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Federal Register / Vol. 86, No. 164 / Friday, August 27, 2021 / Proposed Rules
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Based on the foregoing discussion, DOE proposes to revise its interpretation of EPCAs features provision in the context of condensing and noncondensing technology used in furnaces, water heating equipment, and similarly-situated appliances where permitted by EPCA along the lines discussed previously. Accordingly, DOE
tentatively concludes that in the context of residential furnaces, commercial water heaters, and similarly-situated products/equipment, use of noncondensing technology and associated venting is not a performance-related feature for the purpose of the EPCA
prohibitions at 42 U.S.C. 6295o4 and 42 U.S.C. 6313a6BiiiIIaa.
III. Conclusion DOE has initially determined that its proposed interpretation is the best reading of the language of EPCA and DOEs statutory obligation to establish energy conservation standards for covered products and equipment.
Additionally, the proposed interpretation would allow DOE to consider more efficient standards for certain products and equipment.
DOE is proposing to revise its application of the features provisions in 42 U.S.C. 6295o4 and 42 U.S.C.
6313a6BiiiIIaa as an interpretive rule within the meaning of the Administrative Procedure Act APA. 5 U.S.C. 5514; 5 U.S.C. 553b.
DOE is publishing this proposed interpretive rule to solicit comment and to provide the public with a clear and transparent explanation of DOEs view of a specific legal question, thereby following a process similar to that which resulted in the January 2021 final interpretive rule.
DOE wishes to make clear that an interpretive rule is a type of rule or regulation within the meaning of those terms in the Administrative Procedure Act, 5 U.S.C. 5514. It is well established under the APA that agencies have the authority to issue interpretive rules, and that these rules are a valuable tool for an agency to use to advise the public prospectively and in a clear and transparent manner of the agencys construction of a statute it administers.
Once again, it is noted that DOE
withdrew its March 12, 2015 proposed rule and September 23, 2016
supplemental proposed rule for energy conservation standards for nonweatherized gas furnace and mobile home gas furnaces, as well as its May 31, 2016 proposed rule for energy conservation standards for commercial water heating equipment, for further proceedings consistent with the interpretation contained in the January
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15, 2021 final interpretive rule. 86 FR
4776, 4817 Jan. 15, 2021; see also 86
FR 3873 Jan. 15, 2021. As explained in this document, DOE is once again examining its interpretation of the relevant statutory provisions in the context of residential furnaces, commercial water heating equipment, and similarly-situated products/
equipment. When this proceeding is complete, DOE 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 latest interpretation.
However, in any future rulemaking, DOE would make clear that the rulemakings for residential furnaces and commercial water heating equipment have been subject to multiple rounds of public comment, including public meetings, and that extensive records have been developed in the relevant dockets. See Docket Number EERE
2014BTSTD0031 and Docket Number EERE2014BTSTD0042, respectively. Consequently, DOE
wishes to reassure stakeholders that the information obtained through those earlier rounds of public comment, information exchange, and data gathering have not gone to waste.
Instead, DOE anticipates building upon the existing record through further notice and comment rulemaking. Such an approach also reflects DOEs cognizance of the statutory deadlines associated with the energy conservation standards for residential furnaces and commercial water heating equipment.
Review Under Executive Order 12866
The Office of Information and Regulatory Affairs OIRA in the Office of Management and Budget OMB
waived review of this proposed interpretive rule under Executive Order 12866, Regulatory Planning and Review. 58 FR 51735 Oct. 4, 1993.
IV. Public Participation DOE invites all interested parties to submit in writing by the date listed in the DATES section of this document, comments and information regarding this proposed interpretive rule.
Interested parties may submit comments, data, and other information using any of the methods described in the ADDRESSES section at the beginning of this document.
Submitting comments via www.regulations.gov. The www.regulations.gov web page will require you to provide your name and contact information. Your contact information will be viewable to DOE
Building Technologies staff only. Your
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contact information will not be publicly viewable except for your first and last names, organization name if any, and submitter representative name if any.
If your comment is not processed properly because of technical difficulties, DOE will use this information to contact you. If DOE
cannot read your comment due to technical difficulties and cannot contact you for clarification, DOE may not be able to consider your comment.
However, your contact information will be publicly viewable if you include it in the comment itself or in any documents attached to your comment.
Any information that you do not want to be publicly viewable should not be included in your comment, nor in any document attached to your comment.
Otherwise, persons viewing comments will see only first and last names, organization names, correspondence containing comments, and any documents submitted with the comments.
Do not submit to www.regulations.gov information for which disclosure is restricted by statute, such as trade secrets and commercial or financial information hereinafter referred to as Confidential Business Information CBI. Comments submitted through www.regulations.gov cannot be claimed as CBI. Comments received through the website will waive any CBI claims for the information submitted. For information on submitting CBI, see the Confidential Business Information section.
DOE processes submissions made through www.regulations.gov before posting. Normally, comments will be posted within a few days of being submitted. However, if large volumes of comments are being processed simultaneously, your comment may not be viewable for up to several weeks.
Please keep the comment tracking number that www.regulations.gov provides after you have successfully uploaded your comment.
Submitting comments via email.
Comments and documents submitted via email also will be posted to www.regulations.gov. If you do not want your personal contact information to be publicly viewable, do not include it in your comment or any accompanying documents. Instead, provide your contact information in a cover letter.
Include your first and last names, email address, telephone number, and optional mailing address. The cover letter will not be publicly viewable as long as it does not include any comments.
Include contact information each time you submit comments, data, documents,
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