Energy Conservation Program: Energy Conservation Standards for Room Air Conditioners, 36512-36517 [2020-12935]
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Proposed Rules
Federal Register
Vol. 85, No. 117
Wednesday, June 17, 2020
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.
DEPARTMENT OF ENERGY
10 CFR Part 430
[EERE–2014–BT–STD–0059]
RIN 1904–AD97
Energy Conservation Program: Energy
Conservation Standards for Room Air
Conditioners
Office of Energy Efficiency and
Renewable Energy, Department of
Energy.
ACTION: Notice of webinar and
availability of preliminary technical
support document.
AGENCY:
The U.S. Department of
Energy (DOE) will hold a webinar to
discuss and receive comments on the
preliminary analysis it has conducted
for purposes of evaluating energy
conservation standards for room air
conditioners (ACs). The webinar will
cover the analytical framework, models,
and tools that DOE is using to evaluate
potential standards for this product; the
results of preliminary analyses
performed by DOE for this product; the
potential energy conservation standard
levels derived from these analyses that
DOE could consider for this product
should it determine that proposed
amendments are necessary; and any
other issues relevant to the evaluation of
energy conservation standards for room
ACs. In addition, DOE encourages
written comments on these subjects. To
inform interested parties and to
facilitate this process, DOE has prepared
an agenda, a preliminary technical
support document (TSD), and briefing
materials, which are available on the
DOE website at: https://
www.regulations.gov/docket?D=EERE2014-BT-STD-0059.
DATES:
Meeting: DOE will hold a webinar on
Wednesday, August 5, 2020 from 10:00
a.m. to 3:00 p.m. See section IV, ‘‘Public
Participation,’’ for webinar registration
information, participant instructions,
and information about the capabilities
available to webinar participants. If no
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SUMMARY:
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participants register for the webinar,
then it will be cancelled.
Comments: Written comments and
information will be accepted on or
before, August 17, 2020.
ADDRESSES: Interested persons are
encouraged to submit comments using
the Federal eRulemaking Portal at
https://www.regulations.gov. Follow the
instructions for submitting comments.
Alternatively, interested persons may
submit comments, identified by docket
number EERE–2014–BT–STD–0059, by
any of the following methods:
1. Federal eRulemaking Portal: https://
www.regulations.gov. Follow the
instructions for submitting comments.
2. Email: RoomAC2014STD0059@
ee.doe.gov. Include the docket number
EERE–2014–BT–STD–0059 in the
subject line of the message.
3. 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.
4. 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 telefacsimilies (faxes) will be
accepted. For detailed instructions on
submitting comments and additional
information on this process, see section
IV of this document.
Docket: The docket for this activity,
which includes Federal Register
notices, comments, and other
supporting documents/materials, is
available for review at https://
www.regulations.gov. All documents in
the docket are listed in the https://
www.regulations.gov index. However,
some documents listed in the index,
such as those containing information
that is exempt from public disclosure,
may not be publicly available.
The docket web page can be found at
https://www.regulations.gov/
docket?D=EERE-2014-BT-STD-0059.
The docket web page contains
instructions on how to access all
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documents, including public comments
in the docket. See section IV for
information on how to submit
comments through https://
www.regulations.gov.
FOR FURTHER INFORMATION CONTACT:
Mr. Bryan Berringer, U.S. Department
of Energy, Office of Energy Efficiency
and Renewable Energy, Building
Technologies, EE–5B, 1000
Independence Avenue SW, Washington,
DC 20585–0121. Telephone: (202) 586–
0371. Email:
ApplianceStandardsQuestions@
ee.doe.gov.
Ms. Sarah Butler, U.S. Department of
Energy, Office of the General Counsel,
GC–33, 1000 Independence Avenue SW,
Washington, DC 20585–0121.
Telephone: (202) 586–1777. Email:
Sarah.Butler@hq.doe.gov.
For further information on how to
submit a comment, review other public
comments and the docket, or participate
in the webinar, 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. Authority
II. History of Energy Conservation Standards
Rulemaking for Room Air Conditioners
A. Background
B. Current Process
III. Summary of the Analyses Performed by
DOE
A. Engineering Analysis
B. Markups To Determine Prices
C. Energy Use Analysis
D. Life-Cycle Cost and Payback Period
Analyses
E. National Impact Analysis
F. Other Energy Conservation Standard
Topics
1. Market Failures
2. Emerging Smart Technology Market
3. Other Issues
IV. Public Participation
A. Participation in the Webinar
B. Submission of Comments
V. Approval of the Office of the Secretary
I. Authority
The Energy Policy and Conservation
Act of 1975, as amended (EPCA),1
among other things, authorizes DOE to
regulate the energy efficiency of a
1 All references to EPCA in this document refer
to the statute as amended through America’s Water
Infrastructure Act of 2018, Public Law 115–270
(October 23, 2018).
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number of consumer products and
certain industrial equipment. (42 U.S.C.
6291–6317) Title III, Part B 2 of EPCA
established the Energy Conservation
Program for Consumer Products Other
Than Automobiles. These products
include room ACs, the subject of this
document. (42 U.S.C. 6292(a)(2)) EPCA
prescribed energy conservation
standards for these products, and
directed DOE to conduct two cycles of
rulemakings to determine whether to
amend these standards. (42 U.S.C.
6295(c)(1)–(2)) 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 notice of determination that
standards for the product do not need to
be amended, or a notice of proposed
rulemaking (NOPR) including new
proposed energy conservation standards
(proceeding to a final rule, as
appropriate). (42 U.S.C. 6295(m)(1))
The energy conservation program
under EPCA consists essentially of four
parts: (1) Testing, (2) labeling, (3)
Federal energy conservation standards,
and (4) certification and enforcement
procedures. Relevant provisions of
EPCA specifically include definitions
(42 U.S.C. 6291), test procedures (42
U.S.C. 6293), labeling provisions (42
U.S.C. 6294), energy conservation
standards (42 U.S.C. 6295), and the
authority to require information and
reports from manufacturers (42 U.S.C.
6296).
Federal energy efficiency
requirements for covered products
established under EPCA generally
supersede State laws and regulations
concerning energy conservation testing,
labeling, and standards. (42 U.S.C.
6297(a)–(c)) DOE may, however, grant
waivers of Federal preemption in
limited instances for particular State
laws or regulations, in accordance with
the procedures and other provisions set
forth under 42 U.S.C. 6297(d).
Subject to certain criteria and
conditions, DOE is required to develop
test procedures to measure the energy
efficiency, energy use, or estimated
annual operating cost of each covered
product. (42 U.S.C. 6295(o)(3)(A) and
(r)) Manufacturers of covered products
must use the prescribed DOE test
procedure as the basis for certifying to
DOE that their products comply with
the applicable energy conservation
standards adopted under EPCA and
when making representations to the
public regarding the energy use or
efficiency of those products. (42 U.S.C.
6293(c) and 42 U.S.C. 6295(s))
Similarly, DOE must use these test
procedures to determine whether the
products comply with standards
adopted pursuant to EPCA. (42 U.S.C.
6295(s)) The DOE test procedures for
room ACs appear at Title 10 of the Code
of Federal Regulations (CFR) part 430,
subpart B, appendix F.
DOE must follow specific statutory
criteria for prescribing new or amended
standards for covered products,
including room ACs. EPCA requires that
any new or amended energy
conservation standard be designed to
achieve the maximum improvement in
energy or water efficiency that is
technologically feasible and
economically justified. (42 U.S.C.
6295(o)(2)(A)) Furthermore, DOE may
not adopt any standard that would not
result in the significant conservation of
energy. (42 U.S.C. 6295(o)(3)) Moreover,
DOE may not prescribe a standard: (1)
For certain products, including room
ACs, if no test procedure has been
established for the product, or (2) if DOE
determines by rule that the standard is
not technologically feasible or
economically justified. (42 U.S.C.
6295(o)(3)(A)–(B)) In deciding whether a
proposed standard is economically
justified, DOE must determine whether
the benefits of the standard exceed its
burdens. (42 U.S.C. 6295(o)(2)(B)(i))
DOE must make this determination after
receiving comments on the proposed
standard, and by considering, to the
greatest extent practicable, the following
seven statutory 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.
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 .......................................................................
Technological Feasibility ..........................................................................
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Economic Justification:
1. Economic impact on manufacturers and consumers ...................
2. Lifetime operating cost savings compared to increased cost for
the product.
3. Total projected energy savings .....................................................
•
•
•
•
•
•
Shipments Analysis.
National Impact Analysis.
Energy Use Determination.
Market and Technology Assessment.
Screening Analysis.
Engineering Analysis.
•
•
•
•
•
•
•
•
•
Manufacturer Impact Analysis.
Life-Cycle Cost and Payback Period Analysis.
Life-Cycle Cost Subgroup Analysis.
Shipments Analysis.
Markups for Product Price Determination.
Energy Use Determination.
Life-Cycle Cost and Payback Period Analysis.
Shipments Analysis.
National Impact Analysis.
2 For editorial reasons, upon codification in the
U.S. Code, Part B was redesignated Part A.
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TABLE I.1—EPCA REQUIREMENTS AND CORRESPONDING DOE ANALYSIS—Continued
EPCA requirement
Corresponding DOE analysis
4. Impact on utility or performance ...................................................
5. Impact of any lessening of competition ........................................
6. Need for national energy and water conservation ........................
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7. Other factors the Secretary considers relevant ............................
Further, EPCA establishes a rebuttable
presumption that a standard is
economically justified if the Secretary
finds that the additional cost to the
consumer of purchasing a product
complying with an energy conservation
standard level will be less than three
times the value of the energy savings
during the first year that the consumer
will receive as a result of the standard,
as calculated under the applicable test
procedure. (42 U.S.C. 6295(o)(2)(B)(iii))
EPCA also contains what is known as
an ‘‘anti-backsliding’’ provision, which
prevents the Secretary from prescribing
any amended standard that either
increases the maximum allowable
energy use or decreases the minimum
required energy efficiency of a covered
product. (42 U.S.C. 6295(o)(1)) Also, the
Secretary may not prescribe an amended
or new standard if interested persons
have established by a preponderance of
the evidence that the standard is likely
to result in the unavailability in the
United States in any covered product
type (or class) of performance
characteristics (including reliability),
features, sizes, capacities, and volumes
that are substantially the same as those
generally available in the United States.
(42 U.S.C. 6295(o)(4))
Additionally, EPCA specifies
requirements when promulgating an
energy conservation standard for a
covered product that has two or more
subcategories. DOE must specify a
different standard level for a type or
class of product that has the same
function or intended use, if DOE
determines that products within such
group: (A) Consume a different kind of
energy from that consumed by other
covered products within such type (or
class); or (B) have a capacity or other
performance-related feature which other
products within such type (or class) do
not have and such feature justifies a
higher or lower standard. (42 U.S.C.
6295(q)(1)) In determining whether a
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•
•
•
•
•
•
•
•
•
•
Screening Analysis.
Engineering Analysis.
Manufacturer Impact Analysis.
Shipments Analysis.
National Impact Analysis.
Employment Impact Analysis.
Utility Impact Analysis.
Emissions Analysis.
Monetization of Emission Reductions Benefits.
Regulatory Impact Analysis.
performance-related feature justifies a
different standard for a group of
products, DOE must consider such
factors as the utility to the consumer of
the feature and other factors DOE deems
appropriate. Id. Any rule prescribing
such a standard must include an
explanation of the basis on which such
higher or lower level was established.
(42 U.S.C. 6295(q)(2))
Finally, pursuant to the amendments
contained in the Energy Independence
and Security Act of 2007 (EISA 2007),
Public Law 110–140, any final rule for
new or amended energy conservation
standards promulgated after July 1,
2010, is required to address standby
mode and off mode energy use. (42
U.S.C. 6295(gg)(3)) Specifically, when
DOE adopts a standard for a covered
product after that date, it must, if
justified by the criteria for adoption of
standards under EPCA (42 U.S.C.
6295(o)), incorporate standby mode and
off mode energy use into a single
standard, or, if that is not feasible, adopt
a separate standard for such energy use
for that product. (42 U.S.C.
6295(gg)(3)(A)–(B)) DOE’s current test
procedures for room ACs address
standby mode and off mode energy use.
In this rulemaking, DOE intends to
incorporate such energy use into any
amended energy conservation standards
it adopts in the final rule.
Before proposing a standard, DOE
typically seeks public input on the
analytical framework, models, and tools
that DOE intends to use to evaluate
standards for the product at issue and
the results of preliminary analyses DOE
performed for the product.
DOE is examining whether to amend
the current standards pursuant to its
obligations under EPCA. This notice
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
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announcing a webinar to solicit
feedback from interested parties on its
analytical framework, models, and
preliminary results.
II. History of Energy Conservation
Standards Rulemaking for Room Air
Conditioners
A. Background
As described in section I of this
notice, EPCA prescribed energy
conservation standards for room air
conditioners. (42 U.S.C. 6295(c)(1)–(2))
Further, EPCA directed DOE to conduct
two cycles of rulemakings to determine
whether to amend these standards. (42
U.S.C. 6295(c)(1)–(2)) DOE completed
the first of these rulemaking cycles in
September 24, 1997 (hereinafter the
‘‘September 1997 Final Rule’’) by
adopting amended performance
standards for room ACs manufactured
on or after October 1, 2000. 62 FR
50122. Additionally, DOE completed a
second rulemaking cycle to amend the
standards for room ACs by issuing a
direct final rule published on April 21,
2011 (hereinafter the ‘‘April 2011 Direct
Final Rule’’), in which DOE prescribed
the current energy conservation
standards for room ACs manufactured
on or after April 21, 2014. 76 FR 22454.
DOE subsequently published a final rule
amending the compliance date for
current room AC standards to June 1,
2014. 76 FR 52852 (Aug. 24, 2011). In
a separate notice, also published on
August 24, 2011, DOE confirmed the
adoption of these energy conservation
standards in a notice of effective date
and compliance dates for the April 2011
Direct Final Rule. 76 FR 52854. These
standards, based on the combined
energy efficiency ratio (CEER),
expressed in British thermal units per
watt-hour (Btu/Wh), are set forth in
DOE’s regulations at 10 CFR 430.32(b)
and are repeated in Table II.1.
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TABLE II.1—CURRENT ROOM AIR CONDITIONER ENERGY CONSERVATION STANDARDS
Minimum
CEER
(Btu/Wh)
Room AC product class
1. Without reverse cycle, with louvered sides, and less than 6,000 Btu/h ...............................................................................................
2. Without reverse cycle, with louvered sides and 6,000 to 7,999 Btu/h .................................................................................................
3. Without reverse cycle, with louvered sides and 8,000 to 13,999 Btu/h ...............................................................................................
4. Without reverse cycle, with louvered sides and 14,000 to 19,999 Btu/h .............................................................................................
5a. Without reverse cycle, with louvered sides and 20,000 Btu/h to 28,000 Btu/h ..................................................................................
5b. Without reverse cycle, with louvered sides and 28,000 Btu/h or more ..............................................................................................
6. Without reverse cycle, without louvered sides, and less than 6,000 Btu/h ..........................................................................................
7. Without reverse cycle, without louvered sides and 6,000 to 7,999 Btu/h ............................................................................................
8a. Without reverse cycle, without louvered sides and 8,000 to 10,999 Btu/h ........................................................................................
8b. Without reverse cycle, without louvered sides and 11,000 to 13,999 Btu/h ......................................................................................
9. Without reverse cycle, without louvered sides and 14,000 to 19,999 Btu/h ........................................................................................
10. Without reverse cycle, without louvered sides and 20,000 Btu/h or more .........................................................................................
11. With reverse cycle, with louvered sides, and less than 20,000 Btu/h ................................................................................................
12. With reverse cycle, with louvered sides, and 20,000 Btu/h or more ..................................................................................................
13. With reverse cycle, without louvered sides, and less than 14,000 Btu/h ...........................................................................................
14. With reverse cycle, without louvered sides, and 14,000 Btu/h or more .............................................................................................
15. Casement-Only ....................................................................................................................................................................................
16. Casement-Slider ..................................................................................................................................................................................
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B. Current Process
As part of the current analysis, on
June 18, 2015, DOE prepared a Request
for Information (hereinafter the ‘‘June
2015 RFI’’), which solicited information
from the public to help DOE determine
whether amended standards for room
ACs would result in a significant
amount of additional energy savings and
whether those standards would be
technologically feasible and
economically justified. DOE also
identified a variety of questions to aid
in the development of the technical and
economic analyses regarding whether
new standards for room ACs may be
warranted. In addition, DOE welcomed
comments on other issues relevant to
the conduct of the rulemaking that may
not have been specifically identified in
the June 2015 RFI. 80 FR 34843. The
June 2015 RFI is available at: https://
www.regulations.gov/docket?D=EERE2014-BT-STD-0059.
This preliminary analysis is part of
the mandatory review process imposed
by EPCA and further seeks input from
the public to assist DOE with its
determination on whether amended
standards pertaining to room ACs are
warranted.
Comments received to date as part of
the current process have helped DOE
identify and resolve issues related to the
preliminary analyses. Chapter 2 of the
preliminary TSD summarizes and
addresses the comments received.
III. Summary of the Analyses
Performed by DOE
For the products covered in this
preliminary analysis, DOE conducted
in-depth technical analyses in the
following areas: (1) Engineering; (2)
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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
https://www.regulations.gov/
docket?D=EERE-2014-BT-STD-0059.
DOE also conducted, and has
included in the preliminary TSD,
several other analyses that support the
major analyses or are preliminary
analyses that will be expanded if DOE
determines that a NOPR is warranted to
propose amended energy conservation
standards. These analyses include: (1)
The market and technology assessment;
(2) the screening analysis, which
contributes to the engineering analysis;
and (3) the shipments analysis, which
contributes to the LCC and PBP analysis
and National Impact Analysis (NIA). In
addition to these analyses, DOE has
begun preliminary work on the
manufacturer impact analysis (MIA) and
has identified the methods to be used
for the consumer subgroup analysis, the
emissions analysis, the employment
impact analysis, the regulatory impact
analysis, and the utility impact analysis.
DOE will expand on these analyses in
the NOPR should one be issued.
A. Engineering Analysis
The engineering analysis establishes
the relationship between the cost and
efficiency levels of the product that DOE
is evaluating as potential energy
conservation standards. This
relationship serves as the basis for costbenefit calculations for individual
consumers, manufacturers, and the
Nation. The engineering analysis
identifies representative baseline
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9.5
9.3
9.4
9.8
9.3
9.3
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9.5
10.4
products for each product class, which
is the starting point for analyzing
technologies that provide energy
efficiency improvements. ‘‘Baseline
products’’ refers to a model or models
having features and technologies
typically found in minimally-efficient
products currently available on the
market and, for products already subject
to energy conservation standards, a
model that just meets the current
standard. The engineering analysis also
identifies higher efficiency levels above
the baseline level, based on the range of
products currently available on the
market. After identifying the baseline
and higher-efficiency levels, DOE
estimates manufacturer selling prices by
using a consistent methodology and
pricing scheme that includes material
costs and manufacturer markups.
Chapter 5 of the preliminary TSD
discusses the engineering analysis.
B. Markups To Determine Prices
DOE derives customer prices based on
manufacturer markups, retailer
markups, distributor markups,
contractor markups (where appropriate),
and sales taxes. In deriving these
markups, DOE determines the major
distribution channels for product sales,
the markup associated with each party
in each distribution channel, and the
existence and magnitude of differences
between markups for baseline products
(baseline markups) and higherefficiency products (incremental
markups). DOE calculates both overall
baseline and overall incremental
markups based on the markups at each
step in each distribution channel.
Chapter 6 of the preliminary TSD
addresses the markups analysis.
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C. Energy Use Analysis
The energy use analysis provides
estimates of the annual energy
consumption of room ACs. The energy
use analysis seeks to estimate the range
of energy consumption of the products
that meet each of the efficiency levels
evaluated as they are used in the field.
DOE uses these values in the LCC and
PBP analyses and in the NIA. Chapter 7
of the preliminary TSD addresses 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 cost of purchasing,
installing and operating a considered
product over the course of its lifetime.
The LCC analysis compares the LCCs of
products designed to meet possible
energy conservation standards with the
LCC of the product likely to be installed
in the absence of standards. DOE
determines LCCs by considering: (1)
Total installed cost to the purchaser
(which consists of manufacturer selling
price, distribution chain markups, sales
taxes, and installation cost); (2) the
operating cost of the product (energy
cost, water and wastewater cost in some
cases, and maintenance and repair cost);
(3) product lifetime; and (4) a discount
rate that reflects the real consumer cost
of capital and puts the LCC in presentvalue terms. The PBP represents the
number of years needed to recover the
increase in purchase price (including
installation cost) of higher-efficiency
products through savings in the
operating cost of the product. PBP is
calculated by dividing the incremental
increase in installed cost of the higher
efficiency product, compared to the
baseline product, by the annual savings
in operating costs. Chapter 8 of the
preliminary TSD addresses the LCC and
PBP analyses.
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E. National Impact Analysis
The NIA estimates the national energy
savings (NES) and the net present value
(NPV) of total consumer costs and
savings expected to result from
amended standards at specific efficiency
levels (referred to as candidate standard
levels). DOE calculated NES and NPV
for each candidate standard level for
room ACs as the difference between a
base-case forecast (without amended
standards) and the standards-case
forecast (with standards). Cumulative
energy savings are the sum of the annual
NES determined for the lifetime of the
products shipped from 2026 to 2055.
The NPV is the sum over time of the
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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,
product installed costs and operating
costs, product annual energy
consumption, the base case efficiency
projection, and discount rates. Chapter
9 of the preliminary TSD addresses the
Shipments Analysis and Chapter 10 of
the preliminary TSD addresses the NIA.
F. Other Energy Conservation Standard
Topics
1. Market Failures
In the field of economics, a market
failure is a situation in which the
market outcome does not maximize
societal welfare. Such an outcome
would result in unrealized potential
welfare. DOE welcomes comment on
any aspect of market failures, especially
those in the context of amended energy
conservation standards for room ACs.
2. Emerging Smart Technology Market
DOE published an RFI on the
emerging smart technology appliance
and equipment market. 83 FR 46886
(Sept. 17, 2018). In that RFI, DOE sought
information to better understand market
trends and issues in the emerging
market for appliances and commercial
equipment that incorporate smart
technology. DOE’s intent in issuing the
RFI was to ensure that DOE did not
inadvertently impede such innovation
in fulfilling its statutory obligations in
setting efficiency standards for covered
products and equipment. DOE seeks
comments, data and information on the
issues presented in the RFI as they may
be applicable to room ACs.
3. Other Issues
In addition to the issues identified
earlier in this document, DOE welcomes
comment on any other aspect of energy
conservation standards for room ACs
not already addressed by the specific
areas identified in this document. In
particular, DOE notes that under
Executive Order 13771, ‘‘Reducing
Regulation and Controlling Regulatory
Costs,’’ Executive Branch agencies such
as DOE are directed to manage the costs
associated with the imposition of
expenditures required to comply with
Federal regulations. See 82 FR 9339
(Feb. 3, 2017). Consistent with that
Executive Order, DOE encourages the
public to provide input on measures
DOE could take to lower the cost of its
energy conservation standards
rulemakings, recordkeeping and
reporting requirements, and compliance
PO 00000
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Fmt 4702
Sfmt 4702
and certification requirements
applicable to room ACs while remaining
consistent with the requirements of
EPCA.
IV. Public Participation
DOE invites public participation in
this process through participation in the
webinar and submission of written
comments and information. After the
webinar and the closing of the comment
period, DOE will consider all timelysubmitted comments and additional
information obtained from interested
parties, as well as information obtained
through further analyses. Following
such consideration, the Department will
publish either a determination that the
standards for room ACs need not be
amended or a NOPR proposing to
amend those standards. The NOPR,
should one be issued, would include
proposed energy conservation standards
for the products covered by that
rulemaking, and members of the public
would be given an opportunity to
submit written and oral comments on
the proposed standards.
A. Participation in the Webinar
The time and date of the webinar are
listed in the DATES section at the
beginning of this document. If no
participants register for the webinar,
then it will be cancelled.
Webinar registration information,
participant instructions, and
information about the capabilities
available to webinar participants will be
published on DOE’s website: https://
cms.doe.gov/eere/buildings/publicmeetings-and-comment-deadlines.
Participants are responsible for ensuring
their systems are compatible with the
webinar software.
DOE encourages those who wish to
participate in the webinar to obtain the
preliminary TSD from DOE’s website
and to be prepared to discuss its
contents. Once again, a copy of the
preliminary TSD is available at: https://
www.regulations.gov/docket?D=EERE2014-BT-STD-0059. However, webinar
participants need not limit their
comments to the topics identified in the
preliminary TSD; DOE is also interested
in receiving views concerning other
relevant issues that participants believe
would affect energy conservation
standards for this product or that DOE
should address in a NOPR should one
be issued.
B. Submission of Comments
DOE will accept comments, data, and
information regarding this notice before
or after the webinar, but no later than
the date provided in the DATES section
at the beginning of this notice.
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khammond on DSKJM1Z7X2PROD with PROPOSALS
Federal Register / Vol. 85, No. 117 / Wednesday, June 17, 2020 / Proposed Rules
Interested parties may submit comments
using any of the methods described in
the ADDRESSES section at the beginning
of this notice.
Submitting comments via https://
www.regulations.gov. The https://
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.
Otherwise, 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 https://
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 https://
www.regulations.gov cannot be claimed
as CBI. Comments received through the
website will waive any CBI claims for
the information submitted. For
information on submitting CBI, see the
Confidential Business Information
section.
DOE processes submissions made
through https://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 https://
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
VerDate Sep<11>2014
16:14 Jun 16, 2020
Jkt 250001
postal mail also will be posted to https://
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
telefacsimiles (faxes) will be accepted.
Comments, data, and other
information submitted to DOE
electronically should be provided in
PDF (preferred), Microsoft Word or
Excel, WordPerfect, or text (ASCII) file
format. Provide documents that are not
secured, that are written in English, and
that are free of any defects or viruses.
Documents should not contain special
characters or any form of encryption
and, if possible, they should carry the
electronic signature of the author.
Campaign form letters. Please submit
campaign form letters by the originating
organization in batches of between 50 to
500 form letters per PDF or as one form
letter with a list of supporters’ names
compiled into one or more PDFs. This
reduces comment processing and
posting time.
Confidential Business Information.
Pursuant to 10 CFR 1004.11, any person
submitting information that he or she
believes to be confidential and exempt
by law from public disclosure should
submit via email, postal mail, or hand
delivery/courier 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.
Submit these documents via email to
RoomAC2014STD0059@ee.doe.gov or
on a CD, if feasible. 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).
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36517
V. Approval of the Office of the
Secretary
The Secretary of Energy has approved
publication of this notice of availability.
Signing Authority
This document of the Department of
Energy was signed on June 5, 2020, by
Alexander N. Fitzsimmons, Deputy
Assistant Secretary for Energy
Efficiency, 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 11,
2020.
Treena V. Garrett,
Federal Register Liaison Officer, U.S.
Department of Energy.
[FR Doc. 2020–12935 Filed 6–16–20; 8:45 am]
BILLING CODE 6450–01–P
DEPARTMENT OF ENERGY
10 CFR Part 431
[EERE–2019–BT–STD–0042]
RIN 1904–AE59
Energy Conservation Program: Energy
Conservation Standards for Air-Cooled
Commercial Package Air Conditioning
and Heating Equipment and
Commercial Warm Air Furnaces
Office of Energy Efficiency and
Renewable Energy, Department of
Energy.
ACTION: Request for information;
reopening of the public comment
period.
AGENCY:
On May 12, 2020, the U.S.
Department of Energy (DOE) published
a request for information (RFI)
pertaining to the energy conservation
standards for air-cooled commercial
package air conditioning and heating
equipment (ACUACs and ACUHPs) and
commercial warm air furnaces (CWAFs).
The RFI provided an opportunity for
submission of written comments, data,
and information to the Department by
June 11, 2020. Prior to the end of the
comment period for the RFI, DOE
SUMMARY:
E:\FR\FM\17JNP1.SGM
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]]>Agencies
[Federal Register Volume 85, Number 117 (Wednesday, June 17, 2020)]
[Proposed Rules]
[Pages 36512-36517]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-12935]
========================================================================
Proposed Rules
Federal Register
________________________________________________________________________
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.
========================================================================
Federal Register / Vol. 85, No. 117 / Wednesday, June 17, 2020 /
Proposed Rules
[[Page 36512]]
DEPARTMENT OF ENERGY
10 CFR Part 430
[EERE-2014-BT-STD-0059]
RIN 1904-AD97
Energy Conservation Program: Energy Conservation Standards for
Room Air Conditioners
AGENCY: Office of Energy Efficiency and Renewable Energy, Department of
Energy.
ACTION: Notice of webinar and availability of preliminary technical
support document.
-----------------------------------------------------------------------
SUMMARY: The U.S. Department of Energy (DOE) will hold a webinar to
discuss and receive comments on the preliminary analysis it has
conducted for purposes of evaluating energy conservation standards for
room air conditioners (ACs). The webinar will cover the analytical
framework, models, and tools that DOE is using to evaluate potential
standards for this product; the results of preliminary analyses
performed by DOE for this product; the potential energy conservation
standard levels derived from these analyses that DOE could consider for
this product should it determine that proposed amendments are
necessary; and any other issues relevant to the evaluation of energy
conservation standards for room ACs. In addition, DOE encourages
written comments on these subjects. To inform interested parties and to
facilitate this process, DOE has prepared an agenda, a preliminary
technical support document (TSD), and briefing materials, which are
available on the DOE website at: https://www.regulations.gov/docket?D=EERE-2014-BT-STD-0059.
DATES:
Meeting: DOE will hold a webinar on Wednesday, August 5, 2020 from
10:00 a.m. to 3:00 p.m. See section IV, ``Public Participation,'' for
webinar registration information, participant instructions, and
information about the capabilities available to webinar participants.
If no participants register for the webinar, then it will be cancelled.
Comments: Written comments and information will be accepted on or
before, August 17, 2020.
ADDRESSES: Interested persons are encouraged to submit comments using
the Federal eRulemaking Portal at https://www.regulations.gov. Follow
the instructions for submitting comments. Alternatively, interested
persons may submit comments, identified by docket number EERE-2014-BT-
STD-0059, by any of the following methods:
1. Federal eRulemaking Portal: https://www.regulations.gov. Follow
the instructions for submitting comments.
2. Email: [email protected]. Include the docket number
EERE-2014-BT-STD-0059 in the subject line of the message.
3. 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.
4. 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 telefacsimilies (faxes) will be accepted. For detailed
instructions on submitting comments and additional information on this
process, see section IV of this document.
Docket: The docket for this activity, which includes Federal
Register notices, comments, and other supporting documents/materials,
is available for review at https://www.regulations.gov. All documents in
the docket are listed in the https://www.regulations.gov index. However,
some documents listed in the index, such as those containing
information that is exempt from public disclosure, may not be publicly
available.
The docket web page can be found at https://www.regulations.gov/docket?D=EERE-2014-BT-STD-0059. 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 https://www.regulations.gov.
FOR FURTHER INFORMATION CONTACT:
Mr. Bryan Berringer, U.S. Department of Energy, Office of Energy
Efficiency and Renewable Energy, Building Technologies, EE-5B, 1000
Independence Avenue SW, Washington, DC 20585-0121. Telephone: (202)
586-0371. Email: [email protected].
Ms. Sarah Butler, U.S. Department of Energy, Office of the General
Counsel, GC-33, 1000 Independence Avenue SW, Washington, DC 20585-0121.
Telephone: (202) 586-1777. Email: [email protected].
For further information on how to submit a comment, review other
public comments and the docket, or participate in the webinar, contact
the Appliance and Equipment Standards Program staff at (202) 287-1445
or by email: [email protected].
SUPPLEMENTARY INFORMATION:
Table of Contents
I. Authority
II. History of Energy Conservation Standards Rulemaking for Room Air
Conditioners
A. Background
B. Current Process
III. Summary of the Analyses Performed by DOE
A. Engineering Analysis
B. Markups To Determine Prices
C. Energy Use Analysis
D. Life-Cycle Cost and Payback Period Analyses
E. National Impact Analysis
F. Other Energy Conservation Standard Topics
1. Market Failures
2. Emerging Smart Technology Market
3. Other Issues
IV. Public Participation
A. Participation in the Webinar
B. Submission of Comments
V. Approval of the Office of the Secretary
I. Authority
The Energy Policy and Conservation Act of 1975, as amended
(EPCA),\1\ among other things, authorizes DOE to regulate the energy
efficiency of a
[[Page 36513]]
number of consumer products and certain industrial equipment. (42
U.S.C. 6291-6317) Title III, Part B \2\ of EPCA established the Energy
Conservation Program for Consumer Products Other Than Automobiles.
These products include room ACs, the subject of this document. (42
U.S.C. 6292(a)(2)) EPCA prescribed energy conservation standards for
these products, and directed DOE to conduct two cycles of rulemakings
to determine whether to amend these standards. (42 U.S.C. 6295(c)(1)-
(2)) 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 notice of determination that standards for the
product do not need to be amended, or a notice of proposed rulemaking
(NOPR) including new proposed energy conservation standards (proceeding
to a final rule, as appropriate). (42 U.S.C. 6295(m)(1))
---------------------------------------------------------------------------
\1\ All references to EPCA in this document refer to the statute
as amended through America's Water Infrastructure Act of 2018,
Public Law 115-270 (October 23, 2018).
\2\ For editorial reasons, upon codification in the U.S. Code,
Part B was redesignated Part A.
---------------------------------------------------------------------------
The energy conservation program under EPCA consists essentially of
four parts: (1) Testing, (2) labeling, (3) Federal energy conservation
standards, and (4) certification and enforcement procedures. Relevant
provisions of EPCA specifically include definitions (42 U.S.C. 6291),
test procedures (42 U.S.C. 6293), labeling provisions (42 U.S.C. 6294),
energy conservation standards (42 U.S.C. 6295), and the authority to
require information and reports from manufacturers (42 U.S.C. 6296).
Federal energy efficiency requirements for covered products
established under EPCA generally supersede State laws and regulations
concerning energy conservation testing, labeling, and standards. (42
U.S.C. 6297(a)-(c)) DOE may, however, grant waivers of Federal
preemption in limited instances for particular State laws or
regulations, in accordance with the procedures and other provisions set
forth under 42 U.S.C. 6297(d).
Subject to certain criteria and conditions, DOE is required to
develop test procedures to measure the energy efficiency, energy use,
or estimated annual operating cost of each covered product. (42 U.S.C.
6295(o)(3)(A) and (r)) Manufacturers of covered products must use the
prescribed DOE test procedure as the basis for certifying to DOE that
their products comply with the applicable energy conservation standards
adopted under EPCA and when making representations to the public
regarding the energy use or efficiency of those products. (42 U.S.C.
6293(c) and 42 U.S.C. 6295(s)) Similarly, DOE must use these test
procedures to determine whether the products comply with standards
adopted pursuant to EPCA. (42 U.S.C. 6295(s)) The DOE test procedures
for room ACs appear at Title 10 of the Code of Federal Regulations
(CFR) part 430, subpart B, appendix F.
DOE must follow specific statutory criteria for prescribing new or
amended standards for covered products, including room ACs. EPCA
requires that any new or amended energy conservation standard be
designed to achieve the maximum improvement in energy or water
efficiency that is technologically feasible and economically justified.
(42 U.S.C. 6295(o)(2)(A)) Furthermore, DOE may not adopt any standard
that would not result in the significant conservation of energy. (42
U.S.C. 6295(o)(3)) Moreover, DOE may not prescribe a standard: (1) For
certain products, including room ACs, if no test procedure has been
established for the product, or (2) if DOE determines by rule that the
standard is not technologically feasible or economically justified. (42
U.S.C. 6295(o)(3)(A)-(B)) In deciding whether a proposed standard is
economically justified, DOE must determine whether the benefits of the
standard exceed its burdens. (42 U.S.C. 6295(o)(2)(B)(i)) DOE must make
this determination after receiving comments on the proposed standard,
and by considering, to the greatest extent practicable, the following
seven statutory 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. 6295(o)(2)(B)(i)(I)-(VII))
DOE fulfills these and other applicable requirements by conducting
a series of analyses throughout the rulemaking process. Table I.1 shows
the individual analyses that are performed to satisfy each of the
requirements within EPCA.
Table I.1--EPCA Requirements and Corresponding DOE Analysis
------------------------------------------------------------------------
EPCA requirement Corresponding DOE analysis
------------------------------------------------------------------------
Significant Energy Savings............. Shipments Analysis.
National Impact
Analysis.
Energy Use
Determination.
Technological Feasibility.............. Market and Technology
Assessment.
Screening Analysis.
Engineering Analysis.
Economic Justification:
1. Economic impact on manufacturers Manufacturer Impact
and consumers. Analysis.
Life-Cycle Cost and
Payback Period Analysis.
Life-Cycle Cost
Subgroup Analysis.
Shipments Analysis.
2. Lifetime operating cost savings Markups for Product
compared to increased cost for the Price Determination.
product. Energy Use
Determination.
Life-Cycle Cost and
Payback Period Analysis.
3. Total projected energy savings.. Shipments Analysis.
National Impact
Analysis.
[[Page 36514]]
4. Impact on utility or performance Screening Analysis.
Engineering Analysis.
5. Impact of any lessening of Manufacturer Impact
competition. Analysis.
6. Need for national energy and Shipments Analysis.
water conservation. National Impact
Analysis.
7. Other factors the Secretary Employment Impact
considers relevant. Analysis.
Utility Impact
Analysis.
Emissions Analysis.
Monetization of
Emission Reductions Benefits.
Regulatory Impact
Analysis.
------------------------------------------------------------------------
Further, EPCA establishes a rebuttable presumption that a standard
is economically justified if the Secretary finds that the additional
cost to the consumer of purchasing a product complying with an energy
conservation standard level will be less than three times the value of
the energy savings during the first year that the consumer will receive
as a result of the standard, as calculated under the applicable test
procedure. (42 U.S.C. 6295(o)(2)(B)(iii))
EPCA also contains what is known as an ``anti-backsliding''
provision, which prevents the Secretary from prescribing any amended
standard that either increases the maximum allowable energy use or
decreases the minimum required energy efficiency of a covered product.
(42 U.S.C. 6295(o)(1)) Also, the Secretary may not prescribe an amended
or new standard if interested persons have established by a
preponderance of the evidence that the standard is likely to result in
the unavailability in the United States in any covered product type (or
class) of performance characteristics (including reliability),
features, sizes, capacities, and volumes that are substantially the
same as those generally available in the United States. (42 U.S.C.
6295(o)(4))
Additionally, EPCA specifies requirements when promulgating an
energy conservation standard for a covered product that has two or more
subcategories. DOE must specify a different standard level for a type
or class of product that has the same function or intended use, if DOE
determines that products within such group: (A) Consume a different
kind of energy from that consumed by other covered products within such
type (or class); or (B) have a capacity or other performance-related
feature which other products within such type (or class) do not have
and such feature justifies a higher or lower standard. (42 U.S.C.
6295(q)(1)) In determining whether a performance-related feature
justifies a different standard for a group of products, DOE must
consider such factors as the utility to the consumer of the feature and
other factors DOE deems appropriate. Id. Any rule prescribing such a
standard must include an explanation of the basis on which such higher
or lower level was established. (42 U.S.C. 6295(q)(2))
Finally, pursuant to the amendments contained in the Energy
Independence and Security Act of 2007 (EISA 2007), Public Law 110-140,
any final rule for new or amended energy conservation standards
promulgated after July 1, 2010, is required to address standby mode and
off mode energy use. (42 U.S.C. 6295(gg)(3)) Specifically, when DOE
adopts a standard for a covered product after that date, it must, if
justified by the criteria for adoption of standards under EPCA (42
U.S.C. 6295(o)), incorporate standby mode and off mode energy use into
a single standard, or, if that is not feasible, adopt a separate
standard for such energy use for that product. (42 U.S.C.
6295(gg)(3)(A)-(B)) DOE's current test procedures for room ACs address
standby mode and off mode energy use. In this rulemaking, DOE intends
to incorporate such energy use into any amended energy conservation
standards it adopts in the final rule.
Before proposing a standard, DOE typically seeks public input on
the analytical framework, models, and tools that DOE intends to use to
evaluate standards for the product at issue and the results of
preliminary analyses DOE performed for the product.
DOE is examining whether to amend the current standards pursuant to
its obligations under EPCA. This notice 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 webinar to solicit feedback from interested parties on
its analytical framework, models, and preliminary results.
II. History of Energy Conservation Standards Rulemaking for Room Air
Conditioners
A. Background
As described in section I of this notice, EPCA prescribed energy
conservation standards for room air conditioners. (42 U.S.C.
6295(c)(1)-(2)) Further, EPCA directed DOE to conduct two cycles of
rulemakings to determine whether to amend these standards. (42 U.S.C.
6295(c)(1)-(2)) DOE completed the first of these rulemaking cycles in
September 24, 1997 (hereinafter the ``September 1997 Final Rule'') by
adopting amended performance standards for room ACs manufactured on or
after October 1, 2000. 62 FR 50122. Additionally, DOE completed a
second rulemaking cycle to amend the standards for room ACs by issuing
a direct final rule published on April 21, 2011 (hereinafter the
``April 2011 Direct Final Rule''), in which DOE prescribed the current
energy conservation standards for room ACs manufactured on or after
April 21, 2014. 76 FR 22454. DOE subsequently published a final rule
amending the compliance date for current room AC standards to June 1,
2014. 76 FR 52852 (Aug. 24, 2011). In a separate notice, also published
on August 24, 2011, DOE confirmed the adoption of these energy
conservation standards in a notice of effective date and compliance
dates for the April 2011 Direct Final Rule. 76 FR 52854. These
standards, based on the combined energy efficiency ratio (CEER),
expressed in British thermal units per watt-hour (Btu/Wh), are set
forth in DOE's regulations at 10 CFR 430.32(b) and are repeated in
Table II.1.
[[Page 36515]]
Table II.1--Current Room Air Conditioner Energy Conservation Standards
------------------------------------------------------------------------
Minimum
Room AC product class CEER (Btu/
Wh)
------------------------------------------------------------------------
1. Without reverse cycle, with louvered sides, and less than 11.0
6,000 Btu/h................................................
2. Without reverse cycle, with louvered sides and 6,000 to 11.0
7,999 Btu/h................................................
3. Without reverse cycle, with louvered sides and 8,000 to 10.9
13,999 Btu/h...............................................
4. Without reverse cycle, with louvered sides and 14,000 to 10.7
19,999 Btu/h...............................................
5a. Without reverse cycle, with louvered sides and 20,000 9.4
Btu/h to 28,000 Btu/h......................................
5b. Without reverse cycle, with louvered sides and 28,000 9.0
Btu/h or more..............................................
6. Without reverse cycle, without louvered sides, and less 10.0
than 6,000 Btu/h...........................................
7. Without reverse cycle, without louvered sides and 6,000 10.0
to 7,999 Btu/h.............................................
8a. Without reverse cycle, without louvered sides and 8,000 9.6
to 10,999 Btu/h............................................
8b. Without reverse cycle, without louvered sides and 11,000 9.5
to 13,999 Btu/h............................................
9. Without reverse cycle, without louvered sides and 14,000 9.3
to 19,999 Btu/h............................................
10. Without reverse cycle, without louvered sides and 20,000 9.4
Btu/h or more..............................................
11. With reverse cycle, with louvered sides, and less than 9.8
20,000 Btu/h...............................................
12. With reverse cycle, with louvered sides, and 20,000 Btu/ 9.3
h or more..................................................
13. With reverse cycle, without louvered sides, and less 9.3
than 14,000 Btu/h..........................................
14. With reverse cycle, without louvered sides, and 14,000 8.7
Btu/h or more..............................................
15. Casement-Only........................................... 9.5
16. Casement-Slider......................................... 10.4
------------------------------------------------------------------------
B. Current Process
As part of the current analysis, on June 18, 2015, DOE prepared a
Request for Information (hereinafter the ``June 2015 RFI''), which
solicited information from the public to help DOE determine whether
amended standards for room ACs would result in a significant amount of
additional energy savings and whether those standards would be
technologically feasible and economically justified. DOE also
identified a variety of questions to aid in the development of the
technical and economic analyses regarding whether new standards for
room ACs may be warranted. In addition, DOE welcomed comments on other
issues relevant to the conduct of the rulemaking that may not have been
specifically identified in the June 2015 RFI. 80 FR 34843. The June
2015 RFI is available at: https://www.regulations.gov/docket?D=EERE-2014-BT-STD-0059.
This preliminary analysis is part of the mandatory review process
imposed by EPCA and further seeks input from the public to assist DOE
with its determination on whether amended standards pertaining to room
ACs are warranted.
Comments received to date as part of the current process have
helped DOE identify and resolve issues related to the preliminary
analyses. Chapter 2 of the preliminary TSD summarizes and addresses the
comments received.
III. Summary of the Analyses Performed by DOE
For the products covered in this preliminary analysis, DOE
conducted in-depth technical analyses in the following areas: (1)
Engineering; (2) markups to determine product price; (3) energy use;
(4) life-cycle cost (LCC) and payback period (PBP); and (5) national
impacts. The preliminary TSD that presents the methodology and results
of each of these analyses is available at https://www.regulations.gov/docket?D=EERE-2014-BT-STD-0059.
DOE also conducted, and has included in the preliminary TSD,
several other analyses that support the major analyses or are
preliminary analyses that will be expanded if DOE determines that a
NOPR is warranted to propose amended energy conservation standards.
These analyses include: (1) The market and technology assessment; (2)
the screening analysis, which contributes to the engineering analysis;
and (3) the shipments analysis, which contributes to the LCC and PBP
analysis and National Impact Analysis (NIA). In addition to these
analyses, DOE has begun preliminary work on the manufacturer impact
analysis (MIA) and has identified the methods to be used for the
consumer subgroup analysis, the emissions analysis, the employment
impact analysis, the regulatory impact analysis, and the utility impact
analysis. DOE will expand on these analyses in the NOPR should one be
issued.
A. Engineering Analysis
The engineering analysis establishes the relationship between the
cost and efficiency levels of the product that DOE is evaluating as
potential energy conservation standards. This relationship serves as
the basis for cost-benefit calculations for individual consumers,
manufacturers, and the Nation. The engineering analysis identifies
representative baseline products for each product class, which is the
starting point for analyzing technologies that provide energy
efficiency improvements. ``Baseline products'' refers to a model or
models having features and technologies typically found in minimally-
efficient products currently available on the market and, for products
already subject to energy conservation standards, a model that just
meets the current standard. The engineering analysis also identifies
higher efficiency levels above the baseline level, based on the range
of products currently available on the market. After identifying the
baseline and higher-efficiency levels, DOE estimates manufacturer
selling prices by using a consistent methodology and pricing scheme
that includes material costs and manufacturer markups. Chapter 5 of the
preliminary TSD discusses the engineering analysis.
B. Markups To Determine Prices
DOE derives customer prices based on manufacturer markups, retailer
markups, distributor markups, contractor markups (where appropriate),
and sales taxes. In deriving these markups, DOE determines the major
distribution channels for product sales, the markup associated with
each party in each distribution channel, and the existence and
magnitude of differences between markups for baseline products
(baseline markups) and higher-efficiency products (incremental
markups). DOE calculates both overall baseline and overall incremental
markups based on the markups at each step in each distribution channel.
Chapter 6 of the preliminary TSD addresses the markups analysis.
[[Page 36516]]
C. Energy Use Analysis
The energy use analysis provides estimates of the annual energy
consumption of room ACs. The energy use analysis seeks to estimate the
range of energy consumption of the products that meet each of the
efficiency levels evaluated as they are used in the field. DOE uses
these values in the LCC and PBP analyses and in the NIA. Chapter 7 of
the preliminary TSD addresses 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 cost of
purchasing, installing and operating a considered product over the
course of its lifetime. The LCC analysis compares the LCCs of products
designed to meet possible energy conservation standards with the LCC of
the product likely to be installed in the absence of standards. DOE
determines LCCs by considering: (1) Total installed cost to the
purchaser (which consists of manufacturer selling price, distribution
chain markups, sales taxes, and installation cost); (2) the operating
cost of the product (energy cost, water and wastewater cost in some
cases, and maintenance and repair cost); (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 represents the number of
years needed to recover the increase in purchase price (including
installation cost) of higher-efficiency products through savings in the
operating cost of the product. PBP is calculated by dividing the
incremental increase in installed cost of the higher efficiency
product, compared to the baseline product, by the annual savings in
operating costs. Chapter 8 of the preliminary TSD addresses the LCC and
PBP analyses.
E. National Impact Analysis
The NIA estimates the national energy savings (NES) and the net
present value (NPV) of total consumer costs and savings expected to
result from amended standards at specific efficiency levels (referred
to as candidate standard levels). DOE calculated NES and NPV for each
candidate standard level for room ACs as the difference between a base-
case forecast (without amended standards) and the standards-case
forecast (with standards). Cumulative energy savings are the sum of the
annual NES determined for the lifetime of the products shipped from
2026 to 2055. The 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, product installed costs and operating costs, product
annual energy consumption, the base case efficiency projection, and
discount rates. Chapter 9 of the preliminary TSD addresses the
Shipments Analysis and Chapter 10 of the preliminary TSD addresses the
NIA.
F. Other Energy Conservation Standard Topics
1. Market Failures
In the field of economics, a market failure is a situation in which
the market outcome does not maximize societal welfare. Such an outcome
would result in unrealized potential welfare. DOE welcomes comment on
any aspect of market failures, especially those in the context of
amended energy conservation standards for room ACs.
2. Emerging Smart Technology Market
DOE published an RFI on the emerging smart technology appliance and
equipment market. 83 FR 46886 (Sept. 17, 2018). In that RFI, DOE sought
information to better understand market trends and issues in the
emerging market for appliances and commercial equipment that
incorporate smart technology. DOE's intent in issuing the RFI was to
ensure that DOE did not inadvertently impede such innovation in
fulfilling its statutory obligations in setting efficiency standards
for covered products and equipment. DOE seeks comments, data and
information on the issues presented in the RFI as they may be
applicable to room ACs.
3. Other Issues
In addition to the issues identified earlier in this document, DOE
welcomes comment on any other aspect of energy conservation standards
for room ACs not already addressed by the specific areas identified in
this document. In particular, DOE notes that under Executive Order
13771, ``Reducing Regulation and Controlling Regulatory Costs,''
Executive Branch agencies such as DOE are directed to manage the costs
associated with the imposition of expenditures required to comply with
Federal regulations. See 82 FR 9339 (Feb. 3, 2017). Consistent with
that Executive Order, DOE encourages the public to provide input on
measures DOE could take to lower the cost of its energy conservation
standards rulemakings, recordkeeping and reporting requirements, and
compliance and certification requirements applicable to room ACs while
remaining consistent with the requirements of EPCA.
IV. Public Participation
DOE invites public participation in this process through
participation in the webinar and submission of written comments and
information. After the webinar and the closing of the comment period,
DOE will consider all 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 standards for
room ACs need not be amended or a NOPR proposing to amend those
standards. The NOPR, should one be issued, would include proposed
energy conservation standards for the products covered by that
rulemaking, and members of the public would be given an opportunity to
submit written and oral comments on the proposed standards.
A. Participation in the Webinar
The time and date of the webinar are listed in the DATES section at
the beginning of this document. If no participants register for the
webinar, then it will be cancelled.
Webinar registration information, participant instructions, and
information about the capabilities available to webinar participants
will be published on DOE's website: https://cms.doe.gov/eere/buildings/public-meetings-and-comment-deadlines. Participants are responsible for
ensuring their systems are compatible with the webinar software.
DOE encourages those who wish to participate in the webinar to
obtain the preliminary TSD from DOE's website and to be prepared to
discuss its contents. Once again, a copy of the preliminary TSD is
available at: https://www.regulations.gov/docket?D=EERE-2014-BT-STD-0059. However, webinar participants need not limit their comments to
the topics identified in the preliminary TSD; DOE is also interested in
receiving views concerning other relevant issues that participants
believe would affect energy conservation standards for this product or
that DOE should address in a NOPR should one be issued.
B. Submission of Comments
DOE will accept comments, data, and information regarding this
notice before or after the webinar, but no later than the date provided
in the DATES section at the beginning of this notice.
[[Page 36517]]
Interested parties may submit comments using any of the methods
described in the ADDRESSES section at the beginning of this notice.
Submitting comments via https://www.regulations.gov. The https://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. Otherwise, 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 https://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
https://www.regulations.gov cannot be claimed as CBI. Comments received
through the website will waive any CBI claims for the information
submitted. For information on submitting CBI, see the Confidential
Business Information section.
DOE processes submissions made through https://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 https://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 https://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 telefacsimiles (faxes) will be accepted.
Comments, data, and other information submitted to DOE
electronically should be provided in PDF (preferred), Microsoft Word or
Excel, WordPerfect, or text (ASCII) file format. Provide documents that
are not secured, that are written in English, and that are free of any
defects or viruses. Documents should not contain special characters or
any form of encryption and, if possible, they should carry the
electronic signature of the author.
Campaign form letters. Please submit campaign form letters by the
originating organization in batches of between 50 to 500 form letters
per PDF or as one form letter with a list of supporters' names compiled
into one or more PDFs. This reduces comment processing and posting
time.
Confidential Business Information. Pursuant to 10 CFR 1004.11, any
person submitting information that he or she believes to be
confidential and exempt by law from public disclosure should submit via
email, postal mail, or hand delivery/courier 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. Submit these documents via email to
[email protected] or on a CD, if feasible. 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 notice of
availability.
Signing Authority
This document of the Department of Energy was signed on June 5,
2020, by Alexander N. Fitzsimmons, Deputy Assistant Secretary for
Energy Efficiency, 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 11, 2020.
Treena V. Garrett,
Federal Register Liaison Officer, U.S. Department of Energy.
[FR Doc. 2020-12935 Filed 6-16-20; 8:45 am]
BILLING CODE 6450-01-P
