G/TBT/N/USA/1674  
3 December 2020  
(20-8696) 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) [1701]  
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):  Unvented 
heating appliances; Environmental protection (ICS 13.020), Domestic, commercial and 
industrial heating appliances (ICS 97.100)  
5. Title, number of pages and language(s) of the notified document:  Energy 
Conservation Program: Energy Conservation S tandards for Direct Heating Equipment 
(26 page(s), in English)  
6. Description of content:  Notification of proposed determination and request for 
comment - The Energy Policy and Conservation Act, as amended (EPCA), prescribes 
energy conservation standards for various consumer products, including direct heating 
equipment (DHE). EPCA also requires the U.S. Department of Energy (DOE) to periodically 
determine whether more - stringent, amended standards would be technologically feasible 
and economically justifie d, and would result in significant energy savings. After carefully 
considering the available market and technical information for these products, DOE has 
tentatively concluded in this document that more -stringent standards for DHE would not 
save a signific ant amount of energy. Further, depending on the product class, 
more-stringent standards for DHE would not be technologically feasible or economically 
justified. As such, DOE has tentatively determined that amended energy conservation 
standards are not need ed. DOE requests comment on this proposed determination, as 
well as the associated analyses and results.  
7. Objective and rationale, including the nature of urgent problems where 
applicable:  Protection of the environment; Cost saving and productivity enha ncement  
8. Relevant documents:   
• 85 Federal Register (FR) 77017, 1 December 2020; Title 10 Code of Federal 
Regulations (CFR) Part 430:  
https://www.govinfo.gov/content/pkg/FR -2020-12-01/html/2020 -26327.htm  
https://www.govinfo.gov/content/pkg/FR -2020-12-01/pdf/2020 -26327.pdf  G/TBT/N/USA/1674  
 
- 2 - 
 
  This notification of proposed determination and request for comments is identified by 
Docket Number EERE -2019-BT-STD-0002. The Docket Folder is available on 
Regulations.gov  at https://www.regulations.gov/docket?D=EERE -2019-BT-STD-0002 
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 stakehol ders 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 will also be s ubmitted to the 
Docket  on Regulations.gov  if received within the comment period.  
The 16 April 2010 final rule notified as G/TBT/N/USA/508/Add.1  is identified by Docket 
Number EE -2006-BT-STD-0129. The Docket Folder is available on Regulations.gov  at 
https://www.regulations.gov/docket?D=EE -2006-BT-STD-0129 and provides access to 
primary and supporting documents as well as comments received. Documents a re also 
accessible from Regulations.gov  by searching the Docket Number.  
On 17 October 2016, a final determination on Energy Conservation Standards for Direct 
Heating Equipment from the Energy Conservat ion Program was published at 
https://www.govinfo.gov/content/pkg/FR -2016-10-17/html/2016 -24866.htm  and 
https://www.govinfo.gov/content/pkg/FR -2016-10-17/pdf/2016 -24866.pdf , identified by 
Docket Number EERE -2016-BT-STD-0007. The Docket Folder is available on 
Regulations.gov  at https://www.regulations.gov/docket?D=EERE -2016-BT-STD-0007 
and provides access to primary documents as well as comments received. Documents are 
also accessible from Regulations.gov  by searching the Docket Number.  
On 26 February 2019, a Request for Information (RFI) on Test Procedure for Direct 
Heating Equipment from the Energy Conservation Program was published at 
https://www.govinfo.gov/content/pkg/FR -2019-02-26/html/2019 -03269.htm  and 
https://www.govinfo.gov/content/pkg/FR -2019-02-26/pdf/2019 -03269.pdf , identified by 
Docke t Number EERE -2019-BT-TP-0003. The Docket Folder is available on 
Regulations.gov  at https://www.regulations.gov/do cket?D=EERE -2019-BT-TP-0003 and 
provides access to primary documents as well as comments received. Documents are also 
accessible from Regulations.gov  by searching the Docket Number.  
On 11 July 2019, a  granting in part and denying in part a petition for rulemaking; notice 
of proposed interpretive rule; request for comment on Energy Conservation Standards for 
Residential Furnaces and Commercial Water Heaters from the Energy Conservation 
Program was publi shed at https://www.govinfo.gov/content/pkg/FR -2019-07-
11/html/2019 -14553.htm  and https://www.govinfo.gov/content/pkg/FR -2019-07-
11/pdf/2019 -14553.pdf . Related subsequent actions were notified under the symbol 
G/TBT/N/USA/1655 . The 2019 action and the related subsequent notified actions are 
identified by Docket Number EERE -2018-BT-STD-0018.  The Docket Folder is available on 
Regulations.gov  at https://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.  
The 14 February 2020 final rule  notified as G/TBT/N/USA/1441/Add.3  is identified by 
Docket Number EERE -2017-BT-STD-0062. The Docket Folder is available on 
Regulations.gov  at https://www.regulations.gov/docket?D=EERE -2017-BT-STD-0062 
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.  
9. Proposed date of adoption:  To be determined  
Proposed date of entry into force:  To be determined  
10. Final date for comments:  16 February 2021  
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_7420_00_e.pdf