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Federal Register / Vol. 86, No. 223 / Tuesday, November 23, 2021 / Rules and Regulations of determination that standards for the product do not need to be amended, or a NOPR including new proposed energy conservation standards proceeding to a final rule, as appropriate. 42 U.S.C.
6295m3B DOE must make the analysis on which the determination is based publicly available and provide an opportunity for written comment. 42
U.S.C. 6295m2
A determination that amended standards are not needed must be based on consideration of whether amended standards will result in significant conservation of energy, are technologically feasible, and are costeffective. 42 U.S.C. 6295m1A and 42 U.S.C. 6295n2 Additionally, any new or amended energy conservation standard prescribed by the Secretary for any type or class of covered product shall be designed to achieve the maximum improvement in energy efficiency which the Secretary determines is technologically feasible and economically justified. 42 U.S.C.
6295o2A Among the factors DOE
considers in evaluating whether a proposed standard level is economically justified includes whether the proposed standard at that level is cost-effective, as defined under 42 U.S.C.
6295o2BiII. Under 42 U.S.C.
6295o2BiII, an evaluation of cost-effectiveness requires DOE to consider savings in operating costs throughout the estimated average life of the covered product in the type or class compared to any increase in the price, initial charges, or maintenance expenses for the covered product that are likely to result from the standard.
42 U.S.C. 6295n2 and 42 U.S.C.
6295o2BiII

A NOPR including new proposed standards, must be based on the criteria established under 42 U.S.C. 6295o. 42
U.S.C. 6295m1B The criteria in 42
U.S.C. 6295o require that standards be designed to achieve the maximum improvement in energy efficiency, which the Secretary determines is technologically feasible and economically justified, and they must result in significant conservation of energy. 42 U.S.C. 6295o2A and 42
U.S.C. 6295o3B In deciding whether a proposed standard is economically justified, DOE must determine, after receiving public comment, whether the benefits of the standard exceed its burdens. 42 U.S.C.
6295o2Bi DOE must make this determination after receiving comments on the proposed standard, and by considering, to the greatest extent practicable, the following seven statutory factors:

42 U.S.C. 6295o2BiIVII
DOE is publishing this final determination in satisfaction of the three-year review requirement in EPCA.
B. Rulemaking History
1 The economic impact of the standard on 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 covered 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 Secretary considers relevant.

The National Appliance Energy Conservation Act of 1987 NAECA, Public Law 10012, amended EPCA to include the initial energy conservation standards for DHElimited to gas DHE
onlywhich were based on annual fuel utilization efficiency AFUE. NAECA
established separate standards for wall fan type, wall gravity type, floor, and room DHE, further divided by input capacity.3 42 U.S.C. 6295e3
DOE codified the statutory standards for gas DHE into the CFR in a final rule published February 7, 1989 February 1989 final rule. 54 FR 6062. Pursuant to the requirements in EPCA 42 U.S.C.
6295e4, DOE conducted two cycles of rulemaking for DHE to determine whether to amend these standards. DOE
published a final rule concluding the first round of rulemaking on April 16, 2010 75 FR 20112 April 2010 final rule, and the Department published a final rule concluding the second round on October 17, 2016 81 FR 71325
October 2016 final determination.
1. Current Standards In the April 2010 final rule, DOE
prescribed the current energy conservation standards for gas vented home heating equipment manufactured on and after April 16, 2013. 75 FR
20112, 2023420235 April 16, 2010.
These standards are set forth in DOEs regulations at 10 CFR 430.32i2 and repeated in Table II.1 of this document.
There are currently no standards for unvented home heating equipment.

TABLE II.1FEDERAL ENERGY CONSERVATION STANDARDS FOR GAS VENTED HOME HEATING EQUIPMENT
DHE type
Heat circulation type
Input rate, Btu/h
Wall

Fan Type

lotter on DSK11XQN23PROD with RULES1

Gravity Type
Floor

All

Room

All

3 DOE defines direct heating equipment as vented home heating equipment and unvented home heating equipment. 10 CFR 430.2. For the
VerDate Sep<11>2014

16:32 Nov 22, 2021

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42,000
>42,000
27,000
>27,000
>46,000
37,000
>37,000
20,000
>20,000
>27,000
>46,000

purpose of the energy conservation standards, DOE
further delineates vented home heating equipment as gas wall fan type, gas wall gravity type, gas
PO 00000

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Fmt 4700

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and 46,000


and 27,000
and 46,000

AFUE, percent 75
76
65
66
67
57
58
61
66
67
68

floor, and gas room, and then further divides product classes by input capacity. 10 CFR 430.32i.

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