[Federal Register Volume 87, Number 116 (Thursday, June 16, 2022)]
[Proposed Rules]
[Pages 36249-36261]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-12787]


========================================================================
Proposed Rules
                                                Federal Register
________________________________________________________________________

This section of the FEDERAL REGISTER contains notices to the public of 
the proposed issuance of rules and regulations. The purpose of these 
notices is to give interested persons an opportunity to participate in 
the rule making prior to the adoption of the final rules.

========================================================================


Federal Register / Vol. 87, No. 116 / Thursday, June 16, 2022 / 
Proposed Rules

[[Page 36249]]



DEPARTMENT OF ENERGY

10 CFR Part 430

[EERE-2022-BT-STD-0018]
RIN 1904-AF37


Energy Conservation Program: Energy Conservation Standards for 
Direct Heating Equipment

AGENCY: Office of Energy Efficiency and Renewable Energy, Department of 
Energy.

ACTION: Request for information.

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SUMMARY: The U.S. Department of Energy (``DOE'') is initiating an 
effort to evaluate whether to establish energy conservation standards 
for a category of direct heating equipment (``DHE''), specifically 
consumer hearth heaters. This request for information (``RFI'') 
solicits information from the public to help DOE determine whether 
potential standards for consumer hearth heaters would result in 
significant energy savings and whether such standards would be 
technologically feasible and economically justified. DOE welcomes 
written comments from the public on any subject within the scope of 
this document (including topics not specifically raised), as well as 
the submission of data and other relevant information.

DATES: Written comments and information are requested and will be 
accepted on or before July 18, 2022.

ADDRESSES: Interested persons are encouraged to submit comments using 
the Federal eRulemaking Portal at www.regulations.gov,under docket 
number EERE-2022-BT-STD-0018. Follow the instructions for submitting 
comments. Alternatively, interested persons may submit comments, 
identified by docket number EERE-2022-BT-STD-0018 and/or RIN 1904-AF37, 
by any of the following methods:
    (1) Email: <a href="/cdn-cgi/l/email-protection#b1f9d4d0c3c5d9f9c5c3c283818383e2e5f581818089f1d4d49fd5ded49fd6dec7"><span class="__cf_email__" data-cfemail="c68ea3a7b4b2ae8eb2b4b5f4f6f4f4959282f6f6f7fe86a3a3e8a2a9a3e8a1a9b0">[email protected]</span></a>. Include docket number 
EERE-2022-BT-STD-0018 and/or RIN 1904-AF37 in the subject line of the 
message.
    (2) Postal Mail: Appliance and Equipment Standards Program, U.S. 
Department of Energy, Building Technologies Office, Mailstop EE-5B, 
1000 Independence Avenue SW, Washington, DC 20585-0121. Telephone: 
(202) 287-1445. If possible, please submit all items on a compact disc 
(``CD''), in which case it is not necessary to include printed copies.
    (3) Hand Delivery/Courier: Appliance and Equipment Standards 
Program, U.S. Department of Energy, Building Technologies Office, 950 
L'Enfant Plaza SW, 6th Floor, Washington, DC, 20024. Telephone: (202) 
287-1445. If possible, please submit all items on a CD, in which case 
it is not necessary to include printed copies.
    No telefacsimiles (``faxes'') will be accepted. For detailed 
instructions on submitting comments and additional information on this 
process, see section III of this document.
    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/EERE-2022-BT-STD-0018. The docket web page contains instructions on how 
to access all documents, including public comments, in the docket. See 
section III 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: 
<a href="/cdn-cgi/l/email-protection#98d9e8e8f4f1f9f6fbfdcbecf9f6fcf9eafcebc9edfdebecf1f7f6ebd8fdfdb6fcf7fdb6fff7ee"><span class="__cf_email__" data-cfemail="521322223e3b333c31370126333c363320362103273721263b3d3c211237377c363d377c353d24">[email protected]</span></a>.
    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: <a href="/cdn-cgi/l/email-protection#88cdfae1eba6dbfce9fbc8e0f9a6ece7eda6efe7fe"><span class="__cf_email__" data-cfemail="40053229236e133421330028316e242f256e272f36">[email protected]</span></a>.
    For further information on how to submit a comment, or review other 
public comments and the docket, contact the Appliance and Equipment 
Standards Program staff at (202) 287-1445 or by email: 
<a href="/cdn-cgi/l/email-protection#8ecffefee2e7efe0edebddfaefe0eaeffceafddffbebfdfae7e1e0fdceebeba0eae1eba0e9e1f8"><span class="__cf_email__" data-cfemail="511021213d38303f32340225303f35302335220024342225383e3f221134347f353e347f363e27">[email protected]</span></a>.

SUPPLEMENTARY INFORMATION:

Table of Contents

I. Introduction
    A. Authority and Background
    1. Authority
    2. Rulemaking History
    B. Rulemaking Process
    C. Deviation From Appendix A
II. Request for Information and Comments
    A. Products Covered by This Process
    B. Test Procedures Applicable to Hearth Heaters
    C. Market and Technology Assessment
    1. Product Classes
    2. Technology Assessment
    D. Screening Analysis
    E. Engineering Analysis
    1. Efficiency Analysis
    2. Cost Analysis
    F. Markup Analysis
    G. Energy Use Analysis
    1. Consumer Samples and Market Breakdowns
    2. Operating Hours
    H. Life-Cycle Cost and Payback Period Analysis
    1. Installation Costs
    2. Energy Prices
    3. Repair and Maintenance Costs
    4. Product Lifetime
    5. No-New-Standards Case Efficiency Distribution
    I. Shipments Analysis
    J. National Impact Analysis
    K. Manufacturer Impact Analysis
III. Submission of Comments

I. Introduction

A. Authority and Background

1. 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

[[Page 36250]]

Products Other Than Automobiles. (42 U.S.C. 6291-6309) These products 
include DHE, which as discussed in the following sections, includes 
consumer hearth heaters, the subject of this document. (42 U.S.C. 
6292(a)(9))
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    \1\ All references to EPCA in this document refer to the statute 
as amended through the Energy Act of 2020, Public Law 116-260 (Dec. 
27, 2020), which reflects the last statutory amendments that impact 
Parts A and A-1 of EPCA.
    \2\ For editorial reasons, upon codification in the U.S. Code, 
Part B was redesignated Part A.
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    The energy conservation program under EPCA consists essentially of 
four parts: (1) testing, (2) labeling, (3) Federal energy conservation 
standards, and (4) certification and enforcement procedures. Relevant 
provisions of EPCA specifically include definitions (42 U.S.C. 6291), 
test procedures (42 U.S.C. 6293), labeling provisions (42 U.S.C. 6294), 
energy conservation standards (42 U.S.C. 6295), and the authority to 
require information and reports from manufacturers (42 U.S.C. 6296).
    Federal energy efficiency requirements for covered products 
established under EPCA generally supersede State laws and regulations 
concerning energy conservation testing, labeling, and standards. (42 
U.S.C. 6297(a)-(c)) DOE may, however, grant waivers of Federal 
preemption in limited circumstances for particular State laws or 
regulations, in accordance with the procedures and other provisions of 
EPCA. (42 U.S.C. 6297(d))
    DOE must follow specific statutory criteria for prescribing new or 
amended energy conservation standards for covered products, including 
DHE. Any new or amended standard for a covered product must be designed 
to achieve the maximum improvement in energy efficiency that the 
Secretary of Energy determines is technologically feasible and 
economically justified. (42 U.S.C. 6295(o)(2)(A) and 42 U.S.C. 
6295(o)(3)(B)) Furthermore, DOE may not adopt any standard that would 
not result in the significant conservation of energy. (42 U.S.C. 
6295(o)(3))
    Moreover, DOE may not prescribe a standard: (1) for certain 
products, including direct heating equipment, if no test procedure has 
been established for the product, or (2) if DOE determines by rule that 
the standard is not technologically feasible or economically justified. 
(42 U.S.C. 6295(o)(3)(A)-(B)) In deciding whether a proposed standard 
is economically justified, DOE must determine whether the benefits of 
the standard exceed its burdens. (42 U.S.C. 6295(o)(2)(B)(i)) DOE must 
make this determination after receiving views and comments on the 
proposed standard, and 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))

    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 that warrant separate product classes and energy 
conservation standards with a level of energy efficiency or energy use 
either higher or lower than that which would apply for such group of 
covered products which have the same function or intended use. DOE must 
specify a different standard level for a type or class of products 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 capacity or another 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 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))
    At present there is no test procedure or energy conservation 
standard for consumer hearth heaters.
2. Rulemaking History
    The National Appliance Energy Conservation Act of 1987 (``NAECA''), 
Public Law 100-12, amended EPCA to include DHE in the list of covered 
products (42 U.S.C. 6292(a)(9)). NAECA also prescribed the initial 
energy conservation standards for DHE--limited to vented gas DHE only--
which were based on annual fuel utilization energy (``AFUE''), and the 
statute established separate standards for ``wall fan type,'' ``wall 
gravity type,'' ``floor,'' and ``room'' DHE and further divided these 
product classes by input capacity.\3\ (42 U.S.C. 6295(e)(3))
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    \3\ DOE defines ``direct heating equipment'' as vented home 
heating equipment and unvented home heating equipment. 10 CFR 430.2. 
For the purpose of the energy conservation standards, DOE further 
delineates vented home heating equipment as ``gas wall fan type,'' 
``gas wall gravity type,'' ``gas floor,'' and ``gas room'' and then 
further divides product classes by input capacity. 10 CFR 430.32(i).
---------------------------------------------------------------------------

    On April 16, 2010, DOE published a final rule in the Federal 
Register, which, in relevant part, promulgated definitions and energy 
conservation

[[Page 36251]]

standards for certain DHE (i.e., vented gas hearth products). 75 FR 
20112 (``April 2010 Final Rule'').\4\ In the April 2010 Final Rule, DOE 
concluded that vented hearth products--which were described as 
including gas-fired products such as fireplaces, fireplace inserts, 
stoves, and log sets that typically include aesthetic features and that 
provide space heating--meet the definition of ``vented home heating 
equipment'' because they are designed to furnish warmed air to the 
living space of a residence. Id. at 75 FR 20128. In the April 2010 
Final Rule, DOE also adopted a definition of ``vented hearth heater'' 
as a vented appliance which simulates a solid fuel fireplace and is 
designed to furnish warm air, with or without duct connections, to the 
space in which it is installed. Id. at 75 FR 20130, 20234. The 
circulation of heated room air may be by gravity or mechanical means. 
Id. A vented hearth heater may be freestanding, recessed, zero 
clearance, or a gas fireplace insert or stove. Id. Those heaters with a 
maximum input capacity less than or equal to 9,000 British thermal 
units per hour (``Btu/h''), as measured using DOE's test procedure for 
vented home heating equipment (10 CFR part 430, subpart B, appendix O), 
were considered purely decorative and were excluded from DOE's 
regulations. Id.
---------------------------------------------------------------------------

    \4\ A correction to the April 2010 Final Rule was published in 
the Federal Register on April 27, 2010, to correct a date that is 
not relevant to this discussion. 75 FR 21981.
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    On November 18, 2011, DOE published in the Federal Register a final 
rule that amended the definition of vented hearth heater. 76 FR 71836 
(``November 2011 Final Rule''). The November 2011 Final Rule 
established criteria to differentiate vented hearth heaters from purely 
decorative heaters based on safety standard certifications, labeling, 
and prescriptive elements (i.e., sold without a thermostat and without 
a standing pilot light). Id. at 76 FR 71859. The November 2011 Final 
Rule defined a vented hearth heater as a vented appliance which 
simulates a solid fuel fireplace and is designed to furnish warm air, 
with or without duct connections, to the space in which it is 
installed; the circulation of heated room air may be by gravity or 
mechanical means; a vented hearth heater may be freestanding, recessed, 
zero clearance, or a gas fireplace insert or stove; and the following 
products were not subject to the energy conservation standards for 
vented hearth heaters:
    <bullet> Vented gas log sets and
    <bullet> Vented gas hearth products that meet all of the following 
four criteria:
    [cir] Certified to American National Standards Institute (``ANSI'') 
Z21.50, Vented Decorative Gas Appliances, but not to ANSI Z21.88, 
Vented Gas Fireplace Heaters;
    [cir] Sold without a thermostat and with a warranty provision 
expressly voiding all manufacturer warranties in the event the product 
is used with a thermostat;
    [cir] Expressly and conspicuously identified on its rating plate 
and in all manufacturer's advertising and product literature as a 
``Decorative Product: Not for use as a Heating Appliance''; and
    [cir] With respect to products sold after January 1, 2015, not 
equipped with a standing pilot light or other continuously-burning 
ignition source.

Id. at 76 FR 71859.
    The Hearth, Patio & Barbecue Association (``HPBA'') sued DOE in the 
United States Court of Appeals for the District of Columbia Circuit 
(``D.C. Circuit'') to invalidate the April 2010 Final Rule (and 
subsequently extended to the November 2011 Final Rule) as those rules 
pertained to vented gas hearth products. Petition for Review, Hearth, 
Patio & Barbecue Association v. Department of Energy, et al., No. 10-
1113 (D.C. Cir. filed May 27, 2010). On February 8, 2013, the D.C. 
Circuit issued its opinion in the HPBA case and ordered that the 
definition of ``vented hearth heater'' adopted by DOE be vacated, and 
remanded the matter to DOE to interpret the challenged provisions in 
accordance with the Court's opinion. Hearth, Patio & Barbecue 
Association et al v. Department of Energy, 706 F.3d 499 (D.C. Cir. 
2013). The Court held that the phrase ``vented hearth heater'' did not 
encompass decorative fireplaces as that term is traditionally 
understood, vacated the entire statutory definition of ``vented hearth 
heater,'' and remanded for DOE to interpret the challenged provisions 
consistent with the court's opinion. Id. at 509. On July 29, 2014, DOE 
published a final rule in the Federal Register amending the relevant 
portions of its regulations to reflect the Court's decision to vacate 
the regulatory definition of ``vented hearth heater'' (and by 
implication, the associated energy conservation standards). 79 FR 
43927.
    On December 31, 2013, DOE published a notice of proposed 
determination of coverage (``NOPD'') for hearth products in the Federal 
Register. 78 FR 79638 (``December 2013 NOPD''). DOE proposed to define 
``hearth product'' as a gas-fired appliance that simulates a solid-
fueled fireplace or presents a flame pattern (for aesthetics or other 
purpose) and that may provide space heating directly to the space in 
which it is installed. DOE also provided examples of products meeting 
this definition, including vented decorative hearth products, vented 
heater hearth products, vented gas logs, gas stoves, outdoor hearth 
products, and ventless hearth products. Id. at 78 FR 79640. 
Subsequently, on February 9, 2015, DOE published a notice of proposed 
rulemaking (``NOPR'') proposing energy conservation standards for 
hearth products in the Federal Register. 80 FR 7082 (``February 2015 
NOPR). On March 31, 2017, DOE withdrew the December 2013 NOPD \5\ in 
the bi-annual publication of the Regulatory Agenda for the reasons 
explained subsequently.\6\ 82 FR 40270, 40274 (August 24, 2017).
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    \5\ Withdrawal of the December 2013 NOPD also resulted in the 
withdrawal of the February 2015 NOPR.
    \6\ Past publications of DOE's Regulatory Agenda can be found 
at: resources.regulations.gov/public/component/main.
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    On February 7, 2022, DOE published in the Federal Register a NOPD 
for the coverage of miscellaneous gas products. 87 FR 6786 (``February 
2022 NOPD''). In that NOPD, DOE stated that it had been overly broad in 
discussion of the Court's holding in the context of vented hearth 
heaters in the withdrawn December 2013 NOPD. Although there are not 
currently energy conservation standards for vented hearth heaters in 
DOE's regulations at 10 CFR 430.32(i), DOE explained that these 
products are appropriately covered as vented home heating equipment (a 
category of DHE) and that such products were not part of the February 
2022 NOPD. Id. at 87 FR 6788. As noted in section I.A.1 of this 
document, EPCA authorizes DOE to regulate the energy efficiency of DHE, 
which includes vented and unvented home heating equipment (including 
vented and unvented hearth heaters). (See 42 U.S.C. 6292(a)(9))
    Energy conservation standards for other categories of DHE were most 
recently reviewed on November 23, 2021, when DOE published a final 
determination in the Federal Register which found that the energy 
conservation standards for direct heating equipment do not need to be 
amended (``November 2021 Final Determination''). 86 FR 66403. However, 
the November 2021 Final Determination did not consider hearth heaters, 
and DOE stated in that notice that to the extent the Department decides 
to consider energy conservation standards for hearth heaters, it would 
do so in a separate rulemaking. Id. at 86 FR 66409.
    DOE is publishing this RFI to collect data and information about 
consumer

[[Page 36252]]

hearth heaters to inform its consideration of energy conservation 
standards for such products, consistent with its obligations under 
EPCA.

B. Rulemaking Process

    DOE must follow specific statutory criteria for prescribing new or 
amended standards for covered products. 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.\7\ 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.\8\ 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 energy 
infrastructure can be more pronounced than products with relatively 
constant demand. In evaluating the significance of energy savings, DOE 
considers differences in primary energy and 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. Accordingly, DOE evaluates the significance of 
energy savings on a case-by-case basis.
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    \7\ Procedures, Interpretations, and Policies for Consideration 
in New or Revised Energy Conservation Standards and Test Procedures 
for Consumer Products and Commercial/Industrial Equipment, 86 FR 
70892, 70901 (Dec. 13, 2021).
    \8\ See Executive Order 14008, ``Tackling the Climate Crisis at 
Home and Abroad,'' 86 FR 7619 (Feb. 1, 2021).
---------------------------------------------------------------------------

    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 affected products subject to the standard;
    (2) The savings in operating costs throughout the estimated 
average life of the covered product in the type (or class) compared 
to any increases 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 directly 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 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..............  <bullet> Shipments Analysis.
                                          <bullet> National Impact
                                           Analysis.
                                          <bullet> Energy Use Analysis.
Technological Feasibility...............  <bullet> Market and Technology
                                           Assessment.
                                          <bullet> Screening Analysis.
                                          <bullet> Engineering Analysis.
Economic Justification:
    1. Economic Impact on Manufacturers   <bullet> Manufacturer Impact
     and Consumers.                        Analysis.
                                          <bullet> Life-Cycle Cost and
                                           Payback Period Analysis.
                                          <bullet> Life-Cycle Cost
                                           Subgroup Analysis.
                                          <bullet> Shipments Analysis.
    2. Lifetime Operating Cost Savings    <bullet> Markups for Product
     Compared to Increased Cost for the    Price Analysis.
     Product.                             <bullet> Energy and Water Use
                                           Analysis.
                                          <bullet> Life-Cycle Cost and
                                           Payback Period Analysis.
    3. Total Projected Energy Savings...  <bullet> Shipments Analysis.
                                          <bullet> National Impact
                                           Analysis.
    4. Impact on Utility or Performance.  <bullet> Screening Analysis.
                                          <bullet> Engineering Analysis.
    5. Impact of Any Lessening of         <bullet> Manufacturer Impact
     Competition.                          Analysis.
    6. Need for National Energy and       <bullet> Shipments Analysis.
     Water Conservation.                  <bullet> National Impact
                                           Analysis.
    7. Other Factors the Secretary        <bullet> Employment Impact
     Considers Relevant.                   Analysis.
                                          <bullet> Utility Impact
                                           Analysis.
                                          <bullet> Emissions Analysis.
                                          <bullet> Monetization of
                                           Emission Reductions
                                           Benefits.\9\
                                          <bullet> Regulatory Impact
                                           Analysis.
------------------------------------------------------------------------


[[Page 36253]]

    As detailed throughout this RFI, DOE is publishing this document 
seeking input and data from interested parties to aid in the 
development of the technical analyses on which DOE would ultimately 
rely as it considers adopting energy conservation standards for 
consumer hearth heaters.
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    \9\ On 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.
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C. Deviation 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 \requiring a 75-day comment period for all 
pre-NOPR standards documents. 10 CFR part 430, subpart C, appendix A, 
section 6(d)(2). DOE finds it appropriate to deviate from this 
provision and to instead provide a 30-day comment period. DOE believes 
that 30 days is a sufficient time to respond to this initial rulemaking 
document, particularly since the market and available technologies for 
consumer hearth heaters have not changed substantially since the 
February 2015 NOPR, so, therefore, a 30-day comment period should be 
adequate to allow stakeholders to provide any relevant updates.

II. Request for Information and Comments

    In the following sections, DOE has identified a variety of issues 
on which it seeks input to aid in the development of the technical and 
economic analyses regarding whether establishing energy conservation 
standards for consumer hearth heaters (a category of DHE products) may 
be warranted.

A. Products Covered by This Process

    This RFI addresses consumer hearth heaters. Although DOE does not 
currently have a definition for ``hearth heater,'' for the purpose of 
this RFI, DOE is generally considering these to be a category of DHE 
that is comprised of products that simulate a solid-fuel fireplace and/
or present an aesthetic flame pattern and that are designed to provide 
heat to the indoor space in which they are used. These can be vented 
(i.e., a subset of vented home heating equipment) or unvented (i.e., a 
subset of unvented home heating equipment). Further, hearth heaters can 
be gas-fired, oil-fired, or electric. DOE expects that oil-fired hearth 
heaters make up a small minority of shipments. Additionally, the energy 
savings potential from electric hearth heaters is expected to be de 
minimis because the efficiency of the electric resistance heaters used 
in such products approaches 100 percent and all the heat produced by 
electric resistance heaters will be directed into conditioned space. 
(Similarly, practically all the heat produced by unvented gas-fired or 
oil-fired hearth heaters is expected to enter the conditioned space. In 
contrast, vented gas-fired or oil-fired hearth heaters vent combustion 
products outdoors and lose heat in the vented combustion gases. As 
discussed in sections II.B and II.E of this document, DOE tentatively 
concludes that the differences between vented and unvented hearth 
heaters may make it appropriate to apply different test procedures and 
conduct separate engineering analyses for these different types of 
products.) For this RFI, DOE is not considering as hearth heaters 
products that are decorative hearth products or outdoor heaters, as 
proposed to be defined in the February 2022 NOPD. 87 FR 6786, 6790 
(Feb. 7, 2022). Further discussion of the range of products DOE 
considers to be consumer hearth heaters, as well as potential class 
distinctions, is presented in section II.C.1 of this document.
    DOE requests comment on an appropriate definition for a consumer 
``hearth heater.'' DOE also requests feedback on whether sub-categories 
of hearth heaters are necessary (e.g., ``vented hearth heaters'' and 
``unvented hearth heaters''), and, if so, what the definitions of those 
sub-categories should be.
    DOE seeks comment on whether oil-fired hearth heaters are currently 
being manufactured, as well as the relative market shares of gas-fired, 
oil-fired, and electric hearth heaters. DOE requests comment on its 
expectation that the energy savings potential from possible energy 
conservation standards for electric hearth heaters would be de minimis.
    DOE requests comment on whether additional product definitions are 
necessary to close any potential gaps in coverage between product 
types.

B. Test Procedures Applicable to Hearth Heaters

    Although hearth heaters are not currently subject to energy 
conservation standards, the current DOE test procedures for other 
classes of DHE (i.e., 10 CFR part 430, subpart B, appendix G, Uniform 
Test Method for Measuring the Energy Consumption of Unvented Home 
Heating Equipment (``appendix G'') and 10 CFR part 430, subpart B, 
appendix O, Uniform Test Method for Measuring the Energy Consumption of 
Vented Home Heating Equipment (``appendix O'')) provide a test method 
and calculations to determine energy use or energy efficiency. DOE 
notes that numerous vented hearth heaters currently on the market are 
advertised with an AFUE rating, which is the regulatory metric for 
other classes of DHE. However, DOE recognizes that certain 
clarifications may be appropriate to facilitate testing of hearth 
heaters. For example, appendix O specifies installation instructions 
for the types of DHE that currently have energy conservation 
standards--wall furnaces, floor furnaces, and room heaters--so 
additional clarification may be needed for hearth heaters. See section 
2.1 of appendix O. Similarly, circulating air adjustments are specified 
for wall furnaces, room heaters, and floor furnaces, so similar 
clarifications may be required for hearth heaters. See section 2.5 of 
appendix O. In addition, hearth heaters sometimes use ``on demand'' 
pilot technology, which includes a continuously-burning pilot light 
that will automatically shut off if the main burner is not lit for a 
certain period of time (e.g., 7 days). Such products could benefit from 
additional clarification on treatment of the pilot light during 
testing. In addition to considering the use of the existing DHE test 
methods at appendix G and appendix O, DOE may also consider alternative 
test procedures for hearth heaters that would be more appropriate.
    DOE seeks comment regarding appropriate test procedures for 
unvented and vented hearth heaters, including the applicability of 
DOE's test procedures at appendix G and appendix O, or any other 
applicable industry test procedures (and any additional clarifications 
or requirements that may be necessary). DOE also seeks comment

[[Page 36254]]

regarding alternative test procedure requirements for unvented and 
vented hearth heaters.

C. Market and Technology Assessment

    The market and technology assessment that DOE routinely conducts 
when analyzing the impacts of a potential new or amended energy 
conservation standard provides information about the hearth heater 
industry that will be used in DOE's analysis throughout the rulemaking 
process. DOE uses qualitative and quantitative assessments to 
characterize the structure of the industry and market, based primarily 
upon publicly-available information. The subjects addressed in the 
market and technology assessment include: (1) a determination of the 
scope of the rulemaking and products classes; (2) manufacturers and 
industry structure; (3) industry market shares and trends; (4) existing 
regulatory and non-regulatory initiatives intended to improve energy 
efficiency or reduce energy consumption; (5) shipments information; and 
(6) technologies or design options that could improve the energy 
efficiency of hearth heaters. DOE also reviews product literature, 
industry publications, and company websites. Additionally, DOE will 
consider conducting interviews with manufacturers to improve its 
assessment of the market and available technologies for hearth heaters.
1. Product Classes
    When evaluating and establishing energy conservation standards, DOE 
may divide covered products into product classes by the type of energy 
used, or by capacity or other performance-related features that justify 
a different standard. (42 U.S.C. 6295(q)(1)) In making a determination 
whether a performance-related feature justifies a different standard, 
DOE must consider such factors as the utility of the feature to the 
consumer and other factors DOE deems appropriate. (Id.)
    Although hearth heaters are a category of DHE products, for the 
reasons explained previously, there currently are no energy 
conservation standards for hearth heaters. Furthermore, as discussed in 
section II.A of this document, there is also no current definition for 
``hearth heater,'' nor are hearth heaters divided into separate product 
classes. However, there are a wide variety of products on the market 
that are hearth heaters. For example, these products can be vented 
(i.e., vented hearth heaters) or unvented (i.e., unvented hearth 
heaters). Hearth heaters can also exist in a variety of configurations, 
such as stoves or fireplace inserts.
    In a NOPR published in the Federal Register on December 11, 2009 
(``December 2009 NOPR''), DOE proposed product classes for gas hearth 
products that were subdivided by input heating capacity. 74 FR 65852, 
65871-65872. Similarly, in the April 2010 Final Rule in which these 
product classes were adopted, gas hearths included only vented home 
heating equipment. 75 FR 20112, 20234-20235 (April 16, 2010). (However, 
as discussed in section I.A.2 of this document, the D.C. Circuit later 
(in 2013) ordered that the definition of ``vented hearth heater'' 
adopted by DOE be vacated, and remanded the matter to the Department 
for further rulemaking consistent with the court's decision.) In an 
analysis performed for the February 2015 NOPR, which focused on standby 
mode energy consumption, DOE found substantial similarity among hearth 
products of all types, in that the primary mechanism of energy 
consumption in standby mode is a constant-burning pilot. 80 FR 7082, 
7091 (Feb. 9, 2015). Thus, DOE did not propose to divide hearth 
products into multiple product classes. Accordingly, DOE tentatively 
concluded that the establishment of product classes was not necessary 
for the energy conservation standards being analyzed at that time. Id.
    Additionally, in the February 2015 NOPR (which covered both hearth 
heaters and decorative hearths), DOE tentatively concluded that there 
was no universally accepted definition or set of defining features for 
what constitutes different categories of hearth products. 80 FR 7082, 
7091 (Feb. 9, 2015). In research conducted for the February 2015 NOPR, 
DOE found that the same product is sometimes certified to multiple ANSI 
standards. Id. DOE identified unvented gas log sets certified to the 
ANSI Z21.60 \10\ decorative gas-fire appliance standard in addition to 
the ANSI Z21.11.2 \11\ unvented heater standard. Id. DOE also 
identified vented products advertised with an AFUE or thermal 
efficiency rating, and certified to either or both the ANSI Z21.88 \12\ 
vented heater fireplace standard or the ANSI Z21.50 \13\ vented 
fireplace standard. Id.
---------------------------------------------------------------------------

    \10\ The most up-to-date version of this standard is ANSI 
Z21.60-2017/CSA 2.26-2017; Decorative Gas Appliances For 
Installation In Solid-Fuel Burning Fireplaces (Available at: https://webstore.ansi.org/Standards/CSA/ansiz21602017csa26) (Last accessed 
June 6, 2022).
    \11\ The most up-to-date version of this standard is CSA/ANSI 
Z21.11.2-2019; Gas-Fired Room Heaters, Volume III, Unvented Room 
Heaters (Available at: https://webstore.ansi.org/Standards/CSA/csaansiz21112019) (Last accessed June 6, 2022).
    \12\ The most up-to-date version of this standard is CSA/ANSI 
Z21.88-19/CSA 2.33-2019; Vented Gas Fireplace Heaters (Available at: 
https://webstore.ansi.org/Standards/CSA/CSAANSIZ218819332019) (Last 
accessed June 6, 2022).
    \13\ The most up-to-date version of this standard is CSA/ANSI 
Z21.50-19/CSA 2.22-2019; Vented Decorative Gas Appliances (Available 
at: https://webstore.ansi.org/Standards/CSA/CSAANSIZ215019222019) 
(Last accessed June 6, 2022).
---------------------------------------------------------------------------

    DOE requests feedback on whether hearth heaters have performance-
related features (e.g., heat exchanger design, flame characteristics, 
or heat output) that provide unique consumer utility that impact energy 
use of the product. If so, DOE requests data detailing the 
corresponding impacts on energy use that would justify separate product 
classes (i.e., explanation for why the presence of these performance-
related features would increase energy consumption).
2. Technology Assessment
    In analyzing the feasibility of potential new or amended energy 
conservation standards, DOE uses information about existing and past 
technology options and working prototype designs to help identify 
technologies that manufacturers could use to meet and/or exceed a given 
set of energy conservation standards under consideration. In 
consultation with interested parties, DOE intends to develop a list of 
technologies to consider in its analysis. That analysis will likely 
include a number of the technology options DOE previously considered 
for hearth heaters as part of the April 2010 Final Rule and/or the 
February 2015 NOPR, which covered products including consumer hearth 
heaters. A complete list of those prior options appears in Table II.1 
of this document.

       Table II.1--Potential Technology Options for Hearth Heaters
------------------------------------------------------------------------
                                   --
-------------------------------------------------------------------------
Optimized Air-to-Fuel Ratio.
Burner Port Design.
Improved Simulated Log Design.
Improved Pan Burner Media/Bead Type.
Reflective Walls and/or Other Components Inside Combustion Zone.
Air Circulation Fan.
Electronic Ignition.
Condensing Heat Exchanger.
Increased Heat Exchanger Surface Area.
Multiple Flues.
Multiple Turns in Flue.
Direct Vent (Concentric).
Increased Heat Transfer Coefficient.
Thermal Vent Damper.
Electric Vent Damper.
Induced Draft.
2-Stage or Modulating Operation.

[[Page 36255]]

 
Increased Insulation.
Condensing Pulse Combustion.
Sealed Combustion.
------------------------------------------------------------------------

    DOE seeks information on the technologies listed in Table II.1 
regarding their applicability to the current hearth heater market 
(including both vented and unvented hearth heaters) and how these 
technologies might potentially impact the efficiency of hearth heaters. 
DOE also seeks information on how these technologies may have changed 
since they were considered in the April 2010 Final Rule and/or February 
2015 NOPR. Specifically, DOE seeks information on the range of 
efficiencies or performance characteristics that are currently 
available for each technology option.
    DOE also seeks comment on any other technology options that it 
should consider for inclusion in its analysis and whether these 
technologies might impact product features or consumer utility of 
hearth heaters.

D. Screening Analysis

    The purpose of the screening analysis is to further evaluate the 
technologies with the potential to improve equipment efficiency to 
determine which technologies should be eliminated from further 
consideration and which ones should proceed to the engineering analysis 
for further consideration in the energy conservation standards 
rulemaking.
    DOE determines whether to eliminate certain technology options from 
further consideration based on the following five screening criteria:

    (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 productt utility or product availability. If it 
is determined that a technology would have significant adverse 
impact on the utility of the product to 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).

    Technology options identified in the technology assessment are 
evaluated against these criteria using DOE analyses and inputs from 
interested parties (e.g., manufacturers, trade organizations, and 
energy efficiency advocates). Technologies that pass through the 
screening analysis are referred to as ``design options'' in the 
engineering analysis. Technology options that fail to meet one or more 
of the five criteria are eliminated from further consideration.
    DOE requests feedback on what impact, if any, the five screening 
criteria described in this section would have when applied to each of 
the technology options listed in Table II.1 pertaining to hearth 
heaters. Similarly, DOE seeks information regarding the effect these 
same criteria would have when applied to any other technology options 
not already identified in this document with respect to their potential 
use in hearth heaters.

E. Engineering Analysis

    The purpose of the engineering analysis is to establish the 
relationship between the efficiency and cost of consumer hearth 
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 
(i.e., the manufacturer production cost (MPC)), as well as the 
incremental cost for the product at efficiency levels above the 
baseline. The output of the engineering analysis is a set of cost-
efficiency ``curves'' that are used in downstream analyses (i.e., the 
life-cycle cost (``LCC'') and payback period (``PBP'') analyses and the 
national impact analysis (``NIA'')). The following sections provide 
further detail on DOE's engineering analysis and seek public input on 
specific issues pertinent to consumer hearth heaters, the subject of 
this rulemaking.
1. Efficiency Analysis
    DOE typically uses one of two approaches to develop energy 
efficiency levels for the engineering analysis: (1) relying on observed 
efficiency levels in the market (i.e., the efficiency-level approach), 
or (2) determining the incremental efficiency improvements associated 
with incorporating specific design options to a baseline model (i.e., 
the design-option approach). Using the efficiency-level approach, the 
efficiency levels established for the analysis are determined based on 
the market distribution of existing products (in other words, based on 
the range of efficiencies and efficiency level ``clusters'' that 
already exist on the market). Using the design-option approach, the 
efficiency levels established for the analysis are determined through 
detailed engineering calculations and/or computer simulations of the 
efficiency improvements from implementing specific design options that 
have been identified in the technology assessment. DOE may also rely on 
a combination of these two approaches. For example, the efficiency-
level approach (based on actual products on the market) may be extended 
using the design-option approach to interpolate to define ``gap fill'' 
levels (to bridge large gaps between other identified efficiency 
levels) and/or to extrapolate to the max-tech level (particularly in 
cases where the max-tech level exceeds the maximum efficiency level 
currently available on the market).
    For unvented hearth heaters, the combustion by-products enter the 
heated space rather than being vented outdoors, and as a result, there 
is no heat loss from venting of the combustion gases. In contrast, 
vented hearth heaters vent combustion products outdoors and lose heat 
in the vented combustion gases. As discussed in section II.B of this 
document, DOE expects that the test procedures at appendix G would 
apply to unvented hearth heaters and that the test procedures at 
appendix O would apply to vented hearth heaters. Consistent with the 
performance differences between vented and unvented products, these 
test methods provide different procedures and metrics for measuring 
energy consumption and/or efficiency. Therefore, DOE tentatively 
concludes that the disparate performance mechanisms of unvented hearth 
heaters and vented hearth heaters make it appropriate to conduct 
separate engineering analyses for these different

[[Page 36256]]

types. The efficiency analysis for vented and unvented hearth heaters 
are discussed separately in more detail in sections II.E.1.a and 
II.E.1.b of this document, respectively.
    DOE generally selects a baseline model as a reference point for 
each product class, and measures changes resulting from potential new 
or amended energy conservation standards against the baseline. The 
baseline model in each product class represents the characteristics of 
products typical of that class (e.g., capacity, physical size). 
Generally, a baseline model is one that just meets current energy 
conservation standards, or, if no standards are in place (as is the 
case for hearth heaters), the baseline is typically the most common or 
least-efficient unit on the market. Because there are currently no 
standards for hearth heaters and these products are not required to 
certify ratings to DOE, DOE intends to survey the market and consider 
the baseline to be the least-efficient product designs currently 
available.
a. Vented Hearth Heaters
    The current test procedure for vented home heating equipment, 
appendix O, establishes the method for calculating AFUE and annual 
energy consumption. In the April 2010 Final Rule, DOE determined that 
64 percent AFUE was an appropriate baseline efficiency for gas vented 
hearth heaters (which were described as including gas-fired products 
such as fireplaces, fireplace inserts, stoves, and log sets that 
typically include aesthetic features and that provide space heating) 
and was associated with products using standing pilot ignition 
technology. 75 FR 20112, 20128, 20146 (April 16, 2010). However, 
through a preliminary review of the market, DOE has found that hearth 
heaters with ratings below 64 percent AFUE may be available today. As 
discussed in section I.A.2 of this document, the definition of ``vented 
hearth heater'' was vacated in 2014 (and by implication, the associated 
energy conservation standards).
    DOE requests comment on the appropriate baseline efficiency level 
for vented gas hearth heaters, as well as the corresponding design 
features characteristic of the baseline efficiency. Similarly, DOE 
requests comment on the appropriate baseline for vented oil hearth 
heaters.
    As part of DOE's analysis, the maximum available efficiency level 
is the highest-efficiency unit currently available on the market. DOE 
defines a ``max-tech'' efficiency level to represent the theoretical 
maximum possible efficiency if all available design options (that have 
passed the screening analysis) are incorporated in a model. In applying 
these design options, DOE would only include those options that are 
compatible with each other and that when combined would represent the 
theoretical maximum possible efficiency. In some cases, the max-tech 
efficiency level differs from the maximum available efficiency level, 
because the max-tech design options are not economically feasible to 
implement. In the April 2010 Final Rule, the max-tech level for gas 
vented hearth heaters was determined to be 93 percent AFUE. 75 FR 
20112, 20146 (April 16, 2010). This efficiency level was found to be 
achieved using condensing operation. In addition, DOE analyzed 
intermediate efficiency levels of 67 percent and 72 percent AFUE, which 
corresponded to design options of an electronic ignition system and a 
fan-assisted air circulation system, respectively. Id. Vented oil-fired 
hearth heaters were not considered in the April 2010 Final Rule.
    DOE requests comment on higher efficiency levels for vented gas 
hearth heaters and their associated design features. Additionally, DOE 
requests comment on appropriate efficiency levels above baseline for 
vented oil hearth heaters and their associated design features.
    DOE also seeks input on identifying the max-tech efficiency 
level(s) and associated design options for gas and oil vented hearth 
heaters. Additionally, for any max-tech efficiency level identified by 
stakeholders, DOE also seeks input on whether such a max-tech 
efficiency level would be appropriate for potential consideration as 
possible energy conservation standards for hearth heaters, and if not, 
why not.
b. Unvented Hearth Heaters
    As explained in the December 2020 DHE NOPD, the test procedure for 
unvented heaters (set forth in appendix G) includes neither a method 
for measuring energy efficiency nor a descriptor for representing the 
efficiency of unvented heaters. Instead, appendix G provides a method 
to measure and calculate the rated output for all unvented heaters and 
the annual energy consumption of primary electric unvented heaters. 85 
FR 77017, 77020 (Dec. 1, 2020). Additionally, appendix G includes 
provisions to measure standby mode and off mode energy rates of 
unvented heaters. See 10 CFR part 430, subpart B, appendix G, sections 
2.3 and 2.4. As discussed, there are currently no energy conservation 
standards for unvented DHE. DOE did not propose standards for unvented 
DHE in the April 2010 Final Rule because DOE concluded at the time that 
a standard could produce little energy savings (largely due to the fact 
that any heat losses are dissipated directly into the conditioned 
space) and because of limitations in the applicable DOE test 
procedure.\14\ 75 FR 20112, 20130 (April 16, 2010).
---------------------------------------------------------------------------

    \14\ DOE noted in the December 2009 NOPR that the test procedure 
for unvented equipment includes neither a method for measuring 
energy efficiency nor a descriptor for representing the efficiency 
of unvented home heating equipment. 74 FR 65852, 65866 (Dec. 11, 
2009).
---------------------------------------------------------------------------

    Additionally, DOE explained in the December 2020 DHE NOPD that 
unvented heaters are nearly 100-percent efficient during the heating 
season, in that all energy consumed is converted to heat that ends up 
within the living space as useful heat, and as a result, there is 
negligible opportunity for energy savings. 85 FR 77017, 77027 (Dec. 1, 
2020). DOE considers the heating season to include two operating 
conditions for unvented home heating equipment: (1) active (heating) 
mode and (2) standby mode, which may include a standing pilot light. In 
contrast, during the non-heating season, heat generated by an unvented 
heater, including an unvented hearth heater, either from active mode or 
from a standing pilot light would not be useful heat and would be 
wasted. DOE considers energy consumption during the non-heating season 
to be off mode energy. For example, a standing pilot light left burning 
during non-heating months would contribute to off mode energy 
consumption.
    In 2017, the Lawrence Berkeley National Laboratory conducted a 
survey of 2,100 homes with hearth products (``2017 Hearth 
Survey'').\15\ The survey provided hearth product characteristics, 
usage data, and repair and maintenance costs. The hearth product 
characteristics include the hearth product type, fuel type, ignition 
system type, features, venting, and installation details. The usage 
information includes seasonal usage of the main burner and standing 
pilot (if present), daily usage, and the primary utility (whether 
decorative or for heating). In the 2017 Hearth Survey,

[[Page 36257]]

35 percent of respondents reported that the pilot light is always on in 
their unvented hearth products (i.e., including during the non-heating 
season). (Although the 2017 Hearth Survey included both decorative 
hearths and hearth heaters, all unvented hearth products are assumed to 
be hearth heaters because there is no mechanism to exhaust the heat 
outside of the living space.) As previously noted, the energy consumed 
by a standing pilot light during the non-heating season would be 
wasted. Further, the heat produced by a standing pilot may contribute 
to the cooling season cooling load.
---------------------------------------------------------------------------

    \15\ David Siap, Henry Willem, Sarah K. Price, Hung-Chia Yang, 
and Alex Lekov. Survey of Hearth Products in U.S. Homes (2017) LBNL-
2001030 (Available at: https://eta-publications.lbl.gov/sites/default/files/lbnl-2001030.pdf) (Last accessed June 6, 2022). For 
the purposes of this study, a hearth product is a gas-fired or 
electrical appliance that displays a fire or flame pattern and may 
be vented or unvented. Heart product types are fireplaces or 
fireplace inserts, gas log sets that are typically inserted into an 
existing empty hearth, freestanding stoves, or outdoor units. The 
primary purpose of these products may be decorative, space heating, 
or a combination of the two. Patio heaters, gas lamps, or products 
with a primary function of cooking or providing light are not 
included in the definition for the purposes of this study. (LBNL at 
p. 7)
---------------------------------------------------------------------------

    If DOE finds that standards for off mode energy consumption of 
unvented hearth heaters could lead to significant conservation of 
energy, DOE may consider setting standards for the off mode energy 
consumption of these products. As discussed in section I.A.1 of this 
document, new standards must also be technologically feasible and 
economically justified. (42 U.S.C. 6295(o)(2)(A)) There are several 
metrics with which DOE could consider standards for unvented hearth 
heaters, including the energy input rate to the pilot light 
(Q<INF>p</INF>) and the electrical standby power (P<INF>W,SB</INF>). 
Appendix G specifies provisions for determining Q<INF>p</INF> and the 
P<INF>W,SB</INF>. See 10 CFR part 430, subpart B, appendix G, sections 
2.3 and 2.4, respectively.
    Section 2.3 of appendix G provides instructions for measuring 
Q<INF>p</INF>, for unvented heaters equipped with a pilot light. 
However, section 2.3.1 of appendix G states that the measurement of 
Q<INF>p</INF> is not required for unvented heaters where the pilot 
light is designed to be turned off by the user when the heater is not 
in use (i.e., for units where turning the control to the OFF position 
will shut off the gas supply to the burner(s) and the pilot light). 
This provision applies only if an instruction to turn off the unit is 
provided on the heater near the gas control value (e.g., by label) by 
the manufacturer. 10 CFR part 430, subpart B, appendix G, sections 2.3 
and 2.3.1.
    The responses to the 2017 Hearth Survey indicate that the pilot 
light on many unvented hearth heaters may not be turned off when the 
heater is not in use.
    DOE requests additional data and information about the typical 
usage of unvented hearth heaters. Specifically, DOE requests comment on 
how commonly the pilot lights of gas unvented hearth heaters are left 
on during non-heating season. Further, DOE requests comment on how 
commonly manufacturer instructions to turn off gas unvented hearth 
heaters are provided on the heater near the gas control valve.
    DOE requests comment on appropriate baseline off mode energy 
consumption levels, and the associated design options, for unvented 
hearth heaters in terms of Q<INF>p</INF>, P<INF>W,SB</INF>, and/or 
other metrics.
    As previously noted, DOE defines a ``max-tech'' efficiency level to 
represent the theoretical maximum possible efficiency for a given 
product. In applying these design options, DOE would only include those 
that are compatible with each other that when combined, would represent 
the theoretical maximum possible efficiency. In many cases, the max-
tech efficiency level is not commercially available because it is not 
economically feasible.
    DOE seeks input on identifying efficiency levels above baseline, 
including the max-tech efficiency level(s), in terms of Q<INF>p</INF>, 
P<INF>W,SB</INF>, and/or other metrics, for unvented hearth heaters. 
DOE also requests comment on the design options associated with every 
efficiency level. Additionally, for any higher efficiency level 
identified by stakeholders, DOE also seeks input on whether such an 
efficiency level would be appropriate for potential consideration as 
possible energy conservation standards for unvented hearth heaters, and 
if not, why not.
2. Cost Analysis
    The cost analysis portion of the engineering analysis is conducted 
using one or a combination of cost approaches. The selection of cost 
approach depends on a suite of factors, including availability and 
reliability of public information, characteristics of the regulated 
product, and the availability and timeliness of purchasing the product 
on the market. The cost approaches are summarized as follows:
    <bullet> Physical teardowns: Under this approach, DOE physically 
dismantles a commercially-available product, component-by-component, to 
develop a detailed bill of materials (``BOM'') for the product.
    <bullet> Catalog teardowns: In lieu of physically deconstructing a 
product, DOE identifies each component using parts diagrams (available 
from manufacturer websites or appliance repair websites, for example) 
to develop the BOM for the product.
    <bullet> Price surveys: If neither a physical nor catalog teardown 
is feasible (e.g., for tightly integrated products such as fluorescent 
lamps, which are infeasible to disassemble and for which parts diagrams 
are unavailable) or cost-prohibitive and otherwise impractical (e.g., 
large commercial boilers), DOE conducts price surveys using publicly-
available pricing data published on major online retailer websites and/
or by soliciting prices from distributors and other commercial 
channels.
    The BOM provides the basis for the manufacturer production cost 
(``MPC'') estimates. DOE then applies a cost multiplier (the 
manufacturer markup) to convert the MPC to manufacturer selling price 
(``MSP''). The manufacturer markup accounts for non-production costs 
(i.e., selling, general, and administrative expenses, research and 
development, and interest), along with profit. The resulting MSP is the 
price at which the manufacturer distributes a unit into commerce.
    In both the DHE cost analysis for the April 2010 Final Rule and the 
hearth products cost analysis for the February 2015 NOPR, DOE performed 
physical teardowns to generate a BOM and then converted the materials 
and components to dollar values based on the price of materials, 
average labor rates associated with manufacturing and assembling, and 
the cost of overhead and depreciation. 75 FR 20112, 20147-20148 (April 
16, 2010); 80 FR 7082, 7098 (Feb. 9, 2015).
    DOE requests feedback on whether an increase in energy efficiency 
for vented hearth heaters or a reduction in energy consumption for 
unvented hearth heaters would lead to other design changes that would 
not occur for these products otherwise. DOE is also interested in 
information regarding any potential impact of design options on a 
manufacturer's ability to incorporate additional functions or 
attributes in response to consumer demand, for both vented and unvented 
hearth heaters.
    DOE also seeks input on increases in MPC associated with 
incorporating any design options identified. Specifically, DOE is 
interested in whether and how the costs estimated for design options in 
the April 2010 Final Rule and/or February 2015 NOPR have changed since 
the time of those analyses. DOE also requests information on the 
investments necessary to incorporate specific design options, 
including, but not limited to, costs related to new or modified tooling 
(if any), materials, engineering and development efforts to implement 
each design option, and manufacturing/production impacts.
    DOE requests comment on whether certain design options may not be 
applicable to (or incompatible with) specific product types.

[[Page 36258]]

F. Markup Analysis

    DOE derives consumer prices based on MSP, retailer markups, 
distributor markups, contractor markups (where appropriate), and sales 
taxes. In deriving these markups, DOE determines the major distribution 
channels for product sales, the markup associated with each party in 
each distribution channel, and the existence and magnitude of 
differences between markups for baseline products (``baseline 
markups'') and higher-efficiency products (``incremental markups''). 
The identified distribution channels (i.e., how the products are 
distributed from the manufacturer to the consumer) and estimated 
relative sales volumes through each channel are used in generating end-
user price inputs for the LCC analysis and NIA. The markups are 
multipliers that are applied at each stage in the distribution channel 
for consumer hearth heaters.
    In the February 2015 NOPR, DOE utilized several sources including: 
(1) the Heating, Air-Conditioning & Refrigeration Distributors 
International (``HARDI'') 2013 Profit Report \16\ to develop wholesaler 
mark-ups; (2) the Air Conditioning Contractors of America's (``ACAA'') 
2005 financial analysis for the heating, ventilation, air-conditioning, 
and refrigeration (``HVACR'') contracting industry \17\ to develop 
mechanical contractor mark-ups, and (3) U.S. Census Bureau 2007 
Economic Census data \18\ for the residential and commercial building 
construction industry to develop general contractor mark-ups. 80 FR 
7082, 7100 (Feb. 9, 2015). DOE characterized two distribution channels 
to describe how hearth products pass from the manufacturer to 
consumers: (1) replacement market and (2) new construction. The 
replacement market channel was characterized as follows:
---------------------------------------------------------------------------

    \16\ Heating, Air Conditioning & Refrigeration Distributors 
International 2013 Profit Report (Available at: www.hardinet.org) 
(Last accessed March 31, 2022).
    \17\ Air Conditioning Contractors of America, Financial Analysis 
for the HVACR Contracting Industry: 2005 (Last accessed April 10, 
2013).
    \18\ U.S. Census Bureau, 2007 Economic Census Data (Available 
at: www.census.gov) (Last accessed March 31, 2022).

Manufacturer [rtarr4] Wholesaler [rtarr4] Mechanical contractor 
---------------------------------------------------------------------------
[rtarr4] Consumer

    The new construction distribution channel was characterized as 
follows:

Manufacturer [rtarr4] Wholesaler [rtarr4] Mechanical contractor 
[rtarr4] General contractor [rtarr4] Consumer
Id.

    It is DOE's understanding that these distribution channels remain 
in place at the current time in essentially the same form.
    For wholesalers and contractors, DOE developed baseline and 
incremental mark-ups. The baseline mark-up relates the change in the 
MSP of baseline models to the change in the consumer purchase price. 
The incremental mark-up relates the change in the MSP of higher-
efficiency models to the change in consumer purchase price. In addition 
to the mark-ups, DOE derived State and local taxes from data provided 
by the Sales Tax Clearinghouse.\19\ DOE derived shipment-weighted-
average tax values for each region considered in the analysis. Id. DOE 
plans to use the most updated versions of these data sources to develop 
markups for consumer hearth heaters.
---------------------------------------------------------------------------

    \19\ Sales Tax Clearinghouse, Inc. State Sales Tax Rates Along 
with Combined Average City and County Rates, 2013. (Available at 
thestc.com/STrates.stm) (Last accessed March 31, 2022).
---------------------------------------------------------------------------

    DOE did not account for the retail outlets distribution channel in 
which the manufacturer sells the equipment to a retailer, who in turn 
sells it to a mechanical contractor, who in turn sells it to the 
consumer. DOE did not have sufficient data to estimate a separate 
markup for this distribution channel. Accordingly, DOE assumed that the 
retailer markup was similar to the wholesaler markup.
    DOE is also aware that there may be two additional distribution 
channels for hearth products: (1) an online distribution channel where 
manufacturers sell the products to online retailers who in turn sell 
them directly to consumers, and (2) a rebranding distribution channel 
where wholesalers or retailers negotiate good pricing from the hearth 
product manufacturer based on high volumes and have the product 
customized to carry their name, and then send it through their normal 
distribution channel to the contractors. The former one mainly applies 
to the do-it-yourself (``DIY'') installation, which is expected to 
account for a very small fraction of the total hearth heater shipments. 
For the latter one, DOE assumes that it would have the same overall 
markups as the conventional distribution channels. Although 
manufacturers may have a lower margin in such cases, wholesalers and 
retailers would redistribute the profit throughout the distribution 
channel to set the final retail price so as to be comparable with 
products sold through conventional distribution channels. For the 
reasons mentioned previously, DOE did not consider any of these 
additional distribution channels in the February 2015 NOPR analysis.
    DOE requests information on the distribution channels outlined 
previously, and whether they are still applicable to vented and 
unvented hearth heaters. DOE requests information on the existence of 
any distribution channels other than those listed previously for hearth 
heaters. Further, DOE seeks input on the percentage of products being 
distributed through the different distribution channels, as well as 
whether the share of products through each channel varies based on 
capacity or other features.

G. Energy Use Analysis

    As part of the rulemaking process, DOE conducts an energy use 
analysis to identify how products are used by consumers, to determine 
the annual energy consumption of consumer hearth heaters, and to assess 
the energy savings potential of energy efficiency improvements. DOE 
typically bases the energy consumption of products on the annual energy 
consumption as determined by the applicable DOE test procedure. Along 
similar lines, the energy use analysis is meant to represent typical 
energy consumption in the field.
1. Consumer Samples and Market Breakdowns
    To estimate the annual energy use of products in field operating 
conditions, DOE typically develops consumer samples that are 
representative of installation and operating characteristics of how 
such products are used in the field, as well as distributions of annual 
energy use by application and market segment. DOE may utilize the most 
current version of the Residential Energy Consumption Survey (``RECS'') 
\20\ published by the U.S. Energy Information Administration (``EIA'') 
(currently the 2015 RECS).
---------------------------------------------------------------------------

    \20\ Energy Information Administration (``EIA''), 2015 
Residential Energy Consumption Survey (``RECS'') (Available at: 
www.eia.gov/consumption/residential/) (Last accessed June 6, 2022).
---------------------------------------------------------------------------

    DOE requests data and information regarding market applications of 
consumer hearth heaters.
2. Operating Hours
    One of the key inputs to the energy use analysis is the number of 
annual operating hours of the product. The usage information provided 
in the 2017 Hearth Survey includes seasonal usage of the main burner 
and standing pilot (if present), daily usage, and the primary utility 
(whether decorative or for heating). DOE may consider this survey

[[Page 36259]]

for estimating the operating hours of hearth heaters.\21\
---------------------------------------------------------------------------

    \21\ David Siap, Henry Willem, Sarah K. Price, Hung-Chia Yang, 
and Alex Lekov, Survey of Hearth Products in U.S. Homes (2017) LBNL-
2001030 (Available at: https://eta-publications.lbl.gov/sites/default/files/lbnl-2001030.pdf) (Last accessed June 6, 2022).
---------------------------------------------------------------------------

    DOE requests any other available data or published reports on the 
annual operating hours for consumer hearth heaters.

H. Life-Cycle Cost and Payback Period Analysis

    DOE conducts the LCC and PBP analysis to evaluate the economic 
effects of potential energy conservation standards for hearth heaters 
on individual consumers, which usually involves a reduction in 
operating cost and an increase in purchase cost. For any given 
efficiency level, DOE measures the PBP and the change in LCC relative 
to an estimated baseline level. The LCC is the total consumer expense 
of an appliance or product over the life of that product, consisting of 
total installed cost and operating costs (expenses for energy use, 
maintenance, and repair). Inputs to the calculation of total installed 
cost include the purchase cost of the product--which includes MSPs, 
distribution channel markups, and sales taxes--and installation costs. 
Inputs to the calculation of operating expenses include annual energy 
consumption, energy prices and price projections, repair and 
maintenance costs, equipment lifetimes, discount rates, and the year 
that compliance with new and amended standards is required.
1. Installation Costs
    Installation costs represent the labor and materials required to 
install a hearth heater. DOE plans to use RS Means Residential Cost 
Data \22\ to estimate the installation costs for hearth heaters.
---------------------------------------------------------------------------

    \22\ RS Means Company Inc., RS Means Residential Cost Data 
(2021) (Available at: www.rsmeans.com/).
---------------------------------------------------------------------------

    DOE requests comment on the use of RS Means as a source to develop 
installation costs for consumer hearth heaters.
    DOE requests comment on whether the installation cost of consumer 
hearth heaters would be expected to change with efficiency level.
2. Energy Prices
    In the analysis for the February 2015 NOPR, DOE used data from the 
EIA on average prices in various States and regions \23\ \24\ \25\ to 
assign an energy price to each house in the sample based on its 
location. 80 FR 7082, 7102 (Feb. 9, 2015). Average electricity prices 
and natural gas prices from the EIA data were adjusted using seasonal 
marginal price factors to derive monthly marginal electricity and 
natural gas prices. Id. Future prices were estimated using the 
reference case projection of the Annual Energy Outlook (``AEO'') 
2014.\26\ Id. DOE plans to use a similar approach and with updated data 
from the EIA and AEO 2022.
---------------------------------------------------------------------------

    \23\ U.S. Department of Energy--Energy Information 
Administration, Form EIA-826 (Now called Form EIA-861M) Database 
Monthly Electric Utility Sales and Revenue Data (2013) (Available 
at: https://www.eia.gov/electricity/data/eia861m/).
    \24\ U.S. Department of Energy--Energy Information 
Administration, Natural Gas Navigator (2013) (Available at: https://www.eia.gov/naturalgas/).
    \25\ U.S. Department of Energy--Energy Information 
Administration, 2012 State Energy Consumption, Price, and 
Expenditure Estimates (SEDS) (2013) (Available at: www.eia.doe.gov/emeu/states/_seds.html).
    \26\ Annual Energy Outlook--Energy Information Administration 
(2014) (Available at: www.eia.gov/outlooks/archive/aeo14/).
---------------------------------------------------------------------------

    DOE requests comment on its approach to develop electricity and 
natural gas prices for consumer hearth heaters.
3. Repair and Maintenance Costs
    Repair costs are associated with repairing or replacing components 
in the hearth heater that have failed, whereas maintenance costs are 
routine annual costs associated with the continued proper operation of 
equipment. The 2017 Hearth Survey asked respondents about the average 
cost and frequency of hearth repairs and maintenance over the lifetime 
of the product. Repair categories included in the survey were ignition 
failure, controls failure, combustion damage, and other. Maintenance 
categories included in the survey were chimney cleaning, firebox 
cleaning, exterior cleaning, and other.\27\ DOE intends to use this 
data, along with RS Means, to develop repair and maintenance costs for 
consumer hearth heaters.
---------------------------------------------------------------------------

    \27\ David Siap, Henry Willem, Sarah K. Price, Hung-Chia Yang, 
and Alex Lekov, Survey of Hearth Products in U.S. Homes (2017) LBNL-
2001030, pp. 44-46 (Available at: eta-publications.lbl.gov/sites/default/files/lbnl-2001030.pdf).
---------------------------------------------------------------------------

    DOE requests feedback and data on whether maintenance costs differ 
in comparison to the baseline maintenance costs for any of the specific 
technology options listed in Table II.1 for consumer hearth heaters.
    DOE requests information and data on the frequency of repair and 
repair costs by product class for the technology options listed in 
Table II.1 for consumer hearth heaters. While DOE is interested in 
information regarding each of the listed technology options, the 
Department is also interested in whether consumers simply replace the 
products when they fail as opposed to repairing them.
4. Product Lifetime
    Product lifetime is the age at which a product is retired from 
service. In the February 2015 NOPR, DOE developed a hearth product 
survival function, which provides a range of minimum to maximum 
lifetimes, as well as an average lifetime. Using this survival 
function, DOE estimated that consumer hearth heaters would have an 
average lifetime of 16 years. 80 FR 7082, 7103 (Feb. 9, 2015).
    DOE requests comment on whether the average lifetime of 16 years 
for consumer hearth heaters that was used in the February 2015 NOPR is 
still a valid estimate.
5. No-New-Standards Case Efficiency Distribution
    To estimate the share of consumers affected by a potential energy 
conservation standard, DOE's LCC and PBP analysis considers the 
projected distribution (i.e., market shares) of product efficiencies 
that consumers would be expected to purchase in the first compliance 
year in the base case (i.e., the case without new or amended energy 
conservation standards). DOE plans to review available product 
literature and market data to develop an efficiency distribution for 
the base case.
    DOE requests data on the market share of vented and unvented hearth 
heaters with the technology options listed in Table II.1 and/or by 
efficiency level.

I. Shipments Analysis

    DOE develops shipments forecasts of hearth heaters as an input to 
calculate the national impacts of potential energy conservation 
standards on energy consumption, net present value (``NPV'') of 
consumer benefits and costs, and future manufacturer cash flows. SOE 
shipments projections are based on available historical data broken 
down by product group. Current sales estimates allow for a more 
accurate model that captures recent trends in the market.
    In the February 2015 NOPR (which considered hearth heaters as well 
as decorative hearths), DOE relied on historical shipments data from 
the Hearth, Patio, and Barbeque Association as well as manufacturer 
interviews for

[[Page 36260]]

hearth products, to develop the shipment estimates shown in Table II.2 
of this document.\28\ These shipments values included vented and 
unvented fireplaces, vented and unvented gas logs, and outdoor heaters.
---------------------------------------------------------------------------

    \28\ See chapter 9 of the technical support document that 
accompanied the February 2015 NOPR. (Available at: 
www.regulations.gov/document/EERE-2014-BT-STD-0036-0002) (Last 
accessed June 6, 2022).

                                                    Table II.2--Annual Shipments for Hearth Products
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                 2005        2006        2007        2008        2009        2010        2011        2012        2013
--------------------------------------------------------------------------------------------------------------------------------------------------------
Shipments (millions)........................       1.69        1.30        1.13       0.785       0.462       0.487       0.423       0.436       0.586
--------------------------------------------------------------------------------------------------------------------------------------------------------

    DOE requests updated annual sales data (i.e., number of shipments) 
for vented and unvented consumer hearth heaters. If available, DOE 
requests the annual shipments information for the years 2014-2021.

J. National Impact Analysis

    The purpose of the NIA is to estimate the aggregate economic 
impacts of potential energy conservation standards at the national 
level. The NIA assesses the potential national energy savings (``NES'') 
and the national NPV of total consumer costs and savings that would be 
expected to result from new or amended standards at specific efficiency 
levels over 30 years of shipments. An important component of the NIA is 
the trend in energy efficiency in the no-new-standards case over the 
30-year analysis period. In the analysis for the February 2015 NOPR, 
DOE assumed a constant efficiency trend over the 30-year period. 80 FR 
7082, 7104 (Feb. 9, 2015).
    DOE requests data on the expected future growth trends of vented 
and unvented hearth heaters with the technology options listed in Table 
II.1 of this document.

K. Manufacturer Impact Analysis

    The purpose of the manufacturer impact analysis (``MIA'') is to 
identify and quantify the estimated financial impacts of any new or 
amended energy conservation standards on manufacturers of consumer 
hearth heaters, and to evaluate the potential impacts of such standards 
on direct employment and manufacturing capacity. The MIA includes both 
quantitative and qualitative aspects. The quantitative part of the MIA 
primarily relies on the Government Regulatory Impact Model (``GRIM''), 
an industry cash-flow model adapted for each product in this analysis, 
with the key output being industry net present value (``INPV''). The 
qualitative part of the MIA addresses the potential impacts of energy 
conservation standards on manufacturing capacity and industry 
competition, as well as factors such as product characteristics, 
impacts on particular subgroups of firms, and important market and 
product trends.
    As part of the MIA, DOE intends to analyze impacts of potential 
energy conservation standards on subgroups of manufacturers of covered 
products, including domestic small business manufacturers. DOE uses the 
Small Business Administration's (``SBA'') small business size standards 
to determine whether manufacturers qualify as small businesses, which 
are listed by the applicable North American Industry Classification 
System (``NAICS'') code.\29\ Manufacturing of consumer hearth heaters 
is classified under NAICS 333414, ``Heating Equipment (except Warm Air 
Furnaces) Manufacturing,'' and the SBA sets a threshold of 500 
employees or less for a domestic entity to be considered a small 
business in this category. This employee threshold includes all 
employees in a business' parent company and any other subsidiaries.
---------------------------------------------------------------------------

    \29\ Table of Size Standards--U.S. Small Business Administration 
(Available at: www.sba.gov/document/support--table-size-standards) 
(Last accessed March 9, 2022).
---------------------------------------------------------------------------

    One aspect of assessing manufacturer burden involves examining the 
cumulative impact of multiple DOE standards and the product-specific 
regulatory actions of other Federal agencies that affect the 
manufacturers of a covered product or equipment. While any one 
regulation may not impose a significant burden on manufacturers, the 
combined effects of several existing or impending regulations may have 
serious consequences for some manufacturers, groups of manufacturers, 
or an entire industry. Assessing the impact of a single regulation may 
overlook this cumulative regulatory burden. In addition to energy 
conservation standards, other regulations can significantly affect 
manufacturers' financial operations. Multiple regulations affecting the 
same manufacturer can strain profits and lead companies to abandon 
product lines or markets with lower expected future returns than 
competing products. For these reasons, DOE conducts an analysis of 
cumulative regulatory burden as part of its rulemakings pertaining to 
appliance efficiency.
    To the extent feasible, DOE seeks the names and contact information 
of any domestic or foreign-based manufacturers that distribute hearth 
heaters in the United States.
    DOE identified small businesses as a subgroup of manufacturers that 
could be disproportionally impacted by potential energy conservation 
standards for consumer hearth heaters. DOE requests the names and 
contact information of small business manufacturers of hearth heaters, 
as defined by the SBA's size threshold, which manufacture products in 
the United States. In addition, DOE requests comment on any other 
manufacturer subgroups that could be disproportionally impacted by 
potential energy conservation standards for consumer hearth heaters. 
DOE requests feedback on any potential approaches that could be 
considered to address impacts on such manufacturers, including small 
businesses.
    DOE requests information regarding the cumulative regulatory burden 
impacts on manufacturers of hearth heaters associated with: (1) other 
DOE energy conservation standards applying to different products or 
equipment that these manufacturers may also make and (2) product-
specific regulatory actions of other Federal agencies. DOE also 
requests comment on its methodology for computing cumulative regulatory 
burden and whether there are any flexibilities it can consider that 
would reduce this burden while remaining consistent with the 
requirements of EPCA.

III. Submission of Comments

    DOE invites all interested parties to submit in writing by the date 
specified in the DATES section of this document, comments and 
information on matters addressed in this document and on other matters 
relevant to DOE's consideration of energy conservations standards for 
hearth heaters. After the close of the comment period, DOE will review 
the public comments received

[[Page 36261]]

and may begin collecting data and conducting the analyses discussed in 
this document.
    Submitting comments via www.regulations.gov. The 
www.regulations.gov web page requires you to provide your name and 
contact information. Your contact information will be viewable to DOE 
Building Technologies Office 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 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, hand delivery/courier, or postal 
mail. Comments and documents submitted via email, hand delivery/
courier, or postal mail 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. If you submit via postal mail 
or hand delivery/courier, please provide all items on a CD, if 
feasible, in which case it is not necessary to submit printed copies. 
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, written in English, and 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 as to 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).
    DOE considers public participation to be a very important part of 
the process for developing energy conservation standards. DOE actively 
encourages the participation and interaction of the public during the 
comment period in each stage of this process. Interactions with and 
between members of the public provide a balanced discussion of the 
issues and assist DOE in this process. Anyone who wishes to be added to 
the DOE mailing list to receive future notices and information about 
this process should contact Appliance and Equipment Standards Program 
staff at (202) 287-1445 or via email at 
<a href="/cdn-cgi/l/email-protection#b1f0c1c1ddd8d0dfd2d4e2c5d0dfd5d0c3d5c2e0c4d4c2c5d8dedfc2f1d4d49fd5ded49fd6dec7"><span class="__cf_email__" data-cfemail="4d0c3d3d21242c232e281e392c23292c3f293e1c38283e392422233e0d282863292228632a223b">[email protected]</span></a>.

Signing Authority

    This document of the Department of Energy was signed on June 9, 
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 June 9, 2022.
Treena V. Garrett,
Federal Register Liaison Officer, U.S. Department of Energy.
[FR Doc. 2022-12787 Filed 6-15-22; 8:45 am]
BILLING CODE 6450-01-P


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