[Federal Register Volume 87, Number 38 (Friday, February 25, 2022)]
[Proposed Rules]
[Pages 10719-10726]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-03850]


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

  Federal Register / Vol. 87, No. 38 / Friday, February 25, 2022 / 
Proposed Rules  

[[Page 10719]]



DEPARTMENT OF ENERGY

10 CFR Part 430

[EERE-2020-BT-STD-0006]
RIN 1904-AD87


Energy Conservation Program: Energy Conservation Standards for 
External Power Supplies, Webinar and Availability of the Preliminary 
Technical Support Document

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

ACTION: Notification of a webinar and availability of preliminary 
technical support document.

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

SUMMARY: The U.S. Department of Energy (``DOE'' or ``the Department'') 
will hold a webinar to discuss and receive comments on the preliminary 
analysis it has conducted for purposes of evaluating energy 
conservation standards for external power supplies (``EPSs''). The 
meeting will cover the analytical framework, models, and tools that DOE 
is using to evaluate potential standards for this product; the results 
of preliminary analyses performed by DOE for this product; the 
potential energy conservation standard levels derived from these 
analyses that DOE could consider for this product should it determine 
that proposed amendments are necessary; and any other issues relevant 
to the evaluation of energy conservation standards for EPSs. In 
addition, DOE encourages written comments on these subjects. To inform 
interested parties and to facilitate this process, DOE has prepared an 
agenda, a preliminary technical support document (``TSD''), and 
briefing materials, which are available on the DOE website at: 
www1.eere.energy.gov/buildings/appliance_standards/standards.aspx?productid=1.

DATES: 
    Comments: Written comments and information will be accepted on or 
before, April 26, 2022.
    Meeting: DOE will hold a webinar on Thursday, March, 24, 2022, from 
1:00 p.m. to 4:00 p.m. See section IV, ``Public Participation,'' for 
webinar registration information, participant instructions and 
information about the capabilities available to webinar participants.

ADDRESSES: Interested persons are encouraged to submit comments using 
the Federal eRulemaking Portal at www.regulations.gov. Follow the 
instructions for submitting comments. Alternatively, interested persons 
may submit comments, identified by docket number EERE-2020-BT-STD-0006, 
by any of the following methods:
    1. Federal eRulemaking Portal: www.regulations.gov. Follow the 
instructions for submitting comments.
    2. Email: To [email protected]. Include docket number EERE-
2020-BT-STD-0006 in the subject line of the message.
    No telefacsimiles (``faxes'') will be accepted. For detailed 
instructions on submitting comments and additional information on this 
process, see section IV of this document.
    Although DOE has routinely accepted public comment submissions 
through a variety of mechanisms, including postal mail and hand 
delivery/courier, the Department has found it necessary to make 
temporary modifications to the comment submission process in light of 
the ongoing coronavirus 2019 (``COVID-19'') pandemic. DOE is currently 
suspending receipt of public comments via postal mail and hand 
delivery/courier. If a commenter finds that this change poses an undue 
hardship, please contact Appliance Standards Program staff at (202) 
586-1445 to discuss the need for alternative arrangements. Once the 
COVID-19 pandemic health emergency is resolved, DOE anticipates 
resuming all of its regular options for public comment submission, 
including postal mail and hand delivery/courier.
    Docket: The docket for this activity, which includes Federal 
Register notices, comments, public meeting transcripts, and other 
supporting documents/materials, is available for review at 
www.regulations.gov. All documents in the docket are listed in the 
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 www.regulations.gov/docket/EERE-2020-BT-STD-0006. 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 
www.regulations.gov.

FOR FURTHER INFORMATION CONTACT: 
    Mr. Jeremy Dommu, U.S. Department of Energy, Office of Energy 
Efficiency and Renewable Energy, Building Technologies, EE-2J, 1000 
Independence Avenue SW, Washington, DC 20585-0121. Telephone: (202) 
586-9870. Email: [email protected].
    Ms. Nisha R. Kumar, U.S. Department of Energy, Office of the 
General Counsel, GC-33, 1000 Independence Avenue SW, Washington, DC 
20585-0121. Telephone: (202) 586-8625. Email: [email protected].
    For further information on how to submit a comment, review other 
public comments and the docket, contact the Appliance and Equipment 
Standards Program staff at (202) 287-1445 or by email: 
[email protected].

SUPPLEMENTARY INFORMATION:

Table of Contents

I. Introduction
    A. Authority
    B. Rulemaking Process
II. Background
    A. Current Standards
    B. Current Process
III. Summary of the Analyses Performed by DOE
    A. Market and Technology Assessment
    B. Screening Analysis
    C. Engineering Analysis
    D. Markups Analysis
    E. Energy Use Analysis
    F. Life-Cycle Cost and Payback Period Analyses
    G. National Impact Analysis
IV. Public Participation
    A. Participation in the Webinar
    B. Procedure for Submitting Prepared General Statements for 
Distribution
    C. Conduct of the Webinar
    D. Submission of Comments
V. Approval of the Office of the Secretary

[[Page 10720]]

I. Introduction

A. Authority

    The Energy Policy and Conservation Act, as amended (``EPCA''),\1\ 
authorizes DOE to regulate the energy efficiency of a number of 
consumer products and certain industrial equipment. (42 U.S.C. 6291-
6317) Title III, Part B \2\ of EPCA established the Energy Conservation 
Program for Consumer Products Other Than Automobiles. External power 
supplies (``EPSs''), the subject of this document, are among the 
products addressed by these provisions. (42 U.S.C. 6291(36); 42 U.S.C. 
6293(b)(17); 42 U.S.C. 6295(u))
---------------------------------------------------------------------------

    \1\ All references to EPCA in this document refer to the statute 
as amended through the Energy Act of 2020, Public Law 116-260 (Dec. 
27, 2020).
    \2\ For editorial reasons, upon codification in the U.S. Code, 
Part B was redesignated Part A.
---------------------------------------------------------------------------

    EPCA, as amended by the Energy Independence and Security Act of 
2007, Public Law 110-140 (``EISA''), also defined a subset of EPSs, 
called Class A EPSs--devices that are ``able to convert to only 1 AC or 
DC output voltage at a time'' and have ``nameplate output power that is 
less than or equal to 250 watts'' among other characteristics.\3\ (42 
U.S.C. 6291(36)(C)(i)) EPCA prescribed energy conservation standards 
for Class A EPSs (hereafter referred to as the ``Level IV standards,'' 
the nomenclature of which is based on the marking required in 
accordance with the International Efficiency Marking Protocol) for 
which compliance was required beginning July 1, 2008. (42 U.S.C. 
6295(u)(3)(A)) EPCA also directed DOE to conduct two cycles of 
rulemakings to determine whether to amend these standards. (42 U.S.C. 
6295(u)(3)(D))
---------------------------------------------------------------------------

    \3\ Congress also excluded certain devices from the Class A EPS 
definition, specifically certain devices requiring listing and 
approval as a medical device and devices that either (1) power the 
charger of a detachable battery pack or (2) charge the battery of a 
product that is fully or primarily motor operated. (See 42 U.S.C. 
6291(36)(C)(ii))
---------------------------------------------------------------------------

    Following the EISA amendments, Congress further amended EPCA to 
exclude EPSs used for certain security and life safety alarms and 
surveillance systems manufactured prior to July 1, 2017, from the 
statutorily-prescribed ``no-load'' energy conservation standards. (Pub. 
L. 111-360 (January 4, 2011) (codified at 42 U.S.C. 6295(u)(3)(E)).
    EPCA's EPS provisions were again amended by the Power and Security 
Systems (``PASS'') Act, which extended the rulemaking deadline and 
effective date established under the EISA amendments for the second 
rulemaking cycle from July 1, 2015, and July 1, 2017, to July 1, 2021, 
and July 1, 2023, respectively. (Pub. L. 115-78 (November 2, 2017) 
(codified at 42 U.S.C. 6295(u)(3)(D)(ii))). The PASS Act also extended 
the exclusion of certain security and life safety alarms and 
surveillance systems from no-load standards until the effective date of 
the final rule issued under 42 U.S.C. 6295(u)(3)(D)(ii) and allows the 
Secretary to treat some or all EPSs designed to be connected to a 
security or life safety alarm or surveillance system as a separate 
product class or to further extend the exclusion. (42 U.S.C. 
6295(u)(3)(E)(ii) and (iv))
    On January 12, 2018, the EPS Improvement Act of 2017, Public Law 
115-115, amended EPCA to exclude the following devices from the EPS 
definition: Power supply circuits, drivers, or devices that are 
designed exclusively to be connected to and power (1) light-emitting 
diodes providing illumination, (2) organic light-emitting diodes 
providing illumination, or (3) ceiling fans using direct current 
motors.\4\ (42 U.S.C. 6291(36)(A)(ii))
---------------------------------------------------------------------------

    \4\ DOE amended its regulations to reflect the changes 
introduced by the PASS Act and EPS Improvement Act. 84 FR 437 
(January 29, 2019).
---------------------------------------------------------------------------

    EPCA further provides that, not later than 6 years after the 
issuance of any final rule establishing or amending a standard, DOE 
must publish either a notification of determination that standards for 
the product do not need to be amended, or a notice of proposed 
rulemaking (``NOPR'') including new proposed energy conservation 
standards (proceeding to a final rule, as appropriate). (42 U.S.C. 
6295(m)(1)) Not later than three years after issuance of a final 
determination not to amend standards, DOE must publish either a notice 
of determination that standards for the product do not need to be 
amended, or a NOPR including new proposed energy conservation standards 
(proceeding to a final rule, as appropriate). (42 U.S.C. 6295(m)(3)(B))
    Under EPCA, any new or amended energy conservation standard must be 
designed to achieve the maximum improvement in energy efficiency that 
DOE determines is technologically feasible and economically justified. 
(42 U.S.C. 6295(o)(2)(A)) Furthermore, the new or amended standard must 
result in a significant conservation of energy. (42 U.S.C. 
6295(o)(3)(B))
    DOE completed the first of the two required rulemaking cycles in 
2014 by adopting amended performance standards for EPSs manufactured on 
or after February 10, 2016. 79 FR 7845 (February 10, 2014) (setting 
amended standards to apply starting on February 10, 2016) (``February 
2014 Final Rule'').
    DOE is publishing this Preliminary Analysis to collect data and 
information to inform its decision consistent with its obligations 
under EPCA.

B. Rulemaking Process

    DOE must follow specific statutory criteria for prescribing new or 
amended standards for covered products, including EPSs. As noted, EPCA 
requires that any new or amended energy conservation standard 
prescribed by the Secretary of Energy (``Secretary'') be designed to 
achieve the maximum improvement in energy efficiency (or water 
efficiency for certain products specified by EPCA) that is 
technologically feasible and economically justified. (42 U.S.C. 
6295(o)(2)(A)) Furthermore, DOE may not adopt any standard that would 
not result in the significant conservation of energy. (42 U.S.C. 
6295(o)(3)) The Secretary may not prescribe an amended or new standard 
that will not result in significant conservation of energy, or is not 
technologically feasible or economically justified. (42 U.S.C. 
6295(o)(3))
    To adopt any new or amended standards for a covered product, DOE 
must determine that such action would result in significant energy 
savings. (42 U.S.C. 6295(o)(3)(B)) Although the term ``significant'' is 
not defined in EPCA, the U.S. Court of Appeals, for the District of 
Columbia Circuit in Natural Resources Defense Council v. Herrington, 
768 F.2d 1355, 1373 (D.C. Cir. 1985), opined that Congress intended 
``significant'' energy savings in the context of EPCA to be savings 
that were not ``genuinely trivial.''
    The significance of energy savings offered by a new or amended 
energy conservation standard cannot be determined without knowledge of 
the specific circumstances surrounding a given rulemaking.\5\ For 
example, the United States rejoined the Paris Agreement on February 19, 
2021. As part of that agreement, the United States has committed to 
reducing greenhouse (``GHG'') emissions in order to limit the rise in 
mean global temperature. As such, energy savings that reduce GHG 
emissions have taken on greater importance. Additionally, some covered 
products and equipment have most of their energy consumption occur 
during periods of peak energy demand. The impacts of these products on 
the energy infrastructure can be more pronounced than products with 
relatively constant demand. In evaluating the significance

[[Page 10721]]

of energy savings, DOE considers differences in primary energy and 
full-fuel-cycle (``FFC'') effects for different covered EPSs when 
determining whether energy savings are significant. Primary energy and 
FFC effects include the energy consumed in electricity production 
(depending on load shape), in distribution and transmission, and in 
extracting, processing, and transporting primary fuels (i.e., coal, 
natural gas, petroleum fuels), and thus present a more complete picture 
of the impacts of energy conservation standards.
---------------------------------------------------------------------------

    \5\ See 86 FR 70892 (December 13, 2021).
---------------------------------------------------------------------------

    Accordingly, DOE is evaluating the significance of energy savings 
on a case-by-case basis. In doing this evaluation, DOE will review the 
amount of FFC savings, the corresponding reduction in GHG emissions, 
and the need to confront the global climate crisis. DOE has initially 
determined the energy savings for the candidate standard levels 
evaluated in this preliminary analysis rulemaking are ``significant'' 
within the meaning of 42 U.S.C. 6295(o)(3)(B).
    To determine whether a standard is economically justified, EPCA 
requires that DOE determine whether the benefits of the standard exceed 
its burdens by considering, to the greatest extent practicable, the 
following seven factors:

    (1) The economic impact of the standard on the manufacturers and 
consumers of the products subject to the standard;
    (2) The savings in operating costs throughout the estimated 
average life of the covered products in the type (or class) compared 
to any increase in the price, initial charges, or maintenance 
expenses for the covered products that are likely to result from the 
standard;
    (3) The total projected amount of energy savings likely to 
result directly from the standard;
    (4) Any lessening of the utility or the performance of the 
products likely to result from the standard;
    (5) The impact of any lessening of competition, as determined in 
writing by the Attorney General, that is likely to result from the 
standard;
    (6) The need for national energy conservation; and
    (7) Other factors the Secretary of Energy (Secretary) considers 
relevant.

(42 U.S.C. 6295(o)(2)(B)(i)(I)-(VII))

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

       Table I.1--EPCA Requirements and Corresponding DOE Analysis
------------------------------------------------------------------------
            EPCA requirement                Corresponding DOE analysis
------------------------------------------------------------------------
Significant Energy Savings.............   Shipments Analysis.
                                          National Impact
                                          Analysis.
                                          Energy Use Analysis.
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 Analysis.
     product.                             Energy Use Analysis.
                                          Life-Cycle Cost and
                                          Payback Period Analysis.
    3. Total projected energy savings..   Shipments Analysis.
                                          National Impact
                                          Analysis.
    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           Shipments Analysis.
     conservation.                        National Impact
                                          Analysis.
    7. Other factors the Secretary        Employment Impact
     considers relevant.                  Analysis.
                                          Utility Impact
                                          Analysis.
                                          Emissions Analysis.
                                          Monetization of
                                          Emission Reductions
                                          Benefits.\6\
                                          Regulatory Impact
                                          Analysis.
------------------------------------------------------------------------

    Further, EPCA establishes a rebuttable presumption that a standard 
is economically justified if the Secretary finds that the additional 
cost to the consumer of purchasing a product complying with an energy 
conservation standard level will be less than three times the value of 
the energy savings during the first year that the consumer will receive 
as a result of the standard, as calculated under the applicable test 
procedure. (42 U.S.C. 6295(o)(2)(B)(iii))
---------------------------------------------------------------------------

    \6\ Currently, in compliance with the preliminary injunction 
issued on February 11, 2022, in Louisiana v. Biden, No. 21-cv-1074-
JDC-KK (W.D. La.), DOE is not monetizing the costs of greenhouse gas 
emissions.
---------------------------------------------------------------------------

    EPCA also contains what is known as an ``anti-backsliding'' 
provision, which prevents the Secretary from prescribing any amended 
standard that either increases the maximum allowable energy use or 
decreases the minimum required energy efficiency of a covered product. 
(42 U.S.C. 6295(o)(1)) Also, the Secretary may not prescribe an amended 
or new standard if interested persons have established by a 
preponderance of the evidence that the standard is likely to result in 
the unavailability in the United States in any covered product type (or 
class) of performance characteristics (including reliability), 
features, sizes, capacities, and volumes that are substantially the 
same as those generally available in the United States. (42 U.S.C. 
6295(o)(4))
    Additionally, EPCA specifies requirements when promulgating an 
energy conservation standard for a covered product that has two or more 
subcategories. DOE must specify a different standard level for a type 
or class of product that has the same function or intended use, if DOE 
determines that products within such group: (A) Consume a different 
kind of

[[Page 10722]]

energy from that consumed by other covered products within such type 
(or class); or (B) have a capacity or other performance-related feature 
which other products within such type (or class) do not have and such 
feature justifies a higher or lower standard. (42 U.S.C. 6295(q)(1)) In 
determining whether a performance-related feature justifies a different 
standard for a group of products, DOE must consider such factors as the 
utility to the consumer of the feature and other factors DOE deems 
appropriate. Id. Any rule prescribing such a standard must include an 
explanation of the basis on which such higher or lower level was 
established. (42 U.S.C. 6295(q)(2))
    Finally, pursuant to the amendments contained in the Energy 
Independence and Security Act of 2007, Public Law 110-140 (December 19, 
2007), any final rule for new or amended energy conservation standards 
promulgated after July 1, 2010, is required to address standby mode and 
off mode energy use. (42 U.S.C. 6295(gg)(3)) Specifically, when DOE 
adopts a standard for a covered product after that date, it must, if 
justified by the criteria for adoption of standards under EPCA (42 
U.S.C. 6295(o)), incorporate standby mode and off mode energy use into 
a single standard, or, if that is not feasible, adopt a separate 
standard for such energy use for that product. (42 U.S.C. 
6295(gg)(3)(A)-(B)) DOE's current test procedures and energy 
conservation standards for EPSs address no-load mode (standby mode) 
energy use.
    Before proposing a standard, DOE typically seeks public input on 
the analytical framework, models, and tools that DOE intends to use to 
evaluate standards for the product at issue and the results of 
preliminary analyses DOE performed for the product.
    DOE is examining whether to amend the current standards pursuant to 
its obligations under EPCA. This notification announces the 
availability of the preliminary Technical Support Document (``TSD''), 
which details the preliminary analyses and summarizes the preliminary 
results of DOE's analyses. In addition, DOE is announcing a public 
webinar to solicit feedback from interested parties on its analytical 
framework, models, and preliminary results.

C. Deviation From Appendix A

    In accordance with section 3(a) of 10 CFR part 430, subpart C, 
appendix A (``appendix A''), DOE notes that it is deviating from the 
provision in appendix A regarding the pre-NOPR stages for an energy 
conservation standards rulemaking. Section 6(a)(2) of appendix A states 
that if the Department determines it is appropriate to proceed with a 
rulemaking, the preliminary stages of a rulemaking to issue or amend an 
energy conservation standard that DOE will undertake will be a 
framework document and preliminary analysis, or an advance notice of 
proposed rulemaking (``ANOPR''). DOE is opting to deviate from this 
step by publishing a preliminary analysis without a framework document. 
A framework document is intended to introduce and summarize generally 
the various analyses DOE conducts during the rulemaking process and 
requests initial feedback from interested parties. As discussed further 
in the following section, prior to this notification of the preliminary 
analysis, DOE issued a request for information on May 20, 2020 (``May 
2020 RFI'') in which DOE discussed the previous EPS energy conservation 
standards given in the February 2014 Final Rule. 85 FR 30636. In that 
RFI, DOE requested comment on whether there were changes to the 
technologies considered as part of the February 2014 Final Rule that 
would affect potential amended standards and on any aspect of its 
economic justification analysis. 85 FR 30636, 30639-30648. While DOE 
received comments on the assumptions employed in the analysis conducted 
in support of the February 2014 Final Rule (see, e.g., Joint 
Commenters, Docket EERE-2020-BT-STD-0006, p. 7-8), DOE did not receive 
comments or data suggesting DOE rely on a different analytical 
framework from that conducted for the February 2014 Final Rule. As DOE 
intends to rely on substantively the same analytical methods as in the 
most recent rulemaking, publication of a framework document would not 
introduce an analytical framework different from that on which comment 
was requested in the May 2020 RFI and on which comment was received. As 
such, DOE is not publishing a framework document.
    Further, section 6(d)(2) of appendix A specifies that the length of 
the public comment period for pre-NOPR rulemaking documents will vary 
depending upon the circumstances of the particular rulemaking, but will 
not be less than 75 calendar days. For this preliminary analysis, DOE 
has opted to instead provide a 60-day comment period.
    As stated, DOE requested comment in the May 2020 RFI on the 
analysis conducted in support of the February 2014 Final Rule and 
provided stakeholders a 75-day comment period. DOE, however, did not 
receive comments suggesting a need to substantively change the 
analytical approach previously taken. Given that the analysis will 
largely remain the same, and in light of the 75-day comment period DOE 
has already provided with its May 2020 RFI, DOE has determined that a 
60-day comment period is sufficient to enable interested parties to 
review the tentative methodologies and accompanying analysis to develop 
meaningful comments in response to the preliminary TSD.

II. Background

A. Current Standards

    In the February 2014 Final Rule, DOE prescribed the current energy 
conservation standards for EPSs manufactured on and after February 10, 
2016. 79 FR 7846. These standards are set forth in DOE's regulations at 
10 CFR 430.32(w) and are repeated in Table II.1.

  Table II.1--Federal Energy Conservation Standards for External Power
                                Supplies
------------------------------------------------------------------------
                                   Minimum average
 Nameplate output power (Pout)   efficiency in active   Maximum power in
                                 mode (expressed as a   no-load mode [W]
                                       decimal)
------------------------------------------------------------------------
        Single-Voltage External AC-DC Power Supply, Basic Voltage
------------------------------------------------------------------------
Pout <= 1 W...................  >=0.5 x Pout + 0.16..            <=0.100
1 W < Pout <= 49 W............  >=0.071 x ln(Pout)-              <=0.100
                                 0.0014 x Pout + 0.67.
49 W < Pout <= 250 W..........  >=0.880..............            <=0.210
Pout > 250 W..................  >=0.875..............            <=0.500
------------------------------------------------------------------------

[[Page 10723]]

 
         Single-Voltage External AC-DC Power Supply, Low-Voltage
------------------------------------------------------------------------
Pout <= 1 W...................  >=0.517 x Pout +                 <=0.100
                                 0.087.
1 W < Pout <= 49 W............  >=0.0834 x ln(Pout)-             <=0.100
                                 0.0014 x Pout +
                                 0.609.
49 W < Pout <= 250 W..........  >=0.870..............            <=0.210
Pout > 250 W..................  >=0.875..............            <=0.500
------------------------------------------------------------------------
        Single-Voltage External AC-AC Power Supply, Basic-Voltage
------------------------------------------------------------------------
Pout <= 1 W...................  >=0.5 x Pout + 0.16..            <=0.210
1 W < Pout <= 49 W............  >=0.071 x ln(Pout)-              <=0.210
                                 0.0014 x Pout + 0.67.
49 W < Pout <= 250 W..........  >=0.880..............            <=0.210
Pout > 250 W..................  >=0.875..............            <=0.500
------------------------------------------------------------------------
         Single-Voltage External AC-AC Power Supply, Low-Voltage
------------------------------------------------------------------------
Pout <= 1 W...................  >=0.517 x Pout +                 <=0.210
                                 0.087.
1 W < Pout <= 49 W............  >=0.0834 x ln(Pout)-             <=0.210
                                 0.0014 x Pout +
                                 0.609.
49 W < Pout <= 250 W..........  >=0.870..............            <=0.210
Pout > 250 W..................  >=0.875..............            <=0.500
------------------------------------------------------------------------
                 Multiple-Voltage External Power Supply
------------------------------------------------------------------------
Pout <= 1 W...................  >=0.497 x Pout +                 <=0.300
                                 0.067.
1 W < Pout <= 49 W............  >=0.075 x ln(Pout) +             <=0.300
                                 0.561.
Pout > 49 W...................  >=0.860..............            <=0.300
------------------------------------------------------------------------

B. Current Process

    On May 20, 2020, DOE published the May 2020 RFI, initiating a 
review to determine whether any new or amended standards would satisfy 
the relevant requirements of EPCA for a new or amended energy 
conservation standard for EPSs. 85 FR 30636. Specifically, through the 
published notice and request for information, DOE sought data and 
information that could enable the agency to determine whether DOE 
should propose a ``no new standard'' determination because a more 
stringent standard: (1) Would not result in a significant savings of 
energy; (2) is not technologically feasible; (3) is not economically 
justified; or (4) any combination of foregoing. Id.
    Comments received to date as part of the current process have 
helped DOE identify and resolve issues related to the preliminary 
analyses. Chapter 2 of the preliminary TSD summarizes and addresses the 
comments received.

III. Summary of the Analyses Performed by DOE

    For the products covered in this preliminary analysis, DOE 
conducted in-depth technical analyses in the following areas: (1) 
Engineering; (2) markups to determine product price; (3) energy use; 
(4) life cycle cost (``LCC'') and payback period (``PBP''); and (5) 
national impacts. The preliminary TSD that presents the methodology and 
results of each of these analyses is available at: 
www1.eere.energy.gov/buildings/appliance_standards/standards.aspx?productid=1.
    DOE also conducted, and has included in the preliminary TSD, 
several other analyses that support the major analyses or are 
preliminary analyses that will be expanded if DOE determines that a 
NOPR is warranted to propose amended energy conservation standards. 
These analyses include: (1) The market and technology assessment; (2) 
the screening analysis, which contributes to the engineering analysis; 
and (3) the shipments analysis, which contributes to the LCC and PBP 
analysis and the national impact analysis (``NIA''). In addition to 
these analyses, DOE has begun preliminary work on the manufacturer 
impact analysis and has identified the methods to be used for the 
consumer subgroup analysis, the emissions analysis, the employment 
impact analysis, the regulatory impact analysis, and the utility impact 
analysis. DOE will expand on these analyses in the NOPR should one be 
issued.

A. Market and Technology Assessment

    DOE develops information in the market and technology assessment 
that provides an overall picture of the market for the products 
concerned, including general characteristics of the products, the 
industry structure, manufacturers, market characteristics, and 
technologies used in the products. This activity includes both 
quantitative and qualitative assessments, based primarily on publicly 
available information. The subjects addressed in the market and 
technology assessment include: (1) A determination of the scope of the 
rulemaking and product classes, (2) manufacturers and industry 
structure, (3) existing efficiency programs, (4) shipments information, 
(5) market and industry trends, and (6) technologies or design options 
that could improve the energy efficiency of the product.
    See chapter 3 of the preliminary TSD for further discussion of the 
market and technology assessment.

B. Screening Analysis

    DOE uses the following five screening criteria to determine which 
technology options are suitable for further consideration in an energy 
conservation standards rulemaking:
    (1) Technological feasibility. Technologies that are not 
incorporated in commercial products or in working prototypes will not 
be considered further.
    (2) Practicability to manufacture, install, and service. If it is 
determined that mass production and reliable installation and servicing 
of a technology in commercial products could not be achieved on the 
scale necessary to serve the relevant market at the time of the 
projected compliance date of the standard, then that

[[Page 10724]]

technology will not be considered further.
    (3) Impacts on product utility or product availability. If it is 
determined that a technology would have a significant adverse impact on 
the utility of the product for significant subgroups of consumers or 
would result in the unavailability of any covered product type with 
performance characteristics (including reliability), features, sizes, 
capacities, and volumes that are substantially the same as products 
generally available in the United States at the time, it will not be 
considered further.
    (4) Adverse impacts on health or safety. If it is determined that a 
technology would have significant adverse impacts on health or safety, 
it will not be considered further.
    (5) Unique-pathway proprietary technologies. If a design option 
utilizes proprietary technology that represents a unique pathway to 
achieving a given efficiency level, that technology will not be 
considered further due to the potential for monopolistic concerns. 10 
CFR part 430, subpart C, appendix A, sections 6(b)(3) and 7(b).
    If DOE determines that a technology, or a combination of 
technologies, meets one or more of the listed five screening criteria, 
it will be excluded from further consideration in the engineering 
analysis.
    See chapter 4 of the preliminary TSD for further discussion of the 
screening analysis.

C. Engineering Analysis

    The purpose of the engineering analysis is to establish the 
relationship between the efficiency and cost of EPSs. There are two 
elements to consider in the engineering analysis; the selection of 
efficiency levels to analyze (i.e., the ``efficiency analysis'') and 
the determination of product cost at each efficiency level (i.e., the 
``cost analysis''). In determining the performance of higher-efficiency 
products, DOE considers technologies and design option combinations not 
eliminated by the screening analysis. For each product class, DOE 
estimates the manufacturer production cost (``MPC'') for the baseline 
as well as higher efficiency levels. The output of the engineering 
analysis is a set of cost-efficiency ``curves'' that are used in 
downstream analyses (i.e., the LCC and PBP analyses and the NIA).
    DOE converts the MPC to the manufacturer selling price (``MSP'') by 
applying a manufacturer markup. The MSP is the price the manufacturer 
charges its first customer, when selling into the product distribution 
channels. The manufacturer markup accounts for manufacturer non-
production costs and profit margin. DOE developed the manufacturer 
markup by examining publicly available financial information for 
manufacturers of the covered product.
    See Chapter 5 of the preliminary TSD for additional detail on the 
engineering analysis.

D. Markups Analysis

    At each step in the distribution channel, companies mark up the 
price of the product to cover business costs and profit margins. The 
markups analysis develops appropriate markups (e.g., retailer markups, 
distributor markups, contractor markups, and includes sales taxes) in 
the distribution chain to convert MSP estimates derived in the 
engineering analysis to consumer prices, which are then used in the LCC 
and PBP analysis.
    DOE developed baseline and incremental markups for each actor in 
the distribution chain. Baseline markups are applied to the price of 
products with baseline efficiency, while incremental markups are 
applied to the difference in price between baseline and higher-
efficiency models (the incremental cost increase). The incremental 
markup is typically less than the baseline markup and is designed to 
maintain similar per-unit operating profit before and after new or 
amended standards.\7\
---------------------------------------------------------------------------

    \7\ Because the projected price of standards-compliant products 
is typically higher than the price of baseline products, using the 
same markup for the incremental cost and the baseline cost would 
result in higher per-unit operating profit. While such an outcome is 
possible, DOE maintains that in markets that are reasonably 
competitive it is unlikely that standards would lead to a 
sustainable increase in profitability in the long run. Chapter 6 of 
the preliminary analysis TSD provides more detail about DOE's 
assumption for incremental markups.
---------------------------------------------------------------------------

    Chapter 6 of the preliminary TSD provides details on DOE's 
development of markups for EPSs.

E. Energy Use Analysis

    The purpose of the energy use analysis is to determine the annual 
energy consumption of EPSs at different efficiencies in representative 
U.S. homes and business, and to assess the energy savings potential of 
increased EPS efficiency. The energy use analysis estimates the range 
of energy use of EPSs as they are actually used by consumers to 
establish a distribution of efficiencies. The energy use analysis 
provides the basis for other analyses DOE performed, particularly 
assessments of the energy savings and the savings in consumer operating 
costs that could result from adoption of amended or new standards.
    Chapter 7 of the preliminary TSD addresses the energy use analysis.

F. Life-Cycle Cost and Payback Period Analyses

    The effect of new or amended energy conservation standards on 
individual consumers usually involves a reduction in operating cost and 
an increase in purchase cost. DOE used the following two metrics to 
measure consumer impacts:
     The LCC is the total consumer expense of an appliance or 
product over the life of that product, consisting of total installed 
cost (manufacturer selling price, distribution chain markups, and sales 
tax) plus operating costs (expenses for energy use). To compute the 
operating costs, DOE discounts future operating costs to the time of 
purchase and sums them over the lifetime of the product.
     The PBP is the estimated amount of time (in years) it 
takes consumers to recover the increased purchase cost (including 
installation) of a more-efficient product through lower operating 
costs. DOE calculates the PBP by dividing the change in purchase cost 
at higher efficiency levels by the change in annual operating cost for 
the year that amended or new standards are assumed to take effect.
    Chapter 8 of the preliminary TSD addresses the LCC and PBP 
analyses.

G. National Impact Analysis

    The NIA estimates the national energy savings (``NES'') and the net 
present value (``NPV'') of total consumer costs and savings expected to 
result from amended standards at specific efficiency levels (referred 
to as candidate standard levels).\8\ DOE calculates the NES and NPV for 
the potential standard levels considered based on projections of annual 
product shipments, along with the annual energy consumption and total 
cost data from the energy use and LCC analyses. For the present 
analysis, DOE projected the energy savings, operating cost savings, 
product costs, and NPV of consumer benefits over the lifetime of EPSs 
sold from 2027 through 2056.
---------------------------------------------------------------------------

    \8\ The NIA accounts for impacts in the 50 states and U.S. 
territories.
---------------------------------------------------------------------------

    DOE evaluates the impacts of new or amended standards by comparing 
a case without such standards with standards-case projections (``no-
new-standards case''). The no-new-standards case characterizes energy 
use and consumer costs for each product class in the absence of new or 
amended energy

[[Page 10725]]

conservation standards. For this projection, DOE considers historical 
trends in efficiency and various forces that are likely to affect the 
mix of efficiencies over time. DOE compares the no-new-standards case 
with projections characterizing the market for each product class if 
DOE adopted new or amended standards at specific energy efficiency 
levels for that class. For each efficiency level, DOE considers how a 
given standard would likely affect the market shares of product with 
efficiencies greater than the standard.
    DOE uses a spreadsheet model to calculate the energy savings and 
the national consumer costs and savings from each efficiency level. 
Interested parties can review DOE's analyses by changing various input 
quantities within the spreadsheet. The NIA spreadsheet model uses 
typical values (as opposed to probability distributions) as inputs. 
Critical inputs to this analysis include shipments projections, 
estimated product lifetimes, product installed costs and operating 
costs, product annual energy consumption, the base case efficiency 
projection, and discount rates.
    DOE estimates a combined total of 0.9 quads of site energy savings 
at the max-tech efficiency levels for EPSs. Combined site energy 
savings at Efficiency Level 1 for all product classes are estimated to 
be 0.05 quads.
    Chapter 10 of the preliminary TSD addresses the NIA.

IV. Public Participation

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

A. Participation in the Webinar

    The time and date for the webinar meeting are listed in the DATES 
section at the beginning of this document. Webinar registration 
information, participant instructions, and information about the 
capabilities available to webinar participants will be published on 
DOE's website: www.energy.gov/eere/buildings/public-meetings-and-comment-deadlines. Participants are responsible for ensuring their 
systems are compatible with the webinar software.

B. Procedure for Submitting Prepared General Statements for 
Distribution

    Any person who has an interest in the topics addressed in this 
document, or who is representative of a group or class of persons that 
has an interest in these issues, may request an opportunity to make an 
oral presentation at the webinar. Such persons may submit such request 
to [email protected]. Persons who wish to speak 
should include with their request a computer file in Microsoft Word, 
PDF, or text (ASCII) file format that briefly describes the nature of 
their interest in this rulemaking and the topics they wish to discuss. 
Such persons should also provide a daytime telephone number where they 
can be reached.
    Persons requesting to speak should briefly describe the nature of 
their interest in this rulemaking and provide a telephone number for 
contact. DOE requests persons selected to make an oral presentation to 
submit an advance copy of their statements at least two weeks before 
the webinar. At its discretion, DOE may permit persons who cannot 
supply an advance copy of their statement to participate, if those 
persons have made advance alternative arrangements with the Building 
Technologies Office. As necessary, requests to give an oral 
presentation should ask for such alternative arrangements.

C. Conduct of the Webinar

    DOE will designate a DOE official to preside at the webinar and may 
also use a professional facilitator to aid discussion. The meeting will 
not be a judicial or evidentiary-type public hearing, but DOE will 
conduct it in accordance with section 336 of EPCA (42 U.S.C. 6306). A 
court reporter will be present to record the proceedings and prepare a 
transcript. DOE reserves the right to schedule the order of 
presentations and to establish the procedures governing the conduct of 
the webinar/public meeting. There shall not be discussion of 
proprietary information, costs or prices, market share, or other 
commercial matters regulated by U.S. anti-trust laws. After the webinar 
and until the end of the comment period, interested parties may submit 
further comments on the proceedings and any aspect of the rulemaking.
    The webinar will be conducted in an informal, conference style. DOE 
will present a general overview of the topics addressed in the 
preliminary assessment, allow time for prepared general statements by 
participants, and encourage all interested parties to share their views 
on issues affecting this rulemaking. Each participant will be allowed 
to make a general statement (within time limits determined by DOE), 
before the discussion of specific topics. DOE will permit, as time 
permits, other participants to comment briefly on any general 
statements.
    At the end of all prepared statements on a topic, DOE will permit 
participants to clarify their statements briefly. Participants should 
be prepared to answer questions by DOE and by other participants 
concerning these issues. DOE representatives may also ask questions of 
participants concerning other matters relevant to this rulemaking. The 
official conducting the webinar will accept additional comments or 
questions from those attending, as time permits. The presiding official 
will announce any further procedural rules or modification of the above 
procedures that may be needed for the proper conduct of the webinar.
    A transcript of the webinar meeting will be included in the docket, 
which can be viewed as described in the Docket section at the beginning 
of this document. In addition, any person may buy a copy of the 
transcript from the transcribing reporter.

D. Submission of Comments

    DOE invites all interested parties, regardless of whether they 
participate in the webinar, to submit in writing by April 26, 2022, 
comments and information on matters addressed in this notification and 
on other matters relevant to DOE's consideration of amended energy 
conservations standards for EPSs. Interested parties may submit 
comments, data, and other information using any of the methods 
described in the ADDRESSES section at the beginning of this document.
    Submitting comments via www.regulations.gov. The 
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

[[Page 10726]]

properly because of technical difficulties, DOE will use this 
information to contact you. If DOE cannot read your comment due to 
technical difficulties and cannot contact you for clarification, DOE 
may not be able to consider your comment.
    However, your contact information will be publicly viewable if you 
include it in the comment itself or in any documents attached to your 
comment. Any information that you do not want to be publicly viewable 
should not be included in your comment, nor in any document attached to 
your comment. If this instruction is followed, persons viewing comments 
will see only first and last names, organization names, correspondence 
containing comments, and any documents submitted with the comments.
    Do not submit to 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 
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 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 www.regulations.gov 
provides after you have successfully uploaded your comment.
    Submitting comments via email. Comments and documents submitted via 
email also will be posted to 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. No faxes will be accepted.
    Comments, data, and other information submitted to DOE 
electronically should be provided in PDF (preferred), Microsoft Word or 
Excel, or text (ASCII) file format. Provide documents that are not 
secured, that are written in English, and that are free of any defects 
or viruses. Documents should not contain special characters or any form 
of encryption and, if possible, they should carry the electronic 
signature of the author.
    Campaign form letters. Please submit campaign form letters by the 
originating organization in batches of between 50 to 500 form letters 
per PDF or as one form letter with a list of supporters' names compiled 
into one or more PDFs. This reduces comment processing and posting 
time.
    Confidential Business Information. Pursuant to 10 CFR 1004.11(e), 
(f), any person submitting information that he or she believes to be 
confidential and exempt by law from mandatory public disclosure should 
submit via email two well-marked copies: One copy of the document 
marked ``confidential'' including all the information believed to be 
confidential, and one copy of the document marked ``non-confidential'' 
with the information believed to be confidential deleted. DOE will make 
its own determination about the confidential status of the information 
and treat it according to its determination.
    It is DOE's policy that all comments may be included in the public 
docket, without change and as received, including any personal 
information provided in the comments (except information deemed to be 
exempt from public disclosure).

V. Approval of the Office of the Secretary

    The Secretary of Energy has approved publication of this 
notification of a webinar and availability of preliminary technical 
support document.

Signing Authority

    This document of the Department of Energy was signed on February 7, 
2022, by Kelly J. Speakes-Backman, Principal Deputy Assistant Secretary 
for Energy Efficiency and Renewable Energy, pursuant to delegated 
authority from the Secretary of Energy. That document with the original 
signature and date is maintained by DOE. For administrative purposes 
only, and in compliance with requirements of the Office of the Federal 
Register, the undersigned DOE Federal Register Liaison Officer has been 
authorized to sign and submit the document in electronic format for 
publication, as an official document of the Department of Energy. This 
administrative process in no way alters the legal effect of this 
document upon publication in the Federal Register.

    Signed in Washington, DC, on February 17, 2022.
Treena V. Garrett,
Federal Register Liaison Officer, U.S. Department of Energy.
[FR Doc. 2022-03850 Filed 2-24-22; 8:45 am]
BILLING CODE 6450-01-P