48058 Federal Register / Vol. 86, No. 164 / Friday, August 27, 2021 / Proposed Rules 

and other information to DOE. No 

telefacsimiles (faxes) will be accepted. 

Comments, data, and other 

information submitted to DOE 

electronically should be provided in 

PDF (preferred), Microsoft Word or 

Excel, WordPerfect, 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, 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). 

V. Approval of the Office of the 

Secretary 

The Secretary of Energy has approved 

publication of this notification of 

proposed interpretive rule. 

Signing Authority 

This document of the Department of 

Energy was signed on August 17, 2021, 

by Kelly Speakes-Backman, Principal 

Deputy Assistant Secretary and Acting 

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 August 18, 

2021. 

Treena V. Garrett, 

Federal Register Liaison Officer, U.S. 

Department of Energy. 

[FR Doc. 2021–18017 Filed 8–26–21; 8:45 am] 

BILLING CODE 6450–01–P 

DEPARTMENT OF ENERGY 

10 CFR Part 431 

[EERE–2019–BT–STD–0018] 

RIN 1904–AE12 

Energy Conservation Program: Energy 

Conservation Standards for 

Distribution Transformers, 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) will hold a webinar to 

discuss and receive comments on the 

preliminary analysis it has conducted 

for purposes of evaluating energy 

conservation standards for distribution 

transformers. The webinar will cover 

the analytical framework, models, and 

tools that DOE is using to evaluate 

potential standards for this equipment; 

the results of preliminary analyses 

performed by DOE for this equipment; 

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 distribution transformers. 

In addition, DOE encourages written 

comments on these subjects. 

DATES: 

Meeting: DOE will hold a webinar on 

Wednesday, September 29, 2021, from 

10 a.m. to 2 p.m. See section IV, ‘‘Public 

Participation,’’ for webinar registration 

information, participant instructions 

and information about the capabilities 

available to webinar participants. 

Comments: Written comments and 

information will be accepted on or 

before, November 10, 2021. 

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–2019–BT–STD–0018, by 

any of the following methods: 

1. Federal eRulemaking Portal: 

www.regulations.gov. Follow the 

instructions for submitting comments.

2. Email: to DistributionTransfromers

2019STD0018@ee.doe.gov. Include 

docket number EERE–2019–BT–STD– 

0018 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 the 

Federal eRulemaking Portal, email, 

postal mail, or hand delivery/courier, 

the Department has found it necessary 

to make temporary modifications to the 

comment submission process in light of 

the ongoing 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?D=EERE2019-BT-STD-0018. 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. 

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 


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Federal Register / Vol. 86, No. 164 / Friday, August 27, 2021 / Proposed Rules 48059 

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 re-designated Part A. 

3For editorial reasons, upon codification in the 

U.S. Code, Part C was re-designated Part A–1. 

4While EPCA includes provisions regarding 

distribution transformers in both Part A and Part A– 

1, for administrative convenience DOE has 

established the test procedures and standards for 

distribution transformers in title 10 of the Code of 

Federal Regulations (‘‘CFR’’) in part 431, Energy 

Efficiency Program for Certain Commercial and 

Industrial Equipment. DOE refers to distribution 

transformers generally as ‘‘covered equipment’’ in 

this document. 

5On January 20, 2021, the President issued 

Executive Order 13990, Protecting Public Health 

and the Environment and Restoring Science to 

Tackle the Climate Crisis. Exec. Order No. 13,990, 

86 FR 7037 (Jan. 25, 2021) (‘‘E.O. 13990’’). E.O. 

13990 affirms the Nation’s commitment to empower 

our workers and communities; promote and protect 

our public health and the environment; and 

conserve our national treasures and monuments. To 

that end, the stated policies of E.O. 13990 include: 

Improving public health and protecting our 

environment; ensuring access to clean air and 

water; and reducing greenhouse gas emissions. E.O. 

13990 section 1. Section 2 of E.O. 13990 directs 

agencies, in part, to immediately review all existing 

regulations, orders, guidance documents, policies, 

and any other similar agency actions (‘‘agency 

actions’’) promulgated, issued, or adopted between 

January 20, 2017, and January 20, 2021, that are or 

may be inconsistent with, or present obstacles to, 

the policy set forth in the Executive Order. E.O. 

13990 section 2. In addition, section 2(iii) of E.O. 

13990 specifically directs DOE to, as appropriate 

and consistent with applicable law, publishing for 

notice and comment a proposed rule suspending, 

revising, or rescinding the updated Process Rule. In 

response to this directive, DOE has undertaken a 

review of the updated Process Rule. See, 86 FR 

18901 (Apr. 12, 2021) and 86 FR 35668 (July 7, 

2021). 

DOE website at: www1.eere.energy.gov/ 

buildings/appliance_standards/ 

standards.aspx?productid=55. 

FOR FURTHER INFORMATION CONTACT: 

Mr. Jeremy Dommu, U.S. Department 

of Energy, Office of Energy Efficiency 

and Renewable Energy, Building 

Technologies, EE–5B, 1000 

Independence Avenue SW, Washington, 

DC 20585–0121. Email: Appliance

StandardsQuestions@ee.doe.gov. 

Mr. Matthew Ring, U.S. Department of 

Energy, Office of the General Counsel, 

GC–33, 1000 Independence Avenue SW, 

Washington, DC 20585–0121. 

Telephone: (202) 586–2555. Email: 

matthew.ring@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. Engineering Analysis 

B. Markups Analysis 

C. Energy Use Analysis 

D. Life-Cycle Cost and Payback Period 

Analyses 

E. 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 

I. Introduction 

A. Authority 

The Energy Policy and Conservation 

Act, as amended (‘‘EPCA’’),1 (42 U.S.C. 

6291–6317, as codified) authorizes DOE 

to regulate the energy efficiency of a 

number of consumer products and 

certain industrial equipment. Title III, 

Part B 2 of EPCA (42 U.S.C. 6291–6309, 

as codified), established the Energy 

Conservation Program for ‘‘Consumer 

Products Other Than Automobiles.’’ 

Title III, Part C3 of EPCA (42 U.S.C. 

6311–6317, as codified), added by 

Public Law 95–619, Title IV, section 

411(a), established the Energy 

Conservation Program for Certain 

Industrial Equipment. The Energy 

Policy Act of 1992, Public Law 102–486, 

amended EPCA and directed DOE to 

prescribe energy conservation standards 

for those distribution transformers for 

which DOE determines such standards 

would be technologically feasible, 

economically justified, and would result 

in significant energy savings. (42 U.S.C. 

6317(a)) The Energy Policy Act of 2005, 

Public Law 109–58, amended EPCA to 

establish energy conservation standards 

for low-voltage dry-type distribution 

transformers. (42 U.S.C. 6295(y)) 

EPCA further provides that, not later 

than six years after the issuance of any 

final rule establishing or amending a 

standard, DOE must publish either a 

notice 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. 6316(a); 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. 

6316(a); 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. 6316(a); 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. 

6316(a); 42 U.S.C. 6295(o)(3)(B)) 

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 and 

covered equipment, including 

distribution transformers.4 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. 

6316(a); 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. 6316(a); 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. 

6316(a); 42 U.S.C. 6295(o)(3)) 

On February 14, 2020, DOE published 

an update to its procedures, 

interpretations, and policies for 

consideration in new or revised energy 

conservation standards and test 

procedure, i.e., ‘‘Procedures, 

Interpretations, and Policies for 

Consideration of New or Revised Energy 

Conservation Standards and Test 

Procedures for Consumer Products and 

Certain Commercial/Industrial 

Equipment’’ (see 10 CFR 431.4; 10 CFR 

part 430, subpart C, appendix A 

(‘‘Process Rule,’’)).5 85 FR 8626. In the 

updated Process Rule, DOE established 

a significance threshold for energy 

savings under which DOE employs a 

two-step approach that considers both 

an absolute site energy savings 

threshold and a threshold that is a 

percent reduction in the energy use of 

the covered product. 10 CFR 431.4; 

section 6(a) of the Process Rule. 


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48060 Federal Register / Vol. 86, No. 164 / Friday, August 27, 2021 / Proposed Rules 

DOE first evaluates the projected 

energy savings from a potential 

maximum technologically feasible 

(‘‘max-tech’’) standard over a 30-year 

period against a 0.3 quads of site energy 

savings threshold (Section 6(b)(2) of the 

Process Rule). If the 0.3 quad threshold 

is not met, DOE then compares the maxtech savings to the total energy usage of 

the covered product to calculate a 

percentage reduction in energy usage 

(10 CFR 431.4; section 6(b)(3) of the 

Process Rule). If this comparison does 

not yield a reduction in site energy use 

of at least 10 percent over a 30-year 

period, the analysis will end and DOE 

will propose to determine that no 

significant energy savings would likely 

result from setting new or amended 

standards (10 CFR 431.4; section 6(b)(4) 

of the Process Rule). If either one of the 

thresholds is reached, DOE will conduct 

analyses to ascertain whether a standard 

can be prescribed that produces the 

maximum improvement in energy 

efficiency that is both technologically 

feasible and economically justified and 

still constitutes significant energy 

savings at the level determined to be 

economically justified. 10 CFR 431.4; 

section 6(b)(5) of the Process Rule. This 

two-step approach allows DOE to 

ascertain whether a potential standard 

satisfies EPCA’s significant energy 

savings requirements in 42 U.S.C. 

6316(a) and 42 U.S.C. 6295(o)(3)(B) to 

ensure that DOE avoids setting a 

standard that ‘‘will not result in 

significant conservation of energy.’’ 

EPCA defines ‘‘energy efficiency’’ as 

the ratio of the useful output of services 

from an article of industrial equipment 

to the energy use by such article, 

measured according to the Federal test 

procedures (42 U.S.C. 6311(3), emphasis 

added). EPCA defines ‘‘energy use’’ as 

the quantity of energy directly 

consumed by an article of industrial 

equipment at the point of use, as 

measured by the Federal test procedures 

(42 U.S.C. 6311(4)). Further, EPCA uses 

a household energy consumption metric 

as a threshold for setting standards for 

new covered products (42 U.S.C. 

6316(a); 42 U.S.C. 6295(l)(1)). Given this 

context, DOE relies on site energy as the 

appropriate metric for evaluating the 

significance of energy savings. 

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 (or as applicable, water) 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 and 

water conservation; and 

(7) Other factors the Secretary of 

Energy (Secretary) considers relevant. 

(42 U.S.C. 6316(a); 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 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. 

• Consumer Subgroup Analysis. 

• Shipments Analysis. 

2. Lifetime Operating Cost Savings Compared to Increased Cost for the Product • Markups for Product Price Analysis. 

• Energy 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 and Water 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. 

• 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 an equipment 

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 


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Federal Register / Vol. 86, No. 164 / Friday, August 27, 2021 / Proposed Rules 48061 

procedure (42 U.S.C. 6316(a); 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 

equipment (42 U.S.C. 6316(a); 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 equipment 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. 6316(a); 42 

U.S.C. 6295(o)(4)). 

Additionally, EPCA specifies 

requirements when promulgating an 

energy conservation standard for 

covered equipment 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 

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. 

6316(a); 42 U.S.C. 6295(q)(1)). In 

determining whether a performancerelated feature justifies a different 

standard for a group of equipment, 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. 6316(a); 42 U.S.C. 

6295(q)(2)). 

Before proposing a standard, DOE 

seeks public input on the analytical 

framework, models, and tools that DOE 

intends to use to evaluate standards for 

the equipment at issue and the results 

of preliminary analyses DOE performed 

for the equipment. 

DOE is examining whether to amend 

the current standards pursuant to its 

obligations under EPCA. This 

notification announces the availability 

of the preliminary 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. 

II. Background 

A. Current Standards 

In a final rule published on April 18, 

2013 (‘‘April 2013 Standards Final 

Rule’’), DOE prescribed the current 

energy conservation standards for 

distribution transformers manufactured 

on and after January 1, 2016. 78 FR 

23336, 23433. These standards are set 

forth in DOE’s regulations at 10 CFR 

431.196 and are repeated in Table II.1, 

Table II.2, Table II.3 of this document. 

TABLE II.1—FEDERAL ENERGY CONSERVATION STANDARDS FOR LOW-VOLTAGE DRY-TYPE DISTRIBUTION TRANSFORMERS

Single-phase Three-phase 

kVA Efficiency 

(%) kVA Efficiency (%) 

15 .................................................................................. 97.70 15 ................................................................................. 97.89 

25 .................................................................................. 98.00 30 ................................................................................. 98.23 

37.5 ............................................................................... 98.20 45 ................................................................................. 98.40 

50 .................................................................................. 98.30 75 ................................................................................. 98.60 

75 .................................................................................. 98.50 112.5 ............................................................................ 98.74 

100 ................................................................................ 98.60 150 ............................................................................... 98.83 

167 ................................................................................ 98.70 225 ............................................................................... 98.94 

250 ................................................................................ 98.80 300 ............................................................................... 99.02 

333 ................................................................................ 98.90 500 ............................................................................... 99.14 

750 ............................................................................... 99.23 

1,000 ............................................................................ 99.28 

TABLE II.2—FEDERAL ENERGY CONSERVATION STANDARDS FOR LIQUID-IMMERSED DISTRIBUTION TRANSFORMERS

Single-phase Three-phase 

kVA Efficiency 

(%) kVA Efficiency (%) 

10 .................................................................................. 98.70 15 ................................................................................. 98.65 

15 .................................................................................. 98.82 30 ................................................................................. 98.83 

25 .................................................................................. 98.95 45 ................................................................................. 98.92 

37.5 ............................................................................... 99.05 75 ................................................................................. 99.03 

50 .................................................................................. 99.11 112.5 ............................................................................ 99.11 

75 .................................................................................. 99.19 150 ............................................................................... 99.16 

100 ................................................................................ 99.25 225 ............................................................................... 99.23 

167 ................................................................................ 99.33 300 ............................................................................... 99.27 

250 ................................................................................ 99.39 500 ............................................................................... 99.35 

333 ................................................................................ 99.43 750 ............................................................................... 99.40 

500 ................................................................................ 99.49 1,000 ............................................................................ 99.43 

667 ................................................................................ 99.52 1,500 ............................................................................ 99.48 

833 ................................................................................ 99.55 2,000 ............................................................................ 99.51 

2,500 ............................................................................ 99.52 


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TABLE II.3—FEDERAL ENERGY CONSERVATION STANDARDS FOR MEDIUM-VOLTAGE DRY-TYPE DISTRIBUTION

TRANSFORMERS

Single-phase Three-phase 

kVA 

BIL 

kVA 

BIL 

20–45 kV 46–95 kV ≥96 kV 20–45 kV 46–95 kV ≥96 kV 

Efficiency 

(%) 

Efficiency 

(%) 

Efficiency 

(%) 

Efficiency 

(%) 

Efficiency 

(%) 

Efficiency 

(%) 

15 .......................... 98.1 97.86 ........................ 15 .......................... 97.5 97.18 ........................

25 .......................... 98.33 98.12 ........................ 30 .......................... 97.9 97.63 ........................

37.5 ....................... 98.49 98.3 ........................ 45 .......................... 98.1 97.86 ........................

50 .......................... 98.6 98.42 ........................ 75 .......................... 98.33 98.13 ........................

75 .......................... 98.73 98.57 98.53 112.5 ..................... 98.52 98.36 ........................

100 ........................ 98.82 98.67 98.63 150 ........................ 98.65 98.51 ........................

167 ........................ 98.96 98.83 98.80 225 ........................ 98.82 98.69 98.57 

250 ........................ 99.07 98.95 98.91 300 ........................ 98.93 98.81 98.69 

333 ........................ 99.14 99.03 98.99 500 ........................ 99.09 98.99 98.89 

500 ........................ 99.22 99.12 99.09 750 ........................ 99.21 99.12 99.02 

667 ........................ 99.27 99.18 99.15 1,000 ..................... 99.28 99.2 99.11 

833 ........................ 99.31 99.23 99.20 1,500 ..................... 99.37 99.3 99.21 

2,000 ..................... 99.43 99.36 99.28 

2,500 ..................... 99.47 99.41 99.33 

B. Current Process 

On June 18, 2019, DOE published 

notice that it was initiating an early 

assessment 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 distribution 

transformers and a request for 

information (‘‘RFI’’). 84 FR 28239 (‘‘June 

2019 Early Assessment Review RFI’’). 

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 equipment 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 www.regulations.gov/ 

docket/EERE-2019-BT-STD-0018. 

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. Engineering Analysis 

The purpose of the engineering 

analysis is to establish the relationship 

between the efficiency and cost of 

distribution transformers. 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 

equipment cost at each efficiency level 

(i.e., the ‘‘cost analysis’’). In determining 

the performance of higher-efficiency 

equipment, DOE considers technologies 

and design option combinations not 

eliminated by the screening analysis. 

For each equipment 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 equipment distribution 

channels. The manufacturer markup 

accounts for manufacturer nonproduction 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. 

B. Markups Analysis 

The markups analysis develops 

appropriate markups (e.g., retailer 

markups, distributor markups, 

contractor markups) in the distribution 

chain and sales taxes to convert MSP 

estimates derived in the engineering 

analysis to consumer prices, which are 

then used in the LCC and PBP analysis. 

At each step in the distribution channel, 

companies mark up the price of the 

product to cover business costs and 

profit margin. 

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 


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6Because 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. 

7The NIA accounts for impacts in the 50 states 

and U.S. territories. 

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.6

Chapter 6 of the preliminary TSD 

provides details on DOE’s development 

of markups for distribution 

transformers. 

C. Energy Use Analysis 

The energy use analysis produces 

energy use estimates and end-use load 

shapes for distribution transformers. 

The energy use analysis estimates the 

range of energy use of distribution 

transformers in the field (i.e., as they are 

actually used by consumers) enabling 

evaluation of energy savings from the 

operation of distribution transformer 

equipment at various efficiency levels, 

while the end-use load characterization 

allows evaluation of the impact on 

monthly and peak demand for 

electricity. The energy use analysis 

provides the basis for other analyses 

DOE performed, particularly 

assessments of the energy savings and 

the savings in operating costs that could 

result from adoption of amended or new 

standards. 

Chapter 7 of the preliminary TSD 

addresses the energy use analysis. 

D. 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, sales 

tax, and installation costs) plus 

operating costs (expenses for energy use, 

maintenance, and repair). 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. 

E. 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).7 DOE calculates the NES and 

NPV for the potential standard levels 

considered based on projections of 

annual equipment shipments, along 

with the annual energy consumption 

and total installed cost data from the 

energy use and LCC analyses. For the 

present analysis, DOE projected the 

energy savings, operating cost savings, 

equipment costs, and NPV of consumer 

benefits over the lifetime of distribution 

transformers sold from 2025 through 

2054. 

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 equipment class in the 

absence of new or amended energy 

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 equipment 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 equipment 

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 4.0 

quads of site energy savings at the maxtech efficiency levels for distribution 

transformers. Combined site energy 

savings at Efficiency Level 1 for all 

equipment classes are estimated to be 

0.3 quads. Therefore, DOE has 

determined the potential available 

energy savings for distribution 

transformers are more than the 0.3 

quads of site energy threshold 

established by the Process Rule and thus 

are considered significant under EPCA 

(42 U.S.C. 6316(a); 42 U.S.C. 

6295(o)(3)(B)). 

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 distribution transformers 

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 of 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: 

www1.eere.energy.gov/buildings/ 

appliance_standards/ 

standards.aspx?productid=55. 

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 notice, 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 


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48064 Federal Register / Vol. 86, No. 164 / Friday, August 27, 2021 / Proposed Rules 

request to 

ApplianceStandardsQuestions@

ee.doe.gov. Persons who wish to speak 

should include with their request a 

computer file in WordPerfect, 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 webinar 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 summaries of comments 

received before the webinar/public 

meeting, 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/public meeting. 

A transcript of the webinar will be 

included in the docket, which can be 

viewed as described in the Docket 

section at the beginning of this notice. 

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 public meeting, to submit in writing 

by November 10, 2021, comments and 

information on matters addressed in this 

notification and on other matters 

relevant to DOE’s consideration of 

amended energy conservations 

standards for distribution transformers. 

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 

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, WordPerfect, 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 


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Federal Register / Vol. 86, No. 164 / Friday, August 27, 2021 / Proposed Rules 48065 

reduces comment processing and 

posting time. 

Confidential Business Information. 

Pursuant 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). 

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 August 20, 2021, 

by Kelly Speakes-Backman, Principal 

Deputy Assistant Secretary and Acting 

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 August 20, 

2021. 

Treena V. Garrett, 

Federal Register Liaison Officer, U.S. 

Department of Energy. 

[FR Doc. 2021–18351 Filed 8–26–21; 8:45 am] 

BILLING CODE 6450–01–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2021–0716; Project 

Identifier 2019–CE–023–AD] 

RIN 2120–AA64 

Airworthiness Directives; Stemme AG 

Gliders 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Notice of proposed rulemaking 

(NPRM). 

SUMMARY: The FAA proposes to adopt a 

new airworthiness directive (AD) for all 

Stemme AG Model Stemme S 12 gliders. 

This proposed AD was prompted by 

mandatory continuing airworthiness 

information (MCAI) issued by the 

aviation authority of another country to 

identify and correct an unsafe condition 

on an aviation product. The MCAI 

describes the unsafe condition as an 

airspeed indicator (ASI) with speed 

markings inconsistent with the 

approved and published values. This 

proposed AD would require inspecting 

the ASI markings and, depending on 

findings, either replacing the ASI or 

amending the existing aircraft flight 

manual (AFM) until the ASI is replaced. 

The FAA is proposing this AD to 

address the unsafe condition on these 

products. 

DATES: The FAA must receive comments 

on this proposed AD by October 12, 

2021. 

ADDRESSES: You may send comments, 

using the procedures found in 14 CFR 

11.43 and 11.45, by any of the following 

methods: 

• Federal eRulemaking Portal: Go to 

https://www.regulations.gov. Follow the 

instructions for submitting comments. 

• Fax: (202) 493–2251. 

• Mail: U.S. Department of 

Transportation, Docket Operations, M– 

30, West Building Ground Floor, Room 

W12–140, 1200 New Jersey Avenue SE, 

Washington, DC 20590. 

• Hand Delivery: Deliver to Mail 

address above between 9 a.m. and 5 

p.m., Monday through Friday, except 

Federal holidays. 

For service information identified in 

this NPRM, contact STEMME AG, 

Flugplatzstrasse F2, Nr. 6–7, D–15344 

Strausberg, Germany; phone: +49 (0) 

3341 3612–0, fax: +49 (0) 3341 3612–30; 

email: airworthiness@stemme.de; 

website: https://www.stemme.com. You 

may view this service information at the 

FAA, Airworthiness Products Section, 

Operational Safety Branch, 901 Locust, 

Kansas City, MO 64106. For information 

on the availability of this material at the 

FAA, call (816) 329–4148. 

Examining the AD Docket 

You may examine the AD docket at 

https://www.regulations.gov by 

searching for and locating Docket No. 

FAA–2021–0716; or in person at Docket 

Operations between 9 a.m. and 5 p.m., 

Monday through Friday, except Federal 

holidays. The AD docket contains this 

NPRM, the MCAI, any comments 

received, and other information. The 

street address for Docket Operations is 

listed above. 

FOR FURTHER INFORMATION CONTACT: Jim 

Rutherford, Aviation Safety Engineer, 

General Aviation & Rotorcraft Section, 

International Validation Branch, FAA, 

901 Locust, Room 301, Kansas City, MO 

64106; phone: (816) 329–4165; fax: (816) 

329–4090; email: jim.rutherford@

faa.gov. 

SUPPLEMENTARY INFORMATION: 

Comments Invited 

The FAA invites you to send any 

written relevant data, views, or 

arguments about this proposal. Send 

your comments to an address listed 

under ADDRESSES. Include ‘‘Docket No. 

FAA–2021–0716; Project Identifier 

2019–CE–023–AD’’ at the beginning of 

your comments. The most helpful 

comments reference a specific portion of 

the proposal, explain the reason for any 

recommended change, and include 

supporting data. The FAA will consider 

all comments received by the closing 

date and may amend this proposal 

because of those comments. 

Except for Confidential Business 

Information (CBI) as described in the 

following paragraph, and other 

information as described in 14 CFR 

11.35, the FAA will post all comments 

received, without change, to https://

www.regulations.gov, including any 

personal information you provide. The 

agency will also post a report 

summarizing each substantive verbal 

contact received about this NPRM. 

Confidential Business Information 

CBI is commercial or financial 

information that is both customarily and 

actually treated as private by its owner. 

Under the Freedom of Information Act 

(FOIA) (5 U.S.C. 552), CBI is exempt 

from public disclosure. If your 

comments responsive to this NPRM 

contain commercial or financial 

information that is customarily treated 

as private, that you actually treat as 

private, and that is relevant or 

responsive to this NPRM, it is important 

that you clearly designate the submitted 


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