Energy Conservation Program: Petition for Waiver of Anker Innovations Limited From the Department of Energy External Power Supply Test Procedure and Grant of Interim Waiver, 34167-34172 [2019-15204]
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BILLING CODE 5001–06–P
DEPARTMENT OF ENERGY
[Case Number 2019–005; EERE–2019–BT–
WAV–0010]
Energy Conservation Program:
Petition for Waiver of Anker
Innovations Limited From the
Department of Energy External Power
Supply Test Procedure and Grant of
Interim Waiver
Office of Energy Efficiency and
Renewable Energy, Department of
Energy.
ACTION: Notice of petition for waiver and
grant of an interim waiver, and request
for comments.
AGENCY:
This document announces
receipt of and publishes a petition for
waiver from Anker Innovations Limited
SUMMARY:
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34167
(‘‘Anker’’), which seeks a waiver from
the U.S. Department of Energy (‘‘DOE’’)
test procedure used for determining the
energy efficiency of a specified EPS
basic model. Anker asserts that testing
under the current DOE test procedure
does not reflect actual use of EPSs that
meet the USB Power Delivery
Specification and seeks to use an
alternate test procedure. DOE is granting
to Anker an interim waiver from the
DOE test procedure for the specified
basic model, subject to use of the
alternate test procedure as set forth in
the Interim Waiver Order. DOE solicits
comments, data, and information
concerning Anker’s petition and its
suggested alternate test procedure, as
well as the alternate test procedure
specified in the interim waiver, to
inform its final decision on Anker’s
waiver request.
DATES: Written comments and
information are requested and will be
accepted on or before August 16, 2019.
ADDRESSES: Interested persons are
encouraged to submit comments using
the Federal eRulemaking Portal at
https://www.regulations.gov.
Alternatively, interested persons may
submit comments, identified by case
number ‘‘2019–005’’, and Docket
number ‘‘EERE–2019–BT–WAV–0010,’’
by any of the following methods:
• Federal eRulemaking Portal: https://
www.regulations.gov. Follow the
instructions for submitting comments.
• Email: Anker2019WAV0010@
ee.doe.gov. Include Case No. 2019–005
in the subject line of the message.
• Postal Mail: Appliance and
Equipment Standards Program, U.S.
Department of Energy, Office of Energy
Efficiency and Renewable Energy,
Building Technologies Office, Mailstop
EE–5B, Petition for Waiver Case No.
2019–005, 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.
If possible, please submit all items on a
‘‘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
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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
disclosure, may not be publicly
available.
The docket web page can be found at
https://www.regulations.gov/docket?
D=EERE-2019-BT-WAV-0010. 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, Office of Energy Efficiency and
Renewable Energy, Building
Technologies Office, Mailstop EE–5B,
1000 Independence Avenue SW,
Washington, DC 20585–0121. Email:
AS_Waiver_Request@ee.doe.gov.
Mr. Michael Kido, U.S. Department of
Energy, Office of the General Counsel,
Mail Stop GC–33, Forrestal Building,
1000 Independence Avenue SW,
Washington, DC 20585–0103.
Telephone: 202–586–8145. Email:
Michael.Kido@hq.doe.gov.
SUPPLEMENTARY INFORMATION:
I. Background and Authority
The Energy Policy and Conservation
Act of 1975, as amended (‘‘EPCA’’),1
authorizes the U.S. Department of
Energy (‘‘DOE’’) to regulate the energy
efficiency of a number of consumer
products and industrial equipment. (42
U.S.C. 6291–6317) Title III, Part B 2 of
EPCA established the Energy
Conservation Program for Consumer
Products Other Than Automobiles,
which sets forth a variety of provisions
designed to improve energy efficiency
for certain types of consumer products.
These products include EPSs, the focus
of this document. (42 U.S.C. 6291(36);
42 U.S.C. 6295(u))
EPCA’s energy conservation program
consists essentially of four parts: (1)
Testing, (2) labeling, (3) Federal energy
conservation standards, and (4)
certification and enforcement
procedures. Relevant provisions of
EPCA for covered products include
definitions (42 U.S.C. 6291), energy
conservation standards (42 U.S.C. 6295),
test procedures (42 U.S.C. 6293),
1 All references to EPCA in this document refer
to the statute as amended through America’s Water
Infrastructure Act of 2018, Public Law 115–270
(October 23, 2018).
2 For editorial reasons, upon codification in the
U.S. Code, Part B was redesignated as Part A.
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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
that product (42 U.S.C. 6293(c)).
Similarly, DOE must use these test
procedures to determine whether the
product complies with relevant
standards promulgated under EPCA. (42
U.S.C. 6295(s))
Under 42 U.S.C. 6293, EPCA sets forth
the criteria and procedures DOE is
required to follow when prescribing or
amending test procedures for covered
products. EPCA requires that any test
procedures prescribed or amended
under this section must be reasonably
designed to produce test results which
reflect the energy efficiency, energy use
or estimated annual operating cost of a
covered product during a representative
average use cycle or period of use and
requires that test procedures not be
unduly burdensome to conduct. (42
U.S.C. 6293(b)(3)) The test procedure for
EPSs is contained in the Code of Federal
Regulations (‘‘CFR’’) at 10 CFR part 430,
subpart B, appendix Z, Uniform Test
Method for Measuring the Energy
Consumption of External Power
Supplies (‘‘Appendix Z’’).
Under 10 CFR 430.27, any interested
person may submit a petition for waiver
from DOE’s test procedure
requirements. DOE will grant a waiver
from the test procedure requirements if
DOE determines either that the basic
model for which the waiver was
requested contains a design
characteristic that prevents testing of the
basic model according to the prescribed
test procedures, or that the prescribed
test procedures evaluate the basic model
in a manner so unrepresentative of its
true energy consumption characteristics
as to provide materially inaccurate
comparative data. 10 CFR 430.27(f)(2). A
petitioner must include in its petition
any alternate test procedures known to
the petitioner to evaluate the basic
model in a manner representative of its
energy consumption characteristics. 10
CFR 430.27(b)(1)(iii).
DOE may grant the waiver subject to
conditions, including adherence to
alternate test procedures. 10 CFR
430.27(f)(2). As soon as practicable after
the granting of any waiver, DOE will
publish in the Federal Register a notice
of proposed rulemaking to amend its
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regulations so as to eliminate any need
for the continuation of such waiver. 10
CFR 430.27(l). As soon thereafter as
practicable, DOE will publish in the
Federal Register a final rule. Id.
The waiver process also provides that
DOE may grant an interim waiver if it
appears likely that the underlying
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 underlying
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. Anker’s Petition for Waiver and
Petition for Interim Waiver
On April 12, 2019, Anker filed a
petition for waiver and a petition for
interim waiver from the test procedure
applicable to EPSs set forth at Appendix
Z.3 Anker stated that the specified basic
model includes adaptive ports that
meets the provisions of the International
Electrotechnical Commission’s
‘‘Universal serial bus interfaces for data
and power—Part 1–2: Common
components—USB Power Delivery’’
(‘‘IEC 62680–1–2:2017’’) specification.
The IEC 62680–1–2:2017 specification
describes the particular architecture,
protocols, power supply behavior,
connectors, and cabling necessary for
managing power delivery over a
universal serial bus (‘‘USB’’) connection
at power levels of up to 100 watts
(‘‘W’’). The purpose behind this
specification is to help provide a
standardized approach for power supply
and peripheral developers to ensure
backward compatibility while retaining
product design and marketing
flexibility. See generally, IEC 62680–1–
2:2017 (Abstract) (describing the
standard’s general provisions and
purpose).
3 The specific basic model for which the petition
applies is EPS basic model A2041. This basic model
name was provided by Anker in its April 12, 2019
petition, which is available at: https://
www.regulations.gov/docket?D=EERE-2019-BTWAV-0010.
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Anker states that the adaptive ports
on the basic model identified in its
petition meet the IEC 62680–1–2:2017
specification. Anker asserts that testing
the adaptive ports that meet the IEC
62680–1–2:2017 specification at 15
watts at the lowest nameplate output
voltage (i.e., 5 volts, 3 amps) does not
reflect actual use in the field, and that,
at this voltage level, these ports do not
exceed 10 watts for almost all usage.
Accordingly, the petitioner argues that
the current DOE test procedure results
in a measurement that is grossly
unrepresentative of the actual energy
consumption characteristics of the EPS
in the real world.
Under the current DOE test
procedure, average active-mode
efficiency for an adaptive EPS is
measured by testing the units twice—
once at the highest achievable output
voltage (‘‘V’’) and once at the lowest
achievable output voltage. The test
procedure requires that active-mode
efficiency be measured at four loading
conditions relative to the nameplate
output current of the EPS. See 10 CFR
430.23(bb) and Appendix Z. The lowest
achievable output voltage supported by
the USB Power Delivery Specification is
5V and the specified nameplate current
at this voltage output is 3 amps (‘‘A’’),
resulting in a power output of 15W.
Anker contends that while the IEC
62680–1–2:2017 specification requires
the tested EPS to support this power
output, the 15W at 5V condition will be
rarely used and only for brief periods of
time, and that adaptive EPSs operating
at 5V do not exceed 10W for almost all
usage conditions.
Anker 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). Based on the
assertions in the petition, absent an
interim waiver, the DOE test procedure
would test the basic model of adaptive
EPS listed in the petition in a manner
so unrepresentative of its true energy
consumption characteristics as to
provide materially inaccurate
comparative data. DOE notes that it has
granted waivers in response to petitions
that presented the same issue as in
Anker’s petition.4 Consequently, it
4 See Notice of Decision and Order Granting
Individual Waivers to Apple Inc., Microsoft
Corporation, Poin2 Lab and Hefei Bitland
Information Technology Co., From the Department
of Energy External Power Supplies Test Procedure.
83 FR 11738 (March 16, 2018). See also, Notice of
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appears likely that Anker’s petition for
waiver will be granted. Furthermore,
DOE has determined that it is desirable
for public policy reasons to grant Anker
immediate relief pending a
determination of the petition for waiver.
III. Alternate Test Procedure
As part of its waiver request, Anker
seeks to use an alternate test procedure
to test and rate a specific EPS basic
model that features two USB–A nonadaptive ports, and two USB–C adaptive
ports. In its suggested alternate test
procedure, Anker recommends testing
the EPS by loading both USB–A output
ports at a combined power draw of 10
watts (‘‘W’’) (i.e., 5 volts, 1 amp per
USB–A port) for the 100% loading
condition, and both USB–C output ports
at a combined power draw of 90W (i.e.,
20 volts, 2.25 amps per USB–C port) for
the 100% loading condition. The 75%,
50%, and 25% loading conditions
would then be scaled accordingly (i.e.,
0.75 amps, 0.5 amps, 0.25 amps for each
USB–A port at 5 volts, respectively; and
1.688 amps, 1.125 amps, 0.563 amps for
each USB–C output port at 20 volts,
respectively). Based on DOE’s reading of
Anker’s suggested alternate test
procedure, this approach would
effectively require a given EPS to be
tested only at the highest nameplate
output voltage.
DOE has reviewed Anker’s suggested
alternate test procedure and initially
finds that the suggested test procedure
would also evaluate the basic model in
a manner unrepresentative of its true
energy characteristics. While DOE
recognizes that testing a port that meets
the IEC 62680–1–2:2017 specification at
5V, 3A is unrepresentative of actual
field use, the petitioner’s suggested
method of testing an adaptive EPS only
at the highest nameplate output voltage
would also be unrepresentative of the
tested device’s true energy
consumption. Adaptive USB–C ports are
able to operate at their stated higher
nameplate output voltages only when
used in conjunction with consumer
products that are able to request the
higher voltages from the EPS using
established digital communication
protocols as outlined in the IEC 62680–
1–2:2017 specification. The output of
these USB–C ports will revert to the
lowest voltage (i.e., 5V) when used with
devices that are incapable of such
digital communication. In order for a
measurement to be representative of
real-world usage, the applicable test
Decision and Order Granting Individual Waiver to
Huawei Technologies, Co. Ltd. From the
Department of Energy External Power Supplies Test
Procedure and Grant of Interim Waiver. 83 FR
25448 (June 1, 2018).
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34169
procedure must include measurements
covering both of these use cases.
Anker’s suggested alternate test
procedure would fail to capture this
product’s real-world energy use, which
Anker admits would include the 5V
operating condition, albeit not at a
current of 3 amps as specified under IEC
62680–12:2017.
In previously granted waivers, the
alternative test procedures address
issues of representativeness by testing
ports that meet the IEC 62680–1–2:2017
specification at 10W (i.e., 5 volts, 2
amps) at the lowest nameplate output
voltage for the 100% loading condition,
rather than at 15W (i.e., 5 volts, 3 amps)
as specified under the IEC testing
standard. The 75%, 50%, and 25%
loading conditions are then scaled
accordingly. All other testing
requirements, including testing at the
highest nameplate output voltage, apply
as prescribed in Appendix Z. This test
method captures the efficiencies of such
an EPS at both its highest and lowest
nameplate output voltages while
alleviating the problem of providing a
representative measurement caused by
testing adaptive ports at 15W at the
lowest nameplate output voltage.
Testing an adaptive EPS in this manner
provides a more representative
assessment of its real-world behavior
where the device’s output voltage
depends on the functionality of the
connected consumer product.
Additionally, prescribing a single test
method that applies to all EPSs meeting
the IEC 62680–1–2:2017 specification
ensures the comparability of test results.
Therefore, in place of the petitioner’s
suggested test method, DOE is requiring
Anker to test the specified adaptive EPS
at both the highest and lowest output
voltage to better account for the
adaptive nature of the EPS. Consistent
with previous test procedure waivers for
the specified basic model,5 the adaptive
ports that meet the IEC 62680–1–2:2017
specification must be tested at an output
power of 10W at the lowest nameplate
output voltage, 5 volts, instead of 15W.
The loading conditions at 75%, 50%,
and 25% must be scaled accordingly
(i.e., 7.5W, 5W, 2.5W, respectively). For
the highest nameplate output voltage,
the specified EPS basic model must be
tested according to the current EPS test
procedure provisions for multiple5 See Notice of Decision and Order Granting
Individual Waivers to Apple Inc., Microsoft
Corporation, Poin2 Lab and Hefei Bitland
Information Technology Co., From the Department
of Energy External Power Supplies Test Procedure.
83 FR 11738 (March 16, 2018). See also, Notice of
Decision and Order Granting Waiver to Huawei
Technologies, Co. Ltd. 83 FR 25448 (June 1, 2018).
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voltage EPSs as prescribed in section
4(b) of Appendix Z.
IV. Summary of Grant of an Interim
Waiver
DOE has reviewed Anker’s petition
for an interim waiver, and the alternate
test procedure requested by Anker.
Upon this review and for the reasons
discussed in the prior section, DOE has
initially determined that the alternate
test procedure as suggested by Anker
would not evaluate the basic model in
a manner representative of its true
energy characteristics. In contrast, the
alternate test procedure specified by
DOE appears to allow for the accurate
measurement of the efficiency of this
product, while alleviating the testing
problems associated with Anker’s
implementation of EPS testing for the
basic model specified in its petition.
Consequently, it appears likely that
Anker’s petition for a waiver will be
granted. Furthermore, DOE has
determined that it is desirable for public
policy reasons to grant Anker immediate
relief pending a determination of the
petition for waiver.
For the reasons stated, DOE has
issued an Order stating:
(1) Anker must test and rate Ankerbranded external power supply (‘‘EPS’’)
basic model A2041 in accordance with
the alternate test procedure set forth in
paragraph (2).
(2) The alternate test procedure for the
Anker basic models referenced in
paragraph (1) is the test procedure for
EPS prescribed by DOE at 10 CFR part
430, subpart B, Appendix Z, except that
under section 4(a)(i)(E) and Table 1 of
Appendix Z, when testing at the lowest
achievable output voltage, ports that
meet the IEC 62680–1–2:2017
specification must be tested such that
the 100% nameplate loading condition
shall be 2 amps (which corresponds to
an output power of 10 watts). The 75%,
50%, and 25% loading conditions shall
be scaled accordingly and the nameplate
output power of such ports, at the
lowest output voltage, shall be equal to
10 watts. All other requirements of
Appendix Z and DOE’s regulations
remain applicable.
(3) Representations. Anker may not
make representations about the energy
efficiency of the basic models
referenced in paragraph (1) for
compliance, marketing, or other
purposes unless the basic model has
been tested in accordance with the
provisions set forth in paragraph (2) and
such representations fairly disclose the
results of such testing.
(4) This interim waiver shall remain
in effect according to the provisions of
10 CFR 430.27.
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(5) This interim waiver is issued to
Anker on the condition that the
statements and representations provided
by Anker are valid. DOE may rescind or
modify this waiver at any time if it
determines the factual basis underlying
the petition for waiver is incorrect, or
the results from the alternate test
procedure are unrepresentative of the
basic models’ true energy consumption
characteristics. 10 CFR 430.27(k)(1).
Likewise, Anker may request that DOE
rescind or modify the interim waiver if
Anker discovers an 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).
(6) Granting of this interim waiver
does not release Anker from the
certification requirements set forth at 10
CFR part 429.
DOE makes decisions on 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. Anker
may submit a new or amended petition
for waiver and request for grant of
interim waiver, as appropriate, for
additional basic models of central air
conditioners and heat pumps.
Alternatively, if appropriate, Anker 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).
V. Request for Comments
DOE is publishing Anker’s petition for
waiver in its entirety as originally
submitted, pursuant to 10 CFR
430.27(b)(1)(iv). The petition includes a
suggested alternate test procedure, as
specified in section III of this document,
to determine the efficiency of Anker’s
specified EPS. DOE may consider
including this alternate procedure in a
subsequent Decision and Order based
on comments from interested parties.
However, DOE is granting an interim
waiver using an alternate test procedure
different than that suggested by the
petitioner described in section IV of this
document. DOE may consider including
the alternate procedure specified in the
Interim Waiver Order in a subsequent
Decision and Order.
DOE invites all interested parties to
submit in writing by August 16, 2019,
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
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the petitioner is Eric Pan, Room 1318–
19, Hollywood Plaza, 610 Nathan Road,
Mongkok, Kowloon, Hongkong.
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
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Persons viewing comments will see only
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Do not submit to https://
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referred to as Confidential Business
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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
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Submitting comments via email, hand
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https://www.regulations.gov. If you do
not want your personal contact
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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
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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,
including any personal information
provided in the comments (except
information deemed to be exempt from
public disclosure).
Signed in Washington, DC, on July 10,
2019.
Alexander N. Fitzsimmons,
Acting Deputy Assistant Secretary for Energy
Efficiency, Energy Efficiency and Renewable
Energy.
Petition of Anker Innovations Limited.
For Waiver and Application for Interim
Waiver Interim Waiver of Test
Procedure for External Power Supplies
Anker Innovations Limited (Anker)
respectfully submits this Petition for
Waiver and Application for Interim
Waiverl [sic] as related to the
Department of Energy’s (DOE) test
procedure for external power supplies
(EPS) that Part 430, Subpart B,
Appendix Z.
Anker is located at Room 1318–19,
Hollywood Plaza, 610 Nathan Road,
Mongkok, Kowloon, Hongkong [sic].
Telephone number: 0755–86544807.
The EPS basic models listed in
Appendix I hereto meet the criteria for
a waiver[.]
The current DOE test procedure
evaluates the models in a manner that
is that is [sic] grossly unrepresentative
of their actual energy consumption
characteristics in real-world usage. This
situation has already been recognized by
DOE, and it has indicated a willingness
to review the situation. Anker urges that
a waiver be granted that will provide for
the alternate test procedure . [sic]
discussed herein, under which lowest
voltage average efficiency would be
measured at 10 watts (W). This is far
more representative of actual energy
consumption characteristics of the
product in real-world usage than the
15W required by the current DOE test
procedure. DOE ‘‘will grant a waiver
from the test procedure requirements’’
in these circumstances.
I. Basic Models for Which a Waiver Is
Requested
The basic models for which a waiver
is requested are the adaptive EPS set
forth in Appendix I hereto. They are
manufactured by Anker Innovations are
[sic] distributed in commerce under the
Anker brand name.
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34171
II. Need for Die [sic] Requested Waiver
Adaptive EPSs are highly beneficial
products is [sic] to help provide a
standardized approach for power supply
and peripheral developers to ensure
backward compatibility while retaining
product design and marketing
flexibility.
Under the current DOE test
procedure, average active-mode
efficiency for adaptive EPS is to be
measured by testing the unit twice—
once at the highest achievable output
voltage and once at the lowest[.] Testing
is to be across four load points (100%,
75%, 50%, and 25%) for each of the
highest and lowest voltage levels. The
average efficiency is deemed to be the
arithmetic mean of the efficiency values
calculated at the four load points. 8 [sic]
The lowest achievable output voltage
supported by the basic models is 5 volts
(V). They are designed to provide a
maximum power of 15W when this
voltage is selected. 15W is an element
of the USB Power Delivery Specification
(standard IEC 62680–1–2:2017), which
requires the product to support 15W at
5V. However, adaptive EPS do not
exceed IOW for almost all usage. 15W
at 5V will only be used in rare use
scenarios and only for brief periods of
time. Therefore, the DOE test
procedure’s evaluation at this power
level is unrepresentative of the true
energy consumption of the basic models
in real-world usage.
III. Proposed Alternate Test Procedure
Anker proposed alternate test
procedure, [ ] consistent with the
approved alternate test procedure to
evaluate the performance of the
performance of the actual usage models.
A2041 is a 100W intelligent charger, [ ]
it contains four output ports, [sic] 2
USBC ports and 2 USBA ports. So
Anker think [sic] that the following
combination can better evaluate the
performance of the product.
This usage mddels [sic] combination
[sic] as follow:
When the USBA loading condition at
[the] lowest achievable output voltage is
2A [ ] (The UABA corresponds to output
power of 10 Watts). At the same time
with the USBC loading condition at the
rest of 90 watts is 4.5A at highest output
voltage [ ] (20V). The product total
output power is 100 watts.
• Measure at 4 points: 100%, 75%,
50%, & 25% of 100W load points at the
same time with USBA and USBC
loading condition.
• Take the average.
• Compare results against DOE
efficiency requirement at 100 watts.
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Federal Register / Vol. 84, No. 137 / Wednesday, July 17, 2019 / Notices
IV. Request for Interim Waiver
Appendix I
Anker requests an interim waiver for
its testing and rating of the models in
Appendix I. The petition for waiver is
likely to be granted, as evidenced by its
merits. Without waiver relief, Anker
would be subject to requirements that
clearly should not apply to such
products. And without such relief, Sales
[sic] of EPS will be inhibited, to the
detriment of Anker and to users and
distributors of adaptive EPS and the
products that use EPS.
The waiver and interim waiver requested
herein should apply to testing and rating of
the following basic models: A2041 provided
by Anker Innovations Limited.
Conclusion
DOE should grant Anker the
requested waiver and interim waiver for
the models listed in Appendix I hereto.
Respectfully submitted,
Compliance Engineer: Eric Pan
/s/
Appendix II
The following are manufacturers of all
other basic models distributed in commerce
in the United States and known to Anker to
incorporate design characteristics similar to
those found in the basic models that are the
subject of the petition for waiver:
Apple, Inc
Chicony Power Technology
Chrontel, Inc
Dell
HONOR ELECTRONIC CO. LTD
Huntkey
Ever Win International Corp.
Griffin Technology LLC
LG Electronics USA, Inc
Lite on
Lucent Trans Electronics Co., Ltd.
Mobileconn Technology Co., Ltd.
Phihong Technology Co., Ltd.
Poin2 Lab.
Renesas Electronics Corp.
Salcomp Pie
Samsung
STMicroelectronics
Superior Communications
Texas Instruments
Ventev Mobile
Weltrend Semiconductor
Xentris Wireless
[FR Doc. 2019–15204 Filed 7–16–19; 8:45 am]
BILLING CODE 6450–01–P
DEPARTMENT OF ENERGY
Notice of Orders Issued Under Section
3 of the Natural Gas Act During May
2019
FE Docket
Nos.
PORT ARTHUR LNG, LLC .................................................................................................................................................................
DRIFTWOOD LNG LLC ......................................................................................................................................................................
ENVIRO EXPRESS, INC ....................................................................................................................................................................
TRANS-PECOS PIPELINE, LLC ........................................................................................................................................................
ENCANA MARKETING (USA) INC .....................................................................................................................................................
TRAILSTONE ENERGY MARKETING DE MEXICO, S. DE R.L. DE C.V .........................................................................................
TRAILSTONE NA LOGISTICS, LLC ...................................................................................................................................................
ECOGAS MEXICO, S. DE R.L. DE C.V .............................................................................................................................................
WORLD FUEL SERVICES, INC .........................................................................................................................................................
IDAHO POWER COMPANY ...............................................................................................................................................................
CHEVRON U.S.A. INC ........................................................................................................................................................................
CP ENERGY MARKETING (US) INC .................................................................................................................................................
ELEMENT MARKETS RENEWBLE ENERGY LLC ...........................................................................................................................
OZARK GAS LLC ................................................................................................................................................................................
PETROCHINA INTERNATIONAL (CANADA)) TRADING LTD ..........................................................................................................
NEW ENGLAND NG SUPPLY LIMITED ............................................................................................................................................
POTELCO, INC ...................................................................................................................................................................................
CASCADE NATURAL GAS CORPORATION ....................................................................................................................................
Office of Fossil Energy,
Department of Energy.
ACTION: Notice of orders.
AGENCY:
The Office of Fossil Energy
(FE) of the Department of Energy gives
notice that during May 2019, it issued
orders granting authority to import and
export natural gas, to import and export
liquefied natural gas (LNG), and
vacating prior authorization. These
orders are summarized in the attached
SUMMARY:
appendix and may be found on the FE
website at https://www.energy.gov/fe/
listing-doefe-authorizationsordersissued-2019.
They are also available for inspection
and copying in the U.S. Department of
Energy (FE–34), Division of Natural Gas
Regulation, Office of Regulation,
Analysis, and Engagement, Office of
Fossil Energy, Docket Room 3E–033,
Forrestal Building, 1000 Independence
15–96–LNG
16–144–LNG
19–35–LNG;
17–53–LNG
19–50–NG
19–47–NG
19–51–NG
19–52–NG
19–45–NG
19–46–NG;
19–53–NG
19–54–NG
19–58–NG
19–59–NG
19–60–NG
19–44–NG
19–55–NG
19–56–LNG
19–57–NG
Avenue SW, Washington, DC 20585,
(202) 586–9478. The Docket Room is
open between the hours of 8:00 a.m. and
4:30 p.m., Monday through Friday,
except Federal holidays.
Signed in Washington, DC, on July 11,
2019.
Amy Sweeney,
Director, Office of Regulation, Analysis, and
Engagement, Office of Oil and Natural Gas.
APPENDIX
jbell on DSK3GLQ082PROD with NOTICES
DOE/FE ORDERS GRANTING IMPORT/EXPORT AUTHORIZATIONS
4372 ...............
05/02/19
15–96–LNG ...
Port Arthur LNG, LLC ............
4373 ...............
05/02/19
16–144–LNG
Driftwood LNG LLC ...............
4380; 4031–A
05/14/19
19–35–LNG;
17–53–LNG.
Enviro Express, Inc ................
4381 ...............
05/14/19
19–50–NG .....
Trans–Pecos Pipeline, LLC ...
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Opinion and Order 4372 granting long-term authority to export LNG to Non-Free Trade Agreement Nations.
Opinion and Order 4373 granting long-term authority to export LNG to Non-Free Trade Agreement Nations.
Order 4380 granting blanket authority to import LNG from
Canada by truck, and Order 4031–A vacating prior authorization.
Order 4381 granting blanket authority to import/export natural gas from/to Mexico.
E:\FR\FM\17JYN1.SGM
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]]>Agencies
[Federal Register Volume 84, Number 137 (Wednesday, July 17, 2019)]
[Notices]
[Pages 34167-34172]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-15204]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF ENERGY
[Case Number 2019-005; EERE-2019-BT-WAV-0010]
Energy Conservation Program: Petition for Waiver of Anker
Innovations Limited From the Department of Energy External Power Supply
Test Procedure and Grant of Interim Waiver
AGENCY: Office of Energy Efficiency and Renewable Energy, Department of
Energy.
ACTION: Notice of petition for waiver and grant of an interim waiver,
and request for comments.
-----------------------------------------------------------------------
SUMMARY: This document announces receipt of and publishes a petition
for waiver from Anker Innovations Limited (``Anker''), which seeks a
waiver from the U.S. Department of Energy (``DOE'') test procedure used
for determining the energy efficiency of a specified EPS basic model.
Anker asserts that testing under the current DOE test procedure does
not reflect actual use of EPSs that meet the USB Power Delivery
Specification and seeks to use an alternate test procedure. DOE is
granting to Anker an interim waiver from the DOE test procedure for the
specified basic model, subject to use of the alternate test procedure
as set forth in the Interim Waiver Order. DOE solicits comments, data,
and information concerning Anker's petition and its suggested alternate
test procedure, as well as the alternate test procedure specified in
the interim waiver, to inform its final decision on Anker's waiver
request.
DATES: Written comments and information are requested and will be
accepted on or before August 16, 2019.
ADDRESSES: Interested persons are encouraged to submit comments using
the Federal eRulemaking Portal at https://www.regulations.gov.
Alternatively, interested persons may submit comments, identified by
case number ``2019-005'', and Docket number ``EERE-2019-BT-WAV-0010,''
by any of the following methods:
Federal eRulemaking Portal: https://www.regulations.gov.
Follow the instructions for submitting comments.
Email: [email protected]. Include Case No. 2019-
005 in the subject line of the message.
Postal Mail: Appliance and Equipment Standards Program,
U.S. Department of Energy, Office of Energy Efficiency and Renewable
Energy, Building Technologies Office, Mailstop EE-5B, Petition for
Waiver Case No. 2019-005, 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. If possible,
please submit all items on a ``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
[[Page 34168]]
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 disclosure, may not be publicly available.
The docket web page can be found at https://www.regulations.gov/docket?D=EERE-2019-BT-WAV-0010. 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, Office of Energy Efficiency and Renewable Energy, Building
Technologies Office, Mailstop EE-5B, 1000 Independence Avenue SW,
Washington, DC 20585-0121. Email: [email protected].
Mr. Michael Kido, U.S. Department of Energy, Office of the General
Counsel, Mail Stop GC-33, Forrestal Building, 1000 Independence Avenue
SW, Washington, DC 20585-0103. Telephone: 202-586-8145. Email:
[email protected].
SUPPLEMENTARY INFORMATION:
I. Background and Authority
The Energy Policy and Conservation Act of 1975, as amended
(``EPCA''),\1\ authorizes the U.S. Department of Energy (``DOE'') to
regulate the energy efficiency of a number of consumer products and
industrial equipment. (42 U.S.C. 6291-6317) Title III, Part B \2\ of
EPCA established the Energy Conservation Program for Consumer Products
Other Than Automobiles, which sets forth a variety of provisions
designed to improve energy efficiency for certain types of consumer
products. These products include EPSs, the focus of this document. (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 America's Water Infrastructure Act of 2018,
Public Law 115-270 (October 23, 2018).
\2\ For editorial reasons, upon codification in the U.S. Code,
Part B was redesignated as Part A.
---------------------------------------------------------------------------
EPCA's energy conservation program consists essentially of four
parts: (1) Testing, (2) labeling, (3) Federal energy conservation
standards, and (4) certification and enforcement procedures. Relevant
provisions of EPCA for covered products 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 that product (42
U.S.C. 6293(c)). Similarly, DOE must use these test procedures to
determine whether the product complies with relevant standards
promulgated under EPCA. (42 U.S.C. 6295(s))
Under 42 U.S.C. 6293, EPCA sets forth the criteria and procedures
DOE is required to follow when prescribing or amending test procedures
for covered products. EPCA requires that any test procedures prescribed
or amended under this section must be reasonably designed to produce
test results which reflect the energy efficiency, energy use or
estimated annual operating cost of a covered product during a
representative average use cycle or period of use and requires that
test procedures not be unduly burdensome to conduct. (42 U.S.C.
6293(b)(3)) The test procedure for EPSs is contained in the Code of
Federal Regulations (``CFR'') at 10 CFR part 430, subpart B, appendix
Z, Uniform Test Method for Measuring the Energy Consumption of External
Power Supplies (``Appendix Z'').
Under 10 CFR 430.27, any interested person may submit a petition
for waiver from DOE's test procedure requirements. DOE will grant a
waiver from the test procedure requirements if DOE determines either
that the basic model for which the waiver was requested contains a
design characteristic that prevents testing of the basic model
according to the prescribed test procedures, or that the prescribed
test procedures evaluate the basic model in a manner so
unrepresentative of its true energy consumption characteristics as to
provide materially inaccurate comparative data. 10 CFR 430.27(f)(2). A
petitioner must include in its petition any alternate test procedures
known to the petitioner to evaluate the basic model in a manner
representative of its energy consumption characteristics. 10 CFR
430.27(b)(1)(iii).
DOE may grant the waiver subject to conditions, including adherence
to alternate test procedures. 10 CFR 430.27(f)(2). As soon as
practicable after the granting of any waiver, DOE will publish in the
Federal Register a notice of proposed rulemaking to amend its
regulations so as to eliminate any need for the continuation of such
waiver. 10 CFR 430.27(l). As soon thereafter as practicable, DOE will
publish in the Federal Register a final rule. Id.
The waiver process also provides that DOE may grant an interim
waiver if it appears likely that the underlying 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 underlying 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. Anker's Petition for Waiver and Petition for Interim Waiver
On April 12, 2019, Anker filed a petition for waiver and a petition
for interim waiver from the test procedure applicable to EPSs set forth
at Appendix Z.\3\ Anker stated that the specified basic model includes
adaptive ports that meets the provisions of the International
Electrotechnical Commission's ``Universal serial bus interfaces for
data and power--Part 1-2: Common components--USB Power Delivery''
(``IEC 62680-1-2:2017'') specification. The IEC 62680-1-2:2017
specification describes the particular architecture, protocols, power
supply behavior, connectors, and cabling necessary for managing power
delivery over a universal serial bus (``USB'') connection at power
levels of up to 100 watts (``W''). The purpose behind this
specification is to help provide a standardized approach for power
supply and peripheral developers to ensure backward compatibility while
retaining product design and marketing flexibility. See generally, IEC
62680-1-2:2017 (Abstract) (describing the standard's general provisions
and purpose).
---------------------------------------------------------------------------
\3\ The specific basic model for which the petition applies is
EPS basic model A2041. This basic model name was provided by Anker
in its April 12, 2019 petition, which is available at: https://www.regulations.gov/docket?D=EERE-2019-BT-WAV-0010.
---------------------------------------------------------------------------
[[Page 34169]]
Anker states that the adaptive ports on the basic model identified
in its petition meet the IEC 62680-1-2:2017 specification. Anker
asserts that testing the adaptive ports that meet the IEC 62680-1-
2:2017 specification at 15 watts at the lowest nameplate output voltage
(i.e., 5 volts, 3 amps) does not reflect actual use in the field, and
that, at this voltage level, these ports do not exceed 10 watts for
almost all usage. Accordingly, the petitioner argues that the current
DOE test procedure results in a measurement that is grossly
unrepresentative of the actual energy consumption characteristics of
the EPS in the real world.
Under the current DOE test procedure, average active-mode
efficiency for an adaptive EPS is measured by testing the units twice--
once at the highest achievable output voltage (``V'') and once at the
lowest achievable output voltage. The test procedure requires that
active-mode efficiency be measured at four loading conditions relative
to the nameplate output current of the EPS. See 10 CFR 430.23(bb) and
Appendix Z. The lowest achievable output voltage supported by the USB
Power Delivery Specification is 5V and the specified nameplate current
at this voltage output is 3 amps (``A''), resulting in a power output
of 15W. Anker contends that while the IEC 62680-1-2:2017 specification
requires the tested EPS to support this power output, the 15W at 5V
condition will be rarely used and only for brief periods of time, and
that adaptive EPSs operating at 5V do not exceed 10W for almost all
usage conditions.
Anker 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). Based on the assertions in the petition, absent an
interim waiver, the DOE test procedure would test the basic model of
adaptive EPS listed in the petition in a manner so unrepresentative of
its true energy consumption characteristics as to provide materially
inaccurate comparative data. DOE notes that it has granted waivers in
response to petitions that presented the same issue as in Anker's
petition.\4\ Consequently, it appears likely that Anker's petition for
waiver will be granted. Furthermore, DOE has determined that it is
desirable for public policy reasons to grant Anker immediate relief
pending a determination of the petition for waiver.
---------------------------------------------------------------------------
\4\ See Notice of Decision and Order Granting Individual Waivers
to Apple Inc., Microsoft Corporation, Poin2 Lab and Hefei Bitland
Information Technology Co., From the Department of Energy External
Power Supplies Test Procedure. 83 FR 11738 (March 16, 2018). See
also, Notice of Decision and Order Granting Individual Waiver to
Huawei Technologies, Co. Ltd. From the Department of Energy External
Power Supplies Test Procedure and Grant of Interim Waiver. 83 FR
25448 (June 1, 2018).
---------------------------------------------------------------------------
III. Alternate Test Procedure
As part of its waiver request, Anker seeks to use an alternate test
procedure to test and rate a specific EPS basic model that features two
USB-A non-adaptive ports, and two USB-C adaptive ports. In its
suggested alternate test procedure, Anker recommends testing the EPS by
loading both USB-A output ports at a combined power draw of 10 watts
(``W'') (i.e., 5 volts, 1 amp per USB-A port) for the 100% loading
condition, and both USB-C output ports at a combined power draw of 90W
(i.e., 20 volts, 2.25 amps per USB-C port) for the 100% loading
condition. The 75%, 50%, and 25% loading conditions would then be
scaled accordingly (i.e., 0.75 amps, 0.5 amps, 0.25 amps for each USB-A
port at 5 volts, respectively; and 1.688 amps, 1.125 amps, 0.563 amps
for each USB-C output port at 20 volts, respectively). Based on DOE's
reading of Anker's suggested alternate test procedure, this approach
would effectively require a given EPS to be tested only at the highest
nameplate output voltage.
DOE has reviewed Anker's suggested alternate test procedure and
initially finds that the suggested test procedure would also evaluate
the basic model in a manner unrepresentative of its true energy
characteristics. While DOE recognizes that testing a port that meets
the IEC 62680-1-2:2017 specification at 5V, 3A is unrepresentative of
actual field use, the petitioner's suggested method of testing an
adaptive EPS only at the highest nameplate output voltage would also be
unrepresentative of the tested device's true energy consumption.
Adaptive USB-C ports are able to operate at their stated higher
nameplate output voltages only when used in conjunction with consumer
products that are able to request the higher voltages from the EPS
using established digital communication protocols as outlined in the
IEC 62680-1-2:2017 specification. The output of these USB-C ports will
revert to the lowest voltage (i.e., 5V) when used with devices that are
incapable of such digital communication. In order for a measurement to
be representative of real-world usage, the applicable test procedure
must include measurements covering both of these use cases. Anker's
suggested alternate test procedure would fail to capture this product's
real-world energy use, which Anker admits would include the 5V
operating condition, albeit not at a current of 3 amps as specified
under IEC 62680-12:2017.
In previously granted waivers, the alternative test procedures
address issues of representativeness by testing ports that meet the IEC
62680-1-2:2017 specification at 10W (i.e., 5 volts, 2 amps) at the
lowest nameplate output voltage for the 100% loading condition, rather
than at 15W (i.e., 5 volts, 3 amps) as specified under the IEC testing
standard. The 75%, 50%, and 25% loading conditions are then scaled
accordingly. All other testing requirements, including testing at the
highest nameplate output voltage, apply as prescribed in Appendix Z.
This test method captures the efficiencies of such an EPS at both its
highest and lowest nameplate output voltages while alleviating the
problem of providing a representative measurement caused by testing
adaptive ports at 15W at the lowest nameplate output voltage. Testing
an adaptive EPS in this manner provides a more representative
assessment of its real-world behavior where the device's output voltage
depends on the functionality of the connected consumer product.
Additionally, prescribing a single test method that applies to all EPSs
meeting the IEC 62680-1-2:2017 specification ensures the comparability
of test results.
Therefore, in place of the petitioner's suggested test method, DOE
is requiring Anker to test the specified adaptive EPS at both the
highest and lowest output voltage to better account for the adaptive
nature of the EPS. Consistent with previous test procedure waivers for
the specified basic model,\5\ the adaptive ports that meet the IEC
62680-1-2:2017 specification must be tested at an output power of 10W
at the lowest nameplate output voltage, 5 volts, instead of 15W. The
loading conditions at 75%, 50%, and 25% must be scaled accordingly
(i.e., 7.5W, 5W, 2.5W, respectively). For the highest nameplate output
voltage, the specified EPS basic model must be tested according to the
current EPS test procedure provisions for multiple-
[[Page 34170]]
voltage EPSs as prescribed in section 4(b) of Appendix Z.
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\5\ See Notice of Decision and Order Granting Individual Waivers
to Apple Inc., Microsoft Corporation, Poin2 Lab and Hefei Bitland
Information Technology Co., From the Department of Energy External
Power Supplies Test Procedure. 83 FR 11738 (March 16, 2018). See
also, Notice of Decision and Order Granting Waiver to Huawei
Technologies, Co. Ltd. 83 FR 25448 (June 1, 2018).
---------------------------------------------------------------------------
IV. Summary of Grant of an Interim Waiver
DOE has reviewed Anker's petition for an interim waiver, and the
alternate test procedure requested by Anker. Upon this review and for
the reasons discussed in the prior section, DOE has initially
determined that the alternate test procedure as suggested by Anker
would not evaluate the basic model in a manner representative of its
true energy characteristics. In contrast, the alternate test procedure
specified by DOE appears to allow for the accurate measurement of the
efficiency of this product, while alleviating the testing problems
associated with Anker's implementation of EPS testing for the basic
model specified in its petition. Consequently, it appears likely that
Anker's petition for a waiver will be granted. Furthermore, DOE has
determined that it is desirable for public policy reasons to grant
Anker immediate relief pending a determination of the petition for
waiver.
For the reasons stated, DOE has issued an Order stating:
(1) Anker must test and rate Anker-branded external power supply
(``EPS'') basic model A2041 in accordance with the alternate test
procedure set forth in paragraph (2).
(2) The alternate test procedure for the Anker basic models
referenced in paragraph (1) is the test procedure for EPS prescribed by
DOE at 10 CFR part 430, subpart B, Appendix Z, except that under
section 4(a)(i)(E) and Table 1 of Appendix Z, when testing at the
lowest achievable output voltage, ports that meet the IEC 62680-1-
2:2017 specification must be tested such that the 100% nameplate
loading condition shall be 2 amps (which corresponds to an output power
of 10 watts). The 75%, 50%, and 25% loading conditions shall be scaled
accordingly and the nameplate output power of such ports, at the lowest
output voltage, shall be equal to 10 watts. All other requirements of
Appendix Z and DOE's regulations remain applicable.
(3) Representations. Anker may not make representations about the
energy efficiency of the basic models referenced in paragraph (1) for
compliance, marketing, or other purposes unless the basic model has
been tested in accordance with the provisions set forth in paragraph
(2) and such representations fairly disclose the results of such
testing.
(4) This interim waiver shall remain in effect according to the
provisions of 10 CFR 430.27.
(5) This interim waiver is issued to Anker on the condition that
the statements and representations provided by Anker are valid. DOE may
rescind or modify this waiver at any time if it determines the factual
basis underlying the petition for waiver is incorrect, or the results
from the alternate test procedure are unrepresentative of the basic
models' true energy consumption characteristics. 10 CFR 430.27(k)(1).
Likewise, Anker may request that DOE rescind or modify the interim
waiver if Anker discovers an 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).
(6) Granting of this interim waiver does not release Anker from the
certification requirements set forth at 10 CFR part 429.
DOE makes decisions on 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. Anker may submit a new or
amended petition for waiver and request for grant of interim waiver, as
appropriate, for additional basic models of central air conditioners
and heat pumps. Alternatively, if appropriate, Anker 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).
V. Request for Comments
DOE is publishing Anker's petition for waiver in its entirety as
originally submitted, pursuant to 10 CFR 430.27(b)(1)(iv). The petition
includes a suggested alternate test procedure, as specified in section
III of this document, to determine the efficiency of Anker's specified
EPS. DOE may consider including this alternate procedure in a
subsequent Decision and Order based on comments from interested
parties. However, DOE is granting an interim waiver using an alternate
test procedure different than that suggested by the petitioner
described in section IV of this document. DOE may consider including
the alternate procedure specified in the Interim Waiver Order in a
subsequent Decision and Order.
DOE invites all interested parties to submit in writing by August
16, 2019, 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 Eric Pan, Room 1318-19, Hollywood Plaza, 610 Nathan Road,
Mongkok, Kowloon, Hongkong.
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
[[Page 34171]]
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, including any personal
information provided in the comments (except information deemed to be
exempt from public disclosure).
Signed in Washington, DC, on July 10, 2019.
Alexander N. Fitzsimmons,
Acting Deputy Assistant Secretary for Energy Efficiency, Energy
Efficiency and Renewable Energy.
Petition of Anker Innovations Limited. For Waiver and Application for
Interim Waiver Interim Waiver of Test Procedure for External Power
Supplies
Anker Innovations Limited (Anker) respectfully submits this
Petition for Waiver and Application for Interim Waiverl [sic] as
related to the Department of Energy's (DOE) test procedure for external
power supplies (EPS) that Part 430, Subpart B, Appendix Z.
Anker is located at Room 1318-19, Hollywood Plaza, 610 Nathan Road,
Mongkok, Kowloon, Hongkong [sic]. Telephone number: 0755-86544807.
The EPS basic models listed in Appendix I hereto meet the criteria
for a waiver[.]
The current DOE test procedure evaluates the models in a manner
that is that is [sic] grossly unrepresentative of their actual energy
consumption characteristics in real-world usage. This situation has
already been recognized by DOE, and it has indicated a willingness to
review the situation. Anker urges that a waiver be granted that will
provide for the alternate test procedure . [sic] discussed herein,
under which lowest voltage average efficiency would be measured at 10
watts (W). This is far more representative of actual energy consumption
characteristics of the product in real-world usage than the 15W
required by the current DOE test procedure. DOE ``will grant a waiver
from the test procedure requirements'' in these circumstances.
I. Basic Models for Which a Waiver Is Requested
The basic models for which a waiver is requested are the adaptive
EPS set forth in Appendix I hereto. They are manufactured by Anker
Innovations are [sic] distributed in commerce under the Anker brand
name.
II. Need for Die [sic] Requested Waiver
Adaptive EPSs are highly beneficial products is [sic] to help
provide a standardized approach for power supply and peripheral
developers to ensure backward compatibility while retaining product
design and marketing flexibility.
Under the current DOE test procedure, average active-mode
efficiency for adaptive EPS is to be measured by testing the unit
twice--once at the highest achievable output voltage and once at the
lowest[.] Testing is to be across four load points (100%, 75%, 50%, and
25%) for each of the highest and lowest voltage levels. The average
efficiency is deemed to be the arithmetic mean of the efficiency values
calculated at the four load points. 8 [sic] The lowest achievable
output voltage supported by the basic models is 5 volts (V). They are
designed to provide a maximum power of 15W when this voltage is
selected. 15W is an element of the USB Power Delivery Specification
(standard IEC 62680-1-2:2017), which requires the product to support
15W at 5V. However, adaptive EPS do not exceed IOW for almost all
usage. 15W at 5V will only be used in rare use scenarios and only for
brief periods of time. Therefore, the DOE test procedure's evaluation
at this power level is unrepresentative of the true energy consumption
of the basic models in real-world usage.
III. Proposed Alternate Test Procedure
Anker proposed alternate test procedure, [ ] consistent with the
approved alternate test procedure to evaluate the performance of the
performance of the actual usage models. A2041 is a 100W intelligent
charger, [ ] it contains four output ports, [sic] 2 USBC ports and 2
USBA ports. So Anker think [sic] that the following combination can
better evaluate the performance of the product.
This usage mddels [sic] combination [sic] as follow:
When the USBA loading condition at [the] lowest achievable output
voltage is 2A [ ] (The UABA corresponds to output power of 10 Watts).
At the same time with the USBC loading condition at the rest of 90
watts is 4.5A at highest output voltage [ ] (20V). The product total
output power is 100 watts.
Measure at 4 points: 100%, 75%, 50%, & 25% of 100W load
points at the same time with USBA and USBC loading condition.
Take the average.
Compare results against DOE efficiency requirement at 100
watts.
[[Page 34172]]
IV. Request for Interim Waiver
Anker requests an interim waiver for its testing and rating of the
models in Appendix I. The petition for waiver is likely to be granted,
as evidenced by its merits. Without waiver relief, Anker would be
subject to requirements that clearly should not apply to such products.
And without such relief, Sales [sic] of EPS will be inhibited, to the
detriment of Anker and to users and distributors of adaptive EPS and
the products that use EPS.
Conclusion
DOE should grant Anker the requested waiver and interim waiver for
the models listed in Appendix I hereto.
Respectfully submitted,
Compliance Engineer: Eric Pan
/s/
Appendix I
The waiver and interim waiver requested herein should apply to
testing and rating of the following basic models: A2041 provided by
Anker Innovations Limited.
Appendix II
The following are manufacturers of all other basic models
distributed in commerce in the United States and known to Anker to
incorporate design characteristics similar to those found in the
basic models that are the subject of the petition for waiver:
Apple, Inc
Chicony Power Technology
Chrontel, Inc
Dell
HONOR ELECTRONIC CO. LTD
Huntkey
Ever Win International Corp.
Griffin Technology LLC
LG Electronics USA, Inc
Lite on
Lucent Trans Electronics Co., Ltd.
Mobileconn Technology Co., Ltd.
Phihong Technology Co., Ltd.
Poin2 Lab.
Renesas Electronics Corp.
Salcomp Pie
Samsung
STMicroelectronics
Superior Communications
Texas Instruments
Ventev Mobile
Weltrend Semiconductor
Xentris Wireless
[FR Doc. 2019-15204 Filed 7-16-19; 8:45 am]
BILLING CODE 6450-01-P
