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

10719 

Vol. 87, No. 38 

Friday, February 25, 2022 

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 EPS2020STD006@

ee.doe.gov. 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/EERE2020-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: 

ApplianceStandardsQuestions@

ee.doe.gov. 

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: 

Nisha.kumar@hq.doe.gov. 

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: ApplianceStandardsQuestions@

ee.doe.gov. 

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 


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10720 Federal Register / Vol. 87, No. 38 / Friday, February 25, 2022 / Proposed Rules 

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. 

3Congress 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)) 

4 DOE amended its regulations to reflect the 

changes introduced by the PASS Act and EPS 

Improvement Act. 84 FR 437 (January 29, 2019). 5See 86 FR 70892 (December 13, 2021). 

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)) 

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)) 

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)) 

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 


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6Currently, 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. 

of energy savings, DOE considers 

differences in primary energy and fullfuel-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. 

Accordingly, DOE is evaluating the 

significance of energy savings on a caseby-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 and consumers ................... • Manufacturer Impact Analysis. 

• Life-Cycle Cost and Payback Period Analysis. 

• Life-Cycle Cost Subgroup Analysis. 

• Shipments Analysis. 

2. Lifetime operating cost savings compared to increased cost for 

the product.

• Markups for Product Price Analysis. 

• 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 competition ........................................ • Manufacturer Impact Analysis. 

6. Need for national energy conservation ......................................... • Shipments Analysis. 

• National Impact Analysis. 

7. Other factors the Secretary considers relevant ............................ • Employment Impact 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)) 

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 


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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

Nameplate output power 

(Pout) 

Minimum average efficiency in active mode 

(expressed as a decimal) 

Maximum power 

in no-load mode 

[W] 

Single-Voltage External AC–DC Power Supply, Basic Voltage 

Pout ≤ 1 W ................................................................................ ≥0.5 × Pout + 0.16 ................................................................... ≤0.100 

1 W < Pout ≤ 49 W ................................................................... ≥0.071 × ln(Pout)¥0.0014 × Pout + 0.67 ................................. ≤0.100 

49 W < Pout ≤ 250 W ............................................................... ≥0.880 ...................................................................................... ≤0.210 

Pout > 250 W ............................................................................ ≥0.875 ...................................................................................... ≤0.500 


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TABLE II.1—FEDERAL ENERGY CONSERVATION STANDARDS FOR EXTERNAL POWER SUPPLIES—Continued 

Nameplate output power 

(Pout) 

Minimum average efficiency in active mode 

(expressed as a decimal) 

Maximum power 

in no-load mode 

[W] 

Single-Voltage External AC–DC Power Supply, Low-Voltage 

Pout ≤ 1 W ................................................................................ ≥0.517 × Pout + 0.087 ............................................................. ≤0.100 

1 W < Pout ≤ 49 W ................................................................... ≥0.0834 × ln(Pout)¥0.0014 × Pout + 0.609 ............................. ≤0.100 

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 × Pout + 0.16 ................................................................... ≤0.210 

1 W < Pout ≤ 49 W ................................................................... ≥0.071 × ln(Pout)¥0.0014 × Pout + 0.67 ................................. ≤0.210 

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 × Pout + 0.087 ............................................................. ≤0.210 

1 W < Pout ≤ 49 W ................................................................... ≥0.0834 × ln(Pout)¥0.0014 × Pout + 0.609 ............................. ≤0.210 

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 × Pout + 0.067 ............................................................. ≤0.300 

1 W < Pout ≤ 49 W ................................................................... ≥0.075 × ln(Pout) + 0.561 ........................................................ ≤0.300 

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 


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10724 Federal Register / Vol. 87, No. 38 / Friday, February 25, 2022 / Proposed Rules 

7Because the projected price of standardscompliant 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. 

8The NIA accounts for impacts in the 50 states 

and U.S. territories. 

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 costefficiency ‘‘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

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 moreefficient 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. 

DOE evaluates the impacts of new or 

amended standards by comparing a case 

without such standards with standardscase 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 


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Federal Register / Vol. 87, No. 38 / Friday, February 25, 2022 / Proposed Rules 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 maxtech 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 timelysubmitted 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/publicmeetings-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 

ApplianceStandardsQuestions@

ee.doe.gov. 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 


lotter on DSK11XQN23PROD with PROPOSALS1
10726 Federal Register / Vol. 87, No. 38 / Friday, February 25, 2022 / Proposed Rules 

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 

DEPARTMENT OF ENERGY 

10 CFR Part 431 

[EERE–2019–BT–TP–0041] 

RIN 1904–AE57 

Energy Conservation Program: Test 

Procedure for Commercial Warm Air 

Furnaces 

AGENCY: Office of Energy Efficiency and 

Renewable Energy, Department of 

Energy. 

ACTION: Notice of proposed rulemaking 

and announcement of public meeting. 

SUMMARY: The U.S. Department of 

Energy (‘‘DOE’’) proposes to amend the 

test procedures for commercial warm air 

furnaces (‘‘CWAFs’’) to incorporate the 

latest versions of the industry standards 

that are currently incorporated by 

reference. DOE also proposes to 

establish a new metric, Thermal 

Efficiency Two (‘‘TE2’’), and 

corresponding test procedure. Use of the 

newly proposed test procedure would 

become mandatory at such time as 

compliance with amended energy 

conservation standards based on TE2 is 

required, should DOE adopt such 

standards. DOE also proposes additional 

specifications for CWAFs with multiple 

vent hoods or small-diameter vent 

hoods. DOE is seeking comment from 

interested parties on the proposal. 

DATES: DOE will accept comments, data, 

and information regarding this proposal 

no later than April 26, 2022. See section 

V, ‘‘Public Participation,’’ for details. 

DOE will hold a webinar on Tuesday, 

March 29, 2022, from 1:00 p.m. to 5:00 

p.m. See section V, ‘‘Public 

Participation,’’ for webinar registration 

information, participant instructions, 

and information about the capabilities 

available to webinar participants. If no 

participants register for the webinar, it 

will be cancelled. 

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 


lotter on DSK11XQN23PROD with PROPOSALS1