[Federal Register Volume 83, Number 228 (Tuesday, November 27, 2018)]
[Notices]
[Pages 60830-60832]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-25837]


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DEPARTMENT OF ENERGY

[Case Number 2018-010, EERE-2017-BT-WAV-0043]


Energy Conservation Program: Extension of Waiver to Apple Inc. 
from the Department of Energy External Power Supply Test Procedure

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

ACTION: Notice of extension of waiver.

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SUMMARY: The U.S. Department of Energy (``DOE'') is granting a waiver 
extension (Case No. 2018-010) to Apple Inc. (``Apple'') to waive 
certain requirements of the DOE external power supply test procedure 
for determining the energy efficiency of the Apple brand external power 
supply basic models A1947 and A1720. Apple is required to test and rate 
these basic models in accordance with the alternate test procedure 
specified.

DATES: The Extension of Waiver is effective on November 27, 2018. The 
Extension of Waiver will terminate upon the compliance date of any 
future amendment to the test procedure for external power supplies 
located in 10 CFR part 430, subpart B, appendix Z that addresses the 
issues presented in this waiver. At such time, Apple must use the 
relevant test procedure for the specified basic models of external 
power supplies for any testing to demonstrate compliance with 
standards, and any other representations of energy use.

FOR FURTHER INFORMATION CONTACT: Ms. Lucy deButts, U.S. Department of 
Energy, Office of Energy Efficiency and Renewable Energy, Building 
Technologies Office, 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: In accordance with Title 10 of the Code of 
Federal Regulations (10 CFR 430.27(g)), DOE gives notice of the 
issuance of an Extension of Waiver as set forth below. The Extension of 
Waiver extends the Decision and Order granted to Apple on March 16, 
2018 (83 FR 11738, ``March 2018 Decision and Order'') to include Apple 
brand basic models A1947 and A1720, as requested by Apple on October 
30, 2018.\1\ Apple must test and rate the specifically identified 
external power supply basic models in accordance with the alternate 
test procedure specified in the March 2018 Decision and Order. Apple's 
representations concerning the energy efficiency of the specified basic 
models must be based on testing according to the provisions and 
restrictions in the alternate test procedure set forth in the March 
2018 Decision and Order, and the representations must fairly disclose 
the test results. Distributors, retailers, and private labelers are 
held to the same requirements when making representations regarding the 
energy efficiency of these products. (42 U.S.C. 6293(c)).
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    \1\ Apple's request is available at https://www.regulations.gov/document?D=EERE-2017-BT-WAV-0043-0013.
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    DOE makes decisions on waiver extensions for only those basic 
models specifically set out in the request, not future models that may 
be manufactured by the petitioner. Apple may submit a new or amended 
petition for waiver and request for grant of interim waiver, as 
appropriate, for additional basic models of external power supplies. 
Alternatively, if appropriate, Apple may request that DOE extend the 
scope of a 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).

    Signed in Washington, DC, on November 15, 2018.

Kathleen B. Hogan,
Deputy Assistant Secretary for Energy Efficiency, Energy Efficiency and 
Renewable Energy.

Case Number 2018-010, Extension of Waiver

I. Background and Authority

    The Energy Policy and Conservation Act of 1975, as amended 
(``EPCA'') \1\ among other things, authorizes 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 external power supplies (``EPSs''), the focus of this 
extension. (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 redesignated as 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 EPCA 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 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

[[Page 60831]]

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 
external power supplies is contained in 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 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.
    A petitioner 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. 10 
CFR 430.27(g). DOE will publish any such extension in the Federal 
Register. Id.

II. Request for an Extension of Waiver: Assertions and Determinations

    On March 16, 2018, DOE issued a Decision and Order in Case Number 
EPS-001 granting Apple a waiver to test its Apple brand basic models 
A1718, A1719, and A1540 using an alternate test procedure. 83 FR 11738 
(``March 2018 Decision and Order''). Apple stated that the specified 
basic models 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. The IEC specification describes the particular 
architecture, protocols, power supply behavior, connectors, and cabling 
necessary for managing power delivery over a universal serial bus 
(``USB'') connection at power levels of up to 100 watts (``W''). The 
purpose behind this specification is to help provide a standardized 
approach for power supply and peripheral developers to ensure backward 
compatibility while retaining product design and marketing flexibility. 
See generally, IEC 62680-1-2:2017 (Abstract) (describing the standard's 
general provisions and purpose).
    In Apple's view, applying the DOE test procedure to the adaptive 
EPS basic models identified in its petition 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 \3\ be measured by testing the unit 
twice--once at the highest achievable output voltage (``V'') and once 
at the lowest. The test procedure requires that active-mode efficiency 
be measured at four loading conditions relative to the nameplate output 
current of the EPS. See generally 10 CFR 430.23(bb) and 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 15W. Apple contended 
that while the IEC 62680-1-2:2017 specification requires the tested EPS 
to support this power output, the 15W at 5V condition will be rarely 
used and only for brief periods of time. Accordingly, Apple asserted 
that the DOE test procedure's measurement of efficiency at this power 
level is unrepresentative of the true energy consumption of the EPSs 
subject to the initial waiver request.
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    \3\ An adaptive EPS is an EPS that can alter its output voltage 
during active-mode based on an established digital communication 
protocol with the end-use application without user-generated action. 
10 CFR 430.2.
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    Based on the information provided by Apple, DOE determined that the 
current test procedure at Appendix Z would evaluate the adaptive EPS 
basic models specified in the March 2018 Decision and Order in a manner 
so unrepresentative of their true energy consumption characteristics as 
to provide materially inaccurate comparative data. 83 FR 11738, 11739. 
The March 2018 Decision and Order specifies that Apple test and rate 
the subject basic models such that the 100% nameplate loading condition 
when testing at the lowest achievable output voltage is 2A (which 
corresponds to an output power of 10 watts). 83 FR 11738, 11740. 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. Id.
    On October 10, 2018, DOE granted a request from Apple to extend the 
waiver it received in Case Number EPS-001 to Apple brand basic model 
A1882. 83 FR 50905 (Case Number 2018-005). DOE determined that basis 
model A1882 employs the same technology as the models covered by Case 
Number EPS-001.
    On October 30, 2018, Apple submitted a request to extend again the 
scope of the waiver it received in Case Number EPS-001 to the Apple 
brand basic models A1947 and A1720. Apple stated that these basic 
models employ the same technology as the models covered by the existing 
waiver.
    DOE has reviewed Apple's waiver extension request and determined 
that the adaptive EPS basic models identified in Apple's request 
incorporate the same design characteristics as those basic models 
covered under the waiver in Case Number EPS-001 such that the test 
procedure evaluates that basic model in a manner that is 
unrepresentative of its actual energy use. DOE also determined that the 
alternate procedure specified in Case Number EPS-001 will allow for the 
accurate measurement of the energy use of the external power supply 
basic model identified by Apple in its waiver extension request.

III. Order

    After careful consideration of all the material submitted by Apple 
in this matter, it is ordered that:
    (1) Apple must, as of the date of publication of this Extension of 
Waiver in the Federal Register, test and rate the following basic 
models as set forth in paragraph (2) of this Extension of Waiver:

A1947 and A1720

    (2) The alternate test procedure for the Apple brand basic models 
referenced in paragraph (1) of this section 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, the 
adaptive EPSs must be tested such that when testing at the lowest 
achievable output voltage (i.e., 5V), the Nameplate Output Current 
shall be 2A (which corresponds to an output power of 10W at the 100% 
loading condition). 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 10W.
    (3) Representations. Apple may not make representations about the 
efficiency of the basic models referenced in paragraph (1) of this 
section for compliance, marketing, or other purposes unless the basic 
model has been tested in accordance with the provisions set forth above 
and such

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representations fairly disclose the results of such testing.
    (4) This Extension of Waiver shall remain in effect consistent with 
the provisions of 10 CFR 430.27.
    (5) This Extension of Waiver is issued on the condition that the 
statements, representations, and documents provided by Apple are valid. 
If Apple makes any modifications to the controls or configurations of 
these basic models, the waiver will no longer be valid and Apple will 
either be required to use the current Federal test method or submit a 
new application for a test procedure waiver. DOE may rescind or modify 
this Extension of Waiver at any time if it determines the factual basis 
underlying the petition for Extension of Waiver is incorrect, or the 
results from the alternate test procedure are unrepresentative of the 
basic model's true energy consumption characteristics. 10 CFR 
430.27(k)(1). Likewise, Apple may request that DOE rescind or modify 
the Extension of Waiver if Apple discovers an error in the information 
provided to DOE as part of its petition, determines that the waiver is 
no longer needed, or for other appropriate reasons. 10 CFR 
430.27(k)(2).
    (6) Granting of this Extension of Waiver does not release Apple 
from the certification requirements set forth at 10 CFR part 429.

    Signed in Washington, DC, on November 15, 2018.

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Kathleen B. Hogan,
Deputy Assistant Secretary for Energy Efficiency, Energy Efficiency 
and Renewable Energy.

[FR Doc. 2018-25837 Filed 11-26-18; 8:45 am]
 BILLING CODE 6450-01-P