G/TBT/N/USA/1655/Add.2  
 
20 January 2021  
(21-0606) Page: 1/2 
Committee on Technical Barriers to Trade  Original: English  
 
 
NOTIFICATION  
Addendum  
The following communication , dated  20 January 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[  ] Notified measure withdrawn or revoked - date:  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:   
[  ] Content or scope of notified measure changed  
New deadline for comments (if applicable):   
[  ] Interpretive guidance issued and text available from1:  
[X] Other: https://www.govinfo.gov/content/pkg/FR -2021-01-15/html/2020 -28956.htm  
https://www.govinfo.gov/content/pkg/FR -2021-01-15/pdf/2020 -28956.pdf  
Notification of final interpretive rule  
https://members.wto.org/crnattachments/2021/TBT/USA/21_0530_00_e.pdf  
 
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 final in terpretive rule  
SUMMARY: In response to a petition for rulemaking submitted on 18 October 2018 (Gas Industry 
Petition), the Department of Energy (DOE or the Department) published that petition in the Federal 
Register on 1 November 2018, for public review a nd input. DOE subsequently published in the 
Federal Register a proposed interpretive rule on 11 July 2019, and a supplemental notice of proposed 
interpretive rule on 24 September 2020. After carefully considering the public comments on its 
proposals, DOE h as decided to issue a final interpretive rule determining that, in the context of 
 
1 This information can be provided by including a website address, a pdf attachment, or other 
information on where the text of the final measure and/or interpretive guidance can be obtained.  G/TBT/N/USA/1655/Add.2  
 
- 2 - 
 
  residential furnaces, commercial water heaters, and similarly -situated products/equipment, use of 
non-condensing technology (and associated venting) constitute a performance -related "feature" 
under the Energy Policy and Conservation Act (EPCA) that cannot be eliminated through adoption of 
an energy conservation standard. In light of this final interpretation, published elsewhere in this 15 
January 2021 issue  of the Federal Register, DOE withdraws its 12 March 2015 proposed rule (notified 
as G/TBT/N/USA/974 ) and 23 September 2016 supplemental proposed rule (notified as 
G/TBT/N/USA/974/Add.4 ) for energy conservation standards fo r non -weatherized gas furnace and 
mobile home gas furnaces, as well as its 31 May 2016 proposed rule (notified as G/TBT/N/USA/1133 ) 
for energy conservat ion standards for commercial water heating equipment.  
This final interpretive rule is effective 15 January 2021.  
This notification of final interpretive rule and earlier actions notified under the symbol 
G/TBT/N/USA/1655  are identified by Docket Number EERE -2018-BT-STD-0018. The Docket Folder 
is available at http://www.regulations.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.  
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