Proposed Rule2023-04765

Energy Conservation Program: Energy Conservation Standards for Battery Chargers

Primary source

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Published
March 15, 2023

Issuing agencies

Energy Department

Abstract

The Energy Policy and Conservation Act, as amended ("EPCA"), prescribes energy conservation standards for various consumer products and certain commercial and industrial equipment, including battery chargers. EPCA also requires the U.S. Department of Energy ("DOE" or "Department") to periodically determine whether more-stringent, standards would be technologically feasible and economically justified, and would result in significant energy savings. In this notice of proposed rulemaking ("NOPR"), DOE proposes amended energy conservation standards for battery chargers, and also announces a public meeting to receive comment on these proposed standards and associated analyses and results.

Full Text

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<title>Federal Register, Volume 88 Issue 50 (Wednesday, March 15, 2023)</title>
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[Federal Register Volume 88, Number 50 (Wednesday, March 15, 2023)]
[Proposed Rules]
[Pages 16112-16168]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-04765]



[[Page 16111]]

Vol. 88

Wednesday,

No. 50

March 15, 2023

Part III





Department of Energy





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10 CFR Part 430





Energy Conservation Program: Energy Conservation Standards for Battery 
Chargers; Proposed Rule

Federal Register / Vol. 88 , No. 50 / Wednesday, March 15, 2023 / 
Proposed Rules

[[Page 16112]]


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DEPARTMENT OF ENERGY

10 CFR Part 430

[EERE-2020-BT-STD-0013]
RIN 1904-AE50


Energy Conservation Program: Energy Conservation Standards for 
Battery Chargers

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

ACTION: Notice of proposed rulemaking; announcement of public meeting.

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SUMMARY: The Energy Policy and Conservation Act, as amended (``EPCA''), 
prescribes energy conservation standards for various consumer products 
and certain commercial and industrial equipment, including battery 
chargers. EPCA also requires the U.S. Department of Energy (``DOE'' or 
``Department'') to periodically determine whether more-stringent, 
standards would be technologically feasible and economically justified, 
and would result in significant energy savings. In this notice of 
proposed rulemaking (``NOPR''), DOE proposes amended energy 
conservation standards for battery chargers, and also announces a 
public meeting to receive comment on these proposed standards and 
associated analyses and results.

DATES: 
    Meeting: DOE will hold a public meeting via webinar on Thursday, 
April 27, 2023, from 1:00 p.m. to 4:00 p.m. See section VII, ``Public 
Participation,'' for webinar registration information, participant 
instructions, and information about the capabilities available to 
webinar participants.
    Comments: DOE will accept comments, data, and information regarding 
this NOPR no later than May 15, 2023.
    Comments regarding the likely competitive impact of the proposed 
standard should be sent to the Department of Justice contact listed in 
the ADDRESSES section on or before April 14, 2023.

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-2020-BT-STD-0013. Follow the instructions for submitting 
comments. Alternatively, interested persons may submit comments, 
identified by docket number EERE-2020-BT-STD-0013, by any of the 
following methods:
    Email: <a href="/cdn-cgi/l/email-protection#d2b0b3a6a6b7a0abb1bab3a0b5b7a0a1e0e2e0e2818696e2e2e3e192b7b7fcb6bdb7fcb5bda4"><span class="__cf_email__" data-cfemail="87e5e6f3f3e2f5fee4efe6f5e0e2f5f4b5b7b5b7d4d3c3b7b7b6b4c7e2e2a9e3e8e2a9e0e8f1">[email&#160;protected]</span></a>. Include the docket 
number EERE-2020-BT-STD-0013 in the subject line of the message.
    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.
    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 VII of this document.
    Docket: The docket for this activity, which includes Federal 
Register notices, comments, 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, not all 
documents listed in the index may be publicly available, such as 
information that is exempt from public disclosure.
    The docket web page can be found at <a href="http://www.regulations.gov/docket/EERE-2020-BT-STD-0013">www.regulations.gov/docket/EERE-2020-BT-STD-0013</a>. The docket web page contains instructions on how 
to access all documents, including public comments, in the docket. See 
section VII of this document for information on how to submit comments 
through <a href="http://www.regulations.gov">www.regulations.gov</a>.
    EPCA requires the Attorney General to provide DOE a written 
determination of whether the proposed standard is likely to lessen 
competition. The U.S. Department of Justice Antitrust Division invites 
input from market participants and other interested persons with views 
on the likely competitive impact of the proposed standard. Interested 
persons may contact the Division at <a href="/cdn-cgi/l/email-protection#5f3a313a2d3826712c2b3e313b3e2d3b2c1f2a2c3b303571383029"><span class="__cf_email__" data-cfemail="1f7a717a6d7866316c6b7e717b7e6d7b6c5f6a6c7b707531787069">[email&#160;protected]</span></a> on or 
before the date specified in the DATES section. Please indicate in the 
``Subject'' line of your email the title and Docket Number of this 
proposed rulemaking.

FOR FURTHER INFORMATION CONTACT: Mr. Jeremy Dommu, U.S. Department of 
Energy, Office of Energy Efficiency and Renewable Energy, Building 
Technologies Office, EE-2J, 1000 Independence Avenue SW, Washington, DC 
20585-0121. Email: <a href="/cdn-cgi/l/email-protection#a6e7d6d6cacfc7c8c5c3f5d2c7c8c2c7d4c2d5f7d3c3d5d2cfc9c8d5e6c3c388c2c9c388c1c9d0"><span class="__cf_email__" data-cfemail="91d0e1e1fdf8f0fff2f4c2e5f0fff5f0e3f5e2c0e4f4e2e5f8feffe2d1f4f4bff5fef4bff6fee7">[email&#160;protected]</span></a>.
    Ms. Melanie Lampton, U.S. Department of Energy, Office of the 
General Counsel, GC-33, 1000 Independence Avenue SW, Washington, DC 
20585-0121. Telephone: (240) 751-5157. Email: 
<a href="/cdn-cgi/l/email-protection#bef3dbd2dfd0d7db90f2dfd3cecad1d0fed6cf90dad1db90d9d1c8"><span class="__cf_email__" data-cfemail="c18ca4ada0afa8a4ef8da0acb1b5aeaf81a9b0efa5aea4efa6aeb7">[email&#160;protected]</span></a>.
    For further information on how to submit a comment, review other 
public comments and the docket, or participate in the public meeting, 
contact the Appliance and Equipment Standards Program staff at (202) 
287-1445 or by email: <a href="/cdn-cgi/l/email-protection#b0f1c0c0dcd9d1ded3d5e3c4d1ded4d1c2d4c3e1c5d5c3c4d9dfdec3f0d5d59ed4dfd59ed7dfc6"><span class="__cf_email__" data-cfemail="f2b382829e9b939c9197a186939c9693809681a3879781869b9d9c81b29797dc969d97dc959d84">[email&#160;protected]</span></a>.

SUPPLEMENTARY INFORMATION:

Table of Contents

I. Synopsis of the Proposed Rule
    A. Benefits and Costs to Consumers
    B. Impact on Manufacturers
    C. National Benefits and Costs
    D. Conclusion
II. Introduction
    A. Authority
    B. Background
    1. Current Standards
    2. History of Standards Rulemaking for Battery Chargers
    3. Deviation From Appendix A
III. General Discussion
    A. General Comments
    B. Scope of Coverage
    C. Test Procedure
    D. Technological Feasibility
    1. General
    2. Maximum Technologically Feasible Levels
    E. Energy Savings
    1. Determination of Savings
    2. Significance of Savings
    F. Economic Justification
    1. Specific Criteria
    a. Economic Impact on Manufacturers and Consumers
    b. Savings in Operating Costs Compared to Increase in Price (LCC 
and PBP)
    c. Energy Savings
    d. Lessening of Utility or Performance of Products
    e. Impact of Any Lessening of Competition
    f. Need for National Energy Conservation
    g. Other Factors
    2. Rebuttable Presumption
IV. Methodology and Discussion of Related Comments
    A. Market and Technology Assessment
    1. Product Classes
    2. Technology Options
    B. Screening Analysis
    1. Screened-Out Technologies
    2. Remaining Technologies
    C. Engineering Analysis
    1. Efficiency Analysis
    a. Baseline Energy Use
    b. Higher Efficiency Levels
    2. Cost Analysis
    3. Cost-Efficiency Results

[[Page 16113]]

    D. Markups Analysis
    E. Energy Use Analysis
    F. Life-Cycle Cost and Payback Period Analysis
    1. Product Cost
    2. Annual Energy Consumption
    3. Energy Prices
    4. Product Lifetime
    5. Discount Rates
    6. Energy Efficiency Distribution in the No-New-Standards Case
    7. Payback Period Analysis
    G. Shipments Analysis
    H. National Impact Analysis
    1. Product Efficiency Trends
    2. National Energy Savings
    3. Net Present Value Analysis
    I. Consumer Subgroup Analysis
    J. Manufacturer Impact Analysis
    1. Overview
    2. Government Regulatory Impact Model and Key Inputs
    a. Manufacturer Production Costs
    b. Shipments Projections
    c. Product and Capital Conversion Costs
    d. Markup Scenarios
    3. Manufacturer Interviews
    K. Emissions Analysis
    1. Air Quality Regulations Incorporated in DOE's Analysis
    L. Monetizing Emissions Impacts
    1. Monetization of Greenhouse Gas Emissions
    a. Social Cost of Carbon
    b. Social Cost of Methane and Nitrous Oxide
    2. Monetization of Other Emissions Impacts
    M. Utility Impact Analysis
    N. Employment Impact Analysis
V. Analytical Results and Conclusions
    A. Trial Standard Levels
    B. Economic Justification and Energy Savings
    1. Economic Impacts on Individual Consumers
    a. Life-Cycle Cost and Payback Period
    b. Consumer Subgroup Analysis
    c. Rebuttable Presumption Payback
    2. Economic Impacts on Manufacturers
    a. Industry Cash Flow Analysis Results
    b. Direct Impacts on Employment
    c. Impacts on Manufacturing Capacity
    d. Impacts on Subgroups of Manufacturers
    e. Cumulative Regulatory Burden
    3. National Impact Analysis
    a. Significance of Energy Savings
    b. Net Present Value of Consumer Costs and Benefits
    c. Indirect Impacts on Employment
    4. Impact on Utility or Performance of Products
    5. Impact of Any Lessening of Competition
    6. Need of the Nation To Conserve Energy
    7. Other Factors
    8. Summary of Economic Impacts
    C. Conclusion
    1. Benefits and Burdens of TSLs Considered for Battery Chargers 
Standards
    2. Annualized Benefits and Costs of the Proposed Standards
    D. Reporting, Certification, and Sampling Plan
VI. Procedural Issues and Regulatory Review
    A. Review Under Executive Orders 12866 and 13563
    B. Review Under the Regulatory Flexibility Act
    1. Description of Reasons Why Action Is Being Considered
    2. Objectives of, and Legal Basis for, Rule
    3. Description on Estimated Number of Small Entities Regulated
    4. Description and Estimate of Compliance Requirements for Small 
Entities
    5. Duplication, Overlap, and Conflict With Other Rules and 
Regulations
    6. Significant Alternatives to the Rule
    C. Review Under the Paperwork Reduction Act
    D. Review Under the National Environmental Policy Act of 1969
    E. Review Under Executive Order 13132
    F. Review Under Executive Order 12988
    G. Review Under the Unfunded Mandates Reform Act of 1995
    H. Review Under the Treasury and General Government 
Appropriations Act, 1999
    I. Review Under Executive Order 12630
    J. Review Under the Treasury and General Government 
Appropriations Act, 2001
    K. Review Under Executive Order 13211
    L. Information Quality
VII. 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
    E. Issues on Which DOE Seeks Comment
VIII. Approval of the Office of the Secretary

I. Synopsis of the Proposed Rule

    The Energy Policy and Conservation Act, Public Law 94-163, 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 of EPCA established the Energy 
Conservation Program for Consumer Products Other Than Automobiles. (42 
U.S.C. 6291-6309) These products include battery chargers, the subject 
of this rulemaking.
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    \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.
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    Pursuant to 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)) EPCA also provides that not later 
than 6 years after issuance of any final rule establishing or amending 
a standard, DOE must publish either a notice of determination that 
standards for the product do not need to be amended, or a notice of 
proposed rulemaking including new proposed energy conservation 
standards (proceeding to a final rule, as appropriate). (42 U.S.C. 
6295(m))
    In accordance with these and other statutory provisions discussed 
in this document, DOE proposes new multi-metric energy conservation 
standards for battery chargers. The proposed standards, which are 
expressed in max active charge energy and max standby and off modes 
power values, are shown in Table I.1. These proposed standards, if 
adopted, would apply to all battery chargers listed in Table I.1 
manufactured in, or imported into, the United States starting on the 
date 2 years after the publication of the final rule for this 
rulemaking.

                     Table I.1--Proposed Energy Conservation Standards for Battery Chargers
----------------------------------------------------------------------------------------------------------------
                                                            Maximum active      Maximum standby
         Product class             Battery energy Ebatt     mode energy Ea      mode power Psb*   Off mode power
                                           (Wh)                  (Wh)                 (W)            Poff (W)
----------------------------------------------------------------------------------------------------------------
1a Fixed-Location Wireless.....  <=100..................  1.718 * Ebatt +     1.5...............               0
                                                           8.5.
1b Open-Placement Wireless.....  N/A....................  N/A...............  0.8 (Pnb only)....               0
2a Low-Energy..................  <=100..................  1.222 * Ebatt +     0.00098 * Ebatt +                0
                                                           4.980.              0.4.
2b Medium-Energy...............  100-1,000..............  1.367 * Ebatt + -
                                                           9.560.
2c High-Energy.................  >1,000.................  1.323 * Ebatt +
                                                           34.361.
----------------------------------------------------------------------------------------------------------------
* Standby mode power is the sum of no-battery mode power and maintenance mode power, unless noted otherwise.


[[Page 16114]]

A. Benefits and Costs to Consumers

    Table I.2 presents DOE's evaluation of the economic impacts of the 
proposed standards on consumers of battery chargers, as measured by the 
average life-cycle cost (``LCC'') savings and the simple payback period 
(``PBP'').\2\ The average LCC savings are positive or nearly zero for 
all product classes and the PBP is similar to or less than the average 
lifetime of battery chargers, which is estimated to range from 3.0 to 
10.0 years (see section IV.F of this document).
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    \2\ The average LCC savings refer to consumers that are affected 
by a standard and are measured relative to the efficiency 
distribution in the no-new-standards case, which depicts the market 
in the compliance year in the absence of new or amended standards 
(see section IV.F.6 of this document). The simple PBP, which is 
designed to compare specific efficiency levels, is measured relative 
to the baseline product (see section IV.C of this document).

     Table I.2--Impacts of Proposed Energy Conservation Standards on
                      Consumers of Battery Chargers
------------------------------------------------------------------------
                                            Average LCC   Simple payback
      Battery charger product class           savings         period
                                              (2021$)         (years)
------------------------------------------------------------------------
Fixed-Location Wireless Chargers........           -0.03             3.8
Open-Placement Wireless Chargers........            0.12             4.1
Low-Energy Wired Chargers...............            0.13             4.0
Medium-Energy Wired Chargers............            1.55             4.4
High-Energy Wired Chargers..............           14.32             1.5
------------------------------------------------------------------------

    DOE's analysis of the impacts of the proposed standards on 
consumers is described in section IV.F of this document.

B. Impact on Manufacturers

    The industry net present value (``INPV'') is the sum of the 
discounted cash flows to the industry from the base year through the 
end of the analysis period (2023-2056). Using a real discount rate of 
9.1 percent, DOE estimates that the INPV for manufacturers of battery 
charger applications in the case without amended standards is $78.9 
billion in 2021$. Under the proposed standards, the change in INPV is 
estimated to range from 4.6 percent to -0.3 percent, which is 
approximately -$3,659 million to -$214 million. To bring products into 
compliance with amended standards, it is estimated that the industry 
would incur total conversion costs of $398.2 million.
    DOE's analysis of the impacts of the proposed standards on 
manufacturers is described in section IV.J of this document. The 
analytic results of the manufacturer impact analysis (``MIA'') are 
presented in section V.B.2.

C. National Benefits and Costs \3\
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    \3\ All monetary values in this document are expressed in 2023 
dollars.
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    DOE's analyses indicate that the proposed energy conservation 
standards for battery chargers would save a significant amount of 
energy. Relative to the case without amended standards, the lifetime 
energy savings for battery chargers purchased in the 30-year period 
that begins in the anticipated year of compliance with the amended 
standards (2027-2056) amount to 1.2 quadrillion British thermal units 
(``Btu''), or quads.\4\ This represents a savings of 17.6 percent 
relative to the energy use of these products in the case without 
amended standards (referred to as the ``no-new-standards case'').
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    \4\ The quantity refers to full-fuel-cycle (``FFC'') energy 
savings. FFC energy savings includes the energy consumed in 
extracting, processing, and transporting primary fuels (i.e., coal, 
natural gas, petroleum fuels), and, thus, presents a more complete 
picture of the impacts of energy efficiency standards. For more 
information on the FFC metric, see section IV.H.1 of this document.
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    The cumulative net present value (``NPV'') of total consumer 
benefits of the proposed standards for battery chargers ranges from 
$3.7 billion (at a 7-percent discount rate) to $7.5 billion (at a 3-
percent discount rate). This NPV expresses the estimated total value of 
future operating-cost savings minus the estimated increased product 
costs for battery chargers purchased in 2027-2056.
    In addition, the proposed standards for battery chargers are 
projected to yield significant environmental benefits. DOE estimates 
that the proposed standards would result in cumulative emission 
reductions (over the same period as for energy savings) of 40 million 
metric tons (``Mt'') \5\ of carbon dioxide (``CO<INF>2</INF>''), 272 
thousand tons of methane (``CH<INF>4</INF>''), 0.42 thousand tons of 
nitrous oxide (``N<INF>2</INF>O''), 18 thousand tons of sulfur dioxide 
(``SO<INF>2</INF>''), 62 thousand tons of nitrogen oxides 
(``NO<INF>X</INF>''), and 0.11 tons of mercury (``Hg'').\6\
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    \5\ A metric ton is equivalent to 1.1 short tons. Results for 
emissions other than CO<INF>2</INF> are presented in short tons.
    \6\ DOE calculated emissions reductions relative to the no-new-
standards case, which reflects key assumptions in the Annual Energy 
Outlook 2022 (``AEO2022''). AEO2022 represents current federal and 
state legislation and final implementation of regulations as of the 
time of its preparation. See section IV.K of this document for 
further discussion of AEO2022 assumptions that effect air pollutant 
emissions.
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    DOE estimates the value of climate benefits from a reduction in 
greenhouse gases (GHG) using four different estimates of the social 
cost of CO<INF>2</INF> (``SC-CO<INF>2</INF>''), the social cost of 
methane (``SC-CH<INF>4</INF>''), and the social cost of nitrous oxide 
(``SC-N<INF>2</INF>O''). Together these represent the social cost of 
GHG (SC-GHG).\7\ DOE used interim SC-GHG values developed by an 
Interagency Working Group on the Social Cost of Greenhouse Gases 
(IWG).\8\ The derivation of these values is discussed in section IV.L. 
of this document. For presentational purposes, the climate benefits 
associated with the average SC-GHG at a 3-percent discount rate are 
estimated to be $2.1 billion. DOE does not have a single central SC-GHG 
point estimate and it emphasizes the importance and value of 
considering the

[[Page 16115]]

benefits calculated using all four sets of SC-GHG estimates.
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    \7\ 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. As reflected in 
this proposed rule, DOE has reverted to its approach prior to the 
injunction and presents monetized benefits where appropriate and 
permissible under law.
    \8\ See Interagency Working Group on Social Cost of Greenhouse 
Gases, Technical Support Document: Social Cost of Carbon, Methane, 
and Nitrous Oxide. Interim Estimates Under Executive Order 13990, 
Washington, DC, February 2021 (``February 2021 SC-GHG TSD''). 
<a href="http://www.whitehouse.gov/wp-content/uploads/2021/02/TechnicalSupportDocument_SocialCostofCarbonMethaneNitrousOxide.pdf">www.whitehouse.gov/wp-content/uploads/2021/02/TechnicalSupportDocument_SocialCostofCarbonMethaneNitrousOxide.pdf</a>.
---------------------------------------------------------------------------

    DOE estimated the monetary health benefits of SO<INF>2</INF> and 
NO<INF>X</INF> emissions reductions using benefit per ton estimates 
from the scientific literature, as discussed in section IV.L. of this 
document. DOE estimated the present value of the health benefits would 
be $1.8 billion using a 7-percent discount rate, and $3.8 billion using 
a 3-percent discount rate.\9\ DOE is currently only monetizing (for 
SO<INF>2</INF> and NO<INF>X</INF>) PM<INF>2.5</INF> precursor health 
benefits and (for NO<INF>X</INF>) ozone precursor health benefits, but 
will continue to assess the ability to monetize other effects such as 
health benefits from reductions in direct PM<INF>2.5</INF> emissions.
---------------------------------------------------------------------------

    \9\ DOE estimates the economic value of these emissions 
reductions resulting from the considered TSLs for the purpose of 
complying with the requirements of Executive Order 12866.
---------------------------------------------------------------------------

    Table I.3 summarizes the economic benefits and costs expected to 
result from the proposed standards for battery chargers. There are 
other important unquantified effects, including certain unquantified 
climate benefits, unquantified public health benefits from the 
reduction of toxic air pollutants and other emissions, unquantified 
energy security benefits, and distributional effects, among others.

  Table I.3--Summary of Economic Benefits and Costs of Proposed Energy
               Conservation Standards for Battery Chargers
                                 [TSL 2]
------------------------------------------------------------------------
                                                         Billion $2021
------------------------------------------------------------------------
                            3% discount rate
------------------------------------------------------------------------
Consumer Operating Cost Savings......................                9.0
Climate Benefits *...................................                2.1
Health Benefits **...................................                3.8
Total Benefits [dagger]..............................               15.0
Consumer Incremental Product Costs...................                1.4
Net Benefits.........................................               13.5
------------------------------------------------------------------------
                            7% discount rate
------------------------------------------------------------------------
Consumer Operating Cost Savings......................                4.6
Climate Benefits * (3% discount rate)................                2.1
Health Benefits **...................................                1.8
Total Benefits [dagger]..............................                8.6
Consumer Incremental Product Costs...................                0.9
Net Benefits.........................................                7.7
------------------------------------------------------------------------
Note: This table presents the costs and benefits associated with product
  name shipped in 2027-2056. These results include benefits to consumers
  which accrue after 2056 from the products shipped in 2027-2056.
* Climate benefits are calculated using four different estimates of the
  social cost of carbon (SC-CO2), methane (SC-CH4), and nitrous oxide
  (SC-N2O) (model average at 2.5 percent, 3 percent, and 5 percent
  discount rates; 95th percentile at 3 percent discount rate) (see
  section IV.L of this NOPR). Together these represent the global SC-
  GHG. For presentational purposes of this table, the climate benefits
  associated with the average SC-GHG at a 3 percent discount rate are
  shown, but DOE does not have a single central SC-GHG point estimate.
  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. As reflected in this proposed rule,
  DOE has reverted to its approach prior to the injunction and presents
  monetized benefits where appropriate and permissible under law.
** Health benefits are calculated using benefit-per-ton values for NOX
  and SO2. DOE is currently only monetizing (for SO2 and NOX) PM2.5
  precursor health benefits and (for NOX) ozone precursor health
  benefits, but will continue to assess the ability to monetize other
  effects such as health benefits from reductions in direct PM2.5
  emissions. See section IV.L of this document for more details.
[dagger] Total and net benefits include those consumer, climate, and
  health benefits that can be quantified and monetized. For presentation
  purposes, total and net benefits for both the 3-percent and 7-percent
  cases are presented using the average SC-GHG with 3-percent discount
  rate, but DOE does not have a single central SC-GHG point estimate.
  DOE emphasizes the importance and value of considering the benefits
  calculated using all four sets of SC-GHG estimates.

    The benefits and costs of the proposed standards can also be 
expressed in terms of annualized values. The monetary values for the 
total annualized net benefits are (1) the reduced consumer operating 
costs, minus (2) the increase in product purchase prices and 
installation costs, plus (3) the value of climate and health benefits 
of emission reductions, all annualized.\10\
---------------------------------------------------------------------------

    \10\ To convert the time-series of costs and benefits into 
annualized values, DOE calculated a present value in 2023, the year 
used for discounting the NPV of total consumer costs and savings. 
For the benefits, DOE calculated a present value associated with 
each year's shipments in the year in which the shipments occur 
(e.g., 2030), and then discounted the present value from each year 
to 2023. Using the present value, DOE then calculated the fixed 
annual payment over a 30-year period, starting in the compliance 
year, that yields the same present value.
---------------------------------------------------------------------------

    The national operating savings are domestic private U.S. consumer 
monetary savings that occur as a result of purchasing the covered 
products and are measured for the lifetime of battery chargers shipped 
in 2027-2056. The benefits associated with reduced emissions achieved 
as a result of the proposed standards are also calculated based on the 
lifetime of battery chargers shipped in 2027-2056. Total benefits for 
both the 3-percent and 7-percent cases are presented using the average 
GHG social costs with 3-percent discount rate. Estimates of SC-GHG 
values are presented for all four discount rates in section IV.L of 
this document.
    Using a 7-percent discount rate for consumer benefits and costs and 
health benefits from reduced NO<INF>X</INF> and SO<INF>2</INF> 
emissions, and the 3-percent discount rate case for climate benefits 
from

[[Page 16116]]

reduced GHG emissions, the estimated cost of the standards proposed in 
this rule is $89 million per year in increased equipment costs, while 
the estimated annual benefits are $457 million in reduced equipment 
operating costs, $120 million in climate benefits, and $178 million in 
health benefits. In this case. The net benefit would amount to $665 
million per year.
    Using a 3-percent discount rate for all benefits and costs, the 
estimated cost of the proposed standards is $81 million per year in 
increased equipment costs, while the estimated annual benefits are $500 
million in reduced operating costs, $120 million in climate benefits, 
and $215 million in health benefits. In this case, the net benefit 
would amount to $754 million per year.
    Table I.4 presents the total estimated monetized benefits and costs 
associated with the proposed standard, expressed in terms of annualized 
values. The results under the primary estimate are as follows.
    Using a 7-percent discount rate for consumer benefits and costs and 
health benefits from reduced NO<INF>X</INF> and SO<INF>2</INF> 
emissions, and the 3-percent discount rate case for climate benefits 
from reduced GHG emissions, the estimated cost of the standards 
proposed in this rule is $89 million per year in increased equipment 
costs, while the estimated annual benefits are $457 million in reduced 
equipment operating costs, $120 million in climate benefits, and $178 
million in health benefits. In this case. The net benefit would amount 
to $665 million per year.
    Using a 3-percent discount rate for all benefits and costs, the 
estimated cost of the proposed standards is $81 million per year in 
increased equipment costs, while the estimated annual benefits are $500 
million in reduced operating costs, $120 million in climate benefits, 
and $215 million in health benefits. In this case, the net benefit 
would amount to $754 million per year.

     Table I.4--Annualized Benefits and Costs of Proposed Energy Conservation Standards for Battery Chargers
                                                     [TSL 2]
----------------------------------------------------------------------------------------------------------------
                                                                                Million 2021$/year
                                                                 -----------------------------------------------
                                                                                     Low-net-        High-net-
                                                                      Primary        benefits        benefits
                                                                     estimate        estimate        estimate
----------------------------------------------------------------------------------------------------------------
                                3% discount rate
----------------------------------------------------------------------------------------------------------------
Consumer Operating Cost Savings.................................             500             487             516
Climate Benefits *..............................................             120             120             120
Health Benefits **..............................................             215             215             215
Total Benefits [dagger].........................................             834             821             850
Consumer Incremental Product Costs..............................              81              90              71
Net Benefits....................................................             754             731             779
----------------------------------------------------------------------------------------------------------------
                                7% discount rate
----------------------------------------------------------------------------------------------------------------
Consumer Operating Cost Savings.................................             457             447             469
Climate Benefits * (3% discount rate)...........................             120             120             120
Health Benefits **..............................................             178             178             178
Total Benefits [dagger].........................................             754             744             766
Consumer Incremental Product Costs..............................              89              98              79
Net Benefits....................................................             665             646             687
----------------------------------------------------------------------------------------------------------------
Note: This table presents the costs and benefits associated with battery chargers shipped in 2027-2056. These
  results include benefits to consumers which accrue after 2056 from the products shipped in 2027-2056. The
  Primary, Low Net Benefits, and High Net Benefits Estimates utilize projections of energy prices from the
  AEO2022 Reference case, Low Economic Growth case, and High Economic Growth case, respectively. In addition,
  incremental equipment costs reflect a medium decline rate in the Primary Estimate, a low decline rate in the
  Low Net Benefits Estimate, and a high decline rate in the High Net Benefits Estimate. Note that the Benefits
  and Costs may not sum to the Net Benefits due to rounding.
* Climate benefits are calculated using four different estimates of the global SC-GHG (see section IV.L of this
  NOPR). For presentational purposes of this table, the climate benefits associated with the average SC-GHG at a
  3 percent discount rate are shown, but the Department does not have a single central SC-GHG point estimate,
  and it emphasizes the importance and value of considering the benefits calculated using all four sets of SC-
  GHG estimates. 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. As
  reflected in this proposed rule, DOE has reverted to its approach prior to the injunction and presents
  monetized benefits where appropriate and permissible under law.
** Health benefits are calculated using benefit-per-ton values for NOX and SO2. DOE is currently only monetizing
  (for SO2 and NOX) PM2.5 precursor health benefits and (for NOX) ozone precursor health benefits, but will
  continue to assess the ability to monetize other effects such as health benefits from reductions in direct
  PM2.5 emissions. See section IV.L of this document for more details.
[dagger] Total benefits for both the 3-percent and 7-percent cases are presented using the average SC-GHG with 3-
  percent discount rate, but the Department does not have a single central SC-GHG point estimate.

    DOE's analysis of the national impacts of the proposed standards is 
described in sections IV.H, IV.K, and IV.L of this document.

D. Conclusion

    DOE has tentatively concluded that the proposed standards represent 
the maximum improvement in energy efficiency that is technologically 
feasible and economically justified, and would result in the 
significant conservation of energy. Specifically, with regards to 
technological feasibility products achieving these standard levels are 
already commercially available for

[[Page 16117]]

all product classes covered by this proposal. As for economic 
justification, DOE's analysis shows that the benefits of the proposed 
standard exceed, to a great extent, the burdens of the proposed 
standards.
    Using a 7-percent discount rate for consumer benefits and costs and 
NO<INF>X</INF> and SO<INF>2</INF> reduction benefits, and a 3-percent 
discount rate case for GHG social costs, the estimated cost of the 
proposed standards for battery chargers is $89 million per year in 
increased battery charger costs, while the estimated annual benefits 
are $457 million in reduced battery charger operating costs, $120 
million in climate benefits and $178 million in health benefits. The 
net benefit amounts to $665 million per year.
    The significance of energy savings is evaluated by DOE on a case-
by-case basis considering the specific circumstances surrounding a 
specific rulemaking. The standards are projected to result in estimated 
national energy savings of 1.2 quad FFC. DOE has initially determined 
the energy savings that would result from the proposed standard levels 
are ``significant'' within the meaning of 42 U.S.C. 6295(o)(3)(B). A 
more detailed discussion of the basis for these tentative conclusions 
is contained in the remainder of this document and the accompanying 
TSD.
    DOE also considered more-stringent energy efficiency levels as 
potential standards, and is still considering them in this rulemaking. 
However, DOE has tentatively concluded that the potential burdens of 
the more-stringent energy efficiency levels would outweigh the 
projected benefits.
    Based on consideration of the public comments DOE receives in 
response to this document and related information collected and 
analyzed during the course of this rulemaking effort, DOE may adopt 
energy efficiency levels presented in this document that are either 
higher or lower than the proposed standards, or some combination of 
level(s) that incorporate the proposed standards in part.

II. Introduction

    The following section briefly discusses the statutory authority 
underlying this proposed rule, as well as some of the relevant 
historical background related to the establishment of standards for 
battery chargers.

A. Authority

    EPCA authorizes DOE to regulate the energy efficiency of a number 
of consumer products and certain industrial equipment. Title III, Part 
B of EPCA established the Energy Conservation Program for Consumer 
Products Other Than Automobiles. These products include battery 
chargers, the subject of this document. (42 U.S.C. 6291(32); 42 U.S.C. 
6292(a)(20)) EPCA directed DOE to issue a final rule that prescribes 
energy conservation standards for battery chargers or classes of 
battery charges or to determine that no energy conservation standard is 
technically feasible or economically justified. 42 U.S.C. 
6295(u)(1)(E)(i)(II) 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 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)(1))
    The energy conservation program under EPCA consists essentially of 
four parts: (1) testing, (2) labeling, (3) the establishment of Federal 
energy conservation standards, and (4) certification and enforcement 
procedures. Relevant provisions of EPCA specifically include 
definitions (42 U.S.C. 6291), test procedures (42 U.S.C. 6293), 
labeling provisions (42 U.S.C. 6294), energy conservation standards (42 
U.S.C. 6295), and the authority to require information and reports from 
manufacturers (42 U.S.C. 6296).
    Federal energy efficiency requirements for covered products 
established under EPCA generally supersede State laws and regulations 
concerning energy conservation testing, labeling, and standards. (42 
U.S.C. 6297(a)-(c)) DOE may, however, grant waivers of Federal 
preemption for particular State laws or regulations, in accordance with 
the procedures and other provisions set forth under EPCA. (See 42 
U.S.C. 6297(d))
    Subject to certain criteria and conditions, DOE is required to 
develop test procedures to measure the energy efficiency, energy use, 
or estimated annual operating cost of each covered product. (42 U.S.C. 
6295(o)(3)(A) and 42 U.S.C. 6295(r)) Manufacturers of covered products 
must use the prescribed DOE test procedure as the basis for certifying 
to DOE that their products comply with the applicable energy 
conservation standards adopted under EPCA and when making 
representations to the public regarding the energy use or efficiency of 
those products. (42 U.S.C. 6293(c) and 42 U.S.C. 6295(s)) Similarly, 
DOE must use these test procedures to determine whether the products 
comply with standards adopted pursuant to EPCA. (42 U.S.C. 6295(s)) The 
DOE test procedures for battery chargers appear at title 10 of the Code 
of Federal Regulations (``CFR'') part 430, subpart B, appendix Y and 
appendix Y1.
    DOE must follow specific statutory criteria for prescribing new or 
amended standards for covered products, including battery chargers. Any 
new or amended standard for a covered product must be designed to 
achieve the maximum improvement in energy efficiency that the Secretary 
of Energy determines is technologically feasible and economically 
justified. (42 U.S.C. 6295(o)(2)(A) and 42 U.S.C. 6295(o)(3)(B)) 
Furthermore, DOE may not adopt any standard that would not result in 
the significant conservation of energy. (42 U.S.C. 6295(o)(3))
    Moreover, DOE may not prescribe a standard: (1) for certain 
products, including battery chargers, if no test procedure has been 
established for the product, or (2) if DOE determines by rule that the 
standard is not technologically feasible or economically justified. (42 
U.S.C. 6295(o)(3)(A)-(B)) In deciding whether a proposed standard is 
economically justified, DOE must determine whether the benefits of the 
standard exceed its burdens. (42 U.S.C. 6295(o)(2)(B)(i)) DOE must make 
this determination after receiving comments on the proposed standard, 
and by considering, to the greatest extent practicable, the following 
seven statutory factors:
    (1) The economic impact of the standard on 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 imposition of the 
standard;
    (3) The total projected amount of energy (or as applicable, water) 
savings likely to result directly from the imposition of the standard;
    (4) Any lessening of the utility or the performance of the covered 
products likely to result from the imposition of 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 
imposition of 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))

[[Page 16118]]

    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))
    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 battery chargers 
address standby mode and off mode energy use. In this rulemaking, DOE 
intends to incorporate such energy use into any amended energy 
conservation standards that it may adopt.

B. Background

1. Current Standards
    In a final rule published on June 13, 2016 (``June 2016 Final 
Rule''), DOE prescribed the current energy conservation standards for 
battery chargers manufactured on and after June 13, 2018. 81 FR 38266. 
These standards are set forth in DOE's regulations at 10 CFR 430.32(z) 
and are summarized in Table II.1.

  Table II.1--Current Federal Energy Conservation Standards for Battery
                                Chargers
------------------------------------------------------------------------
                                                         Maximum unit of
                                                             energy
         Product class              Battery charger        consumption
                                    classification       (UEC) *  (kWh/
                                                              year)
------------------------------------------------------------------------
1.............................  Low-energy inductive    3.04.
                                 battery chargers to
                                 be used in wet
                                 environment with
                                 associated battery
                                 energy of less than
                                 or equal to 5 watt-
                                 hours (Wh).
2.............................  Low-energy, low-        0.1440 * Ebatt +
                                 voltage battery         2.95.
                                 chargers with
                                 associated battery
                                 energy of less than
                                 100Wh, and battery
                                 voltage of less than
                                 4 volts (V).
3.............................  Low-energy, medium-     For Ebatt <
                                 voltage battery         10Wh, 1.42;
                                 chargers with          For Ebatt >=
                                 associated battery      10Wh,
                                 energy of less than    0.0255 * Ebatt +
                                 100Wh, and battery      1.16.
                                 voltage of 4V to 10V.
4.............................  Low-energy, high-       0.11 * Ebatt +
                                 voltage battery         3.18.
                                 chargers with
                                 associated battery
                                 energy of less than
                                 100Wh, and battery
                                 voltage of more than
                                 10V.
5.............................  Medium-energy, low-     0.0257 * Ebatt +
                                 voltage battery         0.815.
                                 chargers with
                                 associated battery
                                 energy of 100Wh to
                                 3,000Wh, and battery
                                 voltage of less than
                                 20V.
6.............................  Medium-energy, high-    0.0778 * Ebatt +
                                 voltage battery         2.4.
                                 chargers with
                                 associated battery
                                 energy of 100Wh to
                                 3,000Wh, and battery
                                 voltage of higher
                                 than or equal to 20V.
7.............................  High-energy battery     0.0502 * Ebatt +
                                 chargers with           4.53.
                                 associated battery
                                 energy of more than
                                 3,000Wh.
------------------------------------------------------------------------
* Maximum UEC is expressed as a function of representative battery
  energy (Ebatt).

2. History of Standards Rulemaking for Battery Chargers
    On September 16, 2020, DOE published notice that it was initiating 
an early assessment 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 battery chargers and a request 
for information (``RFI''). 85 FR 57787 (``September 2020 Early 
Assessment Review RFI''). 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.
    Subsequently, DOE published a preliminary analysis on March 3, 2022 
(``March 2022 Preliminary Analysis'') to respond to comments pertaining 
to the September 2020 Early Assessment Review RFI, and presented 
preliminary engineering analyses based on a multi-metric approach that 
independently measures active mode, standby mode, and off mode energy 
use metrics. 87 FR 11990. DOE conducted in-depth technical analyses in 
the following

[[Page 16119]]

areas: (1) engineering; (2) markups to determine product price; (3) 
energy use; (4) LCC'' and ``PBP''; and (5) national impacts. The 
preliminary TSD that presents the methodology and results of each of 
these analyses is available at <a href="https://www.regulations.gov/docket/EERE-2020-BT-STD-0013">https://www.regulations.gov/docket/EERE-2020-BT-STD-0013</a>.
    DOE received comments in response to the March 2022 Preliminary 
Analysis from the interested parties listed in Table II.2.

                          Table II.2--March 2022 Preliminary Analysis Written Comments
----------------------------------------------------------------------------------------------------------------
                                                                      Comment number
              Commenter(s)                       Abbreviation          in the docket        Commenter type
----------------------------------------------------------------------------------------------------------------
UL Solutions............................  UL........................              11  Efficiency Organization.
Northwest Energy Efficiency Alliance....  NEEA......................              16  Efficiency Organization.
Association of Home Appliance             Joint Trade Associations..              17  Trade Association.
 Manufacturers; Consumer Technology
 Association; Information Technology
 Industry Council; National Electrical
 Manufacturers Association; Outdoor
 Power Equipment Institute; Power Tool
 Institute.
Pacific Gas and Electric Company; San     CA IOUs...................              18  Utility Association.
 Diego Gas & Electric Company; Southern
 California Edison.
Appliance Standards Awareness Project;    Joint Efficiency Advocates              19  Efficiency Organization.
 American Council for an Energy-
 Efficiency Economy; Consumer Federation
 of America; New York State Energy
 Research and Development Authority.
Delta-Q Technologies....................  Delta-Q...................              20  Manufacturer.
----------------------------------------------------------------------------------------------------------------

    A parenthetical reference at the end of a comment quotation or 
paraphrase provides the location of the item in the public record.\11\ 
To the extent that interested parties have provided written comments 
that are substantively consistent with any oral comments provided 
during the April 2022 public meeting, DOE cites the written comments 
throughout this document. Any oral comments provided during the webinar 
that are not substantively addressed by written comments are summarized 
and cited separately throughout this document.
---------------------------------------------------------------------------

    \11\ The parenthetical reference provides a reference for 
information located in the docket of DOE's rulemaking to develop 
energy conservation standards for battery chargers. (Docket No. 
EERE-2020-BT-STD-0013, which is maintained at <a href="http://www.regulations.gov">www.regulations.gov</a>). 
The references are arranged as follows: (commenter name, comment 
docket ID number, page of that document).
---------------------------------------------------------------------------

3. 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 NOPR stages for an energy 
conservation standards rulemaking. Section 6(f)(2) of appendix A 
specifies that the length of the public comment period for a NOPR will 
not be less than 75 calendar days. For this NOPR, DOE has opted to 
instead provide a 60-day comment period. DOE requested comment in the 
March 2022 Preliminary Analysis on the technical and economic analyses 
and provided stakeholders with a 60-day comment period. 87 FR 11990. 
DOE has relied on many of the same analytical assumptions and 
approaches as used in the preliminary assessment and has determined 
that a 60-day comment period in conjunction with the prior comment 
periods provides sufficient time for interested parties to review the 
proposed rule and develop comments.

III. General Discussion

    DOE developed this proposal after considering oral and written 
comments, data, and information from interested parties that represent 
a variety of interests. The following discussion addresses issues 
raised by these commenters.

A. General Comments

    This section summarizes general comments received from interested 
parties regarding rulemaking timing and process.
    In response to the March 2022 Preliminary Analysis, Joint Trade 
Associations commented that DOE's process for this rulemaking 
undermines the value of early stakeholder engagement because: (1) DOE 
developed the preliminary analysis based on a proposed test procedure 
rather than a finalized one; and (2) DOE has provided a shortened 
comment period on the preliminary analysis that overlaps with the 
comment period for the external power supply (``EPS'') preliminary 
analysis as well as a preliminary analysis on amended standards for 
electric motors, both of which impact many of the same manufacturers as 
the ones for battery chargers. (Joint Trade Associations, No. 17 at pp. 
2-3) The Joint Trade Associations further commented that the proposed 
test procedure has drawn serious concerns from several commenters, and 
it would be flawed without addressing opposing comments. The Joint 
Trade Associations also suggested that amended standards would not be 
justified regardless of whether the standards were analyzed using 
either the current test procedure or the recently finalized new test 
procedure in appendix Y1 and that, as a result, DOE should issue a 
notice of proposed determination not to amend battery charger 
standards. (Joint Trade Associations, No. 17 at p. 4)
    DOE reiterates that the preliminary analysis was intended to 
provide stakeholders with an opportunity to comment on the various 
methodologies DOE intended to use in the NOPR. DOE again notes that the 
preliminary analysis results should not be relied upon to assess 
whether amended standards for battery chargers are justified. In 
addition, by conducting the March 2022 Preliminary Analysis with the 
proposed test procedure, DOE gave stakeholders an early preview of what 
the new multi-metric standards may potentially look like, allowing 
stakeholders enough time to review and comment on potential issues with 
DOE's approach and results. DOE notes that there were concerns and 
potential test burdens associated with the original proposed test 
procedure; however, these issues have been addressed in the test 
procedure final rule published in September 2022 (``September 2022 Test 
Procedure Final Rule''). 87 FR 55090. As such, unless otherwise noted, 
test results used in support of this NOPR were measured using the 
multi-metric test procedure as finalized in the September 2022 Test 
Procedure Final Rule. DOE further notes that because the finalized test 
procedure adopts the multi-metric approach, the current integrated UEC 
standards would

[[Page 16120]]

no longer be applicable to test results under the new test procedure. 
As such, even if DOE were to hold the multi-metric standards at the 
same level as the current UEC standards, DOE would still need to amend 
the current standards to translate them to the multi-metric one. DOE 
understands that the Joint Trade Associations are concerned that 
amended standards might not be justified, based on results from the 
preliminary analysis. However, DOE has expanded its analysis further in 
the NOPR stage and has more robust results that indicate amended 
standards can result in significant conservation of energy. These 
results are further discussed in section V of this NOPR document.
    With regards to a shortened comment period, DOE believes the 60-day 
comment period was sufficient for reviewing the methodologies and 
results presented. However, DOE did not receive any comment period 
extension requests from any stakeholder during the preliminary analysis 
comment period.
    NEEA stated its general support for several aspects of the 
preliminary TSD, including the general framework and approach to 
battery charger efficiency metrics and standards levels, active 
candidate standard levels (CSLs) that are continuous across product 
class boundaries, the approach to translate current compliance 
certification data (CCD) to active mode by subtracting 5 hours of 
battery maintenance power from the total charge and maintenance energy 
measurement, and the technology neutral definition of wireless 
charging. (NEEA, No. 16 at p. 5) DOE appreciates NEEA's general support 
on these aspects of DOE's battery charger rulemaking.

B. Scope of Coverage

    This NOPR covers those consumer products that meet the definition 
of ``battery chargers,'' which are devices that charge batteries for 
consumer products, including battery chargers embedded in other 
consumer products. 10 CFR 430.2. (See also 42 U.S.C. 6291(32)) A 
battery charger may be wholly embedded in another consumer product, 
partially embedded in another consumer product, or wholly separate from 
another consumer product. Currently under the test procedure at 
appendix Y, only consumer wired chargers and wet environment wireless 
inductive chargers designed for battery energies of no more than 5 
watt-hours are covered battery charger product classes.
    In the September 2022 Test Procedure Final Rule, DOE expanded the 
battery charger test procedure coverage to cover all fixed-location 
wireless chargers in all modes of operation, and open-placement 
wireless chargers in no-battery mode only. 87 FR 55090, 55095-55098. As 
such, in this NOPR, DOE is proposing to expand the scope of battery 
energy conservation standards to cover these fixed-location and open-
placement wireless chargers in separate product classes.
    See section IV.A.1 of this document for discussion of the product 
classes analyzed in this NOPR.

C. Test Procedure

    EPCA sets forth generally applicable criteria and procedures for 
DOE's adoption and amendment of test procedures. (42 U.S.C. 6293) 
Manufacturers of covered products must use these test procedures to 
certify to DOE that their product complies with energy conservation 
standards and to quantify the efficiency of their product. As stated, 
currently, only consumer wired chargers and wet environment wireless 
inductive chargers designed for batteries with energies of no more than 
5 watt-hours are covered under the test procedure scope at 10 CFR part 
430, subpart B, appendix Y. However, on September 8, 2022, DOE 
published a test procedure final rule that expanded the battery charger 
test procedure coverage to cover all fixed-location and open-placement 
wireless chargers, and adopted the multi-metric test procedure 
approach, where each mode of operation is independently regulated, thus 
making usage profiles no longer required. 87 FR 55090, 55092-55093. 
This new test procedure is in the separate appendix Y1, and 
manufacturers will be required to use results of testing under the new 
test procedure to determine compliance with amended energy conservation 
standards.

D. Technological Feasibility

1. General
    In each energy conservation standards rulemaking, DOE conducts a 
screening analysis based on information gathered on all current 
technology options and prototype designs that could improve the 
efficiency of the products or equipment that are the subject of the 
rulemaking. As the first step in such an analysis, DOE develops a list 
of technology options for consideration in consultation with 
manufacturers, design engineers, and other interested parties. DOE then 
determines which of those means for improving efficiency are 
technologically feasible. DOE considers technologies incorporated in 
commercially-available products or in working prototypes to be 
technologically feasible. Sections 6(b)(3)(i) and 7(b)(1) of appendix A 
to 10 CFR part 430 subpart C (``Process Rule'').
    After DOE has determined that particular technology options are 
technologically feasible, it further evaluates each technology option 
in light of the following additional screening criteria: (1) 
practicability to manufacture, install, and service; (2) adverse 
impacts on product utility or availability; (3) adverse impacts on 
health or safety, and (4) unique-pathway proprietary technologies. 
Sections 6(b)(3)(ii)-(v) and 7(b)(2)-(5) of the Process Rule. Section 
IV.B of this document discusses the results of the screening analysis 
for battery chargers, particularly the designs DOE considered, those it 
screened out, and those that are the basis for the standards considered 
in this rulemaking. For further details on the screening analysis for 
this rulemaking, see chapter 4 of the NOPR technical support document 
(``TSD'').
2. Maximum Technologically Feasible Levels
    When DOE proposes to adopt an amended standard for a type or class 
of covered product, it must determine the maximum improvement in energy 
efficiency or maximum reduction in energy use that is technologically 
feasible for such product. (42 U.S.C. 6295(p)(1)) Accordingly, in the 
engineering analysis, DOE determined the maximum technologically 
feasible (``max-tech'') improvements in energy efficiency for battery 
chargers, using the design parameters for the most efficient products 
available on the market or in working prototypes. The max-tech levels 
that DOE determined for this rulemaking are described in section IV.C 
of this proposed rule and in chapter 5 of the NOPR TSD.

E. Energy Savings

1. Determination of Savings
    For each trial standard level (``TSL''), DOE projected energy 
savings from application of the TSL to battery chargers purchased in 
the 30-year period that begins in the year of compliance with the 
proposed standards (2027-2056).\12\ The savings are measured over the 
entire lifetime of

[[Page 16121]]

battery chargers purchased in the previous 30-year period. DOE 
quantified the energy savings attributable to each TSL as the 
difference in energy consumption between each standards case and the 
no-new-standards case. The no-new-standards case represents a 
projection of energy consumption that reflects how the market for a 
product would likely evolve in the absence of amended energy 
conservation standards.
---------------------------------------------------------------------------

    \12\ Each TSL is composed of specific efficiency levels for each 
product class. The TSLs considered for this NOPR are described in 
section V.A of this document. DOE conducted a sensitivity analysis 
that considers impacts for products shipped in a 9-year period.
---------------------------------------------------------------------------

    DOE used its national impact analysis (``NIA'') spreadsheet model 
to estimate national energy savings (``NES'') from potential amended or 
new standards for battery chargers. The NIA spreadsheet model 
(described in section IV.H of this document) calculates energy savings 
in terms of site energy, which is the energy directly consumed by 
products at the locations where they are used. For electricity, DOE 
reports national energy savings in terms of primary energy savings, 
which is the savings in the energy that is used to generate and 
transmit the site electricity. For natural gas, the primary energy 
savings are considered to be equal to the site energy savings. DOE also 
calculates NES in terms of FFC energy savings. The FFC metric includes 
the energy consumed in extracting, processing, and transporting primary 
fuels (i.e., coal, natural gas, petroleum fuels), and thus presents a 
more complete picture of the impacts of energy conservation 
standards.\13\ DOE's approach is based on the calculation of an FFC 
multiplier for each of the energy types used by covered products or 
equipment. For more information on FFC energy savings, see section 
IV.H.1 of this document.
---------------------------------------------------------------------------

    \13\ The FFC metric is discussed in DOE's statement of policy 
and notice of policy amendment. 76 FR 51282 (Aug. 18, 2011), as 
amended at 77 FR 49701 (Aug. 17, 2012).
---------------------------------------------------------------------------

2. Significance of Savings
    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))
    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.\14\ For 
example, 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 of energy savings, DOE considers differences in primary 
energy and 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.
---------------------------------------------------------------------------

    \14\ The numeric threshold for determining the significance of 
energy savings established in a final rule published on February 14, 
2020 (85 FR 8626, 8670), was subsequently eliminated in a final rule 
published on December 13, 2021 (86 FR 70892).
---------------------------------------------------------------------------

    Accordingly, DOE evaluates the significance of energy savings on a 
case-by-case basis, taking into account the significance of cumulative 
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 from the 
proposed standard levels at TSL 2 are ``significant'' within the 
meaning of 42 U.S.C. 6295(o)(3)(B).

F. Economic Justification

1. Specific Criteria
    As noted previously, EPCA provides seven factors to be evaluated in 
determining whether a potential energy conservation standard is 
economically justified. (42 U.S.C. 6295(o)(2)(B)(i)(I)-(VII)) The 
following sections discuss how DOE has addressed each of those seven 
factors in this rulemaking.
a. Economic Impact on Manufacturers and Consumers
    In determining the impacts of a potential amended standard on 
manufacturers, DOE conducts an MIA, as discussed in section IV.J of 
this document. DOE first uses an annual cash-flow approach to determine 
the quantitative impacts. This step includes both a short-term 
assessment--based on the cost and capital requirements during the 
period between when a regulation is issued and when entities must 
comply with the regulation--and a long-term assessment over a 30-year 
period. The industry-wide impacts analyzed include (1) INPV, which 
values the industry on the basis of expected future cash flows, (2) 
cash flows by year, (3) changes in revenue and income, and (4) other 
measures of impact, as appropriate. Second, DOE analyzes and reports 
the impacts on different types of manufacturers, including impacts on 
small manufacturers. Third, DOE considers the impact of standards on 
domestic manufacturer employment and manufacturing capacity, as well as 
the potential for standards to result in plant closures and loss of 
capital investment. Finally, DOE takes into account cumulative impacts 
of various DOE regulations and other regulatory requirements on 
manufacturers.
    For individual consumers, measures of economic impact include the 
changes in LCC and PBP associated with new or amended standards. These 
measures are discussed further in the following section. For consumers 
in the aggregate, DOE also calculates the national net present value of 
the consumer costs and benefits expected to result from particular 
standards. DOE also evaluates the impacts of potential standards on 
identifiable subgroups of consumers that may be affected 
disproportionately by a standard.
b. Savings in Operating Costs Compared to Increase in Price (LCC and 
PBP)
    EPCA requires DOE to consider the savings in operating costs 
throughout the estimated average life of the covered product in the 
type (or class) compared to any increase in the price of, or in the 
initial charges for, or maintenance expenses of, the covered product 
that are likely to result from a standard. (42 U.S.C. 
6295(o)(2)(B)(i)(II)) DOE conducts this comparison in its LCC and PBP 
analysis.
    The LCC is the sum of the purchase price of a product (including 
its installation) and the operating expense (including energy, 
maintenance, and repair expenditures) discounted over the lifetime of 
the product. The LCC analysis requires a variety of inputs, such as 
product prices, product energy consumption, energy prices, maintenance 
and repair costs, product lifetime, and discount rates appropriate for 
consumers. To account for uncertainty and variability in specific 
inputs, such as product lifetime and discount rate, DOE uses a 
distribution of values, with probabilities attached to each value.
    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 
due to a more-stringent standard by the change in annual operating cost 
for the year that standards are assumed to take effect.
    For its LCC and PBP analysis, DOE assumes that consumers will 
purchase the covered products in the first year of compliance with new 
or amended standards. The LCC savings for the

[[Page 16122]]

considered efficiency levels are calculated relative to the case that 
reflects projected market trends in the absence of new or amended 
standards. DOE's LCC and PBP analysis is discussed in further detail in 
section IV.F of this document.
c. Energy Savings
    Although significant conservation of energy is a separate statutory 
requirement for adopting an energy conservation standard, EPCA requires 
DOE, in determining the economic justification of a standard, to 
consider the total projected energy savings that are expected to result 
directly from the standard. (42 U.S.C. 6295(o)(2)(B)(i)(III)) As 
discussed in section III.E, DOE uses the NIA spreadsheet models to 
project national energy savings.
d. Lessening of Utility or Performance of Products
    In establishing product classes and in evaluating design options 
and the impact of potential standard levels, DOE evaluates potential 
standards that would not lessen the utility or performance of the 
considered products. (42 U.S.C. 6295(o)(2)(B)(i)(IV)) Based on data 
available to DOE, the standards proposed in this document would not 
reduce the utility or performance of the products under consideration 
in this rulemaking.
e. Impact of Any Lessening of Competition
    EPCA directs DOE to consider the impact of any lessening of 
competition, as determined in writing by the Attorney General, that is 
likely to result from a proposed standard. (42 U.S.C. 
6295(o)(2)(B)(i)(V)) It also directs the Attorney General to determine 
the impact, if any, of any lessening of competition likely to result 
from a proposed standard and to transmit such determination to the 
Secretary within 60 days of the publication of a proposed rule, 
together with an analysis of the nature and extent of the impact. (42 
U.S.C. 6295(o)(2)(B)(ii)) DOE will transmit a copy of this proposed 
rule to the Attorney General with a request that the Department of 
Justice (``DOJ'') provide its determination on this issue. DOE will 
publish and respond to the Attorney General's determination in the 
final rule. DOE invites comment from the public regarding the 
competitive impacts that are likely to result from this proposed rule. 
In addition, stakeholders may also provide comments separately to DOJ 
regarding these potential impacts. See the ADDRESSES section for 
information to send comments to DOJ.
f. Need for National Energy Conservation
    DOE also considers the need for national energy and water 
conservation in determining whether a new or amended standard is 
economically justified. (42 U.S.C. 6295(o)(2)(B)(i)(VI)) The energy 
savings from the proposed standards are likely to provide improvements 
to the security and reliability of the Nation's energy system. 
Reductions in the demand for electricity also may result in reduced 
costs for maintaining the reliability of the Nation's electricity 
system. DOE conducts a utility impact analysis to estimate how 
standards may affect the Nation's needed power generation capacity, as 
discussed in section IV.M of this document.
    DOE maintains that environmental and public health benefits 
associated with the more efficient use of energy are important to take 
into account when considering the need for national energy 
conservation. The proposed standards are likely to result in 
environmental benefits in the form of reduced emissions of air 
pollutants and GHGs associated with energy production and use. DOE 
conducts an emissions analysis to estimate how potential standards may 
affect these emissions, as discussed in section IV.K; the estimated 
emissions impacts are reported in section IV.L of this document. DOE 
also estimates the economic value of emissions reductions resulting 
from the considered TSLs, as discussed in section IV.L of this 
document.
g. Other Factors
    In determining whether an energy conservation standard is 
economically justified, DOE may consider any other factors that the 
Secretary deems to be relevant. (42 U.S.C. 6295(o)(2)(B)(i)(VII)) To 
the extent DOE identifies any relevant information regarding economic 
justification that does not fit into the other categories described 
previously, DOE could consider such information under ``other 
factors.''
2. Rebuttable Presumption
    As set forth in 42 U.S.C. 6295(o)(2)(B)(iii), EPCA creates a 
rebuttable presumption that an energy conservation standard is 
economically justified if the additional cost to the consumer of a 
product that meets the standard is less than three times the value of 
the first year's energy savings resulting from the standard, as 
calculated under the applicable DOE test procedure. DOE's LCC and PBP 
analyses generate values used to calculate the effects that proposed 
energy conservation standards would have on the payback period for 
consumers. These analyses include, but are not limited to, the 3-year 
payback period contemplated under the rebuttable-presumption test. In 
addition, DOE routinely conducts an economic analysis that considers 
the full range of impacts to consumers, manufacturers, the Nation, and 
the environment, as required under 42 U.S.C. 6295(o)(2)(B)(i). The 
results of this analysis serve as the basis for DOE's evaluation of the 
economic justification for a potential standard level (thereby 
supporting or rebutting the results of any preliminary determination of 
economic justification). The rebuttable presumption payback calculation 
is discussed in section V.B of this proposed rule.

IV. Methodology and Discussion of Related Comments

    This section addresses the analyses DOE has performed for this 
rulemaking with regard to battery chargers. Separate subsections 
address each component of DOE's analyses.
    DOE used several analytical tools to estimate the impact of the 
standards proposed in this document. The first tool is a spreadsheet 
that calculates the LCC savings and PBP of potential amended or new 
energy conservation standards. The national impacts analysis uses a 
second spreadsheet set that provides shipments projections and 
calculates national energy savings and net present value of total 
consumer costs and savings expected to result from potential energy 
conservation standards. DOE uses the third spreadsheet tool, the 
Government Regulatory Impact Model (``GRIM''), to assess manufacturer 
impacts of potential standards. These three spreadsheet tools are 
available on the DOE website for this rulemaking: <a href="http://www.regulations.gov/document/EERE-Mar-BT-STD-0013">www.regulations.gov/document/EERE-Mar-BT-STD-0013</a>. Additionally, DOE used output from the 
latest version of the Energy Information Administration's (``EIA's'') 
Annual Energy Outlook (``AEO''), a widely known energy projection for 
the United States, for the emissions and utility impact analyses.

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 the purpose 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

[[Page 16123]]

on publicly-available information. The subjects addressed in the market 
and technology assessment for this rulemaking 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 battery chargers. The key findings of DOE's market assessment are 
summarized in the following sections. See chapter 3 of the NOPR TSD for 
further discussion of the market and technology assessment.
1. Product Classes
    When evaluating and establishing energy conservation standards, DOE 
may establish separate standards for a group of covered products (i.e., 
establish a separate product class) if DOE determines that separate 
standards are justified based on the type of energy used, or if DOE 
determines that a product's capacity or other performance-related 
feature justifies a different standard. (42 U.S.C. 6295(q)) In making a 
determination whether a performance-related feature justifies a 
different standard, DOE must consider such factors as the utility of 
the feature to the consumer and other factors DOE determines are 
appropriate. (Id.)
    DOE currently defines separate energy conservation standards for 
the following battery charger product classes (10 CFR 430.32(z)(1)):

           Table IV.1--Current Battery Charger Product Classes
------------------------------------------------------------------------
                                    Battery charger       Maximum UEC *
         Product class              classification         (kWh/year)
------------------------------------------------------------------------
1.............................  Low-energy inductive    3.04.
                                 battery chargers to
                                 be used in wet
                                 environment with
                                 associated battery
                                 energy of less than
                                 or equal to 5 watt-
                                 hours (Wh).
2.............................  Low-energy, low-        0.1440 * Ebatt +
                                 voltage battery         2.95.
                                 chargers with
                                 associated battery
                                 energy of less than
                                 100Wh, and battery
                                 voltage of less than
                                 4 volts (V).
3.............................  Low-energy, medium-     For Ebatt <
                                 voltage battery         10Wh, 1.42; For
                                 chargers with           Ebatt >= 10Wh,
                                 associated battery      0.0255 * Ebatt
                                 energy of less than     + 1.16.
                                 100Wh, and battery
                                 voltage of 4V to 10V.
4.............................  Low-energy, high-       0.11 * Ebatt +
                                 voltage battery         3.18.
                                 chargers with
                                 associated battery
                                 energy of less than
                                 100Wh, and battery
                                 voltage of more than
                                 10V.
5.............................  Medium-energy, low-     0.0257 * Ebatt +
                                 voltage battery         0.815.
                                 chargers with
                                 associated battery
                                 energy of 100Wh to
                                 3,000Wh, and battery
                                 voltage of less than
                                 20V.
6.............................  Medium-energy, high-    0.0778 * Ebatt +
                                 voltage battery         2.4.
                                 chargers with
                                 associated battery
                                 energy of 100Wh to
                                 3,000Wh, and battery
                                 voltage of higher
                                 than or equal to 20V.
7.............................  High-energy battery     0.0502 * Ebatt +
                                 chargers with           4.53.
                                 associated battery
                                 energy of more than
                                 3,000Wh.
------------------------------------------------------------------------
* Maximum UEC is expressed as a function of representative battery
  energy (Ebatt).

    Battery chargers are devices that charge batteries for consumer 
products, including battery chargers embedded in other consumer 
products. 10 CFR 430.2. (See also 42 U.S.C. 6291(32)) A battery charger 
may be wholly embedded in another consumer product, partially embedded 
in another consumer product, or wholly separate from another consumer 
product. Under appendix Y, only consumer wired chargers and wet 
environment wireless inductive chargers designed for battery energies 
of no more than 5 watt-hours are covered battery charger product 
classes.
    In the September 2022 Test Procedure Final Rule, DOE adopted the 
proposal to expand the battery charger test procedure scope to cover 
all both fixed-location wireless chargers and open-placement wireless 
chargers. 87 FR 55090, 55095-55098. DOE also adopted the proposal to 
establish new multi-metric test procedure for battery chargers. 87 FR 
55090, 55100-55108.
    DOE notes that in transitioning to the multi-metric approach where 
each mode of operation is independently regulated, usage profiles are 
no longer required. Currently established product classes help identify 
the particular set of usage profiles that must be applied to the UEC 
equation for a given battery charger model's UEC to be calculated. 
Without the need for usage profiles, however, the need to maintain 
currently established product classes is also greatly diminished. In 
light of this situation, along with the additional wireless battery 
charger test procedure coverage, DOE is proposing to remove the 
existing product classes and establish new ones as follows:

     Table IV.2--Proposed Battery Charger Product Class Description
------------------------------------------------------------------------
                                     Product class        Rated battery
       Product class No.              description        energy  (Ebatt)
------------------------------------------------------------------------
1a............................  Fixed-Location          <=100Wh.
                                 Wireless Battery
                                 Chargers.
1b............................  Open-Placement          All Battery
                                 Wireless Battery        Energies.
                                 Chargers.
2a............................  Low-energy Wired        0-100Wh.
                                 Battery Charger.
2b............................  Medium-energy Wired     100-1000Wh.
                                 Battery Charger.
2c............................  High-energy Wired       >1000Wh.
                                 Battery Charger.
------------------------------------------------------------------------

    As shown in Table IV.2, wired battery chargers are further divided 
into three sub-product classes representing chargers with associated 
battery energies that are either low-energy (0-100Wh), medium-energy 
(100-1000Wh), or high-energy (>1000Wh) such that equations representing 
potential standards for each of these sub-classes can be independently 
adjusted to accommodate the unique characteristics of chargers at each 
of these ranges and to achieve a desired pass rate. Similarly, wireless 
chargers are divided into fixed-location wireless charger and open-
placement wireless charger because of the expanded test procedure 
scope.

[[Page 16124]]

    The Joint Efficiency Advocates stated support for DOE's evaluation 
of both fixed-location and open-placement wireless chargers in the NOPR 
stage analysis because of the significant energy savings that could be 
achieved. The Joint Efficiency Advocates reiterated that wireless 
chargers are significantly less efficient than wired chargers, as 
stated from their response to the standards RFI published on September 
16, 2020.\15\ (Joint Efficiency Advocates, No. 19 at p. 2)
---------------------------------------------------------------------------

    \15\ The Joint Efficiency Advocates' response to the September 
2020 RFI can be found at <a href="https://www.regulations.gov/comment/EERE-2020-BT-STD-0013-0005">https://www.regulations.gov/comment/EERE-2020-BT-STD-0013-0005</a>.
---------------------------------------------------------------------------

    The CA IOUs and NEEA both supported DOE's development of standards 
for wireless chargers. (CA IOUs, No. 18 at pp.2-3; NEEA No. 16 at pp. 
3-4) NEEA further commented that considering active mode and standby 
mode CSLs are appropriate for fixed-location wireless chargers and no 
battery mode only standards for open-placement wireless chargers are 
also appropriate at this time. (Id.) Both the CA IOUs and NEEA also 
encouraged DOE to further analyze the standards for wireless chargers 
with the CA IOUs urging DOE to work with the industry to cover the 
active mode operation of open-placement wireless chargers as well.
    DOE notes that DOE's battery charger standards are developed with 
the test procedure in mind. Although DOE adopted both active and 
standby modes test procedure for fixed-location wireless chargers, 
because of the intrinsic testing repeatability and representativeness 
issues, DOE did not prescribe an active mode test procedure for open-
placement wireless chargers in the September 2022 Test Procedure Final 
Rule. As a result, DOE is also not considering active mode energy 
conservation standards for open-placement wireless chargers in this 
rulemaking.
    An engineer from UL commented that a cross-class standard for 
multi-port and/or multi-voltage battery chargers should be developed 
because one of the battery charger products that they are testing 
cannot be classified with the current battery charger product classes, 
and the compliance certification management system (CCMS) reporting 
template also does not address such issue. (UL, No. 11 at pp. 1-2)
    DOE notes that for multi-port and/or multi-voltage battery 
chargers, DOE's battery selection criteria in Table 3.2.1 from appendix 
Y and appendix Y1 clearly notes that all ports and battery or 
configuration of batteries with the highest individual voltage should 
be used for testing, and if multiple batteries meet the criteria, then 
the battery or configuration of batteries with the highest total 
nameplate charge capacity at the highest individual voltage should be 
used for testing. As such, the battery charger product class for such 
multi-port/multi-voltage battery would be based on the highest 
individual battery voltage, and the highest total battery charge 
capacity.
    The CA IOUs stated that DOE should reconsider its decision not to 
include DC fast chargers (DCFCs) used to charge light-duty EVs and 
PHEVs in DOE's battery charger standards. The CA IOUs stated that the 
original decision to not regulate these products under battery charger 
rulemaking scope was because DOE stated that it lacks the authority to 
regulate automobiles as consumer products. However, the CA IOUs 
considered that DCFCs fall within the definition of covered products in 
that ``a battery charger must charge batteries for consumer products,'' 
and that such DCFCs are consumer products used to charge other consumer 
products. The CA IOUs further commented that when EPCA passed in 1975, 
it could not have foreseen how excluding automobiles from consumer 
products could bar DOE from regulating DCFCs. Therefore, the CA IOUs 
recommended DOE to reconsider if DCFCs should fall within the scope of 
DOE's standards. (CA IOUs, No. 18 at pp. 3-5)
    DOE reiterates that DOE's authority to regulate battery chargers is 
limited to battery chargers that charge batteries for consumer 
products. (42 U.S.C. 6291(32)) As defined by EPCA, ``consumer 
products'' explicitly excludes automobiles as that term is defined in 
49 U.S.C. 32901(a)(3). (42 U.S.C 6291(1)) DOE has limited information 
on whether DCFCs are used to charge any consumer products other than 
automobiles. As such, DOE is not proposing standards for DCFCs at this 
time. However, considering the current trend towards electrification in 
many industries, DOE is interested in whether DCFCs are used to charge 
other consumer products, including electric vehicles other than 
automobiles, such as electric motorcycles.
2. Technology Options
    For technology assessment, DOE identifies technology options that 
appear to be a feasible means of improving product efficiency. This 
assessment provides the technical background and structure on which DOE 
bases its screening and engineering analyses. The following discussion 
provides an overview of the salient aspects of the technology 
assessment, including issues on which DOE seeks public comment. Chapter 
3 of the NOPR TSD provides detailed descriptions of the basic 
construction and operation of battery chargers, followed by a 
discussion of technology options to improve their efficiency and power 
consumption in various modes. These technology options are also listed 
in the table as follows:

               Table IV.3--Battery Charger Design Options
------------------------------------------------------------------------
           Technology option                       Description
------------------------------------------------------------------------
Slow Charger:
    Improved Cores.....................  Use transformer cores with low
                                          losses.
    Termination........................  Limit power provided to fully-
                                          charged batteries.
    Elimination/Limitation of            Limit power provided to fully-
     Maintenance Current.                 charged batteries.
    Elimination of No-Battery Current..  Limit power provided drawn when
                                          no battery is present.
    Switched-Mode Power Supply.........  Use switched-mode power
                                          supplies instead of linear
                                          power supplies.
Fast Charger:
    Low-Power Integrated Circuits......  Use integrated circuit
                                          controllers with minimal power
                                          consumption.
    Elimination/Limitation of            Limit power provided to fully-
     Maintenance Current.                 charged batteries.
    Schottky Diodes and Synchronous      Use rectifiers with low losses.
     Rectification.
    Elimination of No-Battery Current..  Limit power provided drawn when
                                          no battery is present.
    Phase Control to Limit Input Power.  Limit input power in lower-
                                          power modes.

[[Page 16125]]

 
    Wide-Band Gap Semiconductors.......  Use semiconductors such as
                                          Gallium Nitride and Silicon
                                          Carbide to achieve higher
                                          charging efficiency.
------------------------------------------------------------------------

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 commercially viable, existing 
prototypes will not be considered further.
    (2) Practicability to manufacture, install, and service. If it is 
determined that mass production of a technology in commercial products 
and reliable installation and servicing of the technology 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 
technology will not be considered further.
    (3) Impacts on product utility. If a technology is determined to 
have a significant adverse impact on the utility of the product to 
subgroups of consumers, or 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) Safety of technologies. 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 technology has 
proprietary protection and represents a unique pathway to achieving a 
given efficiency level, it 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).
    In summary, 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. The reasons for eliminating any technology are discussed in 
the following sections.
    The subsequent sections include comments from interested parties 
pertinent to the screening criteria, DOE's evaluation of each 
technology option against the screening analysis criteria, and whether 
DOE determined that a technology option should be excluded (``screened 
out'') based on the screening criteria.
1. Screened-Out Technologies
    Battery charger manufacturers often use various combinations of the 
DOE identified technology option, and because these options are 
relatively common with little barrier to implement, DOE did not screen 
out any technology option. DOE did not receive comments on its 
screening analysis.
2. Remaining Technologies
    DOE tentatively concludes that all of the identified technologies 
listed in section IV.A.2 met all five screening criteria to be examined 
further as design options in DOE's NOPR analysis. In summary, DOE did 
not screen out the following technology options:

          Table IV.4--Remaining Battery Charger Design Options
------------------------------------------------------------------------
 
------------------------------------------------------------------------
                Technology Option                       Description
------------------------------------------------------------------------
Slow Charger...........  Improved Cores.........  Use transformer cores
                                                   with low losses.
                         Termination............  Limit power provided
                                                   to fully-charged
                                                   batteries.
                         Elimination/Limitation   Limit power provided
                          of Maintenance Current.  to fully-charged
                                                   batteries.
                         Elimination of No-       Limit power provided
                          Battery Current.         drawn when no battery
                                                   is present.
                         Switched-Mode Power      Use switched-mode
                          Supply.                  power supplies
                                                   instead of linear
                                                   power supplies.
Fast Charger...........  Low-Power Integrated     Use integrated circuit
                          Circuits.                controllers with
                                                   minimal power
                                                   consumption.
                         Elimination/Limitation   Limit power provided
                          of Maintenance Current.  to fully-charged
                                                   batteries.
                         Schottky Diodes and      Use rectifiers with
                          Synchronous              low losses.
                          Rectification.
                         Elimination of No-       Limit power provided
                          Battery Current.         drawn when no battery
                                                   is present.
                         Phase Control to Limit   Limit input power in
                          Input Power.             lower-power modes.
                         Wide-Band Gap            Use semiconductors
                          Semiconductors.          such as Gallium
                                                   Nitride and Silicon
                                                   Carbide to achieve
                                                   higher charging
                                                   efficiency.
------------------------------------------------------------------------

    DOE has initially determined that these technology options are 
technologically feasible because they are being used in commercially-
available products or working prototypes. DOE also finds that all of 
the remaining technology options meet the other screening criteria 
(i.e., practicable to manufacture, install, and service and do not 
result in adverse impacts on consumer utility, product availability, 
health, or safety, unique-pathway proprietary technologies). While DOE 
does not anticipate any material impact on fit, function, and utility 
of the battery chargers, we request comment on potential impacts from 
the proposed standard. For additional details on the analysis, see 
chapter 4 of the NOPR TSD.

C. Engineering Analysis

    The purpose of the engineering analysis is to establish the 
relationship between the efficiency and cost of battery chargers. 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.

[[Page 16126]]

For each product class, DOE estimates the baseline cost, as well as the 
incremental cost for the product at efficiency levels above the 
baseline. 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).
1. Efficiency Analysis
    DOE typically uses one of two approaches to develop energy 
efficiency levels for the engineering analysis: (1) relying on observed 
efficiency levels in the market (i.e., the efficiency-level approach), 
or (2) determining the incremental efficiency improvements associated 
with incorporating specific design options to a baseline model (i.e., 
the design-option approach). Using the efficiency-level approach, the 
efficiency levels established for the analysis are determined based on 
the market distribution of existing products (in other words, based on 
the range of efficiencies and efficiency level ``clusters'' that 
already exist on the market). Using the design option approach, the 
efficiency levels established for the analysis are determined through 
detailed engineering calculations and/or computer simulations of the 
efficiency improvements from implementing specific design options that 
have been identified in the technology assessment. DOE may also rely on 
a combination of these two approaches. For example, the efficiency-
level approach (based on actual products on the market) may be extended 
using the design option approach to ``gap fill'' levels (to bridge 
large gaps between other identified efficiency levels) and/or to 
extrapolate to the max-tech level (particularly in cases where the max-
tech level exceeds the maximum efficiency level currently available on 
the market).
    To analyze the battery charger efficiency levels under the new 
multi-metric approach, DOE established efficiency levels for active 
charge energy and standby power separately. For off mode power 
consumption, DOE notes that for chargers that offer an off mode, the 
power draw is usually negligible; therefore, DOE estimated the off mode 
power to be zero across all efficiency levels and did not analyze the 
off mode performance for battery chargers in this NOPR.
    In developing CSLs, DOE used data available in the CCD as a 
representation of the wired battery charger market. The CCD currently 
provides values for metrics based on the DOE test procedure at 10 CFR, 
part 430, subpart B, appendix Y, which includes UEC, 24-hour charge and 
maintenance mode energy (``E<INF>24</INF>''), maintenance mode power 
(``P<INF>m</INF>''), standby mode power (``P<INF>nb</INF>''), and off 
mode power (``P<INF>off</INF>''). However, in order to develop CSLs for 
wired chargers in consideration of the metrics in the newly adopted 
appendix Y1, DOE needed to further disaggregate the current 
E<INF>24</INF> rated value to estimate the active charge energy 
(``E<INF>a</INF>'') component. DOE achieved this by subtracting 
maintenance mode energy, which equals the time in hours spent in 
maintenance mode multiplied by P<INF>m</INF>, from E<INF>24</INF>. 
However, the time spent in maintenance mode for each battery charger 
basic model can vary significantly depending on intended application, 
and DOE does not have sufficient information to derive these times on a 
case-by-case basis. As such, for this NOPR, DOE continues to estimate 
that every charger spends five hours in maintenance mode out of the 24-
hour charge and maintenance mode test period, as determined by section 
3.3.2 of the current test procedure. As a result, DOE calculated 
E<INF>a</INF> as E<INF>24</INF> minus five hours times P<INF>m</INF>. 
DOE used the resultant data to define CSLs. DOE also slightly adjusted 
the intercept of the resultant CSL equation for each analyzed battery 
energy group as necessary so that each CSL would be a continuous 
function across battery energy groups.
    For fixed-location wireless battery chargers, DOE also relied on 
the CCD data to estimate the relationship between the CCD derived 
E<INF>a</INF> and CCD reported E<INF>batt</INF> for their active mode 
CSLs. However, for the standby mode power (the sum of maintenance mode 
power and no-battery mode power), or P<INF>sb</INF>, because the newly 
covered fixed-location wireless chargers can have higher maintenance 
mode power consumption because of different inductive power 
transmitting standards, DOE developed the standby power CSLs based on 
its own testing data. The multi-metric CSL results for fixed-location 
wireless chargers are further discussed in sections IV.C.1.a and 
IV.C.1.b below.
    For open-placement wireless battery chargers, similarly, because 
these are chargers covered under the expanded scope, DOE relied on its 
own testing data to develop the no-battery mode only CSLs for these 
chargers, with further discussion in sections IV.C.1.a and IV.C.1.b 
below.
    The Joint Efficiency Advocates commented that DOE could consider 
uncoupling active mode and standby mode efficiency levels rather than 
increasing both active mode and standby mode efficiency together at 
each CSL so that alternate combinations could be analyzed to explore 
the potential for additional cost-effective savings. (Joint Efficiency 
Advocates, No. 19 at p. 2)
    DOE notes that the electronics related to these modes of operations 
are typically highly integrated and in performing teardowns, DOE was 
unable to accurately establish technology options and cost that would 
solely improve the energy performance in one mode of operation without 
affecting another. While not universal, DOE noticed from its teardowns 
that battery charger designs with improved efficiency in one more of 
operation will typically also be more efficient in other modes. Lacking 
accurate cost information associated with improving the performance in 
each mode of operation separately, DOE chose not to decouple active 
mode and standby mode efficiency levels for wired and fixed-location 
wireless battery chargers in this NOPR. In taking this approach, DOE 
however ensured that teardown units representing successive efficiency 
levels (``ELs'') achieved both the required active mode as well as 
standby performance for that EL. This ensures that the teardown cost of 
representative units accurately capture the cost of attaining both the 
active mode and standby performance required by each EL. The results of 
these TSLs are also further discussed in chapter 5 of the TSD.
    The CA IOUs also supported DOE in updating the standards for 
battery chargers and expand the engineering analysis to higher-capacity 
battery chargers because of advances in technology and the increasing 
availability of higher-powered lithium-ion battery consumer devices on 
the market. (CA IOUs, No. 18 at pp. 1-2) The CA IOUs recommended DOE to 
reevaluate the bins for battery chargers as proposed in the preliminary 
analysis because the CSLs allow higher active mode energy for battery 
chargers with higher battery capacities within a product class. The CA 
IOUs recommended DOE to develop more granular battery capacity bins or 
redesign the standard algorithms to flatten the curve of allowable 
maximum active mode energy, making CSLs equally stringent across 
battery chargers of all battery capacities. (CA IOUs, No. 18 at p. 5)
    DOE notes that DOE's active mode charge energy measures the raw 
energy input into the battery charger; therefore, as battery energy 
increases within each product class, the corresponding raw active 
energy would increase as well. As such, ``flattening'' the active 
charge energy curve within each product class

[[Page 16127]]

would increase relative stringency for those battery chargers designed 
to charge higher-energy batteries from the same product class.
    The Joint Trade Associations stated that several joint commenters 
opposed DOE's test procedure proposal to rely on separate metrics, and 
urged retention of the UEC metric in response to the test procedure 
NOPR published in November 2021. The commenters also opposed DOE's 
proposed approach for determining active, standby, and battery 
maintenance mode energy, as well as DOE's proposal to specify that, for 
chargers not shipped with adapters and where one is not recommended, 
the test can be done with any EPS that is minimally compliant with 
DOE's energy conservation standards. (Joint Trade Associations, No. 17 
at pp. 3-4)
    DOE notes that these comments pertain to the test procedure 
rulemaking, and DOE has already addressed these stakeholder concerns in 
the September 2022 Test Procedure Final Rule by adopting the alternate 
method for measuring the active mode energy consumption of a battery 
charger, ensuring that the test method for the new multiple metrics 
remain largely the same as that of DOE's previous test procedure for 
the UEC metric. 87 FR 55090, 55100-55108. DOE also notes that it 
adopted the additional requirement to test battery chargers with an EPS 
because it ensures test procedure representativeness and test result 
comparability. 87 FR 55090, 55098-55099.
    Delta-Q commented that DOE's efficiency level analysis of product 
class 2c contains incorrect assumptions, because the test procedure 
measures the energy consumption of the battery charge system as a 
whole, which fails to take into account energy losses in the battery 
itself and these losses vary depending on battery type and battery 
chemistry. Attempting to reduce the amount of charge delivered, 
particularly for lead acid batteries, would result in precipitous 
reductions in battery life. (Delta-Q, No. 20 at p. 1) Delta-Q provided 
an example that for a golf cart with a flooded lead acid battery of 80% 
round-trip efficiency, a charger around 90% efficiency, and a total 
system efficiency that meets the current DOE standard of around 70% 
total efficiency; however, DOE's proposed CSL for product class 2c 
would require battery charge system efficiency to be substantially 
increased. In the extreme case of CSL 3, lead-acid batteries would be 
effectively banned because they cannot meet the standard, even though 
lead-acid batteries dominate some parts of the market. Delta-Q further 
noted that the cost to replace these batteries can be ten to fifteen 
times the charger cost, with the total system replacement cost 
increasing in hundreds of dollars. (Delta-Q, No. 20 at p. 2) As such, 
Delta-Q commented that DOE's proposed CSL efficiencies appear to be 
flawed because product class 2c contains products with a variety of 
battery chemistries and system efficiencies, and while most lithium ion 
batteries would have system efficiencies passing at CSL 2, flooded 
lead-acid batteries would struggle to pass CSL 1; in effect, 100% of 
lead-acid battery charge systems would fail. (Id.)
    DOE notes that the battery charger test procedure was designed to 
measure the overall system efficiency. As a result, the energy losses 
in the batteries would also be accounted for as wasted energy or ``non-
useful energy''. DOE understands that for some manufacturers, they do 
not have direct control over the type of battery consumers use with 
their chargers; however, for each battery charger product class and 
each comparable battery energy range, these chargers would still be 
regulated along with other similar types of chargers with comparable 
battery characteristics. DOE's standards have been, and will be, 
developed based on the representative units from a variety of end use 
product types and battery energy ranges. As such, DOE's battery charger 
standards do account for the battery energy losses and do not 
negatively impact battery charger manufacturers. DOE further notes that 
CSL 0 for active mode and standby mode were developed to be an 
approximate translation of the current DOE battery charger UEC 
standard, with higher CSLs developed based on CCD reported battery 
charger performance trends and/or DOE's own testing results. Currently 
presented CSLs are only for standards development process; any standard 
DOE decides to adopt later in the final rule stage will be verified to 
be cost effective while having meaningful energy savings without undue 
burden. To account for Delta-Q's concern, DOE has slightly relaxed 
high-energy chargers' higher CSL levels in this NOPR, and from DOE's 
internal testing and modeling, DOE was able to confirm that even CSL 3 
was attainable by some lead-acid battery chargers.
    Delta-Q commented that the present single, unified metric of UEC 
would provide more flexibility in reducing overall energy consumption 
while still delivering on customer features and cost targets, and that 
separate standards for separate metrics will reduce design flexibility 
and raise the cost of compliance. (Delta-Q, No. 20 at p. 2) Delta-Q 
further commented that the proposed baseline standby mode power 
requirements are already restrictive, resulting in targets that are 
very challenging to meet, which can limit the maximum charge speed or 
the minimum battery size. This is particularly challenging for generic 
and standalone battery chargers such as those manufactured by Delta-Q 
and used by many OEMs. (Delta-Q, No. 20 at pp. 2-3) Delta-Q commented 
that standby mode power provides a variety of customer-required 
functions, such as status display, signal communication, or maintain 
state of charge, and therefore does not necessarily represent wasted 
energy. Delta-Q further stated that if efficiency regulations precluded 
drawing from AC mains in maintenance mode power, battery chargers would 
require power draw from the DC battery, reducing battery readiness and 
runtime. (Id.)
    DOE recognizes that the current UEC metric may provide design 
flexibility for manufacturers; however, it risks being increasingly 
unrepresentative without frequent and continuous updates to the usage 
profiles. If DOE were to constantly update the usage profiles, 
manufacturers would also need to repeatedly recalculate the 
representative UEC and recertify their products, which would add undue 
burden for manufacturers. Although DOE's adopted multi-metric testing 
approach does not provide the same level of freedom for battery charger 
design in all modes of operation when compared to the current 
integrated UEC approach, it would still provide design flexibility in 
standby mode operation by allowing manufacturers to prioritize either 
maintenance power or no-battery power, which accounts for the majority 
of battery charger operation time. DOE reiterates that the CSLs 
presented in the preliminary analysis were only for DOE to present the 
general approach for developing the standards, and for stakeholders to 
get an early chance at contributing to DOE's standards rulemaking 
process. As such, the CSLs presented in the preliminary analysis are 
not final results. Any standard adopted by DOE in the final rule must 
be economically justifiable and technologically feasible, and will be 
required to demonstrate that they are verified to be cost effective 
while having meaningful energy savings without undue burden. In 
response to Delta-Q's comment that the baseline standard levels 
presented in the preliminary analysis are already restrictive, DOE 
notes that these were either translated from the current UEC standard, 
or developed from DOE's own testing data

[[Page 16128]]

representing some of the most energy consumptive products in the 
market; demonstrating that the technology required to achieve the 
currently prescribed standards at the baseline level are readily 
available and not restrictive.
a. Baseline Energy Use
    For each product class, DOE generally selects a baseline model as a 
reference point for each class, and measures changes resulting from 
potential energy conservation standards against the baseline. The 
baseline model in each product class represents the characteristics of 
a product typical of that class (e.g., capacity, physical size). 
Generally, a baseline model is one that just meets current energy 
conservation standards, or, if no standards are in place, the baseline 
is typically the most common or least efficient unit on the market.
    Consistent with the baseline efficiency levels analyzed from the 
preliminary analysis, for this NOPR, DOE's baseline multi-metric 
efficiency levels for wired battery chargers are approximated from the 
current UEC standards along with reference to the original California 
Energy Commission's (``CEC'') battery charger multi-metric standard. 
Because the current UEC standard was adopted based on approximated CEC 
standards for most of the original product classes except product 
classes 5 and 6, which were more efficient than CEC's, DOE's current 
standard can be approximately ``translated'' back to the CEC's 
standard, especially on the lower end of the battery energy spectrum 
(for battery chargers with battery energy less than 100Wh). DOE further 
assumed that most chargers on the CCD are only single port chargers and 
applied the CEC active charge energy standard to the current CCD 
battery energy levels to get the maximum charge and maintenance energy, 
and then subtracted five hours of maintenance mode power to approximate 
the active charge energy for every single wired battery charger entry. 
DOE did not receive any opposing comments to this approach.
    DOE further notes that the September 2022 Test Procedure Final Rule 
adopted the requirement that for all battery chargers that would need 
an external power supply for operation, they would need to be tested 
with a minimally compliant EPS. 87 FR 55090, 55098-55099. DOE 
anticipated that a proposed standard would also be affected by this 
change. As such, DOE analyzed the CCD reported battery charger basic 
models and manually removed entries with negligible power draw in no-
battery mode so that the remaining entries would likely be tested with 
an EPS or with input power measured directly at the wall. Although this 
may unintentionally remove some entries with very efficient no-battery 
mode design, it would ensure that all the remaining models are indeed 
tested with an appropriate power supply or have the conversion losses 
captured. DOE then applied a linear regression to the remaining CCD 
entries to establish a relationship between battery energy and the 
approximated CEC standard described in the previous paragraph. DOE 
repeated the same steps for standby mode power and battery energy to 
establish the standby mode baseline efficiency level for wired battery 
chargers. Each CSL would contain both the independent active mode 
efficiency level, and the independent standby mode efficiency level.
    For fixed-location wireless chargers in active mode, DOE also 
repeated similar steps to establish the active energy CSL based off of 
CCD data, but assumed that the slopes across CSL 0 to CSL 3 are the 
same, which equal to the slope of the active charge energy vs. battery 
energy from the wet-environment wireless charger CCD data. DOE then 
adjusted the intercept so that all currently reported wet-environment 
wireless chargers pass the baseline standard level.
    For the baseline efficiency level for standby mode power of fixed-
location wireless chargers, DOE relied on the worst average 30% standby 
mode power of the fixed-location wireless chargers that passed DOE's 
internal testing. Similarly for open-placement wireless chargers' 
baseline no-battery mode power level, DOE also relied on the worst no-
battery mode power of the wireless chargers that passed DOE's internal 
testing.
    Table IV.5 below shows the baseline efficiency level for all wired 
and wireless battery chargers.

                       Table IV.5--Baseline Efficiency Level or CSL 0 for Battery Chargers
----------------------------------------------------------------------------------------------------------------
                                      CSL 0: Approximated current standards
-----------------------------------------------------------------------------------------------------------------
                                                                                  Standby mode
         Product class            Battery energy (Ebatt)   Active mode energy  power (Psb = Pm +  Off mode power
                                                                  (Ea)                Pnb)            (Poff)
----------------------------------------------------------------------------------------------------------------
1a.............................  <=100Wh.................  1.718 * Ebatt +     1.7..............               0
                                                            17.3.
1b.............................  N/A.....................  N/A...............  1.4 (Pnb only)...               0
2a.............................  <=100Wh.................  1.656 * Ebatt +     0.0021 * Ebatt +                0
                                                            10.5.               1.
2b.............................  100-1000................  1.564 * Ebatt +
                                                            19.661.
2c.............................  >1000...................  1.549 * Ebatt +
                                                            34.361.
----------------------------------------------------------------------------------------------------------------

b. Higher Efficiency Levels
    As part of DOE's analysis, the maximum available efficiency level 
is the highest efficiency unit currently available on the market. DOE 
also defines a ``max-tech'' efficiency level to represent the maximum 
possible efficiency for a given product.
    Again, DOE applied linear regression models to different portions 
of the CCD to characterize three different performance levels of the 
reported wired battery charger basic models. For active mode energy of 
high-energy battery chargers in product class 2c, DOE held the 
intercept constant but adjusted the slope to allow slightly relaxed 
higher CSLs when compared to the preliminary analysis and to retain the 
continuous CSL for each level.
    For active mode energy of fixed-location wireless chargers, DOE 
held the slopes the same across efficiency levels but adjusted the 
intercepts to achieve similar pass rates when compared to the wired 
battery charger pass rates at each corresponding CSLs. DOE further 
finetuned the intercepts by aligning them with DOE's internal testing 
results.
    Similar to how DOE developed the baseline standard levels for 
standby mode power of fixed-location wireless chargers and no-battery 
mode power for open-placement wireless chargers, DOE relied on its own 
testing data to develop the higher efficiency levels as well. For 
P<INF>sb</INF> of fixed-location wireless chargers, CSL 2 represents 
the approximated average value of DOE's tested samples,

[[Page 16129]]

whereas CSL 3 represents the most efficient 25-30% of the samples. CSL 
1 P<INF>sb</INF> of fixed-location wireless chargers was set to 
approximately be the average of CSL 0 and CSL 2 levels. For open-
placement wireless charger no-battery mode CSLs, DOE approximated CSL 2 
to be the average no-battery mode power of all the units tested by DOE. 
DOE then set CSL 1 to be the average of the bottom third of tested 
units and CSL 3 to represent open-placement wireless chargers that do 
not consume any power in no-battery mode from their wireless charging 
components, but with all power draw coming from the power supply just 
meeting DOE's multi-voltage EPS maximum no-load power of 0.3W, as 
prescribed in 10 CFR 430.32(w)(1)(ii).
    DOE analyzed these three higher battery charger efficiency levels, 
identified design options, and obtained incremental cost data at each 
of these levels. Table IV.6 below shows the efficiency levels analyzed 
for this NOPR analysis.

                            Table IV.6--Higher Efficiency Levels for Battery Chargers
----------------------------------------------------------------------------------------------------------------
                                                                                  Standby mode
         Product class             Battery energy (Ebatt)      Active mode      power  (Psb = Pm  Off mode power
                                                                energy Ea            + Pnb)            Poff
----------------------------------------------------------------------------------------------------------------
                                      CSL 1: Intermediate (~70% Pass Rate)
----------------------------------------------------------------------------------------------------------------
1a.............................  <=100Wh..................  1.718 * Ebatt +    1.5..............               0
                                                             8.5.
1b.............................  N/A......................  N/A..............  0.8 (Pnb only)...               0
2a.............................  <=100Wh..................  1.390 * Ebatt +    0.00154 * Ebatt +               0
                                                             7.5.               0.65.
2b.............................  100-1000.................  1.418 * Ebatt +
                                                             4.692.
2c.............................  >1000....................  1.388 * Ebatt +
                                                             34.361.
----------------------------------------------------------------------------------------------------------------
                                   CSL 2: Above Intermediate (~40% Pass Rate)
----------------------------------------------------------------------------------------------------------------
1a.............................  <=100Wh..................  1.718 * Ebatt +    1.25.............               0
                                                             5.54.
1b.............................  N/A......................  N/A..............  0.5 (Pnb only)...               0
2a.............................  <=100Wh..................  1.222 * Ebatt +    0.00098 * Ebatt +               0
                                                             4.980.             0.4.
2b.............................  100-1000.................  1.367 * Ebatt + -
                                                             9.560.
2c.............................  >1000....................  1.323 * Ebatt +
                                                             34.361.
----------------------------------------------------------------------------------------------------------------
                                        CSL 3: Max-Tech (~10% Pass Rate)
----------------------------------------------------------------------------------------------------------------
1a.............................  <=100Wh..................  1.718 * Ebatt + 2  0.65.............               0
1b.............................  N/A......................  N/A..............  0.3 (Pnb only)...               0
2a.............................  <=100Wh..................  1.053 * Ebatt +    0.0005 * Ebatt +                0
                                                             4.980.             0.25.
2b.............................  100-1000.................  1.316 * Ebatt + -
                                                             21.292.
2c.............................  >1000....................  1.260 * Ebatt +
                                                             34.361.
----------------------------------------------------------------------------------------------------------------

    For wired battery chargers, the three analyzed higher efficiency 
levels (i.e., ELs) correspond to the top 70%, 40%, and 10% of battery 
chargers in the market in terms of their active mode energy and standby 
mode power consumption. For ease of reference, DOE refers to the 
efficiency level that represents the top 70% of the market as 
``Intermediate'', the top 40% of the market as ``Above Intermediate'' 
and those that represent the top 10% of the market as ``Max-Tech,'' 
which typically also represents the lowest active mode energy and 
standby mode power consumption commercially attainable using current 
technology. Fixed-location wireless chargers share similar market 
distribution as wired chargers for these higher CSLs from DOE's 
estimates. However, for open-placement wireless chargers, DOE's 
internal testing data shows higher pass rates for higher efficiency 
levels, especially at Max-Tech. DOE notes that although DOE tried to 
test a wide variety of the wireless chargers covered under the expanded 
scope, there are still hundreds of wireless charger models in the 
market that have various no-battery mode efficiency. As such, the 
actual market efficiency distribution for open-placement wireless 
chargers in higher CSLs can be different than DOE's current estimates; 
additionally, because the CSL differences of the no-battery mode power 
draw is relatively small, the overall energy use analysis based on 
these market distribution estimates should still yield meaningful and 
reliable results.
    DOE requests feedback on DOE's approach of establishing these 
higher efficiency CSLs and welcomes stakeholders to submit any data on 
the actual market distribution of these higher efficiency CSLs.
2. Cost Analysis
    The cost analysis portion of the engineering analysis is conducted 
using one or a combination of cost approaches. The selection of cost 
approach depends on a suite of factors, including the availability and 
reliability of public information, characteristics of the regulated 
product, the availability and timeliness of purchasing the battery 
charger on the market. The cost approaches are summarized as follows:
    <bullet> Physical teardowns: Under this approach, DOE physically 
dismantles a commercially available product, component-by-component, to 
develop a detailed bill of materials for the product.
    <bullet> Catalog teardowns: In lieu of physically deconstructing a 
product, DOE identifies each component using parts diagrams (available 
from manufacturer websites or appliance repair websites, for example) 
to develop the bill of materials for the product.
    <bullet> Price surveys: If neither a physical nor catalog teardown 
is feasible (for example, for tightly integrated products such as 
fluorescent lamps, which are infeasible to disassemble and for which 
parts diagrams are unavailable) or cost-prohibitive and otherwise 
impractical (e.g., large commercial boilers), DOE conducts price 
surveys using publicly available pricing data published on major online 
retailer websites and/or by soliciting prices from distributors and 
other commercial channels.
    In the present case, DOE conducted the analysis using all three 
methods (physical teardowns, catalog teardowns, and price surveys) of 
analysis to determine manufacturing cost as it

[[Page 16130]]

relates to the efficiency of a battery charger. Units for teardown were 
selected from the CCD based on reported energy values. Several units 
were selected as representative units for each CSL. In addition to 
units from the CCD, DOE purchased various open-placement and fixed-
location wireless chargers to study their design, cost, and 
performance. DOE received additional cost data from manufacturer 
interviews and stakeholder feedback, which was incorporated in the cost 
model generation.
    After testing, physical teardowns of CCD units were performed using 
internal tools. Price survey data was collected in manufacturer 
interviews and in some stakeholder feedback for units at each CSL.
    To generate the cost model, cost data from teardowns were combined 
with price survey data to generate cost/efficiency relationships at 
each battery energy group of interest. Equations for cost as a function 
of relative active mode energy and standby mode power were then created 
using an exponential fit to the data at each battery energy level. The 
resulting manufacturer production costs (MPCs) were then generated for 
each efficiency level using the fit equations.
    The Joint Efficiency Advocates expressed concerned that only four 
units representing CSL 0 and CSL 3 at two battery energy levels were 
used in the preliminary engineering analysis to estimate costs for all 
other wired charger CSLs and battery energy combinations. The Joint 
Efficiency Advocates commented that better accuracy would be obtained 
through additional testing and teardowns for all product classes, or 
through a design option approach for estimating costs for all wired 
chargers, or a combination of both. (Joint Efficiency Advocates, No. 19 
at p. 2)
    The CA IOUs further suggested DOE conduct additional teardowns of 
larger battery chargers in product classes 2a, 2b, and 2c for common 
product types (e.g., notebooks, cordless vacuums, power tools, 
landscaping equipment, ride-on electric vehicles, electric scooters, 
and golf carts) because larger battery chargers for such devices may 
have different efficiency profiles than smaller ones due to higher 
quality components or the incorporation of high-efficiency 
technologies, such as wide-band-gap semiconductors. The CA IOUs stated 
their expectation that larger battery chargers may not show a linear 
trend between active energy and battery energy. (CA IOUs, No. 18 at p. 
2)
    Similarly, NEEA commented that DOE's methodology of conducting 
teardowns of four chargers in product class 2a representing only the 
lowest (baseline) and highest (CSL 3) of the four CSLs resulted in 
insufficient reliable data for class 2a CSL 1 and 2. NEEA's own 
research suggested that design options to enable CSL 1 and CSL 2 
efficiencies are likely quite different than those used to achieve the 
highest efficiency level (CSL 3), creating inaccuracies in DOE's 
current estimates of the incremental cost for these middle levels. NEEA 
further commented that the reliance on four charger teardowns with 
battery energies less than 20 Wh (product class 2a) to 35 different 
battery charger applications with battery energies up to two orders of 
magnitude higher (2000 Wh) has yielded insufficient data to develop 
incremental cost information for product classes 2b and 2c because 
these higher power battery chargers likely use different semiconductor 
chipsets and/or can be impacted by production volume-related cost 
effects from other similar power electronics applications. (NEEA, No. 
16 at pp. 1-2) NEEA commented that incremental battery charger costs 
presented for product class 2b ($2.59 to $8.73) are high relative to 
DOE EPS cost analysis, indicating that battery charger incremental 
costs are likely to be overestimated for these middle CSLs (CSLs 1 and 
2). (NEEA, No. 16 at p. 2) NEEA stated that DOE should make three 
changes to more accurately measure the energy consumption of battery 
chargers: (1) add an alternative approach such as design option 
approach to teardown data already collected for class 2a CSL 1 and CSL 
2; (2) conduct teardowns and/or utilize design option approaches to 
determine costs for product classes 2b and 2c; and (3) consider costs 
that maintain charge rate (slow or fast), given that slower chargers 
can be less costly due to a lower power output level. NEEA commented 
that if an expanded engineering analysis reveals that current CSL 
levels are not cost-effective in wired charges, NEEA recommends that 
DOE consider alternative combinations and standby and active mode that 
are more likely to be cost-effective, and adding an additional CSL 
level between CSL 0 and CSL 1. (NEEA, No. 16 at pp. 2-3)
    DOE acknowledges that better representativeness can be achieved 
through additional testing and teardowns. Therefore, for the NOPR 
analysis, DOE has expanded the representative unit size significantly 
to cover more battery energy ranges and different end product types. 
DOE has also conducted various manufacturer interviews to get more 
direct design and cost information from stakeholders to calibrate DOE's 
internal teardown results, which improves the accuracy and 
representativeness of DOE's battery charger cost-efficiency 
relationship. Details of how DOE updated its cost analysis can be found 
in chapter 5 of the NOPR TSD.
    To account for manufacturers' non-production costs and profit 
margin, DOE applies a multiplier (the manufacturer markup) to the MPC. 
The resulting manufacturer selling price (``MSP'') is the price at 
which the manufacturer distributes a unit into commerce. DOE, 
throughout this NOPR analysis, is using the average manufacturer markup 
presented in the June 2016 final rule. This markup was determined based 
on information collected during the manufacturer interviews preceding 
that rulemaking. More detail on the manufacturer markup is given in 
section IV.D of this document.
3. Cost-Efficiency Results
    The results of the engineering analysis are presented as cost-
efficiency data for each product class by efficiency levels. The cost-
efficiency curves are described by the efficiency levels DOE analyzed 
and the increase in MPC required to improve a baseline-efficiency 
product to each of the considered efficiency levels. DOE recognizes 
that costs of battery chargers vary according to the energy of the 
battery it is intended to charge. DOE analyzed costs at various battery 
energies from different battery energy groups for each CSL as shown 
below. These representative battery energies were selected based on 
areas of significant market density, as indicated by entries in the 
CCD. They also span a wide range of battery energy groups for which the 
CSL equations were defined. For battery energy groups for which DOE 
lacks direct teardown costs, DOE extrapolated these costs from 
representative units that DOE has physically torn down and calibrated 
DOE's extrapolation with price information DOE acquired from 
manufacturer interviews.
    Tables and plots with MPC results, as well as extrapolation methods 
used both within and across each product class, are presented below as 
well as in greater detail in chapter 5 of the NOPR TSD.
    DOE requests stakeholder feedbacks on these analyzed incremental 
costs as well as any topic covered in chapter 5 of the NOPR TSD. DOE 
also welcomes stakeholders to submit their own cost-efficiency results, 
should there be any.

[[Page 16131]]



--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                                                Incremental MPC ($)
             Product class                      Product class name        Battery energy ---------------------------------------------------------------
                                                                               (Wh)            Base            CSL 1           CSL 2           CSL 3
--------------------------------------------------------------------------------------------------------------------------------------------------------
1a.....................................  Fixed-Location Wireless Charger              12            0.00            0.67            1.51            3.52
1b.....................................  Open-Placement Wireless Charger             N/A            0.00            0.53            1.49            2.14
2a.....................................  Low-Energy Wired Battery                      5            0.00            0.23            0.63            0.75
                                          Charger (<=100Wh).                          12            0.00            0.40            0.77            1.59
                                                                                      25            0.00            0.55            1.00            1.85
                                                                                      75            0.00            0.93            1.60            2.67
2b.....................................  Medium-Energy Wired Battery                 200            0.00            1.58            2.45            3.24
                                          Charger (100-1000Wh).                      420            0.00            3.35            5.20            6.86
2c.....................................  High-Energy Wired Battery                  2000            0.00            3.35            5.20            6.86
                                          Charger (>1000Wh).
--------------------------------------------------------------------------------------------------------------------------------------------------------

D. Markups Analysis

    The markups analysis develops appropriate markups (e.g., retailer 
markups, distributor markups, contractor markups) in the distribution 
chain and sales taxes to convert the MSP estimates derived in the 
engineering analysis to consumer prices, which are then used in the LCC 
and PBP analysis and in the manufacturer impact analysis. At each step 
in the distribution channel, companies mark up the price of the product 
to cover business costs and profit margin.
    For battery chargers, the main parties in the distribution chain 
are battery charger manufacturers, end-use product original equipment 
manufacturers, consumer product retailers, and consumers. 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.\16\
---------------------------------------------------------------------------

    \16\ 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.
---------------------------------------------------------------------------

    In the March 2022 Preliminary Analysis, DOE used the same baseline 
and incremental markups that were used in the June 2016 Final Rule.\17\ 
DOE did not receive any comments regarding the markups or distribution 
channels in the March 2022 Preliminary Analysis, therefore DOE used the 
same markups in this NOPR.
---------------------------------------------------------------------------

    \17\ See Chapter 6 of the 2016 Final Rule Technical Support 
Document for Battery Chargers. (Available at: <a href="http://www.regulations.gov/document/EERE-2008-BT-STD-0005-0257">www.regulations.gov/document/EERE-2008-BT-STD-0005-0257</a>) (last accessed Sept. 12, 2022). 
See also Chapter 6 of the 2022 Preliminary Analysis Technical 
Support Document for Battery Chargers. (Available at: 
<a href="http://www.regulations.gov/document/EERE-2020-BT-STD-0013-0009">www.regulations.gov/document/EERE-2020-BT-STD-0013-0009</a>) (last 
accessed Sept. 12, 2022).
---------------------------------------------------------------------------

    Chapter 6 of the NOPR TSD provides details on DOE's development of 
markups for battery chargers.
    DOE requests comment on the estimated increased manufacturer 
markups and incremental MSPs that result from the analyzed energy 
conservation standards from the NOPR engineering analysis.

E. Energy Use Analysis

    The purpose of the energy use analysis is to determine the annual 
energy consumption of battery chargers at different efficiencies in 
representative U.S. single-family homes, multi-family residences, and 
commercial buildings, and to assess the energy savings potential of 
increased battery charger efficiency. The energy use analysis estimates 
the range of energy use of battery chargers in the field (i.e., as they 
are actually used by consumers). The energy use analysis provides the 
basis for other analyses DOE performs, particularly assessments of the 
energy savings and the savings in consumer operating costs that could 
result from adoption of amended or new standards.
    In the March 2022 Preliminary Analysis, DOE used usage profiles 
that were developed in the June 2016 Final Rule, along with efficiency 
data at different load conditions, to calculate the UECs for battery 
chargers for a variety of applications.\18\ Usage profiles are 
estimates of the average time a device spends in each mode of 
operation. In the February 2023 NOPR for external power supplies, DOE 
updated some of the usage profiles for certain applications based on 
stakeholder comments. 88 FR 7284. For this analysis, DOE aligned the 
battery charger usage profiles for these applications with the EPS 
usage profiles for consistency.
---------------------------------------------------------------------------

    \18\ See appendix 7A of the 2016 Final Rule Technical Support 
Document for Battery Chargers. (Available at: <a href="http://www.regulations.gov/document/EERE-2008-BT-STD-0005-0257">www.regulations.gov/document/EERE-2008-BT-STD-0005-0257</a>) (last accessed Sept. 12, 2022). 
See also appendix 7A of the 2022 Preliminary Analysis Technical 
Support Document for Battery Chargers. (Available at: 
<a href="http://www.regulations.gov/document/EERE-2020-BT-STD-0013-0009">www.regulations.gov/document/EERE-2020-BT-STD-0013-0009</a>) (last 
accessed Sept. 12, 2022).
---------------------------------------------------------------------------

    Chapter 7 of the NOPR TSD provides details on DOE's energy use 
analysis for battery chargers.

F. Life-Cycle Cost and Payback Period Analysis

    DOE conducted LCC and PBP analyses to evaluate the economic impacts 
on individual consumers of potential energy conservation standards for 
battery chargers. 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.
    For any given efficiency level, DOE measures the change in LCC 
relative to the LCC in the no-new-standards case, which reflects the 
estimated efficiency distribution of battery chargers in the absence of 
new or amended energy conservation standards. In contrast, the PBP for 
a given efficiency level is

[[Page 16132]]

measured relative to the baseline product.
    For each considered efficiency level in each product class, DOE 
calculated the LCC and PBP for a nationally representative set of 
housing units and commercial buildings. DOE developed household samples 
from the 2015 Residential Energy Consumption Survey \19\ (RECS 2015) 
and the 2018 Commercial Building Energy Consumption Survey \20\ (CBECS 
2018). For each sample household, DOE determined the energy consumption 
for the battery chargers and the appropriate energy price. By 
developing a representative sample of households, the analysis captured 
the variability in energy consumption and energy prices associated with 
the use of battery chargers.
---------------------------------------------------------------------------

    \19\ <a href="http://www.eia.gov/consumption/residential/data/2015/">www.eia.gov/consumption/residential/data/2015/</a> (last 
accessed Sept. 12, 2022). EIA is currently working on RECS 2020, and 
the entire RECS 2020 microdata are expected to be fully released in 
early 2023. Until that time, RECS 2015 remains the most recent full 
data release. For future analyses, DOE plans to consider using the 
complete RECS 2020 microdata when available.
    \20\ <a href="http://www.eia.gov/consumption/commercial/">www.eia.gov/consumption/commercial/</a> (last accessed Sept. 
12, 2022).
---------------------------------------------------------------------------

    Inputs to the calculation of total installed cost include the cost 
of the product--which includes MPCs, manufacturer markups, retailer and 
distributor markups, and sales taxes--and installation costs. Inputs to 
the calculation of operating expenses include annual energy 
consumption, energy prices and price projections, repair and 
maintenance costs, product lifetimes, and discount rates. DOE created 
distributions of values for product lifetime, discount rates, and sales 
taxes, with probabilities attached to each value, to account for their 
uncertainty and variability.
    The computer model DOE uses to calculate the LCC relies on a Monte 
Carlo simulation to incorporate uncertainty and variability into the 
analysis. The Monte Carlo simulations randomly sample input values from 
the probability distributions and battery chargers' user samples. For 
this rulemaking, the Monte Carlo approach is implemented in MS Excel. 
The model calculated the LCC for products at each efficiency level for 
10,000 housing units and commercial buildings per simulation run. The 
analytical results include a distribution of 10,000 data points showing 
the range of LCC savings for a given efficiency level relative to the 
no-new-standards case efficiency distribution. In performing an 
iteration of the Monte Carlo simulation for a given consumer, product 
efficiency is chosen based on its probability. If the chosen product 
efficiency is greater than or equal to the efficiency of the standard 
level under consideration, the LCC calculation reveals that a consumer 
is not impacted by the standard level. By accounting for consumers who 
already purchase more-efficient products, DOE avoids overstating the 
potential benefits from increasing product efficiency.
    DOE calculated the LCC and PBP for all consumers of battery 
chargers as if each were to purchase a new product in the expected year 
of required compliance with new or amended standards. New and amended 
standards would apply to battery chargers manufactured 2 years after 
the date on which any new or amended standard is published. (42 U.S.C. 
6295(u)) At this time, DOE estimates publication of a final rule in 
late 2024, therefore, for purposes of this analysis, DOE used 2027 as 
the first year of compliance with any amended standards for EPSs.
    Table IV.7 summarizes the approach and data DOE used to derive 
inputs to the LCC and PBP calculations. The subsections that follow 
provide further discussion. Details of the spreadsheet model, and of 
all the inputs to the LCC and PBP analyses, are contained in chapter 8 
of the NOPR TSD and its appendices.

Table IV.7--Summary of Inputs and Methods for the LCC and PBP Analysis *
------------------------------------------------------------------------
                 Inputs                           Source/method
------------------------------------------------------------------------
Product Cost...........................  Derived by multiplying MPCs by
                                          battery charger manufacturer
                                          and appliance manufacturer
                                          markups and sales tax, as
                                          appropriate. Used historical
                                          Product Price Index (PPI) data
                                          for semiconductors to derive a
                                          price scaling index to project
                                          product costs.
Installation Costs.....................  No installation costs.
Annual Energy Use......................  The total annual energy use
                                          calculated using product
                                          efficiency and operating
                                          hours.
                                         Variability: Based on the 2015
                                          RECS and 2018 CBECS.
Energy Prices..........................  Electricity: EIA data--2021.
                                         Variability: Census Division.
Energy Price Trends....................  Based on AEO2022 price
                                          projections.
Repair and Maintenance Costs...........  No repair or maintenance costs
                                          were considered.
Product Lifetime.......................  Average: 3 to 10 years.
Discount Rates.........................  Approach involves identifying
                                          all possible debt or asset
                                          classes that might be used to
                                          purchase the considered
                                          appliances, or might be
                                          affected indirectly. Primary
                                          data source was the Federal
                                          Reserve Board's Survey of
                                          Consumer Finances.
Compliance Date........................  2027.
------------------------------------------------------------------------
* References for the data sources mentioned in this table are provided
  in the sections following the table or in chapter 8 of the NOPR TSD.

1. Product Cost
    To calculate consumer product costs, DOE multiplied the MPCs 
developed in the engineering analysis by the markups described 
previously (along with sales taxes). DOE used different markups for 
baseline products and higher-efficiency products because DOE applies an 
incremental markup to the increase in MSP associated with higher-
efficiency products.
    In the March 2022 Preliminary Analysis, DOE did not use any price 
trend.\21\ In response, the CA IOUs commented that based on American 
Council for an Energy-Efficient Economy information and price 
comparisons, DOE has historically overestimated its forecasts of the 
incremental cost for products subject to standards due to energy 
conservation policies that may accelerate the decline of appliance 
costs due to increased production and innovation. (CA IOUs, No. 18 at 
pp. 5-6) The CA IOUs further commented that battery chargers are 
increasingly employing gallium nitride (GaN) semiconductors as a 
primary cost component, and GaN semiconductor costs are expected to 
decrease substantially; in addition, GaN topologies require fewer 
components and heat dissipation needs, causing system-level costs to 
decrease. For these reasons, DOE should include price learning in its 
analysis of battery chargers and develop criteria for applying price 
learning in all cases involving products with rapidly expanding sales 
volumes or based on components or materials that are likely

[[Page 16133]]

to experience declining costs. (CA IOUs, No. 18 at pp. 6-7)
---------------------------------------------------------------------------

    \21\ See Chapters 8 and 10 of the 2022 Preliminary Analysis 
Technical Support Document for Battery Chargers. (Available at: 
<a href="http://www.regulations.gov/document/EERE-2020-BT-STD-0013-0009">www.regulations.gov/document/EERE-2020-BT-STD-0013-0009</a>) (last 
accessed Sept. 12, 2022).
---------------------------------------------------------------------------

    The Joint Efficiency Advocates stated that with price learning not 
addressed in the preliminary analysis, costs to achieve higher 
efficiency levels over the analysis period could be overestimated; 
learning rates associated with semiconductors are especially important 
because improved semiconductors are a key technology option for 
reaching higher efficiency levels. (Joint Efficiency Advocates, No. 19 
at p. 2)
    NEEA also commented that DOE should incorporate manufacturer price 
learning and leverage general semiconductor price data into its 
analysis of life-cycle cost and payback period for battery chargers. 
(NEEA, No. 16 at p. 3)
    DOE agrees with the commenters that costs for electronic components 
are likely to change during the analysis period. In this NOPR, DOE has 
incorporated a price trend based on the PPI for semiconductors,\22\ 
with an estimated annual deflated price decline of approximately 6 
percent per year from 1967 through 2021. DOE applied this price trend 
to the proportion of battery charger costs attributable to 
semiconductors, which is estimated at 90 percent of incremental costs.
---------------------------------------------------------------------------

    \22\ Producer Price Index: Semiconductors and Related 
Manufacturing. Series ID: PCU334413334413. (Available at: 
<a href="http://beta.bls.gov/dataViewer/view/timeseries/PCU334413334413">beta.bls.gov/dataViewer/view/timeseries/PCU334413334413</a>) (last 
accessed Sept. 12, 2022).
---------------------------------------------------------------------------

2. Annual Energy Consumption
    For each sampled household or commercial business, DOE determined 
the energy consumption for a battery charger at different efficiency 
levels using the approach described previously in section IV.E of this 
document.
3. Energy Prices
    Because marginal electricity price more accurately captures the 
incremental savings associated with a change in energy use from higher 
efficiency, it provides a better representation of incremental change 
in consumer costs than average electricity prices. Therefore, DOE 
applied average electricity prices for the energy use of the product 
purchased in the no-new-standards case, and marginal electricity prices 
for the incremental change in energy use associated with the other 
efficiency levels considered.
    For the NOPR, DOE derived average monthly residential and 
commercial marginal electricity prices for the various regions using 
2021 data from EIA.\23\
---------------------------------------------------------------------------

    \23\ U.S. Department of Energy-Energy Information 
Administration, Form EIA-861M (formerly EIA-826) Database Monthly 
Electric Utility Sales and Revenue Data (1990-2020). (Available at: 
<a href="http://www.eia.gov/electricity/data/eia861m/">www.eia.gov/electricity/data/eia861m/</a>) (last accessed Sept. 12, 
2022).
---------------------------------------------------------------------------

    To estimate energy prices in future years, DOE multiplied the 2021 
energy prices by the projection of annual average price changes for 
each of the nine census divisions from the Reference case in AEO2022, 
which has an end year of 2050.\24\ To estimate price trends after 2050, 
DOE used the average annual rate of change in prices from 2023 through 
2050.
---------------------------------------------------------------------------

    \24\ EIA. Annual Energy Outlook 2022 with Projections to 2050. 
Washington, DC. (Available at <a href="http://www.eia.gov/forecasts/aeo/">www.eia.gov/forecasts/aeo/</a>) (last 
accessed Sept. 12, 2022).
---------------------------------------------------------------------------

    See chapter 8 of the NOPR TSD for details.
4. Product Lifetime
    In the March 2022 Preliminary Analysis, DOE based the battery 
charger lifetime on the lifetime of the application for which it is 
associated.\25\ In the February 2023 NOPR for external power supplies, 
DOE increased the lifetime for several applications based on 
stakeholder comments. 88 FR 7284. For this analysis, DOE aligned the 
application lifetimes (and thus battery charger lifetimes) for these 
applications with the EPS lifetime estimates for consistency.
---------------------------------------------------------------------------

    \25\ See Chapter 8 of the 2022 Preliminary Analysis Technical 
Support Document for Battery Chargers. (Available at: 
<a href="http://www.regulations.gov/document/EERE-2020-BT-STD-0013-0009">www.regulations.gov/document/EERE-2020-BT-STD-0013-0009</a>) (last 
accessed Sept. 12, 2022).
---------------------------------------------------------------------------

5. Discount Rates
    In the calculation of LCC, DOE applies discount rates appropriate 
to households and commercial buildings to estimate the present value of 
future operating cost savings. DOE estimated a distribution of discount 
rates for battery chargers based on the opportunity cost of consumer 
funds.
    For residential households, DOE applies weighted average discount 
rates calculated from consumer debt and asset data, rather than 
marginal or implicit discount rates.\26\ The LCC analysis estimates net 
present value over the lifetime of the product, so the appropriate 
discount rate will reflect the general opportunity cost of household 
funds, taking this time scale into account. Given the long time horizon 
modeled in the LCC analysis, the application of a marginal interest 
rate associated with an initial source of funds is inaccurate. 
Regardless of the method of purchase, consumers are expected to 
continue to rebalance their debt and asset holdings over the LCC 
analysis period, based on the restrictions consumers face in their debt 
payment requirements and the relative size of the interest rates 
available on debts and assets. DOE estimates the aggregate impact of 
this rebalancing using the historical distribution of debts and assets.
---------------------------------------------------------------------------

    \26\ The implicit discount rate is inferred from a consumer 
purchase decision between two otherwise identical goods with 
different first cost and operating cost. It is the interest rate 
that equates the increment of first cost to the difference in net 
present value of lifetime operating cost, incorporating the 
influence of several factors: transaction costs; risk premiums and 
response to uncertainty; time preferences; interest rates at which a 
consumer is able to borrow or lend. The implicit discount rate is 
not appropriate for the LCC analysis because it reflects a range of 
factors that influence consumer purchase decisions, rather than the 
opportunity cost of the funds that are used in purchases.
---------------------------------------------------------------------------

    To establish residential discount rates for the LCC analysis, DOE 
identified all relevant household debt or asset classes in order to 
approximate a consumer's opportunity cost of funds related to appliance 
energy cost savings. It estimated the average percentage shares of the 
various types of debt and equity by household income group using data 
from the Federal Reserve Board's Survey of Consumer Finances \27\ 
(``SCF'') for 1995, 1998, 2001, 2004, 2007, 2010, and 2013. Using the 
SCF and other sources, DOE developed a distribution of rates for each 
type of debt and asset by income group to represent the rates that may 
apply in the year in which amended standards would take effect. DOE 
assigned each sample household a specific discount rate drawn from one 
of the distributions. The average rate across all types of household 
debt and equity and income groups, weighted by the shares of each type, 
is 4.1% percent.
---------------------------------------------------------------------------

    \27\ Board of Governors of the Federal Reserve System. Survey of 
Consumer Finances. 1995, 1998, 2001, 2004, 2007, 2010, and 2013. 
(Available at: <a href="http://www.federalreserve.gov/econres/scfindex.htm">www.federalreserve.gov/econres/scfindex.htm</a>) (last 
accessed Sept. 12, 2022).
---------------------------------------------------------------------------

    For commercial buildings, DOE derived the discount rates for the 
LCC analysis by estimating the cost of capital for companies or public 
entities that purchase EPSs. For private firms, the weighted average 
cost of capital (``WACC'') is commonly used to estimate the present 
value of cash flows to be derived from a typical company project or 
investment. Most companies use both debt and equity capital to fund 
investments, so their cost of capital is the weighted average of the 
cost to the firm of equity and debt financing, as estimated from 
financial data for publicly traded firms across all commercial sectors. 
The average commercial cost of capital is 6.7%.
    See chapter 8 of the NOPR TSD for further details on the 
development of consumer discount rates.

[[Page 16134]]

6. Energy Efficiency Distribution in the No-New-Standards Case
    To accurately estimate the share of consumers that would be 
affected by a potential energy conservation standard at a particular 
efficiency level, DOE's LCC analysis considered the projected 
distribution (market shares) of product efficiencies under the no-new-
standards case (i.e., the case without amended or new energy 
conservation standards).
    In the March 2022 Preliminary Analysis, DOE used the CCD \28\ to 
estimate the energy efficiency distribution of battery chargers for 
2027.\29\ DOE updated these distributions based on the latest data in 
CCD. For wireless chargers, DOE estimated the efficiency distributions 
based on the models tested and used for the engineering analysis. The 
estimated market shares for the no-new-standards case for battery 
chargers are shown in Table IV.8. See chapter 8 of the NOPR TSD for 
further information on the derivation of the efficiency distributions.
---------------------------------------------------------------------------

    \28\ <a href="https://www.regulations.doe.gov/ccms">https://www.regulations.doe.gov/ccms</a>.
    \29\ See Chapter 8 of the 2022 Preliminary Analysis Technical 
Support Document for Battery Chargers. (Available at: 
<a href="http://www.regulations.gov/document/EERE-2020-BT-STD-0013-0009">www.regulations.gov/document/EERE-2020-BT-STD-0013-0009</a>) (last 
accessed Sept. 12, 2022).

              Table IV.8--Estimated Market Shares of Battery Chargers in the No-New-Standards Case
----------------------------------------------------------------------------------------------------------------
                                                                                       Above
      Representative unit (battery energy)         Baseline (%)    Intermediate    intermediate    Max-Tech (%)
                                                                        (%)             (%)
----------------------------------------------------------------------------------------------------------------
10Wh............................................             9.8            48.9            19.4            21.9
10-50Wh (RPU 12.7Wh)............................            26.1            53.0            18.1             2.8
10-50Wh (RPU 25Wh)..............................            26.1            53.0            18.1             2.8
50-100Wh (RPU 75Wh).............................            20.6            51.5            27.8             0.1
100-400Wh (RPU 200Wh)...........................            19.7            27.5            37.6            15.2
400-1000Wh (RPU 420Wh)..........................            19.7            27.5            37.6            15.2
>1000Wh (RPU 2000Wh)............................            38.5            36.1            13.6            11.8
Fixed-Location wireless charger.................             8.3            25.0            58.3             8.3
Open-Placement wireless charger.................             6.7            20.0            20.0            53.3
----------------------------------------------------------------------------------------------------------------

7. Payback Period Analysis
    The payback period is the amount of time (expressed in years) it 
takes the consumer to recover the additional installed cost of more-
efficient products, compared to baseline products, through energy cost 
savings. Payback periods that exceed the life of the product mean that 
the increased total installed cost is not recovered in reduced 
operating expenses.
    The inputs to the PBP calculation for each efficiency level are the 
change in total installed cost of the product and the change in the 
first-year annual operating expenditures relative to the baseline. DOE 
refers to this as a ``simple PBP'' because it does not consider changes 
over time in operating cost savings. The PBP calculation uses the same 
inputs as the LCC analysis when deriving first-year operating costs.
    As noted previously, 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 first year's energy savings resulting from the standard, 
as calculated under the applicable test procedure. (42 U.S.C. 
6295(o)(2)(B)(iii)) For each considered efficiency level, DOE 
determined the value of the first year's energy savings by calculating 
the energy savings in accordance with the applicable DOE test 
procedure, and multiplying those savings by the average energy price 
projection for the year in which compliance with the amended standards 
would be required.
    The Joint Trade Associations and Delta-Q commented that amended 
standards for battery chargers are not economically justified because 
the payback periods are far longer than the average useful life of the 
product; therefore, most consumers will experience a net cost through 
amended standards. The Joint Trade Associations further recommended 
that DOE focus on other rulemakings for potential significant energy 
savings. (Joint Trade Associations, No. 17 at p. 1; Delta-Q, No. 20 at 
p. 1)
    DOE notes that the preliminary analysis did not propose any 
specific standard level. For this NOPR, DOE's evaluation of the 
economic justification of potential standard levels, including the 
consideration of payback periods, is provided in section V.C.

G. Shipments Analysis

    DOE uses projections of annual product shipments to calculate the 
national impacts of potential amended or new energy conservation 
standards on energy use, NPV, and future manufacturer cash flows.\30\ 
The shipments model takes an accounting approach, tracking market 
shares of each product class and the vintage of units in the stock. 
Stock accounting uses product shipments as inputs to estimate the age 
distribution of in-service product stocks for all years. The age 
distribution of in-service product stocks is a key input to 
calculations of both the national energy savings (``NES'') and NPV, 
because operating costs for any year depend on the age distribution of 
the stock.
---------------------------------------------------------------------------

    \30\ DOE uses data on manufacturer shipments as a proxy for 
national sales, as aggregate data on sales are lacking. In general, 
one would expect a close correspondence between shipments and sales.
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    In the March 2022 Preliminary Analysis, DOE developed shipments 
estimates based on actual shipments from 2019 and a population growth 
rate based on U.S. Census population projections through 2050.\31\ DOE 
did not receive any comments on the shipments analysis and therefore 
used this same approach in the NOPR.
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    \31\ See Chapter 9 of the 2022 Preliminary Analysis Technical 
Support Document for Battery Chargers. (Available at: 
<a href="http://www.regulations.gov/document/EERE-2020-BT-STD-0013-0009">www.regulations.gov/document/EERE-2020-BT-STD-0013-0009</a>) (last 
accessed Sept. 12, 2022).
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    See Chapter 9 of the NOPR TSD for more detail on the shipments 
analysis.
    DOE requests comment on its methodology for estimating shipments. 
DOE also requests comment on its approach to estimate the market share 
for EPSs of all product classes.

H. National Impact Analysis

    The NIA assesses the NES and the NPV from a national perspective of 
total consumer costs and savings that would be expected to result from 
new or amended standards at specific efficiency levels.\32\ 
(``Consumer'' in this context

[[Page 16135]]

refers to consumers of the product being regulated.) 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 battery chargers sold from 2027 through 2056.
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    \32\ 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. The no-
new-standards case characterizes energy use and consumer 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 
(i.e., the TSLs or standards cases) for that class. For the standards 
cases, DOE considers how a given standard would likely affect the 
market shares of products 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 TSL. 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.
    Table IV.9 summarizes the inputs and methods DOE used for the NIA 
analysis for the NOPR. Discussion of these inputs and methods follows 
the table. See chapter 10 of the NOPR TSD for further details.

    Table IV.9--Summary of Inputs and Methods for the National Impact
                                Analysis
------------------------------------------------------------------------
              Inputs                               Method
------------------------------------------------------------------------
Shipments.........................  Annual shipments from shipments
                                     model.
Compliance Date of Standard.......  2027.
Efficiency Trends.................  No-new-standards case: Varies by
                                     application.
Annual Energy Consumption per Unit  Annual weighted-average values are a
                                     function of energy use at each TSL.
Total Installed Cost per Unit.....  Annual weighted-average values are a
                                     function of cost at each TSL.
                                    Incorporates projection of future
                                     product prices based on historical
                                     data.
Annual Energy Cost per Unit.......  Annual weighted-average values as a
                                     function of the annual energy
                                     consumption per unit and energy
                                     prices.
Repair and Maintenance Cost per     Annual values do not change with
 Unit.                               efficiency level.
Energy Price Trends...............  AEO2022 projections (to 2050) and
                                     extrapolation thereafter based on
                                     the growth rate from 2023-2050.
Energy Site-to-Primary and FFC      A time-series conversion factor
 Conversion.                         based on AEO2022.
Discount Rate.....................  3 percent and 7 percent.
Present Year......................  2022.
------------------------------------------------------------------------

1. Product Efficiency Trends
    A key component of the NIA is the trend in energy efficiency 
projected for the no-new-standards case and each of the standards 
cases. Section IV.F.6 of this document describes how DOE developed an 
energy efficiency distribution for the no-new-standards case (which 
yields a shipment-weighted average efficiency) for each of the 
considered product classes for the first full year of anticipated 
compliance with an amended or new standard. To project the trend in 
efficiency absent amended standards for battery chargers over the 
entire shipments projection period, DOE assumed a constant efficiency 
trend. The approach is further described in chapter 10 of the NOPR TSD.
    For the standards cases, DOE used a ``roll-up'' scenario to 
establish the shipment-weighted efficiency for the year that standards 
are assumed to become effective (2027). In this scenario, the market 
shares of products in the no-new-standards case that do not meet the 
standard under consideration would ``roll up'' to meet the new standard 
level, and the market share of products above the standard would remain 
unchanged.
    To develop standards case efficiency trends after 2027, DOE used a 
constant efficiency trend, keeping the distribution equal to the 
compliance year.
2. National Energy Savings
    The national energy savings analysis involves a comparison of 
national energy consumption of the considered products between each 
potential standards case (``TSL'') and the case with no new or amended 
energy conservation standards. DOE calculated the national energy 
consumption by multiplying the number of units (stock) of each product 
(by vintage or age) by the unit energy consumption (also by vintage). 
DOE calculated annual NES based on the difference in national energy 
consumption for the no-new standards case and for each higher 
efficiency standard case. DOE estimated energy consumption and savings 
based on site energy and converted the electricity consumption and 
savings to primary energy (i.e., the energy consumed by power plants to 
generate site electricity) using annual conversion factors derived from 
AEO2022. Cumulative energy savings are the sum of the NES for each year 
over the timeframe of the analysis.
    Use of higher-efficiency products is occasionally associated with a 
direct rebound effect, which refers to an increase in utilization of 
the product due to the increase in efficiency. DOE did not consider a 
rebound effect in this analysis, because the price differences by EL 
and energy use are so small that any rebound effect would be close to 
zero.
    In 2011, in response to the recommendations of a committee on 
``Point-of-Use and Full-Fuel-Cycle Measurement Approaches to Energy 
Efficiency Standards'' appointed by the National Academy of Sciences, 
DOE announced its intention to use FFC measures of energy use and 
greenhouse gas and other emissions in the national impact analyses and 
emissions analyses included in future energy conservation standards 
rulemakings. 76 FR 51281 (Aug. 18, 2011). After evaluating the 
approaches discussed in the August 18, 2011 notice, DOE published a 
statement

[[Page 16136]]

of amended policy in which DOE explained its determination that EIA's 
National Energy Modeling System (``NEMS'') is the most appropriate tool 
for its FFC analysis and its intention to use NEMS for that purpose. 77 
FR 49701 (Aug. 17, 2012). NEMS is a public domain, multi-sector, 
partial equilibrium model of the U.S. energy sector \33\ that EIA uses 
to prepare its Annual Energy Outlook. The FFC factors incorporate 
losses in production and delivery in the case of natural gas (including 
fugitive emissions) and additional energy used to produce and deliver 
the various fuels used by power plants. The approach used for deriving 
FFC measures of energy use and emissions is described in appendix 10B 
of the NOPR TSD.
---------------------------------------------------------------------------

    \33\ For more information on NEMS, refer to The National Energy 
Modeling System: An Overview 2009, DOE/EIA-0581(2009), October 2009. 
Available at <a href="http://www.eia.gov/forecasts/aeo/index.cfm">www.eia.gov/forecasts/aeo/index.cfm</a> (last accessed 
December 2, 2022).
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3. Net Present Value Analysis
    The inputs for determining the NPV of the total costs and benefits 
experienced by consumers are (1) total annual installed cost, (2) total 
annual operating costs (energy costs and repair and maintenance costs), 
and (3) a discount factor to calculate the present value of costs and 
savings. DOE calculates net savings each year as the difference between 
the no-new-standards case and each standards case in terms of total 
savings in operating costs versus total increases in installed costs. 
DOE calculates operating cost savings over the lifetime of each product 
shipped during the projection period.
    As discussed in section IV.F.1 of this document, DOE developed 
battery charger price trends based on historical PPI data for the 
semiconductor industry. DOE applied the same trends to project prices 
for each product class at each considered efficiency level. By 2056, 
which is the end date of the projection period, the average battery 
charger price is projected to drop 90 percent relative to 2021. DOE's 
projection of product prices is described in chapter 8 of the NOPR TSD.
    The operating cost savings are energy cost savings, which are 
calculated using the estimated energy savings in each year and the 
projected price of the appropriate form of energy. To estimate energy 
prices in future years, DOE multiplied the average regional energy 
prices by the projection of annual national-average residential and 
commercial energy price changes in the Reference case from AEO2022, 
which has an end year of 2050. To estimate price trends after 2050, DOE 
used the average annual rate of change in prices from 2020 through 
2050.
    In calculating the NPV, DOE multiplies the net savings in future 
years by a discount factor to determine their present value. For this 
NOPR, DOE estimated the NPV of consumer benefits using both a 3-percent 
and a 7-percent real discount rate. DOE uses these discount rates in 
accordance with guidance provided by the Office of Management and 
Budget (``OMB'') to Federal agencies on the development of regulatory 
analysis.\34\ The discount rates for the determination of NPV are in 
contrast to the discount rates used in the LCC analysis, which are 
designed to reflect a consumer's perspective. The 7-percent real value 
is an estimate of the average before-tax rate of return to private 
capital in the U.S. economy. The 3-percent real value represents the 
``social rate of time preference,'' which is the rate at which society 
discounts future consumption flows to their present value.
---------------------------------------------------------------------------

    \34\ United States Office of Management and Budget. Circular A-
4: Regulatory Analysis. September 17, 2003. Section E. Available at 
<a href="http://georgewbush-whitehouse.archives.gov/omb/memoranda/m03-21.html">georgewbush-whitehouse.archives.gov/omb/memoranda/m03-21.html</a> (last 
accessed December 2, 2022).
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I. Consumer Subgroup Analysis

    In analyzing the potential impact of new or amended energy 
conservation standards on consumers, DOE evaluates the impact on 
identifiable subgroups of consumers that may be disproportionately 
affected by a new or amended national standard. The purpose of a 
subgroup analysis is to determine the extent of any such 
disproportional impacts. DOE evaluates impacts on particular subgroups 
of consumers by analyzing the LCC impacts and PBP for those particular 
consumers from alternative standard levels. For this NOPR, DOE analyzed 
the impacts of the considered standard levels on one subgroup: low-
income households. The analysis used subsets of the RECS 2015 and CBECS 
2018 sample composed of households that meet the criteria for the two 
subgroups. DOE used the LCC and PBP spreadsheet model to estimate the 
impacts of the considered efficiency levels on these subgroups. Chapter 
11 in the NOPR TSD describes the consumer subgroup analysis.

J. Manufacturer Impact Analysis

1. Overview
    DOE performed an MIA to estimate the financial impacts of amended 
energy conservation standards on manufacturers of battery chargers and 
to estimate the potential impacts of such standards on employment and 
manufacturing capacity. The MIA has both quantitative and qualitative 
aspects and includes analyses of projected industry cash flows, the 
INPV, investments in research and development (``R&D'') and 
manufacturing capital, and domestic manufacturing employment. 
Additionally, the MIA seeks to determine how amended energy 
conservation standards might affect manufacturing employment, capacity, 
and competition, as well as how standards contribute to overall 
regulatory burden. Finally, the MIA serves to identify any 
disproportionate impacts on manufacturer subgroups, including small 
business manufacturers.
    The quantitative part of the MIA primarily relies on the Government 
Regulatory Impact Model (``GRIM''), an industry cash flow model with 
inputs specific to this rulemaking. The key GRIM inputs include data on 
the industry cost structure, unit production costs, product shipments, 
manufacturer markups, and investments in R&D and manufacturing capital 
required to produce compliant products. The key GRIM outputs are the 
INPV, which is the sum of industry annual cash flows over the analysis 
period, discounted using the industry-weighted average cost of capital, 
and the impact to domestic manufacturing employment. The model uses 
standard accounting principles to estimate the impacts of more-
stringent energy conservation standards on a given industry by 
comparing changes in INPV and domestic manufacturing employment between 
a no-new-standards case and the various standards cases (``TSLs''). To 
capture the uncertainty relating to manufacturer pricing strategies 
following amended standards, the GRIM estimates a range of possible 
impacts under different markup scenarios.
    The qualitative part of the MIA addresses manufacturer 
characteristics and market trends. Specifically, the MIA considers such 
factors as a potential standard's impact on manufacturing capacity, 
competition within the industry, the cumulative impact of other DOE and 
non-DOE regulations, as well as impacts on manufacturer subgroups. The 
complete MIA is outlined in chapter 12 of the NOPR TSD.
    DOE conducted the MIA for this rulemaking in three phases. In Phase 
1 of the MIA, DOE prepared a profile of the battery charger 
manufacturing industry based on the market and technology assessment, 
manufacturer interviews, and publicly-available information. This 
included a top-down

[[Page 16137]]

analysis of battery charger manufacturers that DOE used to derive 
preliminary financial inputs for the GRIM (e.g., revenues; materials, 
labor, overhead, and depreciation expenses; selling, general, and 
administrative expenses (``SG&A''); and R&D expenses). DOE also used 
public sources of information to further calibrate its initial 
characterization of the battery charger manufacturing industry, 
including company filings of form 10-K from the U.S. Securities and 
Exchange Commission (``SEC''),\35\ corporate annual reports, the U.S. 
Census Bureau's Economic Census,\36\ and reports from D&B Hoovers.\37\
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    \35\ See <a href="http://www.sec.gov/edgar.shtml">www.sec.gov/edgar.shtml</a>.
    \36\ See <a href="http://www.census.gov/programs-surveys/asm/data.html">www.census.gov/programs-surveys/asm/data.html</a>.
    \37\ See <a href="http://app.dnbhoovers.com">app.dnbhoovers.com</a>.
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    In Phase 2 of the MIA, DOE prepared a framework industry cash-flow 
analysis to quantify the potential impacts of amended energy 
conservation standards. The GRIM uses several factors to determine a 
series of annual cash flows starting with the announcement of the 
standard and extending over a 30-year period following the compliance 
date of the standard. These factors include annual expected revenues, 
costs of sales, SG&A and R&D expenses, taxes, and capital expenditures. 
In general, energy conservation standards can affect manufacturer cash 
flow in three distinct ways: (1) creating a need for increased 
investment, (2) raising production costs per unit, and (3) altering 
revenue due to higher per-unit prices and changes in sales volumes.
    In Phase 3 of the M

[…truncated; see source link]
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