Chargers:

1. Scope...........................

2. Definitions.....................

3. Test Apparatus and General

4. Test Measurement................

Supplies:

1. Scope...........................

2. Definitions.....................

3. Test Apparatus and General

4. Test Measurement................

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\
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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.
\4\ IEC 62301 ``Household Electrical AppliancesMeasurement 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 SingleVoltage External AcDc and AcAc Power Supplies,'' California Energy Commission Public Interest Energy Research Program, August 11, 2004.
\7\ ``Proposed Test Protocol for Calculating the Energy Efficiency of Internal AcDc 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 onoff 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 onoff 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 onoff 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. MultipleVoltage 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 multiplevoltage 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 SingleVoltage External AcDc and AcAc Power Supplies,'' August 11, 2004 (hereinafter called the ``CEC EPS Test Procedure''), and the ``Proposed Test Protocol for Calculating the Energy Efficiency of Internal AcDc 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 multiplevoltage 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 multiplevoltage external power supplies in all modes of operation: Active mode, noload mode (i.e., ``standby mode''), and off mode. A detailed discussion of DOE's proposed test procedure for multiplevoltage 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 15152000,\8\ and IEEE Standard 100.\9\ More specifically, DOE
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proposes modifications to the current definitions of ``active mode,'' ``active mode efficiency,'' ``noload 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,'' ``multiplevoltage external power supply,'' ``nameplate input frequency,'' ``nameplate input voltage,'' ``nameplate output current,'' ``nameplate output power,'' ``nameplate output voltage,'' ``off mode,'' ``output bus,'' ``switchselectable 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 15152000. ``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. SingleVoltage External Power Supply Test Procedure Amendments

DOE is also considering making limited changes to the test procedure for singlevoltage 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. SwitchSelectable SingleVoltage External Power Supplies

Finally, DOE proposes to clarify in today's notice the method by which singlevoltage external power supplies that incorporate a switch selectable output voltage should be tested because the scope of the current test procedure includes switchselectable 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 switchselectable 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 switchselectable 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 singlevoltage external power supplies.
\10\ DOE is not aware of any other countries that specifically address the testing of switchselectable 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. 10958, 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 noload 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
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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 noload 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 functionin 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 energyusing product(I) is connected to a main power source; and (II) offers 1 or more of the following useroriented 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 sensorbased functions.

DOE believes that Congress drafted this definition to be applicable to a diverse population of energyusing 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 useroriented function or a status display. Similarly, the definition provides no guidance as to whether a cooling fan would constitute a protective function or a sensorbased 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 onoff 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 onoff 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 standalone chargers which operate with removable batteries such as professional power tools and certain digital cameras;
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(2) those that have the battery affixed into the product so that it is not removed for charging such as an electric toothbrush or handheld 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 nondetachable 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 nonremovable battery operated products from any standby mode power consumption standard, because it believes very few or no current products feature both a nondetachable battery and non detachable AC power cord. Further, DOE believes that this category will not grow in the future because a nondetachable 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 energyusing 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 onoff 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 lowestpower 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 onoff 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 batterycharged 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 nondetachable battery and those that incorporate a nondetachable battery and nondetachable AC power cord, DOE proposes that the off mode definition not apply to any of these battery chargers that incorporate an onoff 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 nondetachable 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) StandbyMode and OffMode Power Consumption Measurement.'' This subsection would describe the manner
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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 onehour 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 regarda 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 lowfrequency, 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 nobattery 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 nondetachable 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 noload mode. However, the test procedure does not define the terms ``standby mode'' or ``off mode,'' although it does define ``noload 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 onoff 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 onoff 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 noloadmode energy consumption in the EPS Test Procedure.

Standby Mode, NoLoad 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 onoff switches, all switches are turned on.'' DOE is also proposing to modify the definition of the term ``noload mode'' to take into account multiple voltage external power supplies. DOE's proposed definition for noload 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 multiplevoltage 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
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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 noload 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 noload 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 onoff switches. DOE's proposed definition is also consistent with the ENERGY STAR definition of noload 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 energyusing 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 onoff 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 onoff 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 onoff 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 onoff 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 noload energy mode. See 71 FR at 7

FOR FURTHER INFORMATION CONTACT Mr. Victor Petrolati, U.S. Department of Energy, Office of Energy Efficiency and Renewable Energy, Building Technologies Program, EE2J, 1000 Independence Avenue, SW., Washington, DC 205850121. Telephone: (202) 5864549. Email:
Victor.Petrolati@ee.doe.gov.

Ms. Francine Pinto or Mr. Michael Kido, U.S. Department of Energy, Office of the General Counsel, GC72, 1000 Independence Avenue, SW., Washington, DC 20585. Telephone: (202) 5869507. Email:
Francine.Pinto@hq.doe.gov or Michael.Kido@hq.doe.gov.

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, EE2J, 1000 Independence Avenue, SW., Washington, DC 205850121. Telephone: (202) 5862945. Email: Brenda.Edwards@ee.doe.gov.