[Federal Register Volume 85, Number 117 (Wednesday, June 17, 2020)]
[Proposed Rules]
[Pages 36512-36517]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-12935]


 ========================================================================
 Proposed Rules
                                                 Federal Register
 ________________________________________________________________________
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 This section of the FEDERAL REGISTER contains notices to the public of 
 the proposed issuance of rules and regulations. The purpose of these 
 notices is to give interested persons an opportunity to participate in 
 the rule making prior to the adoption of the final rules.
 
 ========================================================================
 

  Federal Register / Vol. 85, No. 117 / Wednesday, June 17, 2020 / 
Proposed Rules  

[[Page 36512]]



DEPARTMENT OF ENERGY

10 CFR Part 430

[EERE-2014-BT-STD-0059]
RIN 1904-AD97


Energy Conservation Program: Energy Conservation Standards for 
Room Air Conditioners

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

ACTION: Notice of webinar and availability of preliminary technical 
support document.

-----------------------------------------------------------------------

SUMMARY: The U.S. Department of Energy (DOE) will hold a webinar to 
discuss and receive comments on the preliminary analysis it has 
conducted for purposes of evaluating energy conservation standards for 
room air conditioners (ACs). The webinar will cover the analytical 
framework, models, and tools that DOE is using to evaluate potential 
standards for this product; the results of preliminary analyses 
performed by DOE for this product; the potential energy conservation 
standard levels derived from these analyses that DOE could consider for 
this product should it determine that proposed amendments are 
necessary; and any other issues relevant to the evaluation of energy 
conservation standards for room ACs. In addition, DOE encourages 
written comments on these subjects. To inform interested parties and to 
facilitate this process, DOE has prepared an agenda, a preliminary 
technical support document (TSD), and briefing materials, which are 
available on the DOE website at: https://www.regulations.gov/docket?D=EERE-2014-BT-STD-0059.

DATES: 
    Meeting: DOE will hold a webinar on Wednesday, August 5, 2020 from 
10:00 a.m. to 3:00 p.m. See section IV, ``Public Participation,'' for 
webinar registration information, participant instructions, and 
information about the capabilities available to webinar participants. 
If no participants register for the webinar, then it will be cancelled.
    Comments: Written comments and information will be accepted on or 
before, August 17, 2020.

ADDRESSES:  Interested persons are encouraged to submit comments using 
the Federal eRulemaking Portal at http://www.regulations.gov. Follow 
the instructions for submitting comments. Alternatively, interested 
persons may submit comments, identified by docket number EERE-2014-BT-
STD-0059, by any of the following methods:
    1. Federal eRulemaking Portal: http://www.regulations.gov. Follow 
the instructions for submitting comments.
    2. Email: [email protected]. Include the docket number 
EERE-2014-BT-STD-0059 in the subject line of the message.
    3. 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.
    4. 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 telefacsimilies (faxes) will be accepted. For detailed 
instructions on submitting comments and additional information on this 
process, see section IV 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 http://www.regulations.gov. All documents in 
the docket are listed in the http://www.regulations.gov index. However, 
some documents listed in the index, such as those containing 
information that is exempt from public disclosure, may not be publicly 
available.
    The docket web page can be found at https://www.regulations.gov/docket?D=EERE-2014-BT-STD-0059. The docket web page contains 
instructions on how to access all documents, including public comments 
in the docket. See section IV for information on how to submit comments 
through http://www.regulations.gov.

FOR FURTHER INFORMATION CONTACT: 
    Mr. Bryan Berringer, U.S. Department of Energy, Office of Energy 
Efficiency and Renewable Energy, Building Technologies, EE-5B, 1000 
Independence Avenue SW, Washington, DC 20585-0121. Telephone: (202) 
586-0371. Email: [email protected].
    Ms. Sarah Butler, U.S. Department of Energy, Office of the General 
Counsel, GC-33, 1000 Independence Avenue SW, Washington, DC 20585-0121. 
Telephone: (202) 586-1777. Email: [email protected].
    For further information on how to submit a comment, review other 
public comments and the docket, or participate in the webinar, contact 
the Appliance and Equipment Standards Program staff at (202) 287-1445 
or by email: [email protected].

SUPPLEMENTARY INFORMATION: 

Table of Contents

I. Authority
II. History of Energy Conservation Standards Rulemaking for Room Air 
Conditioners
    A. Background
    B. Current Process
III. Summary of the Analyses Performed by DOE
    A. Engineering Analysis
    B. Markups To Determine Prices
    C. Energy Use Analysis
    D. Life-Cycle Cost and Payback Period Analyses
    E. National Impact Analysis
    F. Other Energy Conservation Standard Topics
    1. Market Failures
    2. Emerging Smart Technology Market
    3. Other Issues
IV. Public Participation
    A. Participation in the Webinar
    B. Submission of Comments
V. Approval of the Office of the Secretary

I. Authority

    The Energy Policy and Conservation Act of 1975, as amended 
(EPCA),\1\ among other things, authorizes DOE to regulate the energy 
efficiency of a

[[Page 36513]]

number of consumer products and certain industrial equipment. (42 
U.S.C. 6291-6317) Title III, Part B \2\ of EPCA established the Energy 
Conservation Program for Consumer Products Other Than Automobiles. 
These products include room ACs, the subject of this document. (42 
U.S.C. 6292(a)(2)) EPCA prescribed energy conservation standards for 
these products, and directed DOE to conduct two cycles of rulemakings 
to determine whether to amend these standards. (42 U.S.C. 6295(c)(1)-
(2)) 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 notice of proposed rulemaking 
(NOPR) including new proposed energy conservation standards (proceeding 
to a final rule, as appropriate). (42 U.S.C. 6295(m)(1))
---------------------------------------------------------------------------

    \1\ All references to EPCA in this document refer to the statute 
as amended through America's Water Infrastructure Act of 2018, 
Public Law 115-270 (October 23, 2018).
    \2\ For editorial reasons, upon codification in the U.S. Code, 
Part B was redesignated Part A.
---------------------------------------------------------------------------

    The energy conservation program under EPCA consists essentially of 
four parts: (1) Testing, (2) labeling, (3) 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 in limited instances for particular State laws or 
regulations, in accordance with the procedures and other provisions set 
forth under 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 (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 room ACs appear at Title 10 of the Code of Federal Regulations 
(CFR) part 430, subpart B, appendix F.
    DOE must follow specific statutory criteria for prescribing new or 
amended standards for covered products, including room ACs. EPCA 
requires that any new or amended energy conservation standard be 
designed to achieve the maximum improvement in energy or water 
efficiency that is technologically feasible and economically justified. 
(42 U.S.C. 6295(o)(2)(A)) Furthermore, DOE may not adopt any standard 
that would not result in the significant conservation of energy. (42 
U.S.C. 6295(o)(3)) Moreover, DOE may not prescribe a standard: (1) For 
certain products, including room ACs, 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 the manufacturers and 
consumers of the products subject to the standard;
    (2) The savings in operating costs throughout the estimated 
average life of the covered products in the type (or class) compared 
to any increase in the price, initial charges, or maintenance 
expenses for the covered products that are likely to result from the 
standard;
    (3) The total projected amount of energy (or as applicable, 
water) savings likely to result directly from the standard;
    (4) Any lessening of the utility or the performance of the 
products likely to result from the standard;
    (5) The impact of any lessening of competition, as determined in 
writing by the Attorney General, that is likely to result from the 
standard;
    (6) The need for national energy and water conservation; and
    (7) Other factors the Secretary of Energy (Secretary) considers 
relevant. (42 U.S.C. 6295(o)(2)(B)(i)(I)-(VII))

    DOE fulfills these and other applicable requirements by conducting 
a series of analyses throughout the rulemaking process. Table I.1 shows 
the individual analyses that are performed to satisfy each of the 
requirements within EPCA.

       Table I.1--EPCA Requirements and Corresponding DOE Analysis
------------------------------------------------------------------------
            EPCA requirement                Corresponding DOE analysis
------------------------------------------------------------------------
Significant Energy Savings.............   Shipments Analysis.
                                          National Impact
                                          Analysis.
                                          Energy Use
                                          Determination.
Technological Feasibility..............   Market and Technology
                                          Assessment.
                                          Screening Analysis.
                                          Engineering Analysis.
Economic Justification:
    1. Economic impact on manufacturers   Manufacturer Impact
     and consumers.                       Analysis.
                                          Life-Cycle Cost and
                                          Payback Period Analysis.
                                          Life-Cycle Cost
                                          Subgroup Analysis.
                                          Shipments Analysis.
    2. Lifetime operating cost savings    Markups for Product
     compared to increased cost for the   Price Determination.
     product.                             Energy Use
                                          Determination.
                                          Life-Cycle Cost and
                                          Payback Period Analysis.
    3. Total projected energy savings..   Shipments Analysis.
                                          National Impact
                                          Analysis.

[[Page 36514]]

 
    4. Impact on utility or performance   Screening Analysis.
                                          Engineering Analysis.
    5. Impact of any lessening of         Manufacturer Impact
     competition.                         Analysis.
    6. Need for national energy and       Shipments Analysis.
     water conservation.                  National Impact
                                          Analysis.
    7. Other factors the Secretary        Employment Impact
     considers relevant.                  Analysis.
                                          Utility Impact
                                          Analysis.
                                          Emissions Analysis.
                                          Monetization of
                                          Emission Reductions Benefits.
                                          Regulatory Impact
                                          Analysis.
------------------------------------------------------------------------

    Further, EPCA establishes a rebuttable presumption that a standard 
is economically justified if the Secretary finds that the additional 
cost to the consumer of purchasing a product complying with an energy 
conservation standard level will be less than three times the value of 
the energy savings during the first year that the consumer will receive 
as a result of the standard, as calculated under the applicable test 
procedure. (42 U.S.C. 6295(o)(2)(B)(iii))
    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 room ACs address 
standby mode and off mode energy use. In this rulemaking, DOE intends 
to incorporate such energy use into any amended energy conservation 
standards it adopts in the final rule.
    Before proposing a standard, DOE typically seeks public input on 
the analytical framework, models, and tools that DOE intends to use to 
evaluate standards for the product at issue and the results of 
preliminary analyses DOE performed for the product.
    DOE is examining whether to amend the current standards pursuant to 
its obligations under EPCA. This notice announces the availability of 
the preliminary TSD, which details the preliminary analyses and 
summarizes the preliminary results of DOE's analyses. In addition, DOE 
is announcing a webinar to solicit feedback from interested parties on 
its analytical framework, models, and preliminary results.

II. History of Energy Conservation Standards Rulemaking for Room Air 
Conditioners

A. Background

    As described in section I of this notice, EPCA prescribed energy 
conservation standards for room air conditioners. (42 U.S.C. 
6295(c)(1)-(2)) Further, EPCA directed DOE to conduct two cycles of 
rulemakings to determine whether to amend these standards. (42 U.S.C. 
6295(c)(1)-(2)) DOE completed the first of these rulemaking cycles in 
September 24, 1997 (hereinafter the ``September 1997 Final Rule'') by 
adopting amended performance standards for room ACs manufactured on or 
after October 1, 2000. 62 FR 50122. Additionally, DOE completed a 
second rulemaking cycle to amend the standards for room ACs by issuing 
a direct final rule published on April 21, 2011 (hereinafter the 
``April 2011 Direct Final Rule''), in which DOE prescribed the current 
energy conservation standards for room ACs manufactured on or after 
April 21, 2014. 76 FR 22454. DOE subsequently published a final rule 
amending the compliance date for current room AC standards to June 1, 
2014. 76 FR 52852 (Aug. 24, 2011). In a separate notice, also published 
on August 24, 2011, DOE confirmed the adoption of these energy 
conservation standards in a notice of effective date and compliance 
dates for the April 2011 Direct Final Rule. 76 FR 52854. These 
standards, based on the combined energy efficiency ratio (CEER), 
expressed in British thermal units per watt-hour (Btu/Wh), are set 
forth in DOE's regulations at 10 CFR 430.32(b) and are repeated in 
Table II.1.

[[Page 36515]]



 Table II.1--Current Room Air Conditioner Energy Conservation Standards
------------------------------------------------------------------------
                                                                Minimum
                    Room AC product class                     CEER (Btu/
                                                                  Wh)
------------------------------------------------------------------------
1. Without reverse cycle, with louvered sides, and less than        11.0
 6,000 Btu/h................................................
2. Without reverse cycle, with louvered sides and 6,000 to          11.0
 7,999 Btu/h................................................
3. Without reverse cycle, with louvered sides and 8,000 to          10.9
 13,999 Btu/h...............................................
4. Without reverse cycle, with louvered sides and 14,000 to         10.7
 19,999 Btu/h...............................................
5a. Without reverse cycle, with louvered sides and 20,000            9.4
 Btu/h to 28,000 Btu/h......................................
5b. Without reverse cycle, with louvered sides and 28,000            9.0
 Btu/h or more..............................................
6. Without reverse cycle, without louvered sides, and less          10.0
 than 6,000 Btu/h...........................................
7. Without reverse cycle, without louvered sides and 6,000          10.0
 to 7,999 Btu/h.............................................
8a. Without reverse cycle, without louvered sides and 8,000          9.6
 to 10,999 Btu/h............................................
8b. Without reverse cycle, without louvered sides and 11,000         9.5
 to 13,999 Btu/h............................................
9. Without reverse cycle, without louvered sides and 14,000          9.3
 to 19,999 Btu/h............................................
10. Without reverse cycle, without louvered sides and 20,000         9.4
 Btu/h or more..............................................
11. With reverse cycle, with louvered sides, and less than           9.8
 20,000 Btu/h...............................................
12. With reverse cycle, with louvered sides, and 20,000 Btu/         9.3
 h or more..................................................
13. With reverse cycle, without louvered sides, and less             9.3
 than 14,000 Btu/h..........................................
14. With reverse cycle, without louvered sides, and 14,000           8.7
 Btu/h or more..............................................
15. Casement-Only...........................................         9.5
16. Casement-Slider.........................................        10.4
------------------------------------------------------------------------

B. Current Process

    As part of the current analysis, on June 18, 2015, DOE prepared a 
Request for Information (hereinafter the ``June 2015 RFI''), which 
solicited information from the public to help DOE determine whether 
amended standards for room ACs would result in a significant amount of 
additional energy savings and whether those standards would be 
technologically feasible and economically justified. DOE also 
identified a variety of questions to aid in the development of the 
technical and economic analyses regarding whether new standards for 
room ACs may be warranted. In addition, DOE welcomed comments on other 
issues relevant to the conduct of the rulemaking that may not have been 
specifically identified in the June 2015 RFI. 80 FR 34843. The June 
2015 RFI is available at: https://www.regulations.gov/docket?D=EERE-2014-BT-STD-0059.
    This preliminary analysis is part of the mandatory review process 
imposed by EPCA and further seeks input from the public to assist DOE 
with its determination on whether amended standards pertaining to room 
ACs are warranted.
    Comments received to date as part of the current process have 
helped DOE identify and resolve issues related to the preliminary 
analyses. Chapter 2 of the preliminary TSD summarizes and addresses the 
comments received.

III. Summary of the Analyses Performed by DOE

    For the products covered in this preliminary analysis, DOE 
conducted in-depth technical analyses in the following areas: (1) 
Engineering; (2) markups to determine product price; (3) energy use; 
(4) life-cycle cost (LCC) and payback period (PBP); and (5) national 
impacts. The preliminary TSD that presents the methodology and results 
of each of these analyses is available at https://www.regulations.gov/docket?D=EERE-2014-BT-STD-0059.
    DOE also conducted, and has included in the preliminary TSD, 
several other analyses that support the major analyses or are 
preliminary analyses that will be expanded if DOE determines that a 
NOPR is warranted to propose amended energy conservation standards. 
These analyses include: (1) The market and technology assessment; (2) 
the screening analysis, which contributes to the engineering analysis; 
and (3) the shipments analysis, which contributes to the LCC and PBP 
analysis and National Impact Analysis (NIA). In addition to these 
analyses, DOE has begun preliminary work on the manufacturer impact 
analysis (MIA) and has identified the methods to be used for the 
consumer subgroup analysis, the emissions analysis, the employment 
impact analysis, the regulatory impact analysis, and the utility impact 
analysis. DOE will expand on these analyses in the NOPR should one be 
issued.

A. Engineering Analysis

    The engineering analysis establishes the relationship between the 
cost and efficiency levels of the product that DOE is evaluating as 
potential energy conservation standards. This relationship serves as 
the basis for cost-benefit calculations for individual consumers, 
manufacturers, and the Nation. The engineering analysis identifies 
representative baseline products for each product class, which is the 
starting point for analyzing technologies that provide energy 
efficiency improvements. ``Baseline products'' refers to a model or 
models having features and technologies typically found in minimally-
efficient products currently available on the market and, for products 
already subject to energy conservation standards, a model that just 
meets the current standard. The engineering analysis also identifies 
higher efficiency levels above the baseline level, based on the range 
of products currently available on the market. After identifying the 
baseline and higher-efficiency levels, DOE estimates manufacturer 
selling prices by using a consistent methodology and pricing scheme 
that includes material costs and manufacturer markups. Chapter 5 of the 
preliminary TSD discusses the engineering analysis.

B. Markups To Determine Prices

    DOE derives customer prices based on manufacturer markups, retailer 
markups, distributor markups, contractor markups (where appropriate), 
and sales taxes. In deriving these markups, DOE determines the major 
distribution channels for product sales, the markup associated with 
each party in each distribution channel, and the existence and 
magnitude of differences between markups for baseline products 
(baseline markups) and higher-efficiency products (incremental 
markups). DOE calculates both overall baseline and overall incremental 
markups based on the markups at each step in each distribution channel. 
Chapter 6 of the preliminary TSD addresses the markups analysis.

[[Page 36516]]

C. Energy Use Analysis

    The energy use analysis provides estimates of the annual energy 
consumption of room ACs. The energy use analysis seeks to estimate the 
range of energy consumption of the products that meet each of the 
efficiency levels evaluated as they are used in the field. DOE uses 
these values in the LCC and PBP analyses and in the NIA. Chapter 7 of 
the preliminary TSD addresses 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 cost of 
purchasing, installing and operating a considered product over the 
course of its lifetime. The LCC analysis compares the LCCs of products 
designed to meet possible energy conservation standards with the LCC of 
the product likely to be installed in the absence of standards. DOE 
determines LCCs by considering: (1) Total installed cost to the 
purchaser (which consists of manufacturer selling price, distribution 
chain markups, sales taxes, and installation cost); (2) the operating 
cost of the product (energy cost, water and wastewater cost in some 
cases, and maintenance and repair cost); (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 represents the number of 
years needed to recover the increase in purchase price (including 
installation cost) of higher-efficiency products through savings in the 
operating cost of the product. PBP is calculated by dividing the 
incremental increase in installed cost of the higher efficiency 
product, compared to the baseline product, by the annual savings in 
operating costs. Chapter 8 of the preliminary TSD addresses 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 amended standards at specific efficiency levels (referred 
to as candidate standard levels). DOE calculated NES and NPV for each 
candidate standard level for room ACs as the difference between a base-
case forecast (without amended standards) and the standards-case 
forecast (with standards). Cumulative energy savings are the sum of the 
annual NES determined for the lifetime of the products shipped from 
2026 to 2055. The 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, product installed costs and operating costs, product 
annual energy consumption, the base case efficiency projection, and 
discount rates. Chapter 9 of the preliminary TSD addresses the 
Shipments Analysis and Chapter 10 of the preliminary TSD addresses the 
NIA.

F. Other Energy Conservation Standard Topics

1. Market Failures
    In the field of economics, a market failure is a situation in which 
the market outcome does not maximize societal welfare. Such an outcome 
would result in unrealized potential welfare. DOE welcomes comment on 
any aspect of market failures, especially those in the context of 
amended energy conservation standards for room ACs.
2. Emerging Smart Technology Market
    DOE published an RFI on the emerging smart technology appliance and 
equipment market. 83 FR 46886 (Sept. 17, 2018). In that RFI, DOE sought 
information to better understand market trends and issues in the 
emerging market for appliances and commercial equipment that 
incorporate smart technology. DOE's intent in issuing the RFI was to 
ensure that DOE did not inadvertently impede such innovation in 
fulfilling its statutory obligations in setting efficiency standards 
for covered products and equipment. DOE seeks comments, data and 
information on the issues presented in the RFI as they may be 
applicable to room ACs.
3. Other Issues
    In addition to the issues identified earlier in this document, DOE 
welcomes comment on any other aspect of energy conservation standards 
for room ACs not already addressed by the specific areas identified in 
this document. In particular, DOE notes that under Executive Order 
13771, ``Reducing Regulation and Controlling Regulatory Costs,'' 
Executive Branch agencies such as DOE are directed to manage the costs 
associated with the imposition of expenditures required to comply with 
Federal regulations. See 82 FR 9339 (Feb. 3, 2017). Consistent with 
that Executive Order, DOE encourages the public to provide input on 
measures DOE could take to lower the cost of its energy conservation 
standards rulemakings, recordkeeping and reporting requirements, and 
compliance and certification requirements applicable to room ACs while 
remaining consistent with the requirements of EPCA.

IV. Public Participation

    DOE invites public participation in this process through 
participation in the webinar and submission of written comments and 
information. After the webinar and the closing of the comment period, 
DOE will consider all timely-submitted comments and additional 
information obtained from interested parties, as well as information 
obtained through further analyses. Following such consideration, the 
Department will publish either a determination that the standards for 
room ACs need not be amended or a NOPR proposing to amend those 
standards. The NOPR, should one be issued, would include proposed 
energy conservation standards for the products covered by that 
rulemaking, and members of the public would be given an opportunity to 
submit written and oral comments on the proposed standards.

A. Participation in the Webinar

    The time and date of the webinar are listed in the DATES section at 
the beginning of this document. If no participants register for the 
webinar, then it will be cancelled.
    Webinar registration information, participant instructions, and 
information about the capabilities available to webinar participants 
will be published on DOE's website: https://cms.doe.gov/eere/buildings/public-meetings-and-comment-deadlines. Participants are responsible for 
ensuring their systems are compatible with the webinar software.
    DOE encourages those who wish to participate in the webinar to 
obtain the preliminary TSD from DOE's website and to be prepared to 
discuss its contents. Once again, a copy of the preliminary TSD is 
available at: https://www.regulations.gov/docket?D=EERE-2014-BT-STD-0059. However, webinar participants need not limit their comments to 
the topics identified in the preliminary TSD; DOE is also interested in 
receiving views concerning other relevant issues that participants 
believe would affect energy conservation standards for this product or 
that DOE should address in a NOPR should one be issued.

B. Submission of Comments

    DOE will accept comments, data, and information regarding this 
notice before or after the webinar, but no later than the date provided 
in the DATES section at the beginning of this notice.

[[Page 36517]]

Interested parties may submit comments using any of the methods 
described in the ADDRESSES section at the beginning of this notice.
    Submitting comments via http://www.regulations.gov. The http://www.regulations.gov web page will require you to provide your name and 
contact information. Your contact information will be viewable to DOE 
Building Technologies staff only. Your contact information will not be 
publicly viewable except for your first and last names, organization 
name (if any), and submitter representative name (if any). If your 
comment is not processed properly because of technical difficulties, 
DOE will use this information to contact you. If DOE cannot read your 
comment due to technical difficulties and cannot contact you for 
clarification, DOE may not be able to consider your comment.
    However, your contact information will be publicly viewable if you 
include it in the comment itself or in any documents attached to your 
comment. Any information that you do not want to be publicly viewable 
should not be included in your comment, nor in any document attached to 
your comment. Otherwise, persons viewing comments will see only first 
and last names, organization names, correspondence containing comments, 
and any documents submitted with the comments.
    Do not submit to http://www.regulations.gov information for which 
disclosure is restricted by statute, such as trade secrets and 
commercial or financial information (hereinafter referred to as 
Confidential Business Information (CBI)). Comments submitted through 
http://www.regulations.gov cannot be claimed as CBI. Comments received 
through the website will waive any CBI claims for the information 
submitted. For information on submitting CBI, see the Confidential 
Business Information section.
    DOE processes submissions made through http://www.regulations.gov 
before posting. Normally, comments will be posted within a few days of 
being submitted. However, if large volumes of comments are being 
processed simultaneously, your comment may not be viewable for up to 
several weeks. Please keep the comment tracking number that http://www.regulations.gov provides after you have successfully uploaded your 
comment.
    Submitting comments via email, hand delivery/courier, or postal 
mail. Comments and documents submitted via email, hand delivery/
courier, or postal mail also will be posted to http://www.regulations.gov. If you do not want your personal contact 
information to be publicly viewable, do not include it in your comment 
or any accompanying documents. Instead, provide your contact 
information in a cover letter. Include your first and last names, email 
address, telephone number, and optional mailing address. The cover 
letter will not be publicly viewable as long as it does not include any 
comments.
    Include contact information each time you submit comments, data, 
documents, and other information to DOE. If you submit via postal mail 
or hand delivery/courier, please provide all items on a CD, if 
feasible, in which case it is not necessary to submit printed copies. 
No telefacsimiles (faxes) will be accepted.
    Comments, data, and other information submitted to DOE 
electronically should be provided in PDF (preferred), Microsoft Word or 
Excel, WordPerfect, or text (ASCII) file format. Provide documents that 
are not secured, that are written in English, and that are free of any 
defects or viruses. Documents should not contain special characters or 
any form of encryption and, if possible, they should carry the 
electronic signature of the author.
    Campaign form letters. Please submit campaign form letters by the 
originating organization in batches of between 50 to 500 form letters 
per PDF or as one form letter with a list of supporters' names compiled 
into one or more PDFs. This reduces comment processing and posting 
time.
    Confidential Business Information. Pursuant to 10 CFR 1004.11, any 
person submitting information that he or she believes to be 
confidential and exempt by law from public disclosure should submit via 
email, postal mail, or hand delivery/courier two well-marked copies: 
One copy of the document marked ``confidential'' including all the 
information believed to be confidential, and one copy of the document 
marked ``non-confidential'' with the information believed to be 
confidential deleted. Submit these documents via email to 
[email protected] or on a CD, if feasible. DOE will make its 
own determination about the confidential status of the information and 
treat it according to its determination.
    It is DOE's policy that all comments may be included in the public 
docket, without change and as received, including any personal 
information provided in the comments (except information deemed to be 
exempt from public disclosure).

V. Approval of the Office of the Secretary

    The Secretary of Energy has approved publication of this notice of 
availability.

Signing Authority

    This document of the Department of Energy was signed on June 5, 
2020, by Alexander N. Fitzsimmons, Deputy Assistant Secretary for 
Energy Efficiency, pursuant to delegated authority from the Secretary 
of Energy. That document with the original signature and date is 
maintained by DOE. For administrative purposes only, and in compliance 
with requirements of the Office of the Federal Register, the 
undersigned DOE Federal Register Liaison Officer has been authorized to 
sign and submit the document in electronic format for publication, as 
an official document of the Department of Energy.
    This administrative process in no way alters the legal effect of 
this document upon publication in the Federal Register.

    Signed in Washington, DC, on June 11, 2020.
Treena V. Garrett,
Federal Register Liaison Officer, U.S. Department of Energy.
[FR Doc. 2020-12935 Filed 6-16-20; 8:45 am]
BILLING CODE 6450-01-P