G/TBT/N/USA/1655  
19 October 2020  
(20-7192) Page: 1/2 
Committee on Technical Barriers to Trade  Original:  English  
 
  
NOTIFICATION  
The following notification is being circulated in accordance with Article 10.6  
 
1. Notifying Member:  UNITED STATES OF AMERICA   
If applicable, name of local government involved (Article 3.2 and 7.2):   
2. Agency responsible:  Office of Energy Efficiency and Renewable Energy (OEERE), 
Department of Energy (DOE) [1683]  
Name and address (including telephone and fax numbers , email and website 
addresses, if available) of agency or authority designated to handle comments 
regarding the notification shall be indicated if different from above:   
Please submit comments to: USA WTO TBT Enquiry Point, Email: usatbtep@nist.gov  
3. Notified under Article 2.9.2 [   ], 2.10.1 [   ], 5.6.2 [   ], 5.7.1 [   ], other  [X]:  
4. Products covered (HS or CCCN  where applicable, otherwise national tariff 
heading. ICS numbers may be provided in addition, where applicable):  Residential 
furnaces and commercial water heaters; Environmental protection (ICS 13.020), 
Ventilators. Fans. Air -conditioners (ICS 23.120), He at pumps (ICS 27.080)  
5. Title, number of pages and language(s) of the notified document:  Energy 
Conservation Program for Appliance Standards: Energy Conservation Standards for 
Residential Furnaces and Commercial Water Heaters (7 page(s), in English)  
6. Description of content:  Notice of supplemental proposed interpretive rule; request for 
comment - 
In response to a petition for rulemaking submitted on 18 October 2018 (Gas Industry 
Petition), the Department of Energy (DOE) published that petition in the Fe deral Register 
on 1 November 2018, for public review and input, and DOE subsequently published a 
proposed interpretive rule in the Federal Register on 11 July 2019, which tentatively 
determined that in the context of residential furnaces, commercial water heaters and 
similarly -situated products/equipment, use of non -condensing technology (and 
associated venting) may constitute a performance -related "feature" under the Energy 
Policy and Conservation Act (EPCA) that cannot be eliminated through adoption of an  
energy conservation standard. After carefully considering the public comments on its 
proposed interpretive rule, DOE has tentatively determined to consider a more involved 
class structure which turns on maintenance of compatibility with existing venting 
categories, and the Department seeks further information on the potential feasibility, 
burdens, and other implications of implementing such a venting - compatibility approach. 
DOE requests comments limited in scope to this issue, after which DOE will respond  to 
not only this matter, but also to all of the other topics raised in comments on the July 
2019 notice of proposed interpretive rule.  
7. Objective and rationale, including the nature of urgent problems where 
applicable:  Consumer information, labelling; Protection of the environment  G/TBT/N/USA/1655  
 
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  8. Relevant documents:   
85 Federal Register (FR) 60090, 24 September 2020; Title 10 Code of Federal Regulations 
(CFR) Parts 430 and 431:  
https://www.govinfo.gov/content/pkg/FR -2020-09-24/html/2020 -20773.htm  
https://www.govinfo.gov/content/pkg/FR -2020-09-24/pdf/2020 -20773.pdf  
This notice of supplemental proposed interpretive rule; request for comment is identified 
by Docket Number EERE -2018-BT-STD-0018. The Docket Folder is available at 
http://www.regulat ions.gov/docket?D=EERE -2018-BT-STD-0018 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 
their 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 share d with the regulator and will also be submitted to the Docket  
on Regulations.gov if received within the comment period.  
Energy Conservation Program for Appliance Standards: Energy Conservation Standards 
for Residential Furnaces and Commercial Water Heaters; Granting in part and denying 
in part a petition for rulemak ing; notice of proposed interpretive rule; request for 
comment published 11 July 2019:  
https://www.govinfo.gov/content/pkg/FR -2019-07-11/html/2019 -14553.htm  
https://www.govinfo.gov/content/pkg/FR -2019-07-11/pdf/2019 -14553.pdf  
Energy Conservation Program: Energy Standards for Residential Furnaces and 
Commercial Water  Heaters, Notice of Petition for Rulemaking; request for comment 
published 1 November 2018:  
https://www.govinfo.gov/content/pkg/FR -2018-11-01/html/2018 -23885 .htm 
https://www.govinfo.gov/content/pkg/FR -2018-11-01/pdf/2018 -23885.pdf   
Energy Conservation Program: Energy Conservation Standards for Residential Furnaces 
and Commercial Water Heaters; Notice of petition for rulemaking; extension of public 
comment period published 29 January 2019:  
https://www.govinfo.gov/content /pkg/FR -2019-01-29/html/2019 -00257.htm  
https://www.govinfo.gov/content/pkg/FR -2019-01-29/pdf/2019 -00257.pdf  
Related rulemaking actions notified under the symbo l G/TBT/N/USA/974  are iden tified by 
Docket Number EERE -2014-BT-STD-0031.   The Docket Folder is available on 
Regulations.gov at https://www.regulations.gov/docket?D=EERE -2014-BT-STD-0031 
and provi des access to primary and supporting documents associated with the earlier 
actions as well as comments received. Documents are also accessible from 
Regulations.gov  by searching the Docket Number.  
9. Proposed date of adoption:  To be determined  
Proposed date of entry into force:  To be determined  
10. Final date for comments:  26 October 2020  
11. Texts available from:  National enquiry point [ ] or address, telephone and fax 
numbers and email and website addresses, if available , of other body:   
https://members.wto.org/crnattachments/2020/TBT/USA/20_6218_00_e.pdf