Proposed Rule2022-03850
Energy Conservation Program: Energy Conservation Standards for External Power Supplies, Webinar and Availability of the Preliminary Technical Support Document
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
February 25, 2022
Issuing agencies
Energy Department
Abstract
The U.S. Department of Energy ("DOE" or "the Department") will hold a webinar to discuss and receive comments on the preliminary analysis it has conducted for purposes of evaluating energy conservation standards for external power supplies ("EPSs"). The meeting will cover the analytical framework, models, and tools that DOE is using to evaluate potential standards for this product; the results of preliminary analyses performed by DOE for this product; the potential energy conservation standard levels derived from these analyses that DOE could consider for this product should it determine that proposed amendments are necessary; and any other issues relevant to the evaluation of energy conservation standards for EPSs. In addition, DOE encourages written comments on these subjects. To inform interested parties and to facilitate this process, DOE has prepared an agenda, a preliminary technical support document ("TSD"), and briefing materials, which are available on the DOE website at: www1.eere.energy.gov/buildings/appliance_standards/ standards.aspx?productid=1.
Full Text
<html>
<head>
<title>Federal Register, Volume 87 Issue 38 (Friday, February 25, 2022)</title>
</head>
<body><pre>
[Federal Register Volume 87, Number 38 (Friday, February 25, 2022)]
[Proposed Rules]
[Pages 10719-10726]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-03850]
========================================================================
Proposed Rules
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains notices to the public of
the proposed issuance of rules and regulations. The purpose of these
notices is to give interested persons an opportunity to participate in
the rule making prior to the adoption of the final rules.
========================================================================
Federal Register / Vol. 87, No. 38 / Friday, February 25, 2022 /
Proposed Rules
[[Page 10719]]
DEPARTMENT OF ENERGY
10 CFR Part 430
[EERE-2020-BT-STD-0006]
RIN 1904-AD87
Energy Conservation Program: Energy Conservation Standards for
External Power Supplies, Webinar and Availability of the Preliminary
Technical Support Document
AGENCY: Office of Energy Efficiency and Renewable Energy, Department of
Energy.
ACTION: Notification of a webinar and availability of preliminary
technical support document.
-----------------------------------------------------------------------
SUMMARY: The U.S. Department of Energy (``DOE'' or ``the Department'')
will hold a webinar to discuss and receive comments on the preliminary
analysis it has conducted for purposes of evaluating energy
conservation standards for external power supplies (``EPSs''). The
meeting will cover the analytical framework, models, and tools that DOE
is using to evaluate potential standards for this product; the results
of preliminary analyses performed by DOE for this product; the
potential energy conservation standard levels derived from these
analyses that DOE could consider for this product should it determine
that proposed amendments are necessary; and any other issues relevant
to the evaluation of energy conservation standards for EPSs. In
addition, DOE encourages written comments on these subjects. To inform
interested parties and to facilitate this process, DOE has prepared an
agenda, a preliminary technical support document (``TSD''), and
briefing materials, which are available on the DOE website at:
<a href="http://www1.eere.energy.gov/buildings/appliance_standards/standards.aspx?productid=1">www1.eere.energy.gov/buildings/appliance_standards/standards.aspx?productid=1</a>.
DATES:
Comments: Written comments and information will be accepted on or
before, April 26, 2022.
Meeting: DOE will hold a webinar on Thursday, March, 24, 2022, from
1:00 p.m. to 4:00 p.m. See section IV, ``Public Participation,'' for
webinar registration information, participant instructions and
information about the capabilities available to webinar participants.
ADDRESSES: Interested persons are encouraged to submit comments using
the Federal eRulemaking Portal at <a href="http://www.regulations.gov">www.regulations.gov</a>. Follow the
instructions for submitting comments. Alternatively, interested persons
may submit comments, identified by docket number EERE-2020-BT-STD-0006,
by any of the following methods:
1. Federal eRulemaking Portal: <a href="http://www.regulations.gov">www.regulations.gov</a>. Follow the
instructions for submitting comments.
2. Email: To <a href="/cdn-cgi/l/email-protection#dd988d8eefedefed8e8999ededeb9db8b8f3b9b2b8f3bab2ab"><span class="__cf_email__" data-cfemail="4e0b1e1d7c7e7c7e1d1a0a7e7e780e2b2b602a212b60292138">[email protected]</span></a>. Include docket number EERE-
2020-BT-STD-0006 in the subject line of the message.
No telefacsimiles (``faxes'') will be accepted. For detailed
instructions on submitting comments and additional information on this
process, see section IV of this document.
Although DOE has routinely accepted public comment submissions
through a variety of mechanisms, including postal mail and hand
delivery/courier, the Department has found it necessary to make
temporary modifications to the comment submission process in light of
the ongoing coronavirus 2019 (``COVID-19'') pandemic. DOE is currently
suspending receipt of public comments via postal mail and hand
delivery/courier. If a commenter finds that this change poses an undue
hardship, please contact Appliance Standards Program staff at (202)
586-1445 to discuss the need for alternative arrangements. Once the
COVID-19 pandemic health emergency is resolved, DOE anticipates
resuming all of its regular options for public comment submission,
including postal mail and hand delivery/courier.
Docket: The docket for this activity, which includes Federal
Register notices, comments, public meeting transcripts, and other
supporting documents/materials, is available for review at
<a href="http://www.regulations.gov">www.regulations.gov</a>. All documents in the docket are listed in the
<a href="http://www.regulations.gov">www.regulations.gov</a> index. However, some documents listed in the index,
such as those containing information that is exempt from public
disclosure, may not be publicly available.
The docket web page can be found at <a href="http://www.regulations.gov/docket/EERE-2020-BT-STD-0006">www.regulations.gov/docket/EERE-2020-BT-STD-0006</a>. The docket web page contains instructions on how
to access all documents, including public comments in the docket. See
section IV for information on how to submit comments through
<a href="http://www.regulations.gov">www.regulations.gov</a>.
FOR FURTHER INFORMATION CONTACT:
Mr. Jeremy Dommu, U.S. Department of Energy, Office of Energy
Efficiency and Renewable Energy, Building Technologies, EE-2J, 1000
Independence Avenue SW, Washington, DC 20585-0121. Telephone: (202)
586-9870. Email: <a href="/cdn-cgi/l/email-protection#68291818040109060b0d3b1c09060c091a0c1b391d0d1b1c0107061b280d0d460c070d460f071e"><span class="__cf_email__" data-cfemail="fabb8a8a96939b94999fa98e9b949e9b889e89ab8f9f898e93959489ba9f9fd49e959fd49d958c">[email protected]</span></a>.
Ms. Nisha R. Kumar, U.S. Department of Energy, Office of the
General Counsel, GC-33, 1000 Independence Avenue SW, Washington, DC
20585-0121. Telephone: (202) 586-8625. Email: <a href="/cdn-cgi/l/email-protection#76381f051e17581d031b1704361e075812191358111900"><span class="__cf_email__" data-cfemail="2e60475d464f00455b434f5c6e465f004a414b00494158">[email protected]</span></a>.
For further information on how to submit a comment, review other
public comments and the docket, contact the Appliance and Equipment
Standards Program staff at (202) 287-1445 or by email:
<a href="/cdn-cgi/l/email-protection#a1e0d1d1cdc8c0cfc2c4f2d5c0cfc5c0d3c5d2f0d4c4d2d5c8cecfd2e1c4c48fc5cec48fc6ced7"><span class="__cf_email__" data-cfemail="cc8dbcbca0a5ada2afa99fb8ada2a8adbea8bf9db9a9bfb8a5a3a2bf8ca9a9e2a8a3a9e2aba3ba">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
Table of Contents
I. Introduction
A. Authority
B. Rulemaking Process
II. Background
A. Current Standards
B. Current Process
III. Summary of the Analyses Performed by DOE
A. Market and Technology Assessment
B. Screening Analysis
C. Engineering Analysis
D. Markups Analysis
E. Energy Use Analysis
F. Life-Cycle Cost and Payback Period Analyses
G. National Impact Analysis
IV. Public Participation
A. Participation in the Webinar
B. Procedure for Submitting Prepared General Statements for
Distribution
C. Conduct of the Webinar
D. Submission of Comments
V. Approval of the Office of the Secretary
[[Page 10720]]
I. Introduction
A. Authority
The Energy Policy and Conservation Act, as amended (``EPCA''),\1\
authorizes DOE to regulate the energy efficiency of a number of
consumer products and certain industrial equipment. (42 U.S.C. 6291-
6317) Title III, Part B \2\ of EPCA established the Energy Conservation
Program for Consumer Products Other Than Automobiles. External power
supplies (``EPSs''), the subject of this document, are among the
products addressed by these provisions. (42 U.S.C. 6291(36); 42 U.S.C.
6293(b)(17); 42 U.S.C. 6295(u))
---------------------------------------------------------------------------
\1\ All references to EPCA in this document refer to the statute
as amended through the Energy Act of 2020, Public Law 116-260 (Dec.
27, 2020).
\2\ For editorial reasons, upon codification in the U.S. Code,
Part B was redesignated Part A.
---------------------------------------------------------------------------
EPCA, as amended by the Energy Independence and Security Act of
2007, Public Law 110-140 (``EISA''), also defined a subset of EPSs,
called Class A EPSs--devices that are ``able to convert to only 1 AC or
DC output voltage at a time'' and have ``nameplate output power that is
less than or equal to 250 watts'' among other characteristics.\3\ (42
U.S.C. 6291(36)(C)(i)) EPCA prescribed energy conservation standards
for Class A EPSs (hereafter referred to as the ``Level IV standards,''
the nomenclature of which is based on the marking required in
accordance with the International Efficiency Marking Protocol) for
which compliance was required beginning July 1, 2008. (42 U.S.C.
6295(u)(3)(A)) EPCA also directed DOE to conduct two cycles of
rulemakings to determine whether to amend these standards. (42 U.S.C.
6295(u)(3)(D))
---------------------------------------------------------------------------
\3\ Congress also excluded certain devices from the Class A EPS
definition, specifically certain devices requiring listing and
approval as a medical device and devices that either (1) power the
charger of a detachable battery pack or (2) charge the battery of a
product that is fully or primarily motor operated. (See 42 U.S.C.
6291(36)(C)(ii))
---------------------------------------------------------------------------
Following the EISA amendments, 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 the
statutorily-prescribed ``no-load'' energy conservation standards. (Pub.
L. 111-360 (January 4, 2011) (codified at 42 U.S.C. 6295(u)(3)(E)).
EPCA's 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 amendments for the second
rulemaking cycle from July 1, 2015, and July 1, 2017, to July 1, 2021,
and July 1, 2023, respectively. (Pub. L. 115-78 (November 2, 2017)
(codified at 42 U.S.C. 6295(u)(3)(D)(ii))). 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. 6295(u)(3)(D)(ii) and allows the
Secretary to treat some or all EPSs 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.
6295(u)(3)(E)(ii) and (iv))
On January 12, 2018, the EPS Improvement Act of 2017, Public Law
115-115, 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.\4\ (42 U.S.C. 6291(36)(A)(ii))
---------------------------------------------------------------------------
\4\ DOE amended its regulations to reflect the changes
introduced by the PASS Act and EPS Improvement Act. 84 FR 437
(January 29, 2019).
---------------------------------------------------------------------------
EPCA further provides that, not later than 6 years after the
issuance of any final rule establishing or amending a standard, DOE
must publish either a notification of determination that standards for
the product do not need to be amended, or a notice of proposed
rulemaking (``NOPR'') including new proposed energy conservation
standards (proceeding to a final rule, as appropriate). (42 U.S.C.
6295(m)(1)) Not later than three years after issuance of a final
determination not to amend standards, DOE must publish either a notice
of determination that standards for the product do not need to be
amended, or a NOPR including new proposed energy conservation standards
(proceeding to a final rule, as appropriate). (42 U.S.C. 6295(m)(3)(B))
Under EPCA, any new or amended energy conservation standard must be
designed to achieve the maximum improvement in energy efficiency that
DOE determines is technologically feasible and economically justified.
(42 U.S.C. 6295(o)(2)(A)) Furthermore, the new or amended standard must
result in a significant conservation of energy. (42 U.S.C.
6295(o)(3)(B))
DOE completed the first of the two required rulemaking cycles in
2014 by adopting amended performance standards for EPSs manufactured on
or after February 10, 2016. 79 FR 7845 (February 10, 2014) (setting
amended standards to apply starting on February 10, 2016) (``February
2014 Final Rule'').
DOE is publishing this Preliminary Analysis to collect data and
information to inform its decision consistent with its obligations
under EPCA.
B. Rulemaking Process
DOE must follow specific statutory criteria for prescribing new or
amended standards for covered products, including EPSs. As noted, EPCA
requires that any new or amended energy conservation standard
prescribed by the Secretary of Energy (``Secretary'') be designed to
achieve the maximum improvement in energy efficiency (or water
efficiency for certain products specified by EPCA) that is
technologically feasible and economically justified. (42 U.S.C.
6295(o)(2)(A)) Furthermore, DOE may not adopt any standard that would
not result in the significant conservation of energy. (42 U.S.C.
6295(o)(3)) The Secretary may not prescribe an amended or new standard
that will not result in significant conservation of energy, or is not
technologically feasible or economically justified. (42 U.S.C.
6295(o)(3))
To adopt any new or amended standards for a covered product, DOE
must determine that such action would result in significant energy
savings. (42 U.S.C. 6295(o)(3)(B)) Although the term ``significant'' is
not defined in EPCA, the U.S. Court of Appeals, for the District of
Columbia Circuit in Natural Resources Defense Council v. Herrington,
768 F.2d 1355, 1373 (D.C. Cir. 1985), opined that Congress intended
``significant'' energy savings in the context of EPCA to be savings
that were not ``genuinely trivial.''
The significance of energy savings offered by a new or amended
energy conservation standard cannot be determined without knowledge of
the specific circumstances surrounding a given rulemaking.\5\ For
example, the United States rejoined the Paris Agreement on February 19,
2021. As part of that agreement, the United States has committed to
reducing greenhouse (``GHG'') emissions in order to limit the rise in
mean global temperature. As such, energy savings that reduce GHG
emissions have taken on greater importance. Additionally, some covered
products and equipment have most of their energy consumption occur
during periods of peak energy demand. The impacts of these products on
the energy infrastructure can be more pronounced than products with
relatively constant demand. In evaluating the significance
[[Page 10721]]
of energy savings, DOE considers differences in primary energy and
full-fuel-cycle (``FFC'') effects for different covered EPSs when
determining whether energy savings are significant. Primary energy and
FFC effects include the energy consumed in electricity production
(depending on load shape), in distribution and transmission, and in
extracting, processing, and transporting primary fuels (i.e., coal,
natural gas, petroleum fuels), and thus present a more complete picture
of the impacts of energy conservation standards.
---------------------------------------------------------------------------
\5\ See 86 FR 70892 (December 13, 2021).
---------------------------------------------------------------------------
Accordingly, DOE is evaluating the significance of energy savings
on a case-by-case basis. In doing this evaluation, DOE will review the
amount of FFC savings, the corresponding reduction in GHG emissions,
and the need to confront the global climate crisis. DOE has initially
determined the energy savings for the candidate standard levels
evaluated in this preliminary analysis rulemaking are ``significant''
within the meaning of 42 U.S.C. 6295(o)(3)(B).
To determine whether a standard is economically justified, EPCA
requires that DOE determine whether the benefits of the standard exceed
its burdens by considering, to the greatest extent practicable, the
following seven factors:
(1) The economic impact of the standard on the manufacturers and
consumers of the products subject to the standard;
(2) The savings in operating costs throughout the estimated
average life of the covered products in the type (or class) compared
to any increase in the price, initial charges, or maintenance
expenses for the covered products that are likely to result from the
standard;
(3) The total projected amount of energy savings likely to
result directly from the standard;
(4) Any lessening of the utility or the performance of the
products likely to result from the standard;
(5) The impact of any lessening of competition, as determined in
writing by the Attorney General, that is likely to result from the
standard;
(6) The need for national energy conservation; and
(7) Other factors the Secretary of Energy (Secretary) considers
relevant.
(42 U.S.C. 6295(o)(2)(B)(i)(I)-(VII))
DOE fulfills these and other applicable requirements by conducting
a series of analyses throughout the rulemaking process. Table I.1 shows
the individual analyses that are performed to satisfy each of the
requirements within EPCA.
Table I.1--EPCA Requirements and Corresponding DOE Analysis
------------------------------------------------------------------------
EPCA requirement Corresponding DOE analysis
------------------------------------------------------------------------
Significant Energy Savings............. <bullet> Shipments Analysis.
<bullet> National Impact
Analysis.
<bullet> Energy Use Analysis.
Technological Feasibility.............. <bullet> Market and Technology
Assessment.
<bullet> Screening Analysis.
<bullet> Engineering Analysis.
Economic Justification:
1. Economic impact on manufacturers <bullet> Manufacturer Impact
and consumers. Analysis.
<bullet> Life-Cycle Cost and
Payback Period Analysis.
<bullet> Life-Cycle Cost
Subgroup Analysis.
<bullet> Shipments Analysis.
2. Lifetime operating cost savings <bullet> Markups for Product
compared to increased cost for the Price Analysis.
product. <bullet> Energy Use Analysis.
<bullet> Life-Cycle Cost and
Payback Period Analysis.
3. Total projected energy savings.. <bullet> Shipments Analysis.
<bullet> National Impact
Analysis.
4. Impact on utility or performance <bullet> Screening Analysis.
<bullet> Engineering Analysis.
5. Impact of any lessening of <bullet> Manufacturer Impact
competition. Analysis.
6. Need for national energy <bullet> Shipments Analysis.
conservation. <bullet> National Impact
Analysis.
7. Other factors the Secretary <bullet> Employment Impact
considers relevant. Analysis.
<bullet> Utility Impact
Analysis.
<bullet> Emissions Analysis.
<bullet> Monetization of
Emission Reductions
Benefits.\6\
<bullet> Regulatory Impact
Analysis.
------------------------------------------------------------------------
Further, EPCA establishes a rebuttable presumption that a standard
is economically justified if the Secretary finds that the additional
cost to the consumer of purchasing a product complying with an energy
conservation standard level will be less than three times the value of
the energy savings during the first year that the consumer will receive
as a result of the standard, as calculated under the applicable test
procedure. (42 U.S.C. 6295(o)(2)(B)(iii))
---------------------------------------------------------------------------
\6\ Currently, in compliance with the preliminary injunction
issued on February 11, 2022, in Louisiana v. Biden, No. 21-cv-1074-
JDC-KK (W.D. La.), DOE is not monetizing the costs of greenhouse gas
emissions.
---------------------------------------------------------------------------
EPCA also contains what is known as an ``anti-backsliding''
provision, which prevents the Secretary from prescribing any amended
standard that either increases the maximum allowable energy use or
decreases the minimum required energy efficiency of a covered product.
(42 U.S.C. 6295(o)(1)) Also, the Secretary may not prescribe an amended
or new standard if interested persons have established by a
preponderance of the evidence that the standard is likely to result in
the unavailability in the United States in any covered product type (or
class) of performance characteristics (including reliability),
features, sizes, capacities, and volumes that are substantially the
same as those generally available in the United States. (42 U.S.C.
6295(o)(4))
Additionally, EPCA specifies requirements when promulgating an
energy conservation standard for a covered product that has two or more
subcategories. DOE must specify a different standard level for a type
or class of product that has the same function or intended use, if DOE
determines that products within such group: (A) Consume a different
kind of
[[Page 10722]]
energy from that consumed by other covered products within such type
(or class); or (B) have a capacity or other performance-related feature
which other products within such type (or class) do not have and such
feature justifies a higher or lower standard. (42 U.S.C. 6295(q)(1)) In
determining whether a performance-related feature justifies a different
standard for a group of products, DOE must consider such factors as the
utility to the consumer of the feature and other factors DOE deems
appropriate. Id. Any rule prescribing such a standard must include an
explanation of the basis on which such higher or lower level was
established. (42 U.S.C. 6295(q)(2))
Finally, pursuant to the amendments contained in the Energy
Independence and Security Act of 2007, Public Law 110-140 (December 19,
2007), any final rule for new or amended energy conservation standards
promulgated after July 1, 2010, is required to address standby mode and
off mode energy use. (42 U.S.C. 6295(gg)(3)) Specifically, when DOE
adopts a standard for a covered product after that date, it must, if
justified by the criteria for adoption of standards under EPCA (42
U.S.C. 6295(o)), incorporate standby mode and off mode energy use into
a single standard, or, if that is not feasible, adopt a separate
standard for such energy use for that product. (42 U.S.C.
6295(gg)(3)(A)-(B)) DOE's current test procedures and energy
conservation standards for EPSs address no-load mode (standby mode)
energy use.
Before proposing a standard, DOE typically seeks public input on
the analytical framework, models, and tools that DOE intends to use to
evaluate standards for the product at issue and the results of
preliminary analyses DOE performed for the product.
DOE is examining whether to amend the current standards pursuant to
its obligations under EPCA. This notification announces the
availability of the preliminary Technical Support Document (``TSD''),
which details the preliminary analyses and summarizes the preliminary
results of DOE's analyses. In addition, DOE is announcing a public
webinar to solicit feedback from interested parties on its analytical
framework, models, and preliminary results.
C. Deviation From Appendix A
In accordance with section 3(a) of 10 CFR part 430, subpart C,
appendix A (``appendix A''), DOE notes that it is deviating from the
provision in appendix A regarding the pre-NOPR stages for an energy
conservation standards rulemaking. Section 6(a)(2) of appendix A states
that if the Department determines it is appropriate to proceed with a
rulemaking, the preliminary stages of a rulemaking to issue or amend an
energy conservation standard that DOE will undertake will be a
framework document and preliminary analysis, or an advance notice of
proposed rulemaking (``ANOPR''). DOE is opting to deviate from this
step by publishing a preliminary analysis without a framework document.
A framework document is intended to introduce and summarize generally
the various analyses DOE conducts during the rulemaking process and
requests initial feedback from interested parties. As discussed further
in the following section, prior to this notification of the preliminary
analysis, DOE issued a request for information on May 20, 2020 (``May
2020 RFI'') in which DOE discussed the previous EPS energy conservation
standards given in the February 2014 Final Rule. 85 FR 30636. In that
RFI, DOE requested comment on whether there were changes to the
technologies considered as part of the February 2014 Final Rule that
would affect potential amended standards and on any aspect of its
economic justification analysis. 85 FR 30636, 30639-30648. While DOE
received comments on the assumptions employed in the analysis conducted
in support of the February 2014 Final Rule (see, e.g., Joint
Commenters, Docket EERE-2020-BT-STD-0006, p. 7-8), DOE did not receive
comments or data suggesting DOE rely on a different analytical
framework from that conducted for the February 2014 Final Rule. As DOE
intends to rely on substantively the same analytical methods as in the
most recent rulemaking, publication of a framework document would not
introduce an analytical framework different from that on which comment
was requested in the May 2020 RFI and on which comment was received. As
such, DOE is not publishing a framework document.
Further, section 6(d)(2) of appendix A specifies that the length of
the public comment period for pre-NOPR rulemaking documents will vary
depending upon the circumstances of the particular rulemaking, but will
not be less than 75 calendar days. For this preliminary analysis, DOE
has opted to instead provide a 60-day comment period.
As stated, DOE requested comment in the May 2020 RFI on the
analysis conducted in support of the February 2014 Final Rule and
provided stakeholders a 75-day comment period. DOE, however, did not
receive comments suggesting a need to substantively change the
analytical approach previously taken. Given that the analysis will
largely remain the same, and in light of the 75-day comment period DOE
has already provided with its May 2020 RFI, DOE has determined that a
60-day comment period is sufficient to enable interested parties to
review the tentative methodologies and accompanying analysis to develop
meaningful comments in response to the preliminary TSD.
II. Background
A. Current Standards
In the February 2014 Final Rule, DOE prescribed the current energy
conservation standards for EPSs manufactured on and after February 10,
2016. 79 FR 7846. These standards are set forth in DOE's regulations at
10 CFR 430.32(w) and are repeated in Table II.1.
Table II.1--Federal Energy Conservation Standards for External Power
Supplies
------------------------------------------------------------------------
Minimum average
Nameplate output power (Pout) efficiency in active Maximum power in
mode (expressed as a no-load mode [W]
decimal)
------------------------------------------------------------------------
Single-Voltage External AC-DC Power Supply, Basic Voltage
------------------------------------------------------------------------
Pout <= 1 W................... >=0.5 x Pout + 0.16.. <=0.100
1 W < Pout <= 49 W............ >=0.071 x ln(Pout)- <=0.100
0.0014 x Pout + 0.67.
49 W < Pout <= 250 W.......... >=0.880.............. <=0.210
Pout > 250 W.................. >=0.875.............. <=0.500
------------------------------------------------------------------------
[[Page 10723]]
Single-Voltage External AC-DC Power Supply, Low-Voltage
------------------------------------------------------------------------
Pout <= 1 W................... >=0.517 x Pout + <=0.100
0.087.
1 W < Pout <= 49 W............ >=0.0834 x ln(Pout)- <=0.100
0.0014 x Pout +
0.609.
49 W < Pout <= 250 W.......... >=0.870.............. <=0.210
Pout > 250 W.................. >=0.875.............. <=0.500
------------------------------------------------------------------------
Single-Voltage External AC-AC Power Supply, Basic-Voltage
------------------------------------------------------------------------
Pout <= 1 W................... >=0.5 x Pout + 0.16.. <=0.210
1 W < Pout <= 49 W............ >=0.071 x ln(Pout)- <=0.210
0.0014 x Pout + 0.67.
49 W < Pout <= 250 W.......... >=0.880.............. <=0.210
Pout > 250 W.................. >=0.875.............. <=0.500
------------------------------------------------------------------------
Single-Voltage External AC-AC Power Supply, Low-Voltage
------------------------------------------------------------------------
Pout <= 1 W................... >=0.517 x Pout + <=0.210
0.087.
1 W < Pout <= 49 W............ >=0.0834 x ln(Pout)- <=0.210
0.0014 x Pout +
0.609.
49 W < Pout <= 250 W.......... >=0.870.............. <=0.210
Pout > 250 W.................. >=0.875.............. <=0.500
------------------------------------------------------------------------
Multiple-Voltage External Power Supply
------------------------------------------------------------------------
Pout <= 1 W................... >=0.497 x Pout + <=0.300
0.067.
1 W < Pout <= 49 W............ >=0.075 x ln(Pout) + <=0.300
0.561.
Pout > 49 W................... >=0.860.............. <=0.300
------------------------------------------------------------------------
B. Current Process
On May 20, 2020, DOE published the May 2020 RFI, initiating a
review to determine whether any new or amended standards would satisfy
the relevant requirements of EPCA for a new or amended energy
conservation standard for EPSs. 85 FR 30636. Specifically, through the
published notice and request for information, DOE sought data and
information that could enable the agency to determine whether DOE
should propose a ``no new standard'' determination because a more
stringent standard: (1) Would not result in a significant savings of
energy; (2) is not technologically feasible; (3) is not economically
justified; or (4) any combination of foregoing. Id.
Comments received to date as part of the current process have
helped DOE identify and resolve issues related to the preliminary
analyses. Chapter 2 of the preliminary TSD summarizes and addresses the
comments received.
III. Summary of the Analyses Performed by DOE
For the products covered in this preliminary analysis, DOE
conducted in-depth technical analyses in the following areas: (1)
Engineering; (2) markups to determine product price; (3) energy use;
(4) life cycle cost (``LCC'') and payback period (``PBP''); and (5)
national impacts. The preliminary TSD that presents the methodology and
results of each of these analyses is available at:
<a href="http://www1.eere.energy.gov/buildings/appliance_standards/standards.aspx?productid=1">www1.eere.energy.gov/buildings/appliance_standards/standards.aspx?productid=1</a>.
DOE also conducted, and has included in the preliminary TSD,
several other analyses that support the major analyses or are
preliminary analyses that will be expanded if DOE determines that a
NOPR is warranted to propose amended energy conservation standards.
These analyses include: (1) The market and technology assessment; (2)
the screening analysis, which contributes to the engineering analysis;
and (3) the shipments analysis, which contributes to the LCC and PBP
analysis and the national impact analysis (``NIA''). In addition to
these analyses, DOE has begun preliminary work on the manufacturer
impact analysis and has identified the methods to be used for the
consumer subgroup analysis, the emissions analysis, the employment
impact analysis, the regulatory impact analysis, and the utility impact
analysis. DOE will expand on these analyses in the NOPR should one be
issued.
A. Market and Technology Assessment
DOE develops information in the market and technology assessment
that provides an overall picture of the market for the products
concerned, including general characteristics of the products, the
industry structure, manufacturers, market characteristics, and
technologies used in the products. This activity includes both
quantitative and qualitative assessments, based primarily on publicly
available information. The subjects addressed in the market and
technology assessment include: (1) A determination of the scope of the
rulemaking and product classes, (2) manufacturers and industry
structure, (3) existing efficiency programs, (4) shipments information,
(5) market and industry trends, and (6) technologies or design options
that could improve the energy efficiency of the product.
See chapter 3 of the preliminary TSD for further discussion of the
market and technology assessment.
B. Screening Analysis
DOE uses the following five screening criteria to determine which
technology options are suitable for further consideration in an energy
conservation standards rulemaking:
(1) Technological feasibility. Technologies that are not
incorporated in commercial products or in working prototypes will not
be considered further.
(2) Practicability to manufacture, install, and service. If it is
determined that mass production and reliable installation and servicing
of a technology in commercial products could not be achieved on the
scale necessary to serve the relevant market at the time of the
projected compliance date of the standard, then that
[[Page 10724]]
technology will not be considered further.
(3) Impacts on product utility or product availability. If it is
determined that a technology would have a significant adverse impact on
the utility of the product for significant subgroups of consumers or
would result in the unavailability of any covered product type with
performance characteristics (including reliability), features, sizes,
capacities, and volumes that are substantially the same as products
generally available in the United States at the time, it will not be
considered further.
(4) Adverse impacts on health or safety. If it is determined that a
technology would have significant adverse impacts on health or safety,
it will not be considered further.
(5) Unique-pathway proprietary technologies. If a design option
utilizes proprietary technology that represents a unique pathway to
achieving a given efficiency level, that technology will not be
considered further due to the potential for monopolistic concerns. 10
CFR part 430, subpart C, appendix A, sections 6(b)(3) and 7(b).
If DOE determines that a technology, or a combination of
technologies, meets one or more of the listed five screening criteria,
it will be excluded from further consideration in the engineering
analysis.
See chapter 4 of the preliminary TSD for further discussion of the
screening analysis.
C. Engineering Analysis
The purpose of the engineering analysis is to establish the
relationship between the efficiency and cost of EPSs. There are two
elements to consider in the engineering analysis; the selection of
efficiency levels to analyze (i.e., the ``efficiency analysis'') and
the determination of product cost at each efficiency level (i.e., the
``cost analysis''). In determining the performance of higher-efficiency
products, DOE considers technologies and design option combinations not
eliminated by the screening analysis. For each product class, DOE
estimates the manufacturer production cost (``MPC'') for the baseline
as well as higher efficiency levels. The output of the engineering
analysis is a set of cost-efficiency ``curves'' that are used in
downstream analyses (i.e., the LCC and PBP analyses and the NIA).
DOE converts the MPC to the manufacturer selling price (``MSP'') by
applying a manufacturer markup. The MSP is the price the manufacturer
charges its first customer, when selling into the product distribution
channels. The manufacturer markup accounts for manufacturer non-
production costs and profit margin. DOE developed the manufacturer
markup by examining publicly available financial information for
manufacturers of the covered product.
See Chapter 5 of the preliminary TSD for additional detail on the
engineering analysis.
D. Markups Analysis
At each step in the distribution channel, companies mark up the
price of the product to cover business costs and profit margins. The
markups analysis develops appropriate markups (e.g., retailer markups,
distributor markups, contractor markups, and includes sales taxes) in
the distribution chain to convert MSP estimates derived in the
engineering analysis to consumer prices, which are then used in the LCC
and PBP analysis.
DOE developed baseline and incremental markups for each actor in
the distribution chain. Baseline markups are applied to the price of
products with baseline efficiency, while incremental markups are
applied to the difference in price between baseline and higher-
efficiency models (the incremental cost increase). The incremental
markup is typically less than the baseline markup and is designed to
maintain similar per-unit operating profit before and after new or
amended standards.\7\
---------------------------------------------------------------------------
\7\ Because the projected price of standards-compliant products
is typically higher than the price of baseline products, using the
same markup for the incremental cost and the baseline cost would
result in higher per-unit operating profit. While such an outcome is
possible, DOE maintains that in markets that are reasonably
competitive it is unlikely that standards would lead to a
sustainable increase in profitability in the long run. Chapter 6 of
the preliminary analysis TSD provides more detail about DOE's
assumption for incremental markups.
---------------------------------------------------------------------------
Chapter 6 of the preliminary TSD provides details on DOE's
development of markups for EPSs.
E. Energy Use Analysis
The purpose of the energy use analysis is to determine the annual
energy consumption of EPSs at different efficiencies in representative
U.S. homes and business, and to assess the energy savings potential of
increased EPS efficiency. The energy use analysis estimates the range
of energy use of EPSs as they are actually used by consumers to
establish a distribution of efficiencies. The energy use analysis
provides the basis for other analyses DOE performed, particularly
assessments of the energy savings and the savings in consumer operating
costs that could result from adoption of amended or new standards.
Chapter 7 of the preliminary TSD addresses the energy use analysis.
F. Life-Cycle Cost and Payback Period Analyses
The effect of new or amended energy conservation standards on
individual consumers usually involves a reduction in operating cost and
an increase in purchase cost. DOE used the following two metrics to
measure consumer impacts:
<bullet> The LCC is the total consumer expense of an appliance or
product over the life of that product, consisting of total installed
cost (manufacturer selling price, distribution chain markups, and sales
tax) plus operating costs (expenses for energy use). To compute the
operating costs, DOE discounts future operating costs to the time of
purchase and sums them over the lifetime of the product.
<bullet> The PBP is the estimated amount of time (in years) it
takes consumers to recover the increased purchase cost (including
installation) of a more-efficient product through lower operating
costs. DOE calculates the PBP by dividing the change in purchase cost
at higher efficiency levels by the change in annual operating cost for
the year that amended or new standards are assumed to take effect.
Chapter 8 of the preliminary TSD addresses the LCC and PBP
analyses.
G. National Impact Analysis
The NIA estimates the national energy savings (``NES'') and the net
present value (``NPV'') of total consumer costs and savings expected to
result from amended standards at specific efficiency levels (referred
to as candidate standard levels).\8\ DOE calculates the NES and NPV for
the potential standard levels considered based on projections of annual
product shipments, along with the annual energy consumption and total
cost data from the energy use and LCC analyses. For the present
analysis, DOE projected the energy savings, operating cost savings,
product costs, and NPV of consumer benefits over the lifetime of EPSs
sold from 2027 through 2056.
---------------------------------------------------------------------------
\8\ The NIA accounts for impacts in the 50 states and U.S.
territories.
---------------------------------------------------------------------------
DOE evaluates the impacts of new or amended standards by comparing
a case without such standards with standards-case projections (``no-
new-standards case''). The no-new-standards case characterizes energy
use and consumer costs for each product class in the absence of new or
amended energy
[[Page 10725]]
conservation standards. For this projection, DOE considers historical
trends in efficiency and various forces that are likely to affect the
mix of efficiencies over time. DOE compares the no-new-standards case
with projections characterizing the market for each product class if
DOE adopted new or amended standards at specific energy efficiency
levels for that class. For each efficiency level, DOE considers how a
given standard would likely affect the market shares of product with
efficiencies greater than the standard.
DOE uses a spreadsheet model to calculate the energy savings and
the national consumer costs and savings from each efficiency level.
Interested parties can review DOE's analyses by changing various input
quantities within the spreadsheet. The NIA spreadsheet model uses
typical values (as opposed to probability distributions) as inputs.
Critical inputs to this analysis include shipments projections,
estimated product lifetimes, product installed costs and operating
costs, product annual energy consumption, the base case efficiency
projection, and discount rates.
DOE estimates a combined total of 0.9 quads of site energy savings
at the max-tech efficiency levels for EPSs. Combined site energy
savings at Efficiency Level 1 for all product classes are estimated to
be 0.05 quads.
Chapter 10 of the preliminary TSD addresses the NIA.
IV. Public Participation
DOE invites public participation in this process through
participation in the webinar and submission of written comments and
information. After the webinar and the closing of the comment period,
DOE will consider all timely-submitted comments and additional
information obtained from interested parties, as well as information
obtained through further analyses. Following such consideration, the
Department will publish either a determination that the standards for
EPSs need not be amended or a NOPR proposing to amend those standards.
The NOPR, should one be issued, would include proposed energy
conservation standards for the products covered by that rulemaking, and
members of the public would be given an opportunity to submit written
and oral comments on the proposed standards.
A. Participation in the Webinar
The time and date for the webinar meeting are listed in the DATES
section at the beginning of this document. Webinar registration
information, participant instructions, and information about the
capabilities available to webinar participants will be published on
DOE's website: <a href="http://www.energy.gov/eere/buildings/public-meetings-and-comment-deadlines">www.energy.gov/eere/buildings/public-meetings-and-comment-deadlines</a>. Participants are responsible for ensuring their
systems are compatible with the webinar software.
B. Procedure for Submitting Prepared General Statements for
Distribution
Any person who has an interest in the topics addressed in this
document, or who is representative of a group or class of persons that
has an interest in these issues, may request an opportunity to make an
oral presentation at the webinar. Such persons may submit such request
to <a href="/cdn-cgi/l/email-protection#82c3f2f2eeebe3ece1e7d1f6e3ece6e3f0e6f1d3f7e7f1f6ebedecf1c2e7e7ace6ede7ace5edf4"><span class="__cf_email__" data-cfemail="206150504c49414e43457354414e44415244537155455354494f4e536045450e444f450e474f56">[email protected]</span></a>. Persons who wish to speak
should include with their request a computer file in 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.
Such persons should also provide a daytime telephone number where they
can be reached.
Persons requesting to speak should briefly describe the nature of
their interest in this rulemaking and provide a telephone number for
contact. DOE requests persons selected to make an oral presentation to
submit an advance copy of their statements at least two weeks before
the webinar. At its discretion, DOE may permit persons who cannot
supply an advance copy of their statement to participate, if those
persons have made advance alternative arrangements with the Building
Technologies Office. As necessary, requests to give an oral
presentation should ask for such alternative arrangements.
C. Conduct of the Webinar
DOE will designate a DOE official to preside at the webinar and may
also use a professional facilitator to aid discussion. The meeting will
not be a judicial or evidentiary-type public hearing, but DOE will
conduct it in accordance with section 336 of EPCA (42 U.S.C. 6306). A
court reporter will be present to record the proceedings and prepare a
transcript. DOE reserves the right to schedule the order of
presentations and to establish the procedures governing the conduct of
the webinar/public meeting. There shall not be discussion of
proprietary information, costs or prices, market share, or other
commercial matters regulated by U.S. anti-trust laws. After the webinar
and until the end of the comment period, interested parties may submit
further comments on the proceedings and any aspect of the rulemaking.
The webinar will be conducted in an informal, conference style. DOE
will present a general overview of the topics addressed in the
preliminary assessment, allow time for prepared general statements by
participants, and encourage all interested parties to share their views
on issues affecting this rulemaking. Each participant will be allowed
to make a general statement (within time limits determined by DOE),
before the discussion of specific topics. DOE will permit, as time
permits, other participants to comment briefly on any general
statements.
At the end of all prepared statements on a topic, DOE will permit
participants to clarify their statements briefly. Participants should
be prepared to answer questions by DOE and by other participants
concerning these issues. DOE representatives may also ask questions of
participants concerning other matters relevant to this rulemaking. The
official conducting the webinar will accept additional comments or
questions from those attending, as time permits. The presiding official
will announce any further procedural rules or modification of the above
procedures that may be needed for the proper conduct of the webinar.
A transcript of the webinar meeting will be included in the docket,
which can be viewed as described in the Docket section at the beginning
of this document. In addition, any person may buy a copy of the
transcript from the transcribing reporter.
D. Submission of Comments
DOE invites all interested parties, regardless of whether they
participate in the webinar, to submit in writing by April 26, 2022,
comments and information on matters addressed in this notification and
on other matters relevant to DOE's consideration of amended energy
conservations standards for EPSs. Interested parties may submit
comments, data, and other information using any of the methods
described in the ADDRESSES section at the beginning of this document.
Submitting comments via <a href="http://www.regulations.gov">www.regulations.gov</a>. The
<a href="http://www.regulations.gov">www.regulations.gov</a> web page will require you to provide your name and
contact information. Your contact information will be viewable to DOE
Building Technologies staff only. Your contact information will not be
publicly viewable except for your first and last names, organization
name (if any), and submitter representative name (if any). If your
comment is not processed
[[Page 10726]]
properly because of technical difficulties, DOE will use this
information to contact you. If DOE cannot read your comment due to
technical difficulties and cannot contact you for clarification, DOE
may not be able to consider your comment.
However, your contact information will be publicly viewable if you
include it in the comment itself or in any documents attached to your
comment. Any information that you do not want to be publicly viewable
should not be included in your comment, nor in any document attached to
your comment. If this instruction is followed, persons viewing comments
will see only first and last names, organization names, correspondence
containing comments, and any documents submitted with the comments.
Do not submit to <a href="http://www.regulations.gov">www.regulations.gov</a> information for which
disclosure is restricted by statute, such as trade secrets and
commercial or financial information (hereinafter referred to as
Confidential Business Information (CBI)). Comments submitted through
<a href="http://www.regulations.gov">www.regulations.gov</a> cannot be claimed as CBI. Comments received through
the website will waive any CBI claims for the information submitted.
For information on submitting CBI, see the Confidential Business
Information section.
DOE processes submissions made through <a href="http://www.regulations.gov">www.regulations.gov</a> before
posting. Normally, comments will be posted within a few days of being
submitted. However, if large volumes of comments are being processed
simultaneously, your comment may not be viewable for up to several
weeks. Please keep the comment tracking number that <a href="http://www.regulations.gov">www.regulations.gov</a>
provides after you have successfully uploaded your comment.
Submitting comments via email. Comments and documents submitted via
email also will be posted to <a href="http://www.regulations.gov">www.regulations.gov</a>. If you do not want
your personal contact information to be publicly viewable, do not
include it in your comment or any accompanying documents. Instead,
provide your contact information in a cover letter. Include your first
and last names, email address, telephone number, and optional mailing
address. The cover letter will not be publicly viewable as long as it
does not include any comments.
Include contact information each time you submit comments, data,
documents, and other information to DOE. No faxes will be accepted.
Comments, data, and other information submitted to DOE
electronically should be provided in PDF (preferred), Microsoft Word or
Excel, or text (ASCII) file format. Provide documents that are not
secured, that are written in English, and that are free of any defects
or viruses. Documents should not contain special characters or any form
of encryption and, if possible, they should carry the electronic
signature of the author.
Campaign form letters. Please submit campaign form letters by the
originating organization in batches of between 50 to 500 form letters
per PDF or as one form letter with a list of supporters' names compiled
into one or more PDFs. This reduces comment processing and posting
time.
Confidential Business Information. Pursuant to 10 CFR 1004.11(e),
(f), any person submitting information that he or she believes to be
confidential and exempt by law from mandatory public disclosure should
submit via email two well-marked copies: One copy of the document
marked ``confidential'' including all the information believed to be
confidential, and one copy of the document marked ``non-confidential''
with the information believed to be confidential deleted. DOE will make
its own determination about the confidential status of the information
and treat it according to its determination.
It is DOE's policy that all comments may be included in the public
docket, without change and as received, including any personal
information provided in the comments (except information deemed to be
exempt from public disclosure).
V. Approval of the Office of the Secretary
The Secretary of Energy has approved publication of this
notification of a webinar and availability of preliminary technical
support document.
Signing Authority
This document of the Department of Energy was signed on February 7,
2022, by Kelly J. Speakes-Backman, Principal Deputy Assistant Secretary
for Energy Efficiency and Renewable Energy, pursuant to delegated
authority from the Secretary of Energy. That document with the original
signature and date is maintained by DOE. For administrative purposes
only, and in compliance with requirements of the Office of the Federal
Register, the undersigned DOE Federal Register Liaison Officer has been
authorized to sign and submit the document in electronic format for
publication, as an official document of the Department of Energy. This
administrative process in no way alters the legal effect of this
document upon publication in the Federal Register.
Signed in Washington, DC, on February 17, 2022.
Treena V. Garrett,
Federal Register Liaison Officer, U.S. Department of Energy.
[FR Doc. 2022-03850 Filed 2-24-22; 8:45 am]
BILLING CODE 6450-01-P
</pre><script data-cfasync="false" src="/cdn-cgi/scripts/5c5dd728/cloudflare-static/email-decode.min.js"></script></body>
</html>Indexed from Federal Register on February 25, 2022.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.