26304 Federal Register / Vol. 87, No. 86 / Wednesday, May 4, 2022 / Proposed Rules 

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 April 29, 

2022. 

Treena V. Garrett, 

Federal Register Liaison Officer, U.S. 

Department of Energy. 

[FR Doc. 2022–09554 Filed 5–3–22; 8:45 am] 

BILLING CODE 6450–01–P 

DEPARTMENT OF ENERGY 

10 CFR Part 430 

[EERE–2019–BT–STD–0036] 

RIN 1904–AE82 

Energy Conservation Program: Energy 

Conservation Standards for Consumer 

Boilers 

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 boilers, 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 any other relevant 

issues. In addition, DOE encourages 

written comments on these subjects. 

DATES:

Comments: Written comments and 

information will be accepted on or 

before, July 5, 2022. 

Meeting: DOE will hold a public 

meeting webinar on Thursday, June 16, 

2022, from 1:00 p.m. to 4:00 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–2019–BT–STD–0036 

and/or RIN 1904–AE82, by any of the 

following methods: 

1. Federal eRulemaking Portal: 

www.regulations.gov. Follow the 

instructions for submitting comments. 

2. Email: ConsumerBoilers

2019STD0036@ee.doe.gov. Include 

docket number EERE–2019–BT–STD– 

0036 and/or RIN 1904–AE82 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. 

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/ 

#!docketDetail;D=EERE-2019-BT-STD0036. The docket web page contains 

instructions on how to access all 

documents, including public comments, 

in the docket. See section IV 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. Deviations from Appendix A 

II. Background 

A. Current Standards 

B. Current Process 

III. Summary of the Analyses Performed by 

DOE 

A. Market and Technology Assessment 

B. Screening Analysis 

C. Engineering Analysis 

D. Markups Analysis 

E. Energy Use Analysis 

F. Life-Cycle Cost and Payback Period 

Analyses 

G. National Impact Analysis 

IV. Public Participation 

A. Participation in the Public Meeting 

Webinar 

B. Procedure for Submitting Prepared 

General Statements for Distribution 

C. Conduct of the Public Meeting Webinar 

D. Submission of Comments 

V. Approval of the Office of the Secretary 


khammond on DSKJM1Z7X2PROD with PROPOSALS
Federal Register / Vol. 87, No. 86 / Wednesday, May 4, 2022 / Proposed Rules 26305 

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. 

3 DOE notes that consumer boilers are defined as 

a subcategory of covered consumer furnaces (see 42 

U.S.C. 6291(23)). 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 

51281 (August 18, 2011), as amended at 77 FR 

49701 (August 17, 2012). 

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 boilers, the subject of 

this document. (42 U.S.C. 6292(a)(5)) 3

EPCA prescribed energy conservation 

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

6295(f)(3)), and the statute directed DOE 

to conduct future rulemakings to 

determine whether to amend these 

standards. (42 U.S.C. 6295(f)(4)(C)) 

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)) 

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 boilers. 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 the significant conservation of 

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

Particularly in light of the climate 

crisis, 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 has now 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. 

The preliminary TSD details DOE’s 

analyses to estimate the amount of FFC 

energy savings which would be 

anticipated to result from 

technologically feasible improvements 

to consumer boiler efficiencies. Based 

on the amount of FFC savings, the 

corresponding reduction in emissions, 

and need to confront the global climate 

crisis, DOE has initially determined the 

energy savings estimated for the 

efficiency levels considered in this 

preliminary analysis are ‘‘significant’’ 

within the meaning of 42 U.S.C. 

6295(o)(3)(B). 

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; 

(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. 


khammond on DSKJM1Z7X2PROD with PROPOSALS
26306 Federal Register / Vol. 87, No. 86 / Wednesday, May 4, 2022 / Proposed Rules 

6On March 16, 2022, the Fifth Circuit Court of 

Appeals (No. 22–30087) granted the Federal 

government’s emergency motion for stay pending 

appeal of the February 11, 2022, preliminary 

injunction issued in Louisiana v. Biden, No. 21–cv– 

1074–JDC–KK (W.D. La.). As a result of the Fifth 

Circuit’s order, the preliminary injunction is no 

longer in effect, pending resolution of the federal 

government’s appeal of that injunction or a further 

court order. Among other things, the preliminary 

injunction enjoined the defendants in that case 

from ‘‘adopting, employing, treating as binding, or 

relying upon’’ the interim estimates of the social 

cost of greenhouse gases—which were issued by the 

Interagency Working Group on the Social Cost of 

Greenhouse Gases on February 26, 2021—to 

monetize the benefits of reducing greenhouse gas 

emissions. In the absence of further intervening 

court orders, DOE will revert to its approach prior 

to the injunction and present monetized benefits 

where appropriate and permissible under law. 

TABLE I.1—EPCA REQUIREMENTS AND CORRESPONDING DOE ANALYSIS

EPCA requirement Corresponding DOE analysis 

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

• National Impact Analysis. 

• Energy Use 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.

• Markups 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 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 boilers 

address standby mode and off mode 

energy use. In this rulemaking, DOE 

intends to consider such energy use in 

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 

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 boilers pursuant 


khammond on DSKJM1Z7X2PROD with PROPOSALS
Federal Register / Vol. 87, No. 86 / Wednesday, May 4, 2022 / Proposed Rules 26307 

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. Deviations From Appendix A 

In accordance with section 3(a) of 10 

CFR part 430, subpart C, appendix A 

(‘‘appendix A’’), ‘‘Procedures, 

Interpretations, and Policies for 

Consideration of New or Revised Energy 

Conservation Standards and Test 

Procedures for Consumer Products and 

Certain Commercial/Industrial 

Equipment,’’ 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). 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 

II.B of this document, prior to this 

notification of the preliminary analysis, 

DOE published an early assessment 

review and request for information 

(‘‘RFI’’) in the Federal Register in which 

DOE identified and sought comment on 

the analyses conducted in support of the 

most recent energy conservation 

standards rulemakings for consumer 

boilers. 86 FR 15804 (March 25, 2021; 

‘‘March 2021 Early Assessment Review 

RFI’’). In the March 2021 Early 

Assessment Review RFI, DOE sought 

data and information as to whether any 

new or amended rule would be costeffective, economically justified, 

technologically feasible, or would result 

in a significant savings of energy. Id. 

DOE sought such data and information 

to assist in its consideration of whether 

(and if so, how) to amend the standards 

for consumer boilers. 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. Id. 

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 March 2021 Early 

Assessment Review 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 

March 2021 Early Assessment Review 

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 

March 2021 Early Assessment Review 

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 January 15, 2016 

(‘‘January 2016 Final Rule’’), DOE 

prescribed the current energy 

conservation standards for consumer 

boilers, which are applicable to such 

products manufactured on and after 

January 15, 2021. 81 FR 2320, 2416– 

2417. These standards are set forth in 

the Code of Federal Regulations (CFR) at 

10 CFR 430.32(e)(2) and are repeated 

here in Table II.1. 

TABLE II.1—FEDERAL ENERGY CONSERVATION STANDARDS FOR CONSUMER BOILERS * 

Product class AFUE 

(percent) ** 

PW,SB

(watts) † 

PW,OFF

(watts) † Design requirements 

Gas-fired Hot Water ... 84 9 9 Constant-burning pilot not permitted. Automatic means for adjusting 

water temperature required (except for boilers equipped with 

tankless domestic water heating coils). 

Gas-fired Steam ......... 82 8 8 Constant-burning pilot not permitted. 

Oil-fired Hot Water ...... 86 11 11 Automatic means for adjusting temperature required (except for 

boilers equipped with tankless domestic water heating coils). 

Oil-fired Steam ............ 85 11 11 None. 

Electric Hot Water ...... None 8 8 Automatic means for adjusting temperature required (except for 

boilers equipped with tankless domestic water heating coils). 

Electric Steam ............ None 8 8 None. 

* A boiler that is manufactured to operate without any need for electricity or any electric connection, electric gauges, electric pumps, electric 

wires, or electric devices is not required to meet the AFUE or design requirements. Instead, such boilers must meet a minimum AFUE of 80 percent (for all classes except gas steam), and 75 percent for gas steam. 

** AFUE stands for Annual Fuel Utilization Efficiency, as determined in 10 CFR 430.23(n)(2). 

† PW,SB and PW,OFF stand for standby mode power consumption and off mode power consumption, respectively. 

B. Current Process 

On March 25, 2021, DOE published a 

notice in the Federal Register through a 

request for information (RFI) that it was 

initiating an early assessment review to 

determine whether any new or amended 

standards would satisfy the relevant 

requirements of EPCA for a new or 

amended energy conservation standard 

for consumer boilers. 86 FR 15804. 

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 


khammond on DSKJM1Z7X2PROD with PROPOSALS
26308 Federal Register / Vol. 87, No. 86 / Wednesday, May 4, 2022 / Proposed Rules 

7After receipt, DOE published the petition for 

rulemaking in the Federal Register for public 

comment. See 83 FR 54883 (Nov. 1, 2018). 

technologically feasible; (3) is not 

economically justified; or (4) any 

combination of foregoing. Id. 

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. 

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) 

markups 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=45. 

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 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. Market and Technology Assessment 

DOE develops information in the 

market and technology assessment that 

provides an overall picture of the 

market for the products concerned, 

including general characteristics of the 

products, the industry structure, 

manufacturers, market characteristics, 

and technologies used in the products. 

This activity includes both quantitative 

and qualitative assessments, based 

primarily on publicly-available 

information. The subjects addressed in 

the market and technology assessment 

include: (1) A determination of the 

scope of the rulemaking and product 

classes, (2) manufacturers and industry 

structure, (3) existing efficiency 

programs, (4) shipments information, (5) 

market and industry trends, and (6) 

technologies or design options that 

could improve the energy efficiency of 

the product. 

DOE would note here a number of 

recent statutory interpretations that had 

bearing on the market and technology 

assessment for consumer boilers. On 

January 15, 2021, in response to a 

petition for rulemaking 7 submitted by 

the American Public Gas Association, 

Spire, Inc., the Natural Gas Supply 

Association, the American Gas 

Association, and the National Propane 

Gas Association, DOE published a final 

interpretive rule (‘‘the January 2021 

Final Interpretive Rule’’) in the Federal 

Register which determined that, in the 

context of residential furnaces, 

commercial water heaters, and 

similarly-situated products/equipment 

(which would include consumer 

boilers), 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. 86 FR 

4776. 

In the March 2021 RFI, DOE sought 

information that would allow the 

agency to evaluate non-condensing 

technology (and the associated venting) 

consistent with the January 2021 Final 

Interpretive Rule, and whether separate 

product classes for non-condensing and 

condensing boilers is warranted. 86 FR 

15804, 15805–15806 (March 25, 2021). 

However, DOE has subsequently 

published a final interpretive rule that 

returns to the previous and longstanding interpretation (in effect prior to 

the January 15, 2021, final interpretive 

rule), under which the technology used 

to supply heated air or hot water is not 

a performance-related ‘‘feature’’ that 

provides a distinct consumer utility 

under EPCA. 86 FR 73947 (Dec. 29, 

2021). 

Accordingly, in conducting this 

preliminary analysis, DOE did not 

consider condensing technology to 

constitute a separate product class for 

consumer boilers. 

See chapter 3 of the preliminary TSD 

for further discussion of the market and 

technology assessment. 

B. Screening Analysis 

DOE uses the following five screening 

criteria to determine which technology 

options are suitable for further 

consideration in an energy conservation 

standards rulemaking: 

(1) Technological feasibility. 

Technologies that are not incorporated 

in commercial products or in working 

prototypes will not be considered 

further. 

(2) Practicability to manufacture, 

install, and service. If it is determined 

that mass production and reliable 

installation and servicing of a 

technology in commercial products 

could not be achieved on the scale 

necessary to serve the relevant market at 

the time of the projected compliance 

date of the standard, then that 

technology will not be considered 

further. 

(3) Impacts on product utility or 

product availability. If it is determined 

that a technology would have a 

significant adverse impact on the utility 

of the product for significant subgroups 

of consumers or would result in the 

unavailability of any covered product 

type with performance characteristics 

(including reliability), features, sizes, 

capacities, and volumes that are 

substantially the same as products 

generally available in the United States 

at the time, it will not be considered 

further. 

(4) Adverse impacts on health or 

safety. If it is determined that a 

technology would have significant 

adverse impacts on health or safety, it 

will not be considered further. 

(5) Unique-pathway proprietary 

technologies. If a design option utilizes 

proprietary technology that represents a 

unique pathway to achieving a given 

efficiency level, that technology will not 

be considered further due to the 

potential for monopolistic concerns. 

10 CFR part 430, subpart C, appendix 

A, sections 6(b)(3) and 7(b). 

If DOE determines that a technology, 

or a combination of technologies, fails to 

meet one or more of the listed five 

criteria, it will be excluded from further 

consideration in the engineering 

analysis. 

See chapter 4 of the preliminary TSD 

for further discussion of the screening 

analysis. 

C. Engineering Analysis 

The purpose of the engineering 

analysis is to establish the relationship 

between the efficiency and cost of 

consumer boilers. 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. 


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8Because the projected price of standardscompliant products is typically higher than the 

price of baseline products, using the same markup 

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. 

9The NIA accounts for impacts in the 50 States 

and U.S. territories. 

For each product class, DOE estimates 

the manufacturer production cost 

(‘‘MPC’’) for the baseline, as well as 

higher efficiency levels. The output of 

the engineering analysis is a set of costefficiency ‘‘curves’’ that are used in 

downstream analyses (i.e., the LCC and 

PBP analyses and the NIA). 

DOE converts the MPC to the 

manufacturer selling price (‘‘MSP’’) by 

applying a manufacturer markup. The 

MSP is the price the manufacturer 

charges its first customer when selling 

into the consumer boilers distribution 

channels. The manufacturer markup 

accounts for manufacturer nonproduction costs and profit margin. DOE 

developed the manufacturer markup 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. See chapter 12 of the 

preliminary TSD for additional detail on 

the manufacturer markup. 

D. Markups Analysis 

The markups analysis develops 

appropriate markups (e.g., retailer 

markups, distributor markups, 

contractor markups) 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 

boilers. Baseline markups are applied to 

the price of products with baseline 

efficiency, while incremental markups 

are applied to the difference in price 

between baseline and higher-efficiency 

models (the incremental cost increase). 

The incremental markup is typically 

less than the baseline markup and is 

designed to maintain similar per-unit 

operating profit before and after new or 

amended standards.8

Chapter 6 of the preliminary TSD 

provides details on DOE’s development 

of markups for consumer boilers. 

E. Energy Use Analysis 

The purpose of the energy use 

analysis is to determine the annual 

energy consumption of consumer 

boilers 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 boiler efficiency. The energy 

use analysis estimates the range of 

energy use of consumer boilers 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. 

F. 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 markups, 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. 

G. 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.9 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 boilers 

sold from 2030 through 2059. 

DOE evaluates the impacts of new or 

amended standards by comparing a case 

without such standards (‘‘no-newstandards case’’) with standards-case 

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, and discount rates. 

DOE estimates a combined total of 

approximately 0.70 quads of potential 

full-fuel-cycle (FFC) energy savings at 

the max-tech efficiency levels for 

consumer boilers. Combined potential 

FFC energy savings at Efficiency Level 

(EL) 1 for all consumer boiler product 

classes analyzed are estimated to be 

approximately 0.09 quads. 

Chapter 10 of the preliminary TSD 

addresses the NIA. 

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. 


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26310 Federal Register / Vol. 87, No. 86 / Wednesday, May 4, 2022 / Proposed Rules 

Following such consideration, the 

Department will publish either a 

determination that the energy 

conservation standards for consumer 

boilers 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 Public Meeting 

Webinar 

The time and date for 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=45. 

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: 

ApplianceStandardsQuestions@

ee.doe.gov. Persons who wish to speak 

should include with their request a 

computer file in WordPerfect, 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 Public Meeting 

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 

meeting 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 

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 boilers. 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 


khammond on DSKJM1Z7X2PROD with PROPOSALS
Federal Register / Vol. 87, No. 86 / Wednesday, May 4, 2022 / Proposed Rules 26311 

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, WordPerfect, 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. 

Signing Authority 

This document of the Department of 

Energy was signed on April 29, 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 April 29, 

2022. 

Treena V. Garrett, 

Federal Register Liaison Officer, U.S. 

Department of Energy. 

[FR Doc. 2022–09548 Filed 5–3–22; 8:45 am] 

BILLING CODE 6450–01–P 

DEPARTMENT OF HEALTH AND 

HUMAN SERVICES 

Food and Drug Administration 

21 CFR Parts 1162 and 1166 

[Docket Nos. FDA–2021–N–1349 and FDA– 

2021–N–1309] 

Proposed Regulations To Establish 

Tobacco Product Standards for 

Menthol in Cigarettes and 

Characterizing Flavors in Cigars: 

Listening Sessions; Public Meeting; 

Request for Comments 

AGENCY: Food and Drug Administration, 

Department of Health and Human 

Services (HHS). 

ACTION: Notification of public meeting; 

request for comments. 

SUMMARY: The Food and Drug 

Administration (FDA, the Agency, or 

we) is announcing the following virtual 

listening sessions entitled ‘‘Proposed 

Regulations to Establish Tobacco 

Product Standards for Menthol in 

Cigarettes and Characterizing Flavors in 

Cigars: Listening Sessions.’’ The 

purpose of the listening sessions is to 

discuss two proposed regulations that 

are published elsewhere in this issue of 

the Federal Register, a tobacco product 

standard that would prohibit menthol as 

a characterizing flavor in cigarettes 

(‘‘Tobacco Product Standard for 

Menthol in Cigarettes’’; Docket No. 

FDA–2021–N–1349) and a tobacco 

product standard that would prohibit 

characterizing flavors (other than 

tobacco) in all cigars (‘‘Tobacco Product 

Standard for Characterizing Flavors in 

Cigars’’; Docket No. FDA–2021–N– 

1309). FDA will provide information on 

the proposed rules to the public and 

provide the public an opportunity to 

provide open public comment. 

DATES: The listening sessions will be 

held on two separate days on June 13 

and 15, 2022. All requests to make open 

public comment must be received by 

June 6, 2022, at 11:59 p.m. Eastern 

Time. 

FDA reminds the public that, in 

addition to providing comments 

through these meetings, commenters 

may submit either electronic or written 

comments on one or both of the 

proposed rules set out in the SUMMARY

by July 5, 2022. See the SUPPLEMENTARY

INFORMATION section for registration date 

and information. 

ADDRESSES: Additional details, such as 

the time of the listening sessions and 

registration information, will be posted 

soon at https://www.fda.gov/tobaccoproducts. The listening sessions will be 

held virtually and more information 

will be posted here: https://

www.fda.gov/tobacco-products. 

You may submit written comments as 

follows. Please note that late, untimely 

filed comments will not be considered. 

The https://www.regulations.gov 

electronic filing system will accept 

comments until 11:59 p.m. Eastern Time 

at the end of July 5, 2022. Comments 

received by mail/hand delivery/courier 

(for written/paper submissions) will be 

considered timely if they are 

postmarked or the delivery service 

acceptance receipt is on or before that 

date. 

Electronic Submissions 

Submit electronic comments in the 

following way: 

• Federal eRulemaking Portal: 

https://www.regulations.gov. Follow the 

instructions for submitting comments. 

Comments submitted electronically, 

including attachments, to https://

www.regulations.gov will be posted to 

the docket unchanged. Because your 


khammond on DSKJM1Z7X2PROD with PROPOSALS