G/TBT/N/USA/1655/Add.4  
 
28 September 2021  
(21-7216) Page: 1/2 
Committee on Technical Barriers to Trade  Original: English  
 
NOTIFICATION  
Addendum  
The following communication , dated  28 September 2021 , is being circulated at the request of the 
delegation of the United States of America . 
 
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Title: Energy Conservation Program for Appliance Standards: Energy Conservation Standards for 
Residential Furnaces and Commercial Water Heaters  
 
Reason for Addendum:  
[X] Comment period changed - date:  12 October 2021  
[  ] 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[  ] Notified measure withdrawn or revoked - date:  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  and text available from1:  
New deadline for comments (if applicable):   
[  ] Interpretive guidance issued and text available from1:  
[X] Other: https://www.govinfo.gov/content/pkg/FR -2021-09-24/html/2021 -20759.htm  
https://www.govinfo.gov/content/pkg/FR -2021-09-24/pdf/2021 -20759.pdf  
 
Description:  TITLE: 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, Departmen t of Energy  
ACTION: Notification of proposed interpretive rule; extension of public comment period  
SUMMARY: On 15 January 2021, the U.S. Department of Energy (DOE or the Department) published 
in the Federal Register a final interpretive rule determining th at, 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 Conservati on Act, as amended (EPCA), that cannot be eliminated through the 
adoption of an energy conservation standard. On 27 August 2021, DOE published in the Federal 
Register a notification of proposed interpretive rule (NOPIR) that proposes to return to its previ ous 
and long -standing interpretation, under which the technology used to supply heated air or hot water 
 
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.4  
 
- 2 - 
 
  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 27 September 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 reques t, 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 27 August 2021 (86 
FR 48049) is extended to 12 October 2021. Written comments, data, and inf ormation are requested 
and will be accepted on and before 12 October 2021.  
This notification of proposed interpretive rule; extension of public comment period and previous 
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 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 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 shared with the regulator and will 
also be submitted to the  Docket  on Regulations.gov if received within the comment period.  
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