G/TBT/N/USA/854/Add.5  
 
25 April 2022  
(22-3271) Page: 1/2 
Committee on Technical Barriers to Trade  Original: English  
 
 
NOTIFICATION  
Addendum  
The following communication , dated  22 April 2022, is being circulated at the request of the 
delegation of the United States of America . 
 
_______________  
 
 
Title:  Energy Efficiency Program for Commercial and Industrial Equipment: Energy Conservation 
Standards for Commercial Packaged Boilers  
 
Reason for Addendum:  
[ ] Comment period changed - date:   
[X] Notified measure adopted - date: 10 March 2022  
[X] Notified measure published - date: 10 January 2020  
[X] Notified measure enters into force - date: 10 January 2023  
[X] Text of final measure available from1:  
https://www.govinfo.gov/content/pkg/FR -2020-01-10/html/2019 -26356.htm  
https://www.govinfo.gov/content/pkg/FR -2020-01-10/pdf/2019 -26356.pdf  
[ ] Notified measure withdrawn or revoked - date:  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):   
[X] Interpretive guidance issued and text available from1:  
https://www.govinfo.gov/content/pkg/FR -2022-04-20/html/2022 -08427.htm  
https://www.govinfo.gov/content/pkg/FR -2022-04-20/pdf/2022 -08427.pdf  
https://members.wto.org/crnattachments/2022/TBT/USA/interpr etative_guidance/22_3002_00_e.
pdf 
[ ] Other:  
 
Description:  TITLE: Energy Conservation Program: Energy Conservation Standards for Commercial 
Packaged Boilers; Response to United States Court of Appeals for the District of Columbia Circuit 
Remand in American Public Gas Association v. United States Department of Energy  
AGENCY: Office of Energy Efficiency and Renewable Energy, Department of Energy  
ACTION: Final rule; supplemental response to comments  
 
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/854/Add.5  
 
- 2 - 
 
  SUMMARY: On 10 January 2020, a final rule amending energy conservation standards for commercial 
packaged boilers was published in the  Federal Register (notified as G/TBT/N/USA/854/Add.4 ). The 
American Pub lic Gas Association, Air -conditioning, Heating, and Refrigeration Institute, and Spire 
Inc. filed petitions for review of the final rule in the United States Courts of Appeals for the District 
of Columbia Circuit ("D.C. Circuit"), Fourth Circuit, and Eight  Circuit, respectively. These petitions 
were consolidated in the D.C. Circuit. In its 18 January 2022, opinion, the D.C. Circuit remanded the 
final rule to the Department of Energy ("DOE") to supplement its responses to the following three 
issues raised du ring the public comment period: The random assignment of boilers to buildings, 
forecasted fuel prices, and estimated burner operating hours. This document provides additional 
explanation regarding these three issues.  
DATES : This supplemental response to co mments document is effective 20 April 2022. The effective 
date of the final rule was 10 March 2020. Compliance with the amended standards established for 
commercial packaged boilers in that final rule is required on and after 10 January 2023.  
The docket fo lder on Regulations.gov  provides access to primary and supporting documents for this 
rulemaking as well as the  comments received: https:/ /www.regulations.gov/docket/EERE -2013-BT-
STD-0030.  
https://www.govinfo.gov/content/pkg/FR -2022-04-20/html/2022 -08427.htm  
https://www.govinfo.gov/content/pkg/FR -2022-04-20/pdf/2022 -08427.pdf  
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