Federal Register / Vol. 87, No. 40 / Tuesday, March 1, 2022 / Proposed Rules 11327 

2022, by Kelly J. Speakes-Backman, 

Principal Deputy 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 February 23, 

2022. 

Treena V. Garrett, 

Federal Register Liaison Officer, U.S. 

Department of Energy. 

[FR Doc. 2022–04188 Filed 2–28–22; 8:45 am] 

BILLING CODE 6450–01–P 

DEPARTMENT OF ENERGY 

10 CFR Part 430 

[EERE–2017–BT–STD–0019] 

RIN 1904–AD91 

Energy Conservation Program: Energy 

Conservation Standards for Consumer 

Water Heaters 

AGENCY: Office of Energy Efficiency and 

Renewable Energy, Department of 

Energy. 

ACTION: Notification of availability of 

preliminary technical support document 

and request for comment. 

SUMMARY: The U.S. Department of 

Energy (DOE or the Department) 

announces the availability of the 

preliminary analysis it has conducted 

for purposes of evaluating the need for 

amended energy conservation standards 

for consumer water heaters, which is set 

forth in the Department’s preliminary 

technical support document (TSD) for 

this rulemaking. DOE will hold a public 

meeting via webinar to discuss and 

receive comment on its preliminary 

analysis. The meeting will cover the 

analytical framework, models, and tools 

used to evaluate potential standards; the 

results of preliminary analyses 

performed; potential energy 

conservation standard levels derived 

from these analyses (if DOE determines 

that proposed amendments are 

necessary); and other relevant issues. In 

addition, DOE encourages written 

comments on these subjects. 

DATES: 

Comments: DOE will accept written 

comments, data, and information 

regarding its preliminary analysis for 

consumer water heaters no later than 

May 2, 2022. 

Meeting: DOE will hold a public 

meeting via webinar on Tuesday, April 

12, 2022, from 1:00 p.m. to 5:00 p.m. 

See section IV, ‘‘Public Participation,’’ 

for webinar registration information, 

participant instructions, and 

information about the capabilities 

available to webinar participants. 

ADDRESSES: Interested persons are 

encouraged to submit comments using 

the Federal eRulemaking Portal at 

www.regulations.gov. Follow the 

instructions for submitting comments. 

Alternatively, interested persons may 

submit comments, identified by docket 

number EERE–2017–BT–STD–0019 

and/or RIN 1904–AD91, by any of the 

following methods: 

1. Federal eRulemaking Portal: 

www.regulations.gov. Follow the 

instructions for submitting comments. 

2. Email: to 

ConsumerWaterHeaters2017STD0019@

ee.doe.gov. Include docket number 

EERE–2017–BT–STD–0019 and/or RIN 

1904–AD91 in the subject line of the 

message. 

No telefacsimiles (faxes) will be 

accepted. For detailed instructions on 

submitting comments and additional 

information on this process, see section 

IV of this document (Public 

Participation). 

Although DOE has routinely accepted 

public comment submissions through a 

variety of mechanisms, including postal 

mail and hand delivery/courier, the 

Department has found it necessary to 

make temporary modifications to the 

comment submission process in light of 

the ongoing coronavirus (COVID–19) 

pandemic. DOE is currently suspending 

receipt of public comments via postal 

mail and hand delivery/courier. If a 

commenter finds that this change poses 

an undue hardship, please contact 

Appliance Standards Program staff at 

(202) 586–1445 to discuss the need for 

alternative arrangements. Once the 

COVID–19 pandemic health emergency 

is resolved, DOE anticipates resuming 

all of its regular options for public 

comment submission, including postal 

mail and hand delivery/courier. 

To inform interested parties and to 

facilitate this rulemaking process, DOE 

has prepared an agenda, a preliminary 

TSD, and briefing materials, which are 

available on the DOE website at: 

www1.eere.energy.gov/buildings/ 

appliance_standards/ 

standards.aspx?productid=32. 

Docket: The docket for this activity, 

which includes Federal Register 

notices, comments, and other 

supporting documents/materials, is 

available for review at 

www.regulations.gov. All documents in 

the docket are listed in the 

www.regulations.gov index. However, 

not all documents listed in the index 

may be publicly available, such as those 

containing information that is exempt 

from public disclosure. 

The docket web page can be found at 

www.regulations.gov/docket/EERE2017-BT-STD-0019. The docket web 

page contains instructions on how to 

access all documents, including public 

comments, in the docket. See section IV 

(Public Participation) for information on 

how to submit comments through 

www.regulations.gov. 

FOR FURTHER INFORMATION CONTACT: 

Ms. Julia Hegarty, U.S. Department of 

Energy, Office of Energy Efficiency and 

Renewable Energy, Building 

Technologies Office, EE–5B, 1000 

Independence Avenue SW, Washington, 

DC 20585–0121. Telephone: (240) 597– 

6737. Email: 

ApplianceStandardsQuestions@

ee.doe.gov. 

Mr. Eric Stas, U.S. Department of 

Energy, Office of the General Counsel, 

GC–33, 1000 Independence Avenue SW, 

Washington, DC 20585–0121. 

Telephone: (202) 586–5827. Email: 

Eric.Stas@hq.doe.gov. 

For further information on how to 

submit a comment, review other public 

comments and the docket, or participate 

in the public meeting webinar, contact 

the Appliance and Equipment 

Standards Program staff at (202) 287– 

1445 or by email: 

ApplianceStandardsQuestions@

ee.doe.gov. 

SUPPLEMENTARY INFORMATION: 

Table of Contents 

I. Introduction 

A. Authority 

B. Rulemaking Process 

C. Deviation From Appendix A 

II. Background 

A. Current Standards 

B. Current Process 

III. Summary of the Analyses Performed by 

DOE 

A. Engineering Analysis 

B. Mark-Ups Analysis 

C. Energy Use Analysis 

D. Life-Cycle Cost and Payback Period 

Analyses 

E. National Impact Analysis 

F. Other Analyses 

IV. Public Participation 

A. Participation in the Webinar 

B. Procedure for Submitting Prepared 

General Statements for Distribution 

C. Conduct of the Webinar 


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11328 Federal Register / Vol. 87, No. 40 / Tuesday, March 1, 2022 / Proposed Rules 

1All references to EPCA in this document refer 

to the statute as amended through the Infrastructure 

Investment and Jobs Act, Public Law 117–58 (Nov. 

15, 2021). 

2For editorial reasons, upon codification in the 

U.S. Code, Part B was redesignated Part A. 

3The requirement for a consumer water heater 

test procedure using uniform energy factor as a 

metric, as well as the requirement for DOE to 

undertake a conversion factor rulemaking to 

translate existing consumer water heater standards 

denominated in terms of EF to ones denominated 

in terms of UEF, were part of the amendments to 

EPCA contained in the American Energy 

Manufacturing Technical Corrections Act 

(AEMTCA), Public Law 112–210 (Dec. 18, 2012). 

4See 86 FR 70892, 70901 (Dec. 13, 2021). 

5The FFC metric is discussed in DOE’s statement 

of policy and notice of policy amendment. 76 FR 

51282 (Aug. 18, 2011), as amended at 77 FR 49701 

(Aug. 17, 2012). 

D. Submission of Comments 

V. Approval of the Office of the Secretary 

I. Introduction 

A. Authority 

The Energy Policy and Conservation 

Act, as amended (EPCA),1 Public Law 

94–163 (42 U.S.C. 6291–6317, as 

codified), authorizes DOE to regulate the 

energy efficiency of a number of 

consumer products and certain 

industrial equipment. Title III, Part B 2

of EPCA established the Energy 

Conservation Program for Consumer 

Products Other Than Automobiles. (42 

U.S.C. 6291–6309) These products 

include consumer water heaters, the 

subject of this document. (42 U.S.C. 

6292(a)(4)) 

EPCA prescribed energy conservation 

standards for these products (42 U.S.C. 

6295(e)(1)), and the statute directed 

DOE to conduct two cycles of 

rulemakings to determine whether to 

amend these standards (42 U.S.C. 

6295(e)(4)). EPCA further provides that, 

not later than 6 years after the issuance 

of any final rule establishing or 

amending a standard, DOE must publish 

either a notification of determination 

that standards for the product do not 

need to be amended, or a notice of 

proposed rulemaking (NOPR) including 

new proposed energy conservation 

standards (proceeding to a final rule, as 

appropriate). (42 U.S.C. 6295(m)(1)) Not 

later than three years after issuance of 

a final determination not to amend 

standards, DOE must publish either a 

notice of determination that standards 

for the product do not need to be 

amended, or a NOPR including new 

proposed energy conservation standards 

(proceeding to a final rule, as 

appropriate). (42 U.S.C. 6295(m)(3)(B)) 

DOE completed the first of these 

rulemaking cycles on January 17, 2001, 

by publishing in the Federal Register a 

final rule amending the energy 

conservation standards for consumer 

water heaters. 66 FR 4474 (establishing 

amended standards with a requirement 

for compliance starting on January 20, 

2004) (January 2001 Final Rule). 

Subsequently, DOE completed the 

second rulemaking cycle to amend the 

standards for consumer water heaters by 

publishing a final rule in the Federal 

Register on April 16, 2010. 75 FR 20112 

(establishing amended consumer water 

heater standards with a requirement for 

compliance starting on April 16, 2015) 

(April 2010 Final Rule). As directed by 

later amendments to EPCA 3 (see 42 

U.S.C. 6295(e)(5)(B)), on July 11, 2014, 

DOE published in the Federal Register 

a final rule amending the test procedure 

for consumer water heaters to change 

the efficiency metric from energy factor 

(EF) to uniform energy factor (UEF). 79 

FR 40542. The existing EF-based energy 

conservation standards were then 

translated from EF to UEF in a separate 

DOE conversion factor final rule 

published in the Federal Register on 

December 29, 2016, that established a 

method for converting EF to UEF for 

water heater basic models that were 

previously in existence. 81 FR 96204 

(December 2016 Conversion Factor 

Final Rule). The current energy 

conservation standards for consumer 

water heaters are located in the Code of 

Federal Regulations (CFR) at 10 CFR 

430.32(d) and are set forth in Table II.1 

in section A of this document. The 

currently applicable DOE test 

procedures for consumer water heaters 

appear at 10 CFR part 430, subpart B, 

appendix E (Appendix E). 

Pursuant to EPCA, any new or 

amended energy conservation standard 

must be designed to achieve the 

maximum improvement in energy 

efficiency that DOE determines is 

technologically feasible and 

economically justified. (42 U.S.C. 

6295(o)(2)(A)) Furthermore, the new or 

amended standard must result in a 

significant conservation of energy. (42 

U.S.C. 6295(o)(3)(B)) 

DOE is publishing this preliminary 

analysis to collect data and information 

to inform its decision consistent with its 

obligations under EPCA. 

B. Rulemaking Process 

DOE must follow specific statutory 

criteria for prescribing new or amended 

standards for covered products, 

including consumer water heaters. As 

noted, EPCA requires that any new or 

amended energy conservation standard 

prescribed by the Secretary of Energy 

(Secretary) be designed to achieve the 

maximum improvement in energy 

efficiency (or water efficiency for certain 

products specified by EPCA) that is 

technologically feasible and 

economically justified. (42 U.S.C. 

6295(o)(2)(A)) Furthermore, DOE may 

not adopt any standard that would not 

result in significant conservation of 

energy. (42 U.S.C. 6295(o)(3)(B)) 

The significance of energy savings 

offered by a new or amended energy 

conservation standard cannot be 

determined without knowledge of the 

specific circumstances surrounding a 

given rulemaking.4 For example, the 

United States rejoined the Paris 

Agreement on February 19, 2021. As 

part of that agreement, the United States 

has committed to reducing greenhouse 

gas (GHG) emissions in order to limit 

the rise in mean global temperature. As 

such, energy savings that reduce GHG 

emissions have taken on greater 

importance. Additionally, some covered 

products and equipment have most of 

their energy consumption occur during 

periods of peak energy demand. The 

impacts of these products on the U.S. 

energy infrastructure can be more 

pronounced than those of products with 

relatively constant demand. In 

evaluating the significance of energy 

savings, DOE considers differences in 

not only site energy use, but also 

primary energy and full-fuel-cycle (FFC) 

effects for different covered products 

and equipment when determining 

whether energy savings are significant. 

Primary energy and FFC effects include 

the energy consumed in electricity 

production (depending on load shape), 

in distribution and transmission, and in 

extracting, processing, and transporting 

primary fuels (i.e., coal, natural gas, 

petroleum fuels), and, thus, present a 

more complete picture of the impacts of 

energy conservation standards.5

Accordingly, DOE evaluates the 

significance of energy savings on a caseby-case basis. 

To determine whether a proposed 

new or amended energy conservation 

standard is economically justified, 

EPCA requires that DOE determine 

whether the benefits of the standard 

exceed its burdens by considering, to 

the greatest extent practicable, the 

following seven factors: 

(1) The economic impact of the standard 

on the manufacturers and consumers of the 

products subject to the standard; 

(2) The savings in operating costs 

throughout the estimated average life of the 

covered products in the type (or class) 

compared to any increase in the price, initial 

charges, or maintenance expenses for the 

covered products that are likely to result 

from the standard; 

(3) The total projected amount of energy (or 

as applicable, water) savings likely to result 

directly from the standard; 


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6Currently, in compliance with the preliminary 

injunction issued on February 11, 2022, in 

Louisiana v. Biden, No. 21–cv–1074–JDC–KK (W.D. 

La.), DOE is not monetizing the costs of greenhouse 

gas emissions. 

(4) Any lessening of the utility or the 

performance of the products likely to result 

from the standard; 

(5) The impact of any lessening of 

competition, as determined in writing by the 

Attorney General, that is likely to result from 

the standard; 

(6) The need for national energy and water 

conservation; and 

(7) Other factors the Secretary of Energy 

considers relevant. 

(42 U.S.C. 6295(o)(2)(B)(i)(I)–(VII)) 

DOE fulfills these and other 

applicable requirements by conducting 

a series of analyses throughout the 

rulemaking process. Table I.1 shows the 

individual analyses that are performed 

to satisfy each of the requirements 

within EPCA. 

TABLE I.1—EPCA REQUIREMENTS AND CORRESPONDING DOE ANALYSIS

EPCA requirement Corresponding DOE analysis 

Significant Energy Savings ....................................................................................... • Shipments Analysis. 

• National Impact Analysis. 

• Energy Analysis. 

Technological Feasibility ........................................................................................... • Market and Technology Assessment. 

• Screening Analysis. 

• Engineering Analysis. 

Economic Justification: 

1. Economic impact on manufacturers and consumers .................................... • Manufacturer Impact Analysis. 

• Life-Cycle Cost and Payback Period Analysis. 

• Life-Cycle Cost Subgroup Analysis. 

• Shipments Analysis. 

2. Lifetime operating cost savings compared to increased cost for the product • Mark-ups for Product Price Analysis. 

• Energy Analysis. 

• Life-Cycle Cost and Payback Period Analysis. 

3. Total projected energy savings ..................................................................... • Shipments Analysis. 

• National Impact Analysis. 

4. Impact on utility or performance .................................................................... • Screening Analysis. 

• Engineering Analysis. 

5. Impact of any lessening of competition ......................................................... • Manufacturer Impact Analysis. 

6. Need for national energy and water conservation ........................................ • Shipments Analysis. 

• National Impact Analysis. 

7. Other factors the Secretary considers relevant ............................................. • Employment Impact Analysis. 

• Utility Impact Analysis. 

• Emissions Analysis. 

• Monetization of Emission Reductions Benefits.6

• Regulatory Impact Analysis. 

Further, EPCA establishes a rebuttable 

presumption that a standard is 

economically justified if the Secretary 

finds that the additional cost to the 

consumer of purchasing a product 

complying with an energy conservation 

standard level will be less than three 

times the value of the energy savings 

during the first year that the consumer 

will receive as a result of the standard, 

as calculated under the applicable test 

procedure. (42 U.S.C. 6295(o)(2)(B)(iii)) 

EPCA also contains what is known as 

an ‘‘anti-backsliding’’ provision, which 

prevents the Secretary from prescribing 

any amended standard that either 

increases the maximum allowable 

energy use or decreases the minimum 

required energy efficiency of a covered 

product. (42 U.S.C. 6295(o)(1)) Also, the 

Secretary may not prescribe an amended 

or new standard if interested persons 

have established by a preponderance of 

the evidence that the standard is likely 

to result in the unavailability in the 

United States in any covered product 

type (or class) of performance 

characteristics (including reliability), 

features, sizes, capacities, and volumes 

that are substantially the same as those 

generally available in the United States. 

(42 U.S.C. 6295(o)(4)) 

Additionally, EPCA specifies 

requirements when promulgating an 

energy conservation standard for a 

covered product that has two or more 

subcategories. DOE must specify a 

different standard level for a type or 

class of product that has the same 

function or intended use, if DOE 

determines that products within such 

group: (A) Consume a different kind of 

energy from that consumed by other 

covered products within such type (or 

class); or (B) have a capacity or other 

performance-related feature which other 

products within such type (or class) do 

not have and such feature justifies a 

higher or lower standard. (42 U.S.C. 

6295(q)(1)) In determining whether a 

performance-related feature justifies a 

different standard for a group of 

products, DOE must consider such 

factors as the utility to the consumer of 

the feature and other factors DOE deems 

appropriate. Id. Any rule prescribing 

such a standard must include an 

explanation of the basis on which such 

higher or lower level was established. 

(42 U.S.C. 6295(q)(2)) 

Finally, pursuant to the amendments 

to EPCA contained in the Energy 

Independence and Security Act of 2007 

(EISA 2007), Public Law 110–140, any 

final rule for new or amended energy 

conservation standards promulgated 

after July 1, 2010, is required to address 

standby mode and off mode energy use. 

(42 U.S.C. 6295(gg)(3)) Specifically, 

when DOE adopts a standard for a 

covered product after that date, it must, 

if justified by the criteria for adoption of 

standards under EPCA (42 U.S.C. 

6295(o)), incorporate standby mode and 

off mode energy use into a single 

standard, or, if that is not feasible, adopt 

a separate standard for such energy use 

for that product. (42 U.S.C. 

6295(gg)(3)(A)–(B)) DOE’s current test 

procedures for consumer water heaters 

address standby mode and off mode 

energy use. In this rulemaking, DOE 

intends to incorporate such energy use 

into any amended energy conservation 

standards it adopts in the final rule. 

Before proposing a standard, DOE 

typically seeks public input on the 

analytical framework, models, and tools 


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11330 Federal Register / Vol. 87, No. 40 / Tuesday, March 1, 2022 / Proposed Rules 

that DOE intends to use to evaluate 

potential standards for the product at 

issue and the results of preliminary 

analyses DOE performed for the 

product. 

DOE is examining whether to amend 

the current energy conservation 

standards for consumer water heaters 

pursuant to its obligations under EPCA. 

This document announces the 

availability of the preliminary TSD, 

which details the preliminary analyses 

and summarizes the preliminary results 

of DOE’s analyses. In addition, DOE is 

announcing a public meeting webinar to 

solicit feedback from interested parties 

on its analytical framework, models, 

and preliminary results. 

C. Deviation from Appendix A 

In accordance with section 3(a) of 10 

CFR part 430, subpart C, appendix A 

(‘‘appendix A’’), DOE notes that it is 

deviating from the provision in 

appendix A regarding the pre-NOPR 

stages for an energy conservation 

standards rulemaking. See 86 FR 70892 

(Dec. 13, 2021) (effective January 12, 

2022). Section 6(a)(2) of appendix A 

states that if the Department determines 

it is appropriate to proceed with a 

rulemaking, the preliminary stages of a 

rulemaking to issue or amend an energy 

conservation standard that DOE will 

undertake will be a framework 

document and preliminary analysis, or 

an advance notice of proposed 

rulemaking. 

DOE is opting to deviate from this 

step by publishing a preliminary 

analysis without a framework 

document. A framework document is 

intended to introduce and summarize 

the various analyses DOE conducts 

during the rulemaking process and 

requests initial feedback from interested 

parties. As discussed further in section 

B, prior to this notification of the 

preliminary analysis DOE published a 

request for information (‘‘RFI’’) in which 

DOE identified and sought comment on 

the analyses conducted in support of the 

most recent energy conservation 

standards rulemakings. 85 FR 30853 

(May 21, 2020; ‘‘May 2020 RFI’’). 

Specifically, in the May 2020 RFI, DOE 

sought data and information as to 

whether any new or amended rule 

would be cost effective, economically 

justified, technologically feasible, or 

would result in a significant savings of 

energy. 85 FR 30853, 30855. DOE sought 

such data and information to assist in its 

consideration of whether (and if so, 

how) to amend the standards for 

consumer water heater. Id. Further, DOE 

provided an overview of the analysis it 

would use to evaluate new or amended 

energy conservation standards, 

including references to and requests for 

comment on the analyses conducted as 

part of the most recent energy 

conservation standards rulemakings. 

See 85 FR 30853, 30859–30877. As DOE 

is intending to rely on substantively the 

same analytical methods as in the most 

recent rulemaking, publication of a 

framework document would be largely 

redundant with the published May 2020 

RFI. As such, DOE is not publishing a 

framework document. 

Section 6(d)(2) of appendix A 

provides that the length of the public 

comment period for pre-NOPR 

rulemaking documents will vary 

depending upon the circumstances of 

the particular rulemaking, but will not 

be less than 75 calendar days. For this 

preliminary analysis, DOE has opted to 

provide a 60-day comment period. As 

stated, DOE requested comment in the 

May 2020 RFI on the previous energy 

conservation standards analyses. For 

this preliminary analysis, DOE has 

relied on many of the same analytical 

assumptions and approaches as used in 

the previous rulemaking and has 

determined that a 60-day comment 

period in conjunction with the prior 

comment period for the May 2020 RFI 

provides sufficient time for interested 

parties to review the preliminary 

analysis and develop comments. 

II. Background 

A. Current Standards 

In a final rule published in the 

Federal Register on April 16, 2010 

(April 2010 Final Rule), DOE prescribed 

the current energy conservation 

standards for consumer water heaters, 

which are applicable to such products 

manufactured on and after April 16, 

2015. 75 FR 20111, 20234. 

As explained in section A of this 

document, DOE published the 

December 2016 Conversion Factor Final 

Rule in the Federal Register (81 FR 

96204 (Dec. 29, 2016)) to convert 

standards based on EF to standards 

based on UEF, the metric produced by 

the amended test procedure established 

by the July 2014 Final Rule (79 FR 

40542 (July 11, 2014)). These standards 

are set forth in DOE’s regulations at 10 

CFR 430.32(d) and are repeated here in 

Table II.1. 

TABLE II.1—FEDERAL ENERGY CONSERVATION STANDARDS FOR CONSUMER WATER HEATERS

Product class 

Rated storage volume 

and input rating 

(if applicable) 

Draw pattern Uniform energy factor 

Gas-fired Storage Water Heater ..................................................... ≥20 gal and ≤55 gal Very Small ..... 0.3456¥(0.0020 × Vr). 

Low ................ 0.5982¥(0.0019 × Vr). 

Medium .......... 0.6483¥(0.0017 × Vr). 

High ............... 0.6920¥(0.0013 × Vr). 

>55 gal and ≤100 gal Very Small ..... 0.6470¥(0.0006 × Vr). 

Low ................ 0.7689¥(0.0005 × Vr). 

Medium .......... 0.7897¥(0.0004 × Vr). 

High ............... 0.8072¥(0.0003 × Vr). 

Oil-fired Storage Water Heater ....................................................... ≤50 gal Very Small ..... 0.2509¥(0.0012 × Vr). 

Low ................ 0.5330¥(0.0016 × Vr). 

Medium .......... 0.6078¥(0.0016 × Vr). 

High ............... 0.6815¥(0.0014 × Vr). 

Electric Storage Water Heater ........................................................ ≥20 gal and ≤55 gal Very Small ..... 0.8808¥(0.0008 × Vr). 

Low ................ 0.9254¥(0.0003 × Vr). 

Medium .......... 0.9307¥(0.0002 × Vr). 

High ............... 0.9349¥(0.0001 × Vr). 

>55 gal and ≤120 gal Very Small ..... 1.9236¥(0.0011 × Vr). 

Low ................ 2.0440¥(0.0011 × Vr). 

Medium .......... 2.1171¥(0.0011 × Vr). 

High ............... 2.2418¥(0.0011 × Vr). 

Tabletop Water Heater ................................................................... ≥20 gal and ≤120 gal Very Small ..... 0.6323¥(0.0058 × Vr). 

Low ................ 0.9188¥(0.0031 × Vr). 


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TABLE II.1—FEDERAL ENERGY CONSERVATION STANDARDS FOR CONSUMER WATER HEATERS—Continued 

Product class 

Rated storage volume 

and input rating 

(if applicable) 

Draw pattern Uniform energy factor 

Medium .......... 0.9577¥(0.0023 × Vr). 

High ............... 0.9884¥(0.0016 × Vr). 

Instantaneous Gas-fired Water Heater ........................................... <2 gal and >50,000 Btu/h Very Small ..... 0.80. 

Low ................ 0.81. 

Medium .......... 0.81. 

High ............... 0.81. 

Instantaneous Electric Water Heater .............................................. <2 gal Very Small ..... 0.91. 

Low ................ 0.91. 

Medium .......... 0.91. 

High ............... 0.92. 

Grid-Enabled Water Heater ............................................................ >75 gal Very Small ..... 1.0136¥(0.0028 × Vr). 

Low ................ 0.9984¥(0.0014 × Vr). 

Medium .......... 0.9853¥(0.0010 × Vr). 

High ............... 0.9720¥(0.0007 × Vr). 

* ‘‘Vr’’ is the Rated Storage Volume (in gallons), as determined pursuant to 10 CFR 429.17. 

As stated in section A of this 

document, EPCA, as amended, 

prescribed initial energy conservation 

standards for consumer water heaters, as 

shown in Table II.2. (42 U.S.C. 

6295(e)(1)) DOE notes that the statutory 

energy conservation standards apply to 

both storage and instantaneous 

consumer water heaters regardless of 

volume capacity. As such, the energy 

conservation standards shown in Table 

II.2 would cover the volume and input 

rate ranges not included in Table II.1. 

TABLE II.2—CONSUMER WATER HEATER ENERGY CONSERVATION STANDARDS PRESCRIBED BY EPCA 

Product class The energy factor shall be not less than the following for products manufactured on or after 

January 1, 1990 

Gas Water Heater ........................... 0.62¥(0.0019 × Rated Storage Volume in gallons). 

Oil Water Heater ............................. 0.59¥(0.0019 × Rated Storage Volume in gallons). 

Electric Water Heater ...................... 0.95¥(0.00132 × Rated Storage Volume in gallons). 

B. Current Process 

As stated, on May 21, 2020, DOE 

published notice in the Federal Register 

through a request for information that it 

was initiating a review to determine 

whether any new or amended standards 

for consumer water heaters would 

satisfy the relevant requirements of 

EPCA. 85 FR 30853. Specifically, 

through the published notice and RFI, 

DOE sought data and information that 

could enable the agency to determine 

whether DOE should propose a ‘‘no new 

standard’’ determination because a 

more-stringent standard: (1) Would not 

result in a significant savings of energy; 

(2) is not technologically feasible; (3) is 

not economically justified; or (4) any 

combination of foregoing. Id. at 85 FR 

30855. 

Comments received to date as part of 

the current process have helped DOE 

identify and resolve issues related to 

development of the preliminary 

analyses. Chapter 2 of the preliminary 

TSD summarizes and addresses the 

comments received. Further comments 

are requested throughout the 

preliminary TSD and executive 

summary. 

III. Summary of the Analyses 

Performed by DOE 

For the products covered in this 

preliminary analysis, DOE conducted 

in-depth technical analyses in the 

following areas: (1) Engineering; (2) 

mark-ups to determine product price; 

(3) energy use; (4) life cycle cost (LCC) 

and payback period (PBP); and (5) 

national impacts. The preliminary TSD 

that presents the methodology and 

results of each of these analyses is 

available at: www1.eere.energy.gov/ 

buildings/appliance_standards/ 

standards.aspx?productid=32. 

DOE also conducted, and has 

included in the preliminary TSD, 

several other analyses that support the 

major analyses or are preliminary 

analyses that will be expanded if DOE 

determines that a NOPR is warranted to 

propose new or amended energy 

conservation standards. These analyses 

include: (1) The market and technology 

assessment; (2) the screening analysis, 

which contributes to the engineering 

analysis; and (3) the shipments analysis, 

which contributes to the LCC and PBP 

analysis and the national impact 

analysis (NIA). In addition to these 

analyses, DOE has begun preliminary 

work on the manufacturer impact 

analysis and has identified the methods 

to be used for the consumer subgroup 

analysis, the emissions analysis, the 

employment impact analysis, the 

regulatory impact analysis, and the 

utility impact analysis. DOE will 

expand on these analyses in the NOPR, 

should one be issued. 

A. Engineering Analysis 

The purpose of the engineering 

analysis is to establish the relationship 

between the efficiency and cost of 

consumer water heaters. There are two 

elements to consider in the engineering 

analysis: (1) The selection of efficiency 

levels to analyze (i.e., the ‘‘efficiency 

analysis’’) and (2) the determination of 

product cost at each efficiency level 

(i.e., the ‘‘cost analysis’’). In determining 

the performance of higher-efficiency 

products, DOE considers technologies 

and design option combinations not 

eliminated by the screening analysis. 

For each product class, DOE estimates 

the baseline cost, as well as the 

incremental cost, for the product/ 

equipment at efficiency levels above the 

baseline. The output of the engineering 

analysis is a set of cost-efficiency 

‘‘curves’’ that are used in downstream 


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7Because the projected price of standardscompliant products is typically higher than the 

price of baseline products, using the same mark-up 

for the incremental cost and the baseline cost would 

result in higher per-unit operating profit. While 

such an outcome is possible, DOE maintains that in 

markets that are reasonably competitive, it is 

unlikely that standards would lead to a sustainable 

increase in profitability in the long run. 

8The NIA accounts for impacts in the 50 States 

and U.S. territories. 

analyses (i.e., the LCC and PBP analyses 

and the NIA). 

DOE converts the Manufacture 

Production Cost (MPC) to the 

manufacturer selling price (MSP) by 

applying a manufacturer mark-up. The 

MSP is the price the manufacturer 

charges its first customer, when selling 

into the consumer water heater 

distribution channels. The manufacturer 

mark-up accounts for manufacturer nonproduction costs and profit margin. DOE 

developed the manufacturer mark-up by 

examining publicly-available financial 

information for manufacturers of the 

covered product. 

See Chapter 5 of the preliminary TSD 

for additional detail on the engineering 

analysis and Chapter 12 of the 

preliminary TSD for additional detail on 

the manufacturer mark-up. 

B. Mark-Ups Analysis 

The mark-ups analysis develops 

appropriate mark-ups (e.g., retailer 

mark-ups, distributor mark-ups, 

contractor mark-ups) in the distribution 

chain and sales taxes to convert MSP 

estimates derived in the engineering 

analysis to consumer prices, which are 

then used in the LCC and PBP analysis. 

At each step in the distribution channel, 

companies mark up the price of the 

product to cover business costs and 

profit margin. 

DOE developed baseline and 

incremental markups for each actor in 

the distribution chain for consumer 

water heaters. Baseline mark-ups are 

applied to the price of products with 

baseline efficiency, while incremental 

mark-ups are applied to the difference 

in price between baseline and higherefficiency models (the incremental cost 

increase). The incremental mark-up is 

typically less than the baseline mark-up 

and is designed to maintain similar perunit operating profit before and after 

new or amended standards.7

Chapter 6 of the preliminary TSD 

provides details on DOE’s development 

of mark-ups for consumer water heaters. 

C. Energy Use Analysis 

The purpose of the energy use 

analysis is to determine the annual 

energy consumption of consumer water 

heaters at different efficiencies in 

representative U.S. single-family homes, 

multi-family residences, and 

commercial buildings, and to assess the 

energy savings potential of increased 

consumer water heater efficiency. The 

energy use analysis estimates the range 

of energy use of consumer water heaters 

in the field (i.e., as they are actually 

used by consumers). In addition, the 

energy use analysis provides the basis 

for other analyses DOE performed, 

particularly assessments of the energy 

savings and the savings in consumer 

operating costs that could result from 

adoption of amended or new energy 

conservation standards. 

Chapter 7 of the preliminary TSD 

addresses the energy use analysis. 

D. Life-Cycle Cost and Payback Period 

Analyses 

The effect of new or amended energy 

conservation standards on individual 

consumers usually involves a reduction 

in operating cost and an increase in 

purchase cost. DOE used the following 

two metrics to measure consumer 

impacts: 

• The LCC is the total consumer 

expense of an appliance or product over 

the life of that product, consisting of 

total installed cost (manufacturer selling 

price, distribution chain mark-ups, sales 

tax, and installation costs) plus 

operating costs (expenses for energy use, 

maintenance, and repair). To compute 

the operating costs, DOE discounts 

future operating costs to the time of 

purchase and sums them over the 

lifetime of the product. 

• The PBP is the estimated amount of 

time (in years) it takes consumers to 

recover the increased purchase cost 

(including installation) of a moreefficient product through lower 

operating costs. DOE calculates the PBP 

by dividing the change in purchase cost 

at higher efficiency levels by the change 

in annual operating cost for the year that 

amended or new standards are assumed 

to take effect. 

Chapter 8 of the preliminary TSD 

addresses the LCC and PBP analyses. 

E. National Impact Analysis 

The NIA estimates the national energy 

savings (NES) and the net present value 

(NPV) of total consumer costs and 

savings expected to result from 

amended standards at specific efficiency 

levels (referred to as candidate standard 

levels).8 DOE calculates the NES and 

NPV for the potential standard levels 

considered based on projections of 

annual product shipments, along with 

the annual energy consumption and 

total installed cost data from the energy 

use and LCC analyses. For the present 

analysis, DOE projected the energy 

savings, operating cost savings, product 

costs, and NPV of consumer benefits 

over the lifetime of consumer water 

heaters sold from 2030 through 2059. 

DOE evaluates the impacts of new or 

amended standards by comparing a case 

without such standards with standardscase projections. The no-new-standards 

case characterizes energy use and 

consumer costs for each product class in 

the absence of new or amended energy 

conservation standards. For this 

projection, DOE considers historical 

trends in efficiency and various forces 

that are likely to affect the mix of 

efficiencies over time. DOE compares 

the no-new-standards case with 

projections characterizing the market for 

each product class if DOE adopted new 

or amended standards at specific energy 

efficiency levels for that class. For each 

efficiency level, DOE considers how a 

given standard would likely affect the 

market shares of product with 

efficiencies greater than the standard. 

For the NIA, DOE uses a spreadsheet 

model to calculate the energy savings 

and the national consumer costs and 

savings from each efficiency level. 

Interested parties can review DOE’s 

analyses by changing various input 

quantities within the spreadsheet. The 

NIA spreadsheet model uses typical 

values (as opposed to probability 

distributions) as inputs. Critical inputs 

to this analysis include shipments 

projections, estimated product lifetimes, 

product installed costs and operating 

costs, product annual energy 

consumption, the base-case efficiency 

projection, product switching 

parameters, and discount rates. Chapter 

10 of the preliminary TSD addresses the 

NIA. 

F. Other Analyses 

As stated in section A of this 

document, EPCA does not prescribe 

storage volume or minimum input 

rating limits within its definition of 

consumer ‘‘water heater.’’ However, 

DOE’s energy conservation standards for 

consumer water heaters at 10 CFR 

430.32(d) do not include certain storage 

volume and input rating ranges. The 

storage volume and input rating ranges 

currently covered by the statutory 

standards at 42 U.S.C. 6295(e)(1) but not 

included in the list of energy 

conservation standards in DOE’s 

regulations at 10 CFR 430.32(d) are set 

forth in Table III.1. 


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9The January 2022 WH TP NOPR proposed to 

define ‘‘circulating water heater’’ at 10 CFR 430.2 

as an instantaneous or heat pump type water heater 

that does not have an operational scheme in which 

the burner, heating element, or compressor initiates 

and terminates heating based on sensing flow; has 

a water temperature sensor located at the inlet of 

the water heater or in a separate storage tank that 

is the primary means of initiating and terminating 

heating; and, must be used in combination with a 

recirculating pump and either a separate storage 

tank or water circulation loop in order to achieve 

the water flow and temperature conditions 

recommended in the manufacturer’s installation 

and operation instructions. 87 FR 1554, 1595 (Jan. 

11, 2022). 

10The January 2022 WH TP NOPR proposed to 

define a ‘‘low temperature water heater’’ as an 

electric instantaneous water heater that is not a 

circulating water heater and cannot deliver water at 

a temperature greater than or equal to the set point 

temperature specified in section 2.5 of appendix E 

to subpart B of this part when supplied with water 

at the supply water temperature specified in section 

2.3 of appendix E to subpart B of this part. 87 FR 

1554, 1595 (Jan. 11, 2022). 

TABLE III.1—CONSUMER WATER HEATERS WITHOUT UEF-BASED ENERGY CONSERVATION STANDARDS

Product class Rated storage volume and input rating 

(if applicable) 

Gas-fired Storage ..................................................................................... <20 gal. 

>100 gal. 

Oil-fired Storage ....................................................................................... >50 gal. 

Electric Storage ........................................................................................ <20 gal. 

>120 gal. 

Tabletop .................................................................................................... <20 gal. 

>120 gal. 

Gas-fired Instantaneous ........................................................................... <2 gal and ≤50,000 Btu/h. 

≥2 gal and ≤50 kBtu/h. 

≥2 gal and >50 kBtu/h. 

Oil-fired Instantaneous ............................................................................. All. 

Electric Instantaneous .............................................................................. ≥2 gal. 

In the December 2016 Conversion 

Factor Final Rule, DOE stated that it 

would not enforce the statutory 

standards (i.e., those prescribed by 

EPCA but are not codified in the CFR) 

applicable to the consumer water 

heaters that did not have a standard 

within the CFR until some point after 

DOE finalizes the conversion factor and 

the converted standards applicable to 

those products. 81 FR 96204, 96211 

(Dec. 29, 2016). DOE will consider and 

may establish energy conservation 

standards for these products in this 

rulemaking. See Chapter 5 of the 

preliminary TSD for additional detail on 

the conversion of the remaining EFbased standards established by EPCA to 

UEF-based standards. 

On January 11, 2022, DOE published 

a test procedure NOPR in the Federal 

Register which proposed new 

definitions for certain types of consumer 

water heaters. 87 FR 1554 (January 2022 

WH TP NOPR). These definitions 

included ‘‘circulating water heater’’ 9

and ‘‘low temperature water heater.’’ 10

These water heaters cannot be tested 

using the existing test procedure in 

Appendix E but can be tested using the 

proposed test procedures found in the 

January 2022 WH TP NOPR. See 

Chapter 5 of the preliminary TSD for 

additional detail on the product classes 

in which these products are covered and 

a discussion of the applicable energy 

conservation standards. 

IV. Public Participation 

DOE invites public engagement in this 

process through participation in the 

webinar and submission of written 

comments, data, and information. After 

the webinar and the closing of the 

comment period, DOE will consider all 

timely-submitted comments and 

additional information obtained from 

interested parties, as well as information 

obtained through further analyses. 

Following such consideration, the 

Department will publish either a 

determination that the energy 

conservation standards for consumer 

water heaters need not be amended or 

a NOPR proposing to amend those 

standards. The NOPR, should one be 

issued, would include proposed energy 

conservation standards for the products 

covered by this rulemaking, and 

members of the public would be given 

an opportunity to submit written and 

oral comments on the proposed 

standards. 

A. Participation in the Webinar 

The time and date of the webinar 

meeting are listed in the DATES section 

at the beginning of this document. 

Webinar registration information, 

participant instructions, and 

information about the capabilities 

available to webinar participants will be 

published on DOE’s website: 

www1.eere.energy.gov/buildings/ 

appliance_standards/standards.aspx?

productid=32. Participants are 

responsible for ensuring their systems 

are compatible with the webinar 

software. 

B. Procedure for Submitting Prepared 

General Statements for Distribution 

Any person who has an interest in the 

topics addressed in this document, or 

who is representative of a group or class 

of persons that has an interest in these 

issues, may request an opportunity to 

make an oral presentation at the public 

meeting webinar. Such persons may 

submit requests to speak via email to the 

Appliance and Equipment Standards 

Program at: ApplianceStandards

Questions@ee.doe.gov. Persons who 

wish to speak should include with their 

request a computer file in Microsoft 

Word, PDF, or text (ASCII) file format 

that briefly describes the nature of their 

interest in this rulemaking and the 

topics they wish to discuss. Such 

persons should also provide a daytime 

telephone number where they can be 

reached. 

Persons requesting to speak should 

briefly describe the nature of their 

interest in this rulemaking and provide 

a telephone number for contact. DOE 

requests persons selected to make an 

oral presentation to submit an advance 

copy of their statements at least two 

weeks before the public meeting 

webinar. At its discretion, DOE may 

permit persons who cannot supply an 

advance copy of their statement to 

participate, if those persons have made 

advance alternative arrangements with 

the Building Technologies Office. As 

necessary, requests to give an oral 

presentation should ask for such 

alternative arrangements. 

C. Conduct of the Webinar 

DOE will designate a DOE official to 

preside at the public meeting webinar 

and may also use a professional 

facilitator to aid discussion. The 

webinar will not be a judicial or 

evidentiary-type public hearing, but 

DOE will conduct it in accordance with 

section 336 of EPCA (42 U.S.C. 6306). A 

court reporter will be present to record 


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the proceedings and prepare a 

transcript. DOE reserves the right to 

schedule the order of presentations and 

to establish the procedures governing 

the conduct of the public meeting 

webinar. There shall not be discussion 

of proprietary information, costs or 

prices, market share, or other 

commercial matters regulated by U.S. 

anti-trust laws. After the public meeting 

webinar and until the end of the 

comment period, interested parties may 

submit further comments on the 

proceedings and any aspect of the 

rulemaking. 

The public meeting webinar will be 

conducted in an informal, conference 

style. DOE will present a general 

overview of the topics addressed in this 

rulemaking, allow time for prepared 

general statements by participants, and 

encourage all interested parties to share 

their views on issues affecting this 

rulemaking. Each participant will be 

allowed to make a general statement 

(within time limits determined by DOE), 

before the discussion of specific topics. 

DOE will allow, as time permits, other 

participants to comment briefly on any 

general statements. 

At the end of all prepared statements 

on a topic, DOE will permit participants 

to clarify their statements briefly and 

comment on statements made by others. 

Participants should be prepared to 

answer questions by DOE and by other 

participants concerning these issues. 

DOE representatives may also ask 

questions of participants concerning 

other matters relevant to this 

rulemaking. The official conducting the 

public meeting webinar will accept 

additional comments or questions from 

those attending, as time permits. The 

presiding official will announce any 

further procedural rules or modification 

of the above procedures that may be 

needed for the proper conduct of the 

public meeting webinar. 

A transcript of the public meeting 

webinar will be included in the docket, 

which can be viewed as described in the 

Docket section at the beginning of this 

document. In addition, any person may 

buy a copy of the transcript from the 

transcribing reporter. 

D. Submission of Comments 

DOE invites all interested parties, 

regardless of whether they participate in 

the public meeting webinar, to submit 

in writing no later than the date 

provided in the DATES section at the 

beginning of this document, comments, 

data, and information on matters 

addressed in this notification and on 

other matters relevant to DOE’s 

consideration of potential amended 

energy conservations standards for 

consumer water heaters. Interested 

parties may submit comments, data, and 

other information using any of the 

methods described in the ADDRESSES

section at the beginning of this 

document. 

Submitting comments via 

www.regulations.gov. The 

www.regulations.gov web page will 

require you to provide your name and 

contact information. Your contact 

information will be viewable to DOE 

Building Technologies staff only. Your 

contact information will not be publicly 

viewable except for your first and last 

names, organization name (if any), and 

submitter representative name (if any). 

If your comment is not processed 

properly because of technical 

difficulties, DOE will use this 

information to contact you. If DOE 

cannot read your comment due to 

technical difficulties and cannot contact 

you for clarification, DOE may not be 

able to consider your comment. 

However, your contact information 

will be publicly viewable if you include 

it in the comment itself or in any 

documents attached to your comment. 

Any information that you do not want 

to be publicly viewable should not be 

included in your comment, nor in any 

document attached to your comment. If 

this instruction is followed, persons 

viewing comments will see only first 

and last names, organization names, 

correspondence containing comments, 

and any documents submitted with the 

comments. 

Do not submit to 

www.regulations.gov. information for 

which disclosure is restricted by statute, 

such as trade secrets and commercial or 

financial information (hereinafter 

referred to as Confidential Business 

Information (CBI)). Comments 

submitted through www.regulations.gov 

cannot be claimed as CBI. Comments 

received through the website will waive 

any CBI claims for the information 

submitted. For information on 

submitting CBI, see the Confidential 

Business Information section. 

DOE processes submissions made 

through www.regulations.gov before 

posting. Normally, comments will be 

posted within a few days of being 

submitted. However, if large volumes of 

comments are being processed 

simultaneously, your comment may not 

be viewable for up to several weeks. 

Please keep the comment tracking 

number that www.regulations.gov 

provides after you have successfully 

uploaded your comment. 

Submitting comments via email. 

Comments and documents submitted 

via email also will be posted to 

www.regulations.gov. If you do not want 

your personal contact information to be 

publicly viewable, do not include it in 

your comment or any accompanying 

documents. Instead, provide your 

contact information in a cover letter. 

Include your first and last names, email 

address, telephone number, and 

optional mailing address. The cover 

letter will not be publicly viewable as 

long as it does not include any 

comments. 

Include contact information each time 

you submit comments, data, documents, 

and other information to DOE. No 

telefacsimiles (faxes) will be accepted. 

Comments, data, and other 

information submitted to DOE 

electronically should be provided in 

PDF (preferred), Microsoft Word or 

Excel, or text (ASCII) file format. 

Provide documents that are not secured, 

that are written in English, and that are 

free of any defects or viruses. 

Documents should not contain special 

characters or any form of encryption 

and, if possible, they should carry the 

electronic signature of the author. 

Campaign form letters. Please submit 

campaign form letters by the originating 

organization in batches of between 50 to 

500 form letters per PDF or as one form 

letter with a list of supporters’ names 

compiled into one or more PDFs. This 

reduces comment processing and 

posting time. 

Confidential Business Information. 

Pursuant to 10 CFR 1004.11, any person 

submitting information that he or she 

believes to be confidential and exempt 

by law from public disclosure should 

submit via email two well-marked 

copies: One copy of the document 

marked ‘‘Confidential’’ including all the 

information believed to be confidential, 

and one copy of the document marked 

‘‘non-confidential’’ with the information 

believed to be confidential deleted. DOE 

will make its own determination about 

the confidential status of the 

information and treat it according to its 

determination. 

It is DOE’s policy that all comments 

may be included in the public docket, 

without change and as received, 

including any personal information 

provided in the comments (except 

information deemed to be exempt from 

public disclosure). 

V. Approval of the Office of the 

Secretary 

The Secretary of Energy has approved 

publication of this notification of 

availability of the preliminary technical 

support document and request for 

comment. 


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Federal Register / Vol. 87, No. 40 / Tuesday, March 1, 2022 / Proposed Rules 11335 

Signing Authority 

This document of the Department of 

Energy was signed on February 13, 

2022, by Kelly J. Speakes-Backman, 

Principal Deputy 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 February 22, 

2022. 

Treena V. Garrett, 

Federal Register Liaison Officer, U.S. 

Department of Energy. 

[FR Doc. 2022–04013 Filed 2–28–22; 8:45 am] 

BILLING CODE 6450–01–P 

DEPARTMENT OF ENERGY 

10 CFR Part 431 

[EERE–2018–BT–STD–0003] 

RIN 1904–AE42 

Energy Conservation Program: Energy 

Conservation Standards for Variable 

Refrigerant Flow Multi-Split Air 

Conditioners and Heat Pumps 

AGENCY: Office of Energy Efficiency and 

Renewable Energy, Department of 

Energy. 

ACTION: Notice of proposed rulemaking 

and request for comment. 

SUMMARY: In this document, the U.S. 

Department of Energy (‘‘DOE’’ or the 

‘‘Department’’) is proposing amended 

energy conservation standards for 

variable refrigerant flow (VRF) multisplit air conditioners and VRF multisplit system heat pumps (collectively 

referred to as ‘‘VRF multi-split 

systems’’) that rely on a new cooling 

efficiency metric and are equivalent to 

those levels specified in the industry 

standard. DOE has preliminarily 

determined that it lacks the clear and 

convincing evidence required by the 

statute to adopt standards more 

stringent than the levels specified in the 

industry standard. This document also 

announces a public meeting webinar to 

receive comment on these proposed 

standards and associated analyses and 

results. 

DATES:

Comments: DOE will accept 

comments, data, and information 

regarding this notice of proposed 

rulemaking (NOPR) no later than May 2, 

2022. See section VII, ‘‘Public 

Participation,’’ of this document for 

details. 

Comments regarding the likely 

competitive impact of the proposed 

standard should be sent to the 

Department of Justice contact listed in 

the ADDRESSES section on or before 

March 31, 2022. 

Meeting: DOE will hold a public 

meeting via webinar on Wednesday, 

March 23, 2022, from 1:00 p.m. to 4:00 

p.m. See section VII, ‘‘Public 

Participation,’’ for webinar registration 

information, participant instructions, 

and information about the capabilities 

available to webinar participants. 

ADDRESSES: Interested persons are 

encouraged to submit comments using 

the Federal eRulemaking Portal at 

www.regulations.gov. Follow the 

instructions for submitting comments. 

Alternatively, interested persons may 

submit comments, identified by docket 

number EERE–2018–BT–STD–0003, by 

any of the following methods: 

(1) Federal eRulemaking Portal: 

www.regulations.gov. Follow the 

instructions for submitting comments. 

(2) Email: to 

multisplitachp2018std0003@ee.doe.gov. 

Include docket number EERE–2018–BT– 

STD–0003 in the subject line of the 

message. 

No telefacsimiles (faxes) will be 

accepted. For detailed instructions on 

submitting comments and additional 

information on this process, see section 

VII of this document (Public 

Participation). 

Although DOE has routinely accepted 

public comment submissions through a 

variety of mechanisms, including postal 

mail and hand delivery/courier, the 

Department has found it necessary to 

make temporary modifications to the 

comment submission process in light of 

the ongoing corona virus (COVID–19) 

pandemic. DOE is currently suspending 

receipt of public comments via postal 

mail and hand delivery/courier. If a 

commenter finds that this change poses 

an undue hardship, please contact 

Appliance Standards Program staff at 

(202) 586–1445 to discuss the need for 

alternative arrangements. Once the 

COVID–19 pandemic health emergency 

is resolved, DOE anticipates resuming 

all of its regular options for public 

comment submission, including postal 

mail and hand delivery/courier. 

Docket: The docket for this activity, 

which includes Federal Register 

notices, comments, and other 

supporting documents/materials, is 

available for review at 

www.regulations.gov. All documents in 

the docket are listed in the 

www.regulations.gov index. However, 

not all documents listed in the index 

may be publicly available, such as 

information that is exempt from public 

disclosure. 

The docket web page can be found at: 

www.regulations.gov/ 

#!docketDetail;D=EERE-2018-BT-STD0003. The docket web page contains 

instructions on how to access all 

documents, including public comments, 

in the docket. See section VII (Public 

Participation) for information on how to 

submit comments through 

www.regulations.gov. 

Written comments regarding the 

burden-hour estimates or other aspects 

of the collection-of-information 

requirements contained in this proposed 

rule may be submitted to Office of 

Energy Efficiency and Renewable 

Energy following the instructions at 

www.RegInfo.gov. 

EPCA requires the U.S. Attorney 

General to provide DOE a written 

determination of whether the proposed 

standard is likely to lessen competition. 

The U.S. Department of Justice (DOJ) 

Antitrust Division invites input from 

market participants and other interested 

persons with views on the likely 

competitive impact of the proposed 

standard. Interested persons may 

contact the Antitrust Division at 

energy.standards@usdoj.gov on or 

before the date specified in the DATES

section. Please indicate in the ‘‘Subject’’ 

line of your email the title and Docket 

Number of this proposed rulemaking. 

FOR FURTHER INFORMATION CONTACT:

Ms. Catherine Rivest, U.S. Department 

of Energy, Office of Energy Efficiency 

and Renewable Energy, Building 

Technologies Office, EE–5B, 1000 

Independence Avenue SW, Washington, 

DC 20585–0121. Telephone: (202) 586– 

7335. Email: 

ApplianceStandardsQuestions@

ee.doe.gov. 

Mr. Eric Stas, U.S. Department of 

Energy, Office of the General Counsel, 

GC–33, 1000 Independence Avenue SW, 

Washington, DC 20585–0121. 

Telephone: (202) 586–5827. Email: 

Eric.Stas@hq.doe.gov. 

For further information on how to 

submit a comment, review other public 

comments and the docket, or participate 

in the public meeting webinar, contact 

the Appliance and Equipment 

Standards Program staff at (202) 287– 


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