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Federal Register / Vol. 86, No. 164 / Friday, August 27, 2021 / Proposed Rules DOE website at: www1.eere.energy.gov/
buildings/appliance_standards/
standards.aspx?productid=55.
FOR FURTHER INFORMATION CONTACT:
Mr. Jeremy Dommu, U.S. Department of Energy, Office of Energy Efficiency and Renewable Energy, Building Technologies, EE5B, 1000
Independence Avenue SW, Washington, DC 205850121. Email: Appliance StandardsQuestions@ee.doe.gov.
Mr. Matthew Ring, U.S. Department of Energy, Office of the General Counsel, GC33, 1000 Independence Avenue SW, Washington, DC 205850121.
Telephone: 202 5862555. Email:
matthew.ring@hq.doe.gov.
For further information on how to submit a comment, review other public comments and the docket, contact the Appliance and Equipment Standards Program staff at 202 2871445 or by email: ApplianceStandardsQuestions@
ee.doe.gov.
SUPPLEMENTARY INFORMATION:
Table of Contents I. Introduction A. Authority B. Rulemaking Process II. Background A. Current Standards B. Current Process III. Summary of the Analyses Performed by DOE
A. Engineering Analysis B. Markups Analysis C. Energy Use Analysis D. Life-Cycle Cost and Payback Period Analyses E. National Impact Analysis IV. Public Participation A. Participation in the Webinar B. Procedure for Submitting Prepared General Statements for Distribution C. Conduct of the Webinar D. Submission of Comments V. Approval of the Office of the Secretary
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I. Introduction A. Authority The Energy Policy and Conservation Act, as amended EPCA,1 42 U.S.C.
62916317, as codified authorizes DOE
to regulate the energy efficiency of a number of consumer products and certain industrial equipment. Title III, Part B 2 of EPCA 42 U.S.C. 62916309, as codified, established the Energy Conservation Program for Consumer Products Other Than Automobiles.
Title III, Part C 3 of EPCA 42 U.S.C.
63116317, as codified, added by 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 B was re-designated Part A.
3 For editorial reasons, upon codification in the U.S. Code, Part C was re-designated Part A1.

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Public Law 95619, Title IV, section 411a, established the Energy Conservation Program for Certain Industrial Equipment. The Energy Policy Act of 1992, Public Law 102486, amended EPCA and directed DOE to prescribe energy conservation standards for those distribution transformers for which DOE determines such standards would be technologically feasible, economically justified, and would result in significant energy savings. 42 U.S.C.
6317a The Energy Policy Act of 2005, Public Law 10958, amended EPCA to establish energy conservation standards for low-voltage dry-type distribution transformers. 42 U.S.C. 6295y EPCA further provides that, not later than six 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. 6316a; 42
U.S.C. 6295m1 Not later than three years after issuance of a final determination not to amend standards, DOE must publish either a notice of determination that standards for the product do not need to be amended, or a NOPR including new proposed energy conservation standards proceeding to a final rule, as appropriate. 42 U.S.C.
6316a; 42 U.S.C. 6295m3B
Under EPCA, any new or amended energy conservation standard must be designed to achieve the maximum improvement in energy efficiency that DOE determines is technologically feasible and economically justified. 42
U.S.C. 6316a; 42 U.S.C. 6295o2A
Furthermore, the new or amended standard must result in a significant conservation of energy. 42 U.S.C.
6316a; 42 U.S.C. 6295o3B
DOE is publishing this Preliminary Analysis to collect data and information to inform its decision consistent with its obligations under EPCA.
B. Rulemaking Process DOE must follow specific statutory criteria for prescribing new or amended standards for covered products and covered equipment, including distribution transformers.4 As noted, 4 While EPCA includes provisions regarding distribution transformers in both Part A and Part A
1, for administrative convenience DOE has established the test procedures and standards for distribution transformers in title 10 of the Code of Federal Regulations CFR in part 431, Energy Efficiency Program for Certain Commercial and Industrial Equipment. DOE refers to distribution transformers generally as covered equipment in this document.

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EPCA requires that any new or amended energy conservation standard prescribed by the Secretary of Energy Secretary be designed to achieve the maximum improvement in energy efficiency or water efficiency for certain products specified by EPCA that is technologically feasible and economically justified. 42 U.S.C.
6316a; 42 U.S.C. 6295o2A
Furthermore, DOE may not adopt any standard that would not result in the significant conservation of energy. 42
U.S.C. 6316a; 42 U.S.C. 6295o3
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
On February 14, 2020, DOE published an update to its procedures, interpretations, and policies for consideration in new or revised energy conservation standards and test procedure, i.e., Procedures, Interpretations, and Policies for Consideration of New or Revised Energy Conservation Standards and Test Procedures for Consumer Products and Certain Commercial/Industrial Equipment see 10 CFR 431.4; 10 CFR
part 430, subpart C, appendix A
Process Rule,.5 85 FR 8626. In the updated Process Rule, DOE established a significance threshold for energy savings under which DOE employs a two-step approach that considers both an absolute site energy savings threshold and a threshold that is a percent reduction in the energy use of the covered product. 10 CFR 431.4;
section 6a of the Process Rule.
5 On January 20, 2021, the President issued Executive Order 13990, Protecting Public Health and the Environment and Restoring Science to Tackle the Climate Crisis. Exec. Order No. 13,990, 86 FR 7037 Jan. 25, 2021 E.O. 13990. E.O.
13990 affirms the Nations commitment to empower our workers and communities; promote and protect our public health and the environment; and conserve our national treasures and monuments. To that end, the stated policies of E.O. 13990 include:
Improving public health and protecting our environment; ensuring access to clean air and water; and reducing greenhouse gas emissions. E.O.
13990 section 1. Section 2 of E.O. 13990 directs agencies, in part, to immediately review all existing regulations, orders, guidance documents, policies, and any other similar agency actions agency actions promulgated, issued, or adopted between January 20, 2017, and January 20, 2021, that are or may be inconsistent with, or present obstacles to, the policy set forth in the Executive Order. E.O.
13990 section 2. In addition, section 2iii of E.O.
13990 specifically directs DOE to, as appropriate and consistent with applicable law, publishing for notice and comment a proposed rule suspending, revising, or rescinding the updated Process Rule. In response to this directive, DOE has undertaken a review of the updated Process Rule. See, 86 FR
18901 Apr. 12, 2021 and 86 FR 35668 July 7, 2021.

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