[Federal Register Volume 88, Number 3 (Thursday, January 5, 2023)]
[Proposed Rules]
[Pages 790-805]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-27881]
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Proposed Rules
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains notices to the public of
the proposed issuance of rules and regulations. The purpose of these
notices is to give interested persons an opportunity to participate in
the rule making prior to the adoption of the final rules.
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Federal Register / Vol. 88, No. 3 / Thursday, January 5, 2023 /
Proposed Rules
[[Page 790]]
DEPARTMENT OF ENERGY
10 CFR Part 430
[EERE-2022-BT-TP-0005]
RIN 1904-AF11
Energy Conservation Program: Test Procedure for Uninterruptible
Power Supplies
AGENCY: Office of Energy Efficiency and Renewable Energy, Department of
Energy.
ACTION: Notice of proposed rulemaking and announcement of public
meeting.
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SUMMARY: The U.S. Department of Energy (``DOE'') proposes to amend its
test procedure for uninterruptible power supplies (``UPSs'') to
consider the latest revision of the industry standard that is
incorporated by reference and to provide an optional test method for
measuring power consumption of a UPS at no-load conditions. DOE is
seeking comment from interested parties on the proposal.
DATES: DOE will accept comments, data, and information regarding this
proposal no later than March 6, 2023. See section V, ``Public
Participation,'' for details.
DOE will hold a public meeting via webinar on Thursday, February 2,
2023, from 1:00 p.m. to 4:00 p.m. See section V, ``Public
Participation,'' for webinar registration information, participant
instructions, and information about the capabilities available to
webinar participants.
Interested persons are encouraged to submit comments using the
Federal eRulemaking Portal at www.regulations.gov under docket number
EERE-2022-BT-TP-0005. Follow the instructions for submitting comments.
Alternatively, interested persons may submit comments, identified by
docket number EERE-2022-BT-TP-0005, by any of the following methods:
Email: [email protected]. Include the docket number EERE-
2022-BT-TP-0005 in the subject line of the message.
Postal Mail: Appliance and Equipment Standards Program, U.S.
Department of Energy, Building Technologies Office, Mailstop EE-5B,
1000 Independence Avenue SW, Washington, DC 20585-0121. Telephone:
(202) 287-1445. 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 a CD, in which case it is not
necessary to include printed copies.
No telefacsimiles (``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 for this activity, which includes Federal
Register notices, public meeting attendee lists and transcripts (if a
public meeting is held), comments, and other supporting documents/
materials, is available for review at www.regulations.gov. All
documents in the docket are listed in the www.regulations.gov index.
However, not all documents listed in the index may be publicly
available, such as information that is exempt from public disclosure.
The docket web page can be found at www.regulations.gov/docket/EERE-2022-BT-TP-0005. The docket web page contains instructions on how
to access all documents, including public comments, in the docket. See
section [V] for information on how to submit comments through
www.regulations.gov.
FOR FURTHER INFORMATION CONTACT:
Mr. Jeremy Dommu, U.S. Department of Energy, Office of Energy
Efficiency and Renewable Energy, Building Technologies Office, EE-2J,
1000 Independence Avenue SW, Washington, DC 20585-0121. Telephone:
(202) 586-9870. Email [email protected].
Ms. Kristin Koernig, U.S. Department of Energy, Office of the
General Counsel, GC-33, 1000 Independence Avenue SW, Washington, DC
20585-0121. Telephone: (202) 586-3593. Email:
[email protected].
For further information on how to submit a comment, review other
public comments and the docket, or participate in a public meeting,
contact the Appliance and Equipment Standards Program staff at (202)
287-1445 or by email: [email protected].
SUPPLEMENTARY INFORMATION: DOE proposes to incorporate by reference the
following industry standard into 10 CFR part 430:
IEC 62040-3, ``Uninterruptible power systems (UPS)--Part 3: Method of
specifying the performance and test requirements,'' Edition 3.0,
copyright April 2021
Copies of IEC 62040-3 Ed. 3.0 are available from the International
Electrotechnical Commission, 3 Rue de Varembe, Case Postale 131, 1211
Geneva 20, Switzerland; webstore.iec.ch.
For a further discussion of this standard, see section IV.M of this
document.
Table of Contents
I. Authority and Background
A. Authority
B. Background
II. Synopsis of the Notice of Proposed Rulemaking
III. Discussion
A. Scope of Applicability
B. Definitions
C. Updates to Industry Standards
D. Loading Conditions
E. No-Load Test
F. Reference Test Load
G. Error Corrections
H. Test Procedure Costs and Harmonization
1. Test Procedure Costs and Impact
2. Harmonization With Industry Standards
I. Compliance Date
IV. Procedural Issues and Regulatory Review
A. Review Under Executive Orders 12866 and 13563
B. Review Under the Regulatory Flexibility Act
C. Review Under the Paperwork Reduction Act of 1995
D. Review Under the National Environmental Policy Act of 1969
E. Review Under Executive Order 13132
F. Review Under Executive Order 12988
G. Review Under the Unfunded Mandates Reform Act of 1995
H. Review Under the Treasury and General Government
Appropriations Act, 1999
I. Review Under Executive Order 12630
J. Review Under Treasury and General Government Appropriations
Act, 2001
K. Review Under Executive Order 13211
L. Review Under Section 32 of the Federal Energy Administration
Act of 1974
[[Page 791]]
M. Description of Materials Incorporated by Reference
V. Public Participation
A. Participation in the Webinar
B. Procedure for Submitting Prepared General Statements for
Distribution
C. Conduct of the Webinar
D. Submission of Comments
E. Issues on Which DOE Seeks Comment
VI. Approval of the Office of the Secretary
I. Authority and Background
UPSs are a class of battery chargers and fall among the consumer
products for which DOE is authorized to establish and amend energy
conservation standards and test procedures. (42 U.S.C. 6295(u)) DOE's
energy conservation standards and test procedure for UPSs are currently
prescribed at title 10 of the Code of Federal Regulations (``CFR''),
part 430 section 32(z)(3); and 10 CFR part 430, subpart B, appendix Y
(``appendix Y'') and appendix Y1 (``appendix Y1''). The following
sections discuss DOE's authority to establish a test procedure for UPSs
and relevant background information regarding DOE's consideration of
the test procedure for this product.
A. Authority
The Energy Policy and Conservation Act, Public Law 94-163, as
amended (``EPCA''),\1\ authorizes DOE to regulate the energy efficiency
of a number of consumer products and certain industrial equipment. (42
U.S.C. 6291-6317) Title III, Part B of EPCA \2\ established the Energy
Conservation Program for Consumer Products Other Than Automobiles,
which sets forth a variety of provisions designed to improve energy
efficiency. These products include UPSs, the subject of this document.
(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 Energy Act of 2020, Public Law 116-260 (Dec.
27, 2020), which reflect the last statutory amendments that impact
Parts A and A-1 of EPCA.
\2\ For editorial reasons, upon codification in the U.S. Code,
Part B was redesignated Part A.
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The energy conservation program under EPCA consists essentially of
four parts: (1) testing, (2) labeling, (3) Federal energy conservation
standards, and (4) certification and enforcement procedures. Relevant
provisions of EPCA specifically include definitions (42 U.S.C. 6291),
test procedures (42 U.S.C. 6293), labeling provisions (42 U.S.C. 6294),
energy conservation standards (42 U.S.C. 6295), 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 other representations about the efficiency of those
consumer products (42 U.S.C. 6293(c)). Similarly, DOE must use these
test procedures to determine whether the products comply with relevant
standards promulgated under EPCA. (42 U.S.C. 6295(s))
Federal energy efficiency requirements for covered products
established under EPCA generally supersede State laws and regulations
concerning energy conservation testing, labeling, and standards. (42
U.S.C. 6297) DOE may, however, grant waivers of Federal preemption for
particular State laws or regulations, in accordance with the procedures
and other provisions of EPCA. (42 U.S.C. 6297(d))
Under 42 U.S.C. 6293, EPCA sets forth the criteria and procedures
DOE must follow when prescribing or amending test procedures for
covered products. EPCA requires that any test procedures prescribed or
amended under this section be reasonably designed to produce test
results which measure energy efficiency, energy use or estimated annual
operating cost of a covered product during a representative average use
cycle or period of use, and not be unduly burdensome to conduct. (42
U.S.C. 6293(b)(3))
EPCA also requires that, at least once every seven years, DOE
evaluate test procedures for each type of covered product, including
UPSs, to determine whether amended test procedures would more
accurately or fully comply with the requirements for the test
procedures to not be unduly burdensome to conduct and be reasonably
designed to produce test results that reflect energy efficiency, energy
use, and estimated operating costs during a representative average use
cycle or period of use. (42 U.S.C. 6293(b)(1)(A))
If the Secretary determines, on her own behalf or in response to a
petition by any interested person, that a test procedure should be
prescribed or amended, the Secretary shall promptly publish in the
Federal Register the proposed test procedure and afford interested
persons an opportunity to present oral and written data, views, and
arguments with respect to such procedure. The comment period on a
proposed rule to amend a test procedure shall be at least 60 days and
may not exceed 270 days. In prescribing or amending a test procedure,
the Secretary shall take into account such information as the Secretary
determines relevant to such procedure, including technological
developments relating to energy use or energy efficiency of the type
(or class) of covered products involved. (42 U.S.C. 6293(b)(2)). If DOE
determines that test procedure revisions are not appropriate, DOE must
publish its determination not to amend the test procedure. (42 U.S.C.
6293(b)(1)(A)(ii))
In addition, EPCA requires that DOE amend its test procedures for
all covered products to integrate measures of standby mode and off mode
energy consumption. (42 U.S.C. 6295(gg)(2)(A)). Standby mode and off
mode energy consumption must be incorporated into the overall energy
efficiency, energy consumption, or other energy descriptor for each
covered product unless the current test procedures already account for
and incorporate standby and off mode energy consumption or such
integration is technically infeasible. If an integrated test procedure
is technically infeasible, DOE must prescribe a separate standby mode
and off mode energy use test procedure for the covered product, if
technically feasible. (42 U.S.C. 6295(gg)(2)(A)(ii)). Any such
amendment must consider the most current versions of the International
Electrotechnical Commission (IEC) Standard 62301 \3\ and IEC Standard
62087 \4\ as applicable. (42 U.S.C. 6295(gg)(2)(A))
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\3\ IEC 62301, Household electrical appliances--Measurement of
standby power (Edition 2.0, 2011-01).
\4\ IEC 62087, Audio, video and related equipment--Methods of
measurement for power consumption (Edition 1.0, Parts 1-6: 2015,
Part 7: 2018).
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DOE is publishing this notice of proposed rulemaking (``NOPR'') in
satisfaction of the 7-year review requirement specified in EPCA. (42
U.S.C. 6293(b)(1)(A))
B. Background
On December 12, 2016, DOE amended its battery charger test
procedure by publishing a final rule in the Federal Register that added
a discrete test procedure for UPSs. 81 FR 89806 (``December 2016 Final
Rule''). The December 2016 Final Rule incorporated by reference
specific sections of the relevant industry standard for UPSs, with
additional instructions, into the current battery charger test
procedure published at appendix Y. 81 FR 89806, 89810.
On September 8, 2022, DOE published a final rule in the Federal
Register amending the existing test procedure at appendix Y for battery
chargers and creating a new test procedure at appendix Y1 that
[[Page 792]]
expanded the scope of the battery charger test method to include open
placement and fixed-position wireless battery chargers and established
separate metrics for active mode, standby mode, and off mode for all
battery chargers other than UPSs. 87 FR 55090 (``September 2022 Final
Rule''). Manufacturers will be required to continue to use the amended
test procedure in appendix Y until the compliance date of any new final
rule establishing amended energy conservation standards based on the
newly established test procedure in appendix Y1. 87 FR 55090, 55122. At
such time that DOE establishes new standards for battery chargers other
than UPSs using these new metrics, manufacturers would no longer use
appendix Y and instead would be required to determine compliance using
the updated test procedure at Y1. Id. at 87 FR 55125. That final rule
also replicated all aspects of testing UPSs from appendix Y to appendix
Y1, ensuring that instructions for all battery chargers are
consolidated in one location. Id. at 87 FR 55125-55132.
On February 2, 2022, DOE initiated a rulemaking process to consider
amendments to the UPS test procedure by publishing in the Federal
Register a request for information (``RFI'') seeking data and
information regarding the existing DOE test procedure for UPSs
(``February 2022 RFI''). 87 FR 5742. On May 11, 2022, DOE issued a
correcting amendment to address an error in describing input dependency
modes in the regulatory text as it appeared in the December 2016 Final
Rule. 87 FR 28755.
DOE received comments in response to the February 2022 RFI from the
interested parties listed in Table I.1.
Table I.1--List of Commenters With Written Submissions in Response to the February 2022 RFI
----------------------------------------------------------------------------------------------------------------
Comment No. in
Commenter(s) Reference in this NOPR the docket Commenter type
----------------------------------------------------------------------------------------------------------------
National Electrical Manufacturers NEMA...................... 2 Trade Association.
Association.
Appliance Standards Awareness Project, Joint Commenters.......... 3 Efficiency Organizations.
American Council for an Energy-
Efficient Economy, Natural Resources
Defense Council, New York State Energy
Research and Development Authority.
Pacific Gas and Electric Company, San CA IOUs................... 4 Utility Association.
Diego Gas & Electric Company, Southern
California Edison; collectively, the
California Investor-Owned Utilities.
Northwest Energy Efficiency Alliance.... NEEA...................... 5 Efficiency Organization.
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A parenthetical reference at the end of a comment quotation or
paraphrase provides the location of the item in the public record.\5\
II. Synopsis of the Notice of Proposed Rulemaking
In this NOPR, DOE proposes to amend appendices Y and Y1 as follows:
(1) Incorporate by reference the current revision to the applicable
industry standard--IEC 62040-3 Ed. 3.0, ``Uninterruptible power systems
(UPS)--Part 3: Method of specifying the performance and test
requirements''--to reflect redesignated subsections in the latest
version of that standard.
(2) Provide an optional test method for measuring the power
consumption of UPSs at no-load conditions.
DOE's proposed actions are summarized in Table II.1 compared to the
current test procedure, with the reason for the proposed change also
provided.
Table II.1--Summary of Changes in Proposed Test Procedure Relative to
Current Test Procedure
------------------------------------------------------------------------
Proposed test
Current DOE test procedure procedure Attribution
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References IEC 62040-3 Ed. 2.0.. Updates each To harmonize with
reference to IEC the latest
62040-3 Ed. 3.0. industry
standard.
Provides definitions for UPS, Harmonizes DOE To harmonize with
total harmonic distortion, and definitions with the latest
certain types of UPSs that definitions of industry
differ non-substantively from UPS provided in standard.
the definitions in IEC 62040-3 IEC 62040-3 Ed.
Ed. 3.0. 3.0.
Does not provide a method for Incorporates the To respond to
testing the power consumption no-load test from comments received
of UPSs at no-load conditions. Annex J of IEC on the February
62040-3, Ed. 3.0 2022 RFI.
as an optional
test method for
voluntary
representations
of no-load power
consumption.
------------------------------------------------------------------------
Discussion of DOE's proposed actions are addressed in detail in
section III of this NOPR.
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\5\ The parenthetical reference provides a reference for
information located in the docket of DOE's rulemaking to develop a
test procedure for UPSs. (Docket NO. EERE-2022-BT-TP-0005, which is
maintained at www.regulations.gov). The references are arranged as
follows: (commenter name, comment docket ID number, page of that
document).
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III. Discussion
In the following sections, DOE proposes certain amendments to its
test procedure for UPSs. For each proposed amendment, DOE provides
relevant background information, explains why the amendment merits
consideration, discusses relevant public comments, and proposes a
potential approach.
A. Scope of Applicability
The scope of the current test procedure at appendices Y and Y1, as
applicable to UPSs, covers UPSs \6\ that utilize the standardized
National
[[Page 793]]
Electrical Manufacturer Association (``NEMA'') plug, 1-15P or 5-15P,\7\
and have an alternating current (``AC'') output. Appendices Y and Y1,
section 1.
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\6\ As discussed further in section III.B of this document, DOE
defines a UPS as a battery charger consisting of a combination of
convertors, switches, and energy storage devices (such as
batteries), constituting a power system for maintaining continuity
of load power in case of input power failure. Appendices Y and Y1,
section 2.27.
\7\ Plug designations are as specified in American National
Standards Institute (``ANSI'')/NEMA WD 6-2016, incorporated by
reference at 10 CFR 430.2.
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In the February 2022 RFI, DOE sought comment on whether the scope
of the test procedure as it pertains to UPSs is still appropriate or
whether DOE should consider any changes in scope. 87 FR 5742, 5744.
NEMA commented that it did not see any need for changes to the UPS
test procedure with regards to scope. (NEMA, No. 2 at p. 2)
Conversely, the Joint Commenters recommended that DOE investigate
opportunities to expand the scope of the UPS test procedure to cover
back-up battery chargers such as portable power systems. (Joint
Commenters, No. 3 at p. 1) The Joint Commenters stated that portable
power systems are an emerging class of products that are becoming
increasingly common for homes given the need for back-up power in
climate emergencies and power outage situations. (Id.) The Joint
Commenters encouraged DOE to consider incorporating such products into
the scope of the test procedure given the substantial potential for
growth of these products in the market. (Id.)
NEEA similarly encouraged DOE to expand the scope of the battery
charger test procedure to include portable power stations that utilize
batteries and to test them using the appendix Y battery charger test
instructions. (NEEA, No. 5 at p. 7) NEEA stated that its research
reveals that consumer portable power stations are experiencing rapid
market adoption. (Id.) NEEA provided examples of products with a range
of battery capacities and charge with a home wall outlet. (Id.) NEEA
described the primary consumer use for such products as providing
emergency home power--which NEEA asserted is a growing need due to the
increased frequency of electrical power outages associated with extreme
weather conditions--as well as outdoor recreation applications. (Id. at
p. 8) NEEA stated that consumer portable power systems appear to be
excluded by DOE's current test procedure, given that they are not
strictly UPSs and may be considered within the definition of ``backup
battery chargers,'' \8\ which are explicitly omitted from the scope of
appendix Y.\9\ (Id.) Additionally, NEEA stated that it was not able to
identify portable power stations listed in DOE's battery charger or UPS
compliance certification database (``CCD''). (Id.)
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\8\ DOE defines a ``back-up battery charger'' as a battery
charger excluding UPSs: (1) that is embedded in a separate end-use
product that is designed to continuously operate using mains power
(including end-use products that use external power supplies); and
(2) whose sole purpose is to recharge a battery used to maintain
continuity of power in order to provide normal or partial operation
of a product in case of input power failure. 10 CFR 430.2. More
broadly, DOE defines a ``battery charger'' as a device that charges
batteries for consumer products, including battery chargers embedded
in other consumer products. Id.
\9\ Section 1 of appendix Y (``Scope'') states that the appendix
does not provide a method for testing back-up battery chargers.
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However, NEEA stated that its technical research supported
addressing consumer portable power stations within the non-UPS portion
of the test procedure and not the UPS portion because (1) they supply
loads when not connected to the grid, whereas the UPS test procedure
focuses on the efficiency of a continuously grid-connected system; (2)
they have a variety of duty cycles, such that the variety of use
scenarios is like other consumer chargers covered by the non-UPS
portion of the test procedure; and (3) they have different charge
rates, and the battery charger test procedure already accommodates
variations in charge rates. (Id. at pp. 8-9)
Relevant to consideration of these comments, the scope of DOE's
battery charger test procedure includes all battery chargers operating
at either direct current (``DC'') or United States AC line voltage
(115V at 60Hz). Appendix Y, section 1. To the extent that a portable
power system meets the definition of a battery charger, operates on DC
or United States AC line voltage, but does not meet the definition of a
back-up battery charger as defined by DOE, such a product is currently
covered within the scope of the non-UPS portion of the battery charger
test procedure. Based on the descriptions of products described by
NEEA, DOE tentatively concludes that such products may not meet the
definition of ``back-up battery charger'' because they are not embedded
in a separate end-use product. Rather, the power station itself is the
end-use product and is not used to maintain power in the event of mains
power failure. In contrast to NEEA's findings, DOE has identified--
based on a review of product literature--a wide range of portable power
stations currently certified as non-UPS battery chargers and listed in
the CCD,\10\ suggesting that manufacturers have determined that such
products meet these criteria and are therefore covered within the scope
of the non-UPS portion of the battery charger test procedure. Because
such products are already included within the scope of the non-UPS
battery charger test procedure, DOE has tentatively determined that no
changes are warranted to the scope of the UPS test procedure with
respect to such products.
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\10\ For example, DOE has identified the following inexhaustive
list of portable power stations models in the battery charger CCD:
Jackery 550, DEWALT DXAEPS14, STANLEY J5C09, Anker A1710, Duracell
PPS1000-1050-120-01.
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To the extent that a portable power station meets DOE's definition
of a back-up battery charger, such a product is currently outside the
scope of appendices Y and Y1. As suggested by NEEA, DOE tentatively
agrees that the operational characteristics of portable power stations
that are not back-up battery chargers are in the scope of the non-UPS
portion of the appendices Y and Y1 test procedure and not the UPS
portion. Therefore, changes to the non-UPS portion of appendices Y and
Y1 are outside the scope of this rulemaking and DOE is not proposing
any changes to the UPS portion of appendices Y and Y1 to address such
products.
The CA IOUs noted that the current scope of the UPS test procedure
is limited to UPSs that use standard NEMA 1-15P/5-15P wall plugs \11\
and recommended that DOE review current shipments of UPS and UPS-like
products to determine if the current method for limiting scope still
provides sufficient coverage for this product category. (CA IOUs, No. 4
at pp. 1-2) The CA IOUs stated that they have identified a range of
whole-home backup and portable outdoor power delivery devices that are
UPS-like, which may offer the potential for energy savings. (Id. at p.
2) According to the CA IOUs, shipments of these two products have
rapidly expanded since DOE's previous rulemaking for the UPS product
category. (Id.) The CA IOUs commented that these products are currently
outside the scope of DOE's test procedure either because they cannot
use NEMA 1-15P/5-15P wall plugs (e.g., whole-home backup products), or
they typically do not use NEMA 1-15P/5-15P wall plugs when in service
(e.g., portable power stations). (Id.)
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\11\ Section 1 of appendix Y specifies that this appendix
provides the test requirements used to measure the energy efficiency
of UPSs that utilize the standardized NEMA plug, 1-15P or 5-15P, as
specified in ANSI/NEMA WD 6-2016 (incorporated by reference, see
Sec. 430.3) and have an AC output.
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DOE's initial review of the market for the types of products
discussed by the CA IOUs confirms the CA IOUs' findings that such
products either do not appear to meet the definition of a UPS and/or do
not use NEMA 1-15P/5-15P wall plugs. In addition, DOE tentatively
determines that the test
[[Page 794]]
conditions specified by the current UPS test procedure would not
provide a representative measure of energy use or energy efficiency for
such products. However, DOE has tentatively determined that the markets
for whole-home backup devices and portable outdoor power delivery
devices are still nascent, albeit growing, and currently lack
widespread use among consumers. DOE is concerned that defining such
technologies and addressing them in the UPS test procedure at this time
could potentially restrict the development of these less mature
technologies. Furthermore, DOE does not have sufficient consumer usage
data, nor have commenters provided any such information, that would be
needed at this time to develop a test procedure that produces
representative results for these products. For these reasons, DOE is
not proposing to expand the scope of the UPS test procedure to include
whole-home backup power systems or outdoor power delivery devices.
B. Definitions
As discussed, DOE defines a UPS as a battery charger consisting of
a combination of convertors, switches, and energy storage devices (such
as batteries), constituting a power system for maintaining continuity
of load power in case of input power failure. Appendices Y and Y1,
section 2.27. This definition aligns with the definition of a UPS
provided in IEC 62040-3 Ed. 2.0, which is currently incorporated by
reference in appendices Y and Y1.
In the February 2022 RFI, DOE sought comment on whether the current
definition for a UPS is still appropriate or whether DOE should
consider an amended definition. 87 FR 5742, 5744.
NEMA commented that the definition of a UPS should be updated to
align with IEC 62040-3 Ed. 3.0. (NEMA, No. 2 at p. 2) Specifically,
NEMA recommended amending the UPS definition to read ``. . .
maintaining continuity of AC load power in case of AC input power
failure'' [emphasis added]. (Id.)
DOE recognizes the benefit of harmonizing with the latest versions
of industry standards where applicable and appropriate. DOE has
tentatively determined that the addition of the term ``AC'' in the IEC
62040-3 Ed. 3.0 definition is consistent with the range of products
that meet the current definition of a UPS and would not change the
scope of products subject to the test procedure.\12\ Therefore, DOE
proposes to update its definition of a UPS to incorporate by reference
the definition specified in IEC 62040-3 Ed. 3.0.
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\12\ DOE notes that use of NEMA 1-15P/5-15P wall plugs, as
specified by the currently defined scope for UPSs, implies the use
of AC input power.
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DOE requests comment on its proposal to harmonize its definition of
a UPS with that of IEC 62040-3 Edition 3.0. Specifically, DOE requests
comment on its tentative determination that such harmonization would
not affect the current scope of the UPS test procedure.
NEMA also suggested that DOE adopt or harmonize several other
definitions from IEC 62040-3 Ed. 3.0, specifically, total harmonic
distortion (``THD''), voltage independent (``VI'') UPS, and voltage and
frequency independent (``VFI'') UPS.\13\ (NEMA, No. 2 at pp. 4-6)
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\13\ The comment from NEMA included a duplicate section
regarding VFI UPS definitions. Based on the context of the
discussion throughout NEMA's comments, DOE presumes that NEMA
intended to also include voltage and frequency dependent (``VFD'')
UPSs among the suggested definitions for harmonization with IEC
62040-3 Ed. 3.0.
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Section 2.26 of appendices Y and Y1 defines THD, expressed as a
percent, as the root mean square (``RMS'') value of an AC signal after
the fundamental component is removed and interharmonic components are
ignored, divided by the RMS value of the fundamental component. Section
3.5.49 of IEC 62040-3 Ed. 3.0 defines THD as the ratio of the RMS value
of the sum of the harmonic components Xh of orders 2 to 40
to the RMS value of the fundamental component X1, and also
includes a mathematical formula accompanying this descriptive
definition. The key difference between the definitions is that DOE
refers to the RMS value of the AC signal, whereas the IEC 62040-3 Ed.
3.0 definition more narrowly specifies measuring the RMS value of
harmonic components of order 2 through 40. DOE understands that, in
measuring the RMS value of a signal, a laboratory would be required to
determine the number of harmonics to include within the measurement. By
specifying harmonic components of order 2 through 40, DOE tentatively
concludes that the IEC definition may provide a more reproducible
measurement among different laboratories compared to the current DOE
definition, which requires a laboratory to determine which harmonic
components to measure. For this reason, DOE proposes to update its
definition of THD to incorporate by reference the definition specified
in IEC 62040-3 Ed. 3.0.
DOE has carefully reviewed its definitions of VFD UPS,\14\ VFI
UPS,\15\ and VI UPS \16\ in comparison to the definitions provided in
sections 5.3.4.2.2,\17\ 5.3.4.2.3,\18\ and 5.3.4.2.4,\19\
[[Page 795]]
respectively, of IEC 62040-3 Ed. 3.0. The IEC definitions closely align
with the core capabilities described by the DOE definitions. However,
DOE's definitions each include a ``Note'' that provides greater
specificity regarding certain product characteristics than the
definitions provided by IEC 62040-3 Ed. 3.0. For example, the Note to
section 2.27.2 of appendices Y and Y1 (providing the definition for VFI
UPS) specifies that, at a minimum, the VFI UPS produces an output
voltage and frequency within the specified output range even when the
input voltage is varied by 10 percent of the rated input
voltage and the input frequency is varied by 2 percent of
the rated input frequency. Whereas the definition of VFI UPS in IEC
62040-3 Ed. 3.0 specifies the AC input power voltage tolerance bands to
be the greater of 10 percent of the rated input voltage and
what is declared by the manufacturer and the AC input power frequency
to be the greater of 2 percent of the rated input frequency
and what is declared by the manufacturer. Similarly, the Note to
section 2.27.3 of appendices Y and Y1 (providing the definition for VI
UPS) specifies an input voltage variation of 10 percent,
whereas the corresponding definition in IEC 62040-3 Ed 3.0 specifies
the voltage limits to be the greater of 10 percent of the
rated input voltage and what is declared by the manufacturer.
---------------------------------------------------------------------------
\14\ Section 2.27.1 of appendices Y and Y1 defines VFD UPS as a
UPS that produces an AC output where the output voltage and
frequency are dependent on the input voltage and frequency. This UPS
architecture does not provide corrective functions like those in
voltage independent and voltage and frequency independent systems.
The definition also includes a Note specifying that VFD input
dependency may be verified by performing the AC input failure test
in section 6.2.2.7 of IEC 62040-3 Ed. 2.0 and observing that, at a
minimum, the UPS switches from normal mode of operation to battery
power while the input is interrupted.
\15\ Section 2.27.2 of appendices Y andY1 defines VFI UPS as a
UPS where the device remains in normal mode producing an AC output
voltage and frequency that is independent of input voltage and
frequency variations and protects the load against adverse effects
from such variations without depleting the stored energy source. The
definition also includes a Note specifying that VFI input dependency
may be verified by performing the steady state input voltage
tolerance test and the input frequency tolerance test in sections
6.4.1.1 and 6.4.1.2 of IEC 62040-3 Ed. 2.0, respectively, and
observing that, at a minimum, the UPS produces an output voltage and
frequency within the specified output range when the input voltage
is varied by 10 percent of the rated input voltage and
the input frequency is varied by 2 percent of the rated
input frequency.
\16\ Section 2.27.3 of appendices Y and Y1 defines VI UPS as a
UPS that produces an AC output within a specific tolerance band that
is independent of under-voltage or over-voltage variations in the
input voltage without depleting the stored energy source. The output
frequency of a VI UPS is dependent on the input frequency, similar
to a voltage and frequency dependent system. The definition also
includes a Note specifying that VI input dependency may be verified
by performing the steady state input voltage tolerance test in
section 6.4.1.1 of IEC 62040-3 Ed. 2.0 and ensuring that the UPS
remains in normal mode with the output voltage within the specified
output range when the input voltage is varied by 10
percent of the rated input voltage.
\17\ Section 5.3.4.2.2 of IEC 62040-3 Ed. 3.0 specifies that a
UPS classified as VFD shall protect the load from a complete loss of
AC input power. The output of the VFD UPS is dependent on changes in
voltage and frequency of the AC input power and is not intended to
provide additional voltage corrective functions, such as those
arising from the use of tapped transformers. VFD classification is
verified when performing the test described in section 6.2.2.7.
\18\ Section 5.3.4.2.3 of IEC 62040-3 Ed. 3.0 specifies that a
UPS classified VI shall protect the load as required for VFD and
also from under-voltage applied continuously to the input, and over-
voltage applied continuously to the input. The output voltage of the
VI UPS shall remain within declared voltage limits (provided by
voltage corrective functions, such as those arising from the use of
active and/or passive circuits). The manufacturer shall declare an
output voltage tolerance band narrower than the input voltage
tolerance band. VI classification is verified when performing the
tests described in section 6.4.1.2. The definition also includes a
Note specifying that the energy storage device does not discharge
when the AC input power is within the input voltage tolerance band.
\19\ Section 5.3.4.2.4 of IEC 62040-3 Ed. 3.0 specifies that a
UPS classified VFI is independent of AC input power voltage and
frequency variations as specified and declared in section 5.2 and
shall protect the load against adverse effects from such variations
without discharging the energy storage device. VFI classification is
verified when performing the tests described in section 6.4.1.3.
---------------------------------------------------------------------------
DOE notes that there are scenarios where using the manufacturer
declared limits may result in a different input dependency
classification of a UPS when compared to that conducted using DOE's
current input voltage tolerance limits. For example, a manufacturer
that declares an input voltage tolerance limit of 15
percent for a VI basic model but could have a unit that is unable to
maintain the required output when the input voltage is adjusted by more
than 13 percent in real world testing. Per the IEC definition, this
unit would fail the VI input dependency at the manufactured declared
limits of 15 percent and therefore be classified as a VFD
UPS (the highest input dependent UPS topology). However, the same unit
when tested per DOE's current input voltage limits of 10
percent would continue to classify it as a VI.
To avoid such discrepancies, DOE proposes to harmonize its
definitions of VFD UPS, VI UPS, and VFI UPSs with IEC 62040-3 Ed 3.0
but maintain the notes alongside each definition that currently
establish the input voltage and frequency tolerance limits of 10 percent and 2 percent, respectively.
DOE notes that the section numbers of IEC 62040-3 Ed. 2.0 currently
referenced by DOE's definitions have been updated to different section
numbers in IEC 62040-3 Ed. 3.0. DOE proposes to update its definitions
of VFD UPS, VI UPS, and VFI UPS to reference the corresponding updated
section numbers within IEC 62040-3 Ed. 3.0.
DOE has initially determined that the proposed amended definitions
would not substantively change the scope or applicability of the test
procedure as compared to the current definitions.
DOE requests comment on its proposal to update its definitions of
THD, VFD UPS, VI UPS, and VFI UPC to harmonize with the IEC 62040-3 Ed
3.0 definitions.
C. Updates to Industry Standards
As discussed, the current UPS test procedure incorporates by
reference certain sections of IEC 62040-3 Ed. 2.0 regarding test setup,
input and output power measurement, and the optional determination of
UPS architecture. Specifically:
The definitions of VFD UPS, VFI UPS, and VI UPS in
sections 2.27.1 through 2.27.3 of appendices Y and Y1 reference: (1)
the AC input failure test in section 6.2.2.7 of IEC 62040-3 Ed. 2.0,
which in turn references section 5.3.4 and Annex G of IEC 62040-3 Ed.
2.0; (2) the steady state input voltage tolerance test in section
6.4.1.1 of IEC 62040-3 Ed. 2.0, as a subsection to section 6.4.1, which
in turn references sections 5.2.1 and 5.2.2.k of IEC 62040-3 Ed. 2.0;
and (3) the input frequency tolerance test in section 6.4.1.2 of IEC
62040-3 Ed. 2.0, which in turn references sections 5.3.2.d and 5.3.2.3
of IEC 62040-3 Ed. 2.0.
Section 4.2.1 of appendices Y and Y1 specifies configuring
the UPS according to Annex J.2 [of Annex J] of IEC 62040-3 Ed. 2.0.
Section 4.3.3 of appendices Y and Y1 specifies measuring
input and output power according to section J.3 of Annex J of IEC
62040-3 Ed. 2.0.
Since publication of the December 2016 Final Rule, IEC has updated
the IEC 62040-3 standard to its third edition (i.e., IEC 62040-3 Ed.
3.0). The following paragraphs summarize the key changes from the
second edition, based on DOE's initial review of the revised standard.
Section 4 of IEC 62040-3 Ed. 3.0 includes updates to various
environmental conditions, such as the general test environment and
operating conditions when testing UPSs. Appendices Y and Y1, however,
do not refer to section 4 of the IEC 62040-3 standard but instead
provide their own environmental and operating conditions for testing
purposes. DOE has therefore determined that its test procedure for
measuring the efficiency of UPSs will remain unaffected by the updates
to section 4 of the IEC 62040-3 Ed. 3.0.
Section 5.2 of IEC 62040-3 Ed. 2.0 addresses UPS input
specifications, such as the input voltage range, input frequency range,
and total harmonic distortions during which the UPS under test must
remain in the normal mode of operation. While an initial review of IEC
62040-3 Ed. 3.0 shows significant editorial changes to the sections
that define these parameters, the remainder of the parameters remain
unchanged. Similarly, section 5.3 of IEC 62040-3 Ed. 3.0 provides the
minimum output specifications for UPSs that must be declared by
manufacturers, such as its input dependency, rated output voltage and
RMS output voltage tolerance band, rated frequency tolerance band,
rated output active and apparent power, total harmonic distortion, etc.
As before, the majority of the changes to this section are editorial or
a reorganization.
Section 6 of IEC 62040-3 Ed. 2.0 previously provided instructions
for performing the AC input failure test (section 6.2.2.7), the steady-
state input voltage tolerance test (section 6.4.1.1), and the input
frequency tolerance test (section 6.4.1.2) that are used to classify
the input dependency of a UPS as VI, VFD, or VFI. IEC 62040-3 Ed. 3.0
has since updated these subsections with the following changes:
subsection titles and numbering have been updated to specifically refer
to them as VI, VFD, and VFI input dependency tests; additional criteria
have been added for meeting the VI, VFD, and VFI classifications; and a
new test load condition at 0 percent (i.e., no-load) has been added
(see section III.E of this document for further discussion of a no-load
test).
Additional updates to Annex J to IEC 62040-3 Ed. 3.0 require multi-
mode UPSs to be tested at all dependency modes, whereas DOE's current
test procedure explicitly requires UPSs to be tested at only their
highest and lowest input dependency modes. Annex J has also been
updated to allow manufacturers to test UPSs with functions or ports set
to the lowest power-consuming mode or disconnected if they are not
related to maintaining the energy storage device (i.e., batteries) at
full charge, along with added reporting requirements for manufacturers
to report these features,
[[Page 796]]
interfaces, or ports that have been turned off or set to the lowest
power-consuming mode. This updated clarification regarding additional
features is similar to DOE's current test procedure, which requires
UPSs to be tested with such features off or disconnected; however, DOE
currently does not require manufacturers to report these manually
switched-off features.
In the February 2022 RFI, DOE requested comment on the updates made
to IEC 62040-3 Ed. 3.0 and on whether DOE should revise all or parts of
its incorporation by reference to harmonize with these changes. 87 FR
5742, 5745. DOE also requested feedback on whether any of the specific
updates found in the new IEC standard has the potential to alter the
recorded efficiency of UPSs as currently measured by appendix Y. Id.
DOE received several comments regarding aligning its reporting
requirements for UPSs with the requirements in the revised Annex J in
IEC 62040-3 Ed. 3.0 in response to the February 2022 RFI. The Joint
Commenters, NEEA, and NEMA all requested that DOE require manufacturers
to report which (if any) additional functionality was switched off for
testing. (Joint Commenters, No. 3 at p. 2; NEEA, No. 5 at p. 7; NEMA,
No. 2 at p. 4). NEMA commented that adding free text fields in the
certification database spreadsheet template would reduce the reporting
burden of uploading additional supplementary documentation to provide
this information. (NEMA, No. 2 at p. 4) Additionally, NEEA noted that
collecting this information increases stakeholder transparency and
provides DOE with useful information for future analyses. (NEEA, No. 5
at p. 7)
DOE is not proposing to amend the certification or reporting
requirements for UPSs in this NOPR. Instead, DOE may consider proposals
to amend the certification requirements and reporting for UPSs under a
separate rulemaking regarding appliance and equipment certification.
In response to the February 2022 RFI, NEMA suggested that DOE
incorporate the 15-minute accumulated energy measurement method found
in Annex J of IEC 62040-3 Ed. 3.0, commenting that it is the
measurement method favored by DOE because DOE already includes such a
method in appendices Y and Y1. (NEMA, No. 2 at p. 2) NEMA also
recommended that DOE incorporate sections 5.2 and 5.3 of IEC 62040-3 or
the entire standard and stated that doing so would not alter the
measured efficiency of UPSs. (Id. at p. 3)
DOE has carefully reviewed IEC 62040-3 Ed. 3.0 as it relates to
measuring the efficiency of a UPS. DOE has tentatively determined that
the relevant updates to IEC 62040-3 Ed. 3.0 compared to IEC 62040-3 Ed.
2.0 are largely editorial, including renumbering of certain sections
referenced by the DOE test procedure, and that updating DOE's existing
references to IEC 62040-3 Ed. 3.0 would not alter the measured
efficiency of basic models. As a result, DOE proposes to update its
incorporation by reference of IEC 62040-3 Ed. 2.0 to IEC 62040-3 Ed.
3.0 in 10 CFR 430.3 and to update its references in appendices Y and Y1
accordingly to reflect the renumbering of sections in IEC 62040-3 Ed.
3.0.
As stated by NEMA in its written comment, DOE's existing test
procedure for UPSs already allows recording of either instantaneous
power or accumulated energy over a 15-minute period. DOE's review of
Annex J in IEC 62040-3 Ed. 3.0 did not reveal any additional
instructions that would further facilitate the use of the accumulated
energy method. As such, DOE is not proposing any changes to its
existing language in section 4.3.3 of appendices Y and Y1.
DOE requests comment on its proposal to incorporate by reference
IEC 62040-3 Ed 3.0 and to update references in appendices Y and Y1
accordingly to reflect the renumbering of sections in IEC 62040-3 Ed
3.0.
D. Loading Conditions
Section 4.3.3 of appendices Y and Y1 requires that the efficiency
of a UPS be measured at 100, 75, 50, and 25 percent of the device's
rated output power. Each of these measured efficiencies is weighted
according to values provided in Table 4.3.1 of appendices Y and Y1 and
combined to determine a single weighted average output metric (i.e.,
the average load adjusted efficiency) representing the UPS's overall
efficiency. These load conditions and weightings were established in
the December 2016 Final Rule consistent with the load weightings
specified in ENERGY STAR UPS Specification Version 1.0.\20\ 81 FR
89806, 89816. The current ENERGY STAR UPS Specification Version 2.0
\21\ maintains these same load conditions and weightings. These load
conditions and weightings are also consistent with those specified in
section 6.4.1.6 of IEC 62040-3 Ed. 2.0 and section 6.4.1.9 of IEC
62040-3 Ed. 3.0.
---------------------------------------------------------------------------
\20\ The ENERGY STAR UPS Specification Version 1.0 is available
at www.energystar.gov/products/spec/uninterruptible_power_supplies_specification_version_1_0_pd.
\21\ The ENERGY STAR UPS Specification Version 2.0 is available
at www.energystar.gov/sites/default/files/asset/document/ENERGY%20STAR%20Uninterruptible%20Power%20Supplies%20Final%20Version%202.0%20Specification_1.pdf.
---------------------------------------------------------------------------
In the February 2022 RFI, DOE requested comment on whether the UPS
load weightings specified in Table 4.3.1 are representative of current
UPS usage patterns. 87 FR 5742, 5746. DOE also requested data on the
consumer usage profile of UPSs with respect to each architecture (i.e.,
VFD, VI, and VFI). Id.
NEEA, the Joint Commenters, and the CA IOUs all recommended
introducing a fifth loading test condition at 10 percent of the
device's rated output power, asserting that such a loading condition is
more representative of desktop computers and other loads typically
protected by UPSs. They further asserted that adding a 10-percent
loading condition to UPS testing, along with a revised load weighting,
would provide a more accurate efficiency value. (NEEA, No. 5 at pp. 1-
4; Joint Commenters, No. 3 at pp. 1-2; CA IOUs, No. 4 at pp. 2-3)
NEMA, however, advised against adding a 10-percent loading
condition and adjusting the loading level weights without significant
evidence to support making such adjustments, arguing that DOE should
maintain harmonization with IEC 62040-3 Ed. 3.0. NEMA further asserted
that additional load test points are mathematically unnecessary and
would invalidate testing already performed, which would impose a
significant burden on manufacturers with no tangible benefits. NEMA
further commented that mathematical loss models can be used to
accurately predict UPS efficiency at any load point based on the five
measurements already required by the DOE test procedure. (NEMA, No. 2
at p. 6)
As discussed, EPCA requires that any test procedures prescribed or
amended under this section be reasonably designed to produce test
results that measure energy efficiency, energy use, or estimated annual
operating cost of a covered product during a representative average use
cycle or period of use, and not be unduly burdensome to conduct. (42
U.S.C. 6293(b)(3)) As such, DOE must weigh the representativeness of
test results with the associated test burden in evaluating any
amendments to its test procedures. Regarding the representativeness of
the DOE test procedure, the commenters have not provided specific data,
nor is DOE aware of any specific data, demonstrating that a 10-percent
loading condition would produce a more representative measure of energy
use or energy efficiency of UPSs. In addition,
[[Page 797]]
DOE's test procedure does not differentiate between specific end-use
applications. Therefore, load profiles specific to certain applications
(e.g., desktop computers) may not be representative of overall average
use of UPSs across all end-use applications. Further, were DOE to
consider a 10-percent load condition, DOE is not aware of any data to
suggest what corresponding weighting factor should be used to combine
this loading condition with the other defined loading conditions
comprising the overall efficiency metric.
Regarding test burden, as noted, the loading points currently
specified in appendices Y and Y1 are consistent with the loading points
defined by ENERGY STAR, as well as section 6.4.1.6 of IEC 62040-3 Ed.
3.0. DOE also notes that the requirements of IEC 62040-3 Ed. 3.0 are
referenced by the European Union Code of Conduct on Energy Efficiency
and Quality of AC UPSs Version 2.0.\22\ Like many other types of
consumer electronics, UPSs are manufactured and distributed globally by
multi-national suppliers; as such, any differences between the DOE test
procedure (applicable to products sold or imported into the United
States) and internationally-recognized industry test methods impose a
burden that is acutely impactful to the consumer electronics industry.
---------------------------------------------------------------------------
\22\ The European Union Code of Conduct on Energy Efficiency and
Quality of AC UPSs Version 2.0 is available at e3p.jrc.ec.europa.eu/
publications/code-conduct-energy-efficiency-and-quality-ac-
uninterruptible-power-systems-ups-0.
---------------------------------------------------------------------------
Having weighed the potential improvement to representativeness
against the potential for increased test burden associated with adding
a required 10-percent loading condition that would be applicable to all
UPSs, DOE has tentatively concluded--based on information currently
available--that the potential burden would outweigh any potential
improvement in representativeness; i.e., would introduce undue test
burden. Consequently, DOE is not proposing to modify its existing
loading points, weightings, or overall efficiency metric in this NOPR.
DOE requests comment on its proposal to not modify the existing
loading points, weighting, or the overall efficiency metric in the
current UPS test procedure.
E. No-Load Test
DOE's test procedure for UPSs does not currently specify a method
for determining the energy consumption of a UPS at no-load (i.e., 0
percent loading condition). As discussed in section III.C of this NOPR,
IEC 62040-3 Ed. 3.0 adds a new test load condition at 0 percent (i.e.,
no-load) at section 6.4.1.10. In addition, ENERGY STAR UPS
Specification Version 2.0 specifies testing at a 0-percent load
condition, and the resulting power measurement (in Watts) is one of the
required reported values. In the February 2021 RFI, DOE requested
information on whether incorporating the additional no-load test has
the potential to cause currently reported UPS input-dependency
classifications to change.
In response to the February 2022 RFI, the Joint Commenters
recommended that DOE incorporate the no-load test condition into its
UPS test procedure and establish a separate standby mode metric based
on the no-load test condition. The Joint Commenters asserted that a
standby mode measurement at the no-load test condition would provide
consumers with a more accurate understanding of UPS energy consumption
and would align DOE's UPS test procedure more closely with DOE's
external power supply (``EPS'') and battery charger test procedures.
The Joint Commenters asserted that the no-load condition of a UPS
aligns closely with battery charger maintenance mode--in which a
battery charger is connected to a battery and provides some limited
charging in order to maintain the battery at full charge--and that
because DOE determined that battery charge maintenance mode qualifies
under EPCA's definition of standby mode,\23\ that it would be
appropriate for DOE to establish a standby metric for UPSs based on the
no-load test condition. (Joint Commenters, No. 3 at p. 3)
---------------------------------------------------------------------------
\23\ The Joint Commenters cited DOE's battery charger test
procedure NOPR published November 23, 2021. 86 FR 66878. DOE
subsequently published a battery charger test procedure final rule
on September 8, 2022, which includes a maintenance mode test for
battery chargers. 87 FR 55090.
---------------------------------------------------------------------------
NEEA also encouraged DOE to add a no-load test condition to the UPS
test procedure. NEEA asserted that UPSs operate at no-load or low-load
when attached equipment, such as desktop computers, are powered off or
running in sleep or idle modes; that relevant studies suggest that
desktop computers spend much of their time powered off or in sleep or
idle modes; and that the substantial differences in no-load input power
across UPS models suggest a significant energy savings opportunity.
(NEEA, No. 5 at pp. 1-2) Based on its analysis of cited research, NEEA
concluded that a no-load condition would effectively represent desktop
computer off and sleep modes. (Id. at 2) NEEA encouraged DOE to require
reporting of UPS no-load power draw separately from the current active
mode efficiency because the no-load measurement would be a power value
rather than a percent efficiency, and that such an approach would
harmonize with DOE's no-load approach for EPSs, battery chargers, and
ENERGY STAR's approach for UPSs. (NEEA, No. 5 at pp. 4-5)
DOE recognizes the usefulness of a no-load power consumption metric
to the industry and stakeholders, as evidenced by the inclusion of a
no-load test in IEC 62040-3 Ed. 3.0, its inclusion as a reporting
requirement for the ENERGY STAR UPS Specification Version 2.0, and
comments from interested parties in response to the February 2021 RFI.
For these reasons, DOE proposes to incorporate by reference the no-load
test condition specified in section 6.4.1.10 of IEC 62040-3 Ed. 3.0 as
a test in section 4.3.3 of appendices Y and Y1 that would be used as
the basis for any representations of no-load power consumption.
However, DOE notes that manufacturers will not be required to certify
no-load power consumption to DOE as a result of this proposal because
the energy conservation standards for UPSs do not have a no-load
requirement at this time.
DOE requests feedback on its proposal to add a method for measuring
the power consumption of UPSs at no-load as a test to be used as the
basis for any representations of no-load power consumption.
F. Reference Test Load
DOE's test procedure refers to the 25, 50, 75, and 100-percent
loads as ``reference test loads.'' In general, test loads for testing
consumer electronics can be either linear \24\ or non-linear \25\ in
nature.
---------------------------------------------------------------------------
\24\ IEC 62040-3 Ed 3.0 defines a linear load as a load wherein
the load impedance is a constant.
\25\ IEC 62040-3 Ed 3.0 defines a non-linear load as a load
wherein the load impedance is a variable dependent on other
parameters, such as voltage or time.
---------------------------------------------------------------------------
While IEC 62040-3 Ed. 2.0 provides a definition for reference test
load,\26\ it does not explicitly address whether such a test load is
linear or non-linear in nature. Section 2.24 of appendices Y and Y1
defines ``reference test load'' as a load or condition with a power
factor of greater than 0.99 in which the AC output socket of the UPS
delivers the active power (W) for which the UPS is rated. By specifying
a power factor requirement of greater than 0.99, DOE's
[[Page 798]]
current definition necessitates the use of a test load that is both
linear and resistive.
---------------------------------------------------------------------------
\26\ IEC 62040-3 Ed. 2.0 defines ``reference test load'' as a
load or condition in which the output of the UPS delivers the active
power (W) for which the UPS is rated.
---------------------------------------------------------------------------
In response to the February 2022 RFI, NEEA recommended that to
improve the representativeness of the UPS test procedure, DOE should
require active mode testing employing the non-linear load specified in
Annex E of IEC 62040-3 Ed. 3.0. NEEA stated that nearly all UPS loads
are non-linear (i.e., non-resistive) and have a power factor of less
than one. NEEA explained that these non-linear loads increase current
flows through the UPS, resulting in more losses and producing more
heat. NEEA stated that manufacturers design UPSs to account for these
types of loads, but that DOE's test procedure does not currently
require non-linear loads in its efficiency measurements. (NEEA, No. 5
at p. 6)
Section D.2 in Annex D of IEC 62040-3 Ed. 3.0 explains that the
diversity of types of load equipment and their relevant characteristics
are always changing with technology. For this reason, the UPS output
performance is characterized by loading with passive reference loads to
simulate, as far as practical, the expected load types, but it cannot
be taken that these load types are totally representative of the actual
load equipment in a given application. The UPS industry has generally
specified UPS output characteristics under conditions of linear
loading, i.e., resistive or resistive/inductive. The effect on the
output of the UPS by non-linear loads both in steady state and dynamic
is, in many cases, to cause deviation from the output characteristic
specified by the manufacturer/supplier where these are quoted under
linear load conditions.
While DOE recognizes that loads protected by UPSs can be non-
linear, the use of non-linear loads for testing may create certain
challenges or difficulties in meeting the specified test conditions, as
described within section D.2 of IEC 62040-3 Ed. 3.0. This suggests that
testing with non-linear loads may produce results that are less
repeatable or reproducible than testing with linear loads. DOE has no
information, nor have commenters provided any information, about how
the use of non-linear loads for UPS testing may affect repeatability,
reproducibility, or test burden. As a result, DOE is not proposing the
use of non-linear test loads for testing UPSs at this time.
G. Error Corrections
At the time of the February 2022 RFI, paragraph (a) of section
4.2.1 of appendices Y and Y1, ``UPS Operating Mode Conditions,'' stated
that if the UPS can operate in two or more distinct normal modes as
more than one UPS architecture, conduct the test in its lowest input
dependency as well as in its highest input dependency mode where VFD
represents the lowest [emphasis added] possible input dependency,
followed by VI and then VFI.
NEMA stated that specifying the ``lowest'' possible input
dependency is a typographical error, and that VFD represents the
highest possible input dependency rather than the lowest. (NEMA, No. 2
at p. 3) In a correcting amendment published May 11, 2022, DOE
acknowledged that the text in paragraph (a) of section 4.2.1 of
appendix Y erroneously identifies VFD as the lowest input dependency,
whereas it is in fact the highest input dependency as identified in the
referenced Annex J.2 of IEC 62040-3 Ed 2.0. 87 FR 28755, 28755. DOE
corrected this error in the text by replacing the erroneous word
``lowest'' with ``highest.'' Id. As a result, DOE is not proposing any
changes to that corrected text in this NOPR.
H. Test Procedure Costs and Harmonization
1. Test Procedure Costs and Impact
EPCA requires that test procedures proposed by DOE not be unduly
burdensome to conduct. (42 U.S.C. 6293(b)(3)) In this NOPR, DOE
proposes to amend the existing test procedure for UPSs by updating the
industry standard incorporated by reference to its latest version,
updating definitions consistent with the latest version of the industry
standard, and introducing an optional test for measuring the power
consumption of UPSs at no-load conditions. DOE has tentatively
determined that these proposed amendments would not be unduly
burdensome for manufacturers to conduct.
The proposed update to the latest version of the industry standard
would not change the method of testing UPSs, but rather would only make
non-substantive changes, such as section renumbering. The proposed
amendments to harmonize certain definitions with the industry standard
would not change the scope of products currently subject to the DOE
test procedure or energy conservation standards. And the proposed test
procedure for measuring the power consumption of UPSs at no-load
conditions would not be required for demonstrating compliance with
standards. Therefore, the proposed amendments will not alter the
measured energy efficiency or energy use of UPSs. Manufacturers will be
able to rely on data generated under the current test procedure.
Further, the proposed changes would not require the purchase of
additional equipment or increase test burden, and consequently would
not impact testing costs. If manufacturers elected to continue to make
representations or begin making representations regarding UPS power
consumption at no-load conditions, they may need to retest the standby
power portion of the test procedure for their UPS model. DOE estimates
that this retest would cost approximately $1,700 per unit if the test
is conducted by a third-party lab and substantially less if done by the
manufacturer themselves. However, as stated previously, any
representations from such a retest would not be required for
demonstrating compliance with standards.
2. Harmonization With Industry Standards
DOE's established practice is to adopt relevant industry standards
as DOE test procedures unless such methodology would be unduly
burdensome to conduct or would not produce test results that reflect
the energy efficiency, energy use, water use (as specified in EPCA), or
estimated operating costs of that product during a representative
average use cycle or period of use. Section 8(c) of appendix A of 10
CFR part 430 subpart C. In cases where the industry standard does not
meet EPCA statutory criteria for test procedures, DOE will make
modifications through the rulemaking process to these standards as the
DOE test procedure.
The test procedure for UPSs at appendices Y and Y1 currently
incorporates by reference IEC 62040-3 Ed. 2.0 regarding test setup,
input and output power measurement, and the optional determination of
UPS architecture. DOE is proposing to incorporate by reference the
latest version of this industry standard (i.e., IEC 62040-3 Ed. 3.0).
Additional discussion of this proposed update is provided in section
III.B of this document.
DOE requests comment on the benefits and burdens of the proposed
updates and additions to the industry standard referenced in the test
procedure for UPSs.
I. Compliance Date
EPCA prescribes that, if DOE amends a test procedure, all
representations of energy efficiency and energy use, including those
made on marketing materials and product labels, must be
[[Page 799]]
made in accordance with that amended test procedure, beginning 180 days
after publication of such a test procedure final rule in the Federal
Register. (42 U.S.C. 6293(c)(2))
If DOE were to publish an amended test procedure, EPCA provides an
allowance for individual manufacturers to petition DOE for an extension
of the 180-day period if the manufacturer may experience undue hardship
in meeting the deadline. (42 U.S.C. 6293(c)(3)) To receive such an
extension, petitions must be filed with DOE no later than 60 days
before the end of the 180-day period and must detail how the
manufacturer will experience undue hardship. (Id.)
DOE also recognizes that the publication of two separate final
rules (the September 2022 Final Rule amending the test procedure for
battery chargers that are not UPSs and a potential future test
procedure final rule for UPSs, if DOE were to publish an amended test
procedure) amending the battery charger test procedures at appendix Y
could cause confusion as to what version of these appendices is
required to be used when making a representation. A further
complication is that the September 2022 Final Rule created a new test
procedure at appendix Y1 that expanded the scope of the battery charger
test method and established a new multi-metric approach for all battery
chargers other than UPSs. Manufacturers will be required to continue to
use the amended test procedure in appendix Y until the compliance date
of amended energy conservation standards for battery chargers
established by an energy conservation standard final rule at some point
in the future. Only upon the compliance date of amended energy
conservation standards for battery chargers will manufacturers be
required to begin using the test procedure in appendix Y1.
The September 2022 Final Rule amended appendix Y requiring
manufacturers of battery chargers to use this recently updated version
beginning March 7, 2023. While the sections in appendix Y that apply to
UPSs remained unchanged by the September 2022 Final Rule, UPS
manufacturers are required to use the version of appendix Y, as
modified by the September 2022 Final Rule, beginning on March 7, 2023.
Because there are no differences in how a UPS is tested between the two
versions of appendix Y, DOE tentatively concludes that it would be
preferable to refer to the same version of the Appendix (as finalized
by the September 2022 Final Rule) for testing both battery chargers and
UPSs, even though the UPS testing provisions remain unchanged. DOE also
concludes that presenting these various compliance dates and references
to different versions of the appendices in a tabular format would be
more effective. Accordingly, in this NOPR, DOE is proposing to update
the notes section at the beginning of appendices Y and Y1 to include a
table that clearly identifies the appropriate appendix reference and
compliance dates for each product.
IV. Procedural Issues and Regulatory Review
A. Review Under Executive Orders 12866 and 13563
Executive Order (``E.O.'') 12866, ``Regulatory Planning and
Review,'' as supplemented and reaffirmed by E.O. 13563, ``Improving
Regulation and Regulatory Review,'' 76 FR 3821 (Jan. 21, 2011),
requires agencies, to the extent permitted by law, to (1) propose or
adopt a regulation only upon a reasoned determination that its benefits
justify its costs (recognizing that some benefits and costs are
difficult to quantify); (2) tailor regulations to impose the least
burden on society, consistent with obtaining regulatory objectives,
taking into account, among other things, and to the extent practicable,
the costs of cumulative regulations; (3) select, in choosing among
alternative regulatory approaches, those approaches that maximize net
benefits (including potential economic, environmental, public health
and safety, and other advantages; distributive impacts; and equity);
(4) to the extent feasible, specify performance objectives, rather than
specifying the behavior or manner of compliance that regulated entities
must adopt; and (5) identify and assess available alternatives to
direct regulation, including providing economic incentives to encourage
the desired behavior, such as user fees or marketable permits, or
providing information upon which choices can be made by the public. DOE
emphasizes as well that E.O. 13563 requires agencies to use the best
available techniques to quantify anticipated present and future
benefits and costs as accurately as possible. In its guidance, the
Office of Information and Regulatory Affairs (``OIRA'') in the Office
of Management and Budget (``OMB'') has emphasized that such techniques
may include identifying changing future compliance costs that might
result from technological innovation or anticipated behavioral changes.
For the reasons stated in the preamble, this proposed regulatory action
is consistent with these principles.
Section 6(a) of E.O. 12866 also requires agencies to submit
``significant regulatory actions'' to OIRA for review. OIRA has
determined that this proposed regulatory action does not constitute a
``significant regulatory action'' under section 3(f) of E.O. 12866.
Accordingly, this action was not submitted to OIRA for review under
E.O. 12866.
B. Review Under the Regulatory Flexibility Act
The Regulatory Flexibility Act (5 U.S.C. 601 et seq.) requires
preparation of an initial regulatory flexibility analysis (``IRFA'')
for any rule that by law must be proposed for public comment, unless
the agency certifies that the rule, if promulgated, will not have a
significant economic impact on a substantial number of small entities.
As required by Executive Order 13272, ``Proper Consideration of Small
Entities in Agency Rulemaking,'' 67 FR 53461 (August 16, 2002), DOE
published procedures and policies on February 19, 2003, to ensure that
the potential impacts of its rules on small entities are properly
considered during the DOE rulemaking process. 68 FR 7990. DOE has made
its procedures and policies available on the Office of the General
Counsel's website: www.energy.gov/gc/office-general-counsel. DOE
reviewed this proposed rule under the provisions of the Regulatory
Flexibility Act and the procedures and policies published on February
19, 2003.
For manufacturers of UPSs, the Small Business Administration
(``SBA'') has set a size threshold, which defines those entities
classified as ``small businesses'' for the purposes of the statute. DOE
used the SBA's small business size standards to determine whether any
small entities would be subject to the requirements of the rule. See 13
CFR part 121. The size standards are listed by the North American
Industry Classification System (``NAICS'') code and industry
description and are available at www.sba.gov/document/support--table-size-standards. Manufacturing of UPSs is classified under NAICS 335999,
``All Other Miscellaneous Electrical Equipment and Component
Manufacturing.'' The SBA sets a threshold of 500 employees or less for
an entity to be considered as a small business for this category.
To estimate the number small businesses that manufacture UPSs
impacted by this rulemaking, DOE conducted a survey using information
from DOE's Compliance Certification Database and previous rulemakings.
DOE used information from these
[[Page 800]]
sources to create a list of companies that potentially manufacture or
sell UPSs. DOE screened out companies that do not offer products
covered by this rulemaking, do not meet the definition of a ``small
business,'' or are foreign owned and operated. DOE identified five
companies that are small businesses manufacturing UPSs covered by this
rulemaking.
However, DOE has tentatively concluded that the proposed updates to
DOE's test procedure for UPSs do not involve substantive changes to the
test setup and methodology and will not pose any additional test burden
or additional test costs for any UPS manufacturers, large or small.
Therefore, DOE tentatively concludes that the impacts of the test
procedure amendments proposed in this NOPR would not have a
``significant economic impact on a substantial number of small
entities,'' and that the preparation of an IRFA is not warranted. DOE
will transmit the certification and supporting statement of factual
basis to the Chief Counsel for Advocacy of the Small Business
Administration for review under 5 U.S.C. 605(b).
C. Review Under the Paperwork Reduction Act of 1995
Manufacturers of UPSs must certify to DOE that their products
comply with any applicable energy conservation standards. To certify
compliance, manufacturers must first obtain test data for their
products according to the DOE test procedures, including any amendments
adopted for those test procedures. DOE has established regulations for
the certification and recordkeeping requirements for all covered
consumer products and commercial equipment, including UPSs. (See
generally 10 CFR part 429.) The collection-of-information requirement
for the certification and recordkeeping is subject to review and
approval by OMB under the Paperwork Reduction Act (``PRA''). This
requirement has been approved by OMB under OMB control number 1910-
1400. Public reporting burden for the certification is estimated to
average 35 hours per response, including the time for reviewing
instructions, searching existing data sources, gathering and
maintaining the data needed, and completing and reviewing the
collection of information.
DOE is not proposing to amend the certification or reporting
requirements for UPSs in this NOPR. Instead, DOE may consider proposals
to amend the certification requirements and reporting for UPSs under a
separate rulemaking regarding appliance and equipment certification.
DOE will address changes to OMB Control Number 1910-1400 at that time,
as necessary.
Notwithstanding any other provision of the law, no person is
required to respond to, nor shall any person be subject to a penalty
for failure to comply with, a collection of information subject to the
requirements of the PRA, unless that collection of information displays
a currently valid OMB Control Number.
D. Review Under the National Environmental Policy Act of 1969
In this NOPR, DOE proposes test procedure amendments that it
expects will be used to develop and implement future energy
conservation standards for UPSs. DOE has determined that this proposed
rule falls into a class of actions that are categorically excluded from
review under the National Environmental Policy Act of 1969 (42 U.S.C.
4321 et seq.) and DOE's implementing regulations at 10 CFR part 1021.
Specifically, DOE has determined that adopting test procedures for
measuring energy efficiency of consumer products and industrial
equipment is consistent with activities identified in 10 CFR part 1021,
appendix A to subpart D, A5 and A6. Accordingly, neither an
environmental assessment nor an environmental impact statement is
required.
E. Review Under Executive Order 13132
Executive Order 13132, ``Federalism,'' 64 FR 43255 (Aug. 4, 1999)
imposes certain requirements on agencies formulating and implementing
policies or regulations that preempt State law or that have federalism
implications. The Executive order requires agencies to examine the
constitutional and statutory authority supporting any action that would
limit the policymaking discretion of the States and to carefully assess
the necessity for such actions. The Executive order also requires
agencies to have an accountable process to ensure meaningful and timely
input by State and local officials in the development of regulatory
policies that have federalism implications. On March 14, 2000, DOE
published a statement of policy describing the intergovernmental
consultation process it will follow in the development of such
regulations. 65 FR 13735. DOE has examined this proposed rule and has
determined that it would not have a substantial direct effect on the
States, on the relationship between the national government and the
States, or on the distribution of power and responsibilities among the
various levels of government. EPCA governs and prescribes Federal
preemption of State regulations as to energy conservation for the
products that are the subject of this proposed rule. States can
petition DOE for exemption from such preemption to the extent, and
based on criteria, set forth in EPCA. (42 U.S.C. 6297(d)) No further
action is required by Executive Order 13132.
F. Review Under Executive Order 12988
Regarding the review of existing regulations and the promulgation
of new regulations, section 3(a) of Executive Order 12988, ``Civil
Justice Reform,'' 61 FR 4729 (Feb. 7, 1996), imposes on Federal
agencies the general duty to adhere to the following requirements: (1)
eliminate drafting errors and ambiguity, (2) write regulations to
minimize litigation, (3) provide a clear legal standard for affected
conduct rather than a general standard, and (4) promote simplification
and burden reduction. Section 3(b) of Executive Order 12988
specifically requires that executive agencies make every reasonable
effort to ensure that the regulation (1) clearly specifies the
preemptive effect, if any, (2) clearly specifies any effect on existing
Federal law or regulation, (3) provides a clear legal standard for
affected conduct while promoting simplification and burden reduction,
(4) specifies the retroactive effect, if any, (5) adequately defines
key terms, and (6) addresses other important issues affecting clarity
and general draftsmanship under any guidelines issued by the Attorney
General. Section 3(c) of Executive Order 12988 requires executive
agencies to review regulations in light of applicable standards in
sections 3(a) and 3(b) to determine whether they are met or it is
unreasonable to meet one or more of them. DOE has completed the
required review and determined that, to the extent permitted by law,
the proposed rule meets the relevant standards of Executive Order
12988.
G. Review Under the Unfunded Mandates Reform Act of 1995
Title II of the Unfunded Mandates Reform Act of 1995 (``UMRA'')
requires each Federal agency to assess the effects of Federal
regulatory actions on State, local, and Tribal governments and the
private sector. Publc Law 104-4, sec. 201 (codified at 2 U.S.C. 1531).
For a proposed regulatory action likely to result in a rule that may
cause the expenditure by State, local, and Tribal governments, in the
aggregate, or by the private sector of $100 million or more in any one
year (adjusted annually for inflation), section 202 of UMRA requires a
Federal agency to publish a written statement that estimates the
resulting costs, benefits, and other effects on the national economy.
(2 U.S.C. 1532(a), (b))
[[Page 801]]
The UMRA also requires a Federal agency to develop an effective process
to permit timely input by elected officers of State, local, and Tribal
governments on a proposed ``significant intergovernmental mandate,''
and requires an agency plan for giving notice and opportunity for
timely input to potentially affected small governments before
establishing any requirements that might significantly or uniquely
affect small governments. On March 18, 1997, DOE published a statement
of policy on its process for intergovernmental consultation under UMRA.
62 FR 12820; also available at www.energy.gov/gc/office-general-counsel. DOE examined this proposed rule according to UMRA and its
statement of policy and determined that the rule contains neither an
intergovernmental mandate, nor a mandate that may result in the
expenditure of $100 million or more in any year, so these requirements
do not apply.
H. Review Under the Treasury and General Government Appropriations Act,
1999
Section 654 of the Treasury and General Government Appropriations
Act, 1999 (Pub. L. 105-277) requires Federal agencies to issue a Family
Policymaking Assessment for any rule that may affect family well-being.
This proposed rule would not have any impact on the autonomy or
integrity of the family as an institution. Accordingly, DOE has
concluded that it is not necessary to prepare a Family Policymaking
Assessment.
I. Review Under Executive Order 12630
DOE has determined, under Executive Order 12630, ``Governmental
Actions and Interference with Constitutionally Protected Property
Rights,'' 53 FR 8859 (March 18, 1988), that this proposed regulation
would not result in any takings that might require compensation under
the Fifth Amendment to the U.S. Constitution.
J. Review Under Treasury and General Government Appropriations Act,
2001
Section 515 of the Treasury and General Government Appropriations
Act, 2001 (44 U.S.C. 3516 note) provides for agencies to review most
disseminations of information to the public under guidelines
established by each agency pursuant to general guidelines issued by
OMB. OMB's guidelines were published at 67 FR 8452 (Feb. 22, 2002), and
DOE's guidelines were published at 67 FR 62446 (Oct. 7, 2002). Pursuant
to OMB Memorandum M-19-15, Improving Implementation of the Information
Quality Act (April 24, 2019), DOE published updated guidelines which
are available at www.energy.gov/sites/prod/files/2019/12/f70/DOE%20Final%20Updated%20IQA%20Guidelines%20Dec%202019.pdf. DOE has
reviewed this proposed rule under the OMB and DOE guidelines and has
concluded that it is consistent with applicable policies in those
guidelines.
K. Review Under Executive Order 13211
Executive Order 13211, ``Actions Concerning Regulations That
Significantly Affect Energy Supply, Distribution, or Use,'' 66 FR 28355
(May 22, 2001), requires Federal agencies to prepare and submit to OMB,
a Statement of Energy Effects for any proposed significant energy
action. A ``significant energy action'' is defined as any action by an
agency that promulgated or is expected to lead to promulgation of a
final rule, and that (1) is a significant regulatory action under
Executive Order 12866, or any successor order; and (2) is likely to
have a significant adverse effect on the supply, distribution, or use
of energy; or (3) is designated by the Administrator of OIRA as a
significant energy action. For any proposed significant energy action,
the agency must give a detailed statement of any adverse effects on
energy supply, distribution, or use should the proposal be implemented,
and of reasonable alternatives to the action and their expected
benefits on energy supply, distribution, and use.
The proposed regulatory action to amend the test procedure for
measuring the energy efficiency of UPSs is not a significant regulatory
action under Executive Order 12866. Moreover, it would not have a
significant adverse effect on the supply, distribution, or use of
energy, nor has it been designated as a significant energy action by
the Administrator of OIRA. Therefore, it is not a significant energy
action, and, accordingly, DOE has not prepared a Statement of Energy
Effects.
L. Review Under Section 32 of the Federal Energy Administration Act of
1974
Under section 301 of the Department of Energy Organization Act
(Pub. L. 95-91; 42 U.S.C. 7101), DOE must comply with section 32 of the
Federal Energy Administration Act of 1974, as amended by the Federal
Energy Administration Authorization Act of 1977. (15 U.S.C. 788;
``FEAA'') Section 32 essentially provides in relevant part that, where
a proposed rule authorizes or requires use of commercial standards, the
notice of proposed rulemaking must inform the public of the use and
background of such standards. In addition, section 32(c) requires DOE
to consult with the Attorney General and the Chairman of the Federal
Trade Commission (``FTC'') concerning the impact of the commercial or
industry standards on competition.
The proposed modifications to the test procedure for UPSs would
incorporate testing methods contained in certain sections of the
following commercial standard: IEC 62040-3 Ed. 3.0. DOE has evaluated
this standard and is unable to conclude whether it fully complies with
the requirements of section 32(b) of the FEAA (i.e., whether it was
developed in a manner that fully provides for public participation,
comment, and review.) DOE will consult with both the Attorney General
and the Chairman of the FTC concerning the impact of this test
procedure on competition, prior to prescribing a final rule.
M. Description of Materials Incorporated by Reference
IEC 62040-3 Ed. 3.0, ``Uninterruptible power systems (UPS)--Part 3:
Method of specifying the performance and test requirements'' is an
industry-accepted test standard that specifies methods for measuring
the efficiency of a UPS. The test procedure proposed in this NOPR
updates all references from the previous edition (IEC 62040-3 Ed. 2.0)
to this most current edition (IEC 62040-3 Ed. 3.0). IEC 62040-3 Ed. 3.0
is readily available from ANSI at webstore.ansi.org.
In this NOPR, DOE proposes to add a new section 0 (Incorporation by
Reference) to both appendices Y and Y1 listing the applicable sections
of IEC 62040-3 Ed. 3.0 that are referenced by the test procedure.
V. Public Participation
A. Participation in the Webinar
The time and date of the webinar meeting are listed in the DATES
section at the beginning of this document. Webinar registration
information, participant instructions, and information about the
capabilities available to webinar participants will be published on
DOE's website:www.energy.gov/eere/buildings/public-meetings-and-comment-deadlines. Participants are responsible for ensuring their
systems are compatible with the webinar software.
B. Procedure for Submitting Prepared General Statements for
Distribution
Any person who has an interest in the topics addressed in this
document, or
[[Page 802]]
who is representative of a group or class of persons that has an
interest in these issues, may request an opportunity to make an oral
presentation at the webinar. Such persons may submit to
[email protected]. Persons who wish to speak
should include with their request a computer file in WordPerfect,
Microsoft Word, PDF, or text (ASCII) file format that briefly describes
the nature of their interest in this proposed rulemaking and the topics
they wish to discuss. Such persons should also provide a daytime
telephone number where they can be reached.
C. Conduct of the Webinar
DOE will designate a DOE official to preside at the webinar/public
meeting and may also use a professional facilitator to aid discussion.
The meeting will not be a judicial or evidentiary-type public hearing,
but DOE will conduct it in accordance with section 336 of EPCA (42
U.S.C. 6306). A court reporter will be present to record the
proceedings and prepare a transcript. DOE reserves the right to
schedule the order of presentations and to establish the procedures
governing the conduct of the webinar/public meeting. There shall not be
discussion of proprietary information, costs or prices, market share,
or other commercial matters regulated by U.S. anti-trust laws. After
the webinar/public meeting and until the end of the comment period,
interested parties may submit further comments on the proceedings and
any aspect of the rulemaking.
The webinar will be conducted in an informal, conference style. DOE
will present a general overview of the topics addressed in this
proposed rulemaking, allow time for prepared general statements by
participants, and encourage all interested parties to share their views
on issues affecting this proposed rulemaking. Each participant will be
allowed to make a general statement (within time limits determined by
DOE), before the discussion of specific topics. DOE will permit, as
time permits, other participants to comment briefly on any general
statements.
At the end of all prepared statements on a topic, DOE will permit
participants to clarify their statements briefly. Participants should
be prepared to answer questions by DOE and by other participants
concerning these issues. DOE representatives may also ask questions of
participants concerning other matters relevant to this proposed
rulemaking. The official conducting the webinar/public meeting will
accept additional comments or questions from those attending, as time
permits. The presiding official will announce any further procedural
rules or modification of the above procedures that may be needed for
the proper conduct of the webinar/public meeting.
A transcript of the webinar will be included in the docket, which
can be viewed as described in the Docket section at the beginning of
this document. In addition, any person may buy a copy of the transcript
from the transcribing reporter.
D. Submission of Comments
DOE will accept comments, data, and information regarding this
proposed rule before or after the public meeting, but no later than the
date provided in the DATES section at the beginning of this proposed
rule.\27\ Interested parties may submit comments, data, and other
information using any of the methods described in the ADDRESSES section
at the beginning of this document.
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\27\ DOE has historically provided a 75-day comment period for
test procedure NOPRs pursuant to the North American Free Trade
Agreement, U.S.-Canada-Mexico (``NAFTA''), Dec. 17, 1992, 32 I.L.M.
289 (1993); the North American Free Trade Agreement Implementation
Act, Public Law 103-182, 107 Stat. 2057 (1993) (codified as amended
at 10 U.S.C.A. 2576) (1993) (``NAFTA Implementation Act''); and
Executive Order 12889, ``Implementation of the North American Free
Trade Agreement,'' 58 FR 69681 (Dec. 30, 1993). However, on July 1,
2020, the Agreement between the United States of America, the United
Mexican States, and the United Canadian States (``USMCA''), Nov. 30,
2018, 134 Stat. 11 (i.e., the successor to NAFTA), went into effect,
and Congress's action in replacing NAFTA through the USMCA
Implementation Act, 19 U.S.C. 4501 et seq. (2020), implies the
repeal of E.O. 12889 and its 75-day comment period requirement for
technical regulations. Thus, the controlling laws are EPCA and the
USMCA Implementation Act. Consistent with EPCA's public comment
period requirements for consumer products, the USMCA only requires a
minimum comment period of 60 days. Consequently, DOE now provides a
60-day public comment period for test procedure NOPRs.
---------------------------------------------------------------------------
Submitting comments via www.regulations.gov. The
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 itself 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. Otherwise, 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 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 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 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 www.regulations.gov
provides after you have successfully uploaded your comment.
Submitting comments via email, hand delivery/courier, or postal
mail. Comments and documents submitted via email, hand delivery/
courier, or postal mail also will be posted to 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 in 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 postal mail
or hand delivery/courier, please provide all items on a CD, if
feasible, in which case it is not necessary to submit printed copies.
No telefacsimiles (``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
[[Page 803]]
format. Provide documents that are not secured, written in English, and
that are 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. Pursuant 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 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. DOE will make
its own determination about the confidential status of the information
and treat it according to its determination.
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).
E. Issues on Which DOE Seeks Comment
Although DOE welcomes comments on any aspect of this proposal, DOE
is particularly interested in receiving comments and views of
interested parties concerning the following issues:
(1) DOE requests comment on its proposal to harmonize its
definition of a UPS with that of IEC 62040-3 Edition 3.0. Specifically,
DOE requests comment on its tentative determination that such
harmonization would not affect the current scope of the UPS test
procedure.
(2) DOE requests comment on its proposal to update its definitions
of THD, VFD UPS, VI UPS, and VFI UPC to harmonize with the IEC 62040-3
Ed 3.0 definitions.
(3) DOE requests comment on its proposal to incorporate by
reference IEC 62040-3 Ed 3.0 and to update references in appendices Y
and Y1 accordingly to reflect the renumbering of sections in IEC 62040-
3 Ed 3.0.
(4) DOE requests comment on its proposal to not modify the existing
loading points, weighting, or the overall efficiency metric in the
current UPS test procedure.
(5) DOE requests feedback on its proposal to add a method for
measuring the power consumption of UPSs at no-load as a test to be used
as the basis for any representations of no-load power consumption.
(6) DOE requests comment on the benefits and burdens of the
proposed updates and additions to the industry standard referenced in
the test procedure for UPSs.
Additionally, DOE welcomes comments on other issues relevant to the
conduct of this rulemaking that may not specifically be identified in
this document.
VI. Approval of the Office of the Secretary
The Secretary of Energy has approved publication of this notice of
proposed rulemaking and announcement of public meeting.
List of Subjects in 10 CFR Part 430
Administrative practice and procedure, Confidential business
information, Energy conservation, Household appliances, Imports,
Incorporation by reference, Intergovernmental relations, Small
businesses.
Signing Authority
This document of the Department of Energy was signed on December
16, 2022, by Francisco Alejandro Moreno, Acting Assistant Secretary for
Energy Efficiency and Renewable Energy, pursuant to delegated authority
from the Secretary of Energy. That document with the original signature
and date is maintained by DOE. For administrative purposes only, and in
compliance with requirements of the Office of the Federal Register, the
undersigned DOE Federal Register Liaison Officer has been authorized to
sign and submit the document in electronic format for publication, as
an official document of the Department of Energy. This administrative
process in no way alters the legal effect of this document upon
publication in the Federal Register.
Signed in Washington, DC, on December 19, 2022.
Treena V. Garrett,
Federal Register Liaison Officer, U.S. Department of Energy.
For the reasons stated in the preamble, DOE is proposing to amend
part 430 of Chapter II of Title 10, Code of Federal Regulations as set
forth below:
PART 430--ENERGY CONSERVATION PROGRAM FOR CONSUMER PRODUCTS
0
1. The authority citation for part 430 continues to read as follows:
Authority: 42 U.S.C. 6291-6309; 28 U.S.C. 2461 note.
0
2. Amend Sec. 430.3 by revising paragraph (p)(4) to read as follows:
Sec. 430.3 Materials incorporated by reference.
* * * * *
(p) * * *
(4) IEC Standard 62040-3 Ed. 3.0 (``IEC 62040-3 Ed. 3.0'')
Uninterruptible power systems (UPS)--Part 3: Method of specifying the
performance and test requirements, Edition 3.0, 2011-03; IBR approved
for appendices Y and Y1 to subpart B.
* * * * *
0
3. Appendix Y to subpart B of part 430 is amended by:
0
a. Revising the introductory note;
0
b. Adding section 0;
0
c. Revising sections 2.26, 2.27, 2.27.1, 2.27.2, and 2.27.3;
0
d. Revising the introductory text of section 4.2.1;
0
e. Revising the introductory text of section 4.3.3; and
0
f. Adding section 4.3.3(c).
The revisions and additions read as follows:
Appendix Y to Subpart B of Part 430--Uniform Test Method for Measuring
the Energy Consumption of Battery Chargers
Note 1: For all battery chargers, including UPSs, compliance
with the relevant standard in Sec. 430.32(z) or any representation
must be based upon results generated under the corresponding
appendix listed in the table below:
------------------------------------------------------------------------
Battery chargers
other than UPSs UPS
------------------------------------------------------------------------
Before March 7, 2023............ Use appendix Y as Use appendix Y as
codified on codified on
either January 1, either January 1,
2022, or October 2022, or October
11, 2022. 11, 2022.
After March 7, 2023 and Before Use appendix Y as Use appendix Y as
[date 30 days after UPS TP FR codified on codified on
Publication]. October 11, 2022. October 11, 2022.
[[Page 804]]
After [date 30 days after UPS TP Use appendix Y as Use appendix Y as
FR Publication] and Before codified on codified on
[date 180 days after UPS TP FR either October either October
publication]. 11, 2022, or 11, 2022, or
[date 30 days [date 30 days
after UPS TP FR after UPS TP FR
publication]. publication].
After [date 180 days after UPS Use appendix Y as Use appendix Y as
TP FR publication] and Before codified on [date codified on [date
compliance date of any new or 30 days after UPS 30 days after UPS
amended standards published any TP FR TP FR
time after September 8, 2022. publication]. publication].
After compliance date of any new Use appendix Y1... Use appendix Y1.
or amended standards published
any time after September 8,
2022.
------------------------------------------------------------------------
0. Incorporation by Reference
DOE incorporated by reference in Sec. 430.3 the entire test
standard for IEC 62040-3 Ed. 3.0. However, only enumerated
provisions of this standard are applicable to this appendix, as
follows. In cases in which there is a conflict, the language of the
test procedure in this appendix takes precedence over the referenced
test standard.
0.1 IEC 62040-3 Ed. 3.0:
(a) Section 3.5 Specified values;
(b) Section 3.5.49 total harmonic distortion
(c) 5, Electrical conditions, performance and declared values;
(d) Section 5, Electrical conditions, performance and declared
values;
(e) Section 5.2, UPS input specification, as specified in
section 2.27.2 of this appendix;
(f) Section 5.2.1--Conditions for normal mode of operation;
Clause 5.2.1.a;
(g) Clause 5.2.1.b;
(h) Section 5.2.2--Conditions to be declared by the
manufacturer; Clause 5.2.2.k;
(i) Clause 5.2.2.l;
(j) Clause 5.2.2.m;
(k) Section 5.3, UPS output specification; Section 5.3.2,
Characteristics to be declared by the manufacturer; Clause 5.3.2.b;
(l) Clause 5.3.2.c;
(m) Clause 5.3.2.d;
(n) Clause 5.3.2.e;
(o) Section 5.3.4.2, Input dependency AAA;
(p) Section 6.2, Routine test procedure; Section 6.2.2,
Electrical; Section 6.2.2.4, No load, as specified in section
4.3.3(c) of this appendix;
(q) Section 6.2.2.7, AC input failure, as specified in Note to
section 2.27.1 of this appendix;
(r) Section 6.4, Type test procedure (electrical); Section
6.4.1, Input--AC input power compatibility; Section 6.4.1.2, Steady
state input voltage tolerance and VI input independency, as
specified in Note to section 2.27.3;
(s) Section 6.4.1.3, Combined input voltage/frequency tolerance
and VFI input independency, as specified in Note to section 2.27.2
of this appendix;
(t) Annex G--AC input power failure--Test method
(u) Annex J--UPS efficiency and no load losses--Methods of
measurement, as specified in sections 4.2.1, and 4.3.3 of this
appendix.
0.2 [Reserved]
* * * * *
2.26. Total harmonic distortion (THD), expressed as a percent,
is as defined in section 3.5.49 of IEC 62040-3 Ed. 3.0.
2.27. Uninterruptible power supply or UPS means a battery
charger consisting of a combination of convertors, switches and
energy storage devices (such as batteries), constituting a power
system for maintaining continuity of load power in case of AC input
power failure.
2.27.1. Voltage and frequency dependent UPS or VFD UPS means a
UPS that protects the load from a complete loss of AC input power.
The output of a VFD UPS is dependent on changes in voltage and
frequency of the AC input power and is not intended to provide
additional voltage corrective functions, such as those arising from
the use of tapped transformers.
Note to 2.27.1: VFD input dependency may be verified by
performing the AC input failure test in section 6.2.2.7 of IEC
62040-3 Ed. 3.0 and observing that, at a minimum, the UPS switches
from normal mode of operation to battery power while the input is
interrupted.
2.27.2. Voltage and frequency independent UPS or VFI UPS means a
UPS that is independent of AC input power voltage and frequency
variations as specified and declared in section 5.2 of IEC 62040-3
Ed. 3.0 and shall protect the load against adverse effects from such
variations without discharging the energy storage device.
Note to 2.27.2: VFI input dependency may be verified by
performing the combined input voltage/frequency tolerance and VFI
input independency test in section 6.4.1.3 of IEC 62040-3 Ed. 3.0
respectively and observing that, at a minimum, the UPS produces an
output voltage and frequency within the specified output range when
the input voltage is varied by 10% of the rated input
voltage and the input frequency is varied by 2% of the
rated input frequency.
2.27.3. Voltage independent UPS or VI UPS means a UPS that
protects the load as required for VFD and also from (a) under-
voltage applied continuously to the input, and (b) over-voltage
applied continuously to the input. The output voltage of a VI UPS
shall remain within declared voltage limits (provided by voltage
corrective functions, such as those arising from the use of active
and/or passive circuits). The output voltage tolerance band shall be
narrower than the input voltage tolerance band.
Note to 2.27.3: VI input dependency may be verified by
performing the steady state input voltage tolerance test in section
6.4.1.2 of IEC 62040-3 Ed. 3.0 and ensuring that the UPS remains in
normal mode with the output voltage within the specified output
range when the input voltage is varied by 10% of the
rated input voltage.
* * * * *
4.2.1. General Setup
Configure the UPS according to Annex J.2 of IEC 62040-3 Ed. 3.0
with the following additional requirements:
* * * * *
4.3.3. Power Measurements and Efficiency Calculations
Measure input and output power of the UUT according to section
J.3 of Annex J of IEC 62040-3 Ed. 3.0, or measure the input and
output energy of the UUT for efficiency calculations with the
following exceptions:
* * * * *
(c) For voluntary representations of no-load losses, measure the
active power at the UPS input port with no load applied in
accordance with section 6.2.2.4 of IEC 62040-3 Ed. 3.0.
* * * * *
0
4. Appendix Y1 to subpart B of part 430 is amended by:
0
a. Revising the introductory note;
0
b. Adding section 0;
0
c. Revising sections 2.27, 2.28, 2.28.1, 2.28.2, and 2.28.3;
0
d. Revising the introductory text of section 4.2.1;
0
e. Revising the introductory text of section 4.3.3; and
0
f. Adding section 4.3.3(c).
The revisions and additions read as follows:
Appendix Y1 to Subpart B of Part 430--Uniform Test Method for Measuring
the Energy Consumption of Battery Chargers
Note 1: For all battery chargers, including UPSs, compliance
with the relevant standard in Sec. 430.32(z) or any representation
must be based upon results generated under the corresponding
appendix listed in the table below:
[[Page 805]]
------------------------------------------------------------------------
Battery chargers
other than UPSs UPS
------------------------------------------------------------------------
Before March 7, 2023............ Use appendix Y as Use appendix Y as
codified on codified on
either January 1, either January 1,
2022, or October 2022, or October
11, 2022. 11, 2022.
After March 7, 2023 and Before Use appendix Y as Use appendix Y as
[date 30 days after UPS TP FR codified on codified on
Publication]. October 11, 2022. October 11, 2022.
After [date 30 days after UPS TP Use appendix Y as Use appendix Y as
FR Publication] and Before codified on codified on
[date 180 days after UPS TP FR either October either October
publication]. 11, 2022, or 11, 2022, or
[date 30 days [date 30 days
after UPS TP FR after UPS TP FR
publication]. publication].
After [date 180 days after UPS Use appendix Y as Use appendix Y as
TP FR publication] and Before codified on [date codified on [date
compliance date of any new or 30 days after UPS 30 days after UPS
amended standards published any TP FR TP FR
time after September 8, 2022. publication]. publication].
After compliance date of any new Use appendix Y1... Use appendix Y1.
or amended standards published
any time after September 8,
2022.
------------------------------------------------------------------------
Manufacturers may begin to use appendix Y1 to certify compliance with
any new or amended energy conservation standards, published after
September 8, 2022, prior to the applicable compliance date for those
standards.
0. Incorporation by Reference
DOE incorporated by reference in Sec. 430.3 the entire test
standard for IEC 62040-3 Ed. 3.0. However, only enumerated
provisions of this standard are applicable to this appendix, as
follows. In cases in which there is a conflict, the language of the
test procedure in this appendix takes precedence over the referenced
test standard.
0.1 IEC 62040-3 Ed. 3.0:
(a) Section 3.5 Specified values;
(b) Section 3.5.49 total harmonic distortion;
(c) 5, Electrical conditions, performance and declared values;
(d) Section 5, Electrical conditions, performance and declared
values;
(e) Section 5.2, UPS input specification, as specified in
section 2.28.2 of this appendix;
(f) Section 5.2.1--Conditions for normal mode of operation;
Clause 5.2.1.a;
(g) Clause 5.2.1.b;
(h) Section 5.2.2--Conditions to be declared by the
manufacturer; Clause 5.2.2.k;
(i) Clause 5.2.2.l;
(j) Clause 5.2.2.m;
(k) Section 5.3, UPS output specification; Section 5.3.2,
Characteristics to be declared by the manufacturer; Clause 5.3.2.b;
(l) Clause 5.3.2.c;
(m) Clause 5.3.2.d;
(n) Clause 5.3.2.e;
(o) Section 5.3.4.2, Input dependency AAA;
(p) Section 6.2, Routine test procedure; Section 6.2.2,
Electrical; Section 6.2.2.4, No load, as specified in section
4.3.3(c) of this appendix;
(q) Section 6.2.2.7, AC input failure, as specified in Note to
section 2.28.1 of this appendix;
(r) Section 6.4, Type test procedure (electrical); Section
6.4.1, Input--AC input power compatibility; Section 6.4.1.2, Steady
state input voltage tolerance and VI input independency, as
specified in Note to section 2.28.3 of this appendix;
(s) Section 6.4.1.3, Combined input voltage/frequency tolerance
and VFI input independency, as specified in Note to section 2.28.2
of this appendix;
(t) Annex G--AC input power failure--Test method
(u) Annex J--UPS efficiency and no load losses--Methods of
measurement, as specified in sections 4.2.1 and 4.3.2 of this
appendix.
0.2 [Reserved]
* * * * *
2.27. Total harmonic distortion (THD), expressed as a percent,
is as defined in section 3.5.49 of IEC 62040-3 Ed. 3.0.
2.28. Uninterruptible power supply or UPS means a battery
charger consisting of a combination of convertors, switches and
energy storage devices (such as batteries), constituting a power
system for maintaining continuity of load power in case of AC input
power failure.
2.28.1. Voltage and frequency dependent UPS or VFD UPS means a
UPS that protects the load from a complete loss of AC input power.
The output of a VFD UPS is dependent on changes in voltage and
frequency of the AC input power and is not intended to provide
additional voltage corrective functions, such as those arising from
the use of tapped transformers.
Note to 2.28.1: VFD input dependency may be verified by
performing the AC input failure test in section 6.2.2.7 of IEC
62040-3 Ed. 3.0 and observing that, at a minimum, the UPS switches
from normal mode of operation to battery power while the input is
interrupted.
2.28.2. Voltage and frequency independent UPS or VFI UPS means a
UPS that is independent of AC input power voltage and frequency
variations as specified and declared in section 5.2 of IEC 62040-3
Ed. 3.0 and shall protect the load against adverse effects from such
variations without discharging the energy storage device.
Note to 2.28.2: VFI input dependency may be verified by
performing the combined input voltage/frequency tolerance and VFI
input independency test in section 6.4.1.3 of IEC 62040-3 Ed. 3.0
respectively and observing that, at a minimum, the UPS produces an
output voltage and frequency within the specified output range when
the input voltage is varied by 10% of the rated input
voltage and the input frequency is varied by 2% of the
rated input frequency.
2.28.3. Voltage independent UPS or VI UPS means a UPS that
protects the load as required for VFD and also from (a) under-
voltage applied continuously to the input, and (b) over-voltage
applied continuously to the input. The output voltage of a VI UPS
shall remain within declared voltage limits (provided by voltage
corrective functions, such as those arising from the use of active
and/or passive circuits). The output voltage tolerance band shall be
narrower than the input voltage tolerance band.
Note to 2.28.3: VI input dependency may be verified by
performing the steady state input voltage tolerance test in section
6.4.1.2 of IEC 62040-3 Ed. 3.0 and ensuring that the UPS remains in
normal mode with the output voltage within the specified output
range when the input voltage is varied by 10% of the
rated input voltage.
* * * * *
4.2.1. General Setup
Configure the UPS according to Annex J.2 of IEC 62040-3 Ed. 3.0
with the following additional requirements:
* * * * *
4.3.3. Power Measurements and Efficiency Calculations
Measure input and output power of the UUT according to section
J.3 of Annex J of IEC 62040-3 Ed. 3.0, or measure the input and
output energy of the UUT for efficiency calculations with the
following exceptions:
* * * * *
(c) For voluntary representations of no-load losses, measure the
active power at the UPS input port with no load applied in
accordance with section 6.2.2.4 of IEC 62040-3 Ed. 3.0.
[FR Doc. 2022-27881 Filed 1-4-23; 8:45 am]
BILLING CODE 6450-01-P