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Federal Register / Vol. 86, No. 164 / Friday, August 27, 2021 / Proposed Rules Mississippi, Missouri, Arkansas, Virginia, Oklahoma, and New Mexico to attend its annual meeting on February 3, 2021. Most of the Executive Directors for certified peanut producer organizations attended this meeting. All the Boards meetings are open to the public and interested persons are invited to participate and express their views. The Board announced that it voted to increase the threshold level from 10,000 to 20,000 per ton on a 3year average production for a state to become a primary peanut-producing state. No concerns were raised.
We have performed this initial RFA
analysis regarding the impact of this proposed action on small entities, and we invite comments concerning potential effects of this action on small businesses.
USDA has determined that this proposed rule is consistent with and would effectuate the purposes of the 1996 Act. A 30-day comment period is provided to allow interested persons to respond to this proposal. All written comments received in response to this proposed rule will be considered prior to finalizing this action.
List of Subjects in 7 CFR Part 1216
Administrative practice and procedure, Advertising, Consumer information, Marketing agreements, Peanut promotion, Reporting and recordkeeping requirements.
For reasons set forth in the preamble, 7 CFR part 1216 is proposed to be amended as follows:
PART 1216PEANUT PROMOTION, RESEARCH, AND INFORMATION
ORDER
1. The authority citation for 7 CFR
part 1216 continues to read as follows:

Authority: 7 U.S.C. 74117425; 7 U.S.C.
7401.

2. Section 1216.15 is revised to read as follows:

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1216.15

Primary peanut-producing
Primary peanut-producing states means Alabama, Arkansas, Florida, Georgia, Mississippi, Missouri, North Carolina, Oklahoma, South Carolina, Texas and Virginia, provided these
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1216.40

Establishment and membership.

a Establishment of a National Peanut Board. There is hereby established a National Peanut Board, hereinafter called the Board, comprised of no more than 12 peanut producers and alternates, appointed by the Secretary from nominations as follows:
1 Eleven members and alternates.
One member and one alternate shall be appointed from each primary peanutproducing state, who are producers and whose nominations have been submitted by certified peanut producer organizations within a primary peanutproducing state.

Bruce Summers, Administrator, Agricultural Marketing Service.
FR Doc. 202118536 Filed 82621; 8:45 am BILLING P

DEPARTMENT OF ENERGY
10 CFR Parts 430 and 431
EERE2018BTSTD0018
RIN 1904AE39

Energy Conservation Program for Appliance Standards: Energy Conservation Standards for Residential Furnaces and Commercial Water Heaters Office of Energy Efficiency and Renewable Energy, Department of Energy.
ACTION: Notification of proposed interpretive rule; request for comment.
AGENCY:

On January 15, 2021, the Department of Energy DOE or Department published a final interpretive rule in the Federal Register determining that, in the context of residential furnaces, commercial water heaters, and similarly-situated products or equipment, use of non-condensing technology and associated venting constitutes a performance-related feature under the Energy Policy and Conservation Act, as amended EPCA, that cannot be eliminated through adoption of an energy conservation standard. DOE deems it prudent to revisit its interpretation. For the reasons stated in this document, the Department proposes to return to its previous and
SUMMARY:

Minor peanut-producing states.

Minor peanut-producing states means all peanut-producing states with the exception of Alabama, Arkansas, Florida, Georgia, Mississippi, Missouri, North Carolina, Oklahoma, South Carolina, Texas and Virginia.
3. Section 1216.21 is revised to read as follows:
1216.21
states.

states maintain a 3-year average production of at least 20,000 tons of peanuts.
4. In 1216.40, paragraphs a introductory text and a1 are revised to read as follows:

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long-standing interpretation in effect prior to the January 15, 2021 final interpretive rule, under which the technology used to supply heated air or hot water is not a performance-related feature that provides a distinct consumer utility under EPCA. DOE
requests comment on its proposed interpretation. Once DOE has arrived at a final interpretation, the Department plans to again evaluate whether amended energy conservation standards would result in significant savings of energy, be technologically feasible, and be economically justified, consistent with its interpretation.
DATES: DOE will accept comments, data, and information regarding this proposed interpretive rule no later than September 27, 2021.
ADDRESSES: Interested persons are encouraged to submit comments using the Federal eRulemaking Portal at www.regulations.gov. Follow the instructions for submitting comments.
Alternatively, interested persons may submit comments, identified by docket number EERE2018BTSTD0018
and/or RIN number 1904AE39, by email: to ResFurnaceCommWaterHeater 2018STD0018@ee.doe.gov. Include docket number EERE2018BTSTD
0018 and/or RIN number 1904AE39 in the subject line of the message. Submit electronic comments in WordPerfect, Microsoft Word, PDF, or ASCII file format, and avoid the use of special characters or any form of encryption.
Although DOE has routinely accepted public comment submissions through a variety of mechanisms, including postal mail and hand delivery/courier, the Department has found it necessary to make temporary modifications to the comment submission process in light of the ongoing COVID19 pandemic. DOE
is currently suspending receipt of public comments via postal mail and hand delivery/courier. If a commenter finds that this change poses an undue hardship, please contact Appliance Standards Program staff at 202 586
1445 to discuss the need for alternative arrangements. Once the COVID19
pandemic health emergency is resolved, DOE anticipates resuming all of its regular options for public comment submission, including postal mail and hand delivery/courier.
No telefacsimiles faxes will be accepted. For detailed instructions on submitting comments and additional information on this process, see section IV Public Participation of this document.
Docket: The docket for this activity, which includes Federal Register notices, comments, and other
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