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Federal Register / Vol. 86, No. 134 / Friday, July 16, 2021 / Proposed Rules mail and hand delivery/courier, the Department has found it necessary to make temporary modifications to the comment submission process in light of the ongoing Covid19 pandemic. DOE is currently suspending receipt of public comments via postal mail and hand delivery/courier. If a commenter finds that this change poses an undue hardship, please contact Appliance Standards Program staff at 202 586
1445 to discuss the need for alternative arrangements. Once the Covid19
pandemic health emergency is resolved, DOE anticipates resuming all of its regular options for public comment submission, including postal mail and hand delivery/courier.
Docket: The docket for this activity, which includes Federal Register notices, comments, 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/
!docketDetail;D=EERE-2017-BT-STD0007. The docket web page contains instructions on how to access all documents, including public comments, in the docket. See section III for information on how to submit comments through https
www.regulations.gov.
FOR FURTHER INFORMATION CONTACT: Dr.
Stephanie Johnson, U.S. Department of Energy, Office of Energy Efficiency and Renewable Energy, Building Technologies Office, EE5B, 1000
Independence Avenue SW, Washington, DC 205850121. Telephone: 202 287
1943. Email:
ApplianceStandardsQuestions@
ee.doe.gov.
Peter Cochran, U.S. Department of Energy, Office of the General Counsel, GC33, 1000 Independence Avenue SW, Washington, DC 205850121.
Telephone: 202 5869496. Email:
Peter.Cochran@Hq.Doe.Gov.
For further information on how to submit a comment or review other public comments and the docket, contact the Appliance and Equipment Standards Program staff at 202 287
1445 or by email:
ApplianceStandardsQuestions@
ee.doe.gov.
SUPPLEMENTARY INFORMATION:
Table of Contents I. Introduction
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A. Authority B. Rulemaking History II. Request for Information A. Scope of Coverage and Equipment Classes 1. Equipment Classes 2. Potential New Equipment Categories B. Significant Savings of Energy 1. Shipments 2. National Energy Savings C. Technological Feasibility 1. Technology Options 2. Screening Analysis 3. Engineering Efficiency Analysis D. Economic Justification 1. Engineering Cost Analysis 2. Markups Analysis & Distribution Channels 3. Life-Cycle Cost and Payback Period Analysis 4. Net Present Value 5. Manufacturer Impact Analysis III. Submission of Comments
I. Introduction DOE has established an early assessment review process to conduct a more focused analysis to evaluate, based on statutory criteria, whether a new or amended energy conservation standard is warranted. Based on the information received in response to the RFI and DOEs own analysis, DOE will determine whether to proceed with a rulemaking for a new or amended energy conservation standard. If DOE
makes an initial determination that a new or amended energy conservation standard would satisfy the applicable statutory criteria or DOEs analysis is inconclusive, DOE would undertake the preliminary stages of a rulemaking to issue a new or amended energy conservation standard. If DOE makes an initial determination based upon available evidence that a new or amended energy conservation standard would not meet the applicable statutory criteria, DOE would engage in notice and comment rulemaking before issuing a final determination that new or amended energy conservation standards are not warranted.
A. Authority The Energy Policy and Conservation Act, as amended EPCA,1 among other things, authorizes DOE to regulate the energy efficiency of a number of consumer products and certain industrial equipment. 42 U.S.C. 6291
6317 Title III, Part C 2 of EPCA, added by Public Law 95619, Title IV, section 441a 42 U.S.C. 63116317, as codified, established the Energy Conservation Program for Certain 1 All references to EPCA in this document refer to the statute as amended through the Energy Act of 2020, Public Law 116260 Dec. 27, 2020.
2 For editorial reasons, upon codification in the U.S. Code, Part C was redesignated Part A1.

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Industrial Equipment, which sets forth a variety of provisions designed to improve energy efficiency. This equipment includes CRE, the subject of this document. 42 U.S.C. 63111E
Under EPCA, DOEs energy conservation program consists essentially of four parts: 1 Testing, 2
labeling, 3 Federal energy conservation standards, and 4 certification and enforcement procedures. Relevant provisions of EPCA include definitions 42 U.S.C. 6311, test procedures 42
U.S.C. 6314, labeling provisions 42
U.S.C. 6315, energy conservation standards 42 U.S.C. 6313, and the authority to require information and reports from manufacturers 42 U.S.C.
6316.
Federal energy efficiency requirements for covered equipment established under EPCA generally supersede State laws and regulations concerning energy conservation testing, labeling, and standards. 42 U.S.C.
6316a and b; 42 U.S.C. 6297 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. 6316a and e applying the preemption waiver provisions of 42
U.S.C. 6297.
EPCA prescribes energy conservation standards for CRE and directs DOE to conduct rulemakings to establish new and amended standards. 42 U.S.C.
6313c26 DOE must follow specific statutory criteria for prescribing new or amended standards for covered equipment. EPCA requires that any new or amended energy conservation standard prescribed by the Secretary of Energy Secretary be designed to achieve the maximum improvement in energy or water efficiency that is technologically feasible and economically justified. 42 U.S.C.
6316e1; 42 U.S.C. 6295o2A The Secretary may not prescribe an amended or new standard that will not result in significant conservation of energy, or is not technologically feasible or economically justified. 42 U.S.C.
6316a; 42 U.S.C. 6295o3
EPCA also requires that, not later than 6 years after the issuance of any final rule establishing or amending a standard, DOE evaluate the energy conservation standards for each type of covered equipment, including those at issue here, and publish either a notification of determination that the standards do not need to be amended, or a NOPR that includes new proposed energy conservation standards proceeding to a final rule, as
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