the 2 Id. Part 430, Subpart B, Appendix Z. adaptive EPS is an external power supply that can alter its output voltage during active-mode based on an established digital communication protocol with the end-use application without any user-generated action. 10 C.F.R. § 430.2. 4 Id. § 430.27(f)(2). 3 An E:\FR\FM\24JYN1.SGM 24JYN1 34300 Federal Register / Vol. 82, No. 140 / Monday, July 24, 2017 / Notices product in real-world usage than the 15W required by the current DOE test procedure. DOE ‘‘will grant a waiver from the test procedure requirements’’ in these circumstances.5 I. BASIC MODELS FOR WHICH A WAIVER IS REQUESTED. The basic models for which a waiver is requested are the adaptive EPSs set forth in Appendix I hereto. They are distributed in commerce under the Microsoft brand name. II. NEED FOR THE REQUESTED WAIVER. Adaptive EPSs are highly beneficial products. They allow efficient charging with less resistive loss. They can be readily reused when devices are replaced; thus, there is less need to include EPSs in the box with a new device. This all is of significant benefit to the consumer—as well as to the environment, including reduced landfill, packaging, and transportation. Under the current DOE test procedure, average active-mode efficiency for adaptive EPSs is to be measured by testing the unit twice— once at the highest achievable output voltage and once at the lowest.6 Testing is to be across four load points (100%, 75%, 50%, and 25%) for each of the highest and lowest voltage levels.7 The average efficiency is deemed to be the arithmetic mean of the efficiency values calculated at the four load points.8 The lowest achievable output voltage supported by the basic models is 5 volts (V). They are designed to provide a maximum power of 15W when this voltage is selected. 15W is an element of the USB Power Delivery Specification,9 which requires the product to support 15W at 5V. However, adaptive EPSs do not exceed 10W for almost all usage. 15W at 5V will only be used in rare use scenarios and only for brief periods of time. Therefore, the DOE test procedure’s evaluation at this power level is unrepresentative of the true energy consumption of the basic models in real-world usage. In that regard, where the adaptive EPS listed in Appendix I is used with an intended end use product (IEUP),10 the adaptive EPS is required to support 15W mstockstill on DSK30JT082PROD with NOTICES 5 Id. 6 Id. Part 430, Subpart B, Appendix Z, § 4(a)(i)(E). §§ 4(a)(i)(C), (E), (H). 8 Id. § 4(a)(i)(H). 9 IEC 62680–1–2:2017, Universal serial bus interfaces for data and power—Part 1–2: Common components—USB Power Delivery Specification. See https://webstore.iec.ch/publication/26174. 10 An IEUP is a product that is sold or intended to be used with the unit under test (UUT) and constitutes the primary load for the UUT. 7 Id. VerDate Sep<11>2014 18:13 Jul 21, 2017 Jkt 241001 (5V 3A [amps]) due to the USB Power Delivery Specification, but the IEUP product very rarely consumes this level of power. The IEUP charges at 5 volts only (i) with respect to a dead battery, 0.5A, i.e., 2.5W, for up to 120 seconds; or (ii) for end of charge (battery fully charged—trickle power at < 0.5A). Therefore, evaluation of adaptive EPSs at the 15W power level is grossly unrepresentative of the actual energy consumption characteristics of these models in real-world usage. The same holds true of other end use products (OEUP) 11 that can be connected to basic models of adaptive EPSs listed in Appendix I hereto. The situation is the same for basic models of adaptive EPSs listed in Appendix 1 to be used with OEUPs from another manufacturer. These OEUPs are highly likely to be mobile phones (smartphones or feature phones) or tablets.12 As discussed herein, they are highly likely to charge at less than 10W. As shown in Table 1, mobile phones dominate the portable device market and are ubiquitous world-wide. The most likely OEUP to be charged from an adaptive EPS is a mobile phone. Note that all mobile phones are able to be charged from an adaptive EPS using an appropriate cable. TABLE 1 See the following website for figures of the ‘‘TABLE 1’’: https:// www.regulations.gov/docket?D=EERE2017-BT-WAV-0043 As shown in Table 2, smartphones dominate the U.S. market. TABLE 2 See the following website for figures of the ‘‘TABLE 2’’: https:// www.regulations.gov/docket?D=EERE2017-BT-WAV-0043 Table 3 demonstrates that the vast majority of the shipments supporting mobile phones and tablets charge at 10W or less at 5V. For mobile phones and tablets sold in 2016: 97% of North American shipments and 97.4% of worldwide shipments charge below OEUP is a product other than an IEUP that can be used with the UT and constitutes the primary load for the UUT. 12 A smartphone is a mobile phone that performs many of the functions of a computer, typically having a touchscreen interface, internet access, and an operating system capable of running downloaded applications. A feature phone is a mobile phone that is unable to run downloaded applications, and thus lacks the capabilities of a smartphone. A tablet is a small portable computer that accepts its input directly on a screen rather than via a keyboard or mouse, has internet access, and an operating system capable of running downloaded applications. PO 00000 11 An Frm 00026 Fmt 4703 Sfmt 4703 10W at 5V. For charging at and above 10W at 5V the comparable numbers for smartphones and tablets sold in 2016 represented a mere 3% of North American shipments and 2.6% of worldwide shipments.13 These figures include the introduction in 2016 of smartphones that use USB Type-C as the phone’s charging interface. Some of these have the capability of charging at ≥10W at 5V, but proportion is not known so a conservative assumption is made (see below). Furthermore, some of these are capable of exploiting the ability of an adaptive EPS to provide higher voltages, and thus would be expected to use these higher voltages for faster charging and not charge at ≥10W at 5V, but again the proportion is not known. (The proportion of USB Type-C smartphones that exploit the capabilities of adaptive EPSs might grow in the future to some extent.) In the figures above and in Table 3 the generous assumption is made that all such phones can charge at ≥10W at 5V. TABLE 3 See the following website for figures of the ‘‘TABLE 3’’: https:// www.regulations.gov/docket?D=EERE2017-BT-WAV-0043 Distortion caused by the test procedure as applied for efficiency of adaptive EPSs at the lowest voltage level was highlighted during the test procedure rulemaking for EPSs. It was stressed that the test procedure for the lowest voltage level does not reflect actual use in the field.14 DOE was receptive and indicated that it could make changes when more information was known. ‘‘[I]n response to comments, in response to changing markets, in response to innovative technologies, we can always change the way we do things in the future.’’ 15 DOE also stated that it had not done any data collection on adaptive EPSs yet.16 DOE’s final test procedure rule 17 acknowledged that adaptive EPSs are a ‘‘new EPS technology,’’ are ‘‘unique among EPSs’’ and ‘‘were not considered when the current test procedure was 13 Laptops are not included in the market analysis. They usually do not charge from adaptive EPSs. Newly introduced laptops that can charge from adaptive EPSs typically only charge at 5V (i) with respect to a dead battery, 0.5A, i.e., 2.5W, for up to 120 seconds; or (ii) for end of charge (battery fully charged—trickle power at < 0.5A). Non-IT products such as children’s toys that charge usually charge using default power (0.5A, 2.5W); some use 1.5A, 7.5W. 14 DOE, Transcript, External Power Supply Test Procedure NOPR Meeting at 94–100 (Nov. 21, 2014). 15 Transcript at 99 (Ashley Armstrong, DOE). 16 Id. at 108 (Jeremy Dommu, DOE). 17 80 Fed. Reg. 51424 (Aug. 25, 2015). E:\FR\FM\24JYN1.SGM 24JYN1 Federal Register / Vol. 82, No. 140 / Monday, July 24, 2017 / Notices first adopted.’’ Therefore, that test procedure ‘‘did not explicitly address the unique characteristics of these types of EPSs to ensure reproducible and repeatable results.’’ 18 Virtually acknowledging the problem with the unrepresentative nature of the test procedure at the lowest voltage level, DOE also stated: At higher output voltages, EPSs typically have greater efficiency due to a lower loss ratio of the fixed voltage drops in the conversion circuitry to the nominal output voltage. These losses do not increase linearly with output voltage, so higher output voltages typically provide greater conversion efficiency.19 III. PROPOSED ALTERNATE TEST PROCEDURE Microsoft Corporation proposes the following alternate test procedure to evaluate the performance of the basic models listed in Appendix I hereto. A company subject to the waiver shall be required to test the performance of the basic models listed in Appendix I according to the test procedures for adaptive EPSs in 10 CFR Part 430, Subpart B, Appendix Z, except that it shall modify test measurements calculation for 5V (lowest voltage level [LV]): • Measure at 4 points: 100%, 75%, 50%, & 25% of 10 W load points at 5V (LV). • Take the average. • Compare results against DOE efficiency requirement at 10W. The waiver should continue until DOE adopts an applicable amended test procedure. IV. REQUEST FOR INTERIM WAIVER. Microsoft Corporation also requests an interim waiver for its testing and rating of the models in Appendix I. The petition for waiver is likely to be granted, as evidenced by its merits. Without waiver relief, the models would be subject to requirements that clearly should not apply to them. And without such relief, there will be economic hardship. Sales of adaptive EPSs will be inhibited, to the detriment of manufacturers, users and distributors of adaptive EPSs and the products that use adaptive EPSs. mstockstill on DSK30JT082PROD with NOTICES V. LIST OF MANUFACTURERS A list of manufacturers of all other basic models distributed in commerce in the United States and known to Microsoft Corporation to incorporate design characteristic(s) similar to those 18 Id. 19 Id. 51426, 51431–32. 51432. VerDate Sep<11>2014 18:13 Jul 21, 2017 Jkt 241001 found in the basic models that are the subject of the petition is set forth in Appendix II hereto. * * * Microsoft Corporation requests expedited treatment of the Petition and Application. It is also willing to provide promptly any additional information the Department thinks it needs to act with expedition. VI. CONCLUSION. DOE should grant the requested waiver and interim waiver for the models listed in Appendix I hereto. Respectfully submitted, Ted Eckert Microsoft Corporation 7 June, 2017 APPENDIX I The waiver and interim waiver requested herein should apply to testing and rating of the following basic models: AC–100 APPENDIX II The following are manufacturers of all other basic models distributed in commerce in the United States and known to Microsoft Corporation to incorporate design characteristics similar to those found in the basic models that are the subject of the petition for waiver: Acbel Active-Semi, Inc. Apple, Inc Bitland Chicony Power Technology Chrontel, Inc Dell HONOR ELECTRONIC CO.LTD Huntkey Ever Win International Corp. Griffin Technology LLC LG Electronics USA, Inc Liteon Lucent Trans Electronics Co., Ltd. Mobileconn Technology Co., Ltd. Phihong Technology Co., Ltd. Poin2 Lab. Renesas Electronics Corp. Salcomp Plc Samsung STMicroelectronics Superior Communications Texas Instruments Ventev Mobile Weltrend Semiconductor Xentris Wireless Sources include: ‘‘USB Power Brick’’, USB Implementers Forum, Inc. Accessed < http://www.usb.org/ kcompliance/view/ CertifiedUSBPowerBricks.pdf PO 00000 Frm 00027 Fmt 4703 Sfmt 4703 34301 THE UNITED STATES DEPARTMENT OF ENERGY WASHINGTON, D.C. 20585 In the Matter of: Energy Efficiency Program: Test Procedure for External Power Supplies Docket No. EERE–2014–BT–TP–0043; RIN 1904–AD36 PETITION OF POIN2 LAB. FOR WAIVER AND APPLICATION FOR INTERIM WAIVER OF TEST PROCEDURE FOR EXTERNAL POWER SUPPLIES Poin2 Lab. respectfully submits this Petition for Waiver and Application for Interim Waiver 1 as related to the Department of Energy’s (DOE) test procedure for external power supplies (EPS) 2 as applied to certain adaptive EPSs.3 Poin2 Lab. is located at 1404 Seoul Forest L-Tower, Seongdong-Gu, Seoul, 14789, South Korea. Telephone: (+82) 02–552–9012. The adaptive EPS basic models listed in Appendix I hereto meet the criteria for a waiver.4 The current DOE test procedure evaluates the models in a manner that is that is grossly unrepresentative of their actual energy consumption characteristics in realworld usage. This situation has already been recognized by DOE, and it has indicated a willingness to review the situation. Poin2 Lab. urges that a waiver be granted that will provide for the alternate test procedure discussed herein, under which lowest voltage average efficiency would be measured at 10 watts (W). This is far more representative of actual energy consumption characteristics of the product in real-world usage than the 15W required by the current DOE test procedure. DOE ‘‘will grant a waiver from the test procedure requirements’’ in these circumstances.5 I. BASIC MODELS FOR WHICH A WAIVER IS REQUESTED. The basic models for which a waiver is requested are the adaptive EPSs set forth in Appendix I hereto. They are manufactured by Chicony Power Technology and are distributed in commerce under the Chicony brand name. 1 See 10 CFR 430.27 (waiver and interim waiver). Part 430, Subpart B, Appendix Z. 3 An adaptive EPS is an external power supply that can alter its output voltage during active- mode based on an established digital communication protocol with the end-use application without any user-generated action. 10 C.F.R. § 430.2. 4 Id. § 430.27(f)(2). 5 Id. 2 Id. E:\FR\FM\24JYN1.SGM 24JYN1 34302 Federal Register / Vol. 82, No. 140 / Monday, July 24, 2017 / Notices II. NEED FOR THE REQUESTED WAIVER. mstockstill on DSK30JT082PROD with NOTICES Adaptive EPSs are highly beneficial products. They allow efficient charging with less resistive loss. They can be readily reused when devices are replaced; thus, there is less need to include EPSs in the box with a new device. This all is of significant benefit to the consumer—as well as to the environment, including reduced landfill, packaging, and transportation. Under the current DOE test procedure, average active-mode efficiency for adaptive EPSs is to be measured by testing the unit twice— once at the highest achievable output voltage and once at the lowest.6 Testing is to be across four load points (100%, 75%, 50%, and 25%) for each of the highest and lowest voltage levels.7 The average efficiency is deemed to be the arithmetic mean of the efficiency values calculated at the four load points.8 The lowest achievable output voltage supported by the basic models is 5 volts (V). They are designed to provide a maximum power of 15W when this voltage is selected. 15W is an element of the USB Power Delivery Specification,9 which requires the product to support 15W at 5V. However, adaptive EPSs do not exceed 10W for almost all usage. 15W at 5V will only be used in rare use scenarios and only for brief periods of time. Therefore, the DOE test procedure’s evaluation at this power level is unrepresentative of the true energy consumption of the basic models in real-world usage. In that regard, where the adaptive EPS listed in Appendix I is used with an intended end use product (IEUP) manufactured by Poin2 Lab.,10 the adaptive EPS is required to support 15W (5V 3A [amps]) due to the USB Power Delivery Specification, but the IEUP product very rarely consumes this level of power. The IEUP charges at 5 volts only (i) with respect to a dead battery, 0.5A, i.e., 2.5W, for up to 120 seconds; or (ii) for end of charge (battery fully charged—trickle power at < 0.5A). Therefore, evaluation of adaptive EPSs at the 15W power level is grossly unrepresentative of the actual energy consumption characteristics of these models in real- world usage. 6 Id. Part 430, Subpart B, Appendix Z, § 4(a)(i)(E). §§ 4(a)(i)(C), (E), (H). 8 Id. § 4(a)(i)(H). 9 IEC 62680–1–2:2017, Universal serial bus interfaces for data and power—Part 1–2: Common components—USB Power Delivery Specification. See https://webstore.iec.ch/publication/26174. 10 An IEUP is a product that is sold or intended to be used with the unit under test (UUT) and constitutes the primary load for the UUT. 7 Id. VerDate Sep<11>2014 18:13 Jul 21, 2017 Jkt 241001 The same holds true of other end use products (OEUP) 11 manufactured by Poin2 Lab. that can be connected to basic models of adaptive EPSs listed in Appendix I hereto. The situation is the same for basic models of adaptive EPSs listed in Appendix 1 to be used with OEUPs from another manufacturer. These OEUPs are highly likely to be mobile [sic] As shown in Table 1, mobile phones dominate the portable device market and are ubiquitous world-wide. The most likely OEUP to be charged from an adaptive EPS is a mobile phone. Note that all mobile phones are able to be charged from an adaptive EPS using an appropriate cable. TABLE 1 See the following website for figures of the ‘‘TABLE 1’’: https:// www.regulations.gov/docket?D=EERE2017-BT-WAV-0043 As shown in Table 2, smartphones dominate the U.S. market. TABLE 2 See the following website for figures of the ‘‘TABLE 2’’: https:// www.regulations.gov/docket?D=EERE2017-BT-WAV-0043 Table 3 demonstrates that the vast majority of the shipments supporting mobile phones and tablets charge at 10W or less at 5V. For mobile phones and tablets sold in 2016: 97% of North American shipments and 97.4% of worldwide shipments charge below 10W at 5V. For charging at and above 10W at 5V the comparable numbers for smartphones and tablets sold in 2016 represented a mere 3% of North American shipments and 2.6% of worldwide shipments.12 These figures include the introduction in 2016 of smartphones that use USB Type-C as the phone’s charging interface. Some of these have the capability of charging at ≥10W at 5V, but the proportion is not known so a conservative assumption is made (see below). Furthermore, some of these are capable of exploiting the ability of an adaptive EPS to provide higher voltages, and thus would be expected to use these higher voltages for 11 An OEUP is a product other than an IEUP that can be used with the UT and constitutes the primary load for the UUT. 12 Laptops are not included in the market analysis. They usually do not charge from adaptive EPSs. Newly introduced laptops that can charge from adaptive EPSs typically only charge at 5V (i) with respect to a dead battery, 0.5A, i.e., 2.5W, for up to 120 seconds; or (ii) for end of charge (battery fully charged—trickle power at < 0.5A). Non-IT products such as children’s toys that charge usually charge using default power (0.5A, 2.5W); some use 1.5A, 7.5W. PO 00000 Frm 00028 Fmt 4703 Sfmt 4703 faster charging and not charge at ≥10W at 5V, but again the proportion is not known. (The proportion of USB Type-C smartphones that exploit the capabilities of adaptive EPSs might grow in the future to some extent.) In the figures above and in Table 3 the generous assumption is made that all such phones can charge at ≥10W at 5V. TABLE 3 See the following website for figures of the ‘‘TABLE 1’’: https:// www.regulations.gov/docket?D=EERE2017-BT-WAV-0043 Distortion caused by the test procedure as applied for efficiency of adaptive EPSs at the lowest voltage level was highlighted during the test procedure rulemaking for EPSs. It was stressed that the test procedure for the lowest voltage level does not reflect actual use in the field.13 DOE was receptive and indicated that it could make changes when more information was known. ‘‘[I]n response to comments, in response to changing markets, in response to innovative technologies, we can always change the way we do things in the future.’’ 14 DOE also stated that it had not done any data collection on adaptive EPSs yet.15 DOE’s final test procedure rule 16 acknowledged that adaptive EPSs are a ‘‘new EPS technology,’’ are ‘‘unique among EPSs’’ and ‘‘were not considered when the current test procedure was first adopted.’’ Therefore, that test procedure ‘‘did not explicitly address the unique characteristics of these types of EPSs to ensure reproducible and repeatable results.’’ 17 Virtually acknowledging the problem with the unrepresentative nature of the test procedure at the lowest voltage level, DOE also stated: At higher output voltages, EPSs typically have greater efficiency due to a lower loss ratio of the fixed voltage drops in the conversion circuitry to the nominal output voltage. These losses do not increase linearly with output voltage, so higher output voltages typically provide greater conversion efficiency.18 III. PROPOSED ALTERNATE TEST PROCEDURE Poin2 Lab. proposes the following alternate test procedure to evaluate the 13 DOE, Transcript, External Power Supply Test Procedure NOPR Meeting at 94–100 (Nov. 21, 2014). 14 Transcript at 99 (Ashley Armstrong, DOE). 15 Id. at 108 (Jeremy Dommu, DOE). 16 80 Fed. Reg. 51424 (Aug. 25, 2015). 17 Id. 51426, 51431–32. 18 Id. 51432. E:\FR\FM\24JYN1.SGM 24JYN1 Federal Register / Vol. 82, No. 140 / Monday, July 24, 2017 / Notices performance of the basic models listed in Appendix I hereto. Poin2 Lab. shall be required to test the performance of the basic models listed in Appendix I according to the test procedures for adaptive EPSs in 10 C.F.R. Part 430, Subpart B, Appendix Z, except that it shall modify test measurements calculation for 5V (lowest voltage level [LV]): • Measure at 4 points: 100%, 75%, 50%, & 25% of 10 W load points at 5V (LV). • Take the average. • Compare results against DOE efficiency requirement at 10W. The waiver should continue until DOE adopts an applicable amended test procedure. IV. REQUEST FOR INTERIM WAIVER Poin2 Lab. also requests an interim waiver for its testing and rating of the models in Appendix I. The petition for waiver is likely to be granted, as evidenced by its merits. Without waiver relief, Poin2 Lab. would be subject to requirements that clearly should not apply to such products. And without such relief, Poin2 Lab. will suffer economic hardship. Sales of adaptive EPSs will be inhibited, to the detriment of Poin2 Lab. and to users and distributors of adaptive EPSs and the products that use adaptive EPSs. V. LIST OF MANUFACTURERS A list of manufacturers of all other basic models distributed in commerce in the United States and known to Poin2 Lab. to incorporate design characteristic(s) similar to those found in the basic models that are the subject of the petition is set forth in Appendix II hereto. * * * Poin2 Lab. requests expedited treatment of the Petition and Application. It is also willing to provide any additional information the Department thinks it needs to act with expedition. mstockstill on DSK30JT082PROD with NOTICES VI. CONCLUSION DOE should grant Poin2 Lab the requested waiver and interim waiver for the models listed in Appendix I hereto. Respectfully submitted, Jeongseon Euh June 7, 2017 APPENDIX I The waiver and interim waiver requested herein should apply to testing and rating of the following basic models: A16–045N1A APPENDIX II The following are manufacturers of all other basic models distributed in VerDate Sep<11>2014 18:13 Jul 21, 2017 Jkt 241001 commerce in the United States and known to Poin2 Lab. to incorporate design characteristics similar to those found in the basic models that are the subject of the petition for waiver: Acbel Active-Semi, Inc. Apple, Inc Bitland Chicony Power Technology Chrontel, Inc Dell HONOR ELECTRONIC CO.LTD Huntkey Ever Win International Corp. Griffin Technology LLC LG Electronics USA, Inc Liteon Lucent Trans Electronics Co., Ltd. Mobileconn Technology Co., Ltd. Phihong Technology Co., Ltd. Renesas Electronics Corp. Salcomp Plc Samsung STMicroelectronics Superior Communications Texas Instruments Ventev Mobile Weltrend Semiconductor Xentris Wireless Sources include: ‘‘USB Power Brick’’, USB Implementers Forum, Inc. Accessed < http://www.usb.org/ kcompliance/view/ CertifiedUSBPowerBricks.pdf BEFORE THE UNITED STATES DEPARTMENT OF ENERGY WASHINGTON, D.C. 20585 In the Matter of: Energy Efficiency Program: Test Procedure for External Power Supplies Docket No. EERE–2014–BT–TP–0043; RIN 1904–AD36 PETITION OF HEFEI BITLAND INFORMATION TECHNOLOGY CO., LTD. FOR WAIVER AND APPLICATION FOR INTERIM WAIVER OF TEST PROCEDURE FOR EXTERNAL POWER SUPPLIES Hefei Bitland Information Technology Co., Ltd. (Bitland) respectfully submits this Petition for Waiver and Application for Interim Waiver 19 as related to the Department of Energy’s (DOE) test procedure for external power supplies (EPS) 20 as applied to certain adaptive EPSs.21 Bitland is located at No. 4088, Jinziu Road, National Hefei Economic & Technology Development Area, Hefei, Anhui, China. TTelephone: 0755– 6685.2000 ext. 81379. The adaptive EPS basic models listed in Appendix I hereto meet the criteria for a waiver.22 The current DOE test 19 See 10 C.F.R. § 430.27 (waiver and interim waiver). 20 Id. Part 430, Subpart B, Appendix Z. 21 An adaptive EPS is an external power supply that can alter its output voltage during active-mode based on an established digital communication protocol with the end-use application without any user-generated action. 10 C.F.R. § 430.2. 22 Id. § 430.27(f)(2). PO 00000 Frm 00029 Fmt 4703 Sfmt 4703 34303 procedure evaluates the models in a manner that is that is grossly unrepresentative of their actual energy consumption characteristics in realworld usage. This situation has already been recognized by DOE, and it has indicated a willingness to review the situation. Bitland urges that a waiver be granted that will provide for the alternate test procedure discussed herein, under which lowest voltage average efficiency would be measured at 10 watts (W). This is far more representative of actual energy consumption characteristics of the product in real-world usage than the 15W required by the current DOE test procedure. DOE ‘‘will grant a waiver from the test procedure requirements’’ in these circumstances.23 VII. BASIC MODELS FOR WHICH A WAIVER IS REQUESTED. The basic models for which a waiver is requested are the adaptive EPSs set forth in Appendix I hereto. They are manufactured by Chicony Power Technology and are distributed in commerce under the Chicony brand name. VIII. NEED FOR THE REQUESTED WAIVER. Adaptive EPSs are highly beneficial products. They allow efficient charging with less resistive loss. They can be readily reused when devices are replaced; thus, there is less need to include EPSs in the box with a new device. This all is of significant benefit to the consumer—as well as to the environment, including reduced landfill, packaging, and transportation. Under the current DOE test procedure, average active-mode efficiency for adaptive EPSs is to be measured by testing the unit twice— once at the highest achievable output voltage and once at the lowest.24 Testing is to be across four load points (100%, 75%, 50%, and 25%) for each of the highest and lowest voltage levels.25 The average efficiency is deemed to be the arithmetic mean of the efficiency values calculated at the four load points.26 The lowest achievable output voltage supported by the basic models is 5 volts (V). They are designed to provide a maximum power of 15W when this voltage is selected. 15W is an element of the USB Power Delivery 23 Id. 24 Id. Part 430, Subpart B, Appendix Z, § 4(a)(i)(E). 25 Id. §§ 4(a)(i)(C), (E), (H). 26 Id. § 4(a)(i)(H). E:\FR\FM\24JYN1.SGM 24JYN1 34304 Federal Register / Vol. 82, No. 140 / Monday, July 24, 2017 / Notices Specification,27 which requires the product to support 15W at 5V. However, adaptive EPSs do not exceed 10W for almost all usage. 15W at 5V will only be used in rare use scenarios and only for brief periods of time. Therefore, the DOE test procedure’s evaluation at this power level is unrepresentative of the true energy consumption of the basic models in real-world usage. In that regard, where the adaptive EPS listed in Appendix I is used with an intended end use product (IEUP) manufactured by Bitland,28 the adaptive EPS is required to support 15W (5V 3A [amps]) due to the USB Power Delivery Specification, but the IEUP product very rarely consumes this level of power. The IEUP charges at 5 volts only (i) with respect to a dead battery, 0.5A, i.e., 2.5W, for up to 120 seconds; or (ii) for end of charge (battery fully charged— trickle power at < 0.5A). Therefore, evaluation of adaptive EPSs at the 15W power level is grossly unrepresentative of the actual energy consumption characteristics of these models in realworld usage. The same holds true of other end use products (OEUP) 29 manufactured by Bitland that can be connected to basic models of adaptive EPSs listed in Appendix I hereto. The situation is the same for basic models of adaptive EPSs listed in Appendix 1 to be used with OEUPs from another manufacturer. These OEUPs are highly likely to be mobile As shown in Table 1, mobile phones dominate the portable device market and are ubiquitous world-wide. The most likely OEUP to be charged from an adaptive EPS is a mobile phone. Note that all mobile phones are able to be charged from an adaptive EPS using an appropriate cable. TABLE 1 See the following website for figures of the ‘‘TABLE 1’’: https:// www.regulations.gov/docket?D=EERE2017-BT-WAV-0043 As shown in Table 2, smartphones dominate the U.S. market. mstockstill on DSK30JT082PROD with NOTICES TABLE 2 See the following website for figures of the ‘‘TABLE 2’’: https:// www.regulations.gov/docket?D=EERE2017-BT-WAV-0043 27 IEC 62680–1–2:2017, Universal serial bus interfaces for data and power—Part 1–2: Common components—USB Power Delivery Specification. See https://webstore.iec.ch/publication/26174. 28 An IEUP is a product that is sold or intended to be used with the unit under test (UUT) and constitutes the primary load for the UUT. 29 An OEUP is a product other than an IEUP that can be used with the UT and constitutes the primary load for the UUT. VerDate Sep<11>2014 18:13 Jul 21, 2017 Jkt 241001 Table 3 demonstrates that the vast majority of the shipments supporting mobile phones and tablets charge at 10W or less at 5V. For mobile phones and tablets sold in 2016: 97% of North American shipments and 97.4% of worldwide shipments charge below 10W at 5V. For charging at and above 10W at 5V the comparable numbers for smartphones and tablets sold in 2016 represented a mere 3% of North American shipments and 2.6% of worldwide shipments.30 These figures include the introduction in 2016 of smartphones that use USB Type-C as the phone’s charging interface. Some of these have the capability of charging at ≥10W at 5V, but the proportion is not known so a conservative assumption is made (see below). Furthermore, some of these are capable of exploiting the ability of an adaptive EPS to provide higher voltages, and thus would be expected to use these higher voltages for faster charging and not charge at ≥10W at 5V, but again the proportion is not known. (The proportion of USB Type-C smartphones that exploit the capabilities of adaptive EPSs might grow in the future to some extent.) In the figures above and in Table 3 the generous assumption is made that all such phones can charge at ≥10W at 5V. TABLE 3 See the following website for figures of the ‘‘TABLE 1’’: https:// www.regulations.gov/docket?D=EERE2017-BT-WAV-0043 Distortion caused by the test procedure as applied for efficiency of adaptive EPSs at the lowest voltage level was highlighted during the test procedure rulemaking for EPSs. It was stressed that the test procedure for the lowest voltage level does not reflect actual use in the field.31 DOE was receptive and indicated that it could make changes when more information was known. ‘‘[I]n response to comments, in response to changing markets, in response to innovative technologies, we can always change the way we do things in the future.’’ 32 DOE 30 Laptops are not included in the market analysis. They usually do not charge from adaptive EPSs. Newly introduced laptops that can charge from adaptive EPSs typically only charge at 5V (i) with respect to a dead battery, 0.5A, i.e., 2.5W, for up to 120 seconds; or (ii) for end of charge (battery fully charged—trickle power at < 0.5A). Non-IT products such as children’s toys that charge usually charge using default power (0.5A, 2.5W); some use 1.5A, 7.5 31 DOE, Transcript, External Power Supply Test Procedure NOPR Meeting at 94–100 (Nov. 21, 2014). 32 Transcript at 99 (Ashley Armstrong, DOE). PO 00000 Frm 00030 Fmt 4703 Sfmt 4703 also stated that it had not done any data collection on adaptive EPSs yet.33 DOE’s final test procedure rule 34 acknowledged that adaptive EPSs are a ‘‘new EPS technology,’’ are ‘‘unique among EPSs’’ and ‘‘were not considered when the current test procedure was first adopted.’’ Therefore, that test procedure ‘‘did not explicitly address the unique characteristics of these types of EPSs to ensure reproducible and repeatable results.’’ 35 Virtually acknowledging the problem with the unrepresentative nature of the test procedure at the lowest voltage level, DOE also stated: At higher output voltages, EPSs typically have greater efficiency due to a lower loss ratio of the fixed voltage drops in the conversion circuitry to the nominal output voltage. These losses do not increase linearly with output voltage, so higher output voltages typically provide greater conversion efficiency.36 IX. PROPOSED ALTERNATE TEST PROCEDURE Bitland. proposes the following alternate test procedure to evaluate the performance of the basic models listed in Appendix I hereto. Bitland shall be required to test the performance of the basic models listed in Appendix I according to the test procedures for adaptive EPSs in 10 C.F.R. Part 430, Subpart B, Appendix Z, except that it shall modify test measurements calculation for 5V (lowest voltage level [LV]): • Measure at 4 points: 100%, 75%, 50%, & 25% of 10 W load points at 5V (LV). • Take the average. • Compare results against DOE efficiency requirement at 10W. The waiver should continue until DOE adopts an applicable amended test procedure. X. REQUEST FOR INTERIM WAIVER Bitland also requests an interim waiver for its testing and rating of the models in Appendix I. The petition for waiver is likely to be granted, as evidenced by its merits. Without waiver relief, Bitland would be subject to requirements that clearly should not apply to such products. And without such relief, Bitland will suffer economic hardship. Sales of adaptive EPSs will be inhibited, to the detriment of Bitland and to users and distributors of adaptive EPSs and the products that use adaptive EPSs. 33 Id. at 108 (Jeremy Dommu, DOE). Fed. Reg. 51424 (Aug. 25, 2015). 35 Id. 51426, 51431–32. 36 Id. 51432. 34 80 E:\FR\FM\24JYN1.SGM 24JYN1 Federal Register / Vol. 82, No. 140 / Monday, July 24, 2017 / Notices XI. LIST OF MANUFACTURER A list of manufacturers of all other basic models distributed in commerce in the United States and known to Bitland to incorporate design characteristic(s) similar to those found in the basic models that are the subject of the petition is set forth in Appendix II hereto. * * * Bitland requests expedited treatment of the Petition and Application. It is also willing to provide any additional information the Department thinks it needs to act with expedition. XII. CONCLUSION DOE should grant Bitland the requested waiver and interim waiver for the models listed in Appendix I hereto. Respectfully submitted, Robert Hsiao June 22, 2017 mstockstill on DSK30JT082PROD with NOTICES APPENDIX I The waiver and interim waiver requested herein should apply to testing and rating of the following basic models: A045R053L provided by Chicony Power Technology. APPENDIX II The following are manufacturers of all other basic models distributed in commerce in the United States and known to Bitland to incorporate design characteristics similar to those found in the basic models that are the subject of the petition for waiver: Acbel Active-Semi, Inc. Apple, Inc Bitland Chicony Power Technology Chrontel, Inc Dell HONOR ELECTRONIC CO.LTD Huntkey Ever Win International Corp. Griffin Technology LLC LG Electronics USA, Inc Liteon Liteon Lucent Trans Electronics Co., Ltd. Mobileconn Technology Co., Ltd. Phihong Technology Co., Ltd. Poin2 Lab. Renesas Electronics Corp. Salcomp Plc Samsung STMicroelectronics Superior Communications Texas Instruments Ventev Mobile Weltrend Semiconductor Xentris Wireless Sources include: ‘‘USB Power Brick’’, USB Implementers Forum, Inc. Accessed < http://www.usb.org/ kcompliance/view/ CertifiedUSBPowerBricks.pdf [FR Doc. 2017–15134 Filed 7–21–17; 8:45 am] BILLING CODE 6450–01–P VerDate Sep<11>2014 18:13 Jul 21, 2017 Jkt 241001 DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Project No. 14590–001] Pike Island Energy, LLC; Notice of Intent To File License Application, Filing of Pre-Application Document, Approving Use of the Traditional Licensing Process a. Type of Filing: Notice of Intent to File License Application and Request to Use the Traditional Licensing Process. b. Project No.: 14590–001. c. Dates Filed: May 31, 2017 and June 13, 2017. d. Submitted By: Pike Island Energy, LLC. e. Name of Project: Pike Island Hydroelectric Project. f. Location: At the existing U.S. Army Corps of Engineers’ Pike Island Locks and Dam on the Ohio River, in Belmont and Jefferson Counties, Ohio, and Ohio County, West Virginia. The project would occupy United States lands administered by the U.S. Army Corps of Engineers. g. Filed Pursuant to: 18 CFR 5.3 of the Commission’s regulations. h. Potential Applicant Contact: Alan W. Skelly, J.S., CEO; Pike Island Energy, LLC, 127 Longwood Boulevard, Mount Orab, Ohio 45154; (513) 375–9242; email: awskelly@gmail.com. i. FERC Contact: Chelsea Hudock at (202) 502–8448; or email at chelsea.hudock@ferc.gov. j. Pike Island Energy, LLC filed its pre-application document on May 31, 2017. On June 13, 2017, Pike Island Energy, LLC filed its request to use the Traditional Licensing Process, and provided public notice of its request on June 2, 2017. In a letter dated July 18, 2017, the Director of the Division of Hydropower Licensing approved Pike Island Energy, LLC’s request to use the Traditional Licensing Process. k. With this notice, we are initiating informal consultation with the U.S. Fish and Wildlife Service under section 7 of the Endangered Species Act and the joint agency regulations thereunder at 50 CFR, Part 402. We are also initiating consultation with the Ohio State Historic Preservation Officer and West Virginia State Historic Preservation Officer, as required by section 106, National Historic Preservation Act, and the implementing regulations of the Advisory Council on Historic Preservation at 36 CFR 800.2. l. With this notice, we are designating Pike Island Energy, LLC as the Commission’s non-federal representative for carrying out informal PO 00000 Frm 00031 Fmt 4703 Sfmt 4703 34305 consultation pursuant to section 7 of the Endangered Species Act and consultation pursuant to section 106 of the National Historic Preservation Act. m. Pike Island Energy, LLC filed a Pre-Application Document (PAD); including a proposed process plan and schedule) with the Commission, pursuant to 18 CFR 5.6 of the Commission’s regulations. n. A copy of the PAD is available for review at the Commission in the Public Reference Room or may be viewed on the Commission’s Web site (http:// www.ferc.gov), using the eLibrary link. Enter the docket number, excluding the last three digits in the docket number field to access the document. For assistance, contact FERC Online Support at FERCONlineSupport@ ferc.gov, (866) 208–3676 (toll free), or (202) 502–8659 (TTY). A copy is also available for inspection and reproduction at the address in paragraph h. o. Register online at http:// www.ferc.gov/docs-filing/ esubscription.asp to be notified via email of new filing and issuances related to this or other pending projects. For assistance, contact FERC Online Support. Dated: July 18, 2017. Kimberly D. Bose, Secretary. [FR Doc. 2017–15433 Filed 7–21–17; 8:45 am] BILLING CODE 6717–01–P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission Combined Notice of Filings Take notice that the Commission has received the following Natural Gas Pipeline Rate and Refund Report filings: Filings Instituting Proceedings Docket Numbers: CP16–17–002. Applicants: Millennium Pipeline Company, L.L.C. Description: Abbreviated Application for a Limited Amendment of Certificate of Public Convenience and Necessity of Millennium Pipeline Company, L.L.C. Filed Date: 06/02/2017. Accession Number: 20170602–5155. Comment Date: 5:00 p.m. Eastern Time on Friday, August 4, 2017. Docket Numbers: RP17–900–000. Applicants: Dominion Energy Questar Pipeline, LLC. Description: Dominion Energy Questar Pipeline, LLC submits tariff filing per 154.204: Firm Peaking E:\FR\FM\24JYN1.SGM 24JYN1

Agencies

[Federal Register Volume 82, Number 140 (Monday, July 24, 2017)]
[Notices]
[Pages 34294-34305]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-15134]


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DEPARTMENT OF ENERGY

Office of Energy Efficiency and Renewable Energy

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


Notice of Petition for Waiver of Apple, Inc., Microsoft 
Corporation, Poin2 Lab, and Hefei Bitland Information Technology Co., 
Ltd. From the Department of Energy External Power Supplies Test 
Procedure and Grant of Interim Waiver

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

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

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

SUMMARY: This notice announces receipt of and publishes petitions for 
waivers from Apple, Inc. (``Apple''), Microsoft Corporation 
(``Microsoft''), Poin2 Lab (``Poin2''), and Hefei Bitland Information 
Technology Co., Ltd. (``Bitland'') (collectively, ``the petitioners'') 
seeking an exemption from specific portions of the U.S. Department of 
Energy's (``DOE's'') test procedure for determining external power 
supply (``EPS'') energy efficiency. The waiver requests pertain to 
adaptive EPSs that support a particular International Electrotechnical 
Commission standard. Under the existing DOE test procedure, the average 
active mode efficiency of an adaptive EPS must be tested at both its 
lowest and highest achievable output voltages. The petitioners contend 
that since their products operate above 2 amps current at the lowest 
achievable output voltages under rare conditions and for only brief 
periods of time, the suggested alternative testing approach detailed in 
their waiver petition requests is needed to measure the active mode 
efficiency of their products in a representative manner. DOE is 
granting the petitioners with an interim waiver from the DOE EPS test 
procedure for the specified basic models of EPSs, subject to use of the 
alternative test procedure as set forth in this document and is 
soliciting comments, data, and information concerning the petitions and 
the suggested alternate test procedure.

DATES: DOE will accept comments, data, and information with regard to 
the petition until August 23, 2017.

ADDRESSES: You may submit comments, identified by Docket No. EERE-2017-
BT-WAV-0043, by any of the following methods:
     Federal eRulemaking Portal: http://www.regulations.gov. 
Follow the instructions for submitting comments.
     E-mail: AS_Waiver_Requests@ee.doe.gov Include the Docket 
No. EERE-2017-BT-WAV-0043 in the subject line of the message. Submit 
electronic comments in WordPerfect, Microsoft Word, PDF, or ASCII file 
format, and avoid the use of special characters or any form of 
encryption.
     Postal Mail: Mr. Bryan Berringer, U.S. Department of 
Energy, Building Technologies Office, Mailstop EE-5B, Petition for 
Waiver Docket No. EERE-2017-BT-WAV-0043, 1000 Independence Avenue SW., 
Washington, DC 20585-0121. Telephone: (202) 586-0371. If possible, 
please submit all items on a compact disc (CD), in which case it is not 
necessary to include printed copies.
     Hand Delivery/Courier: Appliance and Equipment Standards 
Program, U.S. Department of Energy, Building Technologies Office, 950 
L'Enfant Plaza SW., 6th Floor, Washington, DC, 20024. Telephone: (202) 
586-6636. If possible, please submit all items on a CD, in which case 
it is not necessary to include printed copies.
    Docket: The docket, which includes Federal Register notices, 
comments, and other supporting documents/materials, is available for 
review at www.regulations.gov. All documents in the docket are listed 
in the www.regulations.gov index. However, some documents listed in the 
index, such as those containing information that is exempt from public 
disclosure, may not be publicly available.

FOR FURTHER INFORMATION CONTACT: Mr. Jeremy Dommu, U.S. Department of 
Energy, Building Technologies Office, Mailstop EE-5B, 1000 Independence 
Avenue SW., Washington, DC 20585-0121. Telephone: (202) 586-9870. 
Email: appliancestandardsquestions@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.

[[Page 34295]]


SUPPLEMENTARY INFORMATION:

I. Background and Authority

    Title III, Part B \1\ of the Energy Policy and Conservation Act of 
1975 (``EPCA''), Public Law 94-163 (42 U.S.C. 6291-6309, as codified) 
established the Energy Conservation Program for Consumer Products Other 
Than Automobiles, a program that includes the external power supplies 
(``EPSs''), which are the focus of this notice.\2\ Part B includes 
definitions, test procedures, labeling provisions, energy conservation 
standards, and the authority to require information and reports from 
manufacturers. Further, Part B authorizes the Secretary of Energy to 
prescribe test procedures that are reasonably designed to produce 
results that measure energy efficiency, energy use, or estimated 
operating costs during a representative average-use cycle, and that are 
not unduly burdensome to conduct. (42 U.S.C. 6293(b)(3)) The test 
procedure for EPSs is contained in Title 10 of the Code of Federal 
Regulations (``CFR'') part 430, subpart B, Appendix Z, Uniform Test 
Method for Measuring the Energy Consumption of External Power Supplies.
---------------------------------------------------------------------------

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

    DOE's regulations set forth at 10 CFR 430.27 contain provisions 
that allow a person to seek a waiver from the test procedure 
requirements for a particular basic model of a type of covered consumer 
product when: (1) The petitioner's basic model for which the petition 
for waiver was submitted contains one or more design characteristics 
that prevent testing according to the prescribed test procedure, or (2) 
the prescribed test procedures may 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(a)(1). 
A petitioner must include in its petition any alternate test procedures 
known to the petitioner to evaluate the basic model in a manner 
representative of its energy consumption. 10 CFR 430.27(b)(1)(iii).
    DOE may grant a waiver subject to conditions, including adherence 
to alternate test procedures. 10 CFR 430.27(f)(2). As soon as 
practicable after the granting of any waiver, DOE will publish in the 
Federal Register a notice of proposed rulemaking to amend its 
regulations so as to eliminate any need for the continuation of such 
waiver. As soon thereafter as practicable, DOE will publish in the 
Federal Register a final rule. 10 CFR 430.27(l).
    The waiver process also allows DOE to grant an interim waiver from 
test procedure requirements to manufacturers that have petitioned DOE 
for a waiver of such prescribed test procedures if it appears likely 
that the petition for waiver will be granted and/or if DOE determines 
that it would be desirable for public policy reasons to grant immediate 
relief pending a determination on the petition for waiver. 10 CFR 
430.27(e)(2). Within one year of issuance of an interim waiver, DOE 
will either: (i) Publish in the Federal Register a determination on the 
petition for waiver; or (ii) publish in the Federal Register a new or 
amended test procedure that addresses the issues presented in the 
waiver. 10 CFR 430.27(h)(1). When DOE amends the test procedure to 
address the issues presented in a waiver, the waiver will automatically 
terminate on the date on which use of that test procedure is required 
to demonstrate compliance. 10 CFR 430.27(h)(2).

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

    On June 8, 2017 and June 22, 2017, the Information Technology 
Industry Council (``ITI''), on behalf of the petitioners, filed 
petitions for waivers from the DOE test procedure for EPSs under 10 CFR 
430.27 for several basic models of adaptive EPSs 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.\3\ All four waiver petitions were nearly identical in 
that they focused on each company's respective basic models of adaptive 
EPSs that utilize the IEC 62680-1-2:2017 specification and provided the 
same rationale for why the waiver and the suggested alternative test 
method detailed in each petition is necessary. The IEC specification 
describes the particular architecture, protocols, power supply 
behavior, connectors, and cabling necessary for managing power delivery 
over a universal serial bus (``USB'') connection at power levels of up 
to 100 watts (``W''). The purpose behind this specification is to help 
provide a standardized approach for power supply and peripheral 
developers to ensure backward compatibility while retaining product 
design and marketing flexibility. See generally, IEC 62680-1-2:2017 
(Abstract) (describing the standard's general provisions and purpose).
---------------------------------------------------------------------------

    \3\ 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 the view of the petitioners, applying the DOE test procedure to 
the adaptive EPSs specified in their 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 10 CFR part 430, subpart 
B, Appendix Z. The lowest achievable output voltage supported by the 
IEC 62680-1-2:2017 specification is 5V and the nameplate current at 
this voltage output is 3 amps (``A''), resulting in a power output of 
15 W. The petitioners contend that while the IEC 62680-1-2:2017 
specification requires the tested EPS to support this power output, the 
15W at 5V condition will be rarely used and only for brief periods of 
time. Accordingly, the petitioners assert that the DOE test procedure's 
measurement of efficiency at this power level is unrepresentative of 
the true energy consumption of these EPSs. Consequently, they seek a 
waiver from DOE to permit them to use an alternative 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. In light of the similarities among these petitions, DOE is 
responding to them simultaneously in a single response.
    Under the current test procedure, when testing an adaptive EPS at 
the lowest achievable output voltage, the measured average active mode 
efficiency is equal to the average efficiency when testing the EPS at 
100%, 75%, 50%, and 25% of the nameplate output current of the EPS at 
that voltage. See 10 CFR 430 Appendix Z, sections 1.f and 4(a)(i)(E), 
and Table 1). Thus, for an adaptive EPS with a lowest output voltage of 
5V and a nameplate output current of 3A (resulting in a 15W output at 
100% of the nameplate output current), the average active mode 
efficiency at the lowest output voltage would be equal to the average 
of the efficiencies when testing at 15W, 11.25W, 7.5W, and

[[Page 34296]]

3.75W. The petitioners suggested that these requirements be modified 
for their products when calculating the average active mode 
efficiency--namely, by using the average of four loading conditions 
representing the same respective percentages of an output current of 
2A. Doing so would mean that the average active mode efficiency would 
equal the average of the efficiencies when testing at 10W, 7.5W, 5W, 
and 2.5W. The petitioners suggested taking the results from this 
alternative approach and comparing them against the DOE efficiency 
requirements at 10W. In their view, this approach is consistent with 
the current energy conservation standards for EPS, which scale based on 
the power output for which the EPS is tested.
    The following table lists the basic model numbers for which each 
petitioner requests a waiver and interim waiver.

 Table 1--Basic Model Numbers Submitted by Each Petitioner for a Waiver
                           and Interim Waiver
------------------------------------------------------------------------
                  Company                          Basic model No.
------------------------------------------------------------------------
Apple.....................................  A1718, A1719, A1540.
Microsoft.................................  AC-100.
Poin2.....................................  A16-045N1A.
Bitland...................................  A045R053L.
------------------------------------------------------------------------

    The petitioners assert that the test procedure for the lowest 
voltage level does not reflect actual use in the field. The IEC 62680-
1-2:2017 specification requires USB-compliant products to support 15W 
at 5V. However, according to the petitioners, adaptive EPSs operating 
at 5 volts do not exceed 10W for almost all usage conditions. In their 
view, when charging a product that is sold or intended to be used with 
the EPS, the EPS charges at 5 volts only with a dead battery or fully 
charged battery (and then at 0.5A or less). At other times when more 
power is needed, the EPS will use a higher voltage rail (greater than 
5V). (A ``voltage rail'' refers to a single voltage provided by the 
relevant power supply unit through a dedicated circuit/wire used for 
that voltage.) The same holds true for other end-use products 
manufactured by the respective manufacturers. The petitioners further 
state and provide data demonstrating 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, the 
petitioners argue that the current DOE test procedure, which requires 
that efficiency be measured above 10W at the lowest voltage condition, 
results in a measurement that is grossly unrepresentative of the actual 
energy consumption characteristics of the adaptive EPS being tested.
    The petitioners also request an interim waiver from the existing 
DOE test procedure for immediate relief. As previously noted, an 
interim waiver may be granted if it appears likely that the petition 
for waiver will be granted, and/or if DOE determines that it would be 
desirable for public policy reasons to grant immediate relief pending a 
determination of the petition for waiver. See 10 CFR 430.27(e)(2).
    DOE understands that absent an interim waiver, the basic models 
identified by the petitioners cannot be tested and rated for energy 
consumption on a basis representative of their true energy consumption 
characteristics. DOE has reviewed the suggested alternate procedure and 
concludes that it will allow for the accurate measurement of the energy 
use of these products, while alleviating the testing problems 
associated with petitioner's implementation of EPS testing for their 
adaptive EPSs that support the IEC 62680-1-2:2017 specification. 
Consequently, DOE has determined that the petition for waiver will 
likely be granted and has decided that it is desirable for public 
policy reasons to grant the petitioners immediate relief pending a 
determination on the petition for waiver.

III. Summary of Grant of Interim Waiver

    For the reasons stated above, DOE has informed the petitioners that 
it is granting the petitions for interim waiver from testing for the 
specified EPS basic models through separate correspondence to each 
petitioner, which includes an Order granting the petitions, subject to 
the certain specifications and conditions. The substance of the Interim 
Waiver Order is summarized below:
    After careful consideration of all the material submitted by the 
petitioners in this matter, DOE grants an interim waiver regarding the 
specified basic models. Accordingly, it is ORDERED that:
    (1) The petitioners must test and rate the EPSs of the following 
basic models as set forth in paragraph (2) below:

------------------------------------------------------------------------
                  Company                          Basic model No.
------------------------------------------------------------------------
Apple.....................................  A1718, A1719, A1540.
Microsoft.................................  AC-100.
Poin2.....................................  A16-045N1A.
Bitland...................................  A045R053L.
------------------------------------------------------------------------

    (2) The applicable method of test for the basic models listed in 
paragraph (1) is the test procedure for EPSs prescribed by DOE at 10 
CFR part 430, subpart B, Appendix Z, except that under section 
4(a)(i)(E) and Table 1 of Appendix Z, adaptive EPSs that meet the IEC 
62680-1-2:2017 specification must be tested such that the 100% 
nameplate loading condition when testing at the lowest achievable 
output voltage is 2A (which corresponds to an output power of 10 
watts). The 75%, 50%, and 25% loading conditions shall be scaled 
accordingly and the nameplate output power of such an EPS, at the 
lowest output voltage, shall be equal to 10 watts.
    (3) Representations. The petitioners are permitted to make 
representations about the energy use of the respective adaptive EPS for 
compliance, marketing, or other purposes only to the extent that such 
products have been tested in accordance with the provisions set forth 
above and such representations fairly disclose the results of such 
testing in accordance with 10 CFR 429.37.
    (4) This interim waiver shall remain in effect consistent with the 
provisions of 10 CFR 430.27(h) and (l).
    (5) This interim waiver is issued on the condition that the 
statements, representations, and documentary materials provided by the 
petitioner 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 model's true energy consumption 
characteristics.
    (6) Granting of this interim waiver does not release the 
petitioners from the certification requirements set forth at 10 CFR 
part 429.

IV. Alternate Test Procedure

    EPCA requires that manufacturers use DOE test procedures when 
making representations about the energy consumption and energy 
consumption costs of products and equipment covered by the statute. (42 
U.S.C. 6293(c); 6314(d)) Consistent representations about the energy 
efficiency of covered products and equipment are important for 
consumers evaluating products when making purchasing decisions and for 
manufacturers to demonstrate compliance with applicable DOE energy

[[Page 34297]]

conservation standards. Pursuant to its regulations applicable to 
waivers and interim waivers from applicable test procedures at 10 CFR 
430.27 and after considering public comments on the petition, DOE will 
announce its decision as to an alternate test procedure for the 
petitioners in a subsequent Decision and Order.
    During the period of the interim waiver granted in this notice, the 
petitioners must test the basic models listed in Table 1 according to 
the test procedure for EPS prescribed by DOE at 10 CFR part 430, 
subpart B, Appendix Z, except that the 100% nameplate loading condition 
when testing at the lowest achievable output voltage must be 2A (which 
corresponds to an output power of 10W), and the 75%, 50%, and 25% 
loading conditions shall scale accordingly (i.e. 1.5A, 1A, and 0.5A, 
respectively). The nameplate output power of the EPS at the lowest 
output voltage shall be equal to 10W.

V. Summary and Request for Comments

    This document announces DOE's receipt of the petitioners' petitions 
for waiver from the DOE test procedure for EPSs and announces DOE's 
decision to grant the petitioners with an interim waiver from the test 
procedure for the adaptive EPSs listed in Table 1 of this document. DOE 
is publishing the petitions from Apple, Microsoft, Poin2, and Bitland 
for waiver in their entirety, pursuant to 10 CFR 430.27(b)(1)(iv). The 
petitions contain no confidential information. The petitions include a 
suggested alternate test procedure to determine the energy consumption 
of these EPSs. The petitioners are required to use this alternate 
procedure, as specified in section IV of this notice, as a condition of 
the grant of interim waiver, and after considering public comments on 
the petition, DOE will publish in the Federal Register either a 
decision as to the continued use of this alternate procedure (or a 
modified version thereof) in a subsequent Decision and Order or a new 
or amended test procedure that addresses the issues presented in the 
waiver.
    DOE solicits comments from interested parties on all aspects of the 
petition, including the suggested alternate test procedure and 
calculation methodology. Pursuant to 10 CFR 430.27(d), any person 
submitting written comments to DOE must also send a copy of such 
comments to the petitioner. The contact information for the petitioners 
is: Ms. Alexandria McBride, Director of Environment and Sustainability, 
Information Technology Industry Council, 1101 K Street NW Suite 610, 
Washington, DC 20005. All comment submissions must include the agency 
name and Docket No. EERE-2017-BT-WAV-0043 for this proceeding. Submit 
electronic comments in WordPerfect, Microsoft Word, Portable Document 
Format (``PDF''), or text (American Standard Code for Information 
Interchange (``ASCII'')) file format and avoid the use of special 
characters or any form of encryption. Wherever possible, include the 
electronic signature of the author. DOE does not accept telefacsimiles 
(faxes).
    Pursuant to 10 CFR 1004.11, any person submitting information that 
he or she believes to be confidential and exempt by law from public 
disclosure should submit two copies to DOE: One copy of the document 
marked ``confidential'' with all of the information believed to be 
confidential included, and one copy of the document marked ``non-
confidential'' with all of the information believed to be confidential 
deleted. DOE will make its own determination about the confidential 
status of the information and treat it according to its determination.

    Issued in Washington, DC, on July 11, 2017.
Kathleen B. Hogan,
Deputy Assistant Secretary for Energy Efficiency Energy Efficiency and 
Renewable Energy.

BEFORE THE UNITED STATES DEPARTMENT OF ENERGY WASHINGTON, D.C. 20585

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

PETITION OF APPLE INC. FOR WAIVER AND APPLICATION FOR INTERIM WAIVER OF 
TEST PROCEDURE FOR EXTERNAL POWER SUPPLIES

    Apple Inc. respectfully submits this Petition for Waiver and 
Application for Interim Waiver \4\ as related to the Department of 
Energy's (DOE) test procedure for external power supplies (EPS) \5\ as 
applied to certain adaptive EPSs.\6\
---------------------------------------------------------------------------

    \4\ See 10 CFR 430.27 (waiver and interim waiver).
    \5\ Id. Part 430, Subpart B, Appendix Z.
    \6\ An adaptive EPS is an external power supply that can alter 
its output voltage during active-mode based on an established 
digital communication protocol with the end-use application without 
any user-generated action. 10 CFR Sec.  430.2.
---------------------------------------------------------------------------

    Apple Inc. is located at 1 Infinite Loop, Cupertino, CA 95014. 
Telephone number: (408) 996-1010.
    Apple Inc. revolutionized personal technology with the introduction 
of the Macintosh in 1984. Today, Apple Inc. leads the world in 
innovation with iPhone, iPad, Mac, Apple Watch and Apple TV. Apple's 
four software platforms--iOS, macOS, watchOS and tvOS--provide seamless 
experiences across all Apple devices and empower people with 
breakthrough services including the App Store, Apple Music, Apple Pay 
and iCloud. Apple's more than 100,000 employees are dedicated to making 
the best products on earth, and to leaving the world better than we 
found it.
    The adaptive EPS basic models listed in Appendix I hereto meet the 
criteria for a waiver.\7\ The current DOE test procedure evaluates the 
models in a manner that is that is grossly unrepresentative of their 
actual energy consumption characteristics in real-world usage. This 
circumstance has already been recognized by DOE, and it has indicated a 
willingness to review the situation. Apple Inc. urges that a waiver be 
granted that will provide for the alternate test procedure discussed 
herein, under which lowest voltage average efficiency would be measured 
at 10 watts (W). This is far more representative of the actual energy 
consumption characteristics of most such products in real-world usage 
than the 15W required by the current DOE test procedure. DOE ``will 
grant a waiver from the test procedure requirements'' in these 
circumstances.\8\
---------------------------------------------------------------------------

    \7\ Id. Sec.  430.27(f)(2).
    \8\ Id.
---------------------------------------------------------------------------

I. BASIC MODELS FOR WHICH A WAIVER IS REQUESTED.

    The basic models for which a waiver is requested are the adaptive 
EPSs set forth in Appendix I hereto. They are manufactured by Apple 
Inc. and are distributed in commerce under the Apple brand name.

II. NEED FOR THE REQUESTED WAIVER.

    Adaptive EPSs are highly beneficial products. They allow efficient 
charging with less resistive loss. They can be readily reused when 
devices are replaced; thus, there is less need to include EPSs in the 
box with a new device. This all is of significant benefit to the 
consumer--as well as to the environment, including reduced landfill, 
packaging, and transportation.
    Under the current DOE test procedure, average active-mode 
efficiency for adaptive EPSs is to be measured by testing the unit 
twice--once at the highest achievable output

[[Page 34298]]

voltage and once at the lowest.\9\ Testing is to be across four load 
points (100%, 75%, 50%, and 25%) for each of the highest and lowest 
voltage levels.\10\ The average efficiency is deemed to be the 
arithmetic mean of the efficiency values calculated at the four load 
points.\11\
---------------------------------------------------------------------------

    \9\ Id. Part 430, Subpart B, Appendix Z, Sec.  4(a)(i)(E).
    \10\ Id. Sec. Sec.  4(a)(i)(C), (E), (H).
    \11\ Id. Sec.  4(a)(i)(H).
---------------------------------------------------------------------------

    The lowest achievable output voltage supported by the basic models 
is 5 volts (V). They are designed to provide a maximum power of 15W 
when this voltage is selected. 15W is an element of the USB Power 
Delivery Specification,\12\ which requires USB compliant products to 
support 15W at 5V. However, adaptive EPSs do not exceed 10W for almost 
all usage. 15W at 5V will only be used in rare use scenarios and only 
for brief periods of time. Therefore, the DOE test procedure's 
evaluation at this power level is unrepresentative of the true energy 
consumption of the basic models in real-world usage.
---------------------------------------------------------------------------

    \12\ IEC 62680-1-2:2017, Universal serial bus interfaces for 
data and power--Part 1-2: Common components--USB Power Delivery 
Specification. See https://webstore.iec.ch/publication/26174.
---------------------------------------------------------------------------

    In that regard, where the adaptive EPS listed in Appendix I is used 
with an intended end use product (IEUP) manufactured by Apple Inc.,\13\ 
the adaptive EPS is required to support 15W (5V 3A [amps]) as required 
by the USB Power Delivery Specification, but the IEUP product is 
designed never to consume this level of power. The IEUP charges at 5 
volts only (i) with respect to a dead battery, 0.5A, i.e., 2.5W, for up 
to 120 seconds; or (ii) for end of charge (battery fully charged--
trickle power at < 0.5A). At other times, particularly when power above 
10W is needed, the IEUP commands the EPS to use a higher voltage rail, 
as this is more efficient. Therefore, evaluation of adaptive EPSs at 
the 15W power level when evaluating efficiency at the lowest voltage 
rail (5V) is grossly unrepresentative of the actual energy consumption 
characteristics of these models in real-world usage.
---------------------------------------------------------------------------

    \13\ An IEUP is a product that is sold or intended to be used 
with the unit under test (UUT) and constitutes the primary load for 
the UUT.
---------------------------------------------------------------------------

    The same holds true of other end use products (OEUP) \14\ 
manufactured by Apple Inc. that can be connected to basic models of 
adaptive EPSs listed in Appendix I hereto. When power above 10W is 
needed, any IEUP manufactured by Apple uses a higher voltage rail, as 
this is more efficient.
---------------------------------------------------------------------------

    \14\ An OEUP is a product other than an IEUP that can be used 
with the UT and constitutes the primary load for the UUT.
---------------------------------------------------------------------------

    The situation is the same for basic models of adaptive EPSs listed 
in Appendix 1 to be used with OEUPs from another manufacturer. These 
OEUPs are highly likely to be mobile phones (smartphones or feature 
phones) or tablets.\15\ As discussed herein, they are highly likely to 
charge at less than 10W at 5V, and to use a higher voltage rail when 
power above 10W is needed.
---------------------------------------------------------------------------

    \15\ A smartphone is a mobile phone that performs many of the 
functions of a computer, typically having a touchscreen interface, 
Internet access, and an operating system capable of running 
downloaded applications. A feature phone is a mobile phone that is 
unable to run downloaded applications, and thus lacks the 
capabilities of a smartphone. A tablet is a small portable computer 
that accepts its input directly on a screen rather than via a 
keyboard or mouse, has Internet access, and an operating system 
capable of running downloaded applications.
---------------------------------------------------------------------------

    As shown in Table 1, mobile phones dominate the portable device 
market and are ubiquitous world-wide. The most likely OEUP to be 
charged from an adaptive EPS is a mobile phone. Note that all mobile 
phones are able to be charged from an adaptive EPS using an appropriate 
cable.

TABLE 1

See the following website for figures of the ``TABLE 1'': https://www.regulations.gov/docket?D=EERE-2017-BT-WAV-0043

    As shown in Table 2, smartphones dominate the U.S. market.

TABLE 2

See the following website for figures of the ``TABLE 2'': https://www.regulations.gov/docket?D=EERE-2017-BT-WAV-0043

    Table 3 demonstrates that the vast majority of the shipments 
supporting mobile phones and tablets charge at 10W or less at 5V. For 
mobile phones and tablets sold in 2016: 97% of North American shipments 
and 97.4% of worldwide shipments charge below 10W at 5V. For charging 
at and above 10W at 5V the comparable numbers for smartphones and 
tablets sold in 2016 represented a mere 3% of North American shipments 
and 2.6% of worldwide shipments.\16\ These figures include the 2016 
introduction of smartphones that use USB Type-C as the phone's charging 
interface. Some of these have the capability of charging at >=10W at 
5V, but the proportion is not known so a conservative assumption is 
made (see below). Furthermore, some of these smartphones are capable of 
exploiting the ability of an adaptive EPS to provide higher voltages, 
and thus would be expected to use these higher voltages for faster 
charging and not charge at >=10W at 5V, but again the proportion is not 
known. (The proportion of USB Type-C smartphones that exploit the 
capabilities of adaptive EPSs might be expected to grow in the future.) 
In the figures above and in Table 3 the generous assumption is made 
that all such phones can charge at >=10W at 5V.
---------------------------------------------------------------------------

    \16\ Laptops are not included in the market analysis. They 
usually do not charge from adaptive EPSs. Newly introduced laptops 
that can charge from adaptive EPSs typically only charge at 5V (i) 
with respect to a dead battery, 0.5A, i.e., 2.5W, for up to 120 
seconds; or (ii) for end of charge (battery fully charged--trickle 
power at < 0.5A). Some non-IT products, such as some children's 
toys, charge using default power (0.5A, 2.5W), while some use 1.5A, 
7.5W.
---------------------------------------------------------------------------

TABLE 3

See the following website for figures of the ``TABLE 3'': https://www.regulations.gov/docket?D=EERE-2017-BT-WAV-0043

    Distortion caused by the test procedure when used to test the 
efficiency of adaptive EPSs at the lowest voltage level was highlighted 
during the test procedure rulemaking for EPSs.
    It was stressed that the test procedure for the lowest voltage 
level does not reflect actual use in the field.\17\ DOE was receptive 
and indicated that it could make changes when more information was 
known. ``[I]n response to comments, in response to changing markets, in 
response to innovative technologies, we can always change the way we do 
things in the future.'' \18\ DOE also stated that it had not yet done 
any data collection on adaptive EPSs.\19\
---------------------------------------------------------------------------

    \17\ DOE, Transcript, External Power Supply Test Procedure NOPR 
Meeting at 94-100 (Nov. 21, 2014).
    \18\ Transcript at 99 (Ashley Armstrong, DOE).
    \19\ Id. at 108 (Jeremy Dommu, DOE).
---------------------------------------------------------------------------

    DOE's final test procedure rule \20\ acknowledged that adaptive 
EPSs are a ``new EPS technology,'' are ``unique among EPSs'' and ``were 
not considered when the current test procedure was first adopted.'' 
Therefore, that test procedure ``did not explicitly address the unique 
characteristics of these types of EPSs to ensure reproducible and 
repeatable results.'' \21\
---------------------------------------------------------------------------

    \20\ 80 Fed. Reg. 51424 (Aug. 25, 2015).
    \21\ Id. 51426, 51431-32.
---------------------------------------------------------------------------

    Recognizing the unrepresentative nature of the test procedure at 
the lowest voltage level, DOE also stated:
    At higher output voltages, EPSs typically have greater efficiency 
due to a lower loss ratio of the fixed voltage drops in the conversion 
circuitry to the nominal output voltage. These losses do not increase 
linearly with output voltage, so higher output voltages typically 
provide greater conversion efficiency.\22\
---------------------------------------------------------------------------

    \22\ Id. 51432.

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

[[Page 34299]]

III. PROPOSED ALTERNATE TEST PROCEDURE

    Apple Inc. proposes the following alternate test procedure to 
evaluate the performance of the basic models listed in Appendix I 
hereto.
    Apple Inc. shall be required to test the performance of the basic 
models listed in Appendix I according to the test procedures for 
adaptive EPSs in 10 CFR Part 430, Subpart B, Appendix Z, except that it 
shall modify test measurements calculation for 5V (lowest voltage level 
[LV]):
     Measure at 4 points: 100%, 75%, 50%, & 25% of 10 W load 
points at 5V (LV).
     Take the average.
     Compare results against DOE efficiency requirement at 10W.
    The waiver should continue until DOE adopts an applicable amended 
test procedure.

IV. REQUEST FOR INTERIM WAIVER.

    Apple Inc. also requests an interim waiver for its testing and 
rating of the models in Appendix I. The petition for waiver is likely 
to be granted, as evidenced by its merits. Without waiver relief, Apple 
Inc. would be subject to requirements that clearly should not apply to 
its products identified herein. And without such relief, Apple Inc. 
will be obliged to market products that, while meeting the requirements 
of the current DOE test procedure, will not comply with the 
international USB Power Delivery Specification (IEC 62680-1-2:2017). 
This will put Apple Inc. at a competitive disadvantage and impact Apple 
Inc.'s reputation for delivering standards compliant products. Apple 
Inc. would like to be compliant with the international USB Power 
Delivery Specification for the benefit of the USB adaptive charger 
ecosystem.

V. LIST OF MANFACTURERS

    A list of manufacturers of all other basic models distributed in 
commerce in the United States and known to Apple Inc. to incorporate 
design characteristic(s) similar to those found in the basic models 
that are the subject of the petition is set forth in Appendix II 
hereto.
    * * *
    Apple Inc. requests expedited treatment of the Petition and 
Application. It is also willing to promptly provide any additional 
information DOE requires to act expeditiously.

VI. CONCLUSION

    DOE should grant Apple Inc. the requested waiver and interim waiver 
for the models listed in Appendix I hereto.

    Respectfully submitted,
    May 30, 2017
    Carlos Ribas
    Director Power Systems Engineering
    Apple Inc.

APPENDIX I

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

----------------------------------------------------------------------------------------------------------------
                                                                 Nameplate input rating  Nameplate output rating
                Model                        Product type                 (AC)                     (DC)
----------------------------------------------------------------------------------------------------------------
A1718................................  Adaptive Single Voltage  100-240V~, 50-60Hz,      Highest output voltage:
                                        External Power Supply.   1.5A.                    20.3V, 3A (60.9W).
                                                                                          Lowest output voltage:
                                                                                          5V, 3A (15W).
A1719................................  Adaptive Single Voltage  100-240V~, 50-60Hz,      Highest output voltage:
                                        External Power Supply.   1.5A.                    20.3V, 4.3A (87W).
                                                                                         Lowest output voltage:
                                                                                          5V, 3A (15W).
A1540................................  Adaptive Single Voltage  100-240V~, 50-60Hz,      Highest output voltage:
                                        External Power Supply.   0.75A.                   14.5V, 2A (87W).
                                                                                         Lowest output voltage:
                                                                                          5V, 3A (15W).
----------------------------------------------------------------------------------------------------------------

APPENDIX II

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

Acbel
Active-Semi, Inc.
Bitland
Chicony Power Technology
Chrontel, Inc
Dell
HONOR ELECTRONIC CO.LTD
Huntkey
Ever Win International Corp.
Griffin Technology LLC
LG Electronics USA, Inc
Liteon
Lucent Trans Electronics Co., Ltd.
Mobileconn Technology Co., Ltd.
Phihong Technology Co., Ltd.
Poin2 Lab.
Renesas Electronics Corp.
Salcomp Plc
Samsung
STMicroelectronics
Superior Communications
Texas Instruments
Ventev Mobile
Weltrend Semiconductor
Xentris Wireless

    Sources include: ``USB Power Brick'', USB Implementers Forum, Inc.
    Accessed <http://www.usb.org/kcompliance/view/CertifiedUSBPowerBricks.pdf

BEFORE THE UNITED STATES DEPARTMENT OF ENERGY WASHINGTON, D.C. 20585

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

PETITION OF MICROSOFT CORPORATION FOR WAIVER AND APPLICATION FOR 
INTERIM WAIVER OF TEST PROCEDURE FOR EXTERNAL POWER SUPPLIES

    Microsoft Corporation (Microsoft) respectfully submits this 
Petition for Waiver and Application for Interim Waiver \1\ as related 
to the Department of Energy's (DOE) test procedure for external power 
supplies (EPS) \2\ as applied to certain adaptive EPSs.\3\
---------------------------------------------------------------------------

    \1\ See 10 CFR 430.27 (waiver and interim waiver).
    \2\ Id. Part 430, Subpart B, Appendix Z.
    \3\ An adaptive EPS is an external power supply that can alter 
its output voltage during active-mode based on an established 
digital communication protocol with the end-use application without 
any user-generated action. 10 C.F.R. Sec.  430.2.
---------------------------------------------------------------------------

    Microsoft is located at 1 Microsoft Way, Redmond, Washington 98052. 
Telephone: (425) 882-8080.
    The adaptive EPS basic models listed in Appendix I hereto meet the 
criteria for a waiver.\4\ The current DOE test procedure evaluates the 
models in a manner that is that is grossly unrepresentative of their 
actual energy consumption characteristics in real-world usage. This 
situation has already been recognized by DOE, and it has indicated a 
willingness to review the situation. Microsoft Corporation urges that a 
waiver be granted that will provide for the alternate test procedure 
discussed herein, under which lowest voltage average efficiency would 
be measured at 10 watts (W). This is far more representative of actual 
energy consumption characteristics of the

[[Page 34300]]

product in real-world usage than the 15W required by the current DOE 
test procedure. DOE ``will grant a waiver from the test procedure 
requirements'' in these circumstances.\5\
---------------------------------------------------------------------------

    \4\ Id. Sec.  430.27(f)(2).
    \5\ Id.
---------------------------------------------------------------------------

I. BASIC MODELS FOR WHICH A WAIVER IS REQUESTED.

    The basic models for which a waiver is requested are the adaptive 
EPSs set forth in Appendix I hereto. They are distributed in commerce 
under the Microsoft brand name.

II. NEED FOR THE REQUESTED WAIVER.

    Adaptive EPSs are highly beneficial products. They allow efficient 
charging with less resistive loss. They can be readily reused when 
devices are replaced; thus, there is less need to include EPSs in the 
box with a new device. This all is of significant benefit to the 
consumer--as well as to the environment, including reduced landfill, 
packaging, and transportation.
    Under the current DOE test procedure, average active-mode 
efficiency for adaptive EPSs is to be measured by testing the unit 
twice--once at the highest achievable output voltage and once at the 
lowest.\6\ Testing is to be across four load points (100%, 75%, 50%, 
and 25%) for each of the highest and lowest voltage levels.\7\ The 
average efficiency is deemed to be the arithmetic mean of the 
efficiency values calculated at the four load points.\8\
---------------------------------------------------------------------------

    \6\ Id. Part 430, Subpart B, Appendix Z, Sec.  4(a)(i)(E).
    \7\ Id. Sec. Sec.  4(a)(i)(C), (E), (H).
    \8\ Id. Sec.  4(a)(i)(H).
---------------------------------------------------------------------------

    The lowest achievable output voltage supported by the basic models 
is 5 volts (V). They are designed to provide a maximum power of 15W 
when this voltage is selected. 15W is an element of the USB Power 
Delivery Specification,\9\ which requires the product to support 15W at 
5V.
---------------------------------------------------------------------------

    \9\ IEC 62680-1-2:2017, Universal serial bus interfaces for data 
and power--Part 1-2: Common components--USB Power Delivery 
Specification. See https://webstore.iec.ch/publication/26174.
---------------------------------------------------------------------------

    However, adaptive EPSs do not exceed 10W for almost all usage. 15W 
at 5V will only be used in rare use scenarios and only for brief 
periods of time. Therefore, the DOE test procedure's evaluation at this 
power level is unrepresentative of the true energy consumption of the 
basic models in real-world usage.
    In that regard, where the adaptive EPS listed in Appendix I is used 
with an intended end use product (IEUP),\10\ the adaptive EPS is 
required to support 15W (5V 3A [amps]) due to the USB Power Delivery 
Specification, but the IEUP product very rarely consumes this level of 
power. The IEUP charges at 5 volts only (i) with respect to a dead 
battery, 0.5A, i.e., 2.5W, for up to 120 seconds; or (ii) for end of 
charge (battery fully charged--trickle power at < 0.5A). Therefore, 
evaluation of adaptive EPSs at the 15W power level is grossly 
unrepresentative of the actual energy consumption characteristics of 
these models in real-world usage.
---------------------------------------------------------------------------

    \10\ An IEUP is a product that is sold or intended to be used 
with the unit under test (UUT) and constitutes the primary load for 
the UUT.
---------------------------------------------------------------------------

    The same holds true of other end use products (OEUP) \11\ that can 
be connected to basic models of adaptive EPSs listed in Appendix I 
hereto.
---------------------------------------------------------------------------

    \11\ An OEUP is a product other than an IEUP that can be used 
with the UT and constitutes the primary load for the UUT.
---------------------------------------------------------------------------

    The situation is the same for basic models of adaptive EPSs listed 
in Appendix 1 to be used with OEUPs from another manufacturer. These 
OEUPs are highly likely to be mobile phones (smartphones or feature 
phones) or tablets.\12\ As discussed herein, they are highly likely to 
charge at less than 10W.
---------------------------------------------------------------------------

    \12\ A smartphone is a mobile phone that performs many of the 
functions of a computer, typically having a touchscreen interface, 
internet access, and an operating system capable of running 
downloaded applications. A feature phone is a mobile phone that is 
unable to run downloaded applications, and thus lacks the 
capabilities of a smartphone. A tablet is a small portable computer 
that accepts its input directly on a screen rather than via a 
keyboard or mouse, has internet access, and an operating system 
capable of running downloaded applications.
---------------------------------------------------------------------------

    As shown in Table 1, mobile phones dominate the portable device 
market and are ubiquitous world-wide. The most likely OEUP to be 
charged from an adaptive EPS is a mobile phone. Note that all mobile 
phones are able to be charged from an adaptive EPS using an appropriate 
cable.

TABLE 1

See the following website for figures of the ``TABLE 1'': https://www.regulations.gov/docket?D=EERE-2017-BT-WAV-0043

    As shown in Table 2, smartphones dominate the U.S. market.

TABLE 2

See the following website for figures of the ``TABLE 2'': https://www.regulations.gov/docket?D=EERE-2017-BT-WAV-0043

    Table 3 demonstrates that the vast majority of the shipments 
supporting mobile phones and tablets charge at 10W or less at 5V. For 
mobile phones and tablets sold in 2016: 97% of North American shipments 
and 97.4% of worldwide shipments charge below 10W at 5V. For charging 
at and above 10W at 5V the comparable numbers for smartphones and 
tablets sold in 2016 represented a mere 3% of North American shipments 
and 2.6% of worldwide shipments.\13\ These figures include the 
introduction in 2016 of smartphones that use USB Type-C as the phone's 
charging interface. Some of these have the capability of charging at 
>=10W at 5V, but proportion is not known so a conservative assumption 
is made (see below). Furthermore, some of these are capable of 
exploiting the ability of an adaptive EPS to provide higher voltages, 
and thus would be expected to use these higher voltages for faster 
charging and not charge at >=10W at 5V, but again the proportion is not 
known. (The proportion of USB Type-C smartphones that exploit the 
capabilities of adaptive EPSs might grow in the future to some extent.) 
In the figures above and in Table 3 the generous assumption is made 
that all such phones can charge at >=10W at 5V.
---------------------------------------------------------------------------

    \13\ Laptops are not included in the market analysis. They 
usually do not charge from adaptive EPSs. Newly introduced laptops 
that can charge from adaptive EPSs typically only charge at 5V (i) 
with respect to a dead battery, 0.5A, i.e., 2.5W, for up to 120 
seconds; or (ii) for end of charge (battery fully charged--trickle 
power at < 0.5A). Non-IT products such as children's toys that 
charge usually charge using default power (0.5A, 2.5W); some use 
1.5A, 7.5W.
---------------------------------------------------------------------------

TABLE 3

See the following website for figures of the ``TABLE 3'': https://www.regulations.gov/docket?D=EERE-2017-BT-WAV-0043

    Distortion caused by the test procedure as applied for efficiency 
of adaptive EPSs at the lowest voltage level was highlighted during the 
test procedure rulemaking for EPSs.
    It was stressed that the test procedure for the lowest voltage 
level does not reflect actual use in the field.\14\ DOE was receptive 
and indicated that it could make changes when more information was 
known. ``[I]n response to comments, in response to changing markets, in 
response to innovative technologies, we can always change the way we do 
things in the future.'' \15\ DOE also stated that it had not done any 
data collection on adaptive EPSs yet.\16\
---------------------------------------------------------------------------

    \14\ DOE, Transcript, External Power Supply Test Procedure NOPR 
Meeting at 94-100 (Nov. 21, 2014).
    \15\ Transcript at 99 (Ashley Armstrong, DOE).
    \16\ Id. at 108 (Jeremy Dommu, DOE).
---------------------------------------------------------------------------

    DOE's final test procedure rule \17\ acknowledged that adaptive 
EPSs are a ``new EPS technology,'' are ``unique among EPSs'' and ``were 
not considered when the current test procedure was

[[Page 34301]]

first adopted.'' Therefore, that test procedure ``did not explicitly 
address the unique characteristics of these types of EPSs to ensure 
reproducible and repeatable results.'' \18\
---------------------------------------------------------------------------

    \17\ 80 Fed. Reg. 51424 (Aug. 25, 2015).
    \18\ Id. 51426, 51431-32.
---------------------------------------------------------------------------

    Virtually acknowledging the problem with the unrepresentative 
nature of the test procedure at the lowest voltage level, DOE also 
stated:
    At higher output voltages, EPSs typically have greater efficiency 
due to a lower loss ratio of the fixed voltage drops in the conversion 
circuitry to the nominal output voltage. These losses do not increase 
linearly with output voltage, so higher output voltages typically 
provide greater conversion efficiency.\19\
---------------------------------------------------------------------------

    \19\ Id. 51432.
---------------------------------------------------------------------------

III. PROPOSED ALTERNATE TEST PROCEDURE

    Microsoft Corporation proposes the following alternate test 
procedure to evaluate the performance of the basic models listed in 
Appendix I hereto.
    A company subject to the waiver shall be required to test the 
performance of the basic models listed in Appendix I according to the 
test procedures for adaptive EPSs in 10 CFR Part 430, Subpart B, 
Appendix Z, except that it shall modify test measurements calculation 
for 5V (lowest voltage level [LV]):
     Measure at 4 points: 100%, 75%, 50%, & 25% of 10 W load 
points at 5V (LV).
     Take the average.
     Compare results against DOE efficiency requirement at 10W.
    The waiver should continue until DOE adopts an applicable amended 
test procedure.

IV. REQUEST FOR INTERIM WAIVER.

    Microsoft Corporation also requests an interim waiver for its 
testing and rating of the models in Appendix I. The petition for waiver 
is likely to be granted, as evidenced by its merits. Without waiver 
relief, the models would be subject to requirements that clearly should 
not apply to them. And without such relief, there will be economic 
hardship. Sales of adaptive EPSs will be inhibited, to the detriment of 
manufacturers, users and distributors of adaptive EPSs and the products 
that use adaptive EPSs.

V. LIST OF MANUFACTURERS

    A list of manufacturers of all other basic models distributed in 
commerce in the United States and known to Microsoft Corporation to 
incorporate design characteristic(s) similar to those found in the 
basic models that are the subject of the petition is set forth in 
Appendix II hereto.
    * * *
    Microsoft Corporation requests expedited treatment of the Petition 
and Application. It is also willing to provide promptly any additional 
information the Department thinks it needs to act with expedition.

VI. CONCLUSION.

    DOE should grant the requested waiver and interim waiver for the 
models listed in Appendix I hereto.

    Respectfully submitted,
    Ted Eckert
    Microsoft Corporation
    7 June, 2017 24JY3.

APPENDIX I

    The waiver and interim waiver requested herein should apply to 
testing and rating of the following basic models: AC-100

APPENDIX II

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

Acbel
Active-Semi, Inc.
Apple, Inc
Bitland
Chicony Power Technology
Chrontel, Inc
Dell
HONOR ELECTRONIC CO.LTD
Huntkey
Ever Win International Corp.
Griffin Technology LLC
LG Electronics USA, Inc
Liteon
Lucent Trans Electronics Co., Ltd.
Mobileconn Technology Co., Ltd.
Phihong Technology Co., Ltd.
Poin2 Lab.
Renesas Electronics Corp.
Salcomp Plc
Samsung
STMicroelectronics
Superior Communications
Texas Instruments
Ventev Mobile
Weltrend Semiconductor
Xentris Wireless
    Sources include: ``USB Power Brick'', USB Implementers Forum, Inc.
    Accessed < http://www.usb.org/kcompliance/view/CertifiedUSBPowerBricks.pdf

THE UNITED STATES DEPARTMENT OF ENERGY WASHINGTON, D.C. 20585

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

PETITION OF POIN2 LAB. FOR WAIVER AND APPLICATION FOR INTERIM WAIVER OF 
TEST PROCEDURE FOR EXTERNAL POWER SUPPLIES

    Poin2 Lab. respectfully submits this Petition for Waiver and 
Application for Interim Waiver \1\ as related to the Department of 
Energy's (DOE) test procedure for external power supplies (EPS) \2\ as 
applied to certain adaptive EPSs.\3\
---------------------------------------------------------------------------

    \1\ See 10 CFR 430.27 (waiver and interim waiver).
    \2\ Id. Part 430, Subpart B, Appendix Z.
    \3\ An adaptive EPS is an external power supply that can alter 
its output voltage during active- mode based on an established 
digital communication protocol with the end-use application without 
any user-generated action. 10 C.F.R. Sec.  430.2.
---------------------------------------------------------------------------

    Poin2 Lab. is located at 1404 Seoul Forest L-Tower, Seongdong-Gu, 
Seoul, 14789, South Korea. Telephone: (+82) 02-552-9012.
    The adaptive EPS basic models listed in Appendix I hereto meet the 
criteria for a waiver.\4\ The current DOE test procedure evaluates the 
models in a manner that is that is grossly unrepresentative of their 
actual energy consumption characteristics in real-world usage. This 
situation has already been recognized by DOE, and it has indicated a 
willingness to review the situation. Poin2 Lab. urges that a waiver be 
granted that will provide for the alternate test procedure discussed 
herein, under which lowest voltage average efficiency would be measured 
at 10 watts (W). This is far more representative of actual energy 
consumption characteristics of the product in real-world usage than the 
15W required by the current DOE test procedure. DOE ``will grant a 
waiver from the test procedure requirements'' in these 
circumstances.\5\
---------------------------------------------------------------------------

    \4\ Id. Sec.  430.27(f)(2).
    \5\ Id.
---------------------------------------------------------------------------

I. BASIC MODELS FOR WHICH A WAIVER IS REQUESTED.

    The basic models for which a waiver is requested are the adaptive 
EPSs set forth in Appendix I hereto. They are manufactured by Chicony 
Power Technology and are distributed in commerce under the Chicony 
brand name.

[[Page 34302]]

II. NEED FOR THE REQUESTED WAIVER.

    Adaptive EPSs are highly beneficial products. They allow efficient 
charging with less resistive loss. They can be readily reused when 
devices are replaced; thus, there is less need to include EPSs in the 
box with a new device. This all is of significant benefit to the 
consumer--as well as to the environment, including reduced landfill, 
packaging, and transportation.
    Under the current DOE test procedure, average active-mode 
efficiency for adaptive EPSs is to be measured by testing the unit 
twice--once at the highest achievable output voltage and once at the 
lowest.\6\ Testing is to be across four load points (100%, 75%, 50%, 
and 25%) for each of the highest and lowest voltage levels.\7\ The 
average efficiency is deemed to be the arithmetic mean of the 
efficiency values calculated at the four load points.\8\
---------------------------------------------------------------------------

    \6\ Id. Part 430, Subpart B, Appendix Z, Sec.  4(a)(i)(E).
    \7\ Id. Sec. Sec.  4(a)(i)(C), (E), (H).
    \8\ Id. Sec.  4(a)(i)(H).
---------------------------------------------------------------------------

    The lowest achievable output voltage supported by the basic models 
is 5 volts (V). They are designed to provide a maximum power of 15W 
when this voltage is selected. 15W is an element of the USB Power 
Delivery Specification,\9\ which requires the product to support 15W at 
5V. However, adaptive EPSs do not exceed 10W for almost all usage. 15W 
at 5V will only be used in rare use scenarios and only for brief 
periods of time. Therefore, the DOE test procedure's evaluation at this 
power level is unrepresentative of the true energy consumption of the 
basic models in real-world usage.
---------------------------------------------------------------------------

    \9\ IEC 62680-1-2:2017, Universal serial bus interfaces for data 
and power--Part 1-2: Common components--USB Power Delivery 
Specification. See https://webstore.iec.ch/publication/26174.
---------------------------------------------------------------------------

    In that regard, where the adaptive EPS listed in Appendix I is used 
with an intended end use product (IEUP) manufactured by Poin2 Lab.,\10\ 
the adaptive EPS is required to support 15W (5V 3A [amps]) due to the 
USB Power Delivery Specification, but the IEUP product very rarely 
consumes this level of power. The IEUP charges at 5 volts only (i) with 
respect to a dead battery, 0.5A, i.e., 2.5W, for up to 120 seconds; or 
(ii) for end of charge (battery fully charged--trickle power at < 
0.5A). Therefore, evaluation of adaptive EPSs at the 15W power level is 
grossly unrepresentative of the actual energy consumption 
characteristics of these models in real- world usage.
---------------------------------------------------------------------------

    \10\ An IEUP is a product that is sold or intended to be used 
with the unit under test (UUT) and constitutes the primary load for 
the UUT.
---------------------------------------------------------------------------

    The same holds true of other end use products (OEUP) \11\ 
manufactured by Poin2 Lab. that can be connected to basic models of 
adaptive EPSs listed in Appendix I hereto.
---------------------------------------------------------------------------

    \11\ An OEUP is a product other than an IEUP that can be used 
with the UT and constitutes the primary load for the UUT.
---------------------------------------------------------------------------

    The situation is the same for basic models of adaptive EPSs listed 
in Appendix 1 to be used with OEUPs from another manufacturer. These 
OEUPs are highly likely to be mobile [sic]
    As shown in Table 1, mobile phones dominate the portable device 
market and are ubiquitous world-wide. The most likely OEUP to be 
charged from an adaptive EPS is a mobile phone. Note that all mobile 
phones are able to be charged from an adaptive EPS using an appropriate 
cable.

TABLE 1

See the following website for figures of the ``TABLE 1'': https://www.regulations.gov/docket?D=EERE-2017-BT-WAV-0043

    As shown in Table 2, smartphones dominate the U.S. market.

TABLE 2

See the following website for figures of the ``TABLE 2'': https://www.regulations.gov/docket?D=EERE-2017-BT-WAV-0043

    Table 3 demonstrates that the vast majority of the shipments 
supporting mobile phones and tablets charge at 10W or less at 5V. For 
mobile phones and tablets sold in 2016: 97% of North American shipments 
and 97.4% of worldwide shipments charge below 10W at 5V. For charging 
at and above 10W at 5V the comparable numbers for smartphones and 
tablets sold in 2016 represented a mere 3% of North American shipments 
and 2.6% of worldwide shipments.\12\ These figures include the 
introduction in 2016 of smartphones that use USB Type-C as the phone's 
charging interface. Some of these have the capability of charging at 
>=10W at 5V, but the proportion is not known so a conservative 
assumption is made (see below). Furthermore, some of these are capable 
of exploiting the ability of an adaptive EPS to provide higher 
voltages, and thus would be expected to use these higher voltages for 
faster charging and not charge at >=10W at 5V, but again the proportion 
is not known. (The proportion of USB Type-C smartphones that exploit 
the capabilities of adaptive EPSs might grow in the future to some 
extent.) In the figures above and in Table 3 the generous assumption is 
made that all such phones can charge at >=10W at 5V.
---------------------------------------------------------------------------

    \12\ Laptops are not included in the market analysis. They 
usually do not charge from adaptive EPSs. Newly introduced laptops 
that can charge from adaptive EPSs typically only charge at 5V (i) 
with respect to a dead battery, 0.5A, i.e., 2.5W, for up to 120 
seconds; or (ii) for end of charge (battery fully charged--trickle 
power at < 0.5A). Non-IT products such as children's toys that 
charge usually charge using default power (0.5A, 2.5W); some use 
1.5A, 7.5W.
---------------------------------------------------------------------------

TABLE 3

See the following website for figures of the ``TABLE 1'': https://www.regulations.gov/docket?D=EERE-2017-BT-WAV-0043

    Distortion caused by the test procedure as applied for efficiency 
of adaptive EPSs at the lowest voltage level was highlighted during the 
test procedure rulemaking for EPSs.
    It was stressed that the test procedure for the lowest voltage 
level does not reflect actual use in the field.\13\ DOE was receptive 
and indicated that it could make changes when more information was 
known. ``[I]n response to comments, in response to changing markets, in 
response to innovative technologies, we can always change the way we do 
things in the future.'' \14\ DOE also stated that it had not done any 
data collection on adaptive EPSs yet.\15\
---------------------------------------------------------------------------

    \13\ DOE, Transcript, External Power Supply Test Procedure NOPR 
Meeting at 94-100 (Nov. 21, 2014).
    \14\ Transcript at 99 (Ashley Armstrong, DOE).
    \15\ Id. at 108 (Jeremy Dommu, DOE).
---------------------------------------------------------------------------

    DOE's final test procedure rule \16\ acknowledged that adaptive 
EPSs are a ``new EPS technology,'' are ``unique among EPSs'' and ``were 
not considered when the current test procedure was first adopted.'' 
Therefore, that test procedure ``did not explicitly address the unique 
characteristics of these types of EPSs to ensure reproducible and 
repeatable results.'' \17\
---------------------------------------------------------------------------

    \16\ 80 Fed. Reg. 51424 (Aug. 25, 2015).
    \17\ Id. 51426, 51431-32.
---------------------------------------------------------------------------

    Virtually acknowledging the problem with the unrepresentative 
nature of the test procedure at the lowest voltage level, DOE also 
stated:
    At higher output voltages, EPSs typically have greater efficiency 
due to a lower loss ratio of the fixed voltage drops in the conversion 
circuitry to the nominal output voltage. These losses do not increase 
linearly with output voltage, so higher output voltages typically 
provide greater conversion efficiency.\18\
---------------------------------------------------------------------------

    \18\ Id. 51432.
---------------------------------------------------------------------------

III. PROPOSED ALTERNATE TEST PROCEDURE

    Poin2 Lab. proposes the following alternate test procedure to 
evaluate the

[[Page 34303]]

performance of the basic models listed in Appendix I hereto.
    Poin2 Lab. shall be required to test the performance of the basic 
models listed in Appendix I according to the test procedures for 
adaptive EPSs in 10 C.F.R. Part 430, Subpart B, Appendix Z, except that 
it shall modify test measurements calculation for 5V (lowest voltage 
level [LV]):
     Measure at 4 points: 100%, 75%, 50%, & 25% of 10 W load 
points at 5V (LV).
     Take the average.
     Compare results against DOE efficiency requirement at 10W.
    The waiver should continue until DOE adopts an applicable amended 
test procedure.

IV. REQUEST FOR INTERIM WAIVER

    Poin2 Lab. also requests an interim waiver for its testing and 
rating of the models in Appendix I. The petition for waiver is likely 
to be granted, as evidenced by its merits. Without waiver relief, Poin2 
Lab. would be subject to requirements that clearly should not apply to 
such products. And without such relief, Poin2 Lab. will suffer economic 
hardship. Sales of adaptive EPSs will be inhibited, to the detriment of 
Poin2 Lab. and to users and distributors of adaptive EPSs and the 
products that use adaptive EPSs.

V. LIST OF MANUFACTURERS

    A list of manufacturers of all other basic models distributed in 
commerce in the United States and known to Poin2 Lab. to incorporate 
design characteristic(s) similar to those found in the basic models 
that are the subject of the petition is set forth in Appendix II 
hereto.
     * * *
    Poin2 Lab. requests expedited treatment of the Petition and 
Application. It is also willing to provide any additional information 
the Department thinks it needs to act with expedition.

VI. CONCLUSION

    DOE should grant Poin2 Lab the requested waiver and interim waiver 
for the models listed in Appendix I hereto.

    Respectfully submitted,
    Jeongseon Euh
    June 7, 2017

APPENDIX I

    The waiver and interim waiver requested herein should apply to 
testing and rating of the following basic models: A16-045N1A

APPENDIX II

    The following are manufacturers of all other basic models 
distributed in commerce in the United States and known to Poin2 Lab. to 
incorporate design characteristics similar to those found in the basic 
models that are the subject of the petition for waiver:

Acbel
Active-Semi, Inc. Apple, Inc Bitland
Chicony Power Technology Chrontel, Inc
Dell
HONOR ELECTRONIC CO.LTD
Huntkey
Ever Win International Corp. Griffin Technology LLC
LG Electronics USA, Inc Liteon
Lucent Trans Electronics Co., Ltd. Mobileconn Technology Co., Ltd. 
Phihong Technology Co., Ltd.
Renesas Electronics Corp. Salcomp Plc
Samsung STMicroelectronics Superior Communications Texas Instruments
Ventev Mobile
Weltrend Semiconductor Xentris Wireless
    Sources include: ``USB Power Brick'', USB Implementers Forum, Inc.
    Accessed < http://www.usb.org/kcompliance/view/CertifiedUSBPowerBricks.pdf
BEFORE THE UNITED STATES DEPARTMENT OF ENERGY WASHINGTON, D.C. 20585
    In the Matter of: Energy Efficiency Program: Test Procedure for 
External Power Supplies
    Docket No. EERE-2014-BT-TP-0043; RIN 1904-AD36

PETITION OF HEFEI BITLAND INFORMATION TECHNOLOGY CO., LTD. FOR WAIVER 
AND APPLICATION FOR INTERIM WAIVER OF TEST PROCEDURE FOR EXTERNAL POWER 
SUPPLIES

    Hefei Bitland Information Technology Co., Ltd. (Bitland) 
respectfully submits this Petition for Waiver and Application for 
Interim Waiver \19\ as related to the Department of Energy's (DOE) test 
procedure for external power supplies (EPS) \20\ as applied to certain 
adaptive EPSs.\21\
---------------------------------------------------------------------------

    \19\ See 10 C.F.R. Sec.  430.27 (waiver and interim waiver).
    \20\ Id. Part 430, Subpart B, Appendix Z.
    \21\ An adaptive EPS is an external power supply that can alter 
its output voltage during active-mode based on an established 
digital communication protocol with the end-use application without 
any user-generated action. 10 C.F.R. Sec.  430.2.
---------------------------------------------------------------------------

    Bitland is located at No. 4088, Jinziu Road, National Hefei 
Economic & Technology Development Area, Hefei, Anhui, China. 
TTelephone: 0755-6685.2000 ext. 81379.
    The adaptive EPS basic models listed in Appendix I hereto meet the 
criteria for a waiver.\22\ The current DOE test procedure evaluates the 
models in a manner that is that is grossly unrepresentative of their 
actual energy consumption characteristics in real-world usage. This 
situation has already been recognized by DOE, and it has indicated a 
willingness to review the situation. Bitland urges that a waiver be 
granted that will provide for the alternate test procedure discussed 
herein, under which lowest voltage average efficiency would be measured 
at 10 watts (W). This is far more representative of actual energy 
consumption characteristics of the product in real-world usage than the 
15W required by the current DOE test procedure. DOE ``will grant a 
waiver from the test procedure requirements'' in these 
circumstances.\23\
---------------------------------------------------------------------------

    \22\ Id. Sec.  430.27(f)(2).
    \23\ Id.
---------------------------------------------------------------------------

VII. BASIC MODELS FOR WHICH A WAIVER IS REQUESTED.

    The basic models for which a waiver is requested are the adaptive 
EPSs set forth in Appendix I hereto. They are manufactured by Chicony 
Power Technology and are distributed in commerce under the Chicony 
brand name.

VIII. NEED FOR THE REQUESTED WAIVER.

    Adaptive EPSs are highly beneficial products. They allow efficient 
charging with less resistive loss. They can be readily reused when 
devices are replaced; thus, there is less need to include EPSs in the 
box with a new device. This all is of significant benefit to the 
consumer--as well as to the environment, including reduced landfill, 
packaging, and transportation.
    Under the current DOE test procedure, average active-mode 
efficiency for adaptive EPSs is to be measured by testing the unit 
twice--once at the highest achievable output voltage and once at the 
lowest.\24\ Testing is to be across four load points (100%, 75%, 50%, 
and 25%) for each of the highest and lowest voltage levels.\25\ The 
average efficiency is deemed to be the arithmetic mean of the 
efficiency values calculated at the four load points.\26\
---------------------------------------------------------------------------

    \24\ Id. Part 430, Subpart B, Appendix Z, Sec.  4(a)(i)(E).
    \25\ Id. Sec. Sec.  4(a)(i)(C), (E), (H).
    \26\ Id. Sec.  4(a)(i)(H).
---------------------------------------------------------------------------

    The lowest achievable output voltage supported by the basic models 
is 5 volts (V). They are designed to provide a maximum power of 15W 
when this voltage is selected. 15W is an element of the USB Power 
Delivery

[[Page 34304]]

Specification,\27\ which requires the product to support 15W at 5V. 
However, adaptive EPSs do not exceed 10W for almost all usage. 15W at 
5V will only be used in rare use scenarios and only for brief periods 
of time. Therefore, the DOE test procedure's evaluation at this power 
level is unrepresentative of the true energy consumption of the basic 
models in real-world usage.
---------------------------------------------------------------------------

    \27\ IEC 62680-1-2:2017, Universal serial bus interfaces for 
data and power--Part 1-2: Common components--USB Power Delivery 
Specification. See https://webstore.iec.ch/publication/26174.
---------------------------------------------------------------------------

    In that regard, where the adaptive EPS listed in Appendix I is used 
with an intended end use product (IEUP) manufactured by Bitland,\28\ 
the adaptive EPS is required to support 15W (5V 3A [amps]) due to the 
USB Power Delivery Specification, but the IEUP product very rarely 
consumes this level of power. The IEUP charges at 5 volts only (i) with 
respect to a dead battery, 0.5A, i.e., 2.5W, for up to 120 seconds; or 
(ii) for end of charge (battery fully charged--trickle power at < 
0.5A). Therefore, evaluation of adaptive EPSs at the 15W power level is 
grossly unrepresentative of the actual energy consumption 
characteristics of these models in real-world usage.
---------------------------------------------------------------------------

    \28\ An IEUP is a product that is sold or intended to be used 
with the unit under test (UUT) and constitutes the primary load for 
the UUT.
---------------------------------------------------------------------------

    The same holds true of other end use products (OEUP) \29\ 
manufactured by Bitland that can be connected to basic models of 
adaptive EPSs listed in Appendix I hereto.
---------------------------------------------------------------------------

    \29\ An OEUP is a product other than an IEUP that can be used 
with the UT and constitutes the primary load for the UUT.
---------------------------------------------------------------------------

    The situation is the same for basic models of adaptive EPSs listed 
in Appendix 1 to be used with OEUPs from another manufacturer. These 
OEUPs are highly likely to be mobile
    As shown in Table 1, mobile phones dominate the portable device 
market and are ubiquitous world-wide. The most likely OEUP to be 
charged from an adaptive EPS is a mobile phone. Note that all mobile 
phones are able to be charged from an adaptive EPS using an appropriate 
cable.

TABLE 1

See the following website for figures of the ``TABLE 1'': https://www.regulations.gov/docket?D=EERE-2017-BT-WAV-0043

    As shown in Table 2, smartphones dominate the U.S. market.

TABLE 2

See the following website for figures of the ``TABLE 2'': https://www.regulations.gov/docket?D=EERE-2017-BT-WAV-0043

    Table 3 demonstrates that the vast majority of the shipments 
supporting mobile phones and tablets charge at 10W or less at 5V. For 
mobile phones and tablets sold in 2016: 97% of North American shipments 
and 97.4% of worldwide shipments charge below 10W at 5V. For charging 
at and above 10W at 5V the comparable numbers for smartphones and 
tablets sold in 2016 represented a mere 3% of North American shipments 
and 2.6% of worldwide shipments.\30\ These figures include the 
introduction in 2016 of smartphones that use USB Type-C as the phone's 
charging interface. Some of these have the capability of charging at 
>=10W at 5V, but the proportion is not known so a conservative 
assumption is made (see below). Furthermore, some of these are capable 
of exploiting the ability of an adaptive EPS to provide higher 
voltages, and thus would be expected to use these higher voltages for 
faster charging and not charge at >=10W at 5V, but again the proportion 
is not known. (The proportion of USB Type-C smartphones that exploit 
the capabilities of adaptive EPSs might grow in the future to some 
extent.) In the figures above and in Table 3 the generous assumption is 
made that all such phones can charge at >=10W at 5V.
---------------------------------------------------------------------------

    \30\ Laptops are not included in the market analysis. They 
usually do not charge from adaptive EPSs. Newly introduced laptops 
that can charge from adaptive EPSs typically only charge at 5V (i) 
with respect to a dead battery, 0.5A, i.e., 2.5W, for up to 120 
seconds; or (ii) for end of charge (battery fully charged--trickle 
power at < 0.5A). Non-IT products such as children's toys that 
charge usually charge using default power (0.5A, 2.5W); some use 
1.5A, 7.5
---------------------------------------------------------------------------

TABLE 3

See the following website for figures of the ``TABLE 1'': https://www.regulations.gov/docket?D=EERE-2017-BT-WAV-0043
    Distortion caused by the test procedure as applied for efficiency 
of adaptive EPSs at the lowest voltage level was highlighted during the 
test procedure rulemaking for EPSs.
    It was stressed that the test procedure for the lowest voltage 
level does not reflect actual use in the field.\31\ DOE was receptive 
and indicated that it could make changes when more information was 
known. ``[I]n response to comments, in response to changing markets, in 
response to innovative technologies, we can always change the way we do 
things in the future.'' \32\ DOE also stated that it had not done any 
data collection on adaptive EPSs yet.\33\
---------------------------------------------------------------------------

    \31\ DOE, Transcript, External Power Supply Test Procedure NOPR 
Meeting at 94-100 (Nov. 21, 2014).
    \32\ Transcript at 99 (Ashley Armstrong, DOE).
    \33\ Id. at 108 (Jeremy Dommu, DOE).
---------------------------------------------------------------------------

    DOE's final test procedure rule \34\ acknowledged that adaptive 
EPSs are a ``new EPS technology,'' are ``unique among EPSs'' and ``were 
not considered when the current test procedure was first adopted.'' 
Therefore, that test procedure ``did not explicitly address the unique 
characteristics of these types of EPSs to ensure reproducible and 
repeatable results.'' \35\
---------------------------------------------------------------------------

    \34\ 80 Fed. Reg. 51424 (Aug. 25, 2015).
    \35\ Id. 51426, 51431-32.
---------------------------------------------------------------------------

    Virtually acknowledging the problem with the unrepresentative 
nature of the test procedure at the lowest voltage level, DOE also 
stated:
    At higher output voltages, EPSs typically have greater efficiency 
due to a lower loss ratio of the fixed voltage drops in the conversion 
circuitry to the nominal output voltage. These losses do not increase 
linearly with output voltage, so higher output voltages typically 
provide greater conversion efficiency.\36\
---------------------------------------------------------------------------

    \36\ Id. 51432.
---------------------------------------------------------------------------

IX. PROPOSED ALTERNATE TEST PROCEDURE

    Bitland. proposes the following alternate test procedure to 
evaluate the performance of the basic models listed in Appendix I 
hereto.
    Bitland shall be required to test the performance of the basic 
models listed in Appendix I according to the test procedures for 
adaptive EPSs in 10 C.F.R. Part 430, Subpart B, Appendix Z, except that 
it shall modify test measurements calculation for 5V (lowest voltage 
level [LV]):
     Measure at 4 points: 100%, 75%, 50%, & 25% of 10 W load 
points at 5V (LV).
     Take the average.
     Compare results against DOE efficiency requirement at 10W.
    The waiver should continue until DOE adopts an applicable amended 
test procedure.

X. REQUEST FOR INTERIM WAIVER

    Bitland also requests an interim waiver for its testing and rating 
of the models in Appendix I. The petition for waiver is likely to be 
granted, as evidenced by its merits. Without waiver relief, Bitland 
would be subject to requirements that clearly should not apply to such 
products. And without such relief, Bitland will suffer economic 
hardship. Sales of adaptive EPSs will be inhibited, to the detriment of 
Bitland and to users and distributors of adaptive EPSs and the products 
that use adaptive EPSs.

[[Page 34305]]

XI. LIST OF MANUFACTURER

    A list of manufacturers of all other basic models distributed in 
commerce in the United States and known to Bitland to incorporate 
design characteristic(s) similar to those found in the basic models 
that are the subject of the petition is set forth in Appendix II 
hereto.
     * * *
    Bitland requests expedited treatment of the Petition and 
Application. It is also willing to provide any additional information 
the Department thinks it needs to act with expedition.

XII. CONCLUSION

    DOE should grant Bitland the requested waiver and interim waiver 
for the models listed in Appendix I hereto.

Respectfully submitted,
Robert Hsiao
June 22, 2017

APPENDIX I

    The waiver and interim waiver requested herein should apply to 
testing and rating of the following basic models: A045R053L provided by 
Chicony Power Technology.

APPENDIX II

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

Acbel
Active-Semi, Inc. Apple, Inc Bitland
Chicony Power Technology Chrontel, Inc
Dell
HONOR ELECTRONIC CO.LTD
Huntkey
Ever Win International Corp. Griffin Technology LLC
LG Electronics USA, Inc Liteon
Liteon
Lucent Trans Electronics Co., Ltd. Mobileconn Technology Co., Ltd. 
Phihong Technology Co., Ltd.
Poin2 Lab.
Renesas Electronics Corp. Salcomp Plc
Samsung
STMicroelectronics
Superior Communications Texas Instruments
Ventev Mobile
Weltrend Semiconductor
Xentris Wireless

    Sources include: ``USB Power Brick'', USB Implementers Forum, Inc.
    Accessed < http://www.usb.org/kcompliance/view/CertifiedUSBPowerBricks.pdf
[FR Doc. 2017-15134 Filed 7-21-17; 8:45 am]
BILLING CODE 6450-01-P