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

38296 

Vol. 87, No. 123 

Tuesday, June 28, 2022 

DEPARTMENT OF ENERGY 

10 CFR Part 431 

[EERE–2017–BT–STD–0007] 

RIN 1904–AD82 

Energy Conservation Program: Energy 

Conservation Standards for 

Commercial Refrigerators, Freezers, 

and Refrigerator-Freezers 

AGENCY: Office of Energy Efficiency and 

Renewable Energy, Department of 

Energy. 

ACTION: Notification of availability of 

preliminary technical support document 

and request for comment. 

SUMMARY: The U.S. Department of 

Energy (‘‘DOE’’ or ‘‘the Department’’) 

announces the availability of the 

preliminary analysis it has conducted 

for purposes of evaluating the need for 

amended energy conservation standards 

for commercial refrigerators, freezers, 

and refrigerator-freezers (‘‘commercial 

refrigeration equipment’’ or ‘‘CRE’’), 

which is set forth in the Department’s 

preliminary technical support document 

(‘‘TSD’’) for this rulemaking. DOE will 

hold a public meeting via webinar to 

discuss and receive comment on its 

preliminary analysis. The meeting will 

cover the analytical framework, models, 

and tools used to evaluate potential 

standards for this equipment, the results 

of preliminary analyses performed by 

DOE, the potential energy conservation 

standard levels derived from these 

analyses (if DOE determines that 

proposed amendments are necessary), 

and other relevant issues. In addition, 

DOE encourages written comments on 

these subjects. 

DATES: 

Comments: Written comments and 

information will be accepted on or 

before August 29, 2022. 

Meeting: DOE will hold a webinar on 

Monday, August 8, 2022, from 1 p.m. to 

4 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 under docket 

number EERE–2017–BT–STD–0007. 

Follow the instructions for submitting 

comments. Alternatively, interested 

persons may submit comments, 

identified by docket number EERE– 

2017–BT–STD–0007, by any of the 

following methods: 

(1) Email: CRE2017STD0007@

ee.doe.gov. Include the docket number 

EERE–2017–BT–STD–0007 in the 

subject line of the message. 

(2) Postal Mail: Appliance and 

Equipment Standards Program, U.S. 

Department of Energy, Building 

Technologies Office, Mailstop EE–5B, 

1000 Independence Avenue SW, 

Washington, DC 20585–0121. 

Telephone: (202) 287–1445. If possible, 

please submit all items on a compact 

disc (‘‘CD’’), in which case it is not 

necessary to include printed copies. 

(3) Hand Delivery/Courier: Appliance 

and Equipment Standards Program, U.S. 

Department of Energy, Building 

Technologies Office, 950 L’Enfant Plaza 

SW, 6th Floor, Washington, DC 20024. 

Telephone: (202) 287–1445. If possible, 

please submit all items on a CD, in 

which case it is not necessary to include 

printed copies. 

No telefacsimiles (‘‘faxes’’) will be 

accepted. For detailed instructions on 

submitting comments and additional 

information on this process, see section 

IV of this document. 

To inform interested parties and to 

facilitate this rulemaking process, DOE 

has prepared an agenda, a preliminary 

TSD, and briefing materials, which are 

available on the DOE website at: 

www.regulations.gov/docket/EERE2017-BT-STD-0007. 

Docket: The docket for this activity, 

which includes Federal Register 

notices, comments, and other 

supporting documents/materials, is 

available for review at 

www.regulations.gov. All documents in 

the docket are listed in the 

www.regulations.gov index. However, 

not all documents listed in the index 

may be publicly available, such as those 

containing information that is exempt 

from public disclosure. 

The docket web page can be found at 

www.regulations.gov/docket/EERE2017-BT-STD-0007. 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: 

Dr. Stephanie Johnson, 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) 287– 

1943. Email: 

ApplianceStandardsQuestions@

ee.doe.gov. 

Ms. Kristin Koernig, U.S. Department 

of Energy, Office of the General Counsel, 

GC–33, 1000 Independence Avenue SW, 

Washington, DC 20585–0121. 

Telephone: (202) 586–3593. Email: 

kristin.koernig@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 

C. Deviation From Appendix A 

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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Federal Register / Vol. 87, No. 123 / Tuesday, June 28, 2022 / Proposed Rules 38297 

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), which 

reflect the last statutory amendments that impact 

Parts A and A–1 of EPCA. 

2For editorial reasons, upon codification in the 

U.S. Code, Part C was redesignated Part A–1. 

3Procedures, Interpretations, and Policies for 

Consideration in New or Revised Energy 

Conservation Standards and Test Procedures for 

Consumer Products and Commercial/Industrial 

Equipment, 86 FR 70892, 70901 (Dec. 13, 2021). 

4See Executive Order 14008, 86 FR 7619 (Feb. 1, 

2021) (‘‘Tackling the Climate Crisis at Home and 

Abroad’’). 

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 C 2 of EPCA, 

added by Public Law 95–619, Title IV, 

section 441(a) (42 U.S.C. 6311–6317, as 

codified), established the Energy 

Conservation Program for Certain 

Industrial Equipment. This equipment 

includes CRE, the subject of this 

document. (42 U.S.C. 6311(1)(E)) 

EPCA established standards for 

certain categories of CRE (42 U.S.C. 

6313(c)(2)–(4)) and directs DOE to 

conduct future rulemakings to 

determine whether to amend these 

standards. (42 U.S.C. 6313(c)(6)(B)) 

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. 6316(e)(1); 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(e)(1); 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(e)(1); 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(e)(1); 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 equipment, 

including CRE. 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 equipment 

specified by EPCA) that is 

technologically feasible and 

economically justified. (42 U.S.C. 

6316(e)(1); 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 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.3 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 

gas (‘‘GHG’’) emissions in order to limit 

the rise in mean global temperature.4 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 or equipment with 

relatively constant demand. In 

evaluating the significance of energy 

savings, DOE considers differences in 

primary energy and full-fuel cycle 

(‘‘FFC’’) effects for different covered 

products and equipment 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 evaluates the significance of energy 

savings on a case-by-case basis, taking 

into account the significance of 

cumulative FFC national energy savings, 

the cumulative FFC emissions 

reductions, and the need to confront the 

global climate crisis, among other 

factors. 

DOE has initially determined the 

energy savings estimated for the 

candidate standard levels considered in 

this preliminary analysis 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 (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. 


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38298 Federal Register / Vol. 87, No. 123 / Tuesday, June 28, 2022 / Proposed Rules 

5On March 16, 2022, the Fifth Circuit Court of 

Appeals (No. 22–30087) granted the federal 

government’s emergency motion for stay pending 

appeal of the February 11, 2022, preliminary 

injunction issued in Louisiana v. Biden, No. 21-cv1074–JDC–KK (W.D. La.). As a result of the Fifth 

Circuit’s order, the preliminary injunction is no 

longer in effect, pending resolution of the federal 

government’s appeal of that injunction or a further 

court order. Among other things, the preliminary 

injunction enjoined the defendants in that case 

from ‘‘adopting, employing, treating as binding, or 

relying upon’’ the interim estimates of the social 

cost of greenhouse gases—which were issued by the 

Interagency Working Group on the Social Cost of 

Greenhouse Gases on February 26, 2021—to 

monetize the benefits of reducing greenhouse gas 

emissions. In the absence of further intervening 

court orders, DOE will revert to its approach prior 

to the injunction and present monetized benefits 

where appropriate and permissible under law. 

TABLE I.1—EPCA REQUIREMENTS AND CORRESPONDING DOE ANALYSIS—Continued 

EPCA requirement Corresponding DOE 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 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 Benefit.5

• 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. 6316(e)(1); 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. 6316(e)(1); 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. 6316(e)(1); 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 

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

determining whether a performancerelated 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. 6316(e)(1); 42 

U.S.C. 6295(q)(2)) 

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 equipment at issue and 

the results of preliminary analyses DOE 

performed for the equipment. 

DOE is examining whether to amend 

the current standards for CRE 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 meeting 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’’), applicable to CRE 

under 10 CFR 431.4, 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 (after initiating the 

rulemaking process through an early 

assessment), 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 


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Federal Register / Vol. 87, No. 123 / Tuesday, June 28, 2022 / Proposed Rules 38299 

6A wedge case is a CRE that forms the transition 

between two regularly shaped display cases. 10 CFR 

431.62. 

a preliminary analysis without a 

framework document. A framework 

document is intended to introduce and 

summarize 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 an early assessment request 

for information (‘‘RFI’’) in which DOE 

identified and sought comment on the 

analyses conducted in support of the 

most recent energy conservation 

standards rulemaking (79 FR 17726 

(March 28, 2014) (the ‘‘March 2014 

Final Rule’’)). 86 FR 37708, 37710 (July 

16, 2021) (the ‘‘July 2021 RFI’’). DOE 

provided a 45-day comment period for 

the early assessment July 2021 RFI. 86 

FR 37708. As DOE is intending to rely 

on substantively the same analytical 

methods as in the March 2014 Final 

Rule, publication of a framework 

document would be largely redundant 

with the published early assessment 

RFI. As such, DOE is not publishing a 

framework document. 

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 July 2021 RFI on the 

analysis conducted in support of the 

March 2014 Final Rule and provided 

stakeholders a 45-day comment period. 

For this preliminary analysis, DOE has 

relied on many of the same analytical 

assumptions and approaches as used in 

the March 2014 Final Rule and has 

determined that a 60-day comment 

period, in conjunction with the prior 45- 

day comment period, provides sufficient 

time for interested parties to review the 

preliminary analysis and develop 

comments. 

II. Background 

A. Current Standards 

In the March 2014 Final Rule, DOE 

prescribed the current energy 

conservation standards for CRE 

manufactured on and after March 27, 

2017. 79 FR 17725 These standards are 

set forth in DOE’s regulations at 10 CFR 

431.66(e). 

For CRE with two or more 

compartments (i.e., hybrid refrigerators, 

hybrid freezers, hybrid refrigeratorfreezers, and non-hybrid refrigeratorfreezers), 10 CFR 431.66(e)(2) specifies 

that the maximum daily energy 

consumption for each model shall be 

the sum of the applicable standard of 

each of the compartments as specified at 

10 CFR 431.66(e)(1). For wedge cases, 

10 CFR 431.66(e)(3) specifies 

instructions to comply with the 

applicable standards, specified in 10 

CFR 431.66(e)(1).6 Certain exclusions to 

the standards at 10 CFR 431.66(e)(1) are 

specified at 10 CFR 431.66(f) (i.e., the 

energy conservation standards do not 

apply to salad bars, buffet tables, and 

chef bases or griddle stands). 

B. Current Process 

In the July 2021 RFI, DOE published 

a notification 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 CRE, as well 

as a request for information. 86 FR 

37708. Specifically, through the 

published notice and request for 

information, DOE sought data and 

information that could enable the 

agency to determine whether amended 

energy conservation standards would: 

(1) result in a significant savings of 

energy; (2) be technologically feasible; 

and (3) be economically justified. 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-2017-BT–STD-0007. 

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 new or 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 equipment concerned, 

including general characteristics of the 

equipment, the industry structure, 

manufacturers, market characteristics, 

and technologies used in the equipment. 

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 equipment 

classes; (2) manufacturers and industry 

structure; (3) existing efficiency 

programs; (4) market and industry 

trends; and (5) technologies or design 

options that could improve the energy 

efficiency of the equipment. 

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 technology will not be 

considered further. 

(3) Impacts on equipment utility or 

equipment availability. If it is determined 

that a technology would have a significant 

adverse impact on the utility of the 

equipment for significant subgroups of 

consumers or would result in the 

unavailability of any covered equipment type 

with performance characteristics (including 

reliability), features, sizes, capacities, and 

volumes that are substantially the same as 

equipment generally available in the United 


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38300 Federal Register / Vol. 87, No. 123 / Tuesday, June 28, 2022 / Proposed Rules 

7Because the projected price of standardscompliant equipment is typically higher than the 

price of baseline equipment, 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. 

8The NIA accounts for impacts in the 50 states 

and U.S. territories. 

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 431.4; 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, fails to 

meet one or more of the listed five 

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 CRE. 

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 equipment. 

See chapter 5 of the preliminary TSD 

for additional detail on the engineering 

analysis. See chapter 12 of the 

preliminary TSD for additional detail on 

the manufacturer markup. 

D. Markups Analysis 

The markups analysis develops 

appropriate markups (e.g., wholesaler 

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 

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 CRE. 

E. Energy Use Analysis 

The purpose of the energy use 

analysis is to determine the annual 

energy consumption of CRE at different 

efficiencies in representative 

commercial buildings, and to assess the 

energy savings potential of increased 

CRE efficiency. The energy use analysis 

estimates the range of energy use of CRE 

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

used by consumers). 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 equipment over the life of 

that equipment, consisting of total 

installed cost (MSP, 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 equipment. 

• The PBP is the estimated amount of 

time (in years) it takes consumers to 

recover the increased purchase cost 

(including installation) of more-efficient 

equipment 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 new 

or 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 

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 CRE sold 

from 2027 through 2056. 

DOE evaluates the impacts of new or 

amended standards by comparing a case 

without such standards with standards 

case 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 software package written 

in the Python programming language to 


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Federal Register / Vol. 87, No. 123 / Tuesday, June 28, 2022 / Proposed Rules 38301 

calculate the energy savings and the 

national consumer costs and savings at 

each standard level and in the no-newstandards case. The NIA model uses 

average values (as opposed to 

probability distributions) as inputs. 

Critical inputs to this analysis include 

shipments projections, estimated 

equipment lifetimes, installed costs and 

operating costs, annual energy 

consumption, the base case efficiency 

projection, and discount rates. 

DOE estimates a combined total of 

1.70 quads of site energy savings at the 

max- tech efficiency levels for CRE. 

Combined site energy savings at 

efficiency level 1 for all equipment 

classes are estimated to be 0.19 quads. 

Chapter 10 of the preliminary TSD 

addresses the NIA. 

IV. Public Participation 

DOE invites public engagement in this 

process through participation in the 

webinar and submission of written 

comments, data, and information. After 

the webinar and the closing of the 

comment period, DOE will consider all 

timely-submitted 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 energy 

conservation standards for CRE 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 this 

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/ 

public-meetings-and-commentdeadlines. 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 

requests to speak via email to the 

Appliance and Equipment Standards 

Program at: 

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. 

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. 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 this rulemaking, 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 

allow, 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/public meeting 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 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 public meeting webinar, to submit 

in writing no later than the date 

provided in the DATES section at the 

beginning of this document, comments 

and information on matters addressed in 

this notification and on other matters 

relevant to DOE’s consideration of 

potential amended energy conservations 

standards for CRE. 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 


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38302 Federal Register / Vol. 87, No. 123 / Tuesday, June 28, 2022 / Proposed Rules 

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, hand 

delivery/courier, or postal mail. 

Comments and documents submitted 

via email, hand delivery/courier, or 

postal mail 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. If you 

submit via postal mail or hand delivery/ 

courier, please provide all items on a 

CD, if feasible, in which case it is not 

necessary to submit printed copies. 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 

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 

availability of the preliminary technical 

support document and request for 

comment. 

Signing Authority 

This document of the Department of 

Energy was signed on June 21, 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 June 22, 

2022. 

Treena V. Garrett, 

Federal Register Liaison Officer, U.S. 

Department of Energy. 

[FR Doc. 2022–13652 Filed 6–27–22; 8:45 am] 

BILLING CODE 6450–01–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2022–0801; Project 

Identifier MCAI–2022–00092–T] 

RIN 2120–AA64 

Airworthiness Directives; Airbus SAS 

Airplanes 

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 

Airbus SAS Model A350–941 and –1041 

airplanes. This proposed AD was 

prompted by a report indicating that the 

vertical stop support fitting (VSSF) of 

certain captain’s, first officer’s, and 

third occupant’s seats could fail. This 

proposed AD would require modifying 

or replacing each affected seat, as 

specified in a European Union Aviation 

Safety Agency (EASA) AD, which is 

proposed for incorporation by reference. 

This proposed AD would also limit the 

installation of affected parts under 

certain conditions. 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 August 12, 

2022. 

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 material that will be incorporated 

by reference (IBR) in this AD, contact 

EASA, Konrad-Adenauer-Ufer 3, 50668 

Cologne, Germany; telephone +49 221 

8999 000; email ADs@easa.europa.eu; 

internet www.easa.europa.eu. You may 

find this material on the EASA website 

at https://ad.easa.europa.eu. You may 

view this material at the FAA, 

Airworthiness Products Section, 

Operational Safety Branch, 2200 South 

216th St., Des Moines, WA. For 

information on the availability of this 

material at the FAA, call 206–231–3195. 

It is also available in the AD docket at 

https://www.regulations.gov by 

searching for and locating Docket No. 

FAA–2022–0801. 

Examining the AD Docket 

You may examine the AD docket at 

https://www.regulations.gov by 

searching for and locating Docket No. 

FAA–2022–0801; 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 


khammond on DSKJM1Z7X2PROD with PROPOSALS