[Federal Register Volume 73, Number 159 (Friday, August 15, 2008)]
[Proposed Rules]
[Pages 48054-48083]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-18576]



[[Page 48053]]

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Part III





Department of Energy





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10 CFR Part 430



Energy Conservation Program: Test Procedures for Battery Chargers and 
External Power Supplies (Standby Mode and Off Mode) and for Multiple-
Voltage External Power Supplies; Proposed Rule

Federal Register / Vol. 73, No. 159 / Friday, August 15, 2008 / 
Proposed Rules

[[Page 48054]]


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DEPARTMENT OF ENERGY

10 CFR Part 430

[Docket No. EERE-2008-BT-TP-0004]
RIN 1904-AB75


Energy Conservation Program: Test Procedures for Battery Chargers 
and External Power Supplies (Standby Mode and Off Mode) and for 
Multiple-Voltage External Power Supplies

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

ACTION: Notice of proposed rulemaking and public meeting.

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SUMMARY: The Department of Energy (DOE) proposes to amend its test 
procedures for battery chargers and external power supplies to include 
provisions for measuring standby mode and off mode energy consumption, 
as directed by the Energy Independence and Security Act of 2007. DOE 
also proposes to add a test procedure for measuring the energy 
consumption of multiple-voltage external power supplies. In addition, 
DOE proposes to make revisions to the single-voltage external power 
supply test procedure. DOE also proposes to extend the current 
certification reporting requirements to the Class A external power 
supplies for which Congress established energy efficiency standards in 
the Energy Independence and Security Act of 2007. Finally, DOE 
announces a public meeting to receive comment on this proposal and the 
issues presented in this notice.

DATES: DOE will hold a public meeting in Washington, DC, on Friday, 
September 12, 2008, from 9 a.m. to 5 p.m. to discuss the test procedure 
Notice of Proposed Rulemaking (NOPR). DOE must receive requests to 
speak at this public meeting no later than 4 p.m., Friday, August 29, 
2008. DOE must receive a signed original and an electronic copy of 
statements to be given at the public meeting no later than 4 p.m., 
Friday, September 5, 2008.
    DOE will accept comments, data, and information regarding the NOPR 
(proposed rule) until October 29, 2008. See section IV, ``Public 
Participation,'' of this proposed rule for details.

ADDRESSES: The public meeting will be held at the U.S. Department of 
Energy, Forrestal Building, Room 1E-245, 1000 Independence Avenue, SW., 
Washington, DC 20585-0121. (Please note that foreign nationals 
participating in the public meeting are subject to advance security 
screening procedures which may take up to 30 days. If a foreign 
national wishes to participate in the workshop, please inform DOE as 
soon as possible by contacting Ms. Brenda Edwards at (202) 586-2945 so 
that the necessary procedures can be completed.)
    Any comments submitted must identify the NOPR on Test Procedures 
for Battery Chargers and External Power Supplies, and provide the 
docket number EERE-2008-BT-TP-0004 and/or Regulation Identifier Number 
(RIN) 1904-AB75. Comments may be submitted using any of the following 
methods:
    <bullet> Federal eRulemaking Portal: http://www.regulations.gov. 
Follow the instructions for submitting comments.
    <bullet> E-mail: <a href="/cdn-cgi/l/email-protection#115352375441424e457462654e41637e725174743f757e743f767e67"><span class="__cf_email__" data-cfemail="a1e3e287e4f1f2fef5c4d2d5fef1d3cec2e1c4c48fc5cec48fc6ced7">[email protected]</span></a>. Include the docket 
number EERE-2008-BT-TP-0004 and/or RIN 1904-AB75 in the subject line of 
the message.
    <bullet> Postal Mail: Mrs. Brenda Edwards, U.S. Department of 
Energy, Building Technologies Program, Mailstop EE-2J, 1000 
Independence Avenue, SW., Washington, DC 20585-0121. Please submit one 
signed paper original.
    <bullet> Hand Delivery/Courier: Mrs. Brenda Edwards, U.S. 
Department of Energy, Building Technologies Program, 6th Floor, 950 
L'Enfant Plaza, SW., Washington, DC 20024. Telephone: (202) 586-2945. 
Please submit one signed paper original.
    For detailed instructions on submitting comments and additional 
information on the rulemaking process, see section IV, ``Public 
Participation,'' of this document.
    Docket: For access to the docket to read background documents or 
comments received, visit the U.S. Department of Energy, 6th Floor, 950 
L'Enfant Plaza, SW., Washington, DC 20024, (202) 586-2945, between 9 
a.m. and 4 p.m., Monday through Friday, except Federal holidays. Please 
call Ms. Brenda Edwards at (202) 586-2945 for additional information 
about visiting the Resource Room.

FOR FURTHER INFORMATION CONTACT: Mr. Victor Petrolati, U.S. Department 
of Energy, Office of Energy Efficiency and Renewable Energy, Building 
Technologies Program, EE-2J, 1000 Independence Avenue, SW., Washington, 
DC 20585-0121. Telephone: (202) 586-4549. E-mail: 
<a href="/cdn-cgi/l/email-protection#bcead5dfc8d3ce92ecd9c8ced3d0ddc8d5fcd9d992d8d3d992dbd3ca"><span class="__cf_email__" data-cfemail="61370802150e134f310415130e0d0015082104044f050e044f060e17">[email protected]</span></a>.
    Ms. Francine Pinto or Mr. Michael Kido, U.S. Department of Energy, 
Office of the General Counsel, GC-72, 1000 Independence Avenue, SW., 
Washington, DC 20585. Telephone: (202) 586-9507. E-mail: 
<a href="/cdn-cgi/l/email-protection#85c3f7e4ebe6ecebe0abd5ecebf1eac5edf4abe1eae0abe2eaf3"><span class="__cf_email__" data-cfemail="eea89c8f808d87808bc0be87809a81ae869fc08a818bc0898198">[email protected]</span></a> or <a href="/cdn-cgi/l/email-protection#99d4f0faf1f8fcf5b7d2f0fdf6d9f1e8b7fdf6fcb7fef6ef"><span class="__cf_email__" data-cfemail="d09db9b3b8b1b5bcfe9bb9b4bf90b8a1feb4bfb5feb7bfa6">[email protected]</span></a>.
    For information on how to submit or review public comments and on 
how to participate in the public meeting, contact Ms. Brenda Edwards, 
U.S. Department of Energy, Office of Energy Efficiency and Renewable 
Energy, Building Technologies Program, EE-2J, 1000 Independence Avenue, 
SW., Washington, DC 20585-0121. Telephone: (202) 586-2945. E-mail: 
<a href="/cdn-cgi/l/email-protection#7c3e0e1912181d5239180b1d0e180f3c191952181319521b130a"><span class="__cf_email__" data-cfemail="8eccfcebe0eaefa0cbeaf9effceafdceebeba0eae1eba0e9e1f8">[email protected]</span></a>.

SUPPLEMENTARY INFORMATION:

I. Background and Legal Authority
II. Summary of the Proposal
    A. Standby Mode and Off Mode
    B. Multiple-Voltage External Power Supplies
    C. External Power Supply Definitions
    D. Single-Voltage External Power Supply Test Procedure 
Amendments
    E. Switch-Selectable Single-Voltage External Power Supplies
    F. Submission of Certification Test Data to DOE
III. Discussion
    A. Standby Mode and Off Mode
    1. Battery Chargers
    i. Definitions
    ii. Test Method
    2. External Power Supplies
    i. Definitions
    ii. Test Method
    B. Multiple-Voltage External Power Supplies
    1. Test Apparatus and General Instructions
    i. Measurement Resolution and Uncertainty
    ii. AC Source Voltage Requirement
    iii. AC Source Distortion Requirement
    iv. Test Lead Loss Measurement
    2. Test Measurement
    i. Power Measurement Stability Requirement
    ii. Loading Conditions
    iii. Proportional Allocation
    iv. Minimum Output Current Requirement
    v. No-Load Mode Testing
    C. External Power Supply Test Procedure Definitions
    1. Revisions to Existing Definitions
    2. New Definitions
    D. Single-Voltage External Power Supply Test Procedure 
Amendments
    1. Measurement Resolution and Uncertainty
    2. AC Source Voltage Requirement
    3. AC Source Distortion Requirement
    4. Test Lead Loss Measurement
    5. Power Measurement Stability Requirement
    E. Switch-Selectable Voltage External Power Supplies
    F. Submission of Certification Test Data to DOE
    1. Background
    i. Definition of ``Basic Model''
    ii. Definition of ``Covered Product''
    iii. Sampling Plan
    iv. Test Procedures
    v. Enforcement Provisions
    2. Alternative Reporting Methodology Under Consideration
IV. Public Participation
    A. Attendance at Public Meeting

[[Page 48055]]

    B. Procedure for Submitting Requests to Speak
    C. Conduct of Public Meeting
    D. Submission of Comments
    E. Issues on Which DOE Seeks Comment
    1. Standby Mode and Off Mode
    2. Definitions in the Test Procedures
    3. Measurement Resolution and Uncertainty
    4. AC Source Voltage Requirements
    5. Test Lead Loss Measurement
    6. Power Measurement Stability Requirements
    7. Loading Conditions for Multiple-Voltage External Power 
Supplies
    8. Single-Voltage External Power Supply Test Procedure
    9. Switch-Selectable Single-Voltage External Power Supplies
    10. Submission of Certification Test Data to DOE
V. Procedural Issues and Regulatory Review
    A. Review Under Executive Order 12866
    B. Review Under the Regulatory Flexibility Act
    C. Review Under the Paperwork Reduction Act
    D. Review Under the National Environmental Policy Act
    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 the 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
VI. Approval of the Office of the Secretary

I. Background and Legal Authority

    Title III of the Energy Policy and Conservation Act (EPCA) (42 
U.S.C. 6291, et seq.) sets forth a variety of provisions designed to 
improve energy efficiency. Part A of Title III (42 U.S.C. 6291-6309) 
establishes the ``Energy Conservation Program for Consumer Products 
Other Than Automobiles.'' The consumer and commercial products 
currently subject to this program (hereinafter referred to as ``covered 
products'') include battery chargers and external power supplies 
(collectively referred to as ``BCEPS''). Manufacturers of covered 
products are required to use the relevant DOE test procedures to 
certify compliance with the energy conservation standards adopted under 
EPCA. The statutory provisions of particular relevance to today's 
notice of proposed rulemaking (NOPR) are discussed immediately below.
    Section 323(b) of EPCA authorizes DOE to amend or establish new 
test procedures as appropriate for each of the covered products. (42 
U.S.C. 6293(b)) This section provides that ``[a]ny test procedures 
prescribed or amended under this section shall be reasonably designed 
to produce test results which measure energy efficiency, energy use, 
water use (in the case of showerheads, faucets, water closets and 
urinals), or estimated annual operating cost of a covered product 
during a representative average use cycle or period of use, as 
determined by the Secretary [of Energy], and shall not be unduly 
burdensome to conduct.'' (42 U.S.C. 6293(b)(3)) In addition, EPCA 
states that DOE ``shall determine, in the rulemaking carried out with 
respect to prescribing such procedure, to what extent, if any, the 
proposed test procedure would alter the measured energy efficiency, 
measured energy use, or measured water use of any covered product as 
determined under the existing test procedure.'' (42 U.S.C. 6293(e)(1))
    Of particular relevance to the present rulemaking, section 135 of 
the Energy Policy Act of 2005 (EPACT), Public Law 109-58, amended 
sections 321 and 325 of EPCA by providing definitions for battery 
chargers and external power supplies and directing the Secretary to 
prescribe ``definitions and test procedures for the power use of 
battery chargers and external power supplies.'' (42 U.S.C. 
6295(u)(1)(A)) DOE complied with this requirement by publishing the 
test procedure final rule, 71 FR 71340, on December 8, 2006, which 
included definitions and test procedures for battery chargers and 
external power supplies. DOE codified a test procedure for battery 
chargers in Appendix Y to subpart B of part 430 in Title 10 of the Code 
of Federal Regulations (CFR) (``Uniform Test Method for Measuring the 
Energy Consumption of Battery Chargers'') (hereinafter referred to as 
``Appendix Y'') and a test procedure for external power supplies in 
Appendix Z to subpart B of 10 CFR part 430 (``Uniform Test Method for 
Measuring the Energy Consumption of External Power Supplies'') 
(hereinafter referred to as ``Appendix Z'').
    DOE published a subsequent notice of public meeting and 
availability of documentation for public review on December 29, 2006. 
71 FR 78389. This public meeting was called a ``Scoping Workshop'' and 
focused on DOE's plans for developing energy conservation standards for 
battery chargers and external power supplies. The Scoping Workshop was 
held at DOE's Forrestal Building in Washington, DC, on January 24, 
2007. Information pertaining to the Scoping Workshop is available at 
http://www.eere.energy.gov/buildings/appliance_standards/residential/battery_external.html .
    On December 19, 2007, the Energy Independence and Security Act of 
2007 (EISA), Public Law 110-140, amended sections 321, 323, and 325 of 
EPCA with regard to external power supplies and battery chargers. 
Section 301 of EISA amended section 321 of EPCA, by modifying some of 
the definitions pertaining to external power supplies. EPACT had 
amended EPCA to define an external power supply as ``an external power 
supply circuit that is used to convert household electric current into 
DC current or lower-voltage AC current to operate a consumer product'' 
\1\ (42 U.S.C. 6291(36)(A)) but section 301 of EISA further amended 
this definition by creating a subset of external power supplies called 
Class A External Power Supplies. EISA defined this subset as those 
external power supplies that, in addition to meeting several other 
requirements common to all external power supplies,\2\ are ``able to 
convert to only 1 AC or DC output voltage at a time'' and that have 
``nameplate output power that is less than or equal to 250 watts.'' (42 
U.S.C. 6291(36)(C)(i)) Section 301 also amended EPCA to establish 
minimum standards for these products, effective July 1, 2008, see 42 
U.S.C. 6295(u)(3)(A), and directed DOE to publish a final rule by July 
1, 2011 to determine whether these energy conservation standards for 
external power supplies should be amended. (42 U.S.C. 6295(u)(3)(D))
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    \1\ The terms ``AC'' and ``DC'' refer to the polarity (i.e., 
direction) and amplitude of current and voltage associated with 
electrical power. For example, mains power, that which is found in a 
household wall socket, is alternating current, or ``AC'', and it 
varies in amplitude and reverses polarity. In contrast, the power 
supplied by a battery or solar cell is direct current, or ``DC,'' 
which is constant in both amplitude and polarity.
    \2\ The full EISA definition of a class A external power supply 
includes a device that ``(I) is designed to convert line voltage AC 
input into lower voltage AC or DC output; (II) is able to convert to 
only 1 AC or DC output voltage at a time; (III) is sold with, or 
intended to be used with, a separate end-use product that 
constitutes the primary load; (IV) is contained in a separate 
physical enclosure from the end-use product; (V) is connected to the 
end-use product via a removable or hard-wired male/female electrical 
connection, cable, cord, or other wiring; and (VI) has nameplate 
output power that is less than or equal to 250 watts.'' (42 U.S.C. 
6291(36)(C)(i))
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    Further, section 309 of EISA amended EPCA by directing DOE to issue 
a final rule by July 1, 2011 that prescribes energy conservation 
standards for battery chargers or classes of battery chargers or 
determine that no energy conservation standard is technologically 
feasible and economically justified for battery chargers. (42 U.S.C. 
6295(u)(1)(E)(i)(II)) DOE plans to bundle this battery charger 
rulemaking proceeding with the requirement to evaluate amendments to 
the energy conservation standards for external

[[Page 48056]]

power supplies mentioned above, since both must be completed by July 1, 
2011. See EISA, section 301(c).
    In addition, section 309 of EISA amended section 325(u)(1)(E) of 
EPCA, instructing DOE to issue ``a final rule that determines whether 
energy conservation standards shall be issued for external power 
supplies or classes of external power supplies.'' (42 U.S.C. 
6295(u)(1)(E)(i)(I)) DOE, however, cannot conduct a determination 
analysis on whether it should issue conservation standards for a 
product for which standards have already been set by Congress in 
section 301(c) of EISA (i.e., Class A external power supplies). 
Furthermore, section 325(u)(1)(E) of EPCA, as amended by EISA, directs 
DOE to complete this determination analysis ``No later than 2 years 
after the date of enactment of this subsection.'' (42 U.S.C. 
6295(u)(1)(E)(I)) This subsection, however, is a result of EPACT, which 
was signed into law on August 8, 2005. Interpreting this subsection 
strictly as amended by EISA would place the determination analysis 
final rule issue date on August 8, 2007, almost four months prior to 
the passage of EISA.
    To resolve these inconsistencies, DOE interprets the ``date of 
enactment of this subsection'' (42 U.S.C. 6295(u)(1)(E)(I)) as the date 
of passage of EISA, namely December 19, 2007. In this context, DOE 
interprets sections 301 and 309 of EISA jointly as a requirement to 
determine, by December 19, 2009, whether energy conservation standards 
shall be issued for non-Class A external power supplies. Examples of 
non-Class A external power supplies include those with a nameplate 
output power rating greater than 250 watts (W) and those able to 
convert to more than one AC or DC output voltage at the same time 
(i.e., multiple-voltage external power supplies). These non-Class A 
external power supplies appear to constitute a significant group of 
products, powering applications such as radio transceivers, video game 
consoles, and printers. Although the current DOE external power supply 
test procedure (Appendix Z) can test high-power external power 
supplies, it cannot accommodate external power supplies that convert to 
more than one output voltage simultaneously. Therefore, in today's 
notice, DOE proposes to amend its test procedure to allow for the 
testing of multiple-voltage external power supplies.
    EISA also amended section 325 of EPCA to establish definitions for 
active mode, standby mode, and off mode and directs DOE to amend its 
existing test procedures by December 31, 2008 for both battery chargers 
and external power supplies to measure the energy consumed in standby 
mode and off mode. See EISA, section 310. It also authorizes the 
Department to amend, by rule, any of the definitions for active, 
standby, and off mode so long as the Department takes into 
consideration the most current versions of Standards 62301 (``Household 
Electrical Appliances--Measurement of Standby Power'') and 62087 
(``Methods of Measurement for the Power Consumption of Audio, Video and 
Related Equipment'') of the International Electrotechnical Commission 
(IEC). (See EPCA Sec. 325(gg)(2)(A) and 42 U.S.C. 6295(gg)(2)(A)). 
Consistent with this authority, today's NOPR proposes amended 
definitions for these terms that take into consideration IEC Standards 
62031 and 62087 and adapt the definitions to how consumers use battery 
chargers and external power supplies.
    Finally, in light of Congress's establishment of energy efficiency 
standards for Class A external power supplies, DOE proposes to extend 
the certification reporting requirements of 42 U.S.C. 6296, which are 
promulgated at 10 CFR 430.62, to cover these products. This extension 
is consistent with current requirements for manufacturers of covered 
products and would continue to use the existing requirements and form 
found in 10 CFR part 430, subpart F, appendix A.\3\
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    \3\ The Office of Management and Budget (OMB) previously 
approved the collection of this information on September 27, 2007. 
See Notice of Office of Management and Budget Action, OMB Control 
No. 1910-1400, available at http://www.reginfo.gov/public/do/PRAMain. The supporting statement accompanying DOE's request for an 
extension of its clearance under the Paperwork Reduction Act to 
collect this information identifies the potential inclusion of 
additional respondents as a result of changes introduced by the 
Energy Policy Act of 2005. See DOE Supporting Statement for 
Paperwork Reduction Act Submission, OMB Control Number 1910-1400 
(May 31, 2007). Battery charger and external power supply 
manufacturers were part of this new group of potential respondents.
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    DOE plans to publish a final rule by December 31, 2008, the 
statutory deadline for a final rule amending the test procedure, to 
measure energy consumption in off mode and standby mode for battery 
chargers and external power supplies. (42 U.S.C. 6295(gg)(2)(B)) 
Because of this deadline, the sections of this proposal concerning 
standby mode and off mode are of highest priority. If commenters 
clearly indicate that further evaluation of the other issues presented 
in this NOPR is needed, these issues will be addressed in a separate 
rulemaking. This approach would avoid delaying the standby mode and off 
mode test procedure final rule.
    For each of the various items discussed below, DOE invites 
stakeholder comments on these proposed amendments to the Department's 
test procedures.

II. Summary of the Proposal

    In this NOPR, DOE proposes to modify the current test procedures 
for battery chargers and external power supplies to achieve the 
following objectives:
    (1) Address the statutory requirement to expand test procedures to 
incorporate measurement of standby mode and off mode energy 
consumption;
    (2) Expand the external power supply test procedure to accommodate 
certain non-Class A external power supplies that DOE will evaluate in 
the determination analysis;
    (3) Revise and adopt definitions pertaining to testing of external 
power supplies for increased clarity;
    (4) Incorporate certain technical changes and clarifications to the 
test procedure for single-voltage external power supplies to improve 
the accuracy and practicability of the test procedure; and
    (5) Incorporate requirements for the submission of certification 
test data pertaining to external power supplies subject to minimum 
efficiency standards effective July 1, 2008.
    Table 1 lists the sections of 10 CFR part 430 affected by the 
amendments proposed in this NOPR. The left column in Table 1 cites the 
locations in the CFR where DOE proposes changes, which are listed in 
the right column.

 Table 1--Summary of Changes Proposed in This NOPR and Affected Sections
                           of 10 CFR Part 430
------------------------------------------------------------------------
                                               Summary of proposed
  Existing section in 10 CFR part 430             modifications
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Section 430.22 of subpart B--Reference   <bullet> Inserts new technical
 Sources.                                 references.
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[[Page 48057]]

 
Section 430.23 of subpart B--Test        <bullet> Modifies `(aa) battery
 procedures for the measurement of        charger' and `(bb) external
 energy and water consumption.            power supply' to include
                                          energy consumption in standby
                                          mode and off mode.
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Appendix Y to subpart B of part 430--
 Uniform Test Method for Measuring the
 Energy Consumption of Battery
 Chargers:
    1. Scope...........................  <bullet> No change.
    2. Definitions.....................  <bullet> Modifies the
                                          definition for standby mode.
    3. Test Apparatus and General        <bullet> Inserts a definition
     Instructions.                        for off mode.
    4. Test Measurement................  <bullet> No change.
                                         <bullet> Inserts procedures to
                                          measure energy consumption in
                                          standby mode and off mode.
------------------------------------------------------------------------
Appendix Z to subpart B of part 430--
 Uniform Test Method for Measuring the
 Energy Consumption of External Power
 Supplies:
    1. Scope...........................  <bullet> Modifies scope to
                                          encompass all types of energy
                                          consumption of external power
                                          supplies.
    2. Definitions.....................  <bullet> Modifies existing
                                          definitions for:
                                           [cir] Active mode.
                                           [cir] Active mode efficiency.
                                           [cir] No-load mode.
                                           [cir] Total harmonic
                                         distortion.
                                           [cir] True power factor.
                                         <bullet> Inserts new
                                          definitions for:
                                           [cir] Active power.
                                           [cir] Ambient temperature.
                                           [cir] Apparent power.
                                           [cir] Instantaneous power.
                                           [cir] Minimum output current.
                                           [cir] Multiple-voltage
                                         external power supply.
                                           [cir] Nameplate input
                                         frequency.
                                           [cir] Nameplate input
                                         voltage.
                                           [cir] Nameplate output
                                         current.
                                           [cir] Nameplate output power.
                                           [cir] Nameplate output
                                         voltage.
                                           [cir] Off mode.
                                           [cir] Output bus.
                                           [cir] Standby mode.
                                           [cir] Switch-selectable
                                         single-voltage external power
                                         supply.
                                           [cir] Unit under test.
    3. Test Apparatus and General        <bullet> Divides section 3 into
     Instructions.                        3(a) for single-voltage EPSs
                                          and 3(b) for multiple-voltage
                                          EPSs.
                                         <bullet> Maintains the existing
                                          test procedure for single-
                                          voltage EPSs in 3(a).
                                         [cir] Considers adopting
                                          slightly revised requirements
                                          in 3(a), to be consistent with
                                          proposal in 3(b).
                                         <bullet> Inserts 3(b) for
                                          multiple-voltage external
                                          power supplies with
                                          requirements based on other
                                          established test procedures.
------------------------------------------------------------------------
    4. Test Measurement................  <bullet> Demarcates 4(a) for
                                          single-voltage external power
                                          supplies.
                                         [cir] Maintains existing
                                          procedure for active mode and
                                          standby mode measurements.
                                         [cir] Inserts new procedure for
                                          measuring off mode.
                                         <bullet> Inserts 4(b) for
                                          multiple-voltage external
                                          power supplies.
                                         [cir] Inserts new procedures
                                          for measuring active mode,
                                          standby mode, and off mode.
------------------------------------------------------------------------
Section 430.62 of subpart F--Submission  <bullet> Inserts submission
 of Data.                                 requirement for active mode
                                          efficiency and no-load power
                                          consumption data for Class A
                                          external power supplies.
------------------------------------------------------------------------

    In developing today's proposed test procedure amendments, DOE 
examined IEC Standard 62301 \4\ and the ENERGY STAR test procedures for 
battery charging systems,\5\ external power supplies,\6\ and internal 
power supplies.\7\

[[Page 48058]]

These industry references were either statutorily mandated (as in the 
case of IEC Standard 62301), or were developed in a publicly-
consultative process and adopted by the U.S. Environmental Protection 
Agency (EPA) for the purpose of testing performance characteristics of 
these same products to determine their qualification for the ENERGY 
STAR program. Consistent with EISA's requirements, DOE also considered 
the requirements of IEC Standard 62087, which addresses the methods to 
measure the power consumption of audio, video and related equipment. 
Since this IEC Standard focuses only on audio, video, and related 
equipment that tends to incorporate internal power supplies, DOE found 
the scope of IEC Standard 62087 to be too narrow for the purposes of 
evaluating standby mode and off mode test procedures for battery 
chargers and external power supplies, which are used with a large 
variety of products beyond audio and video equipment, such as 
telecommunications devices and computers. DOE therefore concludes that 
this standard's provisions are not germane in assisting the Department 
with developing standby mode and off mode test procedures for the 
products covered in today's NOPR. As to Standard 62301 and the ENERGY 
STAR test procedures, DOE considered the impact of each proposed change 
to ensure that these revisions would not result in test procedures that 
are unduly burdensome to conduct.
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    \4\ IEC 62301 ``Household Electrical Appliances--Measurement of 
Standby Power,'' International Electrotechnical Commission, First 
edition, June 2005.
    \5\ ``Test Methodology for Determining the Energy Performance of 
Battery Charging Systems,'' Environmental Protection Agency, 
December 2005.
    \6\ ``Test Method for Calculating the Energy Efficiency of 
Single-Voltage External Ac-Dc and Ac-Ac Power Supplies,'' California 
Energy Commission Public Interest Energy Research Program, August 
11, 2004.
    \7\ ``Proposed Test Protocol for Calculating the Energy 
Efficiency of Internal Ac-Dc Power Supplies,'' Revision 6.2, 
California Energy Commission Public Interest Energy Research 
Program, November 2007.
---------------------------------------------------------------------------

    DOE also examined whether the proposed amendments to its test 
procedures would significantly change the measured power consumption or 
efficiency of the battery charger or external power supply. This issue 
is particularly important for external power supplies because EISA 
amended section 325 of EPCA to establish minimum efficiency standards 
for external power supplies that took effect on July 1, 2008. As 
explained in greater detail later, DOE believes that today's proposed 
amendments neither alter the measured energy efficiency of the tested 
products nor do they add any additional burden on the industry to 
implement because the proposed changes only provide additional 
clarifications to the test procedures for devices that have an on-off 
switch. Thus, DOE proposes to amend its test procedures in the manner 
discussed in the following sections.
    DOE welcomes comments on all aspects of this proposal.

A. Standby Mode and Off Mode

    Section 310 of EISA amended section 325(gg) of EPCA by directing 
DOE to amend its test procedures to incorporate a measure of standby 
mode and off mode energy consumption if feasible. (42 U.S.C. 
6295(gg)(2)) Section 310 also inserted definitions for off mode and 
standby mode, which affected EPCA sections 325(gg)(1)(A)(ii) and (iii). 
These definitions, however, as fully explained in the later discussion, 
do not apply appropriately to all battery chargers and external power 
supplies. For instance, under the definition for standby mode for 
battery chargers, it is unclear whether a battery charger is in standby 
mode when a thermal sensor triggers a cooling fan. Consequently, these 
definitions would create confusion in how certain features contained in 
these products should be treated during testing.
    In today's notice, DOE proposes to (1) adapt the definitions of 
standby mode and off mode that would more appropriately apply to 
battery chargers and external power supplies, and (2) revise the test 
procedures for battery chargers and external power supplies to measure 
standby mode and off mode energy consumption.
    For battery chargers, DOE proposes to define standby mode as the 
condition in which the charger is connected to the main electricity 
supply and no battery is installed in the charger. For external power 
supplies, DOE proposes to define standby mode as the condition in which 
the power supply is connected to the main electricity supply and the 
output is not connected to any consumer product. Additionally, if the 
battery charger or external power supply has any on-off switches, DOE 
proposes that all switches be turned on during the measurement of 
energy consumption in standby mode.
    For off mode, DOE proposes that this condition apply only to 
battery chargers and external power supplies equipped with on-off 
switches. For these products, DOE proposes that off mode power 
consumption be measured as the power consumed while all switches are 
turned off. A detailed discussion of the proposed definitions and test 
procedures for standby and off mode follows in section III.A, below.

B. Multiple-Voltage External Power Supplies

    Section 309 of EISA amended section 325 of EPCA to direct DOE to 
conduct a determination analysis for external power supplies not 
subject to the Class A external power supply standard. This broad group 
includes external power supplies with multiple simultaneous outputs at 
more than one voltage. DOE is not aware of any existing test procedure 
developed specifically to measure the efficiency or energy consumption 
of multiple-voltage external power supplies. To help in developing such 
a procedure, DOE reviewed related test procedures currently in use. As 
a result, today's proposed rule is based on two California Energy 
Commission (CEC) test procedures, the ``Test Method for Calculating the 
Energy Efficiency of Single-Voltage External Ac-Dc and Ac-Ac Power 
Supplies,'' August 11, 2004 (hereinafter called the ``CEC EPS Test 
Procedure''), and the ``Proposed Test Protocol for Calculating the 
Energy Efficiency of Internal Ac-Dc Power Supplies, Revision 6.2,'' 
November 2007 (hereinafter called the ``CEC IPS Test Procedure'').
    DOE's proposed amendment follows the structure of the CEC EPS Test 
Procedure but incorporates language addressing test methods from both 
CEC test procedures. As part of this amendment, DOE is also proposing 
new language necessary for testing multiple-voltage external power 
supplies and certain test method changes to improve the overall 
accuracy and practicability of the procedure. Incorporating this 
amendment into the external power supply test procedure would enable 
DOE to evaluate power consumption for multiple-voltage external power 
supplies in all modes of operation: Active mode, no-load mode (i.e., 
``standby mode''), and off mode. A detailed discussion of DOE's 
proposed test procedure for multiple-voltage external power supplies 
can be found in section III.B, below.

C. External Power Supply Definitions

    In light of the EISA amendments to EPCA, DOE reviewed the relevant 
portions of 10 CFR part 430 and determined that amending some of the 
definitions in part 430 would help improve the clarity of the external 
power supply test procedure. To achieve this goal, DOE proposes to 
update certain definitions in Appendix Z based on CEC's test procedures 
for external and internal power supplies, IEC Standard 62301, Institute 
of Electrical and Electronics Engineers (IEEE) Standard 1515-2000,\8\ 
and IEEE Standard 100.\9\ More specifically, DOE

[[Page 48059]]

proposes modifications to the current definitions of ``active mode,'' 
``active mode efficiency,'' ``no-load mode,'' ``total harmonic 
distortion,'' and ``true power factor.'' In addition, today's notice 
proposes to add definitions for ``active power,'' ``ambient 
temperature,'' ``apparent power,'' ``instantaneous power,'' ``minimum 
output current,'' ``multiple-voltage external power supply,'' 
``nameplate input frequency,'' ``nameplate input voltage,'' ``nameplate 
output current,'' ``nameplate output power,'' ``nameplate output 
voltage,'' ``off mode,'' ``output bus,'' ``switch-selectable single-
voltage external power supply,'' ``standby mode,'' and ``unit under 
test.'' A detailed discussion of these proposed modified and new 
definitions follows in section III.C, below.
---------------------------------------------------------------------------

    \8\ IEEE 1515-2000. ``IEEE Recommended Practice for Electronic 
Power Subsystems: Parameter Definitions, Test Conditions, and Test 
Methods,'' Institute of Electrical and Electronics Engineers. March 
2000.
    \9\ IEEE 100. ``The IEEE Standard Dictionary of Electrical and 
Electronics Terms'' Institute of Electrical and Electronics 
Engineers. Sixth Edition, 1999.
---------------------------------------------------------------------------

D. Single-Voltage External Power Supply Test Procedure Amendments

    DOE is also considering making limited changes to the test 
procedure for single-voltage external power supplies. Specifically, DOE 
would revise the test conditions (section 3 of Appendix Z) to account 
for the limitations of test equipment and laboratory conditions. DOE 
believes that these changes would reduce the testing burden and would 
not negatively affect the accuracy or repeatability of measurement 
results. DOE is also considering making a revision to the test 
measurement procedure (section 4 of Appendix Z) to amend the test 
measurements to require increased stability before conducting power 
measurements. Increased stability before conducting power measurements 
will enhance the accuracy and repeatability of the measurements. 
Specific descriptions of the changes under consideration, as well as 
additional discussion, can be found in section III.D, below.

E. Switch-Selectable Single-Voltage External Power Supplies

    Finally, DOE proposes to clarify in today's notice the method by 
which single-voltage external power supplies that incorporate a switch-
selectable output voltage should be tested because the scope of the 
current test procedure includes switch-selectable EPSs, but the test 
procedure does not sufficiently specify how to test them. For these 
external power supplies, DOE proposes that testing be conducted twice: 
First with the output voltage set to the minimum voltage and second 
with the output voltage set to the maximum voltage. Under DOE's 
proposed procedure, an external power supply with a switch-selectable 
output voltage would be considered in compliance with an energy 
efficiency standard when it meets or exceeds the minimum requirements 
at both its lowest and highest selectable output voltages.
    DOE proposes this approach for two reasons. First, the efficiency 
of a switch-selectable external power supply is highest at the highest 
output voltage setting and lowest at the lowest setting. Measuring the 
efficiency at the two voltage extremes bounds the range of possible 
efficiencies of the device such that the efficiency at any other 
voltage setting would fall between these two measurements. Second, this 
proposal is consistent with how other countries, including New Zealand 
and Australia,\10\ are considering requiring the testing of switch-
selectable single-voltage external power supplies.
---------------------------------------------------------------------------

    \10\ DOE is not aware of any other countries that specifically 
address the testing of switch-selectable external power supplies.
---------------------------------------------------------------------------

F. Submission of Certification Test Data to DOE

    As part of the overall national regulatory program, manufacturers 
of covered and regulated products must report to DOE that the products 
they manufacture are in compliance with the applicable energy 
conservation standards. EISA established standards for Class A external 
power supplies that took effect on July 1, 2008. Given that 
development, DOE must now establish the certification and enforcement 
procedures that manufacturers of these covered products would follow.
    DOE proposed certification and enforcement procedures for battery 
chargers and external power supplies on July 25, 2006. 71 FR 42178. 
While some of the provisions from that proposal remain pending, DOE 
finalized two aspects of that NOPR on December 8, 2006: (1) Definitions 
in 10 CFR 430.2 of ``basic model'' and ``covered product'' as they 
apply to battery chargers and external power supplies and (2) test 
procedures for measuring the energy efficiency of battery chargers 
(Appendix Y) and external power supplies (Appendix Z). 71 FR 71340.
    Also in the July 25, 2006 notice, DOE proposed a sampling plan for 
battery chargers and external power supplies to be codified under 10 
CFR 430.24, ``Units to be tested.'' 71 FR at 42204. The sampling plan 
would provide manufacturers with guidance on selecting units from their 
production run of covered products, to test those samples and 
demonstrate compliance with the new standard.
    EISA amended section 325(u) of EPCA by establishing minimum 
efficiency standards for ``Class A'' external power supplies. (42 
U.S.C. 6295(u)(6)) Previously, DOE had no reporting requirements for 
either battery chargers or external power supplies since there was no 
Federal standard in place for either product because EPACT's amendments 
(Pub. L. 109-58, section 135(c)(4)) to EPCA directed DOE only to 
determine whether to adopt energy conservation standards for battery 
chargers and external power supplies. Consistent with the EISA 
amendment and the requirements already contained in 10 CFR part 430, 
DOE proposes that manufacturers of Class A external power supplies 
report the active mode efficiency (as a percentage) and the no-load 
mode power consumption (in watts) of these products to DOE. This 
proposal is discussed further in section III.F.

III. Discussion

    As noted above, Congressional directives and the need to 
incorporate definitions used in test procedures to improve the current 
test procedures employed by DOE serve as the primary reasons for this 
NOPR. Each element that DOE proposes to modify in today's notice to 
satisfy the new statutory requirements from EISA is discussed in detail 
below.

 A. Standby Mode and Off Mode

    DOE developed today's proposed amendments to the battery charger 
and external power supply test procedures to satisfy the standby mode 
and off mode requirements in EPCA, as amended by EISA. Section 310(3) 
of EISA amended section 325 of EPCA by inserting new subsection (gg) 
(42 U.S.C. 6295(gg)) to require that DOE amend its test procedures for 
battery chargers and external power supplies to include measurements of 
standby mode and off mode energy consumption. Congress authorized DOE 
to amend these definitions so long as the Department took into 
consideration the most current versions of IEC standards 62301 and 
62087 when amending the definitions. DOE test procedures are based on 
CEC and ENERGY STAR test procedures, both of which reference IEC 62301. 
Thus, in addition to directly considering IEC 62301, DOE also 
considered the standard indirectly, as parts of it were used in other 
test procedures. Section 310(3) also provided definitions of off mode 
and standby mode that modified EPCA sections 325(gg)(1)(A)(ii) and 
(iii). As is explained later below, these definitions, however, are not 
appropriate when applied to battery

[[Page 48060]]

chargers and external power supplies because of potential confusion in 
how to treat particular features that may be contained in these 
products.
    Under EISA, DOE is required to amend its test procedures to measure 
standby mode and off mode for both battery chargers and external power 
supplies by December 31, 2008. Consequently, consistent with the 
authority granted by Congress, DOE is modifying the definitions for 
these terms and the proposed amendments in this notice would (1) adopt 
appropriate definitions of standby mode and off mode that provide a 
better fit for these products, and (2) revise the test methods for 
measuring energy consumption in these two modes as needed to 
incorporate them into DOE's test procedures. These proposed revisions 
to the test procedures would apply to both battery chargers and 
external power supplies and are discussed below.
 1. Battery Chargers
    DOE adopted a test procedure for battery chargers (Appendix Y) in a 
final rule published on December 8, 2006. 71 FR at 71368. DOE's test 
procedure measures the energy consumed by battery chargers in battery 
maintenance mode and standby mode (also called no-load mode) and 
combines these two measured quantities into a single energy ratio. 
Although both the current DOE test procedure and EISA define the term 
``standby mode'' in the context of battery chargers, as discussed 
below, the definitions are different. Furthermore, applying the 
definition of ``off mode'' contained in EISA to battery chargers 
requires modification to ensure that all modes of battery charger use 
are tested by DOE's test procedure. The revisions proposed in today's 
notice would help ensure that DOE's test procedures sufficiently cover 
the appropriate elements of both modes of use. Accordingly, DOE 
proposes to revise the definitions of standby mode and off mode as 
applied to battery chargers.
i. Definitions
Standby Mode
    In its 2006 final rule, DOE defined ``standby mode'' as ``the mode 
of operation when the battery charger is connected to the main 
electricity supply and the battery is not connected to the charger.'' 
71 FR at 71368. In layman's terms, standby mode is the state of an 
appliance when it is not performing its primary function--in the case 
of battery chargers, that function would be maintaining a fully charged 
battery or recharging a discharged battery. This definition was adapted 
from the December 2005 ENERGY STAR Eligibility Criteria for Products 
with Battery Charging Systems, which defines standby mode, in part, as 
``the condition in which no battery is present in the charger, or where 
the battery is integral to a product, the product is not attached to 
the charger, but the charger is plugged in and drawing power.'' The 
ENERGY STAR definition also notes that standby mode ``represents the 
lowest power consumption mode which cannot be switched off (influenced) 
by the user and that may persist for an indefinite time when an 
appliance is connected to the main electricity supply and used in 
accordance with the manufacturer's instructions.'' This part of the 
definition is derived from the definition of standby power found in IEC 
Standard 62301.\11\
---------------------------------------------------------------------------

    \11\ IEC Standard 62301 defines standby power as the ``lowest 
power consumption mode which cannot be switched off (influenced) by 
the user and that may persist for an indefinite time when an 
appliance is connected to the main electricity supply and used in 
accordance with the manufacturer's instructions.'' IEC Standard 
62301, section 3.1.
---------------------------------------------------------------------------

    In contrast, section 310(3) of EISA defined ``standby mode'' as

the condition in which an energy-using product--(I) is connected to 
a main power source; and (II) offers 1 or more of the following 
user-oriented or protective functions: (aa) To facilitate the 
activation or deactivation of other functions (including active 
mode) by remote switch (including remote control), internal sensor, 
or timer. (bb) Continuous functions, including information or status 
displays (including clocks) or sensor-based functions.

    DOE believes that Congress drafted this definition to be applicable 
to a diverse population of energy-using appliances and equipment, 
including clothes washers and microwave ovens, as well as battery 
chargers and external power supplies.
    However, after carefully examining this definition and considering 
its impact with respect to battery chargers, DOE believes that applying 
this definition without modification to these products would be 
problematic because it would create confusion in how certain features 
contained in these products should be treated during testing. For 
instance, under this definition, it is unclear whether a battery 
indicator light would constitute a user-oriented function or a status 
display. Similarly, the definition provides no guidance as to whether a 
cooling fan would constitute a protective function or a sensor-based 
function if triggered by a thermal sensor. Such ambiguities would 
create confusion among the public, including manufacturers, in 
understanding the scope of coverage of these definitions and in 
determining which product designs would be affected by these 
definitions.
    Because of the vagueness of this definition, DOE is concerned about 
problems that both the public and the industry would likely encounter 
if the EISA definition of standby mode were adopted verbatim for 
battery chargers. Therefore, DOE is exercising its authority under 
section 325 of EPCA, as amended by section 310(3) of EISA, to amend the 
definitions of the modes, as they apply to this particular product, by 
rule. (EPCA 325(gg)(1)(B); 42 U.S.C. 6295(gg)(1)(B)) In so doing, DOE 
has considered IEC Standard 62301 in revising the definition of standby 
mode by reviewing the standard and incorporating appropriate parts of 
IEC 62301 into the proposed amendments.
    In today's notice, DOE proposes inserting the following definition 
of ``standby mode'' for battery chargers into Appendix Y, section 2.j: 
``the condition in which (1) the battery charger is connected to the 
main electricity supply; (2) the battery is not connected to the 
charger; and (3) for battery chargers with manual on-off switches, all 
switches are turned on.'' DOE believes this definition is appropriate 
because it provides clarity of application to test technicians and is 
consistent with the IEC Standard 62301 and ENERGY STAR definitions of 
standby mode.
    In proposing a procedure to incorporate standby mode, which section 
310 of EISA directed DOE to include in its energy efficiency 
evaluation, DOE examined its current procedure, which is based on the 
ENERGY STAR test procedure. The ENERGY STAR test procedure focuses on 
measuring the energy used during standby mode and battery maintenance 
mode, which means that DOE's current battery charger procedure already 
accounts for energy consumption in standby mode and satisfies section 
310 of EISA. As a result, today's proposal satisfies the conditions set 
by Congress that permit the Secretary to modify this definition to make 
it applicable to battery chargers. DOE's proposal also clarifies how to 
measure energy consumption for battery chargers that incorporate on-off 
switches and is consistent with the IEC Standard 62301 and ENERGY STAR 
definitions of standby mode for this product.
    DOE understands that there are at least three types of battery-
charged consumer products: (1) Those that are stand-alone chargers 
which operate with removable batteries such as professional power tools 
and certain digital cameras;

[[Page 48061]]

(2) those that have the battery affixed into the product so that it is 
not removed for charging such as an electric toothbrush or hand-held 
vacuum cleaner; and (3) those that incorporate all the charging 
circuitry and battery into the product and have only a detachable power 
cord. For a product with a non-detachable battery (category 2, above) 
to be placed into standby mode according to the above proposed 
definition, the product itself must be disconnected from the portion of 
the charger apparatus connected to the main electricity supply (i.e., 
the wall socket) to ensure that the battery is disconnected from the 
charger. For example, to place a cordless telephone in standby mode, 
one would remove the handset (which contains the battery) from its 
charging cradle while keeping the cradle connected to the main 
electricity supply. This example of standby mode for this product would 
still be appropriate even if some of the battery charging circuitry 
resided in the telephone handset (instead of the cradle), because that 
standby mode would represent a typical use scenario for a consumer. The 
end user would continue to operate the device in the same manner, 
regardless of whether the charging circuit is located in the product or 
its charging cradle.
    In instances where all of the charging and power conversion 
circuitry resides in the product (category 3, above), the product is 
connected to the main electricity supply by a detachable AC power cord. 
During standby mode, the AC power cord is the only part of this battery 
charging system that would remain connected to the main electricity 
supply. By itself, the cord consumes no power; therefore, the standby 
mode power consumption for this category of products would be zero 
watts. In the case of consumer products for which all of the charging 
and power conversion circuitry resides in the product, and where the AC 
power cord is not detachable, no component of the product remains 
connected to the main electricity supply during standby mode. Thus, 
standby mode power consumption is undefined or inapplicable to this 
group of products. However, DOE is not concerned about this exclusion 
of permanently corded non-removable battery operated products from any 
standby mode power consumption standard, because it believes very few 
or no current products feature both a non-detachable battery and non-
detachable AC power cord. Further, DOE believes that this category will 
not grow in the future because a non-detachable AC power cord decreases 
the portability of a consumer product by adding bulk and weight, which 
makes it unlikely that this product category will be accepted by 
consumers.

Off Mode

    Section 310 of EISA defines ``off mode'' as ``the condition in 
which an energy-using product--(I) is connected to a main power source; 
and (II) is not providing any standby or active function.'' DOE has not 
previously defined ``off mode'' for battery chargers, but today's 
notice proposes an alternative definition for this term as it applies 
to battery chargers. As previously noted, DOE is proposing to amend the 
definitions contained in section 325 of EPCA, as amended by section 
310(3) of EISA (42 U.S.C. 6295(gg)(1)(B)) under the authority granted 
to DOE by Congress.
    DOE's current test procedure for battery chargers measures inactive 
energy consumption when there is no battery inserted into the charger 
and the charger is still connected to the main electricity supply. DOE 
understands that some chargers incorporate manual on-off switches 
(i.e., those activated by the user) and can thereby achieve an even 
lower state of inactive energy consumption. For these products, the 
switches may conflict with the ENERGY STAR and IEC Standard 62301 
definitions of standby mode, which both state that standby mode is the 
lowest-power consumption mode. This is because in some cases, the 
switches will reduce the power consumption to zero, but in other cases, 
there may still be some power consumption, depending on how the 
switches are incorporated into the circuit of the battery charger. For 
this reason, DOE proposes to interpret ``off mode'' as applicable only 
to battery chargers with switches that are in the off position. Thus, 
in today's notice, DOE proposes inserting the following definition of 
``off mode'' for battery chargers into Appendix Y, section 2.i:

    Off mode means the condition, applicable only to units having 
manual on-off switches, in which the battery charger is (1) 
connected to the main electricity supply, (2) is not connected to 
the battery, and (3) all switches are turned off.

    DOE believes that this definition is appropriate because it 
satisfies the requirements of EISA that DOE measure energy consumption 
in inactive modes (in this case, off mode), provides clarity of 
application to laboratory technicians, and is consistent with the 
``standby mode'' definition used by IEC Standard 62301 and ENERGY STAR.
    As discussed earlier, DOE understands that there are at least three 
types of battery-charged consumer products: (1) Those that are stand-
alone chargers which operate with removable batteries; (2) those that 
have the battery affixed into the product so that it is not removed for 
charging; and (3) those that incorporate all the charging circuitry and 
battery into the product and have only a detachable power cord. For 
those products that incorporate a non-detachable battery and those that 
incorporate a non-detachable battery and non-detachable AC power cord, 
DOE proposes that the off mode definition not apply to any of these 
battery chargers that incorporate an on-off switch because the battery 
cannot be disconnected from the charger. DOE is not concerned that the 
exclusion of these devices will constitute a loophole in the regulation 
because consumer products with non-detachable batteries and AC power 
cords (e.g., certain uninterruptible power supplies) spend most of 
their time in battery maintenance mode.\12\ Also, DOE's battery charger 
test procedure already measures the power consumption in battery 
maintenance mode.
---------------------------------------------------------------------------

    \12\ Battery maintenance mode is defined as ``the mode of 
operation when the battery charger is connected to the main 
electricity supply and the battery is fully charged, but is still 
connected to the charger.'' Appendix Y to Subpart B of Part 430, 
Section 2(e).
---------------------------------------------------------------------------

ii. Test Method
    As discussed above, DOE previously codified a test procedure based 
on ENERGY STAR's procedure for measuring the standby mode and battery-
maintenance mode energy consumption of battery chargers. 71 FR at 
71368. Section 323 of EPCA, as amended by section 310 of EISA, directs 
DOE to develop test procedures for the measurement of standby mode and 
off mode energy consumption for battery chargers by December 31, 2008. 
DOE believes that its existing test procedure already incorporates a 
method under which standby mode and off mode energy consumption can be 
measured and proposes minor revisions in today's notice to improve the 
clarity and applicability of this test procedure to standby mode and 
off mode. Section 3 of Appendix Y, which covers test apparatus and 
general instructions, does not require modification, since no changes 
are necessary to the required test apparatus.
    In section 4 of Appendix Y, DOE proposes to add a new subsection 
``(c) Standby-Mode and Off-Mode Power Consumption Measurement.'' This 
subsection would describe the manner

[[Page 48062]]

in which to measure standby mode and off mode energy consumption 
separately. To measure standby mode, DOE proposes that users ``conduct 
a measurement of standby power consumption while the battery charger is 
connected to the power source.'' Specifically, the proposed subsection 
(c) would require the user to

[r]emove the battery from the charger and record the power (i.e., 
watts) consumed as the time series integral of the power consumed 
over a one-hour test period, divided by the period of measurement. 
If the battery charger has manual switches, all must be turned on 
for the duration of the standby mode test.

    This language is based largely on the test measurement language 
incorporated by reference in section 4 of Appendix Y for Inactive Mode 
Energy Consumption, which refers to section 5, ``Determining BCS Energy 
Ratio,'' of the EPA's Test Methodology for Determining the Energy 
Performance of Battery Charging Systems (December 2005). Section 5 of 
the EPA battery charger test procedure, subsection 5.1, step 3, 
provides guidance to users for measuring power consumed when the 
battery is removed from the charger. In that step, EPA's procedure 
instructs the user to remove the battery from the charger while 
continuing to measure standby power. The procedure provides two options 
in this regard--a full test for 12 hours or an abbreviated test for 1 
hour.
    In today's notice, DOE proposes language for the measurement of 
standby mode energy consumption based on the abbreviated test, which 
directs technicians as follows: ``Measure energy used for a period of 
not less than 1 hour. Energy use may be measured as a time series 
integral of power. * * * '' In other words, technicians would measure 
the cumulative energy consumed in standby mode over a defined period of 
time: E = [int]P [middot] dt, where E is energy, P is power, and t is 
time. DOE believes that the abbreviated test, which gathers data for 
one hour, would provide sufficiently accurate results for determining 
the power consumption of battery chargers without a battery installed 
because the time period is sufficient enough to permit the vast 
majority of battery chargers to stabilize and any power consumption in 
standby mode to be easily measured. DOE recognizes, however, the 
possibility that measurements conducted over a one hour period of 
battery chargers with low-frequency, pulsed operation in standby mode 
may not be representative of the energy consumption of these types of 
commonly used devices. Because of this potential limitation, DOE is 
particularly interested in comments that address increased required 
testing times beyond one hour up to a maximum of 12 hours.
    For off mode, DOE proposes virtually identical test procedure 
language, changing only the requirement that if the battery charger has 
any switches, that those switches should be turned off. For this test 
procedure as well, DOE invites comment on the required duration of 1 
hour of data collection, and other appropriate durations, including 
those between 1 hour and 12 hours.
    For both modes, DOE proposes to include language based on the 
ENERGY STAR test procedure that clarifies the testing conditions for 
measuring the no-battery mode. Similar to the discussion in section 
III.A.1.i above, DOE's proposal would rely on an approach for standby 
and off mode similar to the one proposed above for battery chargers.
    As discussed above, standby mode and off mode may also apply to 
products with non-detachable batteries. If the product uses a cradle 
and/or adapter for power conversion and charging, then only that part 
of the system will remain connected to the main electricity supply, and 
standby and off mode power consumption will equal that of the cradle 
and/or adapter. If the product contains integrated power conversion and 
charging circuitry but is powered through a detachable AC power cord, 
then only the cord will remain connected to mains AC power supply, and 
standby and off mode power consumption will equal that of the AC power 
cord (i.e., zero watts). If the product contains integrated power 
conversion and charging circuitry but is powered through a non-
detachable AC power cord, then no part of the system will remain 
connected to mains, and standby and off mode power consumption are not 
applicable.
 2. External Power Supplies
    DOE adopted a test procedure for external power supplies (Appendix 
Z) in a final rule published on December 8, 2006. 71 FR at 71368. DOE's 
test procedure measures the energy consumed by external power supplies 
in both active mode and no-load mode. However, the test procedure does 
not define the terms ``standby mode'' or ``off mode,'' although it does 
define ``no-load mode'' as ``the mode of operation when the external 
power supply is connected to the main electricity supply and the output 
is not connected to a load.'' 10 CFR 430, subpart B, Appendix Z, 2.c.
i. Definitions
    DOE reviewed the definitions for standby mode and off mode in 
section 325 of EPCA, as amended by section 310 of EISA and found that 
the broad language used in the definitions might make these terms 
confusing or result in misapplication of the test procedure when 
measuring the energy consumed in these two modes. Furthermore, the 
statute provides no guidance on how to handle external power supplies 
that incorporate on-off switches. Therefore, DOE proposes to revise the 
definitions of standby mode and off mode as they apply to external 
power supplies to help clarify their application and provide this 
necessary guidance (i.e., some external power supplies are sold today 
with on-off switches). DOE also proposes a method by which 
manufacturers can measure the energy consumed in these two modes that 
is based on the approach already followed for measuring no-load-mode 
energy consumption in the EPS Test Procedure.
Standby Mode, No-Load Mode
    Because of the broad coverage of section 325 of EPCA, as amended by 
section 310(3) of EISA, and for the reasons cited in the battery 
chargers discussion above, DOE is concerned about problems that might 
arise if it were to adopt the language of the EISA definition of 
standby mode verbatim and apply it to external power supplies. In light 
of this situation, and consistent with Congressional directives to the 
Department, DOE is exercising its authority under section 325 of EPCA, 
as amended by EISA, to amend the definitions of the modes as they apply 
to this product, by rule, while considering IEC 62301. (42 U.S.C. 
6295(gg)(1)(B) (as amended by EISA))
    Additionally, since DOE does not currently have a definition of 
standby mode for external power supplies, DOE is proposing to 
incorporate a definition for this term into DOE's regulations in 
Appendix Z, section 2.s. The definition would provide that standby mode 
would mean ``the condition in which the external power supply is in no-
load mode and, for external power supplies with on-off switches, all 
switches are turned on.'' DOE is also proposing to modify the 
definition of the term ``no-load mode'' to take into account multiple-
voltage external power supplies. DOE's proposed definition for no-load 
mode in Appendix Z, section 2.n is ``the mode of operation when an 
external power supply is connected to the main electricity supply and 
the output is (or `all outputs are' for a multiple-voltage external 
power supply) not connected to a load (or `loads' for a multiple-
voltage external power supply).'' This definition is based on the no-
load mode definition in the CEC EPS

[[Page 48063]]

Test Procedure, which references IEC 62301. Thus, DOE's proposed 
definition reflects its consideration of IEC 62301. These definitions 
satisfy sections 321 and 325 of EPCA, as amended by sections 301 and 
310 of EISA, provide clarity on testing external power supplies 
(including those with switches), and are consistent with IEC 62301's 
and ENERGY STAR's definition of standby mode.
    The external power supply test procedure that DOE adopted in the 
December 2006 final rule, which is based on the ENERGY STAR test 
procedure, incorporated a measurement of no-load mode. DOE's current 
test procedure already accounts for the energy consumption in one of 
the inactive modes that the Secretary is directed to consider under 
section 325 of EPCA, as amended by section 310 of EISA. DOE's proposed 
definition of standby mode is consistent with the existing no-load mode 
definition in the CFR and the definition of standby mode in EPCA, while 
also providing clarity on the measurement of standby mode energy 
consumption for external power supplies that incorporate on-off 
switches. DOE's proposed definition is also consistent with the ENERGY 
STAR definition of no-load mode (and, by extension, standby mode) for 
this product.
Off Mode
    As discussed in section III.A.1.i of this notice on battery 
chargers, section 310(3) of EISA amended EPCA to define ``off mode'' as 
``the condition in which an energy-using product--(I) is connected to a 
main power source; and (II) is not providing any standby or active mode 
function.'' (42 U.S.C. 6295(gg)(1)(A)(ii)) DOE has not previously 
defined ``off mode'' for external power supplies, and is unaware of any 
definitions or test procedures that measure off mode for external power 
supplies. Furthermore, similar to battery chargers, the definition 
Congress included in EISA, lacks specificity and instruction on the 
measurement of energy consumption in off mode for external power 
supplies. To address this issue, under the authority Congress granted 
to the Department under EISA, DOE is proposing a definition for off 
mode as applied to external power supplies. (42 U.S.C. 6295(gg)(1)(B))
    As with battery chargers, external power supplies can also 
incorporate on-off switches and may achieve a lower state of energy 
consumption than in standby mode. After considering IEC 62301, DOE 
believes that this lower state of energy consumption could conflict 
with the IEC Standard 62301 definition of ``standby mode,'' which 
states that standby mode is ``the lowest power consumption mode.'' See 
IEC Standard 62301 at section 3.2. The conflict could arise depending 
on where the on-off switch is placed in the EPS circuit: when the 
switch is set to the ``off'' position the EPS may or may not continue 
to consume power. For instance, if the switch interrupts the output on 
the secondary side of the EPS, then the EPS would continue to consume 
power when attached to mains and switched off. For this reason, DOE 
proposes to treat external power supplies with on-off switches turned 
off as being in off mode. Thus, in today's NOPR, DOE proposes to define 
``off mode'' for external power supplies in Appendix Z, Section 2.o as:

the condition, applicable only to units having on-off switches, in 
which the external power supply is (1) connected to the main 
electricity supply, (2) the output is not connected to any load, and 
(3) all switches are turned off.

    As with DOE's proposed battery charger definition for off mode, DOE 
believes this proposed definition satisfies Congress's directives that 
DOE provide a means to measure energy consumption in inactive modes and 
is consistent with the IEC Standard 62301 definition of standby mode.
ii. Test Method
    Prior to the enactment of EISA, DOE promulgated a test procedure 
regulation addressing sections 3 and 4 of Appendix Z for external power 
supplies that relied on the CEC EPS test procedures, which in turn, 
incorporated a means to measure the no-load energy mode. See 71 FR at 
71368. Section 310 of EISA directs DOE to develop additional test 
procedures to cover standby mode and off mode energy consumption for 
external power supplies by December 31, 2008. See EPCA Section 325(gg). 
DOE reviewed its existing test procedure, and believes that Appendix Z 
already incorporates an appropriate method under which standby mode and 
off mode energy consumption can be measured. Consequently, a new test 
procedure is not required to comply with section 325(gg) of EPCA. 
However, DOE is making minor revisions to improve the clarity and 
applicability of this test procedure to the standby and off modes.
    Section 3 of Appendix Z (``Test Apparatus and General 
Instructions'') requires no modification, because the external power 
supply test set-up does not need changing to comply with the amended 
requirements provided by EISA.
    To section 4 of Appendix Z (``Test Measurement''), DOE proposes 
several modifications. In addition to testing requirements for standby 
mode and off mode, the proposed amendments require the Department to 
accommodate testing of multiple-voltage external power supplies and 
switch-selectable single-voltage external power supplies. To avoid 
confusion, DOE proposes to create separate standby mode and off mode 
test methods for single-voltage versus multiple-voltage external power 
supplies within two new subsections in section 4, with one addressing 
single-voltage testing requirements and the other addressing multiple-
voltage testing requirements.
    For single-voltage external power supplies, DOE proposes to specify 
in Appendix Z that standby mode measurements ``shall conform to the 
requirements specified in section 5, `Measurement Approach' of the 
CEC's `Test Method for Calculating the Energy Efficiency of Single-
Voltage External AC-DC and AC-AC Power Supplies,' August 11, 2004, 
(Incorporated by reference, see 10 CFR Part 430.22).'' The only 
difference between the proposed amended test method and the one DOE 
previously adopted is the definition of standby mode, which, under the 
proposal, would require measurement with all on-off switches turned on.
    For off mode measurement of single-voltage external power supplies, 
DOE also proposes test procedure language that is virtually identical 
to language DOE adopted in the December 2006 final rule specifying the 
no-load mode measurement. DOE's proposed regulatory text for Appendix 
Z, section 4(a)(ii) provides that during off mode, all on-off switches 
on the external power supply must be switched off and the technician 
need only measure Loading Condition 5 (no-load mode). For standby mode 
and off mode measurements of multiple-voltage external power supplies, 
DOE proposes to incorporate a no-load mode measurement in the multiple-
voltage external power supply section. This proposal parallels the 
approach DOE is proposing for single-voltage power supplies. 
Manufacturers would be required to conduct a power consumption 
measurement with all on-off switches turned on and attribute the power 
consumption to standby mode. Manufacturers would then conduct the no-
load mode measurement again with all switches turned off and attribute 
that power consumption to off mode. DOE believes that this approach is 
reasonable, not excessively burdensome to manufacturers, and will 
result in accurate, repeatable results.

[[Page 48064]]

B. Multiple-Voltage External Power Supplies

    Section 325 of EPCA, as amended by section 309 of EISA, directs DOE 
to promulgate by December 19, 2009 a final rule determining whether 
energy conservation standards shall be issued for external power 
supplies or classes of them. Currently, these classes consist of Class 
A and non-Class A external power supplies. Under Section 301 of EISA, 
Congress required that Class A power supplies meet specifically 
prescribed standards that became effective on July 1, 2008. The 
Department is examining the possibility of developing standards for the 
remaining non-Class A external power supplies that are not covered by 
these statutorily-mandated standards.
    Multiple-voltage external power supplies (i.e., external power 
supplies that provide more than one output voltage simultaneously) have 
the highest shipments and widest range of consumer product applications 
of the external power supplies that fall outside of Class A. Because it 
must develop test procedures prior to developing a particular 
efficiency standard for a product, DOE reviewed numerous test 
procedures to help develop a standardized test procedure to apply to 
these products. Currently, DOE is unaware of any test procedure 
developed for measuring the efficiency of multiple-voltage external 
power supplies. However, DOE did identify two test procedures, the 
components of which may serve as a basis for a new test procedure. 
These procedures are the EPS and IPS test procedures developed by the 
CEC.
    These test procedures meet many of the needs of a multiple-voltage 
external power supply test procedure. For example, the CEC IPS Test 
Procedure prescribes methods for safely dividing the test load between 
the multiple simultaneous outputs of a multiple-voltage power 
converter, while the CEC EPS Test Procedure contains loading conditions 
that more appropriately represent the various products powered by 
multiple-voltage external power supplies. The CEC EPS Test Procedure 
also contains measurement conditions for standby mode and warm-up times 
that DOE believes to be appropriate for testing multiple-voltage 
external power supplies because of their similarity to single-voltage 
external power supplies with respect to loads and construction, which 
result in similar standby mode conditions and warm-up times, 
respectively.
    Furthermore, the CEC EPS Test Procedure already forms the basis for 
the DOE (single-voltage) external power supply test procedure and both 
the CEC EPS and IPS test procedures have been adopted by ENERGY STAR 
programs for external power supplies and personal computers, 
respectively. More broadly, industry uses the CEC IPS Test Procedure to 
test compliance with the 80 Plus voluntary efficiency guidelines \13\ 
for internal power supplies, while the CEC EPS Test Procedure is widely 
recognized and forms the basis for voluntary and mandatory external 
power supply regulations in Australia, Canada, China, the European 
Union, Israel, Korea, and New Zealand.
---------------------------------------------------------------------------

    \13\ 80 PLUS is a program funded by utility companies that is 
designed to integrate more energy-efficient power supplies into 
desktop computers and servers. Among its various activities, the 
program assigns labels to distinguish between different levels of 
efficiency achieved by products. For more information on this 
program, please see http://www.80plus.org.
---------------------------------------------------------------------------

    Multiple-voltage external power supplies share features of both 
single-voltage external power supplies and multiple-voltage internal 
power supplies, and the CEC EPS and IPS Test Procedures complement each 
other in matters regarding the testing of multiple-voltage external 
power supplies. Because of their widespread use and acceptance, as well 
as their applicability to multiple-voltage external power supplies, DOE 
is proposing to incorporate sections from both the CEC EPS and IPS Test 
Procedures into its new multiple-voltage test procedure.
    The multiple-voltage external power supply test procedure DOE is 
proposing in today's NOPR generally follows the structure of the CEC 
EPS Test Procedure and maintains the order in which the test set-up 
requirements and test method are presented. As the CEC EPS Test 
Procedure (incorporated by reference into Appendix Z) explains, the 
tested unit is placed in a standard test room and connected to 
calibrated metering equipment with a certain measurement uncertainty 
and resolution. The unit is then supplied with power from a regulated 
AC source, and all of its output busses are loaded so that the unit is 
delivering its nameplate output power. Following set-up of the test 
apparatus, the unit is allowed to warm up and stabilize, and its input 
and total output power are measured. The load conditions are then 
adjusted and the measurements repeated.
    Even though the test set-up and measurement are based on the CEC 
EPS Test Procedure, the particulars are supplemented by details from 
the CEC IPS Test Procedure, as necessary. In sections where neither 
test procedure had appropriate language or instruction, DOE proposes 
its own language to provide guidance and clarity, and to ensure that 
consistent test results are obtained without excessive test burden. 
Some of the details in this proposed test procedure represent what DOE 
believes are improvements over the test conditions and apparatus set-up 
instructions in the CEC EPS Test Procedure. These changes seek to 
maintain (or improve) measurement accuracy and repeatability while 
avoiding excessive testing burdens and acknowledging the limitations of 
commercially available test equipment.
    While the changes proposed in this section apply to the multiple-
voltage external power supply test procedure, DOE is also considering 
similar amendments to the single-voltage external power supply test 
procedure. These include changes to (1) the measurement resolution and 
uncertainty requirement, (2) the AC source voltage requirement, (3) the 
AC source distortion requirement, (4) test-lead loss measurement, and 
(5) the power measurement stability requirement. DOE considers these 
test condition modifications, incorporated into today's proposed 
amendment for multiple-voltage external power supplies, to be 
improvements over the particular test conditions used in the current 
(single-voltage) test procedure. DOE is therefore also considering 
adopting these changes to the single-voltage external power supply test 
procedure. This means that DOE could adopt the same revised test 
conditions for both single- and multiple-voltage external power 
supplies. These modifications are discussed in greater detail in 
section III.D below in the context of single-voltage external power 
supply testing.
1. Test Apparatus and General Instructions
    Although the proposed multiple-voltage test procedure is based in 
large part on the CEC EPS Test Procedure, DOE proposes to make changes 
to several aspects of the test setup in order to reduce testing burden 
and/or improve testing accuracy. These changes consist primarily of the 
elements outlined below.
i. Measurement Resolution and Uncertainty
    The first test condition change incorporated into the proposed 
amendment concerns power-measurement accuracy. The CEC EPS Test 
Procedure requires power-measurement equipment to have a resolution 
greater than or equal to 0.01

[[Page 48065]]

watts (W) for active power measurements (CEC EPS Test Procedure section 
4.b), while the CEC IPS Test Procedure allows for lower resolution when 
measuring higher power levels (CEC IPS Test Procedure section 5.5). The 
resolution for power-measurement equipment in the CEC IPS Test 
Procedures has three ranges, depending on the magnitude of the wattage 
being measured. This approach is identical to that used in IEC Standard 
62301,which serves as the industry reference document for standby power 
measurements.
    According to DOE calculations, this three-tiered power-measurement 
equipment resolution requirement would result in, at most, a 0.5 
percent error over the range of power measurements where the two 
resolution requirements differ, namely above 10 W. Because this error 
is significantly less than the 2 percent error due to measurement 
uncertainty permitted by the proposed amendment, discussed in detail 
below, DOE does not believe the proposed requirement will impact 
efficiency measurement. It will, however, significantly decrease the 
burden on testing laboratories, as they would no longer require 
equipment with 0.01 W resolution at power levels greater than 100 W, to 
comply with the requirements of the test procedure. In turn, this 
permits the use of cheaper and more readily available equipment for 
testing. DOE therefore proposes to adopt the three-tier power-
measurement equipment resolution requirements, namely: (1) 0.01 W or 
better for measurements of 10 W or less; (2) 0.1 W or better for 
measurements of greater than 10 W up to 100 W; and (3) 1 W or better 
for measurements of greater than 100 W.
    The proposed amendment would impose uncertainty requirements on the 
power measurement, which have also been drawn from section 5.5 of the 
CEC IPS Test Procedure, which requires that ``[m]easurements of power 
of 0.5 W or greater shall be made with an uncertainty of less than or 
equal to 2 percent at the 95 percent confidence level,'' while 
``[m]easurements of power of less than 0.5 W shall be made with an 
uncertainty of less than or equal to 0.01 W at the 95 percent 
confidence level.'' These uncertainty requirements are equivalent to 
those in the current DOE test procedure, with the addition of an 
explicit confidence qualifier. This qualifier, which is necessary when 
expressing uncertainty in measurement, is the 95 percent confidence 
level customarily employed in experimental work, which accounts for 
errors that fall within two standard deviations of the mean of a normal 
distribution. The proposed uncertainty requirements are also equivalent 
to those used in the IEC Standard 62301 test method and their adoption 
would complete the test procedure and make it consistent with standard 
engineering practice.
    Furthermore, unlike the CEC test procedures, the proposed amendment 
is explicit regarding the calibration required of the instruments used 
to measure the power. The proposed amendment requires the instruments 
to be calibrated in accordance with either American National Standards 
Institute (ANSI) and National Conference of Standards Laboratories 
(NCSL) Standard Z540.1 \14\ or International Standards Organization 
(ISO) and IEC Standard 17025,\15\ two standards in wide use by 
calibration laboratories. Although there are differences in scope and 
stringency between the two standards, both address calibration 
laboratory competency and traceability of calibration measurements to 
national standards. Finally, the proposed amendment requires the 
instrument to be within its calibration period, as specified on a dated 
label or certificate of calibration.
---------------------------------------------------------------------------

    \14\ ANSI/NCSL Z540.1. ``Calibration Laboratories and Measuring 
and Test Equipment--General Requirements,'' American National 
Standards Institute. 1994.
    \15\ ISO/IEC 17025. ``General Requirements for the Competence of 
Testing and Calibration Laboratories.'' International 
Electrotechnical Commission. May 2005.
---------------------------------------------------------------------------

ii. AC Source Voltage Requirement
    The second test condition change DOE is proposing would apply to 
the input voltage source. The CEC EPS Test Procedure requires that 
``[t]he input voltage source * * * be capable of delivering at least 10 
times the nameplate input power of the unit under test (as is specified 
in IEEE Standard 1515-2000).'' (CEC EPS Test Procedure section 4.e) The 
IEEE standard does not require the input voltage source to be capable 
of delivering 10 times the nameplate input power of the unit under 
test, but rather recommends it ``[a]s a rule of thumb.'' (IEEE Standard 
1515-2000 section B.2.1) Furthermore, a requirement of 10 times greater 
output power may be difficult to meet when testing high-wattage power 
supplies. For example, testing a 250 W external power supply would 
require a 2.5 kilowatt source, capable of delivering 21.7 amperes at 
115 V. A current this high exceeds the 20 amperes typically provided by 
commercial distribution wiring and would require non-standard circuit 
breakers, wires, and outlets, which would reduce the practicability of 
testing without an appreciable benefit in measuring energy efficiency. 
Finally, despite its stringency in regard to output power, this 
requirement may not ensure an ideal voltage source for units under test 
that have a low power factor (i.e., units that draw significant 
reactive power in addition to their (active) nameplate input power). As 
a result, DOE proposes to adopt CEC IPS Test Procedure, section 5.2, by 
recommending an AC source output power that is 10 times greater where 
practicable and specifying that the AC source voltage remain within 1 
percent of 115 volts. This latter voltage requirement can be achieved 
by using an AC voltage regulator, even if the line voltage varies by 
more than 10 percent.
iii. AC Source Distortion Requirement
    In addition to the amplitude of the AC source voltage waveform, AC 
voltage regulators can also control its distortion, which describes how 
closely the waveform approaches the ideal (i.e., a sine wave). AC 
source voltage distortion is caused by the nonlinear current waveform 
the power supply under test, as well as other loads connected to mains, 
impose on the impedance of the source. The interaction between the two 
can result in a decrease in the peak AC source voltage due to heavier 
load on the AC source near the waveform peaks, which is observable as 
``flat-topping'' of the AC voltage waveform. This lengthens the time 
that the rectifier diodes are conducting and consequently reduces the 
peak current during conduction. The net effect is a slight decrease in 
losses in the input filter, rectifier diodes, and bulk capacitor. While 
these components are minor contributors to the total losses, severe 
flat-topping will slightly improve the supply's overall efficiency. 
Existing power supply test procedures therefore limit the permitted AC 
source distortion to ensure consistent measurement results.
    The specifications of commercially available AC voltage regulators 
that DOE has examined can, at best, ensure a total harmonic distortion 
(THD) of the AC source voltage waveform below 3 percent. DOE is 
concerned about this issue because the existing DOE external power 
supply test procedure in Appendix Z, as well as the CEC EPS and IPS 
Test Procedures and IEC Standard 62301, all require an AC source 
voltage with a THD below 2 percent.
    One method of achieving an AC source-voltage THD below 2 percent is 
using an uninterruptible power supply (UPS) that generates its own AC 
voltage and current waveforms from batteries. DOE is concerned that UPS 
equipment

[[Page 48066]]

is not intended for this purpose and is therefore not commonly found in 
testing laboratories. After carefully considering this issue, DOE does 
not believe that relaxing the upper limit of the THD requirement from 2 
to 3 percent will noticeably affect the measurement accuracy of no-load 
power or active-mode efficiency. Therefore, to decrease the testing 
burden, DOE proposes to require 3 percent THD in the multiple-voltage 
external power supply test procedure. DOE is also, however, considering 
the adoption of the more stringent, and more difficult to meet, 2 
percent requirement in the final rule for this test procedure, for 
harmonization with the CEC EPS and IPS test procedures. The Department 
is particularly interested in commenter views regarding the proposed 
THD requirements. Commenters should present the Department with an 
explanation and data supporting whichever option they believe should 
apply.
iv. Test Lead Loss Measurement
    Although errors in measurement can occur due to the resistance of 
the test leads (i.e., wires) used to connect the unit under test to the 
measurement equipment, these errors can be minimized by adhering to 
correct laboratory practice. Nonetheless, section 5.4 of the CEC IPS 
Test Procedure requires that testing laboratories explicitly account 
for test-lead losses. In today's notice, DOE proposes to adopt this 
same requirement to quantify losses in test leads. DOE also proposes to 
require testing laboratories to follow Table B.2 in Appendix B of IEEE 
Standard 1515-2000 when selecting the wire gauge of the test leads. 
Whereas the previous requirement seeks to account and correct for 
measurement errors due to test lead losses, this proposed requirement 
is preventative because it seeks to minimize these losses by requiring 
the selection of appropriate gauge wire.
    DOE believes that these requirements will not significantly add to 
the testing burden, since testing laboratories routinely calculate test 
lead losses. The only additional burden would be documenting test lead 
losses, which would involve a calculation of, and a correction for, 
voltage drops across the test leads. These requirements are consistent 
with the CEC IPS Test Procedure and would result in more accurate and 
repeatable efficiency measurements. In addition to comments on this 
particular proposal, DOE is interested in alternate testing approaches 
that would ensure that lead losses are insignificant or otherwise 
accounted.
2. Test Measurement
    The test measurement method for external power supplies and battery 
chargers in today's proposed rule is based on the requirements 
presented in the CEC EPS and IPS Test Procedures. In preparing DOE's 
proposed test measurement method, departures from the two CEC-developed 
test procedures were sometimes necessary because of the particular 
requirements of multiple-voltage external power supplies. These 
departures are mostly superficial and the proposed test measurement 
method otherwise remains consistent with the requirements of the CEC 
EPS and IPS Test Procedures. The specific elements of DOE's proposal 
are discussed below.
i. Power Measurement Stability Requirement
    Before measuring the energy consumption of the external power 
supply in active and standby mode, both the CEC EPS and IPS Test 
Procedures require that the unit under test warm up and its input AC 
power stabilize. These test procedures conflict, however, regarding the 
time required for initial warm-up, the time for the power supply to 
stabilize following a change from one loading condition to another, and 
the stability criterion for accurate measurement. Each of these 
differences is explained below.
Initial Warm-up
    Because the operation of electronic components varies with 
temperature, power supplies must be allowed to operate under full load 
for a period of time long enough such that all their components reach a 
steady temperature. Until this happens, a power supply will exhibit 
variation in its input and output conditions (also known as ``thermal 
transients''), even as the load remains constant.
    The CEC EPS Test Procedure requires 30 minutes for initial warm-up, 
whereas the CEC IPS Test Procedure requires 15 minutes. Although the 
time the thermal transients need to settle will vary from one unit 
under test to the next, the warm-up times of external power supplies 
will generally be longer than those of internal power supplies, because 
external power supplies do not have a cooling fan or vents in the 
enclosure that promote convection like internal power supplies do. 
Because of these differences, DOE is proposing to use a 30-minute warm-
up time for multiple-voltage external power supplies but with no 
specific settling time when changing between loading conditions.
Stabilizing Time
    Because an EPS unit under test will dissipate varying amounts of 
power at each loading condition, its internal components will change 
temperature when transitioning from one load condition to the next. 
Since these temperature changes lead to thermal transients that affect 
efficiency, both the CEC EPS and IPS Test Procedures require a period 
of temperature stabilization before taking a measurement. However, DOE 
believes that the 15-minute period recommended by the CEC IPS Test 
Procedure may impose an unnecessary burden on the testing laboratory, 
since, typically, the inputs and outputs of external power supply that 
DOE tested tended to stabilize within 5 minutes. In light of this 
concern, DOE is proposing to follow the CEC EPS Test Procedure by 
permitting measurement as soon as the AC input power drawn by the unit 
under test stabilizes.
Stability Criterion
    However, the CEC EPS and IPS Test Procedures use different 
stability criteria. The CEC EPS Test Procedure requires a change in the 
AC input power of less than 5 percent over 5 minutes, whereas the CEC 
IPS Test Procedure requires a change of less than 1 percent. DOE 
believes that permitting a 5-percent variation in the AC input power 
might compromise the quality of the efficiency measurement, given that 
the proposal limits uncertainty in power measurements to 2 percent (at 
the 95 percent confidence level) in paragraph III.B.1.i, above. 
However, this same uncertainty limit may make stability to within 1 
percent difficult to achieve. Consequently, DOE is proposing that if 1-
percent stability cannot be achieved, the testing laboratory may 
calculate average power over a 5-minute period through mathematical 
integration, which is consistent with IEC Standard 62301.\16\
---------------------------------------------------------------------------

    \16\ DOE is also proposing to amend the single-voltage test 
procedure to include this stricter requirement on power supply 
stability, as discussed in section III.D.5 of this notice.
---------------------------------------------------------------------------

ii. Loading Conditions
    Using elements of the CEC EPS and IPS procedures, DOE proposes a 
hybrid loading condition that would be used to measure the energy 
efficiency of multiple-voltage external power supplies. Because the 
efficiency of a power supply is a function of load current, a test 
procedure must specify loading conditions to make the results

[[Page 48067]]

comparable and representative of actual usage. Section 4.3 of the CEC 
IPS Test Procedure requires that the unit under test be tested at 100, 
50, 20 percent, and, in some cases, 10 percent of full load. The 100, 
50, and 20 percent loading represent the current draw of a computer 
operating at full, medium, and light load, respectively, while the 10-
percent loading condition represents the scenario where the internal 
power supply operates redundantly as part of a pair of power supplies 
in a server application.
    The CEC IPS loading conditions presented above represent specific 
operating modes of a computer, and may not reflect the typical loads 
presented by the wider range of applications powered by multiple-
voltage external power supplies. Because of these differences, DOE 
proposes instead that multiple-voltage external power supply loading 
conditions be based on the same ones used in DOE's current (single-
voltage) external power supply test procedure, which is based on the 
CEC EPS test procedure. Specifically, the loads DOE proposes to use are 
100, 75, 50, and 25 percent of full load. These loading conditions are 
accepted by industry as representative of the loads presented by the 
wider range of consumer products beyond computers. Like the current 
single-voltage test procedure, the proposed amendment also requires the 
reported efficiency to equal the simple average of the four 
efficiencies measured at each loading point (i.e., 100, 75, 50, and 25 
percent of full load).
iii. Proportional Allocation
    DOE investigated several approaches to loading the outputs of a 
multiple-voltage external power supply. For example, DOE considered the 
possibility of testing each output bus independently of the others, by 
loading each bus sequentially to 100, 75, 50, and 25 percent of its 
nameplate output current while leaving the others unloaded. However, 
this approach is unacceptable for two reasons. First, even when an 
output bus is loaded to 100 percent of its nameplate output current, 
the output power (output current multiplied by voltage) delivered by 
the bus will be much smaller than the nameplate output power of the 
power supply as a whole. Because certain components in the power supply 
will not be operating near their maximum rated power, they are likely 
to remain cool, so any losses in efficiency caused by internal heating 
will not be captured by this approach. Second, many multiple-output 
power supplies place restrictions on the minimum output current, which 
can prevent one output from operating while others remain unloaded, 
possibly invalidating the measurement.
    Comparing the differences between single and multiple-voltage 
external power supplies helps to highlight the practical considerations 
DOE is weighing in its proposal. For this discussion, the DC output of 
a single-voltage external power supply can be fully characterized by 
three parameters: Output voltage, output current, and their product, 
output power. Because each parameter can be calculated from the other 
two, only two are typically listed on the power supply nameplate: 
voltage and current, or voltage and power.
    Loading a single-voltage power supply for measuring efficiency 
begins with reading the output current listed on the nameplate, or if 
not listed, calculating it by dividing the nameplate output power by 
the output voltage. A test load connected to the output of the power 
supply is then adjusted such that the power supply produces an output 
of 100, 75, 50, and 25 percent of this nameplate current. At each 
loading condition, the output power into the load is divided by the 
input power into the external power supply to calculate the efficiency.
    By comparison, loading multiple-voltage power supplies is more 
complicated because they feature multiple outputs capable of delivering 
power to a load (termed ``output busses'' to distinguish them from non-
power outputs used in some systems for communication between the power 
supply and the load). In addition to the nameplate output power of the 
power supply, the test method must take into account the parameters 
that characterize each output bus: Nameplate output voltage and current 
or power. To load a multiple-voltage external power supply to 100, 75, 
50, and 25 percent of full load while operating within the 
specifications of the output busses and the power supply as a whole, 
DOE proposes to use a loading method termed ``proportional 
allocation.''
    The ``proportional allocation'' method, which is found in section 
6.1.1 of the CEC IPS Test Procedure, requires all output busses to be 
simultaneously loaded to, in sequence, 100, 75, 50, and 25 percent of 
their individual nameplate output currents. These loads are scaled (or 
``derated'') so as not to exceed the nameplate output power of the 
power supply as a whole. The derating process is explained below.
    As mentioned previously, each output bus of a multiple-voltage 
power supply is characterized by a nameplate output voltage and 
current, which, when multiplied together, result in the nameplate 
output power of the bus. Additionally, the power supply as a whole has 
its own nameplate output power, which may differ from the sum of the 
bus nameplate output powers. If the nameplate output power were smaller 
than the sum, and each output bus were loaded to 100 percent of its 
nameplate output currents, the busses' combined output power would 
exceed the supply's nameplate output power, forcing the integrated 
safety circuitry to shut the device down, rendering any efficiency 
measurement invalid. The proportional allocation method in the proposed 
amendment would require the testing technician to derate the load 
currents for each bus so that the sum of their output powers does not 
exceed the nameplate output power of the power supply. This method 
would permit a valid measurement to be conducted even in the above case 
where the sum of the output bus nameplate output powers exceeds the 
nameplate output power of the supply.
    Prior to loading the output busses and conducting measurements, a 
derating factor is calculated by dividing the nameplate output power of 
the supply by the sum of the bus nameplate output powers. If the 
derating factor is greater than or equal to 1, the sum of the bus 
nameplate output powers is smaller than the nameplate output power of 
the supply. The power output by the busses at 100 percent of their 
nameplate output current will not exceed the nameplate output power of 
the supply, so no derating is necessary. Efficiency testing is 
conducted while simultaneously loading all the busses sequentially to 
100, 75, 50, and 25 percent of their nameplate output currents. If, on 
the other hand, the derating factor is less than 1, the sum of the bus 
nameplate output powers is greater than the nameplate output power of 
the supply. The power output by the busses at 100 percent of their 
nameplate output current will exceed the nameplate output power of the 
power supply. To prevent the power supply from shutting down during 
testing, due to excessive output power, derating is necessary. 
Efficiency testing would be conducted while simultaneously loading all 
the busses sequentially to 100, 75, 50, and 25 percent of their 
nameplate output currents, multiplied by the derating factor.
iv. Minimum Output Current Requirement
    DOE is aware of many multiple-voltage external power supply 
specifications that require a certain

[[Page 48068]]

minimum output current on one or more of the output busses. In a few of 
the external power supplies DOE examined, the minimum output current 
for one bus is greater than the 25 percent of nameplate current 
required for testing under proposed Loading Condition 1 (i.e., 100 
percent of derated nameplate output current). Although the power supply 
may still operate, it may not be able to regulate the output voltage of 
the affected bus, which would cause the output voltage to fall outside 
of the nameplate value.
    Although it is possible to conduct measurements disregarding output 
voltage, DOE does not believe that this will result in a meaningful 
measurement of efficiency, since a power supply in typical usage is 
unlikely to operate outside its specified current range. Therefore, to 
address this situation, DOE proposes to include in its test procedure 
for multiple-voltage external power supplies procedures that are 
consistent with section 4.3 of the IPS Test Procedure. Specifically, 
DOE's proposed procedure would require the laboratory technician to 
continue increasing the load current for each affected output until it 
equals the minimum output current and to measure the input and output 
power only when the external power supply is operating within its 
specifications.
v. No-Load Mode Testing
    In addition to requiring measurements under the four active mode 
loading conditions, the proposed amendment also requires measurement at 
0 percent load, i.e., the standby or no-load mode. The proposed 
amendment follows the current DOE test procedure rather than the 
standby mode definition and measurement method of the CEC IPS Test 
Procedure, which involves placing the power supply into a low-power 
mode by using an external control signal. While the CEC IPS approach 
may work for some multiple-voltage external power supplies, most of the 
multiple-voltage external power supplies DOE examined do not have any 
control inputs or explicit low-power modes. The proposed amendment 
therefore would require standby mode energy consumption testing under 
the same conditions as the existing DOE single-voltage external power 
supply test procedure, which would make the no-load condition 
applicable to all multiple-voltage external power supplies.

C. External Power Supply Test Procedure Definitions

    In reviewing Appendix Z, DOE found that some of its existing test 
procedure definitions differ slightly from the ones stakeholders 
currently use, while other terms were undefined and may have caused 
confusion. To address the problem, today's notice proposes 
modifications to the definitions of ``active mode,'' ``active-mode 
efficiency,'' ``no-load mode,'' ``total harmonic distortion,'' and 
``true power factor.'' In addition, DOE proposes new definitions for 
the terms ``active power,'' ``ambient temperature,'' ``apparent 
power,'' ``instantaneous power,'' ``minimum output current,'' 
``multiple-voltage external power supply,'' ``nameplate input 
frequency,'' ``nameplate input voltage,'' ``nameplate output current,'' 
``nameplate output power,'' ``nameplate output voltage,'' ``off mode,'' 
``output bus,'' ``standby mode,'' ``switch-selectable single-voltage 
external power supply,'' and ``unit under test.'' By amending these 
definitions and incorporating new ones, DOE aims to improve the clarity 
and utility of its test procedure for external power supplies. The new 
definitions of ``standby mode'' and ``off mode'' are discussed above in 
section III.A.2.i. While DOE is not proposing changes to the 
definitions for ``single-voltage AC-AC power supply'' and ``single-
voltage AC-DC power supply'', they are included with the proposed 
amendments to Section 2 of Appendix Z because their numbering would 
change within the section.
1. Revisions to Existing Definitions
    In December 2006, DOE codified definitions for technical terms used 
in the test procedure for external power supplies. 71 FR at 71368. In a 
recent review of the definitions of these same terms in IEEE Standard 
1515-2000, IEEE Standard 100, and the CEC EPS and IPS Test Procedures, 
DOE found differences between its definitions and those used in these 
technical documents. If DOE's proposed test procedure for multiple-
voltage external power supplies is adopted in the final rule, some of 
DOE's terms will require modification or additions to permit testing of 
multiple-voltage units.
    To address these issues, DOE proposes to make the following changes 
to the Appendix Z definitions: (1) Modify the definition of ``active 
mode'' to encompass multiple-voltage external power supplies; (2) add a 
citation to IEEE Standard 1515-2000 to the ``active-mode efficiency'' 
definition; (3) modify the definition of ``no-load mode'' to apply to 
multiple-voltage external power supplies; and (4) revise the 
definitions of ``total harmonic distortion'' and ``true power factor'' 
to be consistent with IEEE Standard 1515-2000.
    Within the proposed change to ``active mode'' described above, DOE 
also proposes a minor revision to the definition to make it consistent 
with the definition of ``active mode'' contained in section 321 of 
EPCA, as amended by section 301(a)(1)(B) of EISA. This definition 
reads: ``The term `active mode' means the mode of operation when an 
external power supply is connected to the main electricity supply and 
the output is connected to a load.'' Except for the use of the verb 
``is'' rather than ``means'' immediately following the words ``active 
mode'', this definition is identical to the definition DOE codified in 
its December 2006 final rule. In today's notice, DOE proposes to 
replace ``is'' with ``means'' to conform the proposed definition to the 
EISA amendments. DOE also proposes to insert two parenthetical 
statements to make the definition of ``active mode'' applicable to 
multiple-voltage external power supplies, which have more than one 
output. This proposed change is necessitated by DOE's desire to provide 
adequate test procedures covering multiple-voltage power supplies. The 
proposed definition for ``active mode efficiency'' to be inserted in 
Appendix Z to Subpart B of Part 430, Section 2.a. would read as 
follows:

    Active mode means the mode of operation when the external power 
supply is connected to the main electricity supply and the output is 
(or ``all outputs are'' for a multiple-voltage external power 
supply) connected to a load (or ``loads'' for a multiple-voltage 
external power supply).

    DOE also proposes amending the definition of ``active mode 
efficiency'' in Section 2.b of Appendix Z to include a reference to 
section 4.3.1.1 of IEEE Standard 1515-2000, which the CEC EPS Test 
Procedure references. DOE believes it appropriate to reference IEEE 
Standard 1515-2000 because it provides a formula for calculating the 
efficiency that applies to external power supplies with one or more 
outputs. DOE's proposed revised definition of ``active mode 
efficiency'' would make it more consistent with the CEC EPS definition. 
The only difference remaining between the definitions of ``active mode 
efficiency'' used in the DOE external power supply and the CEC EPS test 
procedures is that the CEC definition states that output power is AC or 
DC and input power is AC. DOE is not proposing to include this 
statement about the type of input or output power in its definition 
because DOE does not consider it to be crucial to the definition.

[[Page 48069]]

    DOE also proposes to revise the definition of ``no-load mode'' to 
make it applicable to multiple-voltage external power supplies by 
inserting parenthetical statements that change specific statements in 
the definition from singular to plural to account for the fact that 
multiple-voltage external power supplies have more than one output. 
Notwithstanding these revisions, the language of the ``no-load mode'' 
definition is the same as the language DOE codified in its December 
2006 final rule (71 FR at 71368) and contained in section 321 of EPCA, 
as amended by section 301(a)(1)(A) of EISA. Section III.A.2.i above 
discusses the definition as it relates to ``no-load mode.''
    Additionally, DOE proposes revising the definition of ``total 
harmonic distortion'' to make it consistent with the definitions of 
total harmonic distortion contained in the IEEE Standard 1515-2000 and 
the CEC IPS Test Procedure. DOE's current definition, also codified in 
the December 2006 test procedure final rule (71 FR at 71368), describes 
total harmonic distortion in general terms but does not include a 
mathematical equation, which would enhance the clarity of the 
definition. DOE found in its recent review of definitions used by IEEE 
Standard 1515-2000 and the CEC EPS and IPS Test Procedures all include 
an equation in helping to define total harmonic distortion. Therefore, 
to ensure consistency and uniformity with these other definitions, DOE 
proposes to add an equation to the definition of total harmonic 
distortion.
    Further, the proposed DOE definition for total harmonic distortion 
includes all harmonic components up to and including the nth harmonic, 
which is consistent with IEEE Standard 1515-2000 and the CEC IPS Test 
Procedure. However, in practice, the measurement of total harmonic 
distortion is limited to harmonics up to and including the 13th 
harmonic. This limitation is due to the CEC EPS Test Procedure 
referenced in section 3 of Appendix Z that the ``THD of the supply 
voltage * * * shall not exceed 2%, up to and including the 13th 
harmonic.'' Thus, although the proposed DOE definition is more 
expansive than the definition contained in the CEC EPS Test Procedure, 
barring any other variables, the proposed test method incorporates 
limits that would yield the same measured results as the IEEE and IPS 
test methods. Accordingly, DOE believes that this revision will improve 
the clarity of the definition and align it with the industry's 
definitions of total harmonic distortion. DOE's proposed definition for 
THD would be inserted in Appendix Z, Section 2.u. and read as follows:

    Total harmonic distortion, expressed as a percent, is the 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. THD of current is defined as:

[GRAPHIC] [TIFF OMITTED] TP15AU08.004


where In is the RMS value of the nth harmonic of the current signal.

    Finally, DOE proposes revising the definition of ``true power 
factor'' in 10 CFR Part 430 by adding a statement to incorporate the 
effects of distortion and displacement. This statement clarifies that 
``true power factor'' should account for both components of power 
factor-distortion and displacement. Distortion refers to harmonic 
components that prevent the current waveform from being a perfect sine 
wave; displacement refers to a phase shift between the current and 
voltage waveforms. DOE believes that adding this statement to the 
definition of true power factor would remove any ambiguity of its 
interpretation. This proposed change would also allow DOE to align its 
definition with the definitions in the EPS Test Procedure, IEEE 
Standard 1515-2000, and IEEE Standard 100, all of which include this 
statement. The revised definition, which incorporates the effects of 
both distortion and displacement, would if adopted, be inserted into 
Appendix Z, Section 2.v. and read as follows:

    True power factor (PF) is the ratio of the active power (P) 
consumed in watts to the apparent power (S), drawn in volt-amperes.

[GRAPHIC] [TIFF OMITTED] TP15AU08.005

2. New Definitions
    Although the December 2006 final rule included numerous definitions 
related to battery charger and external power supply energy efficiency 
ratings, it did not define some terms that were omitted from the 
external power supply test procedure or common electrical engineering 
terms. DOE is concerned, however, that not clarifying these terms could 
lead to confusion or inconsistency in how the test procedure is 
applied. Accordingly, DOE is proposing to incorporate these new terms 
and definitions in section 2--``Definitions''--of Appendix Z.
    Specifically, DOE proposes to define separately ``active power'' 
and ``apparent power,'' which were previously defined within the 
definition of ``true power factor.'' DOE is also proposing definitions 
for ``ambient temperature'' and ``unit under test'' that are consistent 
with IEEE Standard 1515-2000. The Department is also proposing to 
define the terms ``minimum output current,'' ``multiple-voltage 
external power supply,'' and ``output bus,'' which are used in the 
context of the multiple-voltage external power supply test procedure. 
Additionally, DOE is proposing definitions of ``instantaneous power,'' 
``nameplate input frequency,'' ``nameplate input voltage,'' ``nameplate 
output current,'' ``nameplate output power,'' and ``nameplate output 
voltage'' that are consistent with definitions in the CEC EPS Test 
Procedure. Finally, DOE proposes to add a definition for ``switch-
selectable single-voltage external power supply'' similar to one under 
consideration by other countries. These proposed definitions are 
detailed below.
Active Power
    DOE proposes to define the term ``active power'' in its external 
power supply test procedure using the CEC EPS Test Procedure definition 
and including a reference to IEEE Standard 1515-2000. DOE has inserted 
a citation to IEEE Standard 1515-2000 because the IEEE definition 
contains a formula that could be helpful in explaining how voltage and 
current should be multiplied and integrated to determine active power. 
DOE is not proposing to include the IEEE Standard 1515-2000 equation in 
its definition because this equation is not part of the CEC EPS Test 
Procedure. DOE believes that its proposed definition for ``active 
power'' harmonizes with existing industry definitions and adds clarity 
to DOE's test procedure. The proposed definition, which would replace 
the definition

[[Page 48070]]

currently in Appendix Z, section 2.c., would read as follows:

    Active power means the RMS\17\ value of the instantaneous power 
taken over one period. (See IEEE Standard 1515-2000).
---------------------------------------------------------------------------

    \17\ RMS stands for ``Root Mean Square'' and is the square root 
of the average of the squares of a set of numbers (in this case, 
measured levels of instantaneous power consumption).
---------------------------------------------------------------------------

Ambient Temperature
    The proposed definition for ``ambient temperature'' is the same as 
the definition in the CEC EPS Test Procedure, IEEE Standard 1515-2000, 
and IEEE Standard 100, except that DOE uses the phrase ``unit under 
test,'' while the EPS Test Procedure simply uses the acronym ``UUT,'' 
and the IEEE Standard 100 definition uses the phrase ``object under 
consideration.'' While these are minor language differences, it is 
clear that in all cases the definitions are referring to the external 
power supply being tested and are otherwise substantially identical to 
each other. DOE believes that its proposed definition, which is exactly 
the same as IEEE Standard 1515-2000, aligns with the industry 
definitions of ambient temperature and clarifies the external power 
supply test procedure. Accordingly, DOE's proposed definition for 
ambient temperature would be inserted into Appendix Z, Section 2.d. and 
read as follows:

    Ambient temperature means the temperature of the ambient air 
immediately surrounding the unit under test.
Apparent Power
    DOE proposes to use the same definition for ``apparent power'' in 
its test procedure as the one found in the CEC EPS Test Procedure, IEEE 
Standard 1515-2000, and IEEE Standard 100. All three definitions 
specify that apparent power is the product of RMS voltage and RMS 
current. IEEE Standard 100 also describes how to calculate RMS voltage 
and RMS current. DOE believes that its proposed definition, which would 
be inserted in Appendix Z, Section 2.e. and be defined as ``the product 
of RMS voltage and RMS current,'' aligns with existing industry 
definitions of apparent power and clarifies the external power supply 
test procedure.
Instantaneous Power
    DOE proposes to include and define the term ``instantaneous power'' 
in its test procedure. The proposed definition adopts the language from 
the CEC EPS Test Procedure definition verbatim and represents the 
product of the instantaneous voltage and instantaneous current at a 
port (the terminal pair of a load). DOE believes that the CEC EPS Test 
Procedure definition is accurate and complete, and its adoption would 
help clarify this term for any users of the DOE test procedure. In 
addition, DOE cannot conceive of any reason why this definition would 
not be applicable to both single-voltage and multiple-voltage external 
power supplies. For all of these reasons, DOE proposes to define 
instantaneous power in Appendix Z, Section 2.f. as follows:

    Instantaneous power means the product of the instantaneous 
voltage and instantaneous current at a port (the terminal pair of a 
load).
Minimum Output Current
    DOE's proposed definition for minimum output current would describe 
this term precisely and clarify the external power supply test 
procedure, which uses the term minimum output current to specify the 
loading conditions for multiple-voltage units. DOE is proposing to 
define this term in Appendix Z, Section 2.g. as follows:

    Minimum output current means the minimum current that must be 
drawn from an output bus for an external power supply to operate 
within its specifications.
Multiple-Voltage External Power Supply
    DOE proposes to define the term ``multiple-voltage external power 
supply'' in its test procedure. As discussed in section III.B, DOE 
proposes to incorporate into its test procedure a method that 
manufacturers can use to test and report on the efficiency of a 
multiple-voltage external power supply. The proposed definition is 
based on the language used in the CEC EPS Test Procedure for single-
voltage external power, adapted to multiple-voltage units with more 
than one output. DOE believes that its proposed definition is accurate 
and complete, and its adoption would help to clarify this term for any 
users of the DOE test procedure. Accordingly, DOE is proposing to 
define this term in Appendix Z, Section 2.h. as follows:

    Multiple-voltage external power supply means an external power 
supply that is designed to convert line voltage AC input into more 
than one simultaneous lower-voltage output.
Nameplate Input Frequency, Input Voltage, Output Current, Output Power, 
and Output Voltage
    DOE proposes to define the terms ``nameplate input frequency,'' 
``nameplate input voltage,'' ``nameplate output current,'' ``nameplate 
output power,'' and ``nameplate output voltage'' in its test procedure. 
These terms all refer to the manufacturers' ratings affixed to the 
outside of the case of an external power supply denoting the maximum or 
typical input and output parameters. The proposed DOE definitions are 
consistent with the CEC EPS Test Procedure definitions but more 
concise. DOE found in its review of definitions that the CEC EPS Test 
Procedure definitions included illustrative language or examples, which 
DOE believes extraneous to its purposes. Accordingly, DOE is proposing 
to define these terms in Appendix Z, Sections 2.i-2.m as follows:

    i. Nameplate input frequency means the AC input frequency of the 
power supply as specified on the manufacturer's label on the power 
supply housing.
    j. Nameplate input voltage means the AC input voltage of the 
power supply as specified on the manufacturer's label on the power 
supply housing.
    k. Nameplate output current means the current output of the 
power supply as specified on the manufacturer's label on the power 
supply housing (either DC or AC).
    l. Nameplate output power means the power output of the power 
supply as specified on the manufacturer's label on the power supply 
housing.
    m. Nameplate output voltage means the voltage output of the 
power supply as specified on the manufacturer's label on the power 
supply housing (either DC or AC).
Output Bus
    DOE proposes to define the term ``output bus'' in its test 
procedure for external power supplies. An output bus is physically 
composed of output wires from the power supply that are able to deliver 
power to a load. DOE proposes to define this term in Appendix Z, 
Section 2.p. as follows:

    Output bus means any of the outputs of the power supply, to 
which loads can be connected and from which power can be drawn, as 
opposed to signal connections used for communication.
Switch-Selectable Single-Voltage External Power Supply
    Since this rulemaking proposes a test method under which 
manufacturers would test and state the efficiency of their switch-
selectable single-voltage external power supplies, DOE also proposes to 
include and define in its test procedure the term ``switch-selectable 
single-voltage external power supply.'' DOE seeks to clarify the 
distinction between a ``switch-selectable single-voltage power 
supply,'' which provides only one of several output voltages at a time, 
and a ``multiple-voltage external power supply,'' which provides 
multiple voltages simultaneously. DOE's proposed definition for this 
term is based on a draft Australian/New Zealand standards

[[Page 48071]]

document and, if adopted, would help harmonize its usage. Accordingly, 
DOE is proposing to define this term in Appendix Z, Section 2.t. as 
follows:

    Switch-selectable single-voltage external power supply means a 
single-voltage AC-AC or AC-DC power supply that allows users to 
choose from more than one output voltage.
Unit Under Test
    Finally, DOE proposes to define the term ``unit under test'' in its 
external power supply test procedure. The proposed definition into 
Appendix Z to Subpart B of Part 430, Section 2.w states that the unit 
under test means ``the external power supply being tested.'' Since the 
unit under test in this test procedure always applies to the external 
power supply being tested, DOE's proposed definition is consistent with 
how this term is interpreted by industry when using the external power 
supply test procedure.
    DOE welcomes stakeholder comments on all of the proposed 
definitions for the external power supply test procedure.

D. Single-Voltage External Power Supply Test Procedure Amendments

    During the development of the test procedure for multiple-voltage 
external power supplies, DOE found areas for improvement in its 
existing (single-voltage) external power supply test procedure codified 
in Appendix Z. To improve the existing (single-voltage) external power 
supply test procedure, DOE is weighing the incorporation of a number of 
changes to Appendix Z. These changes would involve sections 3 and 4 and 
would, among other things, help tighten the testing requirements to 
help improve the accuracy of test results.
    Specifically, DOE is considering four changes to the Test Apparatus 
and General Instructions (section 3 of Appendix Z): (1) Adopting the 
same three-step resolution requirement for equipment at powers greater 
than 10 W; (2) replacing the requirement on AC input voltage source 
output power with a requirement that the AC source voltage remain 
within 1 percent of 115 volts; (3) loosening the AC source voltage THD 
requirement from less than or equal to 2 percent to less than or equal 
to 3 percent; and (4) requiring full accounting of losses associated 
with the test leads. These proposed changes are designed to improve the 
existing test conditions and clarify the test procedure instructions.
    A further change to section 4 of Appendix Z would tighten the 
stability requirement for power measurement from 5 percent to 1 
percent, yielding more repeatable and accurate test results. DOE 
specifically requests stakeholder comments on the possibility of 
amending some of the same requirements in its single-voltage external 
power supply test procedure as are proposed in section III.B above for 
multiple-voltage external power supplies (section III.B).
    DOE believes that incorporating the proposed changes for multiple-
voltage external power supplies into the single-voltage test procedure 
would improve the accuracy and repeatability of measurements and, on 
the whole, ease the testing burden on manufacturers. However, while DOE 
believes that the proposed amendments for multiple-voltage EPSs are 
both reasonable and appropriate, DOE is also concerned about departures 
from the CEC EPS Test Procedure (single-voltage) requirements, which 
have been adopted internationally. Consequently, DOE is not proposing 
revised regulatory text for single-voltage EPSs, but is considering 
whether to revise the current test procedure in the manner described in 
the sections that follow. Stakeholder comments are sought on this issue 
to help DOE decide whether to incorporate these revisions in the final 
rule. As discussed in the following sections, DOE is considering 
amending the single-voltage test procedure, regarding measurement 
resolution and uncertainty, AC source voltage requirements, AC source 
distortion requirements, test lead loss measurements, and power 
measurement stability requirements. DOE is requesting comments on these 
changes under consideration.
1. Measurement Resolution and Uncertainty
    The Test Apparatus and General Instructions section (section 3 of 
Appendix Z) of the DOE power supply test procedure references the CEC 
EPS Test Procedure, which sets out in section 4.b a requirement that 
all power measurements shall be made with a measurement resolution of 
0.01 W or better. As discussed in section III.B.1.i above, this 
requirement would likely be burdensome and not result in significant 
gains in measurement accuracy. This measurement resolution requirement 
is also in conflict with IEC Standard 62301, which incorporates the 
aforementioned three-tiered approach for measurement resolution. To 
address this difference between the DOE test procedure and IEC Standard 
62301, DOE is considering adopting the IEC 62301 approach by amending 
the single-voltage external power supply test procedure in section 3(a) 
of Appendix Z to include the following resolution requirement for power 
measurements: (1) 0.01 W or better for measurements of 10 W or less, 
(2) 0.1 W or better for measurements of greater than 10 W up to 100 W, 
and (3) 1 W or better for measurements of greater than 100 W.
    Similarly, the CEC IPS Test Procedure qualifies its measurement 
uncertainty requirements by including confidence levels, which are 
missing both from the CEC EPS and DOE single-voltage test procedure. 
Adopting these confidence levels would complete the single-voltage test 
procedure and align it with general engineering practice and IEC 
Standard 62301.
2. AC Source Voltage Requirement
    The Test Apparatus and General Instructions section of the DOE test 
procedure (section 3 of Appendix Z) references the CEC EPS Test 
Procedure, which sets a requirement in section 4.e that the AC source 
voltage have an output power 10 times greater than the nameplate output 
power of the unit under test. As discussed in section III.B.1.ii above, 
this requirement may be burdensome for testing laboratories and may not 
guarantee a constant voltage in cases of significant reactive power 
draw due to a unit under test with a low power factor. DOE is therefore 
considering amending its single-voltage external power supply test 
procedure in section 3(a) of Appendix Z to include a requirement that 
the AC source voltage not deviate by more than 1 percent from its 
nominal value, achievable with an AC voltage regulator and, where 
practicable, the input voltage source be capable of delivering at least 
10 times the nameplate input power of the unit under test (as 
recommended by IEEE Standard 1515-2000).
3. AC Source Distortion Requirement
    The Test Apparatus and General Instructions section of the DOE test 
procedure (section 3 of Appendix Z) references the CEC EPS Test 
Procedure, which includes a requirement in section 4.e that the AC 
source have a THD of less than 2 percent. As discussed in section 
III.B.1.iii of this notice, this requirement may be burdensome, since 
the specifications of common laboratory-grade AC regulators that DOE 
has reviewed can only guarantee a THD of less than 3 percent, not 2 
percent. DOE is therefore considering amending the single-voltage 
external power supply test in section 3(a) of Appendix Z procedure to 
include a requirement that the AC source THD be no greater than 3 
percent, consistent with DOE's proposal for multiple-voltage external 
power supplies.

[[Page 48072]]

4. Test Lead Loss Measurement
    The Test Apparatus and General Instructions section of the DOE test 
procedure (section 3 of Appendix Z) references the CEC EPS Test 
Procedure, which sets a requirement that the test apparatus use leads 
with ``large gauge and short length.'' CEC EPS Test Procedure, section 
4.f. As discussed in section III.B.1.iv, this requirement does not 
fully account for, or explicitly limit, the error that may be 
introduced into the measurements due to test lead resistance. DOE is 
therefore considering following the approach used in the CEC IPS Test 
Procedure by amending the single-voltage external power supply test 
procedure in section 3(a) of Appendix Z to include a requirement that 
the testing laboratory account for and document the losses in the test 
leads.
5. Power Measurement Stability Requirement
    The Test Measurement section of the DOE test procedure (section 4 
of Appendix Z) references the CEC EPS Test Procedure, which sets a 
requirement in section 5.d that the AC input power into the unit under 
test must not drift by more than 5 percent from the maximum value 
observed when conducting instantaneous measurements. As discussed in 
section III.B.2.i, DOE believes that this 5-percent stability 
requirement is not stringent enough and could introduce some error into 
the efficiency measurement.
    To address this issue, DOE is considering adopting part of the 
procedures presented in the CEC IPS Test Procedure by amending the 
requirements in the single-voltage external power supply test procedure 
in section 4(a) of Appendix Z to require a 1-percent stability 
criterion, while retaining provisions for the calculation of average 
power through integration when that stability requirement cannot be 
met.

E. Switch-Selectable Voltage External Power Supplies

    In reviewing the DOE test procedure (Appendix Z), DOE noted that it 
does not explain to manufacturers how they should test and rate 
external power supplies that incorporate a switch that enables users to 
vary the output voltage of the unit under test. To remedy this gap, DOE 
proposes that external power supplies with a switch-selectable output 
voltage shall be tested at the maximum and minimum voltage setting. 
Under this proposal, an external power supply with a switch-selectable 
output voltage would be considered in compliance with an energy 
efficiency standard if it meets or exceeds the minimum requirements at 
both its lowest and highest selectable output voltage. Conducting both 
tests makes DOE's procedures consistent with those of the ENERGY STAR 
\18\ and Australian and New Zealand \19\ external power supply 
efficiency programs.
---------------------------------------------------------------------------

    \18\ ``ENERGY STAR[supreg] Program Requirements for Single 
Voltage-voltage External Ac-Dc and Ac-Ac Power Supplies Eligibility 
Criteria (Version 2.0),'' Final Draft, February 19, 2008.
    \19\ AS/NZS 4665.2, ``Minimum Energy Performance Standards 
(MEPS) Requirements,'' Draft.
---------------------------------------------------------------------------

F. Submission of Certification Test Data to DOE

    Manufacturers of covered and regulated products must file 
documentation with DOE to certify that the products they are 
distributing into commerce in the United States are compliant with the 
Federal energy conservation standards. EISA modified EPCA by 
establishing standards for Class A external power supplies, including 
minimum active-mode efficiency and maximum no-load power consumption. 
In prescribing these standards, Congress effectively extended the pre-
existing certification requirements to apply to Class A external power 
supplies. Consequently, DOE is including these products in the 
requirements of 10 CFR part 430.
1. Background
    In its July 2006 NOPR, DOE had proposed several components of the 
certification and enforcement procedure for both battery chargers and 
external power supplies, including definitions of ``basic model'' and 
``covered product,'' a sampling plan, and test procedures. 71 FR at 
42178. In December 2006, DOE codified some of the measures proposed in 
the July 2006 NOPR, including modifications to the definitions of 
``basic model'' and ``covered product'' and the test procedures. 71 FR 
at 71340.
    In the following section, DOE provides a summary review and several 
cross-references to its actions with respect to the certification and 
enforcement provisions for battery chargers and external power 
supplies.
i. Definition of ``Basic Model''
    In its December 2006 Final Rule, DOE codified amendments to the 
definition of ``basic model'' in 10 CFR 430.2 to make it applicable to 
battery chargers and external power supplies. 71 FR at 71365. These 
amendments to the definition of a basic model establish how this term 
applies to these two products. The basic model concept is important 
because it represents the level at which manufacturers must demonstrate 
that they comply with any Federal regulation. By including discussion 
of this term in today's NOPR, DOE is not re-opening and revising the 
definitions of basic model for battery chargers or external power 
supplies. Instead, DOE is including this discussion to facilitate 
stakeholder interpretation of how this term, previously defined, 
applies to these two products.
    The codified language adopted in December 2006 concerning the basic 
model definitions for battery chargers and external power supplies read 
as follows:

    Basic model means all units of a given type of covered product 
(or class thereof) manufactured by one manufacturer and--
* * * * *
    (25) With respect to battery chargers, which have electrical 
characteristics that are essentially identical, and which do not 
have any different physical or functional characteristics that 
affect energy consumption.
    (26) With respect to external power supplies, which have 
electrical characteristics that are essentially identical, and which 
do not have any different physical or functional characteristics 
that affect energy consumption.

    As previously discussed, EISA established energy conservation 
standards for Class A external power supplies. Starting on the 
effective date of that standard, manufacturers are required to track 
the efficiency of their designs and certify compliance at the basic 
model level. The phrase ``any different physical or functional 
characteristics that affect energy consumption'' means that any 
modification for a particular product which changes the efficiency 
becomes a new basic model. In other words, three 50 W power supplies 
having similar electrical design characteristics but having 8 V, 18 V 
and 40 V outputs would be classified as three different basic models 
because the functional characteristic of output voltage will affect 
efficiency. Similarly, three 50 W power supplies having exactly the 
same electrical design characteristics but having a 4 foot, 6 foot, and 
8 foot output cords would be classified as three different basic models 
because this physical characteristic affects energy consumption. In 
essence, if an EPS manufacturer creates a custom design to fulfill an 
order from a customer, that design would represent a new basic model if 
any modification to that design affects the energy consumption of the 
device.

[[Page 48073]]

ii. Definition of ``Covered Product''
    In its December 2006 Final Rule, DOE codified an amendment to the 
definition of ``covered product'' in 10 CFR 430.2 to clarify that the 
term applies to a ``battery charger'' and an ``external power supply.'' 
71 FR at 71366. Following that amendment, the definition of a covered 
product reads as follows:

    Covered product means a consumer product: (1) Of a type 
specified in section 322 of the Act, or (2) That is a ceiling fan, 
ceiling fan light kit, medium base compact fluorescent lamp, 
dehumidifier, battery charger, external power supply, or torchiere.
iii. Sampling Plan
    DOE is in the process of completing and publishing its Final Rule 
to address those items that were not addressed in the December 2006 
final rule. These items include codifying the sampling plans that were 
proposed in July 2006, including one each for battery chargers and 
external power supplies. The sampling plan determines the number of 
units of each basic model a manufacturer must test as the basis for 
rating the model and determining whether it complies with an applicable 
Federal standard.
    The sampling plans follow the same approach as for other regulated 
products listed in 10 CFR Part 430. When proposing these sampling plans 
for battery chargers and external power supplies, DOE considered four 
factors: (1) Minimizing manufacturers' testing time and costs; (2) 
assuring compatibility with other sampling plans the Department has 
promulgated; (3) providing a highly statistically valid probability 
that basic models that are tested meet applicable energy conservation 
standards; and (4) providing a highly statistically valid probability 
that a manufacturer preliminarily found to be in noncompliance will 
actually be in noncompliance.
    In the July 2006 NOPR, DOE proposed the following rule language 
with respect to the sampling plan for battery chargers (71 FR at 
42204):

    (aa) For each basic model of battery charger selected for 
testing, a sample of sufficient size shall be selected at random and 
tested to ensure that--(1) Any represented value of the estimated 
nonactive energy ratio or other measure of energy consumption of a 
basic model for which consumers would favor lower values shall be no 
less than the higher of: (i) The mean of the sample, or (ii) The 
upper 97.5 percent confidence limit of the true mean divided by 
1.05, and (2) Any represented value of the estimated nonactive 
energy ratio or other measure of energy consumption of a basic model 
for which consumers would favor higher values shall be no greater 
than the lower of: (i) The mean of the sample, or (ii) The lower 
97.5 percent confidence limit of the true mean divided by 0.95.

    In the July 2006 NOPR, DOE proposed the following rule language 
with respect to the sampling plan for external power supplies (71 FR at 
42204):

    (bb) For each basic model of external power supply selected for 
testing, a sample of sufficient size shall be selected at random and 
tested to ensure that--(1) Any represented value of the estimated 
energy consumption of a basic model for which consumers would favor 
lower values shall be no less than the higher of: (i) The mean of 
the sample, or (ii) The upper 97.5 percent confidence limit of the 
true mean divided by 1.05, and (2) Any represented value of the 
estimated energy consumption of a basic model for which consumers 
would favor higher values shall be no greater than the lower of: (i) 
The mean of the sample, or (ii) The lower 97.5 percent confidence 
limit of the true mean divided by 0.95.
iv. Test Procedures
    In the December 2006 Final Rule, DOE codified two test procedures 
for measuring the performance of battery chargers and external power 
supplies. 71 FR at 71366 and 71368. These same test procedures are 
discussed extensively in this Federal Register notice, as DOE is 
proposing modifications to the test procedures for both products. The 
two test procedures are codified in Appendices Y and Z.
    DOE anticipates that, like most other regulated products, 
manufacturers will test and certify their own products as being 
compliant with any national regulatory standard. Some manufacturers may 
choose to outsource this testing to a third-party test facility that is 
certified for efficiency measurements of battery chargers and external 
power supplies; however, DOE does not require independent test lab 
results. Rather, DOE does accept test reports from manufacturers if (1) 
their in-house testing facilities are capable of complying with all the 
requirements of DOE's test procedures, including equipment tolerances 
and accuracy requirements, and (2) the technicians conducting the 
testing on the unit under test follow the test procedure methodology 
exactly.
v. Enforcement Provisions
    Once DOE has adopted the sampling requirements for battery chargers 
and external power supplies at the conclusion of this rulemaking, each 
product will automatically become subject to the existing certification 
and enforcement provisions in 10 CFR part 430. These provisions include 
section 430.62 for certification, and sections 430.61, 430.71, 430.72, 
430.73, and 430.74 for enforcement. DOE discussed the applicability of 
the enforcement provisions in its July 2006 NOPR. 71 FR at 42191-42195.
    The required certification report would be submitted for all basic 
models of a covered product, limited currently to Class A external 
power supplies, and shall include for each basic model the product 
type, product class, the manufacturer's name, the private labeler's 
name(s) (if applicable), the manufacturer's model number(s), and the 
active-mode efficiency and no-load-mode power consumption of that basic 
model. As discussed in sections II.E and III.E of today's notice, DOE 
is proposing that manufacturers of Class A external power supplies 
incorporating a switch-selectable output voltage report the measured 
active-mode efficiency and no-load-mode power consumption at the lowest 
and highest selectable output voltages.
2. Alternative Reporting Methodology Under Consideration
    DOE's standard certification reporting procedure requires 
manufacturers to report on the efficiency or energy or water 
consumption of each basic model of a covered product. As discussed in 
section III.F.1.i, a basic model constitutes those designs that have no 
differentiating electrical, physical, or functional features that 
affect energy consumption. For external power supplies, DOE understands 
that many of these devices are custom-built to OEM specifications. 
These custom designs often incorporate customer-specified features or 
performance criteria that impact the energy consumption of the power 
supply and establish the design as a new and unique basic model. 
Therefore, due to the way in which external power supplies are 
specified and manufactured, customized designs will virtually always be 
a different basic model. DOE understands that some manufacturers could 
produce significant numbers of basic models each year and is concerned 
that by applying the standard certification and reporting requirements 
as found in 10 CFR part 430, it may be placing significant burden on 
manufacturers.
    While manufacturers would be required to report to DOE on each 
basic model manufactured, DOE is also considering allowing 
manufacturers to choose an alternative approach to certification 
reporting which may alleviate some manufacturer burden. DOE may adopt 
this alternative approach in the final rule if DOE concludes that this 
alternative approach would reduce manufacturer testing and

[[Page 48074]]

reporting burden while ensuring compliance with the mandatory 
standards.
    DOE's alternative approach is based on how the Environmental 
Protection Agency allows for reporting and certification of 
``families'' of external power supplies in the ENERGY STAR program. In 
this approach, manufacturers establish design families, which are 
groups of basic models that have the same wattage rating, input 
voltage(s), and fundamental electrical circuit design, but which have 
different output voltages. For example, a design family may consist of 
five EPSs, all rated at 20 W, but having output voltages ranging from 5 
V through 40 V. In the ENERGY STAR program, manufacturers may choose to 
certify only the highest and lowest rated voltage within that design 
family, and then certify compliance on all basic models within that 
group if both models are in compliance. Manufacturers are still held 
responsible for the individual compliance of all basic models within 
certified design families.
    DOE's main concern about allowing manufacturers to establish a 
``design family'' approach to certifying groups of basic models is that 
manufacturers could change the wire gauge and potentially the length of 
the output cable. Due to the fact that the resistance of output wire 
can contribute to approximately 10 to 20 percent of the total losses 
incurred by an external power supply, DOE is concerned that 
manufacturers may use particular output wires to qualify the highest 
and lowest voltage EPS in a design family, and then use output wires 
with higher losses for the interim voltages, which may cause one or 
more of those basic models to be non-compliant. For this reason, like 
EPA, DOE would require manufacturers who may choose this so-called 
alternative approach to certify compliance of all basic models, even if 
they are only reporting on a limited subset within a design family.
    DOE is considering this alternative approach because (1) 
manufacturers would still be held accountable for the compliance of all 
basic models manufactured or imported; (2) it offers a means by which 
reporting burden on manufacturers could be reduced; and (3) DOE 
believes that the external power supply market dynamics (i.e., how 
orders are placed and fulfilled) may warrant this approach. DOE invites 
stakeholder comment on this alternative approach for reducing 
manufacturer burden when reporting on the compliance of basic models 
produced.
    DOE provided a suggested format for the compliance statement and 
certification report in Appendix A to Subpart F of part 430--Compliance 
Statement and Certification Report, which was published in a final rule 
in March 1998 (63 FR 13321).\20\ These reporting requirements are 
consistent with requirements and burdens placed on manufacturers of 
other covered and regulated products. DOE is also providing 
stakeholders the suggested format below in Figure III.1.
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BILLING CODE 6450-01-P

[[Page 48075]]

[GRAPHIC] [TIFF OMITTED] TP15AU08.000

BILLING CODE 6450-01-C

[[Page 48076]]

IV. Public Participation

A. Attendance at Public Meeting

    The time and date of the public meeting are listed in the DATES 
section at the beginning of this NOPR. The public meeting will be held 
at the U.S. Department of Energy, Forrestal Building, Room 1E-245, 1000 
Independence Avenue, SW., Washington, DC 20585-0121. To attend the 
public meeting, please notify Ms. Brenda Edwards at (202) 586-2945. 
(Please note that foreign nationals participating in the public meeting 
are subject to advance security screening procedures which may take up 
to 30 days. If a foreign national wishes to participate in the 
workshop, please inform DOE as soon as possible by contacting Ms. 
Brenda Edwards at the number above so that the necessary procedures can 
be completed.)

B. Procedure for Submitting Requests To Speak

    Any person who has an interest in the topics addressed in this 
notice, or who is a 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 public meeting. Such persons may hand deliver 
requests to speak to the address shown in the ADDRESSES section at the 
beginning of this notice between 9 a.m. and 4 p.m., Monday through 
Friday, except Federal holidays. Requests may also be sent by mail or 
e-mail to: Ms. Brenda Edwards, U.S. Department of Energy, Building 
Technologies Program, 6th Floor, 950 L'Enfant Plaza, SW., Washington, 
DC 20024, or <a href="/cdn-cgi/l/email-protection#3e7c4c5b505a5f107b5a495f4c5a4d7e5b5b105a515b10595148"><span class="__cf_email__" data-cfemail="1f5d6d7a717b7e315a7b687e6d7b6c5f7a7a317b707a31787069">[email protected]</span></a>. Persons who wish to speak 
should include in their request a computer diskette or CD in 
WordPerfect, Microsoft Word, PDF, or text (ASCII) file format that 
briefly describes the nature of their interest in this rulemaking and 
the topics they wish to discuss. This person should also provide a 
daytime telephone number where he or she can be reached. DOE requests 
that those persons who are scheduled to speak submit a copy of their 
statements at least two weeks prior to the public meeting. DOE may 
permit any person who cannot supply an advance copy of this statement 
to participate if that person has made alternative arrangements with 
the Building Technologies Program in advance. When necessary, the 
request to give an oral presentation should ask for such alternative 
arrangements.

C. Conduct of Public Meeting

    DOE will designate a DOE official to preside at the public meeting 
and may also employ a professional facilitator to aid discussion. The 
public meeting will be conducted in an informal conference style. The 
meeting will not be a judicial or evidentiary public hearing, but DOE 
will conduct it in accordance with 5 U.S.C. 553 and section 336 of EPCA 
(42 U.S.C. 6306). There shall be no discussion of proprietary 
information, costs or prices, market share, or other commercial matters 
regulated by U.S. antitrust laws.
    DOE reserves the right to schedule the order of presentations and 
to establish the procedures governing the conduct of the public 
meeting. A court reporter will record the proceedings and prepare a 
transcript.
    At the public meeting, DOE will provide an opportunity to 
stakeholders to present summaries of any comments they submitted to DOE 
before the public meeting, and encourage all interested parties to 
share their views on issues affecting this rulemaking. Each participant 
may present a prepared general statement (within time limits determined 
by DOE) before the discussion of specific topics. Other participants 
may comment on any general statements. After the completion of all 
prepared statements, participants may clarify their statements and 
comment on statements made by others. Participants should be prepared 
to answer questions from DOE and other participants. Department 
representatives may also ask questions about other matters relevant to 
this rulemaking. The official conducting the 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 procedures needed for the proper conduct of the public 
meeting.
    DOE will make the entire record of this proposed rulemaking, 
including the transcript from the public meeting, available for 
inspection at the U.S. Department of Energy, 6th Floor, 950 L'Enfant 
Plaza, SW., Washington, DC 20024, (202) 586-9127, between 9 a.m. and 4 
p.m., Monday through Friday, except Federal holidays. A copy of the 
transcript will be posted online.

D. Submission of Comments

    DOE will accept comments, data, and information regarding this 
notice, the proceeding of the public meeting, or any aspect of the 
rulemaking no later than the date provided at the beginning of this 
notice. Comments, data, and information submitted to DOE's e-mail 
address for this rulemaking should be provided in WordPerfect, 
Microsoft Word, PDF, or text (ASCII) file format. Stakeholders should 
avoid the use of special characters or any form of encryption, and 
wherever possible, comments should include the electronic signature of 
the author. Absent an electronic signature, comments submitted 
electronically must be followed and authenticated by submitting a 
signed original paper document to the address provided at the beginning 
of this notice. Comments, data, and information submitted to DOE by 
mail or hand delivery/courier should include one signed original paper 
copy. No telefacsimiles (faxes) will be accepted.
    According to 10 CFR 1004.11, any person submitting information that 
he or she believes to be confidential and exempt by law from public 
disclosure should submit two copies: one copy of the document including 
all the information believed to be confidential, and one copy of the 
document with the information believed to be confidential deleted. DOE 
will make its own determination as to the confidential status of the 
information and treat it according to its determination.
    Factors of interest to DOE when evaluating requests to treat 
submitted information as confidential include (1) a description of the 
items; (2) whether and why such items are customarily treated as 
confidential within the industry; (3) whether the information is 
generally known or available from public sources; (4) whether the 
information has previously been made available to others without 
obligation concerning its confidentiality; (5) an explanation of the 
competitive injury to the submitting person which would result from 
public disclosure; (6) a date after which such information might no 
longer be considered confidential; and (7) why disclosure of the 
information would be contrary to the public interest.
    After the public meeting and the expiration of the period for 
submission of written statements, DOE will begin conducting the 
analyses as discussed at the public meeting and reviewing the comments 
received.

E. Issues on Which DOE Seeks Comment

    Comments are welcome on all aspects of this rulemaking. However, 
DOE is particularly interested in receiving comments and views of 
interested parties concerning the following issues:
1. Standby Mode and Off Mode
    DOE invites stakeholder comments on the proposed approach for 
defining

[[Page 48077]]

standby mode and off mode for both battery chargers and external power 
supplies. DOE also invites comment on the proposed test methods for 
measuring standby mode and off mode energy consumption for external 
power supplies, including whether the duration of the measurement is 
sufficiently long. (See section III.A.)
2. Definitions in the Test Procedures
    DOE proposes to revise certain existing definitions and to add 
several new definitions to harmonize with ENERGY STAR test procedures 
and enhance the clarity and transparency of DOE's test procedure. DOE 
also proposes some new definitions that are necessary for the multiple-
voltage external power supply test procedure proposed in today's 
notice. DOE invites comments from stakeholders on all the definitions 
proposed in today's notice. (See section III.C.)
3. Measurement Resolution and Uncertainty
    DOE seeks comment on its proposal to allow measurement resolution 
to scale with the magnitude of power measured, which would make DOE's 
test procedure consistent with IEC Standard 62301. More specifically, 
DOE proposes changing the measurement equipment minimum resolution to 
0.1 watts for measurements taken that are greater than 10 watts up to 
100 watts and 1 watt for measurements taken that are greater than 100 
watts. In making this change, the DOE proposal maintains a resolution 
of 0.5 percent or better at all times. DOE proposes to fully qualify 
the uncertainty of measurement specification by requiring a 95-percent 
confidence level on the measurement resolution requirements. DOE 
invites comments from stakeholders on this proposed change, and any 
possible impacts of these changes on testing burden and measurement 
accuracy. (See sections III.B.1.i and III.D.1.)
4. AC Source Voltage Requirements
    DOE seeks comments on the proposed changes to the specification 
regarding regulation and harmonic distortion of the AC input voltage 
source. In particular, DOE welcomes comments on the impacts of the 
changes on the testing burden or measurement accuracy and 
repeatability. (See sections III.B.1.ii, III.B.1.iii, III.D.2 and 
III.D.3.)
5. Test Lead Loss Measurement
    DOE seeks comments on the proposed requirement that the testing 
laboratory explicitly account for losses due to the test leads. In 
particular, DOE invites comments on the impacts of this requirement on 
measurement accuracy and testing burden. (See sections III.B.1.iv and 
III.D.4.)

    6. Power Measurement Stability Requirements
    DOE invites stakeholder comments on its proposed requirements that 
measured power stabilization to within 1 percent before measurements 
are recorded. The proposal allows for average measurements in case 
sufficient stability cannot be achieved. DOE welcomes comments on the 
impacts of this proposal on testing burden and measurement accuracy and 
repeatability. (See sections III.B.2.i and III.D.5.)
7. Loading Conditions for Multiple-Voltage External Power Supplies
    DOE seeks comments on all issues pertaining to loading of multiple-
voltage external power supplies. In particular, DOE invites comments on 
the nominal loading conditions (100 percent, 75 percent, 50 percent, 
and 25 percent of nameplate output current), the proportional 
allocation method for derating load currents, possible further 
adjustments to loading conditions due to minimum output current 
requirements, and no-load mode testing requirements. (See section 
III.B.2.)
8. Single-Voltage External Power Supply Test Procedure
    DOE seeks comments on the changes under consideration to the 
single-voltage external power supply test procedure, specifically 
whether these changes would improve the accuracy and repeatability of 
measurements, bringing the test procedure more in line with current 
industry standards and test methods. (See section III.D.)
9. Switch-Selectable Single-Voltage External Power Supplies
    DOE invites comments on its proposed method for testing switch-
selectable single-voltage external power supplies. In particular, DOE 
welcomes comments on its proposal for testing such units at both their 
highest and lowest voltage settings, and requiring they meet 
appropriate standards at both settings. (See section III.E.)
10. Submission of Certification Test Data to DOE
    DOE seeks comment on whether manufacturers should be required to 
file paperwork on every basic model or whether they should be allowed 
to form ``design families'' and only certify the highest and lowest 
voltage design within each family (while still being held accountable 
for compliance of all basic models within that family). (See section 
III.F.)

V. Procedural Issues and Regulatory Review

A. Review Under Executive Order 12866

    This proposed rule has been determined to be not a ``significant 
regulatory action'' under section 3(f)(1) of Executive Order 12866, 
``Regulatory Planning and Review.'' 58 FR 51735 (October 4, 1993). 
Accordingly, OMB did not review this document.

B. Review Under the Regulatory Flexibility Act

    The Regulatory Flexibility Act (5 U.S.C. 601 et seq., as amended by 
the Small Business Regulatory Enforcement Fairness Act of 1996) 
requires preparation of an initial regulatory flexibility analysis for 
any rule that by law must be proposed for public comment, unless the 
Department certifies that the rule, if promulgated, will have no 
significant economic impact on a substantial number of small entities. 
A regulatory flexibility analysis examines the impact of the rule on 
small entities and considers alternative ways of reducing negative 
impacts. Also, 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 Web site: http://www.gc.doe.gov.
    EPACT amended EPCA to incorporate into DOE's energy conservation 
program certain additional consumer products and commercial and 
industrial equipment, including battery chargers and external power 
supplies. With regard to these products, EPCA, as amended by EPACT, 
directed DOE to codify relevant definitions and test procedures, hold a 
Scoping Workshop public meeting to discuss DOE's plans for developing 
energy conservation standards, and finally, conduct a determination 
analysis on the feasibility of standards. On December 8, 2006, DOE 
published definitions and test procedures for battery chargers and 
external power supplies in the Federal Register. 71 FR 71340. Today, 
DOE proposes amendments to some of these definitions and test 
procedures in compliance with EPCA, as amended by EISA.

[[Page 48078]]

    DOE reviewed today's proposed rule under the provisions of the 
Regulatory Flexibility Act and the policies and procedures published on 
February 19, 2003. As part of this rulemaking, DOE examined the 
existing compliance costs already borne by manufacturers and compared 
them to the revised compliance costs due to the proposed amendments in 
this NOPR, namely, the adoption of test procedures for multiple-voltage 
external power supplies and the measurement of energy consumption of 
battery chargers and external power supplies during standby and off-
mode, amendments to the current single-voltage external power supply 
test procedure, and reporting requirements for Class A external power 
supplies.
    The proposed amendments to the single-voltage test procedure are 
based on tests commonly used by industry and would, in some respects, 
reduce testing costs by introducing changes designed to ensure testing 
repeatability and practicability. Regarding the reporting requirements 
for Class A external power supplies, since manufacturers would 
routinely need to test their products to ensure that they comply with 
the new standards set forth in EISA, the submission of a single page 
certifying compliance with those standards would not likely increase 
manufacturer costs significantly.
    Accordingly, DOE does not find that the revisions proposed in this 
document would result in any significant increase in testing or 
compliance costs and tentatively concludes and certifies that this 
rulemaking would not impose a significant impact on a substantial 
number of small businesses manufacturing covered battery chargers and 
external power supplies. Accordingly, DOE has not prepared a regulatory 
flexibility analysis for this rulemaking. DOE's certification and 
supporting statement of factual basis will be provided to the Chief 
Counsel for Advocacy of the Small Business Administration pursuant to 5 
U.S.C. 605(b).

C. Review Under the Paperwork Reduction Act

    Under the Paperwork Reduction Act of 1995 (PRA) (44 U.S.C. 3500 et 
seq.), a person is not required to respond to a collection of 
information by a Federal agency unless the collection displays a valid 
OMB control number. This NOPR would not impose any new information or 
recordkeeping requirements, since it does not change the existing 
manufacturer certification and reporting requirements adopted in DOE's 
December 8, 2006, final rule. Accordingly, no OMB clearance is required 
under the PRA.

D. Review Under the National Environmental Policy Act

    In this proposed rule, DOE proposes test procedure amendments that 
it expects will be used to develop and implement future energy 
conservation standards for battery chargers and external power 
supplies. DOE has determined that this 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.) (NEPA) and 
DOE's implementing regulations at 10 CFR part 1021. Specifically, the 
rule is covered by Categorical Exclusion A5, for rulemakings that 
interpret or amend an existing rule without changing the environmental 
effect, as set forth in DOE's NEPA regulations in Appendix A to Subpart 
D, 10 CFR part 1021. Today's proposed rule will not affect the amount, 
quality or distribution of energy usage, and, therefore, will not 
result in any environmental impacts. 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 (August 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 developing 
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 developing 
such regulations. 65 FR 13735. DOE examined this proposed rule and 
determined that it does 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. Accordingly, Executive Order 13132 
requires no further action.

F. Review Under Executive Order 12988

    With respect to the review of existing regulations and the 
promulgation of new regulations, section 3(a) of Executive Order 12988, 
``Civil Justice Reform,'' 61 FR 4729 (February 7, 1996), imposes on 
Federal agencies the 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 promote simplification and 
burden reduction. Section 3(b) of Executive Order 12988 specifically 
requires, among other things, 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; (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, this rulemaking 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) (Pub. 
L. No. 104-4, codified at 2 U.S.C. 1501 et seq.) generally requires 
Federal agencies to examine closely the impacts of regulatory actions 
on State, local, or Tribal governments. Subsection 101(5) of Title I of 
that law defines a Federal intergovernmental mandate to include a 
regulation that would impose upon State, local, or Tribal governments 
an enforceable duty, except a condition of Federal assistance or a duty 
arising from participating in a voluntary Federal program. Title II of 
that law requires each Federal agency to assess the effects of Federal 
regulatory actions on State, local, and Tribal governments, in the 
aggregate, or the private sector, other than to the extent such actions 
merely incorporate requirements specifically set forth in a statute. 
Section 202 of the title requires a Federal agency to perform as 
detailed assessment of the anticipated costs and benefits of any rule 
that includes a Federal mandate which may result in costs State, local, 
or Tribal governments, or the private sector of $100 million or more in 
any

[[Page 48079]]

one year (adjusted annually for inflation). 2 U.S.C. 1532(a) and (b). 
Section 204 of that title requires each agency that proposed a rule 
containing a significant Federal intergovernmental mandate to develop 
an effective process for obtaining meaningful and timely input by 
elected officers of State, local, and Tribal governments. 2 U.S.C. 
1534. On March 18, 1997, DOE published a statement of policy on its 
process for intergovernmental consultation under UMRA (62 FR 12820) 
(also available at http://www.gc.doe.gov). Today's proposed rule would 
amend the definitions and test procedures that would be used in 
measuring the energy efficiency of battery chargers and external power 
supplies. The proposed rule would not result in the expenditure of $100 
million or more in any year. Accordingly, no assessment or analysis is 
required under the UMRA.

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. 
Today's proposed rule to amend DOE test procedures would not have any 
impact on the autonomy or integrity of the family as an institution. 
Accordingly, DOE has concluded that it is unnecessary to prepare a 
Family Policymaking Assessment.

I. Review Under Executive Order 12630

    Pursuant to Executive Order 12630, ``Governmental Actions and 
Interference with Constitutionally Protected Property Rights,'' 53 FR 
8859 (March 18, 1988), DOE has determined that this rule would not 
result in any takings that might require compensation under the Fifth 
Amendment to the United States Constitution.

J. Review Under the Treasury and General Government Appropriations Act, 
2001

    Section 515 of the Treasury and General Government Appropriations 
Act, 2001 (Pub. L. 106-554, codified at 44 U.S.C. 3516 note) provides 
for agencies to review most disseminations of information to the public 
under information quality guidelines established by each agency under 
general guidelines issued by OMB. OMB's guidelines were published at 67 
FR 8452 (February 22, 2002), and DOE's guidelines were published at 67 
FR 62446 (October 7, 2002). DOE has reviewed today's 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 a final rule 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 reasonable alternatives to the action and 
their expected benefits on energy supply, distribution, and use. 
Because this rulemaking is not expected to be a significant regulatory 
action under E.O. 12866; would not have a significant adverse effect on 
the supply, distribution, or use of energy; and has not been designated 
a significant energy action by the Administrator of OIRA, DOE has 
tentatively determined that this rule is not a significant energy 
action. Accordingly, DOE has not prepared a Statement of Energy Effects 
for this rulemaking.

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), the Department of Energy must comply with section 32 
of the Federal Energy Administration Act of 1974 (Pub. L. 93-275), as 
amended by the Federal Energy Administration Authorization Act of 1977 
(Pub. L. 95-70). 15 U.S.C. 788. Section 32 provides that where a 
proposed rule authorizes or requires use of commercial standards, the 
NOPR must inform the public of the use and background of such 
standards. In addition, section 32(c) requires DOE to consult with the 
Department of Justice (DOJ) and the FTC concerning the impact of the 
commercial or industry standards on competition.
    The rule proposed in this notice incorporates testing methods 
contained in the following commercial standards: (1) CEC 2007 Appliance 
Efficiency Regulations, Section 1604(u)(1) that directly cites ``Test 
Method for Calculating the Energy Efficiency of Single-Voltage External 
AC-DC and AC-AC Power Supplies,'' (2) IEEE Std 1515-2000, ``IEEE 
Recommended Practice for Electronic Power Subsystems: Parameter 
Definitions, Test Conditions, and Test Methods,'' and (3) IEC Standard 
62301 ``Household electrical appliances--Measurement of standby 
power.'' DOE has evaluated these revised standards and is unable to 
conclude whether they fully comply with the requirements of section 
32(b) of the Federal Energy Administration Act, (i.e., that they were 
developed in a manner that fully provides for public participation, 
comment, and review). DOE will consult with the Attorney General and 
the Chairman of the FTC concerning the impact of these test procedures 
on competition of requiring use of methods contained in these standards 
to test battery chargers and external power supplies.

VI. Approval of the Office of the Secretary

    The Secretary of Energy has approved publication of this proposed 
rule.

List of Subjects in 10 CFR Part 430

    Administrative practice and procedure, Confidential business 
information, Energy conservation, Household appliances, Imports, 
Intergovernmental relations, Small businesses.

    Issued in Washington, DC, on August 1, 2008.
Alexander A. Karsner,
Assistant Secretary, Energy Efficiency and Renewable Energy.
    For the reasons stated in the preamble, DOE proposes to amend 10 
CFR part 430 as follows:

PART 430--ENERGY CONSERVATION PROGRAM FOR CONSUMER PRODUCTS

    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.

    2. In Sec.  430.22 add new paragraphs (b)(1)9, (b)(4)3, (b)(4)4, 
(b)(4)5, (b)(11)2 and (b)(12) to read as follows:


Sec.  430.22  Reference sources.

* * * * *
    (b) * * *
    (1) * * *
    9. ANSI/NCSL Z540.1-1994, ``Calibration Laboratories and

[[Page 48080]]

Measuring and Test Equipment--General Requirements.''
* * * * *
    (4) * * *
    3. IEC 62301, ``Household electrical appliances--Measurement of 
standby power,'' Edition 1.
    4. IEC 60050, ``International Electrotechnical Vocabulary.''
    5. ISO/IEC 17025, ``General requirements for the competence of 
testing and calibration laboratories'' (2005).
* * * * *
    (11) * * *
    2. ``Proposed Test Protocol for Calculating the Energy Efficiency 
of Internal AC-DC Power Supplies, Revision 6.2,'' November 2007.
    (12) Institute of Electrical and Electronics Engineers, Inc., 3 
Park Avenue, 17th Floor, New York, N.Y., 10016-5997, (212) 419-7900.
    1. IEEE Standard 1515-2000, ``Standardizing specification 
language.''
    2. IEEE 100, ``Authoritative Dictionary of IEEE Standards Terms,'' 
Seventh Edition.
    3. In Sec.  430.23 revise paragraphs (aa) and (bb) to read as 
follows:


Sec.  430.23  Test procedures for the measurement of energy and water 
consumption.

* * * * *
    (aa) Battery Chargers. The energy consumption of a battery charger, 
expressed as the nonactive energy ratio, shall be measured in 
accordance with section 4(a) of Appendix Y of this subpart. The energy 
consumption of a battery charger in standby mode and off mode shall be 
measured in accordance with section 4(c) of Appendix Y of this subpart.
    (bb) External Power Supplies. The energy consumption of an external 
power supply, including active-mode efficiency in a percentage and the 
no-load-, off-, and standby mode energy consumption levels in watts, 
shall be measured in accordance with section 4 of Appendix Z of this 
subpart.
    4. Appendix Y to Subpart B of Part 430 is amended by:
    a. Revising paragraph 2(i); and
    b. Adding new paragraphs 2(j), 4(c) and 4(d).
    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

    1. Scope: * * *
    2. Definitions:
* * * * *
    i. Off Mode is the condition, for battery chargers with manual 
on-off switches, in which the battery charger is (1) connected to 
the main electricity supply, (2) is not connected to the battery, 
and (3) all switches are turned off.
    j. Standby Mode (also No-Load Mode) means the condition in which 
(1) the battery charger is connected to the main electricity supply, 
(2) the battery is not connected to the charger, and (3) for battery 
chargers with manual on-off switches, all switches are turned on.
* * * * *
    4. Test Measurement:
* * * * *
    (c) Standby Mode Energy Consumption Measurement. Conduct a 
measurement of standby power consumption while the battery charger 
is connected to the power source. Remove the battery from the 
charger and record the power (i.e., watts) consumed as the time 
series integral of the power consumed over a one-hour test period, 
divided by the period of measurement. If the battery charger has 
manual switches, all must be turned on for the duration of the 
standby mode test.
    Standby mode may also apply to products with non-detachable 
batteries. If the product uses a cradle and/or adapter for power 
conversion and charging, then only that part of the system will 
remain connected to the main electricity supply, and standby mode 
power consumption will equal that of the cradle and/or adapter. If 
the product contains integrated power conversion and charging 
circuitry but is powered through a detachable AC power cord, then 
only the cord will remain connected to mains, and standby mode power 
consumption will equal that of the AC power cord (i.e., zero watts). 
If the product contains integrated power conversion and charging 
circuitry but is powered through a non-detachable AC power cord, 
then no part of the system will remain connected to mains and 
standby mode power consumption is not applicable.
    (d) Off Mode Energy Consumption Measurement. If the battery 
charger has manual switches, record a measurement of off mode energy 
consumption while the battery charger is connected to the power 
source. Remove the battery from the charger and record the power 
(i.e., watts) consumed as the time series integral of the power 
consumed over a one-hour test period, divided by the period of 
measurement, with all switches turned off. If the battery charger 
does not have manual switches, record that the off mode measurement 
is not applicable to this product.
    Off mode may also apply to products with non-detachable 
batteries. If the product uses a cradle and/or adapter for power 
conversion and charging, then only that part of the system will 
remain connected to the main electricity supply, and off mode power 
consumption will equal that of the cradle and/or adapter. If the 
product contains integrated power conversion and charging circuitry 
but is powered through a detachable AC power cord, then only the 
cord will remain connected to mains, and off mode power consumption 
will equal that of the AC power cord (i.e., zero watts). If the 
product contains integrated power conversion and charging circuitry 
but is powered through a non-detachable AC power cord, then no part 
of the system will remain connected to mains and off mode power 
consumption is not applicable.

    5. Appendix Z to Subpart B of Part 430 is amended by:
    a. Revising paragraphs 1 and 2;
    b. Revising paragraph 3 by adding after the introductory heading 
``3. Test Apparatus and General Instructions'' a paragraph designation 
``(a) Single-Voltage External Power Supply'';
    c. Adding a new paragraph 3 (b); and
    d. Revising paragraph 4.
    The revisions and additions read as follows:

Appendix Z to Subpart B of Part 430--Uniform Test Method for Measuring 
the Energy Consumption of External Power Supplies

    1. Scope: This appendix covers the test requirements used to 
measure energy consumption of external power supplies.
    2. Definitions: The following definitions are for the purposes 
of understanding terminology associated with the test method for 
measuring external power supply energy consumption.\1\
---------------------------------------------------------------------------

    \1\ For clarity on any other terminology used in the test 
method, please refer to IEC 60050 or IEEE Standard 100.
---------------------------------------------------------------------------

    a. Active mode means the mode of operation when the external 
power supply is connected to the main electricity supply and the 
output is (or ``all outputs are'' for a multiple-voltage external 
power supply) connected to a load (or ``loads'' for a multiple-
voltage external power supply).
    b. Active mode efficiency is the ratio, expressed as a 
percentage, of the total real output power produced by a power 
supply to the real input power required to produce it. (See IEEE 
Standard 1515-2000, 4.3.1.1.)
    c. Active power (also real power) (P) means the root-mean-square 
(RMS) value of the instantaneous power taken over one period. (See 
IEEE Standard 1515-2000.)
    d. Ambient temperature means the temperature of the ambient air 
immediately surrounding the unit under test.
    e. Apparent power (S) is the product of RMS voltage and RMS 
current (VA).
    f. Instantaneous power means the product of the instantaneous 
voltage and instantaneous current at a port (the terminal pair of a 
load).
    g. Minimum output current means the minimum current that must be 
drawn from an output bus for an external power supply to operate 
within its specifications.
    h. Multiple-voltage external power supply means an external 
power supply that is designed to convert line voltage AC input into 
more than one simultaneous lower-voltage output.
    i. Nameplate input frequency means the AC input frequency of the 
power supply as specified on the manufacturer's label on the power 
supply housing.
    j. Nameplate input voltage means the AC input voltage of the 
power supply as specified on the manufacturer's label on the power 
supply housing.

[[Page 48081]]

    k. Nameplate output current means the current output of the 
power supply as specified on the manufacturer's label on the power 
supply housing (either DC or AC).
    l. Nameplate output power means the power output of the power 
supply as specified on the manufacturer's label on the power supply 
housing.
    m. Nameplate output voltage means the voltage output of the 
power supply as specified on the manufacturer's label on the power 
supply housing (either DC or AC).
    n. No-load mode means the mode of operation when an external 
power supply is connected to the main electricity supply and the 
output is (or ``all outputs are'' for a multiple-voltage external 
power supply) not connected to a load (or ``loads'' for a multiple-
voltage external power supply).
    o. Off mode is the condition, applicable only to units having 
on-off switches, in which the external power supply is (1) connected 
to the main electricity supply, (2) the output is not connected to 
any load, and (3) all switches are turned off.
    p. Output bus means any of the outputs of the power supply to 
which loads can be connected and from which power can be drawn, as 
opposed to signal connections used for communication.
    q. Single-voltage external AC-AC power supply means an external 
power supply that is designed to convert line voltage AC input into 
lower voltage AC output and is able to convert to only one AC output 
voltage at a time.
    r. Single-voltage external AC-DC power supply means an external 
power supply that is designed to convert line voltage AC input into 
lower-voltage DC output and is able to convert to only one DC output 
voltage at a time.
    s. Standby mode means the condition in which the external power 
supply is in no-load mode and, for external power supplies with on-
off switches, all switches are turned on.
    t. Switch-selectable single voltage external power supply means 
a single-voltage AC-AC or AC-DC power supply that allows users to 
choose from more than one output voltage.
    u. Total harmonic distortion, expressed as a percent, is the 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. THD of current is defined as:
[GRAPHIC] [TIFF OMITTED] TP15AU08.001


where In is the RMS value of the nth harmonic of the current signal.

    v. True power factor (PF) is the ratio of the active power (P) 
consumed in watts to the apparent power (S), drawn in volt-amperes.
[GRAPHIC] [TIFF OMITTED] TP15AU08.002

    This definition of power factor includes the effect of both 
distortion and displacement.
    w. Unit under test is the external power supply being tested.
    3. Test Apparatus and General Instructions
    (a) Single-Voltage External Power Supply. * * *
    (b) Multiple-Voltage External Power Supply. Unless otherwise 
specified, measurements shall be made under test conditions and with 
equipment specified below.
    (i) Measuring equipment. Power measurements shall be made with a 
voltmeter and ammeter (for output power measurements) or power 
analyzer (for input power measurements), calibrated in accordance 
with ANSI/NCSL Standard Z540.1 or ISO/IEC Standard 17025 and within 
the calibration period as specified by an accompanying dated 
calibration certificate or label. Measurements of power of 0.5 W or 
greater shall be made with an uncertainty of less than or equal to 2 
percent at the 95-percent confidence level. Measurements of power of 
less than 0.5 W shall be made with an uncertainty of less than or 
equal to 0.01 W at the 95-percent confidence level. The power 
measurement instrument shall have a resolution of:
    (A) 0.01 W or better for power measurements of 10 W or less;
    (B) 0.1 W or better for power measurements of greater than 10 W 
up to 100 W;
    (C) 1 W or better for power measurements of greater than 100 W.
    (ii) Test room. The tests shall be conducted in a room that has 
an air speed within 0.1 m of the unit under test of <= 0.5 m/s, and 
the ambient temperature shall be maintained at 23 [deg]C <plus-
minus> 5 [deg]C throughout the test, as specified in IEC Standard 
62301. There shall be no intentional cooling of the unit under test 
by use of separately powered fans, air conditioners, or heat sinks. 
The unit under test shall be tested on a thermally non-conductive 
surface. Products intended for outdoor use may be tested at 
additional temperatures, provided those are in addition to the 
conditions specified above and are noted in a separate section on 
the test report.
    (iii) Input AC reference source. An AC reference source shall be 
used to provide input voltage to the unit under test. The input to 
the unit under test shall be the specified voltage <plus-minus> 1 
percent and the specified frequency <plus-minus> 1 percent, as 
specified in IEC Standard 62301. The unit under test shall be tested 
at the following voltage and frequency combination: 115 V at 60 Hz. 
If testing under this condition is not possible, or if voltage and/
or frequency ranges are not specified by the manufacturer (or the 
nameplate value is unclear), the unit under test shall not be 
tested.
    The input voltage source shall be capable of delivering at least 
10 times the nameplate input power of the unit under test where 
practicable (as recommended by IEEE Standard 1515-2000). The input 
voltage source shall be deemed inadequate and a different voltage 
source shall be used if the input voltage varies at any point during 
the test by more than <plus-minus> 1 percent of the specified source 
voltage for the test.
    Regardless of the AC source type, the THD of the supply voltage 
when supplying the unit under test in the specified mode shall not 
exceed 3 percent, up to and including the 13th harmonic, as 
specified in IEC Standard 62301. The peak value of the test voltage 
shall be within 1.34 and 1.49 times its RMS value as specified in 
IEC Standard 62301.
    (iv) Test leads. Appropriate wires must be selected for wiring 
connections depending on the maximum current carried by and the 
length of the conductor, in accordance with Table B.2 in Annex B of 
IEEE Standard 1515-2000. The voltage drop across the conductor 
carrying the current must be added to or subtracted from the input 
and output voltage measurements if these measurements of the unit 
under test are not taken directly at the connector pins of the unit 
under test.
    4. Test Measurement

(a) Single-Voltage External Power Supply

    (i) Standby Mode and Active Mode Measurement--The measurement of 
standby mode (also no load-mode) energy consumption and active-mode 
efficiency shall conform to the requirements specified in section 5, 
``Measurement Approach'' of the CEC's ``Test Method for Calculating 
the Energy Efficiency of Single-Voltage External AC-DC and AC-AC 
Power Supplies,'' August 11, 2004 (incorporated by reference, see 
Sec.  430.22). Switch-selectable single-voltage external power 
supplies shall be tested twice, once at the highest nameplate output 
voltage and once at the lowest.
    (ii) Off-Mode Measurement--If the external power supply unit 
under test incorporates on-off switches, the unit under test shall 
be placed in off mode, and its power consumption in off mode 
measured and recorded. The measurement of the off mode energy 
consumption shall conform to the requirements specified in section 
5, ``Measurement Approach,'' of the CEC's ``Test Method for 
Calculating the Energy Efficiency of Single-Voltage External AC-DC 
and AC-AC Power Supplies,'' August 11, 2004 (incorporated by 
reference, see Sec.  430.22), except that in section 5.a, 
``Preparing UUT [Unit Under Test] for Test,'' the built-in switches 
shall be placed in the ``off'' position for the measurement. The 
only loading condition that will be measured for off mode is 
``Loading Condition 5.'' Switch-selectable single-voltage external 
power supplies shall have their off mode power consumption measured 
twice, once at the highest nameplate output voltage and once at the 
lowest.
    (b) Multiple-Voltage External Power Supply--Power supplies that 
are packaged for consumer use to power a product must be

[[Page 48082]]

tested with the output cord packaged with the unit for sale to the 
consumer, which is considered part of the unit under test. There are 
two options for connecting metering equipment to the output of this 
type of power supply: Cut the cord immediately adjacent to the 
output connector, or attach leads and measure the efficiency from 
the output connector itself. If the power supply is attached 
directly to the product that it is powering, cut the cord 
immediately adjacent to the powered product and connect output 
measurement probes at that point. The tests should be conducted on 
the sets of output wires that constitute the output busses. If the 
product has additional wires, these should be left electrically 
disconnected unless they are necessary for controlling the product. 
In this case, the manufacturer shall supply a connection diagram or 
test jig that will allow the testing laboratory to put the unit 
under test into active mode.
    (i) Standby-Mode and Active-Mode Measurement--The measurement of 
the multiple-voltage external power supply standby-mode (also no-
load-mode) energy consumption and active-mode efficiency shall be as 
follows:
    (A) Loading conditions and testing sequence. If the unit under 
test has on-off switches, all switches shall be placed in the ``on'' 
position. Loading criteria for multiple-voltage external power 
supplies shall be based on nameplate output current and not on 
nameplate output power because output voltage might not remain 
constant.
    The unit under test shall operate at 100 percent of nameplate 
current output for at least 30 minutes immediately before conducting 
efficiency measurements.
    After this warm-up period, the technician shall monitor AC input 
power for a period of 5 minutes to assess the stability of the unit 
under test. If the power level does not drift by more than 1 percent 
from the maximum value observed, the unit under test can be 
considered stable and measurements can be recorded at the end of the 
5-minute period. Measurements at subsequent loading conditions, 
listed in Table 1, can then be conducted under the same 5-minute 
stability guidelines. Only one warm-up period of 30 minutes is 
required for each unit under test at the beginning of the test 
procedure.
    If AC input power is not stable over a 5-minute period, the 
technician shall follow the guidelines established by IEC Standard 
62301 for measuring average power or accumulated energy over time 
for both input and output.
    The unit under test shall be tested at the loading conditions 
listed in Table 1, derated per the proportional allocation method 
presented in the following section.

             Table 1--Loading Conditions for Unit Under Test
------------------------------------------------------------------------
 
------------------------------------------------------------------------
Loading Condition 1...............  100% of Derated Nameplate Output
                                     Current <plus-minus> 2%.
Loading Condition 2...............  75% of Derated Nameplate Output
                                     Current <plus-minus> 2%.
Loading Condition 3...............  50% of Derated Nameplate Output
                                     Current <plus-minus> 2%.
Loading Condition 4...............  25% of Derated Nameplate Output
                                     Current <plus-minus> 2%.
Loading Condition 5...............  0%.
------------------------------------------------------------------------

    Input and output power measurements shall be conducted in 
sequence from Loading Condition 1 to Loading Condition 4, as 
indicated in Table 1. For Loading Condition 5, the unit under test 
shall be placed in no-load mode, any additional signal connections 
to the unit under test shall be disconnected, and input power shall 
be measured.
    (B) Proportional allocation method for loading multiple-voltage 
external power supplies. For power supplies with multiple voltage 
busses, defining consistent loading criteria is difficult because 
each bus has its own nameplate output current. The sum of the power 
dissipated by each bus loaded to its nameplate output current may 
exceed the overall nameplate output power of the power supply. The 
following proportional allocation method must be used to provide 
consistent loading guidelines for multiple-voltage external power 
supplies. For additional explanation, please refer to section 6.1.1 
of the California Energy Commission's ``Proposed Test Protocol for 
Calculating the Energy Efficiency of Internal AC-DC Power Supplies 
Revision 6.2,'' November 2007.
    Assume a multiple-voltage power supply with N output busses, and 
nameplate output voltages V1, . . . ,VN, corresponding output 
current ratings I1, . . . ,IN, and a nameplate output power P. 
Calculate the derating factor D by dividing the power supply 
nameplate output power P by the sum of the nameplate output powers 
of the individual output busses, equal to the product of bus 
nameplate output voltage and current IiVi, as follows:
[GRAPHIC] [TIFF OMITTED] TP15AU08.003

    If D >= 1, then loading every bus to its nameplate output 
current does not exceed the overall nameplate output power for the 
power supply. In this case, each output bus will simply be loaded to 
the percentages of its nameplate output current listed in Table 1. 
However, if D < 1, it is an indication that loading each bus to its 
nameplate output current will exceed the overall nameplate output 
power for the power supply. In this case, and at each loading 
condition, each output bus will be loaded to the appropriate 
percentage of its nameplate output current listed in Table 1, 
multiplied by the derating factor D.
    (C) Minimum output current requirements. Depending on their 
application, some multiple-voltage power supplies may require a 
minimum output current for each output bus of the power supply for 
correct operation. In these cases, ensure that the load current for 
each output at Loading Condition 4 in Table 1 is greater than the 
minimum output current requirement. Thus, if the test method's 
calculated load current for a given voltage bus is smaller than the 
minimum output current requirement, the minimum output current must 
be used to load the bus. This load current shall be properly 
recorded in any test report.
    (D) Test loads. Active loads such as electronic loads or passive 
loads such as rheostats used for efficiency testing of the unit 
under test shall be able to maintain the required current loading 
set point for each output voltage within an accuracy of <plus-minus> 
0.5 percent. If electronic load banks are used, their settings 
should be adjusted such that they provide a constant current load to 
the unit under test.
    (E) Efficiency calculation. Efficiency shall be calculated by 
dividing the measured active output power of the unit under test at 
a given loading condition by the active AC input power measured at 
that loading condition. Average efficiency shall also be calculated 
and reported as the arithmetic mean of the efficiency values 
calculated at Loading Conditions 1, 2, 3, and 4 in Table 1.
    (F) Power consumption calculation. Power consumption of the unit 
under test at Loading Conditions 1, 2, 3, and 4 is the difference 
between the active output power at that Loading Condition and the 
active AC input power at that Loading Condition. The power 
consumption of Loading Condition 5 (no-load) is equal to the AC 
active input power at that Loading Condition.
    (ii) Off-Mode Measurement--If the multiple-voltage external 
power supply unit under test incorporates any on-off switches, the 
unit under test shall be placed in off mode, and its power 
consumption in off mode measured and recorded. The measurement of 
the off mode energy consumption shall conform to the requirements 
specified above in subparagraph (4)(b)(i) of this appendix, except 
that all built-in switches shall be placed in the off position for 
the measurement. Note that the only loading condition that will be 
measured for off mode is ``Loading Condition 5'' paragraph (A), 
``Loading conditions and testing sequence.''
    6. In Sec.  430.62 add and reserve paragraphs (a)(4)(xviii) through 
(xxii) and add new paragraph (a)(4)(xxiii) to read as follows:


Sec.  430.62  Submission of data.

    (a) * * *
    (4) * * *
    (xviii)-(xxii) [Reserved]
    (xxiii) External power supplies, the active-mode efficiency 
percentage and no-load mode watts. For external power supplies with 
switch-selectable output voltage, the active-mode efficiency

[[Page 48083]]

percentage and no-load mode watts at the lowest and highest selectable 
output voltage.

 [FR Doc. E8-18576 Filed 8-14-08; 8:45 am]
BILLING CODE 6450-01-P


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