Proposed Rule2021-20759
Energy Conservation Program for Appliance Standards: Energy Conservation Standards for Residential Furnaces and Commercial Water Heaters: Notification of Proposed Interpretive Rule
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
September 24, 2021
Effective
August 27, 2021
Issuing agencies
Energy Department
Abstract
On January 15, 2021, the U.S. Department of Energy (DOE or the Department) published in the Federal Register a final interpretive rule determining that, in the context of residential furnaces, commercial water heaters, and similarly-situated products or equipment, use of non-condensing technology (and associated venting) constitutes a performance-related "feature" under the Energy Policy and Conservation Act, as amended (EPCA), that cannot be eliminated through the adoption of an energy conservation standard. On August 27, 2021, DOE published in the Federal Register a notification of proposed interpretive rule (NOPIR) that proposes to return to its previous and long-standing interpretation, under which the technology used to supply heated air or hot water is not a performance related "feature" that provides a distinct consumer utility under EPCA. The NOPIR provided an opportunity for submission of written comments, data, and information to the DOE no later than September 27, 2021. Prior to the end of that comment period, several stakeholders submitted a joint request seeking additional time to consider the issues raised in the NOPIR. In light of this request, DOE is extending the comment period on the subject NOPIR for an additional 15 days.
Full Text
<html>
<head>
<title>Federal Register, Volume 86 Issue 183 (Friday, September 24, 2021)</title>
</head>
<body><pre>
[Federal Register Volume 86, Number 183 (Friday, September 24, 2021)]
[Proposed Rules]
[Pages 53014-53015]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-20759]
-----------------------------------------------------------------------
DEPARTMENT OF ENERGY
10 CFR Parts 430 and 431
[EERE-2018-BT-STD-0018]
RIN 1904-AE39
Energy Conservation Program for Appliance Standards: Energy
Conservation Standards for Residential Furnaces and Commercial Water
Heaters: Notification of Proposed Interpretive Rule
AGENCY: Office of Energy Efficiency and Renewable Energy, Department of
Energy.
ACTION: Notification of proposed interpretive rule; extension of public
comment period.
-----------------------------------------------------------------------
SUMMARY: On January 15, 2021, the U.S. Department of Energy (DOE or the
Department) published in the Federal Register a final interpretive rule
determining that, in the context of residential furnaces, commercial
water heaters, and similarly-situated products or equipment, use of
non-condensing technology (and associated venting) constitutes a
performance-related ``feature'' under the Energy Policy and
Conservation Act, as amended (EPCA), that cannot be eliminated through
the adoption of an energy conservation standard. On August 27, 2021,
DOE published in the Federal Register a notification of proposed
interpretive rule (NOPIR) that proposes to return to its previous and
long-standing interpretation, under which the technology used to supply
heated air or hot water is not a performance related ``feature'' that
provides a distinct consumer utility under EPCA. The NOPIR provided an
opportunity for submission of written comments, data, and information
to the DOE no later than September 27, 2021. Prior to the end of that
comment period, several stakeholders submitted a joint request seeking
additional time to consider the issues raised in the NOPIR. In light of
this request, DOE is extending the comment period on the subject NOPIR
for an additional 15 days.
DATES: The comment period for the NOPIR published in the Federal
Register on August 27, 2021 (86 FR 48049) is extended to October 12,
2021. Written comments, data, and information are requested and will be
accepted on and before October 12, 2021.
ADDRESSES: Interested persons are encouraged to submit comments using
the Federal eRulemaking Portal at <a href="http://www.regulations.gov">www.regulations.gov</a>. Follow the
instructions for submitting comments. Alternatively, interested persons
may submit comments by email to the following address: Email:
<a href="/cdn-cgi/l/email-protection#8bd9eef8cdfef9e5eae8eec8e4e6e6dceaffeef9c3eeeaffeef9b9bbbab3d8dfcfbbbbbab3cbeeeea5efe4eea5ece4fd"><span class="__cf_email__" data-cfemail="3b695e487d4e49555a585e785456566c5a4f5e49735e5a4f5e49090b0a03686f7f0b0b0a037b5e5e155f545e155c544d">[email protected]</span></a>. Include docket number
EERE-2018-BT-STD-0018 and/or RIN 1904-AE39 in the subject line of the
message. Submit electronic comments in WordPerfect, Microsoft Word,
PDF, or ASCII file format, and avoid the use of special characters or
any form of encryption. No telefacsimiles (faxes) will be accepted.
Although DOE has routinely accepted public comment submissions
through a variety of mechanisms, including postal 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 COVID-19 pandemic. DOE is currently accepting only
electronic submissions at this time. 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 COVID-19 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 <a href="http://www.regulations.gov">www.regulations.gov</a>. All documents in the
docket are listed in the <a href="http://www.regulations.gov">www.regulations.gov</a> 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: <a href="http://www.regulations.gov/#!docketDetail">www.regulations.gov/#!docketDetail</a>;D=EERE-2018-BT-STD-0018. The docket web page contains
instructions on how to access all documents, including public comments,
in the docket.
FOR FURTHER INFORMATION CONTACT:
Ms. Catherine Rivest, U.S. Department of Energy, Office of Energy
Efficiency and Renewable Energy, Building Technologies Office, EE-5B,
1000 Independence Avenue SW, Washington, DC 20585- 0121. Telephone:
(202) 586-7335. Email: <a href="/cdn-cgi/l/email-protection#e7a697978b8e86898482b49386898386958394b6928294938e888994a78282c9838882c9808891"><span class="__cf_email__" data-cfemail="430233332f2a222d20261037222d272231273012362630372a2c2d300326266d272c266d242c35">[email protected]</span></a>.
Mr. Eric Stas, U.S. Department of Energy, Office of the General
Counsel, GC-33, 1000 Independence Avenue SW, Washington, DC 20585-0121.
Telephone: (202) 586-5827. Email: <a href="/cdn-cgi/l/email-protection#2663544f450875524755664e570842494308414950"><span class="__cf_email__" data-cfemail="bcf9ced5df92efc8ddcffcd4cd92d8d3d992dbd3ca">[email protected]</span></a>.
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:
<a href="/cdn-cgi/l/email-protection#125362627e7b737c71774166737c767360766143677761667b7d7c615277773c767d773c757d64"><span class="__cf_email__" data-cfemail="1f5e6f6f73767e717c7a4c6b7e717b7e6d7b6c4e6a7a6c6b7670716c5f7a7a317b707a31787069">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION: On January 15, 2021, the U.S. Department of
Energy (DOE or the Department) published in the Federal Register a
final interpretive rule determining that, in the context of residential
furnaces, commercial water heaters, and similarly-situated products or
equipment, use of non-condensing technology (and associated venting)
constitutes a performance-related ``feature'' under EPCA (42 U.S.C.
6291 et seq.), as amended, that cannot be eliminated through the
adoption of an energy conservation standard. 86 FR 4776. On August 27,
2021, DOE published in the Federal Register a NOPIR that proposes to
return to its previous and long-standing interpretation (in effect
prior to the January 2021 final interpretive rule), under which the
technology used to supply heated air or hot water is not a performance
related ``feature'' that provides a distinct consumer utility under
EPCA. 86 FR 48049. The NOPIR provided an opportunity for submission of
written comments, data, and information to the Department no later than
September 27, 2021.
Prior to the end of the comment period for the NOPIR, DOE received
a joint comment from the American Gas Association (AGA), the American
Public Gas Association (APGA), Spire Inc. and Spire Missouri (Spire),
and the National Propane Gas Association (NPGA),
[[Page 53015]]
collectively referred to as the ``Gas Industry Commenters,'' requesting
an additional 60 days for public comment in order to consider the
issues raised in the NOPIR.\1\ The Gas Industry Commenters requested
additional time due to their assertion that DOE's proposal raises
various factual, technical, economic, regulatory, and administrative
issues that require significant time to review and to respond in a
meaningful manner. The Gas Industry Commenters also pointed out the
length of the comment periods under the proceeding that culminated in
the January 2021 final interpretive rule, as well as the comment
extensions that DOE granted throughout that interpretive rulemaking
process.
---------------------------------------------------------------------------
\1\ Available at <a href="http://www.regulations.gov/comment/EERE-2018-BT-STD-0018-0125">www.regulations.gov/comment/EERE-2018-BT-STD-0018-0125</a>.
---------------------------------------------------------------------------
Furthermore, the Gas Industry Commenters noted that stakeholders
are currently engaged in multiple DOE-related proceedings, both before
the agency and the court, and each matter requires sufficient
engagement. The Gas Industry Commenters also argued that the COVID-19
emergency continues to adversely impact stakeholder engagement and
expressed their belief that a sixty-day comment extension will not
cause a significant delay in DOE's consideration of the record and any
next steps.
In regard to the assertion that the August 2021 NOPIR raises
various issues that require significant time to review and respond to,
DOE notes the NOPIR does not raise new issues but rather proposes to
return to DOE's long-standing, historical interpretation. DOE further
notes that the various factual, technical, economic, regulatory, and
administrative issues are well understood, have been discussed at
length, and have been documented in a number of rulemaking dockets.\2\
Also, as noted in the August 2021 NOPIR, Executive Order (E.O.) 13990,
``Protecting Public Health and the Environment and Restoring Science to
Tackle the Climate Crisis,'' 86 FR 7037 (Jan. 25, 2021), triggered the
Department's reevaluation of the January 2021 final interpretive rule.
86 FR 48049, 48050-48051 (August 27, 2021).
---------------------------------------------------------------------------
\2\ Energy Conservation Standards for Residential Furnaces,
Docket No. EERE-2014-BT-STD-0031, and Energy Conservation Standards
for Commercial Water Heaters, Docket No. EERE-2014-BT-STD-0042.
---------------------------------------------------------------------------
After carefully reviewing the submission, DOE has considered the
urgency required under E.O. 13990 along with the competing benefit to
stakeholders in providing additional time to review and comment on the
NOPIR. Accordingly, in seeking to balance the interests at issue, DOE
has determined that it is appropriate to partially grant this request
and to extend the comment period by 15 days, thereby allowing
additional time for interested parties to prepare and submit comments.
Therefore, DOE is extending the comment period for the NOPIR and will
accept comments, data, and information on this matter received on and
before October 12, 2021. Accordingly, DOE will consider any comments
received by this date to be timely submitted.
Signing Authority
This document of the Department of Energy was signed on September
19, 2021, by Kelly Speakes-Backman, Principal Deputy Assistant
Secretary and Acting Assistant Secretary for Energy Efficiency and
Renewable Energy, 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 September 21, 2021.
Treena V. Garrett,
Federal Register Liaison Officer, U.S. Department of Energy.
[FR Doc. 2021-20759 Filed 9-23-21; 8:45 am]
BILLING CODE 6450-01-P
</pre><script data-cfasync="false" src="/cdn-cgi/scripts/5c5dd728/cloudflare-static/email-decode.min.js"></script></body>
</html>Indexed from Federal Register on September 24, 2021.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.