[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]


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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.

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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 http://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: http://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]]

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 disclosure, may not be publicly available.
    The docket web page can be found at http://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 http://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))
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    \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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    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).
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    \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: http://www.regulations.gov/docket?D=EERE-2019-BT-WAV-0010.

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[[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.
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    \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).
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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).
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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 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

[[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