Energy Efficiency Program for Consumer Products: Public Meeting and Availability of Framework Document for Battery Chargers and External Power Supplies, 26816-26818 [E9-12906]
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26816
Federal Register / Vol. 74, No. 106 / Thursday, June 4, 2009 / Proposed Rules
reporting is not consistent with other
event reporting requirements.
9. Remove paragraph (b)(5) of
Appendix A because it is redundant
with paragraph (b)(1) of Appendix A.
10. The petitioner states that the
industry understands that additional
NRC staff guidance is being prepared
concerning the issuance of reports
submitted to the NRC Operations Center
concurrent to the news release or other
notification concerning any event or
situation, related to the health and
safety of the public or onsite personnel,
or protection of the environment. The
petitioner encourages the NRC to issue
the guidance for public comment as
soon as possible.
Dated at Rockville, Maryland, this 29th day
of May 2009.
For the Nuclear Regulatory Commission.
Annette L. Vietti-Cook,
Secretary of the Commission.
[FR Doc. E9–13023 Filed 6–3–09; 8:45 am]
BILLING CODE 7590–01–P
DEPARTMENT OF ENERGY
10 CFR Part 430
[Docket No. EERE–2008–BT–STD–0005]
RIN 1904–AB57
Energy Efficiency Program for
Consumer Products: Public Meeting
and Availability of Framework
Document for Battery Chargers and
External Power Supplies
AGENCY: Office of Energy Efficiency and
Renewable Energy, Department of
Energy.
ACTION: Notice of public meeting and
availability of a Framework Document.
SUMMARY: The U.S. Department of
Energy (DOE) is initiating a rulemaking
process to consider establishing new
energy conservation standards for
battery chargers and amending the
energy conservation standards for Class
A external power supplies, as directed
by the Energy Independence and
Security Act of 2007 (EISA).
Accordingly, DOE will hold an informal
public meeting to discuss and receive
comments on its planned analytical
approach and issues it will address in
this rulemaking proceeding. DOE also
welcomes written comments from the
public concerning this rulemaking. To
inform interested parties and to
facilitate this process, DOE has prepared
two documents: a framework document,
which explains the analytical approach
and identifies particular issues on
which DOE is interested in receiving
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comment; and a draft technical report,
which details DOE’s research and
analysis on these products to date.
Copies of these and all other documents
associated with this rulemaking are
available at https://www.eere.energy.gov/
buildings/appliance_standards/
residential/battery_external.html.
DATES: DOE will hold a public meeting
in Washington, DC, beginning on July
16, 2009, from 9 a.m. to 5 p.m. The
agenda for the public meeting will
include the energy conservation
standards rulemaking on battery
chargers and external power supplies.
DOE must receive requests to speak at
this public meeting no later than 4 p.m.,
Thursday, July 2, 2009. DOE must
receive a signed original and an
electronic copy of statements to be given
at the public meeting no later than 4
p.m., Thursday, July 9, 2009. Written
comments on the framework document
are welcome, especially following the
public meeting, and should be
submitted by July 20, 2009.
ADDRESSES: The public meeting will be
held at the U.S. Department of Energy,
Forrestal Building, Room 1E–245, 1000
Independence Avenue, SW.,
Washington, DC 20585–0121. Please
note that foreign nationals participating
in the public meeting are subject to
advance security screening procedures.
If a foreign national wishes to
participate in the public meeting, please
inform DOE as soon as possible by
contacting Ms. Brenda Edwards at (202)
586–2945 so that the necessary
procedures can be completed.
Interested parties may submit
comments, identified by docket number
EERE–2008–BT–STD–0005 and/or
Regulation Identifier Number (RIN)
1904–AB57, by any of the following
methods:
• Federal eRulemaking Portal: https://
www.regulations.gov. Follow the
instructions for submitting comments.
• E-mail: BC&EPS_ECS@ee.doe.gov.
Include docket number EERE–2008–BT–
STD–0005 and/or RIN 1904–AB57 in
the subject line of the message.
• Mail: Ms. Brenda Edwards, U.S.
Department of Energy, Building
Technologies Program, Mailstop EE–2J,
Framework Document for Battery
Chargers and External Power Supplies,
docket number EERE–2008–BT–STD–
0005 and/or RIN 1904–AB57, 1000
Independence Avenue, SW.,
Washington, DC 20585–0121. Please
submit one signed paper original.
• Hand Delivery/Courier: Ms. Brenda
Edwards, U.S. Department of Energy,
Building Technologies Program, 6th
Floor, 950 L’Enfant Plaza, SW.,
PO 00000
Frm 00011
Fmt 4702
Sfmt 4702
Washington, DC 20024. Please submit
one signed paper original.
Instructions: All submissions received
must include the agency name and
docket number or RIN for this
rulemaking.
Docket: For access to the docket to
read background documents or
comments received, go to the U.S.
Department of Energy, Resource Room
of the Building Technologies Program,
Sixth Floor, 950 L’Enfant Plaza, SW.,
Washington, DC 20024, (202) 586–2945,
between 9 a.m. and 4 p.m., Monday
through Friday, except Federal holidays.
Please call Ms. Brenda Edwards first at
the above telephone number for
additional information about visiting
the Resource Room.
FOR FURTHER INFORMATION CONTACT: Mr.
Victor Petrolati, U.S. Department of
Energy, Office of Energy Efficiency and
Renewable Energy, Building
Technologies, EE–2J, 1000
Independence Avenue, SW.,
Washington, DC 20585–0121.
Telephone: (202) 586–4549. E-mail:
Victor.Petrolati@ee.doe.gov.
Mr. Michael Kido, U.S. Department of
Energy, Office of the General Counsel,
GC–72, 1000 Independence Avenue,
SW., Washington, DC 20585. Telephone:
(202) 586–9507. E-mail:
Michael.Kido@hq.doe.gov.
For information on how to submit or
review public comments and on how to
participate in the public meeting,
contact Ms. Brenda Edwards, U.S.
Department of Energy, Office of Energy
Efficiency and Renewable Energy,
Building Technologies Program, EE–2J,
1000 Independence Avenue, SW.,
Washington, DC, 20585–0121.
Telephone (202) 586–2945. E-mail:
Brenda.Edwards@ee.doe.gov.
SUPPLEMENTARY INFORMATION: Title III of
the Energy Policy and Conservation Act
(EPCA), as amended (42 U.S.C. 6291 et
seq.), sets forth a variety of provisions
designed to improve energy efficiency.
Part B of Title III (42 U.S.C. 6291–6309),
subsequently renamed Part A,
established the ‘‘Energy Conservation
Program for Consumer Products Other
Than Automobiles.’’ 1 The consumer
products subject to this program are
referred to as ‘‘covered products.’’
Section 135 of the Energy Policy Act
of 2005 (EPACT 2005), Public Law 109–
58, amended sections 321 and 325 of
EPCA, by defining battery chargers and
external power supplies and directing
the Secretary to prescribe ‘‘definitions
and test procedures for the power use of
battery chargers and external power
1 This part was originally titled Part B but it was
redesignated Part A in the United States Code for
editorial reasons.
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Federal Register / Vol. 74, No. 106 / Thursday, June 4, 2009 / Proposed Rules
supplies’’ and to ‘‘issue a final rule that
determines whether energy conservation
standards shall be issued for battery
chargers and external power supplies or
classes of battery chargers and external
power supplies.’’ (42 U.S.C.
6295(u)(1)(A) and (E))
On December 8, 2006, DOE complied
with the first of these requirements by
publishing a final rule that prescribed
test procedures for a variety of products.
71 FR 71340. That rule, which is
currently codified in multiple sections
of the Code of Federal Regulations
(CFR), included definitions and test
procedures for battery chargers and
external power supplies. The test
procedures for battery chargers and
external power supplies are found in 10
CFR Part 430, Subpart B, Appendix Y
(‘‘Uniform Test Method for Measuring
the Energy Consumption of Battery
Chargers’’) and 10 CFR Part 430,
Subpart B, Appendix Z (‘‘Uniform Test
Method for Measuring the Energy
Consumption of External Power
Supplies.’’), respectively.
DOE subsequently published a notice
of public meeting and availability of
documentation for public review on
December 29, 2006. 71 FR 78389. This
public meeting, called a ‘‘Scoping
Workshop,’’ discussed DOE’s plans for
conducting a determination analysis for
battery chargers and external power
supplies. The Scoping Workshop was
held at DOE’s Forrestal Building in
Washington, DC, on January 24, 2007.
Information pertaining to the Scoping
Workshop can be found on DOE’s Web
site at https://www.eere.energy.gov/
buildings/appliance_standards/
residential/battery_external.html.
On December 19, 2007, Congress
enacted the Energy Independence and
Security Act of 2007 (EISA), Public Law
110–140, which amended, among
others, sections 321, 323, and 325 of
EPCA. While EPACT 2005 amended
EPCA by defining an external power
supply as ‘‘an external power supply
circuit that is used to convert household
electric current into DC current or
lower-voltage AC current to operate a
consumer product’’ (42 U.S.C.
6291(36)(A)), section 301 of EISA
amended this definition by creating a
subset of external power supplies called
‘‘Class A External Power Supplies’’—
those external power supplies that are
‘‘able to convert to only 1 AC or DC
output voltage at a time’’ and that have
‘‘nameplate output power that is less
than or equal to 250 watts.’’ (42 U.S.C.
6291(36)(C)(i)) Section 301 of EISA also
established for these products energy
conservation standards that became
effective on July 1, 2008, and directed
DOE to conduct an energy conservation
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standards rulemaking to review those
standards by July 1, 2011.
Additionally, section 309 of EISA
amended section 325(u)(1)(E) of EPCA
by directing DOE to issue a final rule
that prescribes energy conservation
standards for battery chargers or classes
of battery chargers or to determine that
no energy conservation standard is
technologically feasible and
economically justified. DOE is bundling
together this battery charger rulemaking
proceeding with the requirement to
review and consider amending the
energy conservation standards for Class
A external power supplies, as both
rulemakings must be completed by July
1, 2011. The new rulemaking
requirements contained in sections 301
and 309 of EISA effectively supersede
the prior determination analysis that
EPACT 2005 required DOE to conduct.
Section 309 of EISA also instructed
DOE to ‘‘issue a final rule that
determines whether energy conservation
standards shall be issued for external
power supplies or classes of external
power supplies’’ no later than two years
after EISA’s enactment. (42 U.S.C.
6295(u)(1)(E)(i)(I)) Because DOE cannot
conduct a determination analysis on
whether it should issue energy
conservation standards for a product for
which standards have already been set,
DOE is interpreting these sections
jointly as a requirement to determine, in
a separate rulemaking to be completed
by December 19, 2009, whether energy
conservation standards shall be issued
for non-Class A external power
supplies. Examples of these types of
external power supplies include those
with nameplate output power greater
than 250 watts, those that are able to
convert to more than one AC or DC
output voltage at the same time, and
those that are specifically excluded from
coverage under the Class A external
power supply definition provided by
EISA by virtue of their application (e.g.,
EPSs used with medical devices).
Finally, section 310 of EISA
established definitions for active mode,
standby mode, and off mode, and
directed DOE to amend its existing test
procedures for both BCs and EPSs to
measure the energy consumed in
standby mode and off mode. (42 U.S.C.
6295(gg)(2)(B)(i)) DOE satisfied this
requirement by publishing a final rule
that incorporated standby and off mode
measurement into the DOE test
procedure. 74 FR 13318 (March 27,
2009).
To initiate the bundled battery
charger and Class A external power
supply rulemaking, DOE has prepared a
Framework Document to explain the
issues, analyses, inputs, and processes it
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26817
anticipates will arise in developing new
energy conservation standards for
battery chargers and amended energy
conservation standards for Class A
external power supplies. In addition,
DOE has prepared a draft technical
report that presents DOE’s research,
analysis, and methods on both these
products as part of its work on the
determination analysis in 2007. The
publication of this draft technical report
is not intended to set any new precedent
for framework document meetings.
Instead, DOE believes that it may
receive better comment and more
precise direction from interested parties
on key issues by publishing its
previously developed draft analyses in
conjunction with this framework
document. As discussed earlier, the
work on the determination was
overtaken by the changes introduced by
EISA, which modified both its scope
and schedule.
As noted above, DOE will hold a
public meeting on Thursday, July 16,
2009, in Washington, DC, to discuss the
analyses presented and issues identified
in the Framework Document. At the
public meeting, the Department will
make a number of presentations, invite
discussion on the rulemaking process as
it applies to battery chargers and
external power supplies, and solicit
comments, data, and information from
participants and other interested parties.
DOE will also invite comment on its
preliminary analyses of battery chargers
and external power supplies, as
described in the draft technical report
The public meeting will be conducted
in an informal, facilitated conference
style. There shall be no discussion of
proprietary information, costs or prices,
market shares, or other commercial
matters regulated by U.S. antitrust laws.
A court reporter will record the
proceedings of the public meeting,
which will be entered into the docket
for this rulemaking.
DOE encourages those who wish to
participate in the public meeting to read
the Framework Document and draft
technical report and to be prepared to
discuss their contents. Copies of both
documents are available at https://
www.eere.energy.gov/buildings/
appliance_standards/residential/
battery_external.html.
Public meeting participants need not
limit their comments to the issues
identified in the Framework Document.
DOE is also interested in receiving
comments concerning other relevant
issues that participants believe would
affect any energy conservation standards
for these products. For example,
interested parties are invited to
comment on external power supplies
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Federal Register / Vol. 74, No. 106 / Thursday, June 4, 2009 / Proposed Rules
not included in Class A. DOE is
conducting a separate determination
analysis rulemaking for these products,
but intends to invite public comment on
the scope of coverage for non-Class A
external power supplies at the end of
the public meeting, if time permits.
DOE invites all interested parties,
whether they participate in the public
meeting, to submit in writing by July 20,
2009, comments and information on
matters addressed in the Framework
Document and on other matters relevant
to assessment of energy conservation
standards for battery chargers and
external power supplies.
After the public meeting and the close
of the comment period on the
Framework Document, DOE will begin
collecting data, conducting the analyses
as discussed in the Framework
Document and at the public meeting,
and reviewing the comments received.
DOE considers public participation to
be a very important part of the process
for setting energy conservation
standards. DOE encourages the
participation and interaction of the
public during the comment period in
each stage of the rulemaking process.
Beginning with the Framework
Document, and during each subsequent
public meeting and comment period,
interactions with and among members
of the public provide a balanced
discussion of the issues that assists DOE
in the standards rulemaking process.
Accordingly, anyone who would like to
participate in the public meeting,
receive meeting materials, or be added
to the DOE mailing list to receive future
notices and information regarding this
and related rulemakings on battery
chargers and external power supplies
should contact Ms. Brenda Edwards at
(202) 586–2945, or via e-mail at
Brenda.Edwards@ee.doe.gov.
Issued in Washington, DC, on May 26,
2009.
Steven Chalk,
Principal Deputy Assistant Secretary, Energy
Efficiency and Renewable Energy.
[FR Doc. E9–12906 Filed 6–3–09; 8:45 am]
BILLING CODE 6450–01–P
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 23
[Docket No. CE296; Notice No. 23–09–02SC]
Special Conditions: Cessna Aircraft
Company, Model 525C (CJ4); Lithium
Ion Battery Installation
AGENCY: Federal Aviation
Administration (FAA), DOT.
ACTION: Notice of proposed special
conditions.
SUMMARY: This action proposes special
conditions for the Cessna Aircraft
Company, model 525C (CJ4) airplane.
This airplane will have a novel or
unusual design feature associated with
the installation of lithium ion (Li-ion)
batteries. Cessna Aircraft Company
proposes to use a lithium-ion main
battery on the new model 525C (CJ4)
commuter category airplane for main
battery applications, and is also
considering the use of this technology in
several other auxiliary battery
applications in this airplane. This type
of battery possesses certain failure,
operational characteristics, and
maintenance requirements that differ
significantly from that of the nickel
cadmium and lead acid rechargeable
batteries currently approved in other
normal, utility, acrobatic, and commuter
category airplanes. The applicable
airworthiness regulations do not contain
adequate or appropriate safety standards
for this design feature. These proposed
special conditions contain the
additional safety standards that the
Administrator considers necessary to
establish a level of safety equivalent to
that established by the existing
airworthiness standards.
DATES: We must receive your comments
by July 6, 2009.
ADDRESSES: Mail two copies of your
comments to Federal Aviation
Administration, Regional Counsel,
ACE–7, Attention: Rules Docket Clerk,
Docket No. CE296, Room 506, 901
Locust, Kansas City, Missouri 64106.
You may deliver two copies to the Small
Airplane Directorate at the above
address. Mark your comments: Docket
No. CE296. You may inspect comments
in the Rules Docket weekdays, except
Federal holidays, between 7:30 a.m. and
4 p.m.
FOR FURTHER INFORMATION CONTACT:
Ervin Dvorak, Aerospace Engineer,
Standards Office (ACE–111), Small
Airplane Directorate, Aircraft
Certification Service, Federal Aviation
Administration, 901 Locust, Room 301,
PO 00000
Frm 00013
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Sfmt 4702
Kansas City, Missouri 64106; telephone
(816) 329–4123.
SUPPLEMENTARY INFORMATION:
Comments Invited
We invite interested people to take
part in this rulemaking by sending
written comments, data, or views. The
most helpful comments reference a
specific portion of the special
conditions, explain the reason for any
recommended change, and include
supporting data. We ask that you send
us two copies of written comments.
We will file in the docket all
comments we receive, as well as a
report summarizing each substantive
public contact with FAA personnel
concerning these special conditions.
You may inspect the docket before and
after the comment closing date. If you
wish to review the docket in person, go
to the address in the ADDRESSES section
of this preamble between 7:30 a.m. and
4 p.m., Monday through Friday, except
Federal holidays.
We will consider all comments we
receive on or before the closing date for
comments. We will consider comments
filed late if it is possible to do so
without incurring expense or delay. We
may change these special conditions
based on the comments we receive.
If you want the FAA to acknowledge
receipt of your comments on this
proposal, include with your comments
a pre-addressed, stamped postcard on
which the docket number appears. We
will stamp the date on the postcard and
mail it back to you.
Background
On August 9, 2006, Cessna Aircraft
Company applied for an amendment to
Type Certificate Number A1WI to
include the new model 525C (CJ4). The
model 525C (CJ4), which is a derivative
of the model 525B (CJ3) currently
approved under Type Certificate
Number A1WI, is a commuter category,
low-winged monoplane with ’’T’’ tailed
vertical and horizontal stabilizers,
retractable tricycle type landing gear
and twin turbofan engines mounted on
the aircraft fuselage. The maximum
takeoff weight is 16,950 pounds, the
VMO/MMO is 305 KIAS/M 0.77 and
maximum altitude is 45,000 feet. Cessna
Aircraft Company proposes to utilize
lithium Ion (Li-ion) batteries for main
battery applications, and is considering
the use of this technology in several
other auxiliary battery applications in
this airplane.
Type Certification Basis
Under the provisions of 14 CFR part
21, § 21.101, Cessna Aircraft Company
must show that the model 525C (CJ4)
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Agencies
[Federal Register Volume 74, Number 106 (Thursday, June 4, 2009)]
[Proposed Rules]
[Pages 26816-26818]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-12906]
=======================================================================
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DEPARTMENT OF ENERGY
10 CFR Part 430
[Docket No. EERE-2008-BT-STD-0005]
RIN 1904-AB57
Energy Efficiency Program for Consumer Products: Public Meeting
and Availability of Framework Document for Battery Chargers and
External Power Supplies
AGENCY: Office of Energy Efficiency and Renewable Energy, Department of
Energy.
ACTION: Notice of public meeting and availability of a Framework
Document.
-----------------------------------------------------------------------
SUMMARY: The U.S. Department of Energy (DOE) is initiating a rulemaking
process to consider establishing new energy conservation standards for
battery chargers and amending the energy conservation standards for
Class A external power supplies, as directed by the Energy Independence
and Security Act of 2007 (EISA). Accordingly, DOE will hold an informal
public meeting to discuss and receive comments on its planned
analytical approach and issues it will address in this rulemaking
proceeding. DOE also welcomes written comments from the public
concerning this rulemaking. To inform interested parties and to
facilitate this process, DOE has prepared two documents: a framework
document, which explains the analytical approach and identifies
particular issues on which DOE is interested in receiving comment; and
a draft technical report, which details DOE's research and analysis on
these products to date. Copies of these and all other documents
associated with this rulemaking are available at https://www.eere.energy.gov/buildings/appliance_standards/residential/battery_external.html.
DATES: DOE will hold a public meeting in Washington, DC, beginning on
July 16, 2009, from 9 a.m. to 5 p.m. The agenda for the public meeting
will include the energy conservation standards rulemaking on battery
chargers and external power supplies. DOE must receive requests to
speak at this public meeting no later than 4 p.m., Thursday, July 2,
2009. DOE must receive a signed original and an electronic copy of
statements to be given at the public meeting no later than 4 p.m.,
Thursday, July 9, 2009. Written comments on the framework document are
welcome, especially following the public meeting, and should be
submitted by July 20, 2009.
ADDRESSES: The public meeting will be held at the U.S. Department of
Energy, Forrestal Building, Room 1E-245, 1000 Independence Avenue, SW.,
Washington, DC 20585-0121. Please note that foreign nationals
participating in the public meeting are subject to advance security
screening procedures. If a foreign national wishes to participate in
the public meeting, please inform DOE as soon as possible by contacting
Ms. Brenda Edwards at (202) 586-2945 so that the necessary procedures
can be completed.
Interested parties may submit comments, identified by docket number
EERE-2008-BT-STD-0005 and/or Regulation Identifier Number (RIN) 1904-
AB57, by any of the following methods:
Federal eRulemaking Portal: https://www.regulations.gov.
Follow the instructions for submitting comments.
E-mail: BC&EPS_ECS@ee.doe.gov. Include docket number
EERE-2008-BT-STD-0005 and/or RIN 1904-AB57 in the subject line of the
message.
Mail: Ms. Brenda Edwards, U.S. Department of Energy,
Building Technologies Program, Mailstop EE-2J, Framework Document for
Battery Chargers and External Power Supplies, docket number EERE-2008-
BT-STD-0005 and/or RIN 1904-AB57, 1000 Independence Avenue, SW.,
Washington, DC 20585-0121. Please submit one signed paper original.
Hand Delivery/Courier: Ms. Brenda Edwards, U.S. Department
of Energy, Building Technologies Program, 6th Floor, 950 L'Enfant
Plaza, SW., Washington, DC 20024. Please submit one signed paper
original.
Instructions: All submissions received must include the agency name
and docket number or RIN for this rulemaking.
Docket: For access to the docket to read background documents or
comments received, go to the U.S. Department of Energy, Resource Room
of the Building Technologies Program, Sixth Floor, 950 L'Enfant Plaza,
SW., Washington, DC 20024, (202) 586-2945, between 9 a.m. and 4 p.m.,
Monday through Friday, except Federal holidays. Please call Ms. Brenda
Edwards first at the above telephone number for additional information
about visiting the Resource Room.
FOR FURTHER INFORMATION CONTACT: Mr. Victor Petrolati, U.S. Department
of Energy, Office of Energy Efficiency and Renewable Energy, Building
Technologies, EE-2J, 1000 Independence Avenue, SW., Washington, DC
20585-0121. Telephone: (202) 586-4549. E-mail:
Victor.Petrolati@ee.doe.gov.
Mr. Michael Kido, U.S. Department of Energy, Office of the General
Counsel, GC-72, 1000 Independence Avenue, SW., Washington, DC 20585.
Telephone: (202) 586-9507. E-mail: Michael.Kido@hq.doe.gov.
For information on how to submit or review public comments and on
how to participate in the public meeting, contact Ms. Brenda Edwards,
U.S. Department of Energy, Office of Energy Efficiency and Renewable
Energy, Building Technologies Program, EE-2J, 1000 Independence Avenue,
SW., Washington, DC, 20585-0121. Telephone (202) 586-2945. E-mail:
Brenda.Edwards@ee.doe.gov.
SUPPLEMENTARY INFORMATION: Title III of the Energy Policy and
Conservation Act (EPCA), as amended (42 U.S.C. 6291 et seq.), sets
forth a variety of provisions designed to improve energy efficiency.
Part B of Title III (42 U.S.C. 6291-6309), subsequently renamed Part A,
established the ``Energy Conservation Program for Consumer Products
Other Than Automobiles.'' \1\ The consumer products subject to this
program are referred to as ``covered products.''
---------------------------------------------------------------------------
\1\ This part was originally titled Part B but it was
redesignated Part A in the United States Code for editorial reasons.
---------------------------------------------------------------------------
Section 135 of the Energy Policy Act of 2005 (EPACT 2005), Public
Law 109-58, amended sections 321 and 325 of EPCA, by defining battery
chargers and external power supplies and directing the Secretary to
prescribe ``definitions and test procedures for the power use of
battery chargers and external power
[[Page 26817]]
supplies'' and to ``issue a final rule that determines whether energy
conservation standards shall be issued for battery chargers and
external power supplies or classes of battery chargers and external
power supplies.'' (42 U.S.C. 6295(u)(1)(A) and (E))
On December 8, 2006, DOE complied with the first of these
requirements by publishing a final rule that prescribed test procedures
for a variety of products. 71 FR 71340. That rule, which is currently
codified in multiple sections of the Code of Federal Regulations (CFR),
included definitions and test procedures for battery chargers and
external power supplies. The test procedures for battery chargers and
external power supplies are found in 10 CFR Part 430, Subpart B,
Appendix Y (``Uniform Test Method for Measuring the Energy Consumption
of Battery Chargers'') and 10 CFR Part 430, Subpart B, Appendix Z
(``Uniform Test Method for Measuring the Energy Consumption of External
Power Supplies.''), respectively.
DOE subsequently published a notice of public meeting and
availability of documentation for public review on December 29, 2006.
71 FR 78389. This public meeting, called a ``Scoping Workshop,''
discussed DOE's plans for conducting a determination analysis for
battery chargers and external power supplies. The Scoping Workshop was
held at DOE's Forrestal Building in Washington, DC, on January 24,
2007. Information pertaining to the Scoping Workshop can be found on
DOE's Web site at https://www.eere.energy.gov/buildings/appliance_standards/residential/battery_external.html.
On December 19, 2007, Congress enacted the Energy Independence and
Security Act of 2007 (EISA), Public Law 110-140, which amended, among
others, sections 321, 323, and 325 of EPCA. While EPACT 2005 amended
EPCA by defining an external power supply as ``an external power supply
circuit that is used to convert household electric current into DC
current or lower-voltage AC current to operate a consumer product'' (42
U.S.C. 6291(36)(A)), section 301 of EISA amended this definition by
creating a subset of external power supplies called ``Class A External
Power Supplies''--those external power supplies that are ``able to
convert to only 1 AC or DC output voltage at a time'' and that have
``nameplate output power that is less than or equal to 250 watts.'' (42
U.S.C. 6291(36)(C)(i)) Section 301 of EISA also established for these
products energy conservation standards that became effective on July 1,
2008, and directed DOE to conduct an energy conservation standards
rulemaking to review those standards by July 1, 2011.
Additionally, section 309 of EISA amended section 325(u)(1)(E) of
EPCA by directing DOE to issue a final rule that prescribes energy
conservation standards for battery chargers or classes of battery
chargers or to determine that no energy conservation standard is
technologically feasible and economically justified. DOE is bundling
together this battery charger rulemaking proceeding with the
requirement to review and consider amending the energy conservation
standards for Class A external power supplies, as both rulemakings must
be completed by July 1, 2011. The new rulemaking requirements contained
in sections 301 and 309 of EISA effectively supersede the prior
determination analysis that EPACT 2005 required DOE to conduct.
Section 309 of EISA also instructed DOE to ``issue a final rule
that determines whether energy conservation standards shall be issued
for external power supplies or classes of external power supplies'' no
later than two years after EISA's enactment. (42 U.S.C.
6295(u)(1)(E)(i)(I)) Because DOE cannot conduct a determination
analysis on whether it should issue energy conservation standards for a
product for which standards have already been set, DOE is interpreting
these sections jointly as a requirement to determine, in a separate
rulemaking to be completed by December 19, 2009, whether energy
conservation standards shall be issued for non-Class A external power
supplies. Examples of these types of external power supplies include
those with nameplate output power greater than 250 watts, those that
are able to convert to more than one AC or DC output voltage at the
same time, and those that are specifically excluded from coverage under
the Class A external power supply definition provided by EISA by virtue
of their application (e.g., EPSs used with medical devices).
Finally, section 310 of EISA established definitions for active
mode, standby mode, and off mode, and directed DOE to amend its
existing test procedures for both BCs and EPSs to measure the energy
consumed in standby mode and off mode. (42 U.S.C. 6295(gg)(2)(B)(i))
DOE satisfied this requirement by publishing a final rule that
incorporated standby and off mode measurement into the DOE test
procedure. 74 FR 13318 (March 27, 2009).
To initiate the bundled battery charger and Class A external power
supply rulemaking, DOE has prepared a Framework Document to explain the
issues, analyses, inputs, and processes it anticipates will arise in
developing new energy conservation standards for battery chargers and
amended energy conservation standards for Class A external power
supplies. In addition, DOE has prepared a draft technical report that
presents DOE's research, analysis, and methods on both these products
as part of its work on the determination analysis in 2007. The
publication of this draft technical report is not intended to set any
new precedent for framework document meetings. Instead, DOE believes
that it may receive better comment and more precise direction from
interested parties on key issues by publishing its previously developed
draft analyses in conjunction with this framework document. As
discussed earlier, the work on the determination was overtaken by the
changes introduced by EISA, which modified both its scope and schedule.
As noted above, DOE will hold a public meeting on Thursday, July
16, 2009, in Washington, DC, to discuss the analyses presented and
issues identified in the Framework Document. At the public meeting, the
Department will make a number of presentations, invite discussion on
the rulemaking process as it applies to battery chargers and external
power supplies, and solicit comments, data, and information from
participants and other interested parties. DOE will also invite comment
on its preliminary analyses of battery chargers and external power
supplies, as described in the draft technical report
The public meeting will be conducted in an informal, facilitated
conference style. There shall be no discussion of proprietary
information, costs or prices, market shares, or other commercial
matters regulated by U.S. antitrust laws. A court reporter will record
the proceedings of the public meeting, which will be entered into the
docket for this rulemaking.
DOE encourages those who wish to participate in the public meeting
to read the Framework Document and draft technical report and to be
prepared to discuss their contents. Copies of both documents are
available at https://www.eere.energy.gov/buildings/appliance_standards/residential/battery_external.html.
Public meeting participants need not limit their comments to the
issues identified in the Framework Document. DOE is also interested in
receiving comments concerning other relevant issues that participants
believe would affect any energy conservation standards for these
products. For example, interested parties are invited to comment on
external power supplies
[[Page 26818]]
not included in Class A. DOE is conducting a separate determination
analysis rulemaking for these products, but intends to invite public
comment on the scope of coverage for non-Class A external power
supplies at the end of the public meeting, if time permits.
DOE invites all interested parties, whether they participate in the
public meeting, to submit in writing by July 20, 2009, comments and
information on matters addressed in the Framework Document and on other
matters relevant to assessment of energy conservation standards for
battery chargers and external power supplies.
After the public meeting and the close of the comment period on the
Framework Document, DOE will begin collecting data, conducting the
analyses as discussed in the Framework Document and at the public
meeting, and reviewing the comments received.
DOE considers public participation to be a very important part of
the process for setting energy conservation standards. DOE encourages
the participation and interaction of the public during the comment
period in each stage of the rulemaking process. Beginning with the
Framework Document, and during each subsequent public meeting and
comment period, interactions with and among members of the public
provide a balanced discussion of the issues that assists DOE in the
standards rulemaking process. Accordingly, anyone who would like to
participate in the public meeting, receive meeting materials, or be
added to the DOE mailing list to receive future notices and information
regarding this and related rulemakings on battery chargers and external
power supplies should contact Ms. Brenda Edwards at (202) 586-2945, or
via e-mail at Brenda.Edwards@ee.doe.gov.
Issued in Washington, DC, on May 26, 2009.
Steven Chalk,
Principal Deputy Assistant Secretary, Energy Efficiency and Renewable
Energy.
[FR Doc. E9-12906 Filed 6-3-09; 8:45 am]
BILLING CODE 6450-01-P