Je veux savoir à propos de…

jspears on DSK121TN23PROD with PROPOSALS1

Federal Register / Vol. 86, No. 209 / Tuesday, November 2, 2021 / Proposed Rules PD EPSs with additional optional voltages and currents or PPSs.
Accordingly, based on currently available data, DOE has preliminarily concluded that the proposed amendments would not alter the measured energy efficiency of any EPS
basic models currently certified in DOEs CCD. Hence, manufacturers would not incur any additional costs compared to the existing test procedure.
DOE has preliminarily concluded that the proposed amendments, if finalized, would not impact the scope of the test procedure i.e., the proposal would not require manufacturers to test EPSs that are not already required to be tested and would not alter the measured energy efficiency of EPSs under either the current test procedure or the alternate test procedure required under currently active test procedure waivers.
For adaptive EPSs that meet the IEC
6268012 specification including PPSs and USBPD EPSs with optional voltages and currents, the proposed approach is the same one required under the granted waivers. See 83 FR
11738 March 16, 2018 initial Decision & Order on joint waiver request from Apple, et al., 83 FR 25448 June 1, 2018 Decision & Order on waiver request Huawei, 83 FR 50905 October 10, 2018 first waiver extension for Apple, and 83 FR 60830 November 27, 2018 second waiver extension for Apple. Moreover, DOE is not aware of any PPSs or USBPD EPSs with additional optional voltages and currents on the market certified as EPSs, and thus DOE does not expect the proposed amendments to require the retesting or recertification of any basic EPS models. Accordingly, based on currently available data, DOE has preliminarily concluded that the proposed amendments would not alter the measured energy efficiency for such adaptive EPSs. Manufacturers would be able to continue to rely on data generated under the current test procedure, including any alternate test procedure permitted by DOE under a manufacturer-specific decision and order, should any of the proposed amendments be finalized.
DOE requests comment on its initial determination that its proposed amendment for USBPD EPSs, if finalized, would not cause any EPS
manufacturers to incur any additional costs.
F. Compliance Date and Waivers EPCA prescribes that all representations of energy efficiency and energy use, including those made on marketing materials and product labels, must be made in accordance with an
VerDate Sep<11>2014

17:38 Nov 01, 2021

Jkt 256001

amended test procedure beginning 180
days after publication of such a test procedure final rule in the Federal Register. 42 U.S.C. 6293c2 The 180
day mandate applies to all test procedure changes in this proposed rule with the exception of proposed amendments related to testing EPSs that are not supplied with an output cord.
Those requirements, if finalized, would not be required until such time as DOE
were to amend the energy conservation standards for EPSs. As discussed previously in this document, appendix Z does not explicitly provide instructions for testing EPSs that are supplied without an output cord.
Currently, a manufacturer may choose to test with a recommended output cord. Under the proposed test procedure, a manufacturer would be required to test with a recommended output cord only at such time as compliance is required with amended energy conservation standards, should such standards be amended.
If DOE were to publish an amended test procedure, EPCA provides an allowance for individual manufacturers to petition DOE for an extension of the 180-day period if the manufacturer would experience undue hardship in meeting the deadline. 42 U.S.C.
6293c3 To receive such an extension, petitions must be filed with DOE no later than 60 days before the end of the 180-day period and must detail how the manufacturer will experience undue hardship. Id.
Should DOE amend the test procedure to address the issues presented in a waiver, the waiver would automatically terminate on the date on which use of that test procedure is required to demonstrate compliance. 10 CFR
430.27h3. Recipients of any such waivers would be required to test those products that were subject to the waiver according to the amended test procedure as of the effective date of the amended test procedure. 10 CFR
430.27i2. As part of this SNOPR, DOE continues to propose to adopt the alternate test procedure required under the waivers granted to Apple, Microsoft, Poin2, Bitland, and Huawei for testing USBPD EPSs Case Nos. EPS001, EPS002, EPS003, and EPS004, with the modifications discussed above to address PPSs. If the proposed amendments regarding the testing of adaptive EPSs were made final, the waivers issued to Apple, Microsoft, Poin2, Bitland, and Huawei would expire on the date on which testing were required using the amended test procedure. At such time Apple, Microsoft, Poin2, Bitland, and Huawei would be required to test the EPSs
PO 00000

Frm 00010

Fmt 4702

Sfmt 4702

60385

subject to the waivers according to the amended Federal test procedure.
IV. Procedural Issues and Regulatory Review A. Review Under Executive Order 12866
The Office of Management and Budget OMB has determined that this test procedure rulemaking does not constitute a significant regulatory action under section 3f of Executive Order 12866, Regulatory Planning and Review, 58 FR 51735 October 4, 1993.
Accordingly, this action was not subject to review under the Executive order by the Office of Information and Regulatory Affairs OIRA in OMB.
B. Review Under the Regulatory Flexibility Act The Regulatory Flexibility Act 5
U.S.C. 601 et seq. requires preparation of an initial regulatory flexibility analysis IRFA for any rule that by law must be proposed for public comment, unless the agency certifies that the rule, if promulgated, will not have a significant economic impact on a substantial number of small entities. A
regulatory flexibility analysis examines the impact of the rule on small entities and considers alternative ways of reducing negative effects. 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 Counsels website: www.energy.gov/gc/
office-general-counsel.
DOE reviewed this test procedure SNOPR pursuant to the Regulatory Flexibility Act and the procedures and policies previously discussed. DOE has concluded that this rule would not have a significant impact on a substantial number of small entities. The factual basis for this certification is set forth below. DOE will consider any comments on the certification in determining whether to adopt the proposed amendments to the test procedure contained in this document.
For manufacturers of EPSs, the Small Business Administration SBA has set a size threshold, which defines those entities classified as small businesses for the purposes of the statute. DOE
used the SBAs small business size standards to determine whether any small entities would be subject to the requirements of the rule. 13 CFR part
E:FRFM02NOP1.SGM

02NOP1