This section of the FEDERAL REGISTER

contains notices to the public of the proposed

issuance of rules and regulations. The

purpose of these notices is to give interested

persons an opportunity to participate in the

rule making prior to the adoption of the final

rules.

Proposed Rules Federal Register

3873 

Vol. 86, No. 10 

Friday, January 15, 2021 

DEPARTMENT OF ENERGY 

10 CFR Parts 430 and 431 

RIN 1904–AE39 

Energy Conservation Program for 

Appliance Standards: Energy 

Conservation Standards for 

Residential Furnaces and Commercial 

Water Heaters; Withdrawal 

AGENCY: Office of Energy Efficiency and 

Renewable Energy, Department of 

Energy. 

ACTION: Proposed rulemakings; 

withdrawal. 

SUMMARY: In response to a petition for 

rulemaking submitted on October 18, 

2018 (Gas Industry Petition), the 

Department of Energy (DOE or the 

Department) has published elsewhere in 

this issue of the Federal Register a final 

interpretive rule determining that, in the 

context of 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. Relatedly, DOE 

published in the Federal Register a 

notice of proposed rulemaking for 

residential furnaces on March 12, 2015, 

a notice of proposed rulemaking for 

commercial water heaters on May 31, 

2016, and a supplemental notice of 

proposed rulemaking for residential 

furnaces on September 23, 2016. In light 

of the final interpretive rule, DOE 

hereby withdraws these proposed rules. 

DATES: The proposed rule for residential 

furnaces that appeared in the Federal 

Register on March 12, 2015 at 80 FR 

13120, the proposed rule for commercial 

water heaters that appeared in the 

Federal Register on May 31, 2016 at 81 

FR 34440, and the supplemental 

proposed rule for residential furnaces 

that appeared in the Federal Register on 

September 23, 2016 at 81 FR 65720 are 

withdrawn as of January 15, 2021. 

FOR FURTHER INFORMATION CONTACT: 

Ms. Lysia Bowling, Senior Advisor, 

U.S. Department of Energy, Office of 

Energy Efficiency and Renewable 

Energy, 1000 Independence Avenue 

SW, Washington, DC 20585. Telephone: 

(202) 430–1257. Email: Lysia.Bowling@

ee.doe.gov. 

Mr. Eris Stas, U.S. Department of 

Energy, Office of the General Counsel, 

1000 Independence Avenue SW, 

Washington, DC 20585. Telephone: 

(202) 586–5827. Email: Eric.Stas@

hq.doe.gov. 

SUPPLEMENTARY INFORMATION: On March 

12, 2015, DOE published in the Federal 

Register a rule proposing amended 

energy conservation standards for 

residential non-weatherized gas 

furnaces and mobile home furnaces, in 

furtherance of its statutory obligation to 

determine whether more-stringent, 

amended standards would be 

technologically feasible and 

economically justified, and would save 

a significant amount of energy (80 FR 

13120), and the Department 

subsequently published in the Federal 

Register a supplemental proposed rule 

for this rulemaking on September 23, 

2016 (81 FR 65720). Similarly, on May 

31, 2016, DOE published in the Federal 

Register a rule proposing amended 

energy conservation standards for 

commercial water heaters (81 FR 

34440). 

However, in response to a petition for 

rulemaking submitted on October 18, 

2018 (Gas Industry Petition), DOE 

published that petition in the Federal 

Register on November 1, 2018, for 

public review and input (83 FR 54883). 

The Gas Industry Petition was 

submitted by the American Public Gas 

Association (APGA), Spire, Inc., the 

Natural Gas Supply Association 

(NGSA), the American Gas Association 

(AGA), and the National Propane Gas 

Association (NPGA), asking DOE to: (1) 

Issue an interpretive rule stating that 

DOE’s proposed energy conservation 

standards for residential furnaces and 

commercial water heaters would result 

in the unavailability of ‘‘performance 

characteristics’’ within the meaning of 

EPCA, as amended (i.e., by setting 

standards which can only be met by 

condensing combustion technology 

products/equipment and thereby 

precluding the distribution in commerce 

of non-condensing combustion 

technology products/equipment) and (2) 

withdraw the proposed energy 

conservation standards for residential 

furnaces and commercial water heaters 

based upon such findings. To address 

the Gas Industry Petition, DOE 

subsequently published in the Federal 

Register a proposed interpretive rule on 

July 11, 2019 (84 FR 33011), and a 

supplemental notice of proposed 

interpretive rule on September 24, 2020 

(85 FR 60090), both of which offered 

opportunity for public comment. 

After careful review, DOE ultimately 

decided to adopt a final interpretive rule 

determining that, in the context of 

residential furnaces, commercial water 

heaters, and similarly-situated products/ 

equipment, use of non-condensing 

technology (and associated venting) 

constitute a performance-related 

‘‘feature’’ under EPCA that cannot be 

eliminated through adoption of an 

energy conservation standard. That final 

interpretive rule is published elsewhere 

in this issue of the Federal Register. In 

light of its changed interpretation, DOE 

withdraws the aforementioned proposed 

rules for further rulemaking consistent 

with its revised interpretation. 

Signing Authority 

This document of the Department of 

Energy was signed on January 12, 2021, 

by Daniel R Simmons, Assistant 

Secretary for Energy Efficiency and 

Renewable Energy, pursuant to 

delegated authority from the Secretary 

of Energy. That document with the 

original signature and date is 

maintained by DOE. For administrative 

purposes only, and in compliance with 

requirements of the Office of the Federal 

Register, the undersigned DOE Federal 

Register Liaison Officer has been 

authorized to sign and submit the 

document in electronic format for 

publication, as an official document of 

the Department of Energy. This 

administrative process in no way alters 

the legal effect of this document upon 

publication in the Federal Register. 

Signed in Washington, DC, on January 12, 

2021. 

Treena V. Garrett, 

Federal Register Liaison Officer, U.S. 

Department of Energy. 

[FR Doc. 2021–00898 Filed 1–14–21; 8:45 am] 

BILLING CODE 6450–01–P