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.

Proposed Rules Federal Register

5742 

Vol. 87, No. 22 

Wednesday, February 2, 2022 

1All 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). 

2For editorial reasons, upon codification in the 

U.S. Code, Part B was redesignated Part A. 

DEPARTMENT OF ENERGY 

10 CFR Part 430 

[EERE–2022–BT–TP–0005] 

RIN 1904–AF11 

Energy Conservation Program: Test 

Procedure for Uninterruptible Power 

Supplies 

AGENCY: Office of Energy Efficiency and 

Renewable Energy, Department of 

Energy. 

ACTION: Request for information. 

SUMMARY: The U.S. Department of 

Energy (‘‘DOE’’) is undertaking the 

preliminary stages of a rulemaking to 

consider amendments to the test 

procedure for uninterruptible power 

supplies. This request for 

information(‘‘RFI’’) seeks data and 

information regarding issues pertinent 

to whether amended test procedures 

would more accurately or fully comply 

with the requirement that the test 

procedure produces results that measure 

energy use during a representative 

average use cycle or period of use for 

the product without being unduly 

burdensome to conduct, or reduce 

testing burden. DOE welcomes written 

comments from the public on any 

subject within the scope of this 

document (including topics not raised 

in this document), as well as the 

submission of data and other relevant 

information. 

DATES: Written comments and 

information are requested and will be 

accepted on or before March 4, 2022. 

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–2022–BT–TP–0005, by 

any of the following methods: 

1. Federal eRulemaking Portal: 

www.regulations.gov. Follow the 

instructions for submitting comments. 

2. Email: to UPS2022TP0005@

ee.doe.gov. Include docket number 

EERE–2022–BT–TP–0005 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 

III 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 corona virus 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, 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/EERE2022-BT-TP-0005. The docket web page 

contains instructions on how to access 

all documents, including public 

comments, in the docket. See section III 

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 Office, EE–5B, 1000 

Independence Avenue SW, Washington, 

DC 20585–0121. Telephone: (202) 586– 

9870. Email: 

ApplianceStandardsQuestions@

ee.doe.gov. 

Mr. Michael Kido, U.S. Department of 

Energy, Office of the General Counsel, 

GC–33, 1000 Independence Avenue SW, 

Washington, DC 20585–0121. 

Telephone: (202) 586–8145. Email: 

Michael.kido@hq.doe.gov. 

For further information on how to 

submit a comment or review other 

public comments and the docket, 

contact the Appliance and Equipment 

Standards Program staff at (202) 287– 

1445 or by email: 

ApplianceStandardsQuestions@

ee.doe.gov. 

SUPPLEMENTARY INFORMATION: 

Table of Contents 

I. Introduction 

A. Authority and Background 

B. Rulemaking History 

II. Request for Information 

A. Scope and Definitions 

B. Test Procedure 

1. Updates to Industry Standards 

2. Load Weightings 

C. Test Procedure Waivers 

III. Submission of Comments 

I. Introduction 

Uninterruptible power supplies 

(‘‘UPSs’’) are a class of battery chargers 

and fall among the consumer and 

industrial equipment for which DOE is 

authorized to establish and amend test 

procedures and energy conservation 

standards. (42 U.S.C. 6295(u)) DOE’s 

test procedures for UPSs are prescribed 

in the Code of Federal Regulation 

(‘‘CFR’’) at appendix Y to subpart B of 

10 CFR part 430 (‘‘appendix Y’’). The 

following sections discuss DOE’s 

authority to establish and amend test 

procedures for UPSs, as well as relevant 

background information regarding 

DOE’s consideration of test procedures 

for this product. 

A. Authority and Background 

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, which sets forth a 

variety of provisions designed to 


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improve energy efficiency. These 

products include UPSs, the subject of 

this RFI. (42 U.S.C. 6295(u)) 

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) 

DOE may, however, grant waivers of 

Federal preemption for particular State 

laws or regulations, in accordance with 

the procedures and other provisions of 

EPCA. (42 U.S.C. 6297(d)) 

The Federal testing requirements 

consist of test procedures that 

manufacturers of covered products must 

use as the basis for: (1) Certifying to 

DOE that their products comply with 

the applicable energy conservation 

standards adopted pursuant to EPCA (42 

U.S.C. 6295(s)), and (2) making 

representations about the efficiency of 

those consumer products (42 U.S.C. 

6293(c)). Similarly, DOE must use these 

test procedures to determine whether 

the products comply with relevant 

standards promulgated under EPCA. (42 

U.S.C. 6295(s)) 

Under 42 U.S.C. 6293, EPCA sets forth 

the criteria and procedures DOE must 

follow when prescribing or amending 

test procedures for covered products. 

EPCA requires that any test procedures 

prescribed or amended under this 

section be reasonably designed to 

produce test results that measure energy 

efficiency, energy use or estimated 

annual operating cost of a covered 

product during a representative average 

use cycle or period of use and not be 

unduly burdensome to conduct. (42 

U.S.C. 6293(b)(3)) 

In addition, EPCA requires that DOE 

amend its test procedures for all covered 

products to integrate measures of 

standby mode and off mode energy 

consumption into the overall energy 

efficiency, energy consumption, or other 

energy descriptor, taking into 

consideration the most current versions 

of Standards 62301 and 62087 of the 

International Electrotechnical 

Commission (‘‘IEC’’), unless the current 

test procedure already incorporates the 

standby mode and off mode energy 

consumption, or if such integration is 

technically infeasible. (42 U.S.C. 

6295(gg)(2)(A)) If an integrated test 

procedure is technically infeasible, DOE 

must prescribe separate standby mode 

and off mode energy use test procedures 

for the covered product, if a separate 

test is technically feasible. (Id.) 

EPCA also requires that, at least once 

every 7 years, DOE review test 

procedures for all types of covered 

products, including UPSs, to determine 

whether amended test procedures 

would more accurately or fully comply 

with the requirements that the test 

procedures be reasonably designed to 

produce test results that reflect energy 

efficiency, energy use, and estimated 

operating costs during a representative 

average use cycle or period of use and 

to not be unduly burdensome to 

conduct. (42 U.S.C. 6293(b)(1)(A)) If the 

Secretary determines, on her own behalf 

or in response to a petition by any 

interested person, that a test procedure 

should be prescribed or amended, the 

Secretary shall promptly publish in the 

Federal Register proposed test 

procedures and afford interested 

persons an opportunity to present oral 

and written data, views, and arguments 

with respect to such procedures. The 

comment period on a proposed rule to 

amend a test procedure shall be at least 

60 days and may not exceed 270 days. 

In prescribing or amending a test 

procedure, the Secretary shall take into 

account such information as the 

Secretary determines relevant to such 

procedure, including technological 

developments relating to energy use or 

energy efficiency of the type (or class) 

of covered products involved. (42 U.S.C. 

6293(b)(2)) If DOE determines that test 

procedure revisions are not appropriate, 

DOE must publish its determination not 

to amend the test procedure. DOE is 

publishing this RFI to collect data and 

information to inform its decision in 

satisfaction of the 7-year review 

requirement specified in EPCA. (42 

U.S.C. 6293(b)(1)(A)) 

DOE has established a process to 

develop energy conservation standards 

and test procedures for covered 

products and equipment. 10 CFR part 

430, subpart C, appendix A, Procedures, 

Interpretations, and Policies for 

Consideration of New or Revised Energy 

Conservation Standards and Test 

Procedures for Consumer Products and 

Certain Commercial/Industrial 

Equipment (‘‘Appendix A’’). While the 

procedures, interpretations, and policies 

laid out in the appendix A are generally 

applicable to DOE’s rulemaking 

program, application of these guidelines 

to a specific rulemaking is determined 

on a case-by-case basis. 86 FR 70892, 

70900–70901, 70925 (December 13, 

2021). DOE may, as necessary, deviate 

from the appendix A to account for the 

specific circumstances of a particular 

rulemaking. See appendix A, section 

3(a). 

DOE’s general procedure is to follow 

an early assessment process for test 

procedure rulemakings, in which DOE 

will first publish a notice in the Federal 

Register whenever DOE is considering 

initiation of a rulemaking to amend a 

test procedure. In that notice, DOE will 

request submission of comments, 

including data and information on 

whether an amended test procedure 

would: (1) More accurately measure 

energy efficiency, energy use, water use 

(as specified in EPCA), or estimated 

annual operating cost of a covered 

product during a representative average 

use cycle or period of use without being 

unduly burdensome to conduct; or (2) 

reduce testing burden. Appendix A, 

section 8(a). DOE will review comments 

submitted and determine whether it 

agrees with the submitted information. 

If DOE determines that an amended test 

procedure is not justified at that time, it 

will not pursue the rulemaking and will 

publish a notice in the Federal Register 

to that effect. If DOE receives sufficient 

information suggesting an amended test 

procedure (1) could more accurately 

measure energy efficiency, energy use, 

water use (as specified in EPCA), or 

estimated annual operating cost of a 

covered product during a representative 

average use cycle or period of use and 

not be unduly burdensome to conduct, 

(2) reduce testing burden, or (3) the 

information received is inconclusive 

with regard to these points, DOE would 

undertake the preliminary stages of a 

rulemaking to amend the test procedure. 

Id. If DOE determines that it is 

appropriate to continue the test 

procedure rulemaking after the early 

assessment process, DOE would provide 

further opportunities for early public 

input through Federal Register 

documents, including notices of data 

availability and/or RFIs. See appendix 

A, section 8(b). 

Based on the identification of key 

issues described in section II of this 

document, DOE has determined that it 

is appropriate to initiate a test 

procedure rulemaking for UPSs and is 

providing opportunity for public input 

through this RFI. In particular, as 

discussed in section II.B.1 of this RFI, 

DOE has identified relevant and 

substantive updates to industry test 

standards that are incorporated by 

reference in DOE’s test procedure for 

UPSs. These updates warrant 

consideration by DOE through the 


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3Plug designations are as specified in American 

National Standards Institute (‘‘ANSI’’)/NEMA WD 

6–2016 incorporated by reference at 10 CFR 430.2. 

4 IEC 62040–3, ‘‘Uninterruptible power systems 

(UPS)—Part 3: Methods of specifying the 

performance and test requirements,’’ Edition 2.0, 

available on IEC webstore at webstore.iec.ch. 

notice and comment rulemaking 

process. 

B. Rulemaking History 

On December 12, 2016, DOE amended 

its battery charger test procedure by 

adding a discrete test procedure for 

UPSs. 81 FR 89806 (‘‘December 2016 

Final Rule’’). The December 2016 Final 

Rule incorporated by reference specific 

sections of the relevant industry 

standard for UPSs, with additional 

instructions, into the current battery 

charger test procedure published at 

appendix Y. Id. The December 2016 

Final Rule also established definitions 

related to UPSs and revised the 

compliance certification requirements 

for battery chargers more generally at 10 

CFR 429.39. Id. 

II. Request for Information 

In the following sections, DOE has 

identified a variety of issues on which 

it seeks input to determine whether, and 

if so how, an amended test procedure 

for UPSs would: (1) More accurately or 

fully comply with the requirements in 

EPCA that test procedures be reasonably 

designed to produce test results that 

reflect energy use during a 

representative average use cycle or 

period of use, without being unduly 

burdensome to conduct (42 U.S.C. 

6293(b)(3)); or (2) reduce testing burden. 

Additionally, DOE welcomes 

comments on any aspect of the existing 

test procedure for UPSs that may not 

specifically be identified in this 

document. 

A. Scope and Definitions 

DOE defines a UPS as a battery 

charger consisting of a combination of 

convertors, switches and energy storage 

devices (such as batteries), constituting 

a power system for maintaining 

continuity of load power in case of 

input power failure. Appendix Y, 

section 2.27. The scope of the current 

test procedure at appendix Y, as 

applicable to UPSs, covers UPSs that 

utilize the standardized National 

Electrical Manufacturer Association 

(‘‘NEMA’’) plug, 1–15P or 5–15P,3 and 

have an alternating current (‘‘AC’’) 

output. Appendix Y, section 1. 

Issue 1: DOE seeks information on 

whether the current definition for UPS 

is still appropriate or whether DOE 

should consider an amended definition. 

DOE additionally seeks comment on 

whether the scope of the test procedure 

as it pertains to UPSs is still appropriate 

or whether DOE should consider any 

changes in scope. If either the definition 

of UPS or scope of the test procedure 

should be updated, DOE seeks comment 

and information on how these should be 

updated. 

B. Test Procedure 

Section 4 of appendix Y specifies 

testing requirements specific to UPSs, 

summarized as follows. 

Section 4.1.1 of appendix Y specifies 

requirements for the power or energy 

measuring meter, including uncertainty 

requirements, calibration requirements, 

and a requirement that the meter must 

measure input and output values 

simultaneously. Section 4.1.2 of 

appendix Y specifies maximum air 

speed requirements within the test 

room; specifies allowable ambient air 

temperature conditions; prohibits the 

use of intentional cooling of the unit 

under test (‘‘UUT’’); and requires testing 

the UUT on a thermally non-conductive 

surface. Section 4.1.3 of appendix Y 

specifies that the AC input voltage and 

frequency must be within 3 percent of 

the highest rated voltage and within 1 

percent of the highest rated frequency of 

the UUT. 

Section 4.2.1 of appendix Y specifies 

general setup requirements and requires 

configuring the UPS according to Annex 

J.2 of International Electrotechnical 

Commission’s (‘‘IEC’’) Standard 62040– 

3 Edition 2.0 (‘‘IEC 62040–3 Ed. 2.0’’),4

with additional specified requirements. 

Specifically, section 4.2.1(a) of 

appendix Y specifies that 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 voltage and frequency dependent 

(‘‘VFD’’) represents the lowest possible 

input dependency, followed by voltage 

independent (‘‘VI’’) and then voltage 

and frequency independent (‘‘VFI’’). 

Section 4.2.1(b) of appendix Y specifies 

that the UPS must not be modified or 

adjusted to disable energy storage 

charging features. This section also 

provides specific instructions for 

ensuring that the energy storage system 

is fully charged at the start of testing in 

order to minimize the transfer of energy 

to and from the energy storage system. 

Section 4.2.1(c) specifies that all direct 

current (‘‘DC’’) output ports of the UUT 

must remain unloaded during testing. 

Section 4.2.2 of appendix Y addresses 

additional features that may be present 

on the UUT; specifically: (a) Any feature 

unrelated to maintaining the energy 

storage system at full charge or delivery 

of load power (e.g., LCD display) shall 

be switched off; or, if it is not possible 

to switch such features off, they shall be 

set to their lowest power-consuming 

mode during the test; (b) if the UPS 

takes (i.e., accepts) any physically 

separate connectors or cables not 

required for maintaining the energy 

storage system at full charge or delivery 

of load power but associated with other 

features (such as serial or USB 

connections, Ethernet, etc.), these 

connectors or cables shall be left 

disconnected during the test; and (c) 

any manual on-off switches specifically 

associated with maintaining the energy 

storage system at full charge or delivery 

of load power shall be switched on for 

the duration of the test. 

Section 4.3 of appendix Y specifies 

that efficiency can be calculated from 

either average power or accumulated 

energy. Section 4.3.1 specifies the 

calculation method if efficiency is to be 

calculated using average power and 

requires sampling the power at a rate of 

at least one sample per second. Section 

4.3.2 requires operating the UUT and 

the load for a sufficient length of time 

to reach steady state conditions and 

specifies a procedure for determining if 

steady state conditions have been 

attained. Section 4.3.3 of appendix Y 

specifies measuring either the input and 

output power of the UUT according to 

Section J.3 of Annex J of IEC 62040–3 

Ed. 2.0, or measuring the input and 

output energy of the UUT for efficiency 

calculations, with the following 

exceptions: (a) Test the UUT at the 

following reference test load conditions, 

in the following order: 100 percent, 75 

percent, 50 percent, and 25 percent of 

the rated output power; and (b) perform 

the test at each of the reference test 

loads by simultaneously measuring the 

UUT’s input and output power in Watts 

(‘‘W’’), or input and output energy in 

Watt-Hours (‘‘Wh’’) over a 15-minute 

test period at a rate of at least 1 Hertz. 

Equations for calculating the efficiency 

for each reference load are provided. 

Section 4.3.4 of appendix Y specifies an 

optional test for the determination of 

UPS architecture by performing the tests 

specified in the definitions of VI, VFD, 

and VFI (sections 2.28.1 through 2.28.3 

of appendix Y). 

Section 4.3.5 of appendix Y specifies 

equations for calculating output 

efficiency of the UUT. This section 

includes a table of weightings applied to 

the measured efficiency at each 

reference test load, as discussed further 

in section II.B.2 of this RFI. 

Issue 2: DOE requests comment on 

any aspect of the current test procedure 


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5The ENERGY STAR UPS Specification Version 

1.0 can be found at https://www.energystar.gov/ 

products/spec/uninterruptible_power_supplies_

specification_version_1_0_pd. 

requirements provided in Section 4 of 

appendix Y for testing UPSs, including 

whether DOE should consider any 

amendments to these procedures. If any 

amendments should be considered, DOE 

requests data and specific information 

to provide justification for considering 

such amendments. 

1. Updates to Industry Standards

As discussed, the current UPS test

procedure incorporates by reference 

certain sections of IEC 62040–3 Ed. 2.0 

regarding test setup, input and output 

power measurement, and for the 

optional determination of UPS 

architecture. Since publication of the 

December 2016 Final Rule, IEC has 

updated the IEC 62040–3 standard to its 

third edition (‘‘IEC 62040–3 Ed. 3.0’’). 

The following paragraphs summarize 

the key changes from the second 

edition, based on DOE’s initial review of 

the revised standard. 

Section 4 of IEC 62040–3 Ed. 3.0 

includes updates to various 

environmental conditions, such as the 

general test environment and operating 

conditions when testing UPSs. 

Appendix Y, however, does not refer to 

section 4 of the IEC 62040–3 standard 

but instead provides its own 

environmental and operating conditions 

for testing purposes. DOE has therefore 

determined that its test procedure for 

measuring the efficiency of UPSs will 

remain unaffected by the updates to 

section 4 of the IEC 62040–3 Ed. 3.0. 

Section 5.2 of IEC 62040–3 Ed. 2.0 

addresses UPS input specifications, 

such as the input voltage range, input 

frequency range and total harmonic 

distortions during which the UPS under 

test must remain in normal mode of 

operation. While an initial review of IEC 

62040–3 Ed. 3.0 shows significant 

editorial changes to the sections that 

define these parameters, except for 

Table 3, which provides the maximum 

level of individual harmonic voltages 

allowed, the remainder of the 

parameters remain unchanged. 

Similarly, section 5.3 of IEC 62040–3 

Ed. 3.0 provides the minimum output 

specifications for UPSs that must be 

declared by manufacturers such as its 

input dependency, rated output voltage 

and RMS output voltage tolerance band, 

rated frequency tolerance band, rated 

output active and apparent power, total 

harmonic distortion, etc. As before, the 

majority of the changes to this section 

are editorial except for the criteria in 

section 5.3.4 of Edition 2.0 that are used 

to classify the output waveform shape 

when paired with linear and reference 

non-linear loads (reorganized to section 

5.3.4.3 in Edition 3.0). 

Issue 3: DOE requests detailed 

comment on the updates made to 

sections 5.2 and 5.3 of IEC 62040–3 Ed. 

3.0 and whether DOE should revise all 

or parts of its incorporation by reference 

to harmonize with these changes. DOE 

also requests feedback on whether any 

of the specific updates found in the new 

standard has the potential to alter the 

recorded efficiency of UPSs as currently 

measured by appendix Y. As an 

example, DOE requests comment on 

whether updating its reference to the 

revised total harmonic distortion 

requirements found in Table 3 of IEC 

62040–3 Ed. 3.0 is necessary and would 

doing so alter the recorded efficiency as 

currently measured by appendix Y. 

Section 6 of IEC 62040–3 Ed. 2.0 

previously provided instructions for 

performing the AC input failure test 

(subsection 6.2.2.7), the steady-state 

input voltage tolerance test (subsection 

6.4.1.1), and the input frequency 

tolerance test (subsection 6.4.1.2) that 

are used to classify the input 

dependency of a UPS as VFD, VI or VFI. 

IEC 62040–3 Ed. 3.0 has since updated 

these subsections with the following 

changes: Subsection titles and 

numbering have been updated to 

specifically refer to them as VI, VFD and 

VFI input dependency tests, additional 

criteria have been added for meeting the 

VI, VFD and VFI classifications and a 

new test load condition at 0% (i.e., noload) has been added. 

Issue 4: DOE requests comment on the 

benefits and consequences of aligning 

its test procedure with the above 

changes to section 6 of IEC 62040–3 Ed. 

3.0. Specifically, DOE requests 

information on whether incorporating 

the additional no-load test and updated 

criteria for determining input 

dependency of a UPS has the potential 

to cause currently reported UPS inputdependency classifications to change. 

Additional updates to Annex J to IEC 

62040–3 Ed. 3.0 require multi-mode 

UPSs to be tested at all dependency 

modes, whereas DOE’s current test 

procedure explicitly requires UPSs to be 

tested at only their highest and lowest 

input dependency modes, as discussed 

previously in section II.B of this RFI. 

Annex J has also been updated to allow 

manufacturers to test UPSs with 

functions or ports set to the lowest 

power consuming mode or disconnected 

if they are not related to maintaining the 

energy storage device (i.e., batteries) at 

full charge, along with added reporting 

requirements for manufacturers to 

report these features, interfaces, or ports 

that have been turned off or set to the 

lowest power consuming mode. This 

updated clarification regarding 

additional features is similar to DOE’s 

current test procedure, which requires 

UPSs to be tested with such features off 

or disconnected, as discussed 

previously; however, DOE currently 

does not require manufacturers to report 

these manually switched off features. 

Issue 5: DOE requests comment on the 

updates to Annex J—and more 

specifically on whether DOE should 

align its own certification requirements 

with the additional criteria in IEC 

62040–3 Ed. 3.0 to report features, 

interfaces, or ports that have been 

turned off or set to the lowest power 

consuming mode during testing. 

Issue 6: DOE requests comment on its 

summary of changes in IEC 62040–3 Ed. 

3.0, and whether any other changes not 

discussed in this RFI would be relevant 

to DOE’s test procedure for UPSs. DOE 

requests comment on whether DOE 

should further align any aspects of 

appendix Y with IEC 62040–3 Ed. 3.0, 

and on any impact such alignments may 

have on test results, test procedure 

representativeness, and test burden. 

2. Load Weightings

As discussed, section 4.3.3 of

appendix Y specifies determining the 

UPS’s efficiency at four reference 

loading points: 25%, 50%, 75%, and 

100%. The measured efficiency values 

from each reference test load are 

multiplied with their respective load 

weightings, shown in Table 1, to 

determine the average load adjusted 

efficiency. The load weightings 

represent the portion of time spent at 

the specified loading point. These 

weightings were established in the 

December 2016 Final Rule consistent 

with the load weightings specified in 

ENERGY STAR UPS Specification 

Version 1.0.5 81 FR 89806, 89816 

(December 12, 2016). 


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TABLE 1—LOAD WEIGHTINGS SPECIFIED IN TABLE 4.3.1 OF APPENDIX Y 

Rated output power (W) UPS architecture 

Portion of time spent at 

reference load 

25% 50% 75% 100% 

P ≤1500 W ........................................ VFD .................................................. 0.2 0.2 0.3 0.3 

VI or VFI ........................................... 0 * 0.3 0.4 0.3 

P >1500 W ........................................ VFD, VI, or VFI ................................ 0 * 0.3 0.4 0.3 

* Measuring efficiency at loading points with 0 time-weighting is not required. 

Issue 7: DOE requests comment on 

whether the UPS load weightings 

specified in Table 4.3.1 are 

representative of current UPS usage 

patterns. DOE also requests data on the 

consumer usage profile of UPSs with 

respect to each architecture (i.e., VFD, 

VI, and VFI). 

C. Test Procedure Waivers 

A person may seek a waiver from the 

test procedure requirements for a 

particular basic model of a type of 

covered product upon the grounds that 

the basic model for which the petition 

for waiver is submitted contains one or 

more design characteristics that: (1) 

Prevent testing of the basic model 

according to the prescribed test 

procedure, or (2) cause the prescribed 

test procedures to evaluate the basic 

model in a manner so unrepresentative 

of its true energy consumption 

characteristics as to provide materially 

inaccurate comparative data. 10 CFR 

430.27(a)(1). DOE has not granted any 

test procedure waivers for the current 

UPS test procedure. 

III. Submission of Comments 

DOE invites all interested parties to 

submit in writing by the date specified 

under the DATES heading, comments and 

information on matters addressed in this 

RFI and on other matters relevant to 

DOE’s consideration of amended test 

procedures for UPSs. These comments 

and information will aid in the 

development of a test procedure notice 

of proposed rulemaking for UPSs if DOE 

determines that amended test 

procedures may be appropriate for these 

products. 

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 

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 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. 

Following this instruction, 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 on 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. Faxes 

will not 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, 

written in English and 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. 

According 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 two wellmarked 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). 

DOE considers public participation to 

be a very important part of the process 

for developing test procedures and 

energy conservation standards. DOE 

actively encourages the participation 


jspears on DSK121TN23PROD with PROPOSALS1
Federal Register / Vol. 87, No. 22 / Wednesday, February 2, 2022 / Proposed Rules 5747 

and interaction of the public during the 

comment period in each stage of this 

process. Interactions with and between 

members of the public provide a 

balanced discussion of the issues and 

assist DOE in the process. Anyone who 

wishes to be added to the DOE mailing 

list to receive future notices and 

information about this process should 

contact Appliance and Equipment 

Standards Program staff at (202) 287– 

1445 or via email at 

ApplianceStandardsQuestions@

ee.doe.gov. 

Signing Authority 

This document of the Department of 

Energy was signed on January 26, 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 January 26, 

2022. 

Treena V. Garrett, 

Federal Register Liaison Officer, U.S. 

Department of Energy. 

[FR Doc. 2022–01921 Filed 2–1–22; 8:45 am] 

BILLING CODE 6450–01–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 71 

[Docket No. FAA–2022–0025; Airspace 

Docket No. 21–ACE–2] 

RIN 2120–AA66 

Proposed Amendment of Multiple Air 

Traffic Service (ATS) Routes and 

Establishment of Area Navigation 

(RNAV) Routes in the Vicinity of 

Liberal, KS 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Notice of proposed rulemaking 

(NPRM). 

SUMMARY: This action proposes to 

amend Jet Routes J–19, J–20, J–52, J–98, 

J–134, and J–231; amend RNAV route 

Q–176; amend VHF Omnidirectional 

Range (VOR) Federal airways V–210, V– 

234, V–304, V–350, and V–507; and 

establish Area Navigation (RNAV) 

routes T–418 and T–431. The FAA is 

proposing this action due to the planned 

decommissioning of the VOR portion of 

the Liberal, KS, VOR/Tactical Air 

Navigation (VORTAC) navigational aid 

(NAVAID). The Liberal VOR is being 

decommissioned in support of the 

FAA’s VOR Minimum Operational 

Network (MON) program. 

DATES: Comments must be received on 

or before March 21, 2022. 

ADDRESSES: Send comments on this 

proposal to the U.S. Department of 

Transportation, Docket Operations, 1200 

New Jersey Avenue SE, West Building 

Ground Floor, Room W12–140, 

Washington, DC 20590; telephone: 

1(800) 647–5527, or (202) 366–9826. 

You must identify FAA Docket No. 

FAA–2022–0025; Airspace Docket No. 

21–ACE–2 at the beginning of your 

comments. You may also submit 

comments through the internet at 

https://www.regulations.gov. 

FAA Order JO 7400.11F, Airspace 

Designations and Reporting Points, and 

subsequent amendments can be viewed 

online at https://www.faa.gov/air_

traffic/publications/. For further 

information, you can contact the Rules 

and Regulations Group, Federal 

Aviation Administration, 800 

Independence Avenue SW, Washington, 

DC 20591; telephone: (202) 267–8783. 

FAA Order JO 7400.11F is also available 

for inspection at the National Archives 

and Records Administration (NARA). 

For information on the availability of 

FAA Order JO 7400.11F at NARA, 

email: fr.inspection@nara.gov or go to 

https://www.archives.gov/federalregister/cfr/ibr-locations.html. 

FOR FURTHER INFORMATION CONTACT: 

Colby Abbott, Rules and Regulations 

Group, Office of Policy, Federal 

Aviation Administration, 800 

Independence Avenue SW, Washington, 

DC 20591; telephone: (202) 267–8783. 

SUPPLEMENTARY INFORMATION: 

Authority for This Rulemaking 

The FAA’s authority to issue rules 

regarding aviation safety is found in 

Title 49 of the United States Code. 

Subtitle I, Section 106 describes the 

authority of the FAA Administrator. 

Subtitle VII, Aviation Programs, 

describes in more detail the scope of the 

agency’s authority. This rulemaking is 

promulgated under the authority 

described in Subtitle VII, Part A, 

Subpart I, Section 40103. Under that 

section, the FAA is charged with 

prescribing regulations to assign the use 

of the airspace necessary to ensure the 

safety of aircraft and the efficient use of 

airspace. This regulation is within the 

scope of that authority as it would 

modify the National Airspace System 

(NAS) as necessary to preserve the safe 

and efficient flow of air traffic. 

Comments Invited 

Interested parties are invited to 

participate in this proposed rulemaking 

by submitting such written data, views, 

or arguments as they may desire. 

Comments that provide the factual basis 

supporting the views and suggestions 

presented are particularly helpful in 

developing reasoned regulatory 

decisions on the proposal. Comments 

are specifically invited on the overall 

regulatory, aeronautical, economic, 

environmental, and energy-related 

aspects of the proposal. 

Communications should identify both 

docket numbers (FAA Docket No. FAA– 

2022–0025; Airspace Docket No. 21– 

ACE–2) and be submitted in triplicate to 

the Docket Management Facility (see 

ADDRESSES section for address and 

phone number). You may also submit 

comments through the internet at 

https://www.regulations.gov. 

Commenters wishing the FAA to 

acknowledge receipt of their comments 

on this action must submit with those 

comments a self-addressed, stamped 

postcard on which the following 

statement is made: ‘‘Comments to FAA 

Docket No. FAA–2022–0025; Airspace 

Docket No. 21–ACE–2.’’ The postcard 

will be date/time stamped and returned 

to the commenter. 

All communications received on or 

before the specified comment closing 

date will be considered before taking 

action on the proposed rule. The 

proposal contained in this action may 

be changed in light of comments 

received. All comments submitted will 

be available for examination in the 

public docket both before and after the 

comment closing date. A report 

summarizing each substantive public 

contact with FAA personnel concerned 

with this rulemaking will be filed in the 

docket. 

Availability of NPRMs 

An electronic copy of this document 

may be downloaded through the 

internet at https://www.regulations.gov. 

Recently published rulemaking 

documents can also be accessed through 

the FAA’s web page at https://

www.faa.gov/air_traffic/publications/ 

airspace_amendments/. 

You may review the public docket 

containing the proposal, any comments 

received and any final disposition in 

person in the Dockets Office (see 


jspears on DSK121TN23PROD with PROPOSALS1