[Federal Register Volume 86, Number 10 (Friday, January 15, 2021)]
[Proposed Rules]
[Page 3873]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-00898]


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Proposed Rules
                                                Federal Register
________________________________________________________________________

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.

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Federal Register / Vol. 86, No. 10 / Friday, January 15, 2021 / 
Proposed Rules

[[Page 3873]]



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: 
<a href="/cdn-cgi/l/email-protection#88c4f1fbe1e9a6cae7ffe4e1e6efc8ededa6ece7eda6efe7fe"><span class="__cf_email__" data-cfemail="4804313b2129660a273f2421262f082d2d662c272d662f273e">[email protected]</span></a>.
    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: <a href="/cdn-cgi/l/email-protection#4401362d276a17302537042c356a202b216a232b32"><span class="__cf_email__" data-cfemail="90d5e2f9f3bec3e4f1e3d0f8e1bef4fff5bef7ffe6">[email protected]</span></a>.

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


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