[Federal Register Volume 87, Number 22 (Wednesday, February 2, 2022)]
[Proposed Rules]
[Pages 5742-5747]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-01921]


========================================================================
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.

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Federal Register / Vol. 87, No. 22 / Wednesday, February 2, 2022 / 
Proposed Rules

[[Page 5742]]



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 <a href="/cdn-cgi/l/email-protection#c99c999afbf9fbfb9d99f9f9f9fc89acace7ada6ace7aea6bf"><span class="__cf_email__" data-cfemail="efbabfbcdddfddddbbbfdfdfdfdaaf8a8ac18b808ac1888099">[email protected]</span></a>. 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/EERE-2022-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: 
<a href="/cdn-cgi/l/email-protection#8fceffffe3e6eee1eceadcfbeee1ebeefdebfcdefaeafcfbe6e0e1fccfeaeaa1ebe0eaa1e8e0f9"><span class="__cf_email__" data-cfemail="ecad9c9c80858d828f89bf988d82888d9e889fbd99899f988583829fac8989c2888389c28b839a">[email protected]</span></a>.
    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: <a href="/cdn-cgi/l/email-protection#e7aa8e848f86828bc98c8e8388a78f96c9838882c9808891"><span class="__cf_email__" data-cfemail="0845616b60696d642663616c67486079266c676d266f677e">[email protected]</span></a>.
    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: 
<a href="/cdn-cgi/l/email-protection#531223233f3a323d30360027323d373221372002263620273a3c3d201336367d373c367d343c25"><span class="__cf_email__" data-cfemail="ce8fbebea2a7afa0adab9dbaafa0aaafbcaabd9fbbabbdbaa7a1a0bd8eababe0aaa1abe0a9a1b8">[email protected]</span></a>.

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

[[Page 5743]]

improve energy efficiency. These products include UPSs, the subject of 
this RFI. (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.
---------------------------------------------------------------------------

    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

[[Page 5744]]

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.
---------------------------------------------------------------------------

    \3\ Plug designations are as specified in American National 
Standards Institute (``ANSI'')/NEMA WD 6-2016 incorporated by 
reference at 10 CFR 430.2.
---------------------------------------------------------------------------

    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.
---------------------------------------------------------------------------

    \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.
---------------------------------------------------------------------------

    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

[[Page 5745]]

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., no-load) 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 input-dependency 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).
---------------------------------------------------------------------------

    \5\ The 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.

[[Page 5746]]



                         Table 1--Load Weightings Specified in Table 4.3.1 of Appendix Y
----------------------------------------------------------------------------------------------------------------
                                                             Portion of time spent at  reference load
    Rated output power (W)      UPS architecture ---------------------------------------------------------------
                                                        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 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).
    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

[[Page 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 <a href="/cdn-cgi/l/email-protection#622312120e0b030c01073116030c060310061133170711160b0d0c112207074c060d074c050d14"><span class="__cf_email__" data-cfemail="b0f1c0c0dcd9d1ded3d5e3c4d1ded4d1c2d4c3e1c5d5c3c4d9dfdec3f0d5d59ed4dfd59ed7dfc6">[email protected]</span></a>.

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


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