This section of the FEDERAL REGISTER

contains notices to the public of the proposed

issuance of rules and regulations. The

purpose of these notices is to give interested

persons an opportunity to participate in the

rule making prior to the adoption of the final

rules.

Proposed Rules Federal Register

36249 

Vol. 87, No. 116 

Thursday, June 16, 2022 

1All 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. 

2For editorial reasons, upon codification in the 

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

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. 

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: HearthHtrs2022STD0018@

ee.doe.gov. 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/EERE2022-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: 

ApplianceStandardsQuestions@

ee.doe.gov. 

Mr. Eric Stas, U.S. Department of 

Energy, Office of the General Counsel, 

GC–33, 1000 Independence Avenue SW, 

Washington, DC 20585–0121. 

Telephone: (202) 586–5827. Email: 

Eric.Stas@hq.doe.gov. 

For further information on how to 

submit a comment, or review other 

public comments and the docket, 

contact the Appliance and Equipment 

Standards Program staff at (202) 287– 

1445 or by email: 

ApplianceStandardsQuestions@

ee.doe.gov. 

SUPPLEMENTARY INFORMATION: 

Table of Contents 

I. Introduction 

A. Authority 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 


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36250 Federal Register / Vol. 87, No. 116 / Thursday, June 16, 2022 / Proposed Rules 

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). 

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)) 

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)) 

On April 16, 2010, DOE published a 

final rule in the Federal Register, 

which, in relevant part, promulgated 

definitions and energy conservation 


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4A 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. 

5Withdrawal of the December 2013 NOPD also 

resulted in the withdrawal of the February 2015 

NOPR. 

6Past publications of DOE’s Regulatory Agenda 

can be found at: resources.regulations.gov/public/ 

component/main. 

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. 

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: 

• Vented gas log sets and 

• Vented gas hearth products that 

meet all of the following four criteria: 

Æ Certified to American National 

Standards Institute (‘‘ANSI’’) Z21.50, 

Vented Decorative Gas Appliances, but 

not to ANSI Z21.88, Vented Gas 

Fireplace Heaters; 

Æ Sold without a thermostat and with 

a warranty provision expressly voiding 

all manufacturer warranties in the event 

the product is used with a thermostat; 

Æ 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 

Æ 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). 

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 


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36252 Federal Register / Vol. 87, No. 116 / Thursday, June 16, 2022 / Proposed Rules 

7Procedures, 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). 

8See Executive Order 14008, ‘‘Tackling the 

Climate Crisis at Home and Abroad,’’ 86 FR 7619 

(Feb. 1, 2021). 

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 caseby-case basis. 

To determine whether a proposed 

new or amended energy conservation 

standard is economically justified, 

EPCA requires that DOE determine 

whether the benefits of the standard 

exceed its burdens by considering, to 

the greatest extent practicable, the 

following seven factors: 

(1) The economic impact of the standard 

on the manufacturers and consumers of the 

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 .............................................................................................. • Shipments Analysis. 

• National Impact Analysis. 

• Energy Use Analysis. 

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

• Screening Analysis. 

• Engineering Analysis. 

Economic Justification: 

1. Economic Impact on Manufacturers and Consumers .......................................... • Manufacturer Impact Analysis. 

• Life-Cycle Cost and Payback Period Analysis. 

• Life-Cycle Cost Subgroup Analysis. 

• Shipments Analysis. 

2. Lifetime Operating Cost Savings Compared to Increased Cost for the Product • Markups for Product Price Analysis. 

• Energy and Water Use Analysis. 

• Life-Cycle Cost and Payback Period Analysis. 

3. Total Projected Energy Savings ........................................................................... • Shipments Analysis. 

• National Impact Analysis. 

4. Impact on Utility or Performance .......................................................................... • Screening Analysis. 

• Engineering Analysis. 

5. Impact of Any Lessening of Competition ............................................................. • Manufacturer Impact Analysis. 

6. Need for National Energy and Water Conservation ............................................ • Shipments Analysis. 

• National Impact Analysis. 

7. Other Factors the Secretary Considers Relevant ................................................ • Employment Impact Analysis. 

• Utility Impact Analysis. 

• Emissions Analysis. 

• Monetization of Emission Reductions Benefits.9

• Regulatory Impact Analysis. 


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9On 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. 

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. 

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 oilfired 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 oilfired 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 


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10The 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). 

11The 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). 

12The 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). 

13The 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). 

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 nonregulatory 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. 

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. 


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TABLE II.1—POTENTIAL TECHNOLOGY

OPTIONS FOR HEARTH HEATERS— 

Continued 

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 maxtech 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 


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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). 

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) 

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 maxtech 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). 

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, 


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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. 

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 (Qp) and the electrical 

standby power (PW,SB). Appendix G 

specifies provisions for determining Qp

and the PW,SB. 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 Qp, for 

unvented heaters equipped with a pilot 

light. However, section 2.3.1 of 

appendix G states that the measurement 

of Qp 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 Qp, PW,SB, 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 Qp, PW,SB, 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: 

• 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. 

• 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. 

• 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 costprohibitive and otherwise impractical 

(e.g., large commercial boilers), DOE 

conducts price surveys using publiclyavailable 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. 


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16Heating, Air Conditioning & Refrigeration 

Distributors International 2013 Profit Report 

(Available at: www.hardinet.org) (Last accessed 

March 31, 2022). 

17Air Conditioning Contractors of America, 

Financial Analysis for the HVACR Contracting 

Industry: 2005 (Last accessed April 10, 2013). 

18U.S. Census Bureau, 2007 Economic Census 

Data (Available at: www.census.gov) (Last accessed 

March 31, 2022). 

19Sales 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). 

20Energy Information Administration (‘‘EIA’’), 

2015 Residential Energy Consumption Survey 

(‘‘RECS’’) (Available at: www.eia.gov/consumption/ 

residential/) (Last accessed June 6, 2022). 

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, airconditioning, and refrigeration 

(‘‘HVACR’’) contracting industry 17 to 

develop mechanical contractor markups, 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: 

Manufacturer ➞ Wholesaler ➞ 

Mechanical contractor ➞ Consumer 

The new construction distribution 

channel was characterized as follows: 

Manufacturer ➞ Wholesaler ➞ 

Mechanical contractor ➞ General 

contractor ➞ 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 markup 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. 

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). 

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 


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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). 

22RS Means Company Inc., RS Means Residential 

Cost Data (2021) (Available at: www.rsmeans.com/ 

). 

23U.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/). 

24U.S. Department of Energy—Energy 

Information Administration, Natural Gas Navigator 

(2013) (Available at: https://www.eia.gov/ 

naturalgas/). 

25U.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). 

26Annual Energy Outlook—Energy Information 

Administration (2014) (Available at: www.eia.gov/ 

outlooks/archive/aeo14/). 

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). 

for estimating the operating hours of 

hearth heaters.21

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. 

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. 

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. 

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 


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28See 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). 29Table of Size Standards—U.S. Small Business 

Administration (Available at: www.sba.gov/ 

document/support--table-size-standards) (Last 

accessed March 9, 2022). 

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. 

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 nonew-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. 

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 


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I I I I I I I 
Federal Register / Vol. 87, No. 116 / Thursday, June 16, 2022 / Proposed Rules 36261 

and may begin collecting data and 

conducting the analyses discussed in 

this document. 

Submitting comments via 

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you to provide your name and contact 

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names, organization name (if any), and 

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If your comment is not processed 

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difficulties, DOE will use this 

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However, your contact information 

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website will waive any CBI claims for 

the information submitted. For 

information on submitting CBI, see the 

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section. 

DOE processes submissions made 

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Submitting comments via email, hand 

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Comments and documents submitted 

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Include your first and last names, email 

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Include contact information each time 

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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 

ApplianceStandardsQuestions@

ee.doe.gov. 

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 

FARM CREDIT ADMINISTRATION 

12 CFR Parts 614 and 620 

RIN 3052–AD54 

Loan Policies and Operations 

AGENCY: Farm Credit Administration. 

ACTION: Proposed rule. 

SUMMARY: The purpose of the proposed 

rule is to increase direct lender 

associations’ Young, Beginning, and 

Small farmer and rancher (YBS) activity 

and reinforce the supervisory 

responsibilities of the funding banks, 

authorized by section 4.19 of the Farm 

Credit Act. The proposed rule requires 

direct lender associations to adopt an 

independent strategic plan for their YBS 

program. The direct lender association’s 

funding bank will approve each YBS 

strategic plan, annually. The direct 

lender association’s YBS strategic plan 

must contain specific elements that will 

be evaluated as part of a rating system 

to measure year-over-year internal 


khammond on DSKJM1Z7X2PROD with PROPOSALS