[Federal Register Volume 87, Number 91 (Wednesday, May 11, 2022)]
[Rules and Regulations]
[Pages 28755-28756]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-10083]



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 Rules and Regulations
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  Federal Register / Vol. 87, No. 91 / Wednesday, May 11, 2022 / Rules 
and Regulations  

[[Page 28755]]



DEPARTMENT OF ENERGY

10 CFR Part 430

[EERE-2016-BT-TP-0018]
RIN 1904-AD68


Energy Conservation Program: Test Procedure for Uninterruptible 
Power Supplies; Correction

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

ACTION: Correcting amendment.

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

SUMMARY: On December 12, 2016, the U.S. Department of Energy (``DOE'') 
published a final rule that added a test procedure for uninterruptible 
power supplies (UPSs) to the existing DOE test procedure for battery 
chargers. This document corrects an error in the amended regulatory 
text as it appeared in the December 2016 final rule. Neither the error 
nor the correction in this document affect the substance of the 
rulemaking or any conclusions reached in support of the final rule.

DATES: Effective May 11, 2022.

FOR FURTHER INFORMATION CONTACT: 
    Mr. Jeremy Dommu, U.S. Department of Energy, Office of Energy 
Efficiency and Renewable Energy, Building Technologies Office, EE-5B, 
1000 Independence Avenue SW, Washington, DC 20585-0121. Telephone: 
(202) 586-9870. Email [email protected].
    Mr. Pete Cochran, U.S. Department of Energy, Office of the General 
Counsel, GC-33, 1000 Independence Avenue SW, Washington, DC 20585-0121. 
Telephone: (202) 586-9496. Email: [email protected].

SUPPLEMENTARY INFORMATION:

I. Background

    DOE published a final rule in the Federal Register on December 12, 
2016, establishing a test procedure for UPSs as an addition to the 
existing test procedure for battery chargers at title 10 of the Code of 
Federal Regulations (``CFR''), part 430, subpart B, appendix Y 
(``appendix Y''). 81 FR 89806. Since publication of the final rule, DOE 
identified an error in the regulatory text for the UPS test procedure. 
The regulatory text in section 4.2.1 ``General Setup'' of appendix Y 
requires the tester to ``configure the UPS according to Annex J.2 of 
IEC 62040-3 Ed. 2.0,'' then states in paragraph (a) of that section: 
``If the UPS can operate in two or more distinct normal modes as more 
than one UPS architecture, conduct the test in its lowest input 
dependency as well as in its highest input dependency mode where VFD 
represents the lowest possible input dependency, followed by VI and 
then VFI.'' However, the text in paragraph (a) erroneously identifies 
VFD as the lowest input dependency, whereas it is in fact the highest 
input dependency as identified in the referenced Annex J.2 of IEC 
62040-3.

II. Need for Correction

    As published, the regulatory text in the December 2016 final rule 
may result in confusion as to the identified input dependency modes for 
the purposes of product testing in accordance with appendix Y and 
certifications of compliance with energy conservation standards for 
UPSs in accordance with 10 CFR 429.39. The current regulatory text is 
also in conflict with the referenced industry test procedure. Because 
this final rule would simply correct an error in the text without 
making substantive changes in the December 2016 final rule, the changes 
addressed in this document are technical in nature.

III. Procedural Issues and Regulatory Review

    DOE has concluded that the determinations made pursuant to the 
various procedural requirements applicable to the December 2016 final 
rule remain unchanged for this final rule technical correction. These 
determinations are set forth in the December 2020 final rule. 81 FR 
89806, 89818.
    Pursuant to the Administrative Procedure Act, 5 U.S.C. 
553(b)(3)(B), DOE finds that there is good cause to not issue a 
separate notice to solicit public comment on the changes contained in 
this document. Issuing a separate notice to solicit public comment 
would be impracticable, unnecessary, and contrary to the public 
interest. Neither the errors nor the corrections in this document 
affect the substance of the December 2016 final rule or any of the 
conclusions reached in support of the final rule. Providing prior 
notice and an opportunity for public comment on correcting objective, 
typographical errors that do not change the substance of the test 
procedure serves no useful purpose.
    Further, this rule correcting a regulatory text error makes non-
substantive changes to the test procedure. As such, this rule is not 
subject to the 30-day delay in effective date requirement of 5 U.S.C. 
553(d) otherwise applicable to rules that make substantive changes.

List of Subjects in 10 CFR Part 430

    Administrative practice and procedure, Confidential business 
information, Energy conservation, Household appliances, Imports, 
Intergovernmental relations, Small businesses.

Signing Authority

    This document of the Department of Energy was signed on May 5, 
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 May 6, 2022.
Treena V. Garrett,
Federal Register Liaison Officer, U.S. Department of Energy.

    For the reasons stated in the preamble, DOE corrects part 430 of 
chapter II, subchapter D, of title 10 of the Code of Federal 
Regulations by making the following correcting amendment:

[[Page 28756]]

PART 430--ENERGY CONSERVATION PROGRAM FOR CONSUMER PRODUCTS

0
1. The authority citation for part 430 continues to read as follows:

    Authority: 42 U.S.C. 6291-6309; 28 U.S.C. 2461 note.


0
2. Appendix Y to subpart B of part 430 is amended by revising section 
4.2.1(a) to read as follows:

Appendix Y to Subpart B of Part 430--Uniform Test Method for Measuring 
the Energy Consumption of Battery Chargers

* * * * *
    4.2. * * *
    4.2.1. * * *
* * * * *
    (a) UPS Operating Mode Conditions. If the UPS can operate in two 
or more distinct normal modes as more than one UPS architecture, 
conduct the test in its lowest input dependency as well as in its 
highest input dependency mode where VFD represents the highest 
possible input dependency, followed by VI and then VFI.
* * * * *
[FR Doc. 2022-10083 Filed 5-10-22; 8:45 am]
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