[Federal Register Volume 75, Number 178 (Wednesday, September 15, 2010)]
[Proposed Rules]
[Pages 56021-56024]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-23012]


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DEPARTMENT OF ENERGY

10 CFR Part 430

[Docket No. EERE-2008-BT-STD-0005]
RIN 1904-AB57


Energy Conservation Standards for Battery Chargers and External 
Power Supplies: Public Meeting and Availability of the Preliminary 
Technical Support Document

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

ACTION: Notice of public meeting and availability of preliminary 
technical support document.

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SUMMARY: The U.S. Department of Energy (DOE) will hold a public meeting 
to discuss and receive comments on the following: the product classes 
DOE plans to analyze for the purposes of amending energy conservation 
standards for Class A external power supplies (EPSs) and establishing 
energy conservation standards for battery chargers (BCs) and non-Class 
A EPSs; the analytical framework, models, and tools DOE is using to 
evaluate standards for these products; the results of preliminary 
analyses performed by DOE for these products; and potential energy 
conservation standard levels derived from these analyses that DOE could 
consider for these products. DOE also encourages interested parties to 
submit written comments on these subjects. To inform stakeholders and 
facilitate the public meeting and comments process, DOE has prepared an 
agenda, a preliminary technical support document (TSD), and briefing 
materials, which are available at: http://www1.eere.energy.gov/buildings/appliance_standards/residential/battery_external.html.

DATES: The Department will hold a public meeting on Wednesday, October 
13, 2010, from 9 a.m. to 5 p.m. in Washington, DC. Any person 
requesting to speak at the public meeting should submit such request, 
along with an electronic copy of the statement to be given at the 
public meeting, before 4 p.m., Wednesday, September 29, 2010. Written 
comments are welcome, especially following the public meeting, and 
should be submitted by October 15, 2010.

ADDRESSES: The public meeting will be held at the U.S. Department of 
Energy, Forrestal Building, Room 8E-089, 1000 Independence Avenue, SW., 
Washington, DC 20585-0121. Please note that foreign nationals 
participating in the public meeting are subject to advance security 
screening procedures. If a foreign national wishes to participate in 
the public meeting, please inform DOE of this fact as soon as possible 
by contacting Ms. Brenda Edwards at (202) 586-2945 so that the 
necessary procedures can be completed.
    Interested persons may submit comments, identified by docket number 
EERE-2008-BT-STD-0005, by any of the following methods:
     Federal eRulemaking Portal: http://www.regulations.gov. 
Follow the instructions for submitting comments.

[[Page 56022]]

     E-mail: [email protected]. Include EERE-2008-BT-STD-
0005 and/or RIN 1904-AB57 in the subject line of the message.
     Mail: Ms. Brenda Edwards, U.S. Department of Energy, 
Building Technologies Program, Mailstop EE-2J, Public Meeting for 
Battery Chargers and External Power Supplies, EERE-2008-BT-STD-0005 
and/or RIN 1904-AB57, 1000 Independence Avenue, SW., Washington, DC 
20585-0121. Phone: (202) 586-2945. Please submit one signed paper 
original.
     Hand Delivery/Courier: Ms. Brenda Edwards, U.S. Department 
of Energy, Building Technologies Program, 6th Floor, 950 L'Enfant 
Plaza, SW., Washington, DC 20024. Phone: (202) 586-2945. Please submit 
one signed paper original.
    Instructions: All submissions received must include the agency name 
and docket number or RIN for this rulemaking.
    Docket: For access to the docket to read background documents, a 
copy of the transcript of the public meeting, or comments received, go 
to the U.S. Department of Energy, 6th Floor, 950 L'Enfant Plaza, SW., 
Washington, DC 20024, (202) 586-2945, between 9 a.m. and 4 p.m., Monday 
through Friday, except Federal holidays. Please call Ms. Brenda Edwards 
at (202) 586-2945 for additional information regarding visiting the 
Resource Room.

FOR FURTHER INFORMATION CONTACT: Mr. Victor Petrolati, U.S. Department 
of Energy, Office of Energy Efficiency and Renewable Energy, Building 
Technologies Program, EE-2J, 1000 Independence Avenue, SW., Washington, 
DC 20585-0121. Telephone: (202) 586-4549. E-mail: 
[email protected].
    In the Office of General Counsel, contact Ms. Francine Pinto or Mr. 
Michael Kido, U.S. Department of Energy, Office of the General Counsel, 
GC-72, 1000 Independence Avenue, SW., Washington, DC 20585. Telephone: 
(202) 586-9507. E-mail: [email protected] or 
[email protected].

SUPPLEMENTARY INFORMATION:

Table of Contents

I. Statutory Authority
II. History of Standards Rulemaking for Battery Chargers and 
External Power Supplies
    A. Background
    B. Current Rulemaking Process
III. Summary of the Analyses Performed by DOE
    A. Engineering Analysis
    B. Markups to Determine Product Prices
    C. Energy Use Analysis
    D. Life-Cycle Cost and Payback Period Analyses
    E. National Impact Analysis

I. Statutory Authority

    Title III of the Energy Policy and Conservation Act (42 U.S.C. 6291 
et seq.; EPCA or the Act) sets forth a variety of provisions designed 
to improve energy efficiency. Part A of Title III (42 U.S.C. 6291-6309) 
establishes the ``Energy Conservation Program for Consumer Products 
Other Than Automobiles,'' which covers consumer products and certain 
commercial products (all of which are referred to below as ``covered 
products''), including BCs and EPSs.
    These provisions authorize the Department to establish energy 
efficiency standards for certain consumer products. Any new or amended 
standard for these products must (1) achieve the maximum improvement in 
energy efficiency that is technologically feasible and economically 
justified, and (2) result in significant conservation of energy. (42 
U.S.C. 6295(o)(2)(A)) To determine whether a proposed standard is 
economically justified, DOE must, after receiving comments on the 
proposed standard, determine whether the benefits of the standard 
exceed its burdens to the greatest extent practicable, considering the 
following seven factors:
    1. The economic impact of the standard on manufacturers and 
consumers of 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 which are likely to result from the imposition of the 
standard;
    3. The total projected amount of energy 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 conservation; and
    7. Other factors the Secretary [of Energy] considers relevant. (42 
U.S.C. 6295(o)(2)(B)(i))
    Prior to proposing a standard, DOE typically seeks public input on 
the analytical framework, models, and tools that will be used to 
evaluate standards; the results of preliminary analyses; and potential 
energy conservation standard levels derived from these analyses. With 
this notice DOE is announcing the availability of the preliminary 
technical support document (preliminary TSD), which details the 
preliminary analyses, discusses the comments on the framework document, 
and summarizes the preliminary results. In addition, DOE is announcing 
a public meeting to solicit feedback from interested parties on its 
analytical framework, models, and preliminary results.

II. History of Standards Rulemaking for Battery Chargers and External 
Power Supplies

    The following sections provide a brief summary of the rulemaking 
activities for battery charger and external power supply energy 
conservation standards.

A. Background

    Section 135 of the Energy Policy Act of 2005 (EPACT 2005), Public 
Law 109-58 amended sections 321 and 325 of EPCA by defining battery 
chargers and external power supplies and directing the Secretary to 
prescribe ``definitions and test procedures for the power use of 
battery chargers and external power supplies'' and to ``issue a final 
rule that determines whether energy conservation standards shall be 
issued for battery chargers and external power supplies or classes of 
battery chargers and external power supplies.'' (42 U.S.C. 
6295(u)(1)(A) and (E))
    On December 8, 2006, DOE complied with the first of these 
requirements by publishing a final rule that prescribed test procedures 
for a variety of products. 71 FR 71340, 71365-75. That rule, which is 
currently codified in multiple sections of the Code of Federal 
Regulations (CFR), included definitions and test procedures for BCs and 
EPSs. The test procedures for these products are found in 10 CFR part 
430, subpart B, appendix Y (``Uniform Test Method for Measuring the 
Energy Consumption of Battery Chargers'') and 10 CFR part 430, subpart 
B, appendix Z (``Uniform Test Method for Measuring the Energy 
Consumption of External Power Supplies'').
    DOE initiated the determination analysis rulemaking for BCs and 
EPSs in 2006, which included a scoping workshop on January 24, 2007, at 
DOE headquarters in Washington, DC Information pertaining to the 
scoping workshop can be found on DOE's Web site at http://www.eere.energy.gov/buildings/appliance_standards/residential/battery_external.html.

[[Page 56023]]

B. Current Rulemaking Process

    Subsequent to the activities noted above, Congress enacted the 
Energy Independence and Security Act of 2007 (EISA 2007), Public Law 
110-140 (Dec. 19, 2007), which, among other things, amended sections 
321, 323, and 325 of EPCA. As part of these amendments, EISA 2007 
altered the external power supply definition. Under the definition 
previously set by EPACT 2005, the statute defined an external power 
supply as ``an external power supply circuit that is used to convert 
household electric current into DC current or lower-voltage AC current 
to operate a consumer product.'' (42 U.S.C. 6291(36)(A)) Section 301 of 
EISA 2007 amended that definition by creating a subset of external 
power supplies called ``Class A External Power Supplies.'' The new 
subset of products consisted of those EPSs that are ``able to convert 
to only 1 AC or DC output voltage at a time'' and have ``nameplate 
output power that is less than or equal to 250 watts.'' The definition 
of Class A EPS excludes any device that ``requires Federal Food and 
Drug Administration listing and approval as a medical device in 
accordance with section 513 of the Federal Food, Drug, and Cosmetic Act 
(21 U.S.C. 360c)'' or ``powers the charger of a detachable battery pack 
or charges the battery of a product that is fully or primarily motor 
operated.'' (42 U.S.C. 6291(36)(C)) Section 301 of EISA 2007 also 
established for these products energy conservation standards that 
became effective on July 1, 2008, and directed DOE to conduct an energy 
conservation standards rulemaking to review those standards by July 1, 
2011.
    Additionally, section 309 of EISA 2007 amended section 325(u)(1)(E) 
of EPCA by directing DOE to issue a final rule that prescribes energy 
conservation standards for BCs or classes of BCs or to determine that 
no energy conservation standard is technologically feasible and 
economically justified. DOE is bundling this BC rulemaking proceeding 
with the requirement to review and consider amending the energy 
conservation standards for Class A EPSs, as both rulemakings must be 
completed by July 1, 2011. The new rulemaking requirements contained in 
sections 301 and 309 of EISA 2007 effectively superseded the prior 
determination analysis that EPACT 2005 required DOE to conduct.
    Section 309 of EISA 2007 also instructed DOE to ``issue a final 
rule that determines whether energy conservation standards shall be 
issued for external power supplies or classes of external power 
supplies'' no later than two years after EISA 2007's enactment. (42 
U.S.C. 6295(u)(1)(E)(i)(I)) Because DOE cannot conduct a determination 
analysis for a product for which standards have already been set, DOE 
interpreted these sections jointly as a requirement to determine, in a 
separate rulemaking, whether energy conservation standards are 
warranted for EPSs outside of Class A (non-Class A EPSs). Non-Class A 
EPSs include those with nameplate output power greater than 250 watts, 
those able to convert to more than one AC or DC output voltage at the 
same time, and those specifically excluded from coverage under the 
Class A EPS definition in EISA 2007 by virtue of their application, 
e.g., EPSs used with medical devices. DOE has determined that standards 
are warranted for non-Class A EPSs. The determination was published in 
the Federal Register on May 14, 2010. 75 FR 27170. Given the related 
nature of such products, DOE included non-Class A EPSs within the 
ongoing standards rulemaking.
    Finally, section 310 of EISA 2007 established definitions for 
active mode, standby mode, and off mode, and directed DOE to amend its 
existing test procedures for BCs and EPSs to measure the energy 
consumed in standby mode and off mode. (42 U.S.C. 6295(gg)(2)(B)(i)) 
Consequently, DOE published a final rule incorporating standby and off 
mode measurement into the DOE test procedure. 74 FR 13318, 13334-13336 
(March 27, 2009). DOE is now considering amending the test procedure 
for BCs to include BC active mode. A notice of proposed rulemaking 
(NOPR) was published in the Federal Register on April 2, 2010. 75 FR 
16958.
    To initiate the bundled BC and Class A EPS rulemaking, the 
Department published on its website the Energy Conservation Standards 
Rulemaking Framework Document for Battery Chargers and External Power 
Supplies (the framework document). The framework document explains the 
issues, analysis, and process DOE anticipates using to develop energy 
efficiency standards for those products. This document is available at: 
https://www1.eere.energy.gov/buildings/appliance_standards/residential/pdfs/bceps_frameworkdocument.pdf. DOE also published a 
notice announcing the availability of the framework document, a public 
meeting to discuss the proposed analytical framework, and inviting 
written comments concerning the development of standards for BCs and 
EPSs. 74 FR 26816 (June 4, 2009).
    DOE held a public meeting on July 16, 2009, to discuss the analyses 
and issues identified in various sections of the framework document. At 
the meeting, DOE described the different analyses it would conduct, the 
methods proposed for conducting them, and the relationships among the 
various analyses. Manufacturers, trade associations, environmental 
advocates, regulators, and other interested parties attended the 
meeting. Comments received since publication of the framework document 
have helped DOE identify and resolve issues involved in the preliminary 
analyses. Chapter 2 of the preliminary TSD summarizes and addresses the 
comments DOE received.

III. Summary of the Analyses Performed by DOE

    For each of the products currently under consideration, DOE 
conducted in-depth technical analyses in the following areas: (1) 
Engineering, (2) markups to determine product price, (3) energy use, 
(4) life-cycle cost (LCC) and payback period (PBP) analyses, and (5) 
national impact analysis (NIA). The preliminary TSD presents the 
methodology and results of each of these analyses. It is available at 
the Web address given in the SUMMARY section of this notice. The 
analyses are described in more detail below.
    DOE also conducted several other analyses that either support the 
five major analyses or are preliminary analyses that will be expanded 
upon for the NOPR. These analyses include the market and technology 
assessment, the screening analysis (which contributes to the 
engineering analysis), and the shipments analysis (which contributes to 
the NIA). In addition to these analyses, DOE has completed preliminary 
work on the manufacturer impact analysis (MIA) and identified the 
methods to be used for the LCC subgroup analysis, the environmental 
assessment, the employment impact analysis, the regulatory impact 
analysis, and the utility impact analysis. DOE will expand on these 
analyses in the NOPR.

A. Engineering Analysis

    The engineering analysis establishes the relationship between the 
cost and efficiency of a product DOE is evaluating. This relationship 
serves as the basis for cost-benefit calculations for individual 
consumers, manufacturers, and the nation. The engineering analysis 
identifies representative baseline products, which is the starting 
point for analyzing technologies that provide energy efficiency 
improvements. Baseline product refers to a model or models having 
features and technologies typically found in products currently offered 
for sale. The baseline model in each product class represents the

[[Page 56024]]

characteristics of the least efficient products in that class and, for 
products already subject to energy conservation standards, usually is a 
model that just meets the current standard. Chapter 5 of the 
preliminary TSD discusses the engineering analysis.

B. Markups To Determine Product Prices

    DOE derives consumer prices for products from data on manufacturer 
costs, manufacturer markups, retailer markups, distributor markups, and 
sales taxes. In deriving these markups, DOE has determined (1) the 
distribution channels for product sales; (2) the markup associated with 
each party in the distribution chain; and (3) the existence and 
magnitude of differences between markups for baseline products 
(baseline markups) and for more efficient products (incremental 
markups). DOE calculates both overall baseline and overall incremental 
markups based on the product markups at each step in the distribution 
chain. The overall incremental markup relates the change in the 
manufacturer sales price of higher efficiency models (the incremental 
cost increase) to the change in the retailer or distributor sales 
price. Chapter 6 of the preliminary TSD discusses estimating markups.

C. Energy Use Analysis

    The energy use analysis provides estimates of the annual energy 
consumption of BCs and EPSs. DOE uses these values in the LCC and PBP 
analyses and in the NIA. DOE developed energy consumption estimates for 
each of the products analyzed in the engineering analysis and for those 
non-analyzed product classes included in the NIA. Chapter 7 of the 
preliminary TSD discusses the energy use analysis.

D. Life-Cycle Cost and Payback Period Analyses

    The LCC and PBP analyses determine the economic impact of potential 
standards on individual consumers. The LCC is the total consumer 
expense for a product over the life of the product. The LCC analysis 
compares the LCCs of products designed to meet possible energy 
conservation standards with the LCCs of the products likely to be 
installed in the absence of standards. DOE determines LCCs by 
considering (1) total or incremental installed cost to the purchaser 
(which consists of manufacturer selling price, sales taxes, 
distribution chain markups, and installation cost); (2) the operating 
expenses of the products (energy use and maintenance); (3) product 
lifetime; and (4) a discount rate that reflects the real consumer cost 
of capital and puts the LCC in present-value terms. The PBP is the 
number of years needed to recover the increase in purchase price 
(including installation cost) of more efficient products through 
savings in the operating cost of the product. It is the quotient of the 
change in total installed cost due to increased efficiency divided by 
the change in annual operating cost from increased efficiency. Chapter 
8 of the preliminary TSD discusses the LCC and PBP analyses.

E. National Impact Analysis

    The NIA estimates the national energy savings (NES) and the net 
present value (NPV) of total consumer costs and savings expected to 
result from new standards at specific efficiency levels. DOE calculated 
NES and NPV for each candidate standard level as the difference between 
a base case forecast (without new standards) and the standards case 
forecast (with standards at that level). Cumulative energy savings are 
the sum of the annual NES determined over a specified time period. The 
national NPV is the sum over time of the discounted net savings each 
year, which consists of the difference between total operating cost 
savings and increases in total installed costs. Critical inputs to this 
analysis include shipments projections, estimated product lifetimes, 
and estimates of changes in shipments in response to changes in product 
costs due to standards. Chapter 10 of the preliminary TSD discusses the 
NIA.
    DOE consulted with interested parties as part of its process for 
conducting all of the analyses and invites further input from the 
public on these topics. The preliminary analytical results are subject 
to revision following review and input from the public. The final rule 
will contain the final analysis results.
    The Department encourages those who wish to participate in the 
public meeting to obtain the preliminary TSD and to be prepared to 
discuss its contents. A copy of the preliminary TSD is available at the 
Web address given in the SUMMARY section of this notice. However, 
public meeting participants need not limit their comments to the topics 
identified in the preliminary TSD. The Department is also interested in 
receiving views concerning other relevant issues that participants 
believe would affect energy conservation standards for these products 
or that DOE should address in the NOPR.
    Furthermore, the Department invites all interested parties, 
regardless of whether they participate in the public meeting, to submit 
in writing by October 15, 2010, comments and information on matters 
addressed in the preliminary TSD and on other matters relevant to 
consideration of standards for battery chargers and external power 
supplies.
    The public meeting will be conducted in an informal, conference 
style. A court reporter will be present to record the minutes of the 
meeting. There shall be no discussion of proprietary information, costs 
or prices, market shares, or other commercial matters regulated by 
United States antitrust laws.
    After the public meeting and the expiration of the period for 
submitting written statements, the Department will consider all 
comments and additional information that is obtained from interested 
parties or through further analyses, and it will prepare a NOPR. The 
NOPR will include proposed energy conservation standards for the 
products covered by this rulemaking, and members of the public will be 
given an opportunity to submit written and oral comments on the 
proposed standards.

    Issued in Washington, DC, on August 27, 2010.
Cathy Zoi,
Assistant Secretary, Energy Efficiency and Renewable Energy.
[FR Doc. 2010-23012 Filed 9-14-10; 8:45 am]
BILLING CODE 6450-01-P