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Federal Register / Vol. 86, No. 56 / Thursday, March 25, 2021 / Proposed Rules preliminary stages of a rulemaking to issue a new or amended energy conservation standard. Otherwise, if DOE makes an initial determination based upon available evidence that a new or amended energy conservation standard would not meet the applicable statutory criteria, DOE would engage in notice and comment rulemaking before issuing a final determination that new or amended energy conservation standards are not warranted.
A. Authority The Energy Policy and Conservation Act, as amended EPCA,1 among other things, authorizes DOE to regulate the energy efficiency of a number of consumer products and certain industrial equipment. 42 U.S.C. 6291
6317 Title III, Part B 2 of EPCA
established the Energy Conservation Program for Consumer Products Other Than Automobiles. These products include consumer boilers, the subject of this document. 42 U.S.C. 6292a5
Under EPCA, DOEs energy conservation program 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.
6297ac DOE may, however, grant waivers of Federal preemption in limited instances for particular State laws or regulations, in accordance with the procedures and other provisions set forth under EPCA. 42 U.S.C. 6297d DOE must follow specific statutory criteria for prescribing new or amended standards for covered products. 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 or water efficiency that is technologically feasible and economically justified. 42
U.S.C. 6295o2A The Secretary may not prescribe an amended or new 1 All references to EPCA in this document refer to the statute as amended through the Energy Act of 2020, Public Law 116260 Dec. 27, 2020.
2 For editorial reasons, upon codification in the U.S. Code, Part B was redesignated Part A.

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standard that will not result in significant conservation of energy or is not technologically feasible or economically justified. 42 U.S.C.
6295o3
EPCA requires that, no later than six years after the issuance of any final rule establishing or amending a standard, DOE evaluate the energy conservation standards for each type of covered product, including those at issue here, and publish either a notice of determination that the standards do not need to be amended, or a notice of proposed rulemaking NOPR that includes new proposed energy conservation standards proceeding to a final rule, as appropriate. 42 U.S.C.
6295m1 DOE must make the analysis on which its notice if based publicly available and provide an opportunity for written comment. 42
U.S.C. 6295m2 DOE is issuing this early assessment review pursuant to the requirements of 42 U.S.C. 6295m1.
B. Rulemaking History EPCA established energy conservation standards for consumer furnaces and boilers in terms of the Annual Fuel Utilization Efficiency AFUE 42 U.S.C.
6295f13 and directed DOE to conduct a series of rulemakings to determine whether to amend these standards 42 U.S.C. 6295f4; see also 42 U.S.C. 6295m. DOE completed the most recent rulemaking cycle to amend the standards for consumer boilers by publishing a final rule in the Federal Register on January 15, 2016 January 2016 final rule, as required under 42
U.S.C. 6295f4C. 81 FR 2320. The January 2016 final rule adopted new standby mode and off mode standards for consumer boilers in addition to amended AFUE energy conservation standards. Id. Compliance with the new and amended standards for consumer boilers is required beginning January 15, 2021. Id. The current energy conservation standards for consumer boilers are located at title 10 of the Code of Federal Regulations CFR part 430, subpart C, section 32e2. 10 CFR
430.32e2. The currently applicable DOE test procedures for consumer boilers appear at 10 CFR part 430, subpart B, appendix N Appendix N.
II. Request for Information and Comments DOE is publishing this RFI to collect data and information during the early assessment review to inform its decision, consistent with its obligations under EPCA, as to whether the Department should proceed with an energy conservation standards rulemaking. Below DOE has identified
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certain topics for which information and data are requested to assist in the evaluation of the potential for amended energy conservation standards. DOE
also welcomes comments on other issues relevant to its early assessment that may not specifically be identified in this document.
A. 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. 6295q.
In making a determination whether capacity or another 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.
On January 15, 2021, DOE published a final interpretive rule determining that in the context of residential furnaces, commercial water heaters, and similarly-situated products/equipment, use of non-condensing technology and associated venting constitutes a performance-related feature under EPCA that cannot be eliminated through adoption of an energy conservation standard. 86 FR 4776. Consumer boilers are similarly-situated products given that there are consumer boilers currently on the market which employ non-condensing technology and the associated venting. In considering whether to amend the energy conservation standards for consumer boilers, DOE seeks information that would allow the agency to evaluate noncondensing technology and the associated venting consistent with the final interpretative rule, and whether a separate product class is warranted under 42 U.S.C. 6295q1.
On this topic, DOE is particularly interested in comments, information, and data on the following:
Issue 1: DOE requests feedback on the current consumer boiler product classes and whether changes to these individual product classes and their descriptions should be made or whether certain classes should be separated or merged.
Specifically, with regard to consumer boilers that use condensing technology, DOE requests information and data on potential impacts as compared to consumer boilers that use noncondensing technology, such as, but not limited to, the complexity/cost of installation, changes to a homes living/
storage space, and the potential for fuel switching.

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