[Federal Register Volume 81, Number 62 (Thursday, March 31, 2016)]
[Notices]
[Pages 18608-18609]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-07281]


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

DEPARTMENT OF ENERGY

Office of Energy Efficiency and Renewable Energy

[Docket Number: EERE-2016-BT-STD-0013]


Notice of Application From Green Electronics for a Small Business 
Exemption Regarding Certain Products From the Department of Energy's 
External Power Supply Energy Conservation Standards

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

ACTION: Notice of application for exemption and request for comment.

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

SUMMARY: This notice announces receipt of and publishes an application 
submitted by Green Electronics for a small business exemption from the 
U.S. Department of Energy's (DOE) energy conservation standards for 
direct operation external power supplies (application) pertaining to 
certain basic models imported by Green Electronics. Specifically, the 
application requests a one-year exemption from compliance with the 
standard beginning on February 10, 2016, the compliance date for such 
standard. DOE is publishing the non-confidential portion of Green 
Electronics' application and soliciting comments, data, and information 
concerning Green Electronics' application.

DATES: DOE will accept comments, data, and information until May 31, 
2016.

ADDRESSES: You may submit comments, identified by docket/case number, 
by any of the following methods:
     Federal eRulemaking Portal: http://www.regulations.gov. 
Follow the instructions for submitting comments.
     Email: [email protected]. 
Include ``docket/case number'' in the subject line of the message.
     Mail: Ms. Brenda Edwards, U.S. Department of Energy, 
Building Technologies Office, Mailstop EE-5B, 1000 Independence Avenue 
SW., Washington, DC 20585-0121. Telephone: (202) 586-2945. Please 
submit one signed original paper copy.
     Hand Delivery/Courier: Ms. Brenda Edwards, U.S. Department 
of Energy, Building Technologies Office, 950 L'Enfant Plaza SW., Suite 
600, Washington, DC 20024. Please submit one signed original paper 
copy.

FOR FURTHER INFORMATION CONTACT: Ms. Ashley Armstrong, U.S. Department 
of Energy, Building Technologies Office, Mail Stop EE-5B, Forrestal 
Building, 1000 Independence Avenue SW., Washington, DC 20585-0121. 
Telephone: (202) 586-0371. 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

    Title III of the Energy Policy and Conservation Act of 1975 (42 
U.S.C. 6291, et seq.; ``EPCA'' or, in context, ``the Act'') sets forth 
a variety of provisions designed to improve energy efficiency. (All 
references to EPCA refer to the statute as amended through the Energy 
Efficiency Improvement Act of 2015--Pub. L. 114-11 (April 30, 2015).) 
Part B of title III, which for editorial reasons was re-designated as 
Part A upon incorporation into the U.S. Code (42 U.S.C. 6291-6309, as 
codified), establishes the ``Energy Conservation Program for Consumer 
Products Other Than Automobiles.'' External power supplies are among 
the products affected by these provisions.
    Under EPCA, the energy conservation program consists essentially of 
four parts: (1) Testing, (2) labeling, (3) Federal energy conservation 
standards, and (4) certification and enforcement procedures. The 
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 under EPCA, and (2) making representations about the efficiency 
of those products. Similarly, DOE must use these test procedures to 
determine whether the products comply with any relevant standards 
promulgated under EPCA.
    Consistent with EPCA, DOE has undertaken several rulemakings 
concerning external power supplies (``EPSs''). Specifically, DOE issued 
a final rule on March 27, 2009, that defined and added terms and 
definitions relevant to EPSs to 10 CFR part 430, subpart B, Appendix Z 
(hereafter referred to as Appendix Z). See 74 FR 13318. In June 2011, 
DOE further amended Appendix Z by adding a test method for multiple-
voltage EPSs. 76 FR 31750 (June 1, 2011). In addition to the test 
procedure rulemaking activities, DOE undertook a rulemaking to 
establish energy conservation standards for EPSs. After releasing a 
preliminary analysis and issuing a notice of proposed rulemaking, DOE 
published a final rule (hereafter referred to as 2014 standards 
rulemaking) prescribing new standards for some non-Class A EPSs and 
amended standards for some Class A EPSs. See 79 FR 7845 (Feb. 10, 
2014). As part of this rulemaking, DOE established new definitions for 
direct operation EPSs and indirect operation EPSs in 10 CFR 430.2. 
Direct operation EPSs, regardless of whether they are Class A or non-
Class A EPSs, are subject to more stringent standards than the 
statutorily-prescribed Level IV standard requirements. The standards 
for direct operation EPSs are identified via a Level VI marking per 10 
CFR 430.32(w)(4) and are hereafter referred to as Level VI standards in 
this document. DOE did not establish any standards for indirect 
operation EPSs. However, indirect operation EPSs that meet the 
definition of a Class A EPS, are required to meet the statutory Level 
IV standards already established in EPCA. While the Level IV standards 
have been

[[Page 18609]]

in effect since July 1, 2008, as of February 10, 2016, all newly-
manufactured or imported direct operation EPSs must comply with the new 
Level VI standards.\1\
---------------------------------------------------------------------------

    \1\ Generally, a covered product must comply with the relevant 
standard in effect as of the date the product is manufactured. For 
products imported into the U.S., this is the date of importation. 
See 42 U.S.C. 6291(10) (``The term `manufacture' means to 
manufacture, produce, assemble or import.'')
---------------------------------------------------------------------------

II. Application for Exemption

    Green Electronics submitted its application requesting a one-year 
small business exception for specified models of Smart Irrigation 
Appliance products that use an AC-AC External Power supply (11OV to 
24VAC 750mA), part number HELMS-MAN; UA5420240075G. This adapter is a 
class IV linear transformer and cannot comply with the no load power 
consumption as required by the February 10, 2016, direct operation 
standards. These irrigation devices are used to conserve water and are 
tested to meet EPA's Federal WaterSense certification program.
    Green Electronics is asking for an exemption from the current EPS 
energy conservation standard on the basis of its status as a small 
business. According to Green Electronics, failure to receive a small 
business exemption will result in lessening of competition in the 
market for irrigation controllers.
    Under 42 U.S.C. 6295(t), DOE may grant an exemption from an 
applicable energy conservation standard to a manufacturer if DOE finds 
that the annual gross revenues of such manufacturer from all its 
operations (including the manufacture and sale of covered products) 
does not exceed $8,000,000 for the 12-month period preceding the date 
of the application. In making this finding, DOE must account for the 
annual gross revenues of any other person who controls, is controlled 
by, or is under common control with, such manufacturer. The Secretary 
may not grant an exemption with respect to any type (or class) of 
covered product subject to an energy conservation standard unless the 
Secretary makes a finding, after obtaining the written views of the 
Attorney General, that a failure to allow an exemption would likely 
result in a lessening of competition.

IV. Summary and Request for Comments

    DOE announces receipt of Green Electronics' application for a small 
business exemption of certain products from the energy conservation 
standards that apply to external power supplies. DOE is publishing 
Green Electronics' application for exemption in its entirety.
    DOE solicits comments from interested parties on all aspects of the 
application. Any person submitting written comments must also send a 
copy of such comments to the applicant. The contact information for the 
applicant is: Andrei Bulucea, CTO, Green Electronics LLC, 47801 Fremont 
Boulevard, Fremont, California 94538. All submissions received must 
include the agency name and case number for this proceeding. Submit 
electronic comments in WordPerfect, Microsoft Word, Portable Document 
Format (PDF), or text (American Standard Code for Information 
Interchange (ASCII)) file format and avoid the use of special 
characters or any form of encryption. Wherever possible, include the 
electronic signature of the author. DOE does not accept telefacsimiles 
(faxes).
    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 two copies: One copy of the document including 
all the information believed to be confidential, and one copy of the 
document with the information believed to be confidential deleted. DOE 
will make its own determination about the confidential status of the 
information and treat it according to its determination.

    Issued in Washington, DC, on March 24, 2016.
Kathleen B. Hogan,
Deputy Assistant Secretary for Energy Efficiency, Energy Efficiency and 
Renewable Energy.

From: Andrei Bulucea,
CTO
Green Electronics LLC
47801 Fremont Bvd
Fremont, CA 94588
Tel: 510-304-3262

To: U.S. Department of Energy
Small Business Exemption
Appliance Efficiency Standards
Assistant Secretary for Conservation and Renewable Energy,
Forrestal Building
1000 Independence Avenue SW.,
Washington, DC 20585.


    We are requesting a 1 year exemption for our Irrigation appliance 
product that is using an AC-AC External Power supply (11OV to 24VAC 
750mA), part number HELMS-MAN; UA5420240075G. This adapter is a class 
IV linear transformer no load power consumption as required by Level VI 
regulatory framework.
    This external AC-AC adapter is used to power our Smart Irrigation 
Appliance that in turn actuate irrigation valves that require 24VAC. 
More info about our products can be found at www.rainmachine.com
    NOTE: These devices are primarily used to conserve water and they 
are tested to meet EPA's Federal WaterSense certification program.
    We are asking for an exemption from this energy conservation 
standard based on the fact that our business is generating less than 
$8M/year in operations. We are attaching necessary documentation about 
our company, Green Electronics LLC.
    Failure to get this exemption will result in lessening of 
competition in our field of irrigation controllers.
    We are the manufacturer of our Irrigation appliances and we do not 
control or are being controlled by, or we are under common control with 
another manufacturer or manufacturing entity.
    Thank you for your consideration,

Andrei Bulucea
CTO, Green Electronics

[FR Doc. 2016-07281 Filed 3-30-16; 8:45 am]
BILLING CODE 6450-01-P