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Federal Register / Vol. 86, No. 223 / Tuesday, November 23, 2021 / Rules and Regulations
equipment and unvented home heating equipment i.e., vented heaters and unvented heaters, respectively.
Vented home heating equipment and unvented home heating equipment are also defined at 10 CFR 430.2 in which, vented home heating equipment or vented heater means a class of home heating equipment, not including furnaces, designed to furnish warmed air to the living space of a residence, directly from the device, without duct connections except that boots not to exceed 10 inches beyond the casing may be permitted and includes: Vented wall furnace, vented floor furnace, and vented room heater. Whereby, unvented home heating equipment means a class of home heating equipment, not including furnaces, used for the purpose of furnishing heat to a space proximate to such heater directly from the heater and without duct connections and includes electric heaters and unvented gas and oil heaters. Federal energy conservation standards at 10 CFR
430.32i currently exist for vented home heating equipment, but there are currently no standards for unvented home heating equipment.
For this final determination, DOE
evaluated whether energy conservation standards should be proposed for unvented heaters. In addition, DOE
analyzed vented heaters subject to the standards specified in 10 CFR 430.32i.
For unvented home heating equipment, DOE has previously determined that unvented heaters have minimal potential for energy savings, as they are installed within a conditioned space and all waste heat will be transferred to the conditioned space. 75
FR 20112, 20130 April 16, 2010.
Further, the test procedure only includes test methods for annual energy consumption for primary electric heaters and rated output for all unvented heaters and does not include a test method or metric for energy efficiency. See 10 CFR part 430 subpart B appendix G.
For vented home heating equipment, DOE analyzed the current vented heater market and compared it to the market during the previous rulemakings. DOE
found that the number of shipments have reduced since these previous rulemakings and that the available technology options and efficiency levels have not changed significantly. In those earlier rulemakings, DOE found that while some efficiency levels were technologically feasible, they were not economically justified. DOE also examined the energy use of the vented heaters considered in the previous rulemakings.

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Based on the results of these analyses, as summarized and explained in section III of this document, DOE has determined that energy conservation standards for unvented heaters are not warranted due to insignificant potential energy savings. Similarly, DOE has determined that amended energy conservation standards for vented heaters are not warranted due to the lack of changes in the market for these products since DOEs prior determination that the applicable energy conservation standards do not need to be amended. Consequently, DOE has determined to take no further action visa-vis the energy conservation standards for DHE at this time.
II. Authority and Background The following section briefly discusses the statutory authority underlying this final determination, as well as some of the historical background relevant to the establishment of energy conservation standards for unvented home heating equipment and vented home heating equipment.
A. Authority EPCA authorizes DOE to regulate the energy efficiency of a number of consumer products and certain industrial equipment. Title III, Part B of EPCA established the Energy Conservation Program for Consumer Products Other Than Automobiles.
These products include DHE which is the subject of this document. 42 U.S.C.
6292a9 EPCA prescribed energy conservation standards for these products 42 U.S.C. 6295e3, and directs DOE to conduct future rulemakings to determine whether to amend these standards. 42 U.S.C.
6295e4
The energy conservation program under EPCA consists essentially of four parts: 1 Testing, 2 labeling, 3 the establishment of 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.
Subject to certain criteria and conditions, DOE is required to develop test procedures to measure the energy efficiency, energy use, or estimated annual operating cost of each covered product. 42 U.S.C. 6295o3A and 42
U.S.C. 6295r Manufacturers of
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covered products must use the prescribed DOE test procedure as the basis for certifying to DOE that their products comply with the applicable energy conservation standards adopted under EPCA and when making representations to the public regarding the energy use or efficiency of those products. 42 U.S.C. 6293c and 42
U.S.C. 6295s Similarly, DOE must use these test procedures to determine whether the products comply with standards adopted pursuant to EPCA.
42 U.S.C. 6295s The DOE test procedures for unvented home heating equipment and vented home heating equipment, subsets of DHE, appear at 10
CFR part 430, subpart B, appendix G
Appendix G and appendix O
Appendix O, respectively.
Federal energy efficiency requirements generally supersede State laws or regulations concerning energy conservation testing, labeling, and standards. 42 U.S.C. 6297ac DOE
may, however, grant waivers of Federal preemption for particular State laws or regulations, in accordance with the procedures and other provisions set forth under EPCA. See 42 U.S.C.
6297d Pursuant to the amendments contained in the Energy Independence and Security Act of 2007 EISA 2007, Public Law 110140, 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. 6295gg3 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.
6295o, 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.
6295gg3AB In this analysis, DOE
considers such energy use in its final determination not to amend energy conservation standards.
DOE must periodically review its already established energy conservation standards for a covered product no later than 6 years from the issuance of a final rule establishing or amending a standard for a covered product. This 6year look-back provision requires that DOE publish either a determination that standards do not need to be amended or a NOPR, including new proposed standards proceeding to a final rule, as appropriate. 42 U.S.C. 6295m1
EPCA further provides that, not later than 3 years after the issuance of a final determination not to amend standards, DOE must publish either a notification
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