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Proposed Rule2022-13322

Energy Conservation Program: Energy Conservation Standards for Dehumidifiers

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Published

June 22, 2022

Issuing agencies

Energy Department

Abstract

The U.S. Department of Energy ("DOE" or "the Department") announces the availability of the preliminary analysis it has conducted for purposes of evaluating the need for amended energy conservation standards for dehumidifiers, which is set forth in the Department's preliminary technical support document ("TSD") for this rulemaking. DOE will hold a public meeting via webinar to discuss and receive comment on the preliminary analysis. The meeting will cover the analytical framework, models, and tools used to evaluate potential standards; the results of preliminary analyses performed by DOE; the potential energy conservation standard levels derived from these analyses (if DOE determines that proposed amendments are necessary); and other relevant issues. In addition, DOE encourages written comments on these subjects.

Full Text

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<title>Federal Register, Volume 87 Issue 119 (Wednesday, June 22, 2022)</title>
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[Federal Register Volume 87, Number 119 (Wednesday, June 22, 2022)]
[Proposed Rules]
[Pages 37240-37247]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-13322]

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DEPARTMENT OF ENERGY

10 CFR Part 430

[EERE-2019-BT-STD-0043]
RIN 1904-AE61

Energy Conservation Program: Energy Conservation Standards for
Dehumidifiers

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

ACTION: Notification of availability of preliminary technical support
document and request for comment.

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SUMMARY: The U.S. Department of Energy (``DOE'' or ``the Department'')
announces the availability of the preliminary analysis it has conducted
for purposes of evaluating the need for amended energy conservation
standards for dehumidifiers, which is set forth in the Department's
preliminary technical support document (``TSD'') for this rulemaking.
DOE will hold a public meeting via webinar to discuss and

[[Page 37241]]

receive comment on the preliminary analysis. The meeting will cover the
analytical framework, models, and tools used to evaluate potential
standards; the results of preliminary analyses performed by DOE; the
potential energy conservation standard levels derived from these
analyses (if DOE determines that proposed amendments are necessary);
and other relevant issues. In addition, DOE encourages written comments
on these subjects.

DATES:
Comments: Written comments and information will be accepted on or
before, August 22, 2022.
Meeting: DOE will hold a webinar on Tuesday, July 19, 2022, from 1
p.m. to 4 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>, under docket
number EERE-2019-BT-STD-0043. Follow the instructions for submitting
comments. Alternatively, interested persons may submit comments,
identified by docket number EERE-2019-BT-STD-0043 by any of the
following methods:
(1) Email: <a href="/cdn-cgi/l/email-protection#e8ac8d809d85818c818e818d9a9bdad8d9d1bbbcacd8d8dcdba88d8dc68c878dc68f879e">[email&#160;protected]</a>. Include the docket
number EERE-2019-BT-STD-0043 in the subject line of the message.
(2) Postal Mail: Appliance and Equipment Standards Program, U.S.
Department of Energy, Building Technologies Office, Mailstop EE-5B,
1000 Independence Avenue SW, Washington, DC 20585-0121. Telephone:
(202) 287-1445. If possible, please submit all items on a compact disc
(``CD''), in which case it is not necessary to include printed copies.
(3) Hand Delivery/Courier: Appliance and Equipment Standards
Program, U.S. Department of Energy, Building Technologies Office, 950
L'Enfant Plaza SW, 6th Floor, Washington, DC 20024. Telephone: (202)
287-1445. If possible, please submit all items on a CD, in which case
it is not necessary to include printed copies.
No telefacsimiles (``faxes'') will be accepted. For detailed
instructions on submitting comments and additional information on this
process, see section IV of this document.
To inform interested parties and to facilitate this rulemaking
process, DOE has prepared an agenda, a preliminary TSD, and briefing
materials, which are available on the docket website at:
<a href="http://www.regulations.gov/docket/EERE-2019-BT-STD-0043">www.regulations.gov/docket/EERE-2019-BT-STD-0043</a>.
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-2019-BT-STD-0043">www.regulations.gov/docket/EERE-2019-BT-STD-0043</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. Bryan Berringer, U.S. Department
of Energy, Office of Energy Efficiency and Renewable Energy, Building
Technologies, EE-5B, 1000 Independence Avenue SW, Washington, DC 20585-
0121. Telephone: (202) 586-0371. Email:
<a href="/cdn-cgi/l/email-protection#19586969757078777a7c4a6d78777d786b7d6a486c7c6a6d7076776a597c7c377d767c377e766f">[email&#160;protected]</a>.
Mr. Pete Cochran, U.S. Department of Energy, Office of the General
Counsel, GC-33, 1000 Independence Avenue SW, Washington, DC 20585-0121.
Telephone: (202) 586-9496. Email: <a href="/cdn-cgi/l/email-protection#5f0f3a2b3a2d711c303c372d3e311f372e713b303a71383029">[email&#160;protected]</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#723302021e1b131c11172106131c161300160123071701061b1d1c013217175c161d175c151d04">[email&#160;protected]</a>.

SUPPLEMENTARY INFORMATION:

Table of Contents

I. Introduction
A. Authority
B. Rulemaking Process
C. Deviation From Appendix A
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

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. These products
include dehumidifiers, the subject of this document. (42 U.S.C.
6295(cc))
---------------------------------------------------------------------------

\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), which reflect the last statutory amendments that impact
Parts A and A-1 of EPCA.
\2\ For editorial reasons, upon codification in the U.S. Code,
Part B was redesignated Part A.
---------------------------------------------------------------------------

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))
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 dehumidifiers. 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 significance of energy savings offered by a new or amended
energy

[[Page 37242]]

conservation standard cannot be determined without knowledge of the
specific circumstances surrounding a given rulemaking.\3\ For example,
the United States has now rejoined the Paris Agreement on February 19,
2021. As part of that agreement, the United States has committed to
reducing greenhouse gas (``GHG'') emissions in order to limit the rise
in mean global temperature.\4\ As such, energy savings that reduce GHG
emission have taken on greater importance.
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\3\ See Procedures, Interpretations, and Policies for
Consideration in New or Revised Energy Conservation Standards and
Test Procedures for Consumer Products and Commercial/Industrial
Equipment. 86 FR 70892, 70901 (Dec. 13, 2021).
\4\ See Executive Order 14008, 86 FR 7619 (Feb. 1, 2021)
(``Tackling the Climate Crisis at Home and Abroad'').
---------------------------------------------------------------------------

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 U.S. energy infrastructure can be
more pronounced than those of products with relatively constant demand.
In evaluating the significance of energy savings, DOE considers
differences in not only site energy use, but also primary energy and
full-fuel-cycle (``FFC'') effects for different covered products and
equipment 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\ Accordingly, DOE evaluates the significance of energy
savings on a case-by-case basis.
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\5\ The FFC metric is discussed in DOE's statement of policy and
notice of policy amendment. 76 FR 51281 (Aug. 18, 2011), as amended
at 77 FR 49701 (Aug. 17, 2012).
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Based on the cumulative full-fuel-cycle (``FFC'') national energy
savings, the cumulative FFC emissions reductions, and the need to
confront the global climate crisis, among other factors, 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 (or as applicable, water)
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 and water 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 and <bullet> Shipments Analysis.
water conservation.
<bullet> National Impact
Analysis.
------------------------------------------------------------------------

[[Page 37243]]

Table I.1--EPCA Requirements and Corresponding DOE Analysis--Continued
------------------------------------------------------------------------
EPCA requirement Corresponding DOE 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))
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\6\ On March 16, 2022, the Fifth Circuit Court of Appeals (No.
22-30087) granted the federal government's emergency motion for stay
pending appeal of the February 11, 2022, preliminary injunction
issued in Louisiana v. Biden, No. 21-cv-1074-JDC-KK (W.D. La.). As a
result of the Fifth Circuit's order, the preliminary injunction is
no longer in effect, pending resolution of the federal government's
appeal of that injunction or a further court order. Among other
things, the preliminary injunction enjoined the defendants in that
case from ``adopting, employing, treating as binding, or relying
upon'' the interim estimates of the social cost of greenhouse
gases--which were issued by the Interagency Working Group on the
Social Cost of Greenhouse Gases on February 26, 2021--to monetize
the benefits of reducing greenhouse gas emissions. In the absence of
further intervening court orders, DOE will revert to its approach
prior to the injunction and present monetized benefits where
appropriate and permissible under law.
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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 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 (``EISA 2007''), Public Law 110-
140, 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 for dehumidifiers
address standby mode and off mode energy use. In this rulemaking, DOE
intends to incorporate such energy use into any amended energy
conservation standards it adopts in the final rule.
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 TSD, which details the preliminary
analyses and summarizes the preliminary results of DOE's analyses. In
addition, DOE is announcing a public meeting 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 (``RFI'') on June 4,
2021, in which DOE discussed the dehumidifier energy conservation
standards final rule published on June 13, 2016 (81 FR 38338; ``June
2016 Final Rule''). 86 FR 29964 (``June 2021 RFI''). In that RFI, DOE
requested comment on whether there were changes to the technologies
considered as part of the June 2016 Final Rule that would affect
potential amended standards and on any aspect of its economic
justification analysis. 86 FR 29964, 29965-29966. While DOE received
comments on the

[[Page 37244]]

assumptions employed in the analysis conducted in support of the June
2016 Final Rule (e.g., Leckenby, No. 2 at p. 1; Joint Commenters, No. 9
at p. 3; Aprilaire, No. 11 at pp. 2-3; CA IOUs, No. 12 at p. 5), DOE
did not receive comments or data suggesting DOE rely on a different
analytical framework from that conducted for the June 2016 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 June 2021 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 June 2021 RFI on the
analysis conducted in support of the June 2016 Final Rule and provided
stakeholders a 30-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 30-day comment period DOE has already
provided with its June 2021 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 dehumidifier preliminary analysis.

II. Background

A. Current Standards

In the June 2016 Final Rule, DOE prescribed the current energy
conservation standards for dehumidifiers manufactured on and after June
13, 2019. 81 FR 38338. These standards are set forth in DOE's
regulations at 10 CFR part 430, subpart B, appendix X1 (``appendix
X1'') and are repeated in Table II.1.

Table II.1--Federal Energy Conservation Standards for Dehumidifiers
------------------------------------------------------------------------
Minimum integrated
Portable dehumidifier product capacity (pints/ energy factor
day) (liters/kWh)
------------------------------------------------------------------------
25.00 or less..................................... 1.30
25.01-50.00....................................... 1.60
50.01 or more..................................... 2.80
Whole-home dehumidifier product case volume (cubic
feet):
8.0 or less................................... 1.77
More than 8.0................................. 2.41
------------------------------------------------------------------------

B. Current Process

On June 4, 2021, DOE published an RFI in the Federal Register to
determine whether any new or amended standards would satisfy the
relevant requirements of EPCA for a new or amended energy conservation
standard for dehumidifiers. 86 FR 29964.
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://www.regulations.gov/docket/EERE-2019-BT-STD-0043">www.regulations.gov/docket/EERE-2019-BT-STD-0043</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 37245]]

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, fails to meet one or more of the listed five 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 dehumidifiers. 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. See chapter 12 of the preliminary TSD for
additional detail on the manufacturer markup.

D. Markups Analysis

The markups analysis develops appropriate markups (e.g., retailer
markups, wholesaler markups, contractor markups) in the distribution
chain and sales taxes to convert MSP estimates derived in the
engineering analysis to consumer prices, which are then used in the LCC
and PBP analysis. At each step in the distribution channel, companies
mark up the price of the product to cover business costs and profit
margin.
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\
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\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 details on DOE's
development of markups for dehumidifiers.

E. Energy Use Analysis

The purpose of the energy use analysis is to determine the annual
energy consumption of dehumidifiers at different efficiencies in
representative U.S. households, and to assess the energy savings
potential of increased dehumidifier efficiency. The energy use analysis
estimates the range of energy use of dehumidifiers in the field (i.e.,
as they are actually used by consumers). 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 analysis 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:
[ballot] 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, sales
tax, and installation costs) plus operating costs (expenses for energy
use, maintenance, and repair). To compute the operating costs, DOE
discounts future operating costs to the time of purchase and sums them
over the lifetime of the product.
[ballot] 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 analysis 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
installed 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 dehumidifiers sold from 2028 through 2057.
---------------------------------------------------------------------------

\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

[[Page 37246]]

costs for each product class in the absence of new or amended energy
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 no-new-standards case
efficiency projection, and discount rates.
DOE estimates a combined total of 1.84 quads of full fuel cycle
energy savings at the max- tech efficiency levels for dehumidifiers.
Combined full fuel cycle energy savings at Efficiency Level 1 for all
product classes are estimated to be 0.006 quads. Chapter 10 of the
preliminary TSD addresses the NIA.

IV. Public Participation

DOE invites public engagement in this process through participation
in the webinar and submission of written comments and data. 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 dehumidifiers 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 this 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://www1.eere.energy.gov/buildings/appliance_standards/standards.aspx?productid=24&action=viewlive">www1.eere.energy.gov/buildings/appliance_standards/standards.aspx?productid=24&action=viewlive</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
notice, 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#f7b687879b9e96999492a48396999396859384a6829284839e989984b79292d9939892d9909881">[email&#160;protected]</a>. Persons who wish to speak
should include with their request a computer file in WordPerfect,
Microsoft Word, PDF, or text (ASCII) file format that briefly describes
the nature of their interest in this rulemaking and the topics they
wish to discuss. Such persons should also provide a daytime telephone
number where they can be reached.

C. Conduct of the Webinar

DOE will designate a DOE official to preside at the webinar/public
meeting 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. 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 this
rulemaking, 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 allows, 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/public meeting will accept additional
comments or questions from those attending, as time permits. The
presiding official will announce any further procedural rules or
modification of the above procedures that may be needed for the proper
conduct of the webinar.
A transcript of the webinar/public meeting will be included in the
docket, which can be viewed as described in the Docket section at the
beginning of this notice. 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 public meeting webinar, to submit in writing no
later than the date provided in the DATES section at the beginning of
this document, comments and information on matters addressed in this
notification and on other matters relevant to DOE's consideration of
potential amended energy conservations standards for dehumidifiers.
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 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

[[Page 37247]]

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, WordPerfect, 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, any
person submitting information that he or she believes to be
confidential and exempt by law from public disclosure should submit via
email to <a href="/cdn-cgi/l/email-protection#b8fcddd0cdd5d1dcd1ded1ddcacb8a888981ebecfc88888c8bf8dddd96dcd7dd96dfd7ce">[email&#160;protected]</a> 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 the availability of the preliminary technical support
document and request for comment.

Signing Authority

This document of the Department of Energy was signed on June 16,
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 June 16, 2022.
Treena V. Garrett,
Federal Register Liaison Officer, U.S. Department of Energy.
[FR Doc. 2022-13322 Filed 6-21-22; 8:45 am]
BILLING CODE 6450-01-P

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