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Federal Register / Vol. 86, No. 209 / Tuesday, November 2, 2021 / Proposed Rules
whether to amend these standards.5 42
U.S.C. 6295u3A and D EISA 2007
also required DOE to publish a second rule to determine whether the standards then in effect should be amended. 42
U.S.C. 6295u3Dii EISA 2007 also amended EPCA by defining the terms active mode, standby mode, and off-mode. Each of these modes corresponds to the operational status of a given product e.g., whether it is 1 plugged into AC
mains and switched on and performing its intended function, 2
plugged in but not performing its intended function i.e., simply standing by to be operated, or 3 plugged in, but switched off, if a manual on-off switch is present. Additionally, EISA
2007 required DOE to amend its test procedure to ensure that standby and off-mode energy consumption are measured. It also authorized DOE to amend, by rule, the definitions for active, standby, and off-mode, considering the most current versions of IEC Standards 62301 and 62087. 42
U.S.C. 6295gg2A incorporating EISA 2007 amendments related to standby and off-mode energy.
Following the amendments to EPCA
under EISA 2007, Congress further amended EPCA to exclude EPSs used for certain security and life safety alarms and surveillance systems manufactured prior to July 1, 2017, from no-load standards. Public Law 111360
January 4, 2011. EPCAs EPS
provisions were again amended by the Power and Security Systems PASS
Act, which extended the rulemaking deadline and effective date established under the EISA 2007 amendments from July 1, 2015 and July 1, 2017, to July 1, 2021 and July 1, 2023, respectively.
Public Law 11578 November 2, 2017;
131 Stat. 1256, 1256; 42 U.S.C.
6295u3Dii. The PASS Act also extended the exclusion of certain security and life safety alarms and surveillance systems from no-load standards until the effective date of the
final rule issued under 42 U.S.C.
6295u3Dii and allowed the Secretary to treat some or all external power supplies designed to be connected to a security or life safety alarm or surveillance system as a separate product class or to further extend the exclusion. 42 U.S.C.
6295u3Eii and iv Most recently, on January 12, 2018, the EPS Improvement Act of 2017, Public Law 115115, amended EPCA to exclude the following devices from the EPS definition: Power supply circuits, drivers, or devices that are designed exclusively to be connected to and power 1 light-emitting diodes providing illumination, 2 organic light-emitting diodes providing illumination, or 3 ceiling fans using direct current motors.6 42 U.S.C.
629136Aii EPCA also requires that, at least once every 7 years, DOE evaluate test procedures for each type of covered product, including EPSs, to determine whether amended test procedures would more accurately or fully comply with the requirements for the test procedures to not be unduly burdensome to conduct and be reasonably designed to produce test results that reflect energy efficiency, energy use, and estimated operating costs during a representative average use cycle or period of use. 42 U.S.C.
6293b1A
If the Secretary determines, on her own behalf or in response to a petition by any interested person, that a test procedure should be prescribed or amended, the Secretary shall promptly publish in the Federal Register proposed test procedures and afford interested persons an opportunity to present oral and written data, views, and arguments with respect to such procedures. The comment period on a proposed rule to amend a test procedure shall be at least 60 days and may not exceed 270 days. In prescribing or amending a test procedure, the Secretary shall take into account such
information as the Secretary determines relevant to such procedure, including technological developments relating to energy use or energy efficiency of the type or class of covered products involved. 42 U.S.C. 6293b2. If DOE
determines that test procedure revisions are not appropriate, DOE must publish its determination not to amend the test procedures.
B. Background DOEs current EPS test procedures appear at 10 CFR part 430, subpart B, appendix Z, Uniform Test Method for Measuring the Energy Consumption of External Power Supplies Appendix Z.
DOE published a NOPR to amend the test procedure on December 6, 2019. 80
FR 67106 December 2019 NOPR. In the December 2019 NOPR, DOE
proposed to add a definition for commercial and industrial power supply in its regulations to differentiate between EPSs, which are covered products, and non-consumer power supplies, which are not covered products. DOE also proposed to create a definition to address an adaptive EPS
that conforms to the USBPD
specifications and revise its procedure to address their testing in a manner more representative of their actual use.
Further, the proposed revisions would provide more specific instructions for testing single-voltage EPSs that have multiple output busses. Lastly, DOE
proposed to reorganize the test procedure to centralize definitions, consolidate generally applicable requirements, and better delineate requirements for single-voltage, multiple-voltage, and adaptive EPSs.
DOE sought comment from interested parties on the proposal. DOE held a public meeting related to this NOPR on December 11, 2019 December 2019
NOPR public meeting.
DOE received comments in response to the December 2019 NOPR from the interested parties listed in Table I.1.

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TABLE IIWRITTEN COMMENTS TO THE DECEMBER 2019 NOPR
Commenters
Reference in this SNOPR

Pacific Gas and Electric, Southern California Edison, San Diego Gas and Electric.
Canadian Standards Association
Consumer Technology Association
Information Technology Industry Council
National Electrical Manufacturers Association, American Lighting Association.

CA IOUs

Utility Association.

CSA
CTA
ITI
NEMA/ALA

Efficiency Organization.
Trade Association.
Trade Association.
Trade Association.

5 The international efficiency markings on which DOEs marking requirements are based consist of a series of Roman numerals IVI and provide a global uniform system for power supply
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manufacturers to use that indicates compliance with a specified minimum energy performance standard. www.regulations.gov/document?D=EERE2008-BT-STD-0005-0218.

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6 DOE amended its regulations to reflect the changes introduced by the PASS Act and EPS
Improvement Act. 84 FR 437 January 29, 2018.

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