[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]


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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.

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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 http://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: http://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 http://www.regulations.gov. All documents in the docket are 
listed in the http://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 http://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 http://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)).
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    \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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    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).
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    \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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    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.
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    \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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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.
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    \6\ Huawei did not claim that any portion of its petition 
contained confidential business information.
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    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 http://www.regulations.gov. The http://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 http://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 http://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 http://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 http://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 http://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\
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    \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 http://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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    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\
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    \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.
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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\
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    \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.
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    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., 
http://www.usb.org/kcomplianceview/CertifiedUSBPowerBricks.pdf
[FR Doc. 2018-05939 Filed 3-22-18; 8:45 am]
 BILLING CODE 6450-01-P