Energy Conservation Standards for Battery Chargers and External Power Supplies: Public Meeting and Availability of the Preliminary Technical Support Document, 56021-56024 [2010-23012]
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Federal Register / Vol. 75, No. 178 / Wednesday, September 15, 2010 / Proposed Rules
official NASS estimate is available yet
for 2010–11. However, the average
grower price for the 3-year period
between 2007–08 and 2009–10 was
$1,756.67 per ton, or $87.83 per
hundredweight.
Assuming that the average producer
price for 2010–11 will range between
$72.50 and $87.83 per hundredweight,
the estimated assessment revenue,
stated as a percentage of producer
revenue, would range between 1.38 and
1.14 percent ($1.00 per hundredweight
divided by either $72.50 or $87.83 per
hundredweight). Thus, assessment
revenue should be less than 1.5 percent
of estimated producer revenue for 2010–
11.
This action would increase the
assessment obligation imposed on
handlers. While assessments impose
some additional costs on handlers, the
costs are minimal and uniform on all
handlers. Some of the additional costs
may be passed on to producers.
However, these costs would be offset by
the benefits derived by the operation of
the marketing order. In addition, the
Committee’s meeting was widely
publicized throughout the California
date industry and all interested persons
were invited to attend the meeting and
participate in Committee deliberations
on all issues. Like all Committee
meetings, the June 24, 2010, meeting
was a public meeting and all entities,
both large and small, were able to
express views on this issue. Finally,
interested persons are invited to submit
comments on this rule, including the
regulatory and informational impacts of
this action on small businesses.
This proposed rule would impose no
additional reporting or recordkeeping
requirements on either small or large
California date handlers. As with all
Federal marketing order programs,
reports and forms are periodically
reviewed to reduce information
requirements and duplication by
industry and public sector agencies.
AMS is committed to complying with
the E–Government Act, to promote the
use of the Internet and other
information technologies to provide
increased opportunities for citizen
access to Government information and
services, and for other purposes.
USDA has not identified any relevant
Federal rules that duplicate, overlap, or
conflict with this rule.
A small business guide on complying
with fruit, vegetable, and specialty crop
marketing agreements and orders may
be viewed at: https://www.ams.usda.gov/
MarketingOrdersSmallBusinessGuide.
Any questions about the compliance
guide should be sent to Antoinette
Carter at the previously mentioned
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address in the FOR FURTHER INFORMATION
section.
A 30-day comment period is provided
to allow interested persons to respond
to this proposed rule. Thirty days is
deemed appropriate because: (1) The
2010–11 crop year begins on October 1,
2010, and the marketing order requires
that the rate of assessment for each crop
year apply to all assessable dates
handled during such crop year; (2) the
Committee needs to have sufficient
funds to pay its expenses, which are
incurred on a continuous basis; and (3)
handlers are aware of this action, which
was unanimously recommended by the
Committee at a public meeting and is
similar to other assessment rate actions
issued in past years.
CONTACT
List of Subjects in 7 CFR Part 987
Dates, Marketing agreements,
Reporting and recordkeeping
requirements.
For the reasons set forth in the
preamble, 7 CFR part 987 is proposed to
be amended as follows:
PART 987—DATES PRODUCED OR
PACKED IN RIVERSIDE COUNTY,
CALIFORNIA
1. The authority citation for 7 CFR
part 987 continues to read as follows:
2. Section 987.339 is revised to read
as follows:
Assessment rate.
On and after October 1, 2010, an
assessment rate of $1.00 per
hundredweight is established for
California dates.
Dated: September 10, 2010.
David R. Shipman,
Acting Administrator, Agricultural Marketing
Service.
[FR Doc. 2010–22981 Filed 9–14–10; 8:45 am]
BILLING CODE 3410–02–P
DEPARTMENT OF ENERGY
10 CFR Part 430
[Docket No. EERE–2008–BT–STD–0005]
RIN 1904–AB57
Energy Conservation Standards for
Battery Chargers and External Power
Supplies: Public Meeting and
Availability of the Preliminary
Technical Support Document
Office of Energy Efficiency and
Renewable Energy, Department of
Energy.
AGENCY:
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Notice of public meeting and
availability of preliminary technical
support document.
ACTION:
The U.S. Department of
Energy (DOE) will hold a public meeting
to discuss and receive comments on the
following: the product classes DOE
plans to analyze for the purposes of
amending energy conservation
standards for Class A external power
supplies (EPSs) and establishing energy
conservation standards for battery
chargers (BCs) and non-Class A EPSs;
the analytical framework, models, and
tools DOE is using to evaluate standards
for these products; the results of
preliminary analyses performed by DOE
for these products; and potential energy
conservation standard levels derived
from these analyses that DOE could
consider for these products. DOE also
encourages interested parties to submit
written comments on these subjects. To
inform stakeholders and facilitate the
public meeting and comments process,
DOE has prepared an agenda, a
preliminary technical support document
(TSD), and briefing materials, which are
available at: https://
www1.eere.energy.gov/buildings/
appliance_standards/residential/
battery_external.html.
SUMMARY:
The Department will hold a
public meeting on Wednesday, October
13, 2010, from 9 a.m. to 5 p.m. in
Washington, DC. Any person requesting
to speak at the public meeting should
submit such request, along with an
electronic copy of the statement to be
given at the public meeting, before 4
p.m., Wednesday, September 29, 2010.
Written comments are welcome,
especially following the public meeting,
and should be submitted by October 15,
2010.
DATES:
Authority: 7 U.S.C. 601–674.
§ 987.339
56021
The public meeting will be
held at the U.S. Department of Energy,
Forrestal Building, Room 8E–089, 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 of this fact as soon as
possible by contacting Ms. Brenda
Edwards at (202) 586–2945 so that the
necessary procedures can be completed.
Interested persons may submit
comments, identified by docket number
EERE–2008–BT–STD–0005, by any of
the following methods:
• Federal eRulemaking Portal: https://
www.regulations.gov. Follow the
instructions for submitting comments.
ADDRESSES:
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Federal Register / Vol. 75, No. 178 / Wednesday, September 15, 2010 / Proposed Rules
• E-mail: BC&EPS_ECS@ee.doe.gov.
Include 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,
Public Meeting for Battery Chargers and
External Power Supplies, EERE–2008–
BT–STD–0005 and/or RIN 1904–AB57,
1000 Independence Avenue, SW.,
Washington, DC 20585–0121. Phone:
(202) 586–2945. 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. Phone: (202)
586–2945. 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, a copy of
the transcript of the public meeting, or
comments received, go to the U.S.
Department of Energy, 6th 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 at (202) 586–2945 for
additional information regarding
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 Program, EE–2J, 1000
Independence Avenue, SW.,
Washington, DC 20585–0121.
Telephone: (202) 586–4549. E-mail:
Victor.Petrolati@ee.doe.gov.
In the Office of General Counsel,
contact Ms. Francine Pinto or 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:
Francine.Pinto@hq.doe.gov or
Michael.Kido@hq.doe.gov.
SUPPLEMENTARY INFORMATION:
srobinson on DSKHWCL6B1PROD with PROPOSALS
Table of Contents
I. Statutory Authority
II. History of Standards Rulemaking for
Battery Chargers and External Power
Supplies
A. Background
B. Current Rulemaking Process
III. Summary of the Analyses Performed by
DOE
A. Engineering Analysis
B. Markups to Determine Product Prices
C. Energy Use Analysis
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D. Life-Cycle Cost and Payback Period
Analyses
E. National Impact Analysis
I. Statutory Authority
Title III of the Energy Policy and
Conservation Act (42 U.S.C. 6291 et
seq.; EPCA or the Act) sets forth a
variety of provisions designed to
improve energy efficiency. Part A of
Title III (42 U.S.C. 6291–6309)
establishes the ‘‘Energy Conservation
Program for Consumer Products Other
Than Automobiles,’’ which covers
consumer products and certain
commercial products (all of which are
referred to below as ‘‘covered
products’’), including BCs and EPSs.
These provisions authorize the
Department to establish energy
efficiency standards for certain
consumer products. Any new or
amended standard for these products
must (1) achieve the maximum
improvement in energy efficiency that is
technologically feasible and
economically justified, and (2) result in
significant conservation of energy. (42
U.S.C. 6295(o)(2)(A)) To determine
whether a proposed standard is
economically justified, DOE must, after
receiving comments on the proposed
standard, determine whether the
benefits of the standard exceed its
burdens to the greatest extent
practicable, considering the following
seven factors:
1. The economic impact of the
standard on manufacturers and
consumers of 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
which are likely to result from the
imposition of the standard;
3. The total projected amount of
energy savings likely to result directly
from the imposition of the standard;
4. Any lessening of the utility or the
performance of the covered products
likely to result from the imposition of
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 imposition of the
standard;
6. The need for national energy
conservation; and
7. Other factors the Secretary [of
Energy] considers relevant. (42 U.S.C.
6295(o)(2)(B)(i))
Prior to proposing a standard, DOE
typically seeks public input on the
analytical framework, models, and tools
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that will be used to evaluate standards;
the results of preliminary analyses; and
potential energy conservation standard
levels derived from these analyses. With
this notice DOE is announcing the
availability of the preliminary technical
support document (preliminary TSD),
which details the preliminary analyses,
discusses the comments on the
framework document, and summarizes
the preliminary results. In addition,
DOE is announcing a public meeting to
solicit feedback from interested parties
on its analytical framework, models,
and preliminary results.
II. History of Standards Rulemaking for
Battery Chargers and External Power
Supplies
The following sections provide a brief
summary of the rulemaking activities for
battery charger and external power
supply energy conservation standards.
A. Background
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
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, 71365–75. That rule,
which is currently codified in multiple
sections of the Code of Federal
Regulations (CFR), included definitions
and test procedures for BCs and EPSs.
The test procedures for these products
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’’).
DOE initiated the determination
analysis rulemaking for BCs and EPSs in
2006, which included a scoping
workshop on January 24, 2007, at DOE
headquarters in Washington, DC
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.
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B. Current Rulemaking Process
Subsequent to the activities noted
above, Congress enacted the Energy
Independence and Security Act of 2007
(EISA 2007), Public Law 110–140 (Dec.
19, 2007), which, among other things,
amended sections 321, 323, and 325 of
EPCA. As part of these amendments,
EISA 2007 altered the external power
supply definition. Under the definition
previously set by EPACT 2005, the
statute defined 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 2007
amended that definition by creating a
subset of external power supplies called
‘‘Class A External Power Supplies.’’ The
new subset of products consisted of
those EPSs that are ‘‘able to convert to
only 1 AC or DC output voltage at a
time’’ and have ‘‘nameplate output
power that is less than or equal to 250
watts.’’ The definition of Class A EPS
excludes any device that ‘‘requires
Federal Food and Drug Administration
listing and approval as a medical device
in accordance with section 513 of the
Federal Food, Drug, and Cosmetic Act
(21 U.S.C. 360c)’’ or ‘‘powers the charger
of a detachable battery pack or charges
the battery of a product that is fully or
primarily motor operated.’’ (42 U.S.C.
6291(36)(C)) Section 301 of EISA 2007
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
2007 amended section 325(u)(1)(E) of
EPCA by directing DOE to issue a final
rule that prescribes energy conservation
standards for BCs or classes of BCs or
to determine that no energy
conservation standard is technologically
feasible and economically justified. DOE
is bundling this BC rulemaking
proceeding with the requirement to
review and consider amending the
energy conservation standards for Class
A EPSs, as both rulemakings must be
completed by July 1, 2011. The new
rulemaking requirements contained in
sections 301 and 309 of EISA 2007
effectively superseded the prior
determination analysis that EPACT 2005
required DOE to conduct.
Section 309 of EISA 2007 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
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after EISA 2007’s enactment. (42 U.S.C.
6295(u)(1)(E)(i)(I)) Because DOE cannot
conduct a determination analysis for a
product for which standards have
already been set, DOE interpreted these
sections jointly as a requirement to
determine, in a separate rulemaking,
whether energy conservation standards
are warranted for EPSs outside of Class
A (non-Class A EPSs). Non-Class A EPSs
include those with nameplate output
power greater than 250 watts, those able
to convert to more than one AC or DC
output voltage at the same time, and
those specifically excluded from
coverage under the Class A EPS
definition in EISA 2007 by virtue of
their application, e.g., EPSs used with
medical devices. DOE has determined
that standards are warranted for nonClass A EPSs. The determination was
published in the Federal Register on
May 14, 2010. 75 FR 27170. Given the
related nature of such products, DOE
included non-Class A EPSs within the
ongoing standards rulemaking.
Finally, section 310 of EISA 2007
established definitions for active mode,
standby mode, and off mode, and
directed DOE to amend its existing test
procedures for BCs and EPSs to measure
the energy consumed in standby mode
and off mode. (42 U.S.C.
6295(gg)(2)(B)(i)) Consequently, DOE
published a final rule incorporating
standby and off mode measurement into
the DOE test procedure. 74 FR 13318,
13334–13336 (March 27, 2009). DOE is
now considering amending the test
procedure for BCs to include BC active
mode. A notice of proposed rulemaking
(NOPR) was published in the Federal
Register on April 2, 2010. 75 FR 16958.
To initiate the bundled BC and Class
A EPS rulemaking, the Department
published on its website the Energy
Conservation Standards Rulemaking
Framework Document for Battery
Chargers and External Power Supplies
(the framework document). The
framework document explains the
issues, analysis, and process DOE
anticipates using to develop energy
efficiency standards for those products.
This document is available at: https://
www1.eere.energy.gov/buildings/
appliance_standards/residential/pdfs/
bceps_frameworkdocument.pdf. DOE
also published a notice announcing the
availability of the framework document,
a public meeting to discuss the
proposed analytical framework, and
inviting written comments concerning
the development of standards for BCs
and EPSs. 74 FR 26816 (June 4, 2009).
DOE held a public meeting on July 16,
2009, to discuss the analyses and issues
identified in various sections of the
framework document. At the meeting,
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56023
DOE described the different analyses it
would conduct, the methods proposed
for conducting them, and the
relationships among the various
analyses. Manufacturers, trade
associations, environmental advocates,
regulators, and other interested parties
attended the meeting. Comments
received since publication of the
framework document have helped DOE
identify and resolve issues involved in
the preliminary analyses. Chapter 2 of
the preliminary TSD summarizes and
addresses the comments DOE received.
III. Summary of the Analyses
Performed by DOE
For each of the products currently
under consideration, DOE conducted indepth 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) analyses, and (5)
national impact analysis (NIA). The
preliminary TSD presents the
methodology and results of each of
these analyses. It is available at the Web
address given in the SUMMARY section of
this notice. The analyses are described
in more detail below.
DOE also conducted several other
analyses that either support the five
major analyses or are preliminary
analyses that will be expanded upon for
the NOPR. These analyses include the
market and technology assessment, the
screening analysis (which contributes to
the engineering analysis), and the
shipments analysis (which contributes
to the NIA). In addition to these
analyses, DOE has completed
preliminary work on the manufacturer
impact analysis (MIA) and identified the
methods to be used for the LCC
subgroup analysis, the environmental
assessment, the employment impact
analysis, the regulatory impact analysis,
and the utility impact analysis. DOE
will expand on these analyses in the
NOPR.
A. Engineering Analysis
The engineering analysis establishes
the relationship between the cost and
efficiency of a product DOE is
evaluating. This relationship serves as
the basis for cost-benefit calculations for
individual consumers, manufacturers,
and the nation. The engineering analysis
identifies representative baseline
products, which is the starting point for
analyzing technologies that provide
energy efficiency improvements.
Baseline product refers to a model or
models having features and technologies
typically found in products currently
offered for sale. The baseline model in
each product class represents the
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characteristics of the least efficient
products in that class and, for products
already subject to energy conservation
standards, usually is a model that just
meets the current standard. Chapter 5 of
the preliminary TSD discusses the
engineering analysis.
B. Markups To Determine Product
Prices
DOE derives consumer prices for
products from data on manufacturer
costs, manufacturer markups, retailer
markups, distributor markups, and sales
taxes. In deriving these markups, DOE
has determined (1) the distribution
channels for product sales; (2) the
markup associated with each party in
the distribution chain; and (3) the
existence and magnitude of differences
between markups for baseline products
(baseline markups) and for more
efficient products (incremental
markups). DOE calculates both overall
baseline and overall incremental
markups based on the product markups
at each step in the distribution chain.
The overall incremental markup relates
the change in the manufacturer sales
price of higher efficiency models (the
incremental cost increase) to the change
in the retailer or distributor sales price.
Chapter 6 of the preliminary TSD
discusses estimating markups.
srobinson on DSKHWCL6B1PROD with PROPOSALS
C. Energy Use Analysis
The energy use analysis provides
estimates of the annual energy
consumption of BCs and EPSs. DOE
uses these values in the LCC and PBP
analyses and in the NIA. DOE
developed energy consumption
estimates for each of the products
analyzed in the engineering analysis
and for those non-analyzed product
classes included in the NIA. Chapter 7
of the preliminary TSD discusses the
energy use analysis.
D. Life-Cycle Cost and Payback Period
Analyses
The LCC and PBP analyses determine
the economic impact of potential
standards on individual consumers. The
LCC is the total consumer expense for
a product over the life of the product.
The LCC analysis compares the LCCs of
products designed to meet possible
energy conservation standards with the
LCCs of the products likely to be
installed in the absence of standards.
DOE determines LCCs by considering
(1) total or incremental installed cost to
the purchaser (which consists of
manufacturer selling price, sales taxes,
distribution chain markups, and
installation cost); (2) the operating
expenses of the products (energy use
and maintenance); (3) product lifetime;
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and (4) a discount rate that reflects the
real consumer cost of capital and puts
the LCC in present-value terms. The
PBP is the number of years needed to
recover the increase in purchase price
(including installation cost) of more
efficient products through savings in the
operating cost of the product. It is the
quotient of the change in total installed
cost due to increased efficiency divided
by the change in annual operating cost
from increased efficiency. Chapter 8 of
the preliminary TSD discusses 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 new
standards at specific efficiency levels.
DOE calculated NES and NPV for each
candidate standard level as the
difference between a base case forecast
(without new standards) and the
standards case forecast (with standards
at that level). Cumulative energy savings
are the sum of the annual NES
determined over a specified time period.
The national NPV is the sum over time
of the discounted net savings each year,
which consists of the difference
between total operating cost savings and
increases in total installed costs. Critical
inputs to this analysis include
shipments projections, estimated
product lifetimes, and estimates of
changes in shipments in response to
changes in product costs due to
standards. Chapter 10 of the preliminary
TSD discusses the NIA.
DOE consulted with interested parties
as part of its process for conducting all
of the analyses and invites further input
from the public on these topics. The
preliminary analytical results are
subject to revision following review and
input from the public. The final rule
will contain the final analysis results.
The Department encourages those
who wish to participate in the public
meeting to obtain the preliminary TSD
and to be prepared to discuss its
contents. A copy of the preliminary TSD
is available at the Web address given in
the SUMMARY section of this notice.
However, public meeting participants
need not limit their comments to the
topics identified in the preliminary
TSD. The Department is also interested
in receiving views concerning other
relevant issues that participants believe
would affect energy conservation
standards for these products or that DOE
should address in the NOPR.
Furthermore, the Department invites
all interested parties, regardless of
whether they participate in the public
meeting, to submit in writing by October
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15, 2010, comments and information on
matters addressed in the preliminary
TSD and on other matters relevant to
consideration of standards for battery
chargers and external power supplies.
The public meeting will be conducted
in an informal, conference style. A court
reporter will be present to record the
minutes of the meeting. There shall be
no discussion of proprietary
information, costs or prices, market
shares, or other commercial matters
regulated by United States antitrust
laws.
After the public meeting and the
expiration of the period for submitting
written statements, the Department will
consider all comments and additional
information that is obtained from
interested parties or through further
analyses, and it will prepare a NOPR.
The NOPR will include proposed energy
conservation standards for the products
covered by this rulemaking, and
members of the public will be given an
opportunity to submit written and oral
comments on the proposed standards.
Issued in Washington, DC, on August 27,
2010.
Cathy Zoi,
Assistant Secretary, Energy Efficiency and
Renewable Energy.
[FR Doc. 2010–23012 Filed 9–14–10; 8:45 am]
BILLING CODE 6450–01–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 100
[Docket No. USCG–2010–0813]
RIN 1625–AA08
Special Local Regulations for Marine
Events, Wrightsville Channel;
Wrightsville Beach, NC
Coast Guard, DHS.
Notice of proposed rulemaking.
AGENCY:
ACTION:
The Coast Guard proposes
establishing Special Local Regulations
for the swim portions of ‘‘Beach 2
Battleship Full and Half Iron Distance
Triathlon’’, to be held on the waters of
Banks Channel, adjacent to Wrightsville
Beach, North Carolina. These Special
Local Regulations are necessary to
provide for the safety of life on
navigable waters during the event. This
action is intended to restrict vessel
traffic on Banks, Motts, and Wrightsville
Channels during the swimming portion
of this event.
SUMMARY:
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[Federal Register Volume 75, Number 178 (Wednesday, September 15, 2010)]
[Proposed Rules]
[Pages 56021-56024]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-23012]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF ENERGY
10 CFR Part 430
[Docket No. EERE-2008-BT-STD-0005]
RIN 1904-AB57
Energy Conservation Standards for Battery Chargers and External
Power Supplies: Public Meeting and Availability of the Preliminary
Technical Support Document
AGENCY: Office of Energy Efficiency and Renewable Energy, Department of
Energy.
ACTION: Notice of public meeting and availability of preliminary
technical support document.
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SUMMARY: The U.S. Department of Energy (DOE) will hold a public meeting
to discuss and receive comments on the following: the product classes
DOE plans to analyze for the purposes of amending energy conservation
standards for Class A external power supplies (EPSs) and establishing
energy conservation standards for battery chargers (BCs) and non-Class
A EPSs; the analytical framework, models, and tools DOE is using to
evaluate standards for these products; the results of preliminary
analyses performed by DOE for these products; and potential energy
conservation standard levels derived from these analyses that DOE could
consider for these products. DOE also encourages interested parties to
submit written comments on these subjects. To inform stakeholders and
facilitate the public meeting and comments process, DOE has prepared an
agenda, a preliminary technical support document (TSD), and briefing
materials, which are available at: https://www1.eere.energy.gov/buildings/appliance_standards/residential/battery_external.html.
DATES: The Department will hold a public meeting on Wednesday, October
13, 2010, from 9 a.m. to 5 p.m. in Washington, DC. Any person
requesting to speak at the public meeting should submit such request,
along with an electronic copy of the statement to be given at the
public meeting, before 4 p.m., Wednesday, September 29, 2010. Written
comments are welcome, especially following the public meeting, and
should be submitted by October 15, 2010.
ADDRESSES: The public meeting will be held at the U.S. Department of
Energy, Forrestal Building, Room 8E-089, 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 of this fact as soon as possible
by contacting Ms. Brenda Edwards at (202) 586-2945 so that the
necessary procedures can be completed.
Interested persons may submit comments, identified by docket number
EERE-2008-BT-STD-0005, by any of the following methods:
Federal eRulemaking Portal: https://www.regulations.gov.
Follow the instructions for submitting comments.
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E-mail: BC&EPS_ECS@ee.doe.gov. Include 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, Public Meeting for
Battery Chargers and External Power Supplies, EERE-2008-BT-STD-0005
and/or RIN 1904-AB57, 1000 Independence Avenue, SW., Washington, DC
20585-0121. Phone: (202) 586-2945. 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. Phone: (202) 586-2945. 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, a
copy of the transcript of the public meeting, or comments received, go
to the U.S. Department of Energy, 6th 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
at (202) 586-2945 for additional information regarding 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 Program, EE-2J, 1000 Independence Avenue, SW., Washington,
DC 20585-0121. Telephone: (202) 586-4549. E-mail:
Victor.Petrolati@ee.doe.gov.
In the Office of General Counsel, contact Ms. Francine Pinto or 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: Francine.Pinto@hq.doe.gov or
Michael.Kido@hq.doe.gov.
SUPPLEMENTARY INFORMATION:
Table of Contents
I. Statutory Authority
II. History of Standards Rulemaking for Battery Chargers and
External Power Supplies
A. Background
B. Current Rulemaking Process
III. Summary of the Analyses Performed by DOE
A. Engineering Analysis
B. Markups to Determine Product Prices
C. Energy Use Analysis
D. Life-Cycle Cost and Payback Period Analyses
E. National Impact Analysis
I. Statutory Authority
Title III of the Energy Policy and Conservation Act (42 U.S.C. 6291
et seq.; EPCA or the Act) sets forth a variety of provisions designed
to improve energy efficiency. Part A of Title III (42 U.S.C. 6291-6309)
establishes the ``Energy Conservation Program for Consumer Products
Other Than Automobiles,'' which covers consumer products and certain
commercial products (all of which are referred to below as ``covered
products''), including BCs and EPSs.
These provisions authorize the Department to establish energy
efficiency standards for certain consumer products. Any new or amended
standard for these products must (1) achieve the maximum improvement in
energy efficiency that is technologically feasible and economically
justified, and (2) result in significant conservation of energy. (42
U.S.C. 6295(o)(2)(A)) To determine whether a proposed standard is
economically justified, DOE must, after receiving comments on the
proposed standard, determine whether the benefits of the standard
exceed its burdens to the greatest extent practicable, considering the
following seven factors:
1. The economic impact of the standard on manufacturers and
consumers of 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 which are likely to result from the imposition of the
standard;
3. The total projected amount of energy savings likely to result
directly from the imposition of the standard;
4. Any lessening of the utility or the performance of the covered
products likely to result from the imposition of 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
imposition of the standard;
6. The need for national energy conservation; and
7. Other factors the Secretary [of Energy] considers relevant. (42
U.S.C. 6295(o)(2)(B)(i))
Prior to proposing a standard, DOE typically seeks public input on
the analytical framework, models, and tools that will be used to
evaluate standards; the results of preliminary analyses; and potential
energy conservation standard levels derived from these analyses. With
this notice DOE is announcing the availability of the preliminary
technical support document (preliminary TSD), which details the
preliminary analyses, discusses the comments on the framework document,
and summarizes the preliminary results. In addition, DOE is announcing
a public meeting to solicit feedback from interested parties on its
analytical framework, models, and preliminary results.
II. History of Standards Rulemaking for Battery Chargers and External
Power Supplies
The following sections provide a brief summary of the rulemaking
activities for battery charger and external power supply energy
conservation standards.
A. Background
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 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, 71365-75. That rule, which is
currently codified in multiple sections of the Code of Federal
Regulations (CFR), included definitions and test procedures for BCs and
EPSs. The test procedures for these products 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'').
DOE initiated the determination analysis rulemaking for BCs and
EPSs in 2006, which included a scoping workshop on January 24, 2007, at
DOE headquarters in Washington, DC 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.
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B. Current Rulemaking Process
Subsequent to the activities noted above, Congress enacted the
Energy Independence and Security Act of 2007 (EISA 2007), Public Law
110-140 (Dec. 19, 2007), which, among other things, amended sections
321, 323, and 325 of EPCA. As part of these amendments, EISA 2007
altered the external power supply definition. Under the definition
previously set by EPACT 2005, the statute defined 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 2007 amended that definition by creating a subset of external
power supplies called ``Class A External Power Supplies.'' The new
subset of products consisted of those EPSs that are ``able to convert
to only 1 AC or DC output voltage at a time'' and have ``nameplate
output power that is less than or equal to 250 watts.'' The definition
of Class A EPS excludes any device that ``requires Federal Food and
Drug Administration listing and approval as a medical device in
accordance with section 513 of the Federal Food, Drug, and Cosmetic Act
(21 U.S.C. 360c)'' or ``powers the charger of a detachable battery pack
or charges the battery of a product that is fully or primarily motor
operated.'' (42 U.S.C. 6291(36)(C)) Section 301 of EISA 2007 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 2007 amended section 325(u)(1)(E)
of EPCA by directing DOE to issue a final rule that prescribes energy
conservation standards for BCs or classes of BCs or to determine that
no energy conservation standard is technologically feasible and
economically justified. DOE is bundling this BC rulemaking proceeding
with the requirement to review and consider amending the energy
conservation standards for Class A EPSs, as both rulemakings must be
completed by July 1, 2011. The new rulemaking requirements contained in
sections 301 and 309 of EISA 2007 effectively superseded the prior
determination analysis that EPACT 2005 required DOE to conduct.
Section 309 of EISA 2007 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 2007's enactment. (42
U.S.C. 6295(u)(1)(E)(i)(I)) Because DOE cannot conduct a determination
analysis for a product for which standards have already been set, DOE
interpreted these sections jointly as a requirement to determine, in a
separate rulemaking, whether energy conservation standards are
warranted for EPSs outside of Class A (non-Class A EPSs). Non-Class A
EPSs include those with nameplate output power greater than 250 watts,
those able to convert to more than one AC or DC output voltage at the
same time, and those specifically excluded from coverage under the
Class A EPS definition in EISA 2007 by virtue of their application,
e.g., EPSs used with medical devices. DOE has determined that standards
are warranted for non-Class A EPSs. The determination was published in
the Federal Register on May 14, 2010. 75 FR 27170. Given the related
nature of such products, DOE included non-Class A EPSs within the
ongoing standards rulemaking.
Finally, section 310 of EISA 2007 established definitions for
active mode, standby mode, and off mode, and directed DOE to amend its
existing test procedures for BCs and EPSs to measure the energy
consumed in standby mode and off mode. (42 U.S.C. 6295(gg)(2)(B)(i))
Consequently, DOE published a final rule incorporating standby and off
mode measurement into the DOE test procedure. 74 FR 13318, 13334-13336
(March 27, 2009). DOE is now considering amending the test procedure
for BCs to include BC active mode. A notice of proposed rulemaking
(NOPR) was published in the Federal Register on April 2, 2010. 75 FR
16958.
To initiate the bundled BC and Class A EPS rulemaking, the
Department published on its website the Energy Conservation Standards
Rulemaking Framework Document for Battery Chargers and External Power
Supplies (the framework document). The framework document explains the
issues, analysis, and process DOE anticipates using to develop energy
efficiency standards for those products. This document is available at:
https://www1.eere.energy.gov/buildings/appliance_standards/residential/pdfs/bceps_frameworkdocument.pdf. DOE also published a
notice announcing the availability of the framework document, a public
meeting to discuss the proposed analytical framework, and inviting
written comments concerning the development of standards for BCs and
EPSs. 74 FR 26816 (June 4, 2009).
DOE held a public meeting on July 16, 2009, to discuss the analyses
and issues identified in various sections of the framework document. At
the meeting, DOE described the different analyses it would conduct, the
methods proposed for conducting them, and the relationships among the
various analyses. Manufacturers, trade associations, environmental
advocates, regulators, and other interested parties attended the
meeting. Comments received since publication of the framework document
have helped DOE identify and resolve issues involved in the preliminary
analyses. Chapter 2 of the preliminary TSD summarizes and addresses the
comments DOE received.
III. Summary of the Analyses Performed by DOE
For each of the products currently under consideration, 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) analyses, and (5)
national impact analysis (NIA). The preliminary TSD presents the
methodology and results of each of these analyses. It is available at
the Web address given in the SUMMARY section of this notice. The
analyses are described in more detail below.
DOE also conducted several other analyses that either support the
five major analyses or are preliminary analyses that will be expanded
upon for the NOPR. These analyses include the market and technology
assessment, the screening analysis (which contributes to the
engineering analysis), and the shipments analysis (which contributes to
the NIA). In addition to these analyses, DOE has completed preliminary
work on the manufacturer impact analysis (MIA) and identified the
methods to be used for the LCC subgroup analysis, the environmental
assessment, the employment impact analysis, the regulatory impact
analysis, and the utility impact analysis. DOE will expand on these
analyses in the NOPR.
A. Engineering Analysis
The engineering analysis establishes the relationship between the
cost and efficiency of a product DOE is evaluating. This relationship
serves as the basis for cost-benefit calculations for individual
consumers, manufacturers, and the nation. The engineering analysis
identifies representative baseline products, which is the starting
point for analyzing technologies that provide energy efficiency
improvements. Baseline product refers to a model or models having
features and technologies typically found in products currently offered
for sale. The baseline model in each product class represents the
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characteristics of the least efficient products in that class and, for
products already subject to energy conservation standards, usually is a
model that just meets the current standard. Chapter 5 of the
preliminary TSD discusses the engineering analysis.
B. Markups To Determine Product Prices
DOE derives consumer prices for products from data on manufacturer
costs, manufacturer markups, retailer markups, distributor markups, and
sales taxes. In deriving these markups, DOE has determined (1) the
distribution channels for product sales; (2) the markup associated with
each party in the distribution chain; and (3) the existence and
magnitude of differences between markups for baseline products
(baseline markups) and for more efficient products (incremental
markups). DOE calculates both overall baseline and overall incremental
markups based on the product markups at each step in the distribution
chain. The overall incremental markup relates the change in the
manufacturer sales price of higher efficiency models (the incremental
cost increase) to the change in the retailer or distributor sales
price. Chapter 6 of the preliminary TSD discusses estimating markups.
C. Energy Use Analysis
The energy use analysis provides estimates of the annual energy
consumption of BCs and EPSs. DOE uses these values in the LCC and PBP
analyses and in the NIA. DOE developed energy consumption estimates for
each of the products analyzed in the engineering analysis and for those
non-analyzed product classes included in the NIA. Chapter 7 of the
preliminary TSD discusses the energy use analysis.
D. Life-Cycle Cost and Payback Period Analyses
The LCC and PBP analyses determine the economic impact of potential
standards on individual consumers. The LCC is the total consumer
expense for a product over the life of the product. The LCC analysis
compares the LCCs of products designed to meet possible energy
conservation standards with the LCCs of the products likely to be
installed in the absence of standards. DOE determines LCCs by
considering (1) total or incremental installed cost to the purchaser
(which consists of manufacturer selling price, sales taxes,
distribution chain markups, and installation cost); (2) the operating
expenses of the products (energy use and maintenance); (3) product
lifetime; and (4) a discount rate that reflects the real consumer cost
of capital and puts the LCC in present-value terms. The PBP is the
number of years needed to recover the increase in purchase price
(including installation cost) of more efficient products through
savings in the operating cost of the product. It is the quotient of the
change in total installed cost due to increased efficiency divided by
the change in annual operating cost from increased efficiency. Chapter
8 of the preliminary TSD discusses 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 new standards at specific efficiency levels. DOE calculated
NES and NPV for each candidate standard level as the difference between
a base case forecast (without new standards) and the standards case
forecast (with standards at that level). Cumulative energy savings are
the sum of the annual NES determined over a specified time period. The
national NPV is the sum over time of the discounted net savings each
year, which consists of the difference between total operating cost
savings and increases in total installed costs. Critical inputs to this
analysis include shipments projections, estimated product lifetimes,
and estimates of changes in shipments in response to changes in product
costs due to standards. Chapter 10 of the preliminary TSD discusses the
NIA.
DOE consulted with interested parties as part of its process for
conducting all of the analyses and invites further input from the
public on these topics. The preliminary analytical results are subject
to revision following review and input from the public. The final rule
will contain the final analysis results.
The Department encourages those who wish to participate in the
public meeting to obtain the preliminary TSD and to be prepared to
discuss its contents. A copy of the preliminary TSD is available at the
Web address given in the SUMMARY section of this notice. However,
public meeting participants need not limit their comments to the topics
identified in the preliminary TSD. The Department is also interested in
receiving views concerning other relevant issues that participants
believe would affect energy conservation standards for these products
or that DOE should address in the NOPR.
Furthermore, the Department invites all interested parties,
regardless of whether they participate in the public meeting, to submit
in writing by October 15, 2010, comments and information on matters
addressed in the preliminary TSD and on other matters relevant to
consideration of standards for battery chargers and external power
supplies.
The public meeting will be conducted in an informal, conference
style. A court reporter will be present to record the minutes of the
meeting. There shall be no discussion of proprietary information, costs
or prices, market shares, or other commercial matters regulated by
United States antitrust laws.
After the public meeting and the expiration of the period for
submitting written statements, the Department will consider all
comments and additional information that is obtained from interested
parties or through further analyses, and it will prepare a NOPR. The
NOPR will include proposed energy conservation standards for the
products covered by this rulemaking, and members of the public will be
given an opportunity to submit written and oral comments on the
proposed standards.
Issued in Washington, DC, on August 27, 2010.
Cathy Zoi,
Assistant Secretary, Energy Efficiency and Renewable Energy.
[FR Doc. 2010-23012 Filed 9-14-10; 8:45 am]
BILLING CODE 6450-01-P
