G/TBT/N/USA/1655/Add.3  
 
31 August 2021  
(21-6499) Page: 1/2 
Committee on Technical Barriers to Trade  Original: English  
 
 
 NOTIFICATION   
Addendum  
The following communication , dated  31 August 2021 , is being circulated at the request of the 
delegation of the United States of America . 
 
_______________  
 
 
Title: Energy Conservation Program for Appliance Standards: Energy Conservation Standards for 
Residential Furnaces and Commercial Water Heaters  
 
Reason for Addendum:  
[  ] Comment period changed - date:   
[  ] Notified measure adopted - date:  
[  ] Notified measure published - date:  
[  ] Notified measure enters into force - date:  
[  ] Text of final measure available from1:  
[  ] Notified measure withdrawn or revoked - date:  
Relevant symbol if measure re -notified:   
[X] Content or scope of notified measure changed  and text available from1: 
https://www.govinfo.gov/content/pkg/FR -2021-08-27/html/2021 -18017.htm  
https://www.govinfo.gov/content/pkg/FR -2021-08-27/pdf/2021 -18017.pdf  
https://members.wto.org/crnattachments/2021/TBT/USA/m odification/21_5469_00_e.
pdf 
New deadline for comments (if applicable):  27/09/2021  
[  ] Interpretive guidance issued and text available from1:  
[  ] Other:  
 
Description:  TITLE: Energy Conservation Program for Appliance Standards: Energy Conservation 
Standards for Residential Furnaces and Commercial Water Heaters  
AGENCY: Office of Energy Efficiency and Renewable Energy, Department of Energy  
ACTION: Notification of proposed interpretive rule; request for comment  
SUMMARY: On 15 January 2021, the Department of Energy (DOE or Department) published a final 
interpretive rule in the Federal Register 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  adoption of an 
energy conservation standard. DOE deems it prudent to revisit its interpretation. For the reasons 
 
1 This information can be provided by including a website address, a pdf attachment, or other 
information on where the text of the final /modified  measure and/or interpretive guidance can be obtained.  G/TBT/N/USA/1655/Add.3  
 
- 2 - 
 
  stated in this document, the Department proposes to return to its previous and long -standing 
interpretation (in effect prior to the 15 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. DOE requests comment on its proposed 
interpretation. Once DOE has  arrived at a final interpretation, the Department plans to again 
evaluate whether amended energy conservation standards would result in significant savings of 
energy, be technologically feasible, and be economically justified, consistent with its interpre tation.  
DOE will accept comments, data, and information regarding this proposed interpretive rule no later 
than 27 September 2021.  
This notification of proposed interpretive rule; request for comment and previous actions notified 
under the symbol G/TBT/N/USA/165 5 are identified by Docket Number EERE -2018-BT-STD-0018. 
The Docket Folder is available on Regulations.gov at https://www.regulations.gov/docket/EERE -
2018-BT-STD-0018/document  and provides access to primary and supporting documents as well as 
comments received. Documents are also accessible from Regulations.gov  by searching the Docket 
Number. WTO Members and t heir stakeholders are asked to submit comments to the USA TBT 
Enquiry Point . Comments received by the USA TBT Enquiry Point from WTO Members and their 
stakeholders will be shared with the regulator and w ill also be submitted to the Docket  on 
Regulations.gov if received within the comment period.  
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