Notice of Petition for Waiver of Huawei Technologies, Co. Ltd. From the Department of Energy External Power Supplies Test Procedure and Grant of Interim Waiver, 12737-12743 [2018-05939]
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Federal Register / Vol. 83, No. 57 / Friday, March 23, 2018 / Notices
(A) JCI basic models that include all
combinations of the following outdoor
unit models, listed by brand name:
(B) Variable-speed, oil-injected scroll
compressor models that are [Redacted]
brand products manufactured by
[Redacted], listed by model number:
[Redacted]
(2) The alternate test procedure for the
JCI basic models listed in paragraph
(1)(A) having one of the compressors
listed in paragraph (1)(B) is the test
procedure for CACs and HPs prescribed
by DOE at 10 CFR part 430, subpart B,
appendix M, except that under section
3.1.7 of appendix M the break-in period
maximum of 20 hours is increased to 72
hours, reading as follows:
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3.1.7 Test Sequence
Manufacturers may optionally operate the
equipment under test for a ‘‘break-in’’ period,
not to exceed 72 hours, prior to conducting
the test method specified in this section. A
manufacturer who elects to use this optional
compressor break-in period in its
certification testing should record this
information (including the duration) in the
test data underlying the certified ratings that
are required to be maintained under 10 CFR
429.71. When testing a ducted unit (except if
a heating- only heat pump), conduct the A or
A2 Test first to establish the cooling full-load
air volume rate. For ducted heat pumps
where the heating and cooling full-load air
volume rates are different, make the first
heating mode test one that requires the
heating full-load air volume rate. For ducted
heating-only heat pumps, conduct the H1 or
H12 Test first to establish the heating fullload air volume rate. When conducting a
cyclic test, always conduct it immediately
after the steady-state test that requires the
same test conditions. For variable-speed
systems, the first test using the cooling
minimum air volume rate should precede the
EV Test, and the first test using the heating
minimum air volume rate must precede the
H2V Test. The test laboratory makes all other
decisions on the test sequence.
(3) Representations. JCI must make
representations about the efficiency of
the basic models identified in paragraph
(1) for compliance, marketing, or other
purposes only to the extent that the
basic model has been tested in
accordance with the provisions set forth
above and such representations fairly
disclose the results of such testing in
accordance with 10 CFR part 430,
subpart B, appendix M and 10 CFR
429.16.
(4) This waiver shall remain in effect
consistent with the provisions of 10 CFR
430.27.
(5) This waiver is issued on the
condition that the statements,
representations, and documentation
provided by JCI are valid. If JCI makes
any modifications to the controls or
configurations of these basic models, the
waiver would no longer be valid and JCI
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would either be required to use the
current Federal test method or submit a
new application for a test procedure
waiver. DOE may revoke or modify this
waiver at any time if it determines the
factual basis underlying the petition for
waiver is incorrect, or the results from
the alternate test procedure are
unrepresentative of the basic models’
true energy consumption characteristics.
10 CFR 430.27(k)(1). Likewise, JCI may
request that DOE rescind or modify the
waiver if JCI discovers an error in the
information provided to DOE as part of
its petition, determines that the waiver
is no longer needed, or for other
appropriate reasons. 10 CFR
430.27(k)(2).
(6) Granting of this waiver does not
release JCI from the certification
requirements set forth at 10 CFR part
429.
12737
at the lowest achievable output voltages
under rare conditions and for only brief
periods of time, the suggested alternate
testing approach detailed in its waiver
petition is needed to measure the active
mode efficiency of such products in a
representative manner. DOE is granting
Huawei an interim waiver from the DOE
EPS test procedure for the specified
basic models of EPSs, subject to use of
the alternate test procedure as set forth
in this document and is soliciting
comments, data, and information
concerning the petition and the
suggested alternate test procedure.
DATES: Written comments and
information are requested and will be
accepted on or before April 23, 2018.
ADDRESSES: Interested persons are
encouraged to submit comments using
the Federal eRulemaking Portal at
https://www.regulations.gov. Follow the
Signed in Washington, DC, on March 9,
instructions for submitting comments.
2018.
Alternatively, interested persons may
lllllllllllllllllllll submit comments, identified by case
number ‘‘2017–014’’, and Docket
Kathleen B. Hogan,
number ‘‘EERE–2017–BT–WAV–0061,’’
Deputy Assistant Secretary for Energy
by any of the following methods:
Efficiency, Energy Efficiency and Renewable
Energy
• Federal eRulemaking Portal: https://
www.regulations.gov. Follow the
[FR Doc. 2018–05941 Filed 3–22–18; 8:45 am]
instructions for submitting comments.
BILLING CODE 6450–01–P
• Email: Huawei2017WAV0061@
ee.doe.gov. Include the case number
[Case No. 2017–014] in the subject line
DEPARTMENT OF ENERGY
of the message.
[Case Number 2017–014; EERE–2017–BT–
• Postal Mail: Ms. Lucy deButts, U.S.
WAV–0061]
Department of Energy, Building
Notice of Petition for Waiver of Huawei Technologies Office, Mailstop EE–5B,
Petition for Waiver Case No. 2017–014,
Technologies, Co. Ltd. From the
1000 Independence Avenue SW,
Department of Energy External Power
Washington, DC 20585–0121. If
Supplies Test Procedure and Grant of
possible, please submit all items on a
Interim Waiver
compact disc (‘‘CD’’), in which case it is
not necessary to include printed copies.
AGENCY: Office of Energy Efficiency and
• Hand Delivery/Courier: Appliance
Renewable Energy, Department of
and Equipment Standards Program, U.S.
Energy.
Department of Energy, Building
ACTION: Notice of petition for waiver,
Technologies Office, 950 L’Enfant Plaza
granting of an interim waiver, and
SW, 6th Floor, Washington, DC 20024.
request for public comment.
Telephone: (202) 287–1445. If possible,
SUMMARY: This notice announces receipt please submit all items on CD, in which
of and publishes a petition for waiver
case it is not necessary to include
from Huawei Technologies, Co. Ltd.
printed copies.
(‘‘Huawei’’) seeking an exemption from
No telefacsimilies (faxes) will be
specified portions of the U.S.
accepted. For detailed instructions on
Department of Energy’s (‘‘DOE’s’’) test
submitting comments and additional
procedure for determining external
information on this process, see section
power supply (‘‘EPS’’) energy efficiency. V of this document.
Docket: The docket, which includes
The waiver request pertains to adaptive
Federal Register notices, comments,
EPSs that support a particular
and other supporting documents/
International Electrotechnical
materials, is available for review at
Commission standard. Under the
existing DOE test procedure, the average https://www.regulations.gov. All
documents in the docket are listed in
active mode efficiency of an adaptive
the https://www.regulations.gov index.
EPS must be tested at both its lowest
However, some documents listed in the
and highest achievable output voltages.
Huawei contends that since its specified index, such as those containing
information that is exempt from public
products operate above 2 amps current
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Federal Register / Vol. 83, No. 57 / Friday, March 23, 2018 / Notices
disclosure, may not be publicly
available.
The docket web page can be found at
https://www.regulations.gov/
docket?D=EERE-2017-BT-WAV-0061.
The docket web page contains simple
instruction on how to access all
documents, including public comments,
in the docket. See section V for
information on how to submit
comments through https://
www.regulations.gov.
FOR FURTHER INFORMATION CONTACT:
Ms. Lucy deButts, U.S. Department of
Energy, Building Technologies Office,
Mailstop EE–5B, 1000 Independence
Avenue SW, Washington, DC 20585–
0121. Email: AS_Waiver_Request@
ee.doe.gov.
Michael Kido, U.S. Department of
Energy, Office of the General Counsel,
Mail Stop GC–33, Forrestal Building,
1000 Independence Avenue SW,
Washington, DC 20585–0103.
Telephone: (202) 586–8145. Email:
Michael.Kido@hq.doe.gov.
SUPPLEMENTARY INFORMATION:
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I. Background and Authority
The Energy Policy and Conservation
Act of 1975 (‘‘EPCA’’ or ‘‘the Act’’),1
Public Law 94–163 (42 U.S.C. 6291–
6317, as codified), among other things,
authorizes DOE to regulate the energy
efficiency of a number of consumer
products and industrial equipment.
Title III, Part B 2 of EPCA established the
Energy Conservation Program for
Consumer Products Other Than
Automobiles, a program that includes
EPSs, which are the focus of this notice.
(42 U.S.C. 6291(36); 42 U.S.C. 6295(u)).
Under EPCA, DOE’s energy
conservation program consists
essentially of four parts: (1) Testing, (2)
labeling, (3) Federal energy conservation
standards, and (4) certification and
enforcement procedures. Relevant
provisions of the Act include definitions
(42 U.S.C. 6291), energy conservation
standards (42 U.S.C. 6295), test
procedures (42 U.S.C. 6293), labeling
provisions (42 U.S.C. 6294), and the
authority to require information and
reports from manufacturers (42 U.S.C.
6296).
The Federal testing requirements
consist of test procedures that
manufacturers of covered products must
use as the basis for: (1) Certifying to
DOE that their products comply with
the applicable energy conservation
1 All references to EPCA in this document refer
to the statute as amended through the EPS
Improvement Act of 2017, Public Law 115–115
(January 12, 2018).
2 For editorial reasons, upon codification in the
U.S. Code, Part B was re-designated Part A.
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standards adopted pursuant to EPCA (42
U.S.C. 6295(s)), and (2) making
representations about the efficiency of
those products (42 U.S.C. 6293(c)).
Similarly, DOE must use these test
procedures to determine whether a
product complies with relevant
standards promulgated under EPCA. (42
U.S.C. 6295(s))
Under 42 U.S.C. 6293, EPCA sets forth
the criteria and procedures DOE is
required to follow when prescribing or
amending test procedures for covered
products. EPCA requires that test
procedures prescribed or amended
under this section must be reasonably
designed to produce test results which
reflect the energy efficiency, energy use
or estimated annual operating cost of
covered products during a
representative average use cycle or
period of use and requires that test
procedures not be unduly burdensome
to conduct. (42 U.S.C. 6293(b)(3)) The
test procedure for EPSs is contained in
Title 10 of the Code of Federal
Regulations (‘‘CFR’’) Part 430, subpart B,
appendix Z, Uniform Test Method for
Measuring the Energy Consumption of
External Power Supplies.
The regulations set forth in 10 CFR
430.27 provide that upon receipt of a
petition, DOE will grant a waiver from
the test procedure requirements if DOE
determines either that the basic model
for which the waiver was requested
contains a design characteristic that
prevents testing of the basic model
according to the prescribed test
procedures, or that the prescribed test
procedures evaluate the basic model in
a manner so unrepresentative of its true
energy or water consumption
characteristics as to provide materially
inaccurate comparative data. 10 CFR
430.27(f)(2). DOE may grant the waiver
subject to conditions, including
adherence to alternate test procedures.
Id.
As soon as practicable after the
granting of any waiver, DOE will
publish in the Federal Register a notice
of proposed rulemaking to amend its
regulations so as to eliminate any need
for the continuation of such waiver. As
soon thereafter as practicable, DOE will
publish in the Federal Register a final
rule. 10 CFR 430.27(l).
The waiver process also allows DOE
to grant an interim waiver from test
procedure requirements to
manufacturers that have petitioned DOE
for a waiver of such prescribed test
procedures if it appears likely that the
petition for waiver will be granted and/
or if DOE determines that it would be
desirable for public policy reasons to
grant immediate relief pending a
determination on the petition for
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waiver. 10 CFR 430.27(e)(2). Within one
year of issuance of an interim waiver,
DOE will either: (i) Publish in the
Federal Register a determination on the
petition for waiver; or (ii) publish in the
Federal Register a new or amended test
procedure that addresses the issues
presented in the waiver. 10 CFR
430.27(h)(1). When DOE amends the test
procedure to address the issues
presented in a waiver, the waiver will
automatically terminate on the date on
which use of that test procedure is
required to demonstrate compliance. 10
CFR 430.27(h)(2).
II. Petition for Waiver of Test Procedure
and Petition for Interim Waiver
On December 1, 2017, Huawei filed a
petition for waiver from the DOE test
procedure for EPSs under 10 CFR
430.27 for several basic models of
adaptive EPSs 3 that meet the provisions
of the International Electrotechnical
Commission’s ‘‘Universal serial bus
interfaces for data and power—Part 1–
2: Common components—USB Power
Delivery’’ (‘‘IEC 62680–1–2:2017’’)
specification.4 The IEC specification
describes the particular architecture,
protocols, power supply behavior,
connectors, and cabling necessary for
managing power delivery over a
universal serial bus (‘‘USB’’) connection
at power levels of up to 100 watts
(‘‘W’’). The purpose behind this
specification is to help provide a
standardized approach for power supply
and peripheral developers to ensure
backward compatibility while retaining
product design and marketing
flexibility. See generally, IEC 62680–1–
2:2017 (Abstract) (describing the
standard’s general provisions and
purpose).
In Huawei’s view, applying the DOE
test procedure to the adaptive EPSs
specified in its petitions would yield
results that would be unrepresentative
of the active-mode efficiency of those
products. The DOE test procedure
requires that the average active-mode
efficiency for adaptive EPSs be
measured by testing the unit twice—
once at the highest achievable output
voltage (‘‘V’’) and once at the lowest.
The test procedure requires that activemode efficiency be measured at four
loading conditions relative to the
3 The specific basic models for which the petition
applies are EPS basic models HW–200200UPX,
HW–200300UPX, HW–200325UPX, and HW–
200500UPX. These basic model names were
provided by Huawei in its December 1, 2017
petition.
4 International Electrotechnical Commission
Universal serial bus interfaces for data and power—
Part 1–2: Common components—USB Power
Delivery specification, https://webstore.iec.ch/
publication/26174/.
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nameplate output current of the EPS.
See 10 CFR 430.23(bb) and 10 CFR part
430, subpart B, appendix Z. The lowest
achievable output voltage supported by
the IEC 62680–1–2:2017 specification is
5V and the nameplate current at this
voltage output is 3 amps (‘‘A’’), resulting
in a power output of 15 W. Huawei
contends that while the IEC 62680–1–
2:2017 specification requires the tested
EPS to support this power output, the
15W at 5V condition will be rarely used
and only for brief periods of time, and
that adaptive EPSs operating at 5V do
not exceed 10W for almost all usage
conditions.
Huawei contends that, when charging
a product that is sold or intended to be
used with the EPS, the EPS charges at
5 volts only with a dead battery or fully
charged battery (and then at 0.5A or
less). At other times when more power
is needed, the EPS will use a higher
voltage rail (greater than 5V). (A
‘‘voltage rail’’ refers to a single voltage
provided by the relevant power supply
unit through a dedicated circuit/wire
used for that voltage.) Huawei further
states that when using an adaptive EPS
that supports the IEC 62680–1–2:2017
specification to charge an end-use
product of a manufacturer different from
the one who manufactured the EPS, it
is likely that the product would charge
at less than 10W at 5V, or may even be
capable of exploiting the ability of an
adaptive EPS to provide higher voltages
for faster charging.
Accordingly, Huawei asserts that the
DOE test procedure’s measurement of
efficiency at the prescribed power level
(i.e., 5V, 3A) is unrepresentative of the
true energy consumption of these EPSs.
Consequently, it seeks a waiver from
DOE to permit it to use an alternate test
procedure to measure the energy
efficiency of the specified adaptive EPSs
that support the IEC 62680–1–2:2017
specification by testing these devices at
the lowest voltage, 5V, and at an output
power at 10W instead of 15W.
Huawei also requests an interim
waiver from the existing DOE test
procedure. DOE will grant an interim
waiver if it appears likely that the
petition for waiver will be granted, and/
or if DOE determines that it would be
desirable for public policy reasons to
grant immediate relief pending a
determination of the petition for waiver.
See 10 CFR 430.27(e)(2).
DOE understands that, absent an
interim waiver, applying the current
DOE test procedure to the specified
adaptive EPS basic models would not
produce results representative of the
actual field usage of these products.
DOE notes that it has recently granted
interim waivers in response to petitions
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that presented the same issue as in
Huawei’s petition.5 DOE has reviewed
the alternate procedure suggested by
Huawei. The procedure, which is the
same as that specified in the recently
granted interim waiver, will allow for
the accurate measurement of efficiency
of these products, while alleviating the
testing problems associated with
Huawei’s implementation of EPS testing
for the basic models specified in its
petition. Consequently, it appears likely
that Huawei’s petition for waiver will be
granted. Furthermore, DOE has
determined that it is desirable for public
policy reasons to grant Huawei
immediate relief pending a
determination of the petition for waiver.
III. Alternate Test Procedure
EPCA requires that manufacturers use
DOE test procedures when making
representations about the energy
consumption and energy consumption
costs of products covered by the statute.
(42 U.S.C. 6293(c)) Consistent
representations are important for
manufacturers to use in making
representations about the energy
efficiency of their products and to
demonstrate compliance with
applicable DOE energy conservation
standards.
In its petition, Huawei suggested that
the basic models listed in the petition be
tested according to the DOE EPS test
procedure prescribed at 10 CFR part
431, subpart B, appendix Z, except to
modify the average active mode
efficiency calculations by using the
average of four loading conditions
representing the same respective
percentages of an output current of 2A
rather than at its highest nameplate
output current—in this case, 3A. Under
the current test procedure, when testing
an adaptive EPS at the lowest
achievable output voltage, the measured
average active mode efficiency is equal
to the average efficiency when testing
the EPS at 100%, 75%, 50%, and 25%
of the nameplate output current of the
EPS at that voltage. See 10 CFR part 430
subpart B, appendix Z, sections 1.f and
4(a)(i)(E), and Table 1. Thus, for an
adaptive EPS with a lowest output
voltage of 5V and a nameplate output
current of 3A (resulting in a 15W output
at 100% of the nameplate output
current), the average active mode
efficiency at the lowest output voltage
would be equal to the average of the
efficiencies when testing at 15W,
5 See, Notice of Petition for Waiver of Apple, Inc.,
Microsoft Corporation, Poin2 Lab, and Hefei Bitland
Information Technology Co., Ltd. From the
Department of Energy External Power Supplies Test
Procedure and Grant of Interim Waiver. 82 FR
23294 (July 24, 2017).
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12739
11.25W, 7.5W, and 3.75W. Under the
alternate test procedure suggested by
Huawei, the average active mode
efficiency would equal the average of
the efficiencies when testing at 10W,
7.5W, 5W, and 2.5W. The petitioner
suggested taking the results from this
alternate approach and comparing them
against the DOE efficiency requirements
at 10W.
During the period of the interim
waiver in this notice, the petitioner
must test the specified basic models
according to the test procedure as
discussed in this section. Pursuant to
the test procedure waiver regulations at
10 CFR 430.27 and after considering
public comments on the petition, DOE
will announce its decision as to an
alternate test procedure for the
petitioner in a subsequent Decision and
Order.
IV. Summary of Grant of Interim
Waiver
For the reasons stated above, DOE has
informed the petitioner that it is
granting the petition for interim waiver
from testing for the specified EPS basic
models. The substance of the Interim
Waiver Order is summarized below.
Huawei is required to use the
alternate test procedures set forth in this
notice to test and rate the EPS basic
models listed in the petition (HW–
200200UPX, HW–200300UPX, HW–
200325UPX, and HW–200500UPX).
Huawei is permitted to make
representations about the EPS efficiency
of these basic models for compliance,
marketing, or other purposes only to the
extent that such products have been
tested in accordance with the provisions
set forth in the alternate test procedure
and such representations fairly disclose
the results of such testing in accordance
with 10 CFR 429.37.
DOE evaluates and grants waivers and
interim waivers for only those basic
models specifically set out in the
petition, not future models that may be
manufactured by the petitioner. Huawei
may request that DOE extend the scope
of a waiver or an interim waiver to
include additional basic models
employing the same technology as the
basic model(s) set forth in the original
petition consistent with 10 CFR
430.27(g). In addition, DOE notes that
granting of an interim waiver or waiver
does not release a petitioner from the
certification requirements set forth at 10
CFR part 429. See also 10 CFR 430.27(a)
and (i).
Unless otherwise rescinded or
modified, the interim waiver shall
remain in effect until such time as when
DOE amends the test procedure to
address the issues presented in the
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waiver and use of the amended test
procedure is required to demonstrate
compliance. 10 CFR 430.27(h). DOE
may rescind or modify a waiver or
interim waiver at any time upon a
determination that the factual basis
underlying the petition for waiver or
interim waiver is incorrect, or upon a
determination that the results from the
alternate test procedure are
unrepresentative of the basic models’
true energy consumption characteristics.
See 10 CFR 430.27(k)(1). Likewise,
Huawei may request that DOE rescind
or modify the interim waiver if Huawei
discovers an error in the information
provided to DOE as part of its petition,
determines that the interim waiver is no
longer needed, or for other appropriate
reasons. 10 CFR 430.27(k)(2).
Furthermore, this interim waiver is
conditioned upon the understanding
that the statements, representations, and
documentary materials provided by
Huawei are valid and accurate.
V. Summary and Request for Comments
Through this notice, DOE announces
receipt of Huawei’s petition for waiver
from the DOE test procedure for certain
basic models of Huawei’s EPSs, and
DOE grants Huawei an interim waiver
from the test procedure for the EPS
basic models listed in Huawei’s
petition. DOE is publishing Huawei’s
petition for waiver in its entirety,
pursuant to 10 CFR 430.27(b)(1)(iv).6
The petition includes a suggested
alternate test procedure, as discussed in
section III of this notice, to determine
the EPS efficiency of Huawei’s specified
EPSs. DOE may consider including this
alternate procedure in a subsequent
Decision and Order.
DOE invites all interested parties to
submit in writing by April 23, 2018,
comments and information on all
aspects of the petition, including the
alternate test procedure. Pursuant to 10
CFR 430.27(d), any person submitting
written comments to DOE must also
send a copy of such comments to the
petitioner. The contact information for
the petitioner is Mr. Dennis Amari,
Director of Federal & Regulatory Affairs,
Huawei Technologies, Co. Ltd., 875 15th
Street NW, Suite 825, Washington, DC
20005.
Submitting comments via https://
www.regulations.gov. The https://
www.regulations.gov web page will
require you to provide your name and
contact information. Your contact
information will be viewable to DOE
Building Technologies staff only. Your
6 Huawei did not claim that any portion of its
petition contained confidential business
information.
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contact information will not be publicly
viewable except for your first and last
names, organization name (if any), and
submitter representative name (if any).
If your comment is not processed
properly because of technical
difficulties, DOE will use this
information to contact you. If DOE
cannot read your comment due to
technical difficulties and cannot contact
you for clarification, DOE may not be
able to consider your comment.
However, your contact information
will be publicly viewable if you include
it in the comment or in any documents
attached to your comment. Any
information that you do not want to be
publicly viewable should not be
included in your comment, nor in any
document attached to your comment.
Persons viewing comments will see only
first and last names, organization
names, correspondence containing
comments, and any documents
submitted with the comments.
Do not submit to https://
www.regulations.gov information for
which disclosure is restricted by statute,
such as trade secrets and commercial or
financial information (hereinafter
referred to as Confidential Business
Information (‘‘CBI’’)). Comments
submitted through https://
www.regulations.gov cannot be claimed
as CBI. Comments received through the
website will waive any CBI claims for
the information submitted. For
information on submitting CBI, see the
Confidential Business Information
section.
DOE processes submissions made
through https://www.regulations.gov
before posting. Normally, comments
will be posted within a few days of
being submitted. However, if large
volumes of comments are being
processed simultaneously, your
comment may not be viewable for up to
several weeks. Please keep the comment
tracking number that https://
www.regulations.gov provides after you
have successfully uploaded your
comment.
Submitting comments via email, hand
delivery, or mail. Comments and
documents submitted via email, hand
delivery, or mail also will be posted to
https://www.regulations.gov. If you do
not want your personal contact
information to be publicly viewable, do
not include it in your comment or any
accompanying documents. Instead,
provide your contact information on a
cover letter. Include your first and last
names, email address, telephone
number, and optional mailing address.
The cover letter will not be publicly
viewable as long as it does not include
any comments.
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Include contact information each time
you submit comments, data, documents,
and other information to DOE. If you
submit via mail or hand delivery, please
provide all items on a CD, if feasible. It
is not necessary to submit printed
copies. No facsimiles (faxes) will be
accepted.
Comments, data, and other
information submitted to DOE
electronically should be provided in
PDF (preferred), Microsoft Word or
Excel, WordPerfect, or text (ASCII) file
format. Provide documents that are not
secured, written in English and free of
any defects or viruses. Documents
should not contain special characters or
any form of encryption and, if possible,
they should carry the electronic
signature of the author.
Campaign form letters. Please submit
campaign form letters by the originating
organization in batches of between 50 to
500 form letters per PDF or as one form
letter with a list of supporters’ names
compiled into one or more PDFs. This
reduces comment processing and
posting time.
Confidential Business Information.
According to 10 CFR 1004.11, any
person submitting information that he
or she believes to be confidential and
exempt by law from public disclosure
should submit via email, postal mail, or
hand delivery two well-marked copies:
one copy of the document marked
confidential including all the
information believed to be confidential,
and one copy of the document marked
‘‘non-confidential’’ with the information
believed to be confidential deleted.
Submit these documents via email or on
a CD, if feasible. DOE will make its own
determination about the confidential
status of the information and treat it
according to its determination.
Factors of interest to DOE when
evaluating requests to treat submitted
information as confidential include (1) a
description of the items, (2) whether
and why such items are customarily
treated as confidential within the
industry, (3) whether the information is
generally known by or available from
other sources, (4) whether the
information has previously been made
available to others without obligation
concerning its confidentiality, (5) an
explanation of the competitive injury to
the submitting person which would
result from public disclosure, (6) when
such information might lose its
confidential character due to the
passage of time, and (7) why disclosure
of the information would be contrary to
the public interest.
It is DOE’s policy that all comments
may be included in the public docket,
without change and as received,
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including any personal information
provided in the comments (except
information deemed to be exempt from
public disclosure).
Issued in Washington, DC, on March 9,
2018.
Kathleen B. Hogan,
Deputy Assistant Secretary for Energy
Efficiency, Energy Efficiency and Renewable
Energy.
Before the United States Department of
Energy Washington, DC 20585
In the Matter of Energy Efficiency
Program: Test Procedures for External
Power Supplies, Docket No. EERE–
2014–BT–TP–0043, RIN 1904–AD36.
amozie on DSK30RV082PROD with NOTICES
Petition of Huawei Technologies Co.,
Ltd. for Waiver and Application for
Interim Waiver of Test Procedures for
External Power Supplies
Huawei Technologies Co., Ltd.
(‘‘Huawei’’) 1 respectfully submits this
Petition for Waiver and Application for
Interim Waiver to the U.S. Department
of Energy (‘‘DOE’’) on the test
procedures prescribed in 10 CFR 430.23,
Subpart B, Appendix Z,2 for
determining the energy efficiency of
certain adaptive external power
supplies (‘‘EPSs’’).3 As set forth herein,
Huawei submits that the basic models of
the adaptive EPSs identified in
Appendix I of this petition satisfy the
criteria for a waiver as specified in rules
governing DOE’s Energy Conservation
Program for Consumer Products.4 That
is, the prescribed test procedures for
evaluating these adaptive EPSs are so
unrepresentative of their true energy
consumption characteristics that such
testing would result in materially
inaccurate comparative data. Huawei
therefore requests that the alternate test
procedure described below serve the
purpose of evaluating the energy
consumption characteristics of these
adaptive EPSs.5
Huawei also notes that basic models
of adaptive EPSs listed in Appendix I
1 Huawei is a leading global provider information
and communications technology solutions,
products, and services that are used in more than
170 countries and regions—including in the United
States—and serve over one-third of the world’s
population, enabling the future information society
and building a Better Connected World. See https://
www.huawei.com/en/.
2 See 10 CFR 430.23, Subpart B, Appendix Z
(2017) (uniform test method for measuring the
energy consumption of external power supplies);
see also 10 CFR 430.27 (2017) (setting forth rules
for petition for waiver and interim waiver).
3 As defined in Federal rules, an adaptive EPS is
‘‘an external power supply that can alter its output
voltage during active-mode based on an established
digital communication protocol with the end-use
application without any user generated action.’’ See
10 CFR 430.2 (2017).
4 See 10 CFR 430.27(a)(1).
5 See 10 CFR 430.27 (b)(1)(iii).
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incorporate similar design
characteristics to those for which DOE
has already granted an interim waiver
conditioned on the use of an alternate
testing procedure.6 Thus, as the
prescribed test procedures would result
in materially inaccurate comparative
data for the basic models of the adaptive
ESPs listed in Appendix I and DOE has
granted interim waivers for testing of
other manufacturers’ basic models with
similar design characteristics, Huawei
requests that DOE grant a waiver for
these basic models and provide for the
same alternate testing procedures as
those approved for other
manufacturers.7
I. Basic Models of Adaptive EPSs
Applicable to this Waiver Petition
The basic models for which a waiver
is requested are the adaptive EPSs set
forth in Appendix I. All of these basic
models are manufactured by Huawei
Technologies Co., Ltd. and will be
distributed in commerce in the United
States under the ‘‘Huawei’’ brand name.
II. Basis for Requested Waiver
As described in the earlier petitions
for which DOE granted interim waivers,
adaptive EPSs are highly useful
consumer products that have beneficial
environmental attributes.8 For example,
6 See Notice of Petition for Waiver of Apple, Inc.,
Microsoft Corporation, Poin2 Lab, and Hefei Bitland
information Technology Co., Ltd. From the
Department of Energy External Power Supplies Test
Procedure and Grant of Interim Waiver, 82 FR
34294 (July 24, 2017). Pursuant to Program rules at
430 CFR 430.27 (j), Huawei submits this petition for
waiver and application for interim waiver as it is
a manufacturer which does not currently distribute
adaptive EPSs in commerce in the United States
that employ the particular technology or have the
same particular characteristic as those identified in
the petitions noted here. Hence, prior to
distributing in commerce in the United States the
adaptive EPSs identified in Appendix 1, Huawei
submits this petition for waiver and request for
interim waiver of these EPS basic models.
7 Huawei notes that DOE has stated it will publish
in the Federal Register either: a ‘‘Decision and
Order’’ as to the continued use of the alternate
testing procedure approved as part of the earlier
waiver petitions or a modified version thereof; or
a new amended testing procedure. 82 FR 34294,
34297 (July 24, 2017). While DOE final action may
resolve the issue of testing all basic models of
adaptive EPSs under the latter scenario, Huawei
requests immediate relief by the grant of an interim
waiver and, to the extent necessary, a waiver from
the prescribed test procedures.
8 See Petition of Apple, Inc. for Waiver and
Application for Interim Waiver of Test Procedures
for External Power Supplies (June 8, 2017) at 2
(‘‘Apple Petition’’); Petition of Microsoft
Corporation for Waiver and Application for Interim
Waiver of Test Procedures for External Power
Supplies (June 8, 2017) at 2 (‘‘Microsoft Petition’’);
Petition of Poin2Lab for Waiver and Application for
Interim Waiver of Test Procedures for External
Power Supplies (June 8, 2017) at 2 (‘‘Poin2Lab
Petition’’); and Petition of Hefei Bitland Technology
Co., Ltd. for Waiver Application for Interim Waiver
of Test Procedures for External Power Supplies
(June 22, 2017) at 2 (‘‘Hefei Petition’’).
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they provide energy efficient charging
with less resistive loss and accelerate
the charging process which reduces the
overall time needed to charge a
product’s battery. They can also be
readily reused when devices are
replaced.9 While convenient for
consumers, adaptive EPSs further yield
environmental benefits by providing
more efficient energy use, reduced
packaging with less landfill waste and a
decreased need for transportation
shipments.10
The current DOE test procedure
requires measurement of average activemode efficiency for adaptive EPSs at
four load points—100%, 75%, 50%, and
25%—for each of the highest and lowest
voltage levels.11 The average efficiency
is deemed to be the arithmetic mean of
the efficiency values calculated at the
four load points.12
The lowest achievable output voltage
supported by the basic models is 5 volts
(V), which corresponds to a maximum
power of 15W.13 According to
International Electrotechnical
Commission’s (‘‘IEC’’) USB Power
Delivery Specification (IEC 62680–1–
2:2017), the product shall support 15 W
at 5V.14
Adaptive EPSs are increasingly used
with tablets, mobile phones, and similar
hand-held devices. These devices
constitute the typical primary load of
adaptive EPSs. In conformance with the
IEC USB Power Delivery Specification,
the adaptive EPSs listed in Appendix I
are required to support 15W (5V
3A[amps]) when used with these
devices.15 However, these devices very
rarely consume the power of 15W and
do not exceed 10W in nearly all realworld usage scenarios.
As described to DOE in earlier
petitions,16 evaluation of adaptive EPSs
at the 15W power level does not
represent actual energy consumption
characteristics of the basic models listed
in Appendix I because the 15W at 5V
power level will only be used in
extremely rare instances for very short
periods of time. Therefore, Huawei
9 See
Id.
Id.
11 See § 430.23, Subpart B, Appendix Z, 4(a)(i)(C),
(E) and (H); see also Apple Petition at 3; Microsoft
Petition at 2; Poin2 Lab. Petition at 2; and Hefei
Petition at 2.
12 See § 430.23, Subpart B, Appendix Z, 4(a)(i)(H).
13 See Id.; see also Apple Petition at 3; Microsoft
Petition at 2; Poin2 Lab. Petition at 2–3; and Hefei
Petition at 2–3.
14 IEC 62680–1–2:2017, Universal serial bus
interfaces for data and power—Part 1–2: Common
components—USB Power Delivery Specifications.
See: https://webstore.iec.ch/publication/29564.
15 See Id.
16 See Apple Petition at 4; Microsoft Petition at
3; Poin2 Lab. Petition at 3; and Hefei Petition at 3.
10 See
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Federal Register / Vol. 83, No. 57 / Friday, March 23, 2018 / Notices
agrees that ‘‘evaluation of adaptive EPSs
at the 15W power level when evaluating
efficiency at the lowest voltage rail (5V)
is grossly unrepresentative of the actual
energy consumption characteristics of
these models in real world usage.’’ 17 As
such, Huawei joins the earlier
petitioners’ request that DOE grant a
waiver with the alternate test procedure
described below.
III. Proposed Alternate Test Procedure
Consistent with the approved
alternate test procedure included in the
earlier waiver petitions granted by
DOE,18 Huawei requests that the same
test procedure be allowed for purposes
of evaluating the performance of the
basic models of adaptive EPSs listed in
Appendix I. Specifically, Huawei
requests DOE allow performance testing
as follows:
‘‘The applicable method of test for the
basic models . . . is the test procedure
for EPSs prescribed by DOE at 10 CFR
part 430, subpart B, Appendix Z, except
that under section 4(a)(i)(E) and Table 1
of Appendix Z, adaptive EPSs that meet
the IEC 62680–1–2:2017 specification
must be tested such that the 100%
nameplate loading condition when
testing at the lowest achievable output
voltage is 2A (which corresponds to all
output power of 10 watts). The 75%,
50% and 25% loading conditions shall
be scaled accordingly and the nameplate
output power of such an EPS, at the
lowest output voltage, shall be equal to
10 watts.’’ 19
Huawei recommends that a waiver, if
granted, continue until such time as
DOE adopts an applicable amended test
procedure for adaptive EPSs.
IV. Request for Interim Waiver
Huawei also requests that DOE grant
an interim waiver for testing and rating
of the basic models of adaptive EPSs
listed in Appendix I. As DOE stated on
the earlier petitions, ‘‘absent an interim
waiver, the basic models identified. . .
cannot be tested and rated for energy
consumption on the basis of their true
characteristics.’’ 20 Further, DOE
concluded ‘‘that [the alternate test
procedure] will allow for the accurate
measurement of the energy use of these
products, while alleviating the testing
problems associated with petition’s
implementation of EPS testing for their
adaptive EPSs that support the IEC
62680–1–2:2017 specification,’’ and that
‘‘the petition for waiver will likely be
granted and has decided that it is
desirable for public policy reasons to
grant petitioners immediate relief
pending a determination on the petition
for waiver,’’ 21
In addition, without waiver relief,
Huawei will be subject to requirements
that should not apply to these products;
that is, compliance with both the IEC
62680–1–2:2017 specification and the
current DOE test procedure
requirements for these adaptive EPSs,
simultaneously, is not possible. Further,
Huawei’s ability to distribute its
adaptive EPSs in commerce in the
United States will be impaired, thereby
placing Huawei at a competitive
disadvantage in relation to other
manufacturers and distributors absent a
favorable determination by DOE.22 For
all of the reasons outlined above,
Huawei likewise requests an interim
waiver for the basic models of the
adaptive EPSs listed in Appendix I.
V. List of Manufacturers
A list of manufacturers of all other
basic models of adaptive ESPs
distributed in commerce in the United
States and known to Huawei that
incorporate design characteristic(s)
similar to those found in the basic
models that are the subject of the
petition is provided in Appendix II. The
list is identical to the list included in
the earlier petitions with the addition of
the four petitioners.23
*
*
*
*
*
Huawei requests expedited
consideration of this Waiver Petition
and Application for Interim Waiver and
is willing to promptly provide any
additional information DOE believes
may be necessary for that purpose.
VI. Conclusion
DOE should grant the requested
waiver and interim waiver for the basic
models of adaptive EPSs listed in
Appendix I.
Respectfully submitted,
Huawei Technologies, Co. Ltd.
Dennis J. Amari,
Director, Federal & Regulatory Affairs, 875
15th Street, NW, Suite 825, Washington DC
20005, (202) 289–6510, dennis.amari@
huawei.com
December 1, 2017
APPENDIX I
The waiver and interim waiver
requested herein should apply to testing
and rating of the following basic
models:
Product Type
Nameplate Input Rating (AC)
Nameplate Output Rating (DC)
HW–200200UPX ............................
Adaptive Single Voltage External
Power Supply.
100–240V∼, 50–60Hz,1.2A ..........
HW–200300UPX ............................
Adaptive Single Voltage External
Power Supply.
100–240V∼, 50–60Hz,1.8A ..........
HW–200325UPX ............................
Adaptive Single Voltage External
Power Supply.
100–240V∼, 50–60Hz,1.8A ..........
HW–200500UPX ............................
amozie on DSK30RV082PROD with NOTICES
Model
Adaptive Single Voltage External
Power Supply.
100–240V∼, 50–60Hz,2.0A ..........
Highest output voltage: 20V, 2A
(40W)Lowest output voltage:
5V, 3A (15W).
Highest output voltage: 20V, 3A
(60W)Lowest output voltage:
5V, 3A (15W).
Highest output voltage: 20V,
3.25A (65W)Lowest output voltage: 5V, 3A (15W).
Highest output voltage: 20V, 5A
(100W)Lowest output voltage:
5V, 3A (15W).
APPENDIX II
The following are manufacturers of all
other basic models distributed in
commerce in the United States and
known to Huawei to incorporate design
Id.
82 FR 34294, 34296 (July 24, 2017).
19 See Id.
characteristics similar to those found in
the basic models that are the subject of
the petition for waiver:
Acbel
Active-Semi, Inc.
17 See
20 See
18 See
21 See
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Jkt 244001
82 FR 34294, 34296 (July 24, 2017).
Id.
22 See 10 CFR 430.27(B)(2).
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Apple, Inc.
Bitland
Chicony Power Technology
Chrontel, Inc.
Dell
23 See Apple Petition, Appendix II at 13;
Microsoft Petition, Appendix II at 12; Poin2 Lab.
Petition, Appendix II at 12; and Hefei Petition,
Appendix II at 12.
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Honor Electronic Co., Ltd.
Huntkey
Ever Win International Corp.
Griffin Technology LLC
LG Electronics USA, Inc
Liteon
Lucent Trans Electronics Co., Ltd.
Microsoft Corporation
Mobileconn Technology Co., Ltd.
Phihong Technology Co., Ltd.
Poin2 Lab
Renesas Electronics Corp.
Salcomp Plc
Samsung
STMicroelectronics
Superior Communications
Texas Instruments
Ventev Mobile
Weltrend Semiconductor
Xentris Wireless
Sources include: ‘‘USB Power
Brick’’, USB Implementers Forum, Inc.,
https://www.usb.org/kcomplianceview/
CertifiedUSBPowerBricks.pdf
[FR Doc. 2018–05939 Filed 3–22–18; 8:45 am]
BILLING CODE 6450–01–P
DEPARTMENT OF ENERGY
[OE Docket No. EA–336–B]
Application To Export Electric Energy;
ConocoPhillips Company
Office of Electricity Delivery
and Energy Reliability, DOE.
ACTION: Notice of application.
AGENCY:
ConocoPhillips Company
(COP or Applicant) has applied to
renew its authority to transmit electric
energy from the United States to Mexico
pursuant to the Federal Power Act.
DATES: Comments, protests, or motions
to intervene must be submitted on or
before April 23, 2018.
ADDRESSES: Comments, protests,
motions to intervene, or requests for
more information should be addressed
to: Office of Electricity Delivery and
Energy Reliability, Mail Code: OE–20,
U.S. Department of Energy, 1000
Independence Avenue SW, Washington,
DC 20585–0350. Because of delays in
handling conventional mail, it is
recommended that documents be
transmitted by overnight mail, by
electronic mail to Electricity.Exports@
hq.doe.gov, or by facsimile to 202–586–
8008.
SUPPLEMENTARY INFORMATION: Exports of
electricity from the United States to a
foreign country are regulated by the
Department of Energy (DOE) pursuant to
sections 301(b) and 402(f) of the
Department of Energy Organization Act
(42 U.S.C. 7151(b), 7172(f)) and require
authorization under section 202(e) of
amozie on DSK30RV082PROD with NOTICES
SUMMARY:
VerDate Sep<11>2014
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Jkt 244001
the Federal Power Act (16 U.S.C.
824a(e)).
On April 16, 2013, DOE issued Order
No. EA–336–A to COP which
authorized the Applicant to transmit
electric energy from the United States to
Mexico as a power marketer for a fiveyear term using existing international
transmission facilities. That authority
expires on April 16, 2018. On February
13, 2018, COP filed an application with
DOE for renewal of the export authority
contained in Order No. EA–336–A for
an additional five-year term.
In its application, COP states that it
does not own or operate any electric
generation or transmission facilities.
The electric energy that COP proposes
to export to Mexico would be purchased
from third parties such as electric
utilities and Federal power marketing
agencies pursuant to voluntary
agreements. The existing international
transmission facilities to be utilized by
COP have previously been authorized
by Presidential Permits issued pursuant
to Executive Order 10485, as amended,
and are appropriate for open access
transmission by third parties.
Procedural Matters: Any person
desiring to be heard in this proceeding
should file a comment or protest to the
application at the address provided
above. Protests should be filed in
accordance with Rule 211 of the Federal
Energy Regulatory Commission’s (FERC)
Rules of Practice and Procedures (18
CFR 385.211). Any person desiring to
become a party to these proceedings
should file a motion to intervene at the
above address in accordance with FERC
Rule 214 (18 CFR 385.214). Five copies
of such comments, protests, or motions
to intervene should be sent to the
address provided above on or before the
date listed above.
Comments and other filings
concerning COP’s application to export
electric energy to Mexico should be
clearly marked with OE Docket No. EA–
336–B. An additional copy is to be
provided directly to both Casey P.
McFaden and Robert F. Bonner,
ConocoPhillips Company, 600 North
Dairy Ashford, Houston, TX 77079.
A final decision will be made on this
application after the environmental
impacts have been evaluated pursuant
to DOE’s National Environmental Policy
Act Implementing Procedures (10 CFR
part 1021) and after a determination is
made by DOE that the proposed action
will not have an adverse impact on the
sufficiency of supply or reliability of the
U.S. electric power supply system.
Copies of this application will be
made available, upon request, for public
inspection and copying at the address
provided above, by accessing the
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program website at https://energy.gov/
node/11845, or by emailing Angela Troy
at Angela.Troy@hq.doe.gov.
Issued in Washington, DC, on March 15,
2018.
Christopher Lawrence,
Electricity Policy Analyst, Office of Electricity
Delivery and Energy Reliability.
[FR Doc. 2018–05942 Filed 3–22–18; 8:45 am]
BILLING CODE 6450–01–P
DEPARTMENT OF ENERGY
Federal Energy Regulatory
Commission
Combined Notice of Filings #1
Take notice that the Commission
received the following electric corporate
filings:
Docket Numbers: EC18–55–000.
Applicants: EAM Nelson Holding,
LLC, Entergy Nuclear Generation
Company, Entergy Nuclear Indian Point
2, LLC, Entergy Nuclear Indian Point 3,
LLC, Entergy Nuclear Palisades, LLC,
Entergy Nuclear Power Marketing, LLC,
Entergy Power, LLC, EWO Marketing,
LLC, RS Cogen, LLC.
Description: Supplement to February
8, 2018 Joint application of EAM Nelson
Holding, LLC, et al., for FPA Section
203 authorization.
Filed Date: 3/15/18.
Accession Number: 20180315–5157.
Comments Due: 5 p.m. ET 3/26/18.
Docket Numbers: EC18–71–000.
Applicants: NorthWestern
Corporation, NJR Clean Energy Ventures
II Corporation.
Description: Application of
NorthWestern Corporation, et al. for
FPA Section 203 Authorization.
Filed Date: 3/16/18.
Accession Number: 20180316–5134.
Comments Due: 5 p.m. ET 4/6/18.
Take notice that the Commission
received the following electric rate
filings:
Docket Numbers: ER18–1–003.
Applicants: California Independent
System Operator Corporation.
Description: Compliance filing: 2018–
03–16 Reliability Services Initiative
Phase 1b and Phase 2 Compliance to be
effective 3/16/2018.
Filed Date: 3/16/18.
Accession Number: 20180316–5077.
Comments Due: 5 p.m. ET 4/6/18.
Docket Numbers: ER10–2063–002.
Applicants: Otter Tail Power
Company.
Description: Errata to December 28,
2017 Triennial MBR Report for Central
Region of Otter Tail Power Company.
Filed Date: 3/15/18.
E:\FR\FM\23MRN1.SGM
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Agencies
[Federal Register Volume 83, Number 57 (Friday, March 23, 2018)]
[Notices]
[Pages 12737-12743]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-05939]
-----------------------------------------------------------------------
DEPARTMENT OF ENERGY
[Case Number 2017-014; EERE-2017-BT-WAV-0061]
Notice of Petition for Waiver of Huawei Technologies, Co. Ltd.
From the Department of Energy External Power Supplies Test Procedure
and Grant of Interim Waiver
AGENCY: Office of Energy Efficiency and Renewable Energy, Department of
Energy.
ACTION: Notice of petition for waiver, granting of an interim waiver,
and request for public comment.
-----------------------------------------------------------------------
SUMMARY: This notice announces receipt of and publishes a petition for
waiver from Huawei Technologies, Co. Ltd. (``Huawei'') seeking an
exemption from specified portions of the U.S. Department of Energy's
(``DOE's'') test procedure for determining external power supply
(``EPS'') energy efficiency. The waiver request pertains to adaptive
EPSs that support a particular International Electrotechnical
Commission standard. Under the existing DOE test procedure, the average
active mode efficiency of an adaptive EPS must be tested at both its
lowest and highest achievable output voltages. Huawei contends that
since its specified products operate above 2 amps current at the lowest
achievable output voltages under rare conditions and for only brief
periods of time, the suggested alternate testing approach detailed in
its waiver petition is needed to measure the active mode efficiency of
such products in a representative manner. DOE is granting Huawei an
interim waiver from the DOE EPS test procedure for the specified basic
models of EPSs, subject to use of the alternate test procedure as set
forth in this document and is soliciting comments, data, and
information concerning the petition and the suggested alternate test
procedure.
DATES: Written comments and information are requested and will be
accepted on or before April 23, 2018.
ADDRESSES: Interested persons are encouraged to submit comments using
the Federal eRulemaking Portal at https://www.regulations.gov. Follow
the instructions for submitting comments. Alternatively, interested
persons may submit comments, identified by case number ``2017-014'',
and Docket number ``EERE-2017-BT-WAV-0061,'' by any of the following
methods:
Federal eRulemaking Portal: https://www.regulations.gov.
Follow the instructions for submitting comments.
Email: [email protected]. Include the case
number [Case No. 2017-014] in the subject line of the message.
Postal Mail: Ms. Lucy deButts, U.S. Department of Energy,
Building Technologies Office, Mailstop EE-5B, Petition for Waiver Case
No. 2017-014, 1000 Independence Avenue SW, Washington, DC 20585-0121.
If possible, please submit all items on a compact disc (``CD''), in
which case it is not necessary to include printed copies.
Hand Delivery/Courier: Appliance and Equipment Standards
Program, U.S. Department of Energy, Building Technologies Office, 950
L'Enfant Plaza SW, 6th Floor, Washington, DC 20024. Telephone: (202)
287-1445. If possible, please submit all items on CD, in which case it
is not necessary to include printed copies.
No telefacsimilies (faxes) will be accepted. For detailed
instructions on submitting comments and additional information on this
process, see section V of this document.
Docket: The docket, which includes Federal Register notices,
comments, and other supporting documents/materials, is available for
review at https://www.regulations.gov. All documents in the docket are
listed in the https://www.regulations.gov index. However, some documents
listed in the index, such as those containing information that is
exempt from public
[[Page 12738]]
disclosure, may not be publicly available.
The docket web page can be found at https://www.regulations.gov/docket?D=EERE-2017-BT-WAV-0061. The docket web page contains simple
instruction on how to access all documents, including public comments,
in the docket. See section V for information on how to submit comments
through https://www.regulations.gov.
FOR FURTHER INFORMATION CONTACT:
Ms. Lucy deButts, U.S. Department of Energy, Building Technologies
Office, Mailstop EE-5B, 1000 Independence Avenue SW, Washington, DC
20585-0121. Email: [email protected].
Michael Kido, U.S. Department of Energy, Office of the General
Counsel, Mail Stop GC-33, Forrestal Building, 1000 Independence Avenue
SW, Washington, DC 20585-0103. Telephone: (202) 586-8145. Email:
[email protected].
SUPPLEMENTARY INFORMATION:
I. Background and Authority
The Energy Policy and Conservation Act of 1975 (``EPCA'' or ``the
Act''),\1\ Public Law 94-163 (42 U.S.C. 6291-6317, as codified), among
other things, authorizes DOE to regulate the energy efficiency of a
number of consumer products and industrial equipment. Title III, Part B
\2\ of EPCA established the Energy Conservation Program for Consumer
Products Other Than Automobiles, a program that includes EPSs, which
are the focus of this notice. (42 U.S.C. 6291(36); 42 U.S.C. 6295(u)).
---------------------------------------------------------------------------
\1\ All references to EPCA in this document refer to the statute
as amended through the EPS Improvement Act of 2017, Public Law 115-
115 (January 12, 2018).
\2\ For editorial reasons, upon codification in the U.S. Code,
Part B was re-designated Part A.
---------------------------------------------------------------------------
Under EPCA, DOE's energy conservation program consists essentially
of four parts: (1) Testing, (2) labeling, (3) Federal energy
conservation standards, and (4) certification and enforcement
procedures. Relevant provisions of the Act include definitions (42
U.S.C. 6291), energy conservation standards (42 U.S.C. 6295), test
procedures (42 U.S.C. 6293), labeling provisions (42 U.S.C. 6294), and
the authority to require information and reports from manufacturers (42
U.S.C. 6296).
The Federal testing requirements consist of test procedures that
manufacturers of covered products must use as the basis for: (1)
Certifying to DOE that their products comply with the applicable energy
conservation standards adopted pursuant to EPCA (42 U.S.C. 6295(s)),
and (2) making representations about the efficiency of those products
(42 U.S.C. 6293(c)). Similarly, DOE must use these test procedures to
determine whether a product complies with relevant standards
promulgated under EPCA. (42 U.S.C. 6295(s))
Under 42 U.S.C. 6293, EPCA sets forth the criteria and procedures
DOE is required to follow when prescribing or amending test procedures
for covered products. EPCA requires that test procedures prescribed or
amended under this section must be reasonably designed to produce test
results which reflect the energy efficiency, energy use or estimated
annual operating cost of covered products during a representative
average use cycle or period of use and requires that test procedures
not be unduly burdensome to conduct. (42 U.S.C. 6293(b)(3)) The test
procedure for EPSs is contained in Title 10 of the Code of Federal
Regulations (``CFR'') Part 430, subpart B, appendix Z, Uniform Test
Method for Measuring the Energy Consumption of External Power Supplies.
The regulations set forth in 10 CFR 430.27 provide that upon
receipt of a petition, DOE will grant a waiver from the test procedure
requirements if DOE determines either that the basic model for which
the waiver was requested contains a design characteristic that prevents
testing of the basic model according to the prescribed test procedures,
or that the prescribed test procedures evaluate the basic model in a
manner so unrepresentative of its true energy or water consumption
characteristics as to provide materially inaccurate comparative data.
10 CFR 430.27(f)(2). DOE may grant the waiver subject to conditions,
including adherence to alternate test procedures. Id.
As soon as practicable after the granting of any waiver, DOE will
publish in the Federal Register a notice of proposed rulemaking to
amend its regulations so as to eliminate any need for the continuation
of such waiver. As soon thereafter as practicable, DOE will publish in
the Federal Register a final rule. 10 CFR 430.27(l).
The waiver process also allows DOE to grant an interim waiver from
test procedure requirements to manufacturers that have petitioned DOE
for a waiver of such prescribed test procedures if it appears likely
that the petition for waiver will be granted and/or if DOE determines
that it would be desirable for public policy reasons to grant immediate
relief pending a determination on the petition for waiver. 10 CFR
430.27(e)(2). Within one year of issuance of an interim waiver, DOE
will either: (i) Publish in the Federal Register a determination on the
petition for waiver; or (ii) publish in the Federal Register a new or
amended test procedure that addresses the issues presented in the
waiver. 10 CFR 430.27(h)(1). When DOE amends the test procedure to
address the issues presented in a waiver, the waiver will automatically
terminate on the date on which use of that test procedure is required
to demonstrate compliance. 10 CFR 430.27(h)(2).
II. Petition for Waiver of Test Procedure and Petition for Interim
Waiver
On December 1, 2017, Huawei filed a petition for waiver from the
DOE test procedure for EPSs under 10 CFR 430.27 for several basic
models of adaptive EPSs \3\ that meet the provisions of the
International Electrotechnical Commission's ``Universal serial bus
interfaces for data and power--Part 1-2: Common components--USB Power
Delivery'' (``IEC 62680-1-2:2017'') specification.\4\ The IEC
specification describes the particular architecture, protocols, power
supply behavior, connectors, and cabling necessary for managing power
delivery over a universal serial bus (``USB'') connection at power
levels of up to 100 watts (``W''). The purpose behind this
specification is to help provide a standardized approach for power
supply and peripheral developers to ensure backward compatibility while
retaining product design and marketing flexibility. See generally, IEC
62680-1-2:2017 (Abstract) (describing the standard's general provisions
and purpose).
---------------------------------------------------------------------------
\3\ The specific basic models for which the petition applies are
EPS basic models HW-200200UPX, HW-200300UPX, HW-200325UPX, and HW-
200500UPX. These basic model names were provided by Huawei in its
December 1, 2017 petition.
\4\ International Electrotechnical Commission Universal serial
bus interfaces for data and power--Part 1-2: Common components--USB
Power Delivery specification, https://webstore.iec.ch/publication/26174/.
---------------------------------------------------------------------------
In Huawei's view, applying the DOE test procedure to the adaptive
EPSs specified in its petitions would yield results that would be
unrepresentative of the active-mode efficiency of those products. The
DOE test procedure requires that the average active-mode efficiency for
adaptive EPSs be measured by testing the unit twice--once at the
highest achievable output voltage (``V'') and once at the lowest. The
test procedure requires that active-mode efficiency be measured at four
loading conditions relative to the
[[Page 12739]]
nameplate output current of the EPS. See 10 CFR 430.23(bb) and 10 CFR
part 430, subpart B, appendix Z. The lowest achievable output voltage
supported by the IEC 62680-1-2:2017 specification is 5V and the
nameplate current at this voltage output is 3 amps (``A''), resulting
in a power output of 15 W. Huawei contends that while the IEC 62680-1-
2:2017 specification requires the tested EPS to support this power
output, the 15W at 5V condition will be rarely used and only for brief
periods of time, and that adaptive EPSs operating at 5V do not exceed
10W for almost all usage conditions.
Huawei contends that, when charging a product that is sold or
intended to be used with the EPS, the EPS charges at 5 volts only with
a dead battery or fully charged battery (and then at 0.5A or less). At
other times when more power is needed, the EPS will use a higher
voltage rail (greater than 5V). (A ``voltage rail'' refers to a single
voltage provided by the relevant power supply unit through a dedicated
circuit/wire used for that voltage.) Huawei further states that when
using an adaptive EPS that supports the IEC 62680-1-2:2017
specification to charge an end-use product of a manufacturer different
from the one who manufactured the EPS, it is likely that the product
would charge at less than 10W at 5V, or may even be capable of
exploiting the ability of an adaptive EPS to provide higher voltages
for faster charging.
Accordingly, Huawei asserts that the DOE test procedure's
measurement of efficiency at the prescribed power level (i.e., 5V, 3A)
is unrepresentative of the true energy consumption of these EPSs.
Consequently, it seeks a waiver from DOE to permit it to use an
alternate test procedure to measure the energy efficiency of the
specified adaptive EPSs that support the IEC 62680-1-2:2017
specification by testing these devices at the lowest voltage, 5V, and
at an output power at 10W instead of 15W.
Huawei also requests an interim waiver from the existing DOE test
procedure. DOE will grant an interim waiver if it appears likely that
the petition for waiver will be granted, and/or if DOE determines that
it would be desirable for public policy reasons to grant immediate
relief pending a determination of the petition for waiver. See 10 CFR
430.27(e)(2).
DOE understands that, absent an interim waiver, applying the
current DOE test procedure to the specified adaptive EPS basic models
would not produce results representative of the actual field usage of
these products. DOE notes that it has recently granted interim waivers
in response to petitions that presented the same issue as in Huawei's
petition.\5\ DOE has reviewed the alternate procedure suggested by
Huawei. The procedure, which is the same as that specified in the
recently granted interim waiver, will allow for the accurate
measurement of efficiency of these products, while alleviating the
testing problems associated with Huawei's implementation of EPS testing
for the basic models specified in its petition. Consequently, it
appears likely that Huawei's petition for waiver will be granted.
Furthermore, DOE has determined that it is desirable for public policy
reasons to grant Huawei immediate relief pending a determination of the
petition for waiver.
---------------------------------------------------------------------------
\5\ See, Notice of Petition for Waiver of Apple, Inc., Microsoft
Corporation, Poin2 Lab, and Hefei Bitland Information Technology
Co., Ltd. From the Department of Energy External Power Supplies Test
Procedure and Grant of Interim Waiver. 82 FR 23294 (July 24, 2017).
---------------------------------------------------------------------------
III. Alternate Test Procedure
EPCA requires that manufacturers use DOE test procedures when
making representations about the energy consumption and energy
consumption costs of products covered by the statute. (42 U.S.C.
6293(c)) Consistent representations are important for manufacturers to
use in making representations about the energy efficiency of their
products and to demonstrate compliance with applicable DOE energy
conservation standards.
In its petition, Huawei suggested that the basic models listed in
the petition be tested according to the DOE EPS test procedure
prescribed at 10 CFR part 431, subpart B, appendix Z, except to modify
the average active mode efficiency calculations by using the average of
four loading conditions representing the same respective percentages of
an output current of 2A rather than at its highest nameplate output
current--in this case, 3A. Under the current test procedure, when
testing an adaptive EPS at the lowest achievable output voltage, the
measured average active mode efficiency is equal to the average
efficiency when testing the EPS at 100%, 75%, 50%, and 25% of the
nameplate output current of the EPS at that voltage. See 10 CFR part
430 subpart B, appendix Z, sections 1.f and 4(a)(i)(E), and Table 1.
Thus, for an adaptive EPS with a lowest output voltage of 5V and a
nameplate output current of 3A (resulting in a 15W output at 100% of
the nameplate output current), the average active mode efficiency at
the lowest output voltage would be equal to the average of the
efficiencies when testing at 15W, 11.25W, 7.5W, and 3.75W. Under the
alternate test procedure suggested by Huawei, the average active mode
efficiency would equal the average of the efficiencies when testing at
10W, 7.5W, 5W, and 2.5W. The petitioner suggested taking the results
from this alternate approach and comparing them against the DOE
efficiency requirements at 10W.
During the period of the interim waiver in this notice, the
petitioner must test the specified basic models according to the test
procedure as discussed in this section. Pursuant to the test procedure
waiver regulations at 10 CFR 430.27 and after considering public
comments on the petition, DOE will announce its decision as to an
alternate test procedure for the petitioner in a subsequent Decision
and Order.
IV. Summary of Grant of Interim Waiver
For the reasons stated above, DOE has informed the petitioner that
it is granting the petition for interim waiver from testing for the
specified EPS basic models. The substance of the Interim Waiver Order
is summarized below.
Huawei is required to use the alternate test procedures set forth
in this notice to test and rate the EPS basic models listed in the
petition (HW-200200UPX, HW-200300UPX, HW-200325UPX, and HW-200500UPX).
Huawei is permitted to make representations about the EPS efficiency of
these basic models for compliance, marketing, or other purposes only to
the extent that such products have been tested in accordance with the
provisions set forth in the alternate test procedure and such
representations fairly disclose the results of such testing in
accordance with 10 CFR 429.37.
DOE evaluates and grants waivers and interim waivers for only those
basic models specifically set out in the petition, not future models
that may be manufactured by the petitioner. Huawei may request that DOE
extend the scope of a waiver or an interim waiver to include additional
basic models employing the same technology as the basic model(s) set
forth in the original petition consistent with 10 CFR 430.27(g). In
addition, DOE notes that granting of an interim waiver or waiver does
not release a petitioner from the certification requirements set forth
at 10 CFR part 429. See also 10 CFR 430.27(a) and (i).
Unless otherwise rescinded or modified, the interim waiver shall
remain in effect until such time as when DOE amends the test procedure
to address the issues presented in the
[[Page 12740]]
waiver and use of the amended test procedure is required to demonstrate
compliance. 10 CFR 430.27(h). DOE may rescind or modify a waiver or
interim waiver at any time upon a determination that the factual basis
underlying the petition for waiver or interim waiver is incorrect, or
upon a determination that the results from the alternate test procedure
are unrepresentative of the basic models' true energy consumption
characteristics. See 10 CFR 430.27(k)(1). Likewise, Huawei may request
that DOE rescind or modify the interim waiver if Huawei discovers an
error in the information provided to DOE as part of its petition,
determines that the interim waiver is no longer needed, or for other
appropriate reasons. 10 CFR 430.27(k)(2). Furthermore, this interim
waiver is conditioned upon the understanding that the statements,
representations, and documentary materials provided by Huawei are valid
and accurate.
V. Summary and Request for Comments
Through this notice, DOE announces receipt of Huawei's petition for
waiver from the DOE test procedure for certain basic models of Huawei's
EPSs, and DOE grants Huawei an interim waiver from the test procedure
for the EPS basic models listed in Huawei's petition. DOE is publishing
Huawei's petition for waiver in its entirety, pursuant to 10 CFR
430.27(b)(1)(iv).\6\ The petition includes a suggested alternate test
procedure, as discussed in section III of this notice, to determine the
EPS efficiency of Huawei's specified EPSs. DOE may consider including
this alternate procedure in a subsequent Decision and Order.
---------------------------------------------------------------------------
\6\ Huawei did not claim that any portion of its petition
contained confidential business information.
---------------------------------------------------------------------------
DOE invites all interested parties to submit in writing by April
23, 2018, comments and information on all aspects of the petition,
including the alternate test procedure. Pursuant to 10 CFR 430.27(d),
any person submitting written comments to DOE must also send a copy of
such comments to the petitioner. The contact information for the
petitioner is Mr. Dennis Amari, Director of Federal & Regulatory
Affairs, Huawei Technologies, Co. Ltd., 875 15th Street NW, Suite 825,
Washington, DC 20005.
Submitting comments via https://www.regulations.gov. The https://www.regulations.gov web page will require you to provide your name and
contact information. Your contact information will be viewable to DOE
Building Technologies staff only. Your contact information will not be
publicly viewable except for your first and last names, organization
name (if any), and submitter representative name (if any). If your
comment is not processed properly because of technical difficulties,
DOE will use this information to contact you. If DOE cannot read your
comment due to technical difficulties and cannot contact you for
clarification, DOE may not be able to consider your comment.
However, your contact information will be publicly viewable if you
include it in the comment or in any documents attached to your comment.
Any information that you do not want to be publicly viewable should not
be included in your comment, nor in any document attached to your
comment. Persons viewing comments will see only first and last names,
organization names, correspondence containing comments, and any
documents submitted with the comments.
Do not submit to https://www.regulations.gov information for which
disclosure is restricted by statute, such as trade secrets and
commercial or financial information (hereinafter referred to as
Confidential Business Information (``CBI'')). Comments submitted
through https://www.regulations.gov cannot be claimed as CBI. Comments
received through the website will waive any CBI claims for the
information submitted. For information on submitting CBI, see the
Confidential Business Information section.
DOE processes submissions made through https://www.regulations.gov
before posting. Normally, comments will be posted within a few days of
being submitted. However, if large volumes of comments are being
processed simultaneously, your comment may not be viewable for up to
several weeks. Please keep the comment tracking number that https://www.regulations.gov provides after you have successfully uploaded your
comment.
Submitting comments via email, hand delivery, or mail. Comments and
documents submitted via email, hand delivery, or mail also will be
posted to https://www.regulations.gov. If you do not want your personal
contact information to be publicly viewable, do not include it in your
comment or any accompanying documents. Instead, provide your contact
information on a cover letter. Include your first and last names, email
address, telephone number, and optional mailing address. The cover
letter will not be publicly viewable as long as it does not include any
comments.
Include contact information each time you submit comments, data,
documents, and other information to DOE. If you submit via mail or hand
delivery, please provide all items on a CD, if feasible. It is not
necessary to submit printed copies. No facsimiles (faxes) will be
accepted.
Comments, data, and other information submitted to DOE
electronically should be provided in PDF (preferred), Microsoft Word or
Excel, WordPerfect, or text (ASCII) file format. Provide documents that
are not secured, written in English and free of any defects or viruses.
Documents should not contain special characters or any form of
encryption and, if possible, they should carry the electronic signature
of the author.
Campaign form letters. Please submit campaign form letters by the
originating organization in batches of between 50 to 500 form letters
per PDF or as one form letter with a list of supporters' names compiled
into one or more PDFs. This reduces comment processing and posting
time.
Confidential Business Information. According to 10 CFR 1004.11, any
person submitting information that he or she believes to be
confidential and exempt by law from public disclosure should submit via
email, postal mail, or hand delivery two well-marked copies: one copy
of the document marked confidential including all the information
believed to be confidential, and one copy of the document marked ``non-
confidential'' with the information believed to be confidential
deleted. Submit these documents via email or on a CD, if feasible. DOE
will make its own determination about the confidential status of the
information and treat it according to its determination.
Factors of interest to DOE when evaluating requests to treat
submitted information as confidential include (1) a description of the
items, (2) whether and why such items are customarily treated as
confidential within the industry, (3) whether the information is
generally known by or available from other sources, (4) whether the
information has previously been made available to others without
obligation concerning its confidentiality, (5) an explanation of the
competitive injury to the submitting person which would result from
public disclosure, (6) when such information might lose its
confidential character due to the passage of time, and (7) why
disclosure of the information would be contrary to the public interest.
It is DOE's policy that all comments may be included in the public
docket, without change and as received,
[[Page 12741]]
including any personal information provided in the comments (except
information deemed to be exempt from public disclosure).
Issued in Washington, DC, on March 9, 2018.
Kathleen B. Hogan,
Deputy Assistant Secretary for Energy Efficiency, Energy Efficiency and
Renewable Energy.
Before the United States Department of Energy Washington, DC 20585
In the Matter of Energy Efficiency Program: Test Procedures for
External Power Supplies, Docket No. EERE-2014-BT-TP-0043, RIN 1904-
AD36.
Petition of Huawei Technologies Co., Ltd. for Waiver and Application
for Interim Waiver of Test Procedures for External Power Supplies
Huawei Technologies Co., Ltd. (``Huawei'') \1\ respectfully submits
this Petition for Waiver and Application for Interim Waiver to the U.S.
Department of Energy (``DOE'') on the test procedures prescribed in 10
CFR 430.23, Subpart B, Appendix Z,\2\ for determining the energy
efficiency of certain adaptive external power supplies (``EPSs'').\3\
As set forth herein, Huawei submits that the basic models of the
adaptive EPSs identified in Appendix I of this petition satisfy the
criteria for a waiver as specified in rules governing DOE's Energy
Conservation Program for Consumer Products.\4\ That is, the prescribed
test procedures for evaluating these adaptive EPSs are so
unrepresentative of their true energy consumption characteristics that
such testing would result in materially inaccurate comparative data.
Huawei therefore requests that the alternate test procedure described
below serve the purpose of evaluating the energy consumption
characteristics of these adaptive EPSs.\5\
---------------------------------------------------------------------------
\1\ Huawei is a leading global provider information and
communications technology solutions, products, and services that are
used in more than 170 countries and regions--including in the United
States--and serve over one-third of the world's population, enabling
the future information society and building a Better Connected
World. See https://www.huawei.com/en/.
\2\ See 10 CFR 430.23, Subpart B, Appendix Z (2017) (uniform
test method for measuring the energy consumption of external power
supplies); see also 10 CFR 430.27 (2017) (setting forth rules for
petition for waiver and interim waiver).
\3\ As defined in Federal rules, an adaptive EPS is ``an
external power supply that can alter its output voltage during
active-mode based on an established digital communication protocol
with the end-use application without any user generated action.''
See 10 CFR 430.2 (2017).
\4\ See 10 CFR 430.27(a)(1).
\5\ See 10 CFR 430.27 (b)(1)(iii).
---------------------------------------------------------------------------
Huawei also notes that basic models of adaptive EPSs listed in
Appendix I incorporate similar design characteristics to those for
which DOE has already granted an interim waiver conditioned on the use
of an alternate testing procedure.\6\ Thus, as the prescribed test
procedures would result in materially inaccurate comparative data for
the basic models of the adaptive ESPs listed in Appendix I and DOE has
granted interim waivers for testing of other manufacturers' basic
models with similar design characteristics, Huawei requests that DOE
grant a waiver for these basic models and provide for the same
alternate testing procedures as those approved for other
manufacturers.\7\
---------------------------------------------------------------------------
\6\ See Notice of Petition for Waiver of Apple, Inc., Microsoft
Corporation, Poin2 Lab, and Hefei Bitland information Technology
Co., Ltd. From the Department of Energy External Power Supplies Test
Procedure and Grant of Interim Waiver, 82 FR 34294 (July 24, 2017).
Pursuant to Program rules at 430 CFR 430.27 (j), Huawei submits this
petition for waiver and application for interim waiver as it is a
manufacturer which does not currently distribute adaptive EPSs in
commerce in the United States that employ the particular technology
or have the same particular characteristic as those identified in
the petitions noted here. Hence, prior to distributing in commerce
in the United States the adaptive EPSs identified in Appendix 1,
Huawei submits this petition for waiver and request for interim
waiver of these EPS basic models.
\7\ Huawei notes that DOE has stated it will publish in the
Federal Register either: a ``Decision and Order'' as to the
continued use of the alternate testing procedure approved as part of
the earlier waiver petitions or a modified version thereof; or a new
amended testing procedure. 82 FR 34294, 34297 (July 24, 2017). While
DOE final action may resolve the issue of testing all basic models
of adaptive EPSs under the latter scenario, Huawei requests
immediate relief by the grant of an interim waiver and, to the
extent necessary, a waiver from the prescribed test procedures.
---------------------------------------------------------------------------
I. Basic Models of Adaptive EPSs Applicable to this Waiver Petition
The basic models for which a waiver is requested are the adaptive
EPSs set forth in Appendix I. All of these basic models are
manufactured by Huawei Technologies Co., Ltd. and will be distributed
in commerce in the United States under the ``Huawei'' brand name.
II. Basis for Requested Waiver
As described in the earlier petitions for which DOE granted interim
waivers, adaptive EPSs are highly useful consumer products that have
beneficial environmental attributes.\8\ For example, they provide
energy efficient charging with less resistive loss and accelerate the
charging process which reduces the overall time needed to charge a
product's battery. They can also be readily reused when devices are
replaced.\9\ While convenient for consumers, adaptive EPSs further
yield environmental benefits by providing more efficient energy use,
reduced packaging with less landfill waste and a decreased need for
transportation shipments.\10\
---------------------------------------------------------------------------
\8\ See Petition of Apple, Inc. for Waiver and Application for
Interim Waiver of Test Procedures for External Power Supplies (June
8, 2017) at 2 (``Apple Petition''); Petition of Microsoft
Corporation for Waiver and Application for Interim Waiver of Test
Procedures for External Power Supplies (June 8, 2017) at 2
(``Microsoft Petition''); Petition of Poin2Lab for Waiver and
Application for Interim Waiver of Test Procedures for External Power
Supplies (June 8, 2017) at 2 (``Poin2Lab Petition''); and Petition
of Hefei Bitland Technology Co., Ltd. for Waiver Application for
Interim Waiver of Test Procedures for External Power Supplies (June
22, 2017) at 2 (``Hefei Petition'').
\9\ See Id.
\10\ See Id.
---------------------------------------------------------------------------
The current DOE test procedure requires measurement of average
active-mode efficiency for adaptive EPSs at four load points--100%,
75%, 50%, and 25%--for each of the highest and lowest voltage
levels.\11\ The average efficiency is deemed to be the arithmetic mean
of the efficiency values calculated at the four load points.\12\
---------------------------------------------------------------------------
\11\ See Sec. 430.23, Subpart B, Appendix Z, 4(a)(i)(C), (E)
and (H); see also Apple Petition at 3; Microsoft Petition at 2;
Poin2 Lab. Petition at 2; and Hefei Petition at 2.
\12\ See Sec. 430.23, Subpart B, Appendix Z, 4(a)(i)(H).
---------------------------------------------------------------------------
The lowest achievable output voltage supported by the basic models
is 5 volts (V), which corresponds to a maximum power of 15W.\13\
According to International Electrotechnical Commission's (``IEC'') USB
Power Delivery Specification (IEC 62680-1-2:2017), the product shall
support 15 W at 5V.\14\
---------------------------------------------------------------------------
\13\ See Id.; see also Apple Petition at 3; Microsoft Petition
at 2; Poin2 Lab. Petition at 2-3; and Hefei Petition at 2-3.
\14\ IEC 62680-1-2:2017, Universal serial bus interfaces for
data and power--Part 1-2: Common components--USB Power Delivery
Specifications. See: https://webstore.iec.ch/publication/29564.
---------------------------------------------------------------------------
Adaptive EPSs are increasingly used with tablets, mobile phones,
and similar hand-held devices. These devices constitute the typical
primary load of adaptive EPSs. In conformance with the IEC USB Power
Delivery Specification, the adaptive EPSs listed in Appendix I are
required to support 15W (5V 3A[amps]) when used with these devices.\15\
However, these devices very rarely consume the power of 15W and do not
exceed 10W in nearly all real-world usage scenarios.
---------------------------------------------------------------------------
\15\ See Id.
---------------------------------------------------------------------------
As described to DOE in earlier petitions,\16\ evaluation of
adaptive EPSs at the 15W power level does not represent actual energy
consumption characteristics of the basic models listed in Appendix I
because the 15W at 5V power level will only be used in extremely rare
instances for very short periods of time. Therefore, Huawei
[[Page 12742]]
agrees that ``evaluation of adaptive EPSs at the 15W power level when
evaluating efficiency at the lowest voltage rail (5V) is grossly
unrepresentative of the actual energy consumption characteristics of
these models in real world usage.'' \17\ As such, Huawei joins the
earlier petitioners' request that DOE grant a waiver with the alternate
test procedure described below.
---------------------------------------------------------------------------
\16\ See Apple Petition at 4; Microsoft Petition at 3; Poin2
Lab. Petition at 3; and Hefei Petition at 3.
\17\ See Id.
---------------------------------------------------------------------------
III. Proposed Alternate Test Procedure
Consistent with the approved alternate test procedure included in
the earlier waiver petitions granted by DOE,\18\ Huawei requests that
the same test procedure be allowed for purposes of evaluating the
performance of the basic models of adaptive EPSs listed in Appendix I.
Specifically, Huawei requests DOE allow performance testing as follows:
---------------------------------------------------------------------------
\18\ See 82 FR 34294, 34296 (July 24, 2017).
``The applicable method of test for the basic models . . . is the
test procedure for EPSs prescribed by DOE at 10 CFR part 430, subpart
B, Appendix Z, except that under section 4(a)(i)(E) and Table 1 of
Appendix Z, adaptive EPSs that meet the IEC 62680-1-2:2017
specification must be tested such that the 100% nameplate loading
condition when testing at the lowest achievable output voltage is 2A
(which corresponds to all output power of 10 watts). The 75%, 50% and
25% loading conditions shall be scaled accordingly and the nameplate
output power of such an EPS, at the lowest output voltage, shall be
equal to 10 watts.'' \19\
---------------------------------------------------------------------------
\19\ See Id.
Huawei recommends that a waiver, if granted, continue until such time
as DOE adopts an applicable amended test procedure for adaptive EPSs.
IV. Request for Interim Waiver
Huawei also requests that DOE grant an interim waiver for testing
and rating of the basic models of adaptive EPSs listed in Appendix I.
As DOE stated on the earlier petitions, ``absent an interim waiver, the
basic models identified. . . cannot be tested and rated for energy
consumption on the basis of their true characteristics.'' \20\ Further,
DOE concluded ``that [the alternate test procedure] will allow for the
accurate measurement of the energy use of these products, while
alleviating the testing problems associated with petition's
implementation of EPS testing for their adaptive EPSs that support the
IEC 62680-1-2:2017 specification,'' and that ``the petition for waiver
will likely be granted and has decided that it is desirable for public
policy reasons to grant petitioners immediate relief pending a
determination on the petition for waiver,'' \21\
---------------------------------------------------------------------------
\20\ See 82 FR 34294, 34296 (July 24, 2017).
\21\ See Id.
---------------------------------------------------------------------------
In addition, without waiver relief, Huawei will be subject to
requirements that should not apply to these products; that is,
compliance with both the IEC 62680-1-2:2017 specification and the
current DOE test procedure requirements for these adaptive EPSs,
simultaneously, is not possible. Further, Huawei's ability to
distribute its adaptive EPSs in commerce in the United States will be
impaired, thereby placing Huawei at a competitive disadvantage in
relation to other manufacturers and distributors absent a favorable
determination by DOE.\22\ For all of the reasons outlined above, Huawei
likewise requests an interim waiver for the basic models of the
adaptive EPSs listed in Appendix I.
---------------------------------------------------------------------------
\22\ See 10 CFR 430.27(B)(2).
---------------------------------------------------------------------------
V. List of Manufacturers
A list of manufacturers of all other basic models of adaptive ESPs
distributed in commerce in the United States and known to Huawei that
incorporate design characteristic(s) similar to those found in the
basic models that are the subject of the petition is provided in
Appendix II. The list is identical to the list included in the earlier
petitions with the addition of the four petitioners.\23\
---------------------------------------------------------------------------
\23\ See Apple Petition, Appendix II at 13; Microsoft Petition,
Appendix II at 12; Poin2 Lab. Petition, Appendix II at 12; and Hefei
Petition, Appendix II at 12.
---------------------------------------------------------------------------
* * * * *
Huawei requests expedited consideration of this Waiver Petition and
Application for Interim Waiver and is willing to promptly provide any
additional information DOE believes may be necessary for that purpose.
VI. Conclusion
DOE should grant the requested waiver and interim waiver for the
basic models of adaptive EPSs listed in Appendix I.
Respectfully submitted,
Huawei Technologies, Co. Ltd.
Dennis J. Amari,
Director, Federal & Regulatory Affairs, 875 15\th\ Street, NW, Suite
825, Washington DC 20005, (202) 289-6510, [email protected]
December 1, 2017
APPENDIX I
The waiver and interim waiver requested herein should apply to
testing and rating of the following basic models:
----------------------------------------------------------------------------------------------------------------
Nameplate Input Rating Nameplate Output Rating
Model Product Type (AC) (DC)
----------------------------------------------------------------------------------------------------------------
HW-200200UPX......................... Adaptive Single Voltage 100-240V~, 50-60Hz,1.2A Highest output voltage:
External Power Supply. 20V, 2A (40W)Lowest
output voltage: 5V, 3A
(15W).
HW-200300UPX......................... Adaptive Single Voltage 100-240V~, 50-60Hz,1.8A Highest output voltage:
External Power Supply. 20V, 3A (60W)Lowest
output voltage: 5V, 3A
(15W).
HW-200325UPX......................... Adaptive Single Voltage 100-240V~, 50-60Hz,1.8A Highest output voltage:
External Power Supply. 20V, 3.25A (65W)Lowest
output voltage: 5V, 3A
(15W).
HW-200500UPX......................... Adaptive Single Voltage 100-240V~, 50-60Hz,2.0A Highest output voltage:
External Power Supply. 20V, 5A (100W)Lowest
output voltage: 5V, 3A
(15W).
----------------------------------------------------------------------------------------------------------------
APPENDIX II
The following are manufacturers of all other basic models
distributed in commerce in the United States and known to Huawei to
incorporate design characteristics similar to those found in the basic
models that are the subject of the petition for waiver:
Acbel
Active-Semi, Inc.
Apple, Inc.
Bitland
Chicony Power Technology
Chrontel, Inc.
Dell
[[Page 12743]]
Honor Electronic Co., Ltd.
Huntkey
Ever Win International Corp.
Griffin Technology LLC
LG Electronics USA, Inc
Liteon
Lucent Trans Electronics Co., Ltd.
Microsoft Corporation
Mobileconn Technology Co., Ltd.
Phihong Technology Co., Ltd.
Poin2 Lab
Renesas Electronics Corp.
Salcomp Plc
Samsung
STMicroelectronics
Superior Communications
Texas Instruments
Ventev Mobile
Weltrend Semiconductor
Xentris Wireless
Sources include: ``USB Power Brick'', USB Implementers Forum, Inc.,
https://www.usb.org/kcomplianceview/CertifiedUSBPowerBricks.pdf
[FR Doc. 2018-05939 Filed 3-22-18; 8:45 am]
BILLING CODE 6450-01-P