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Federal Register / Vol. 86, No. 223 / Tuesday, November 23, 2021 / Rules and Regulations standards for vented heaters were not amended, DOE concluded it was not required under EPCA to adopt amended standards which include standby mode and off mode energy use, and due to the relatively small potential for energy savings, DOE declined to do so. Id.
3. Current Rulemaking On February 26, 2019, DOE published a request for information RFI
February 2019 RFI to solicit information from the public to help DOE determine whether amended standards for DHE would result in significant energy savings and whether such standards would be technologically feasible and economically justified. 84 FR 6095.
On December 1, 2020, DOE published a notice of proposed determination NOPD December 2020 NOPD to not amend its energy conservation standards for DHE. 85 FR 77017. DOE
estimated that for gas wall fan type vented heaters, gas wall gravity type
vented heaters, and gas room vented heaters, potential site energy savings at due to more-stringent standards at the maximum technologically feasible max-tech TSL would be 0.13
quadrillion Btus quads, a reduction of 6 percent in site energy use. Thus, DOE tentatively concluded in the December 2020 NOPD that morestringent standards for DHE would not save a significant amount of energy. Id.
at 85 FR 77037. Additionally, for these product classes, DOE tentatively determined that the potential benefits from amended standards would be outweighed by burdens on manufacturers, thereby tentatively concluding that amended standards would not be economically justified. Id.
at 85 FR 77038. Further, DOE tentatively concluded in the December 2020 NOPD
that more-stringent standards for gas floor vented heaters were not technologically feasible, and that amended standards for these products
are not needed. Id. In this final determination, DOE finalizes its proposed determination from the December 2020 NOPD.
III. General Discussion DOE developed this final determination after a review of the DHE
market, including product literature and product listings in the DOE CCMS
database and the AHRI product directory. DOE also considered written comments, data, and information from interested parties that represent a variety of interests. In response to the December 2020 NOPD, DOE received seven substantive comments from interested parties, which are listed in Table III.1 of this document. DOE also received comments from three stakeholders during a webinar held on January 25, 2021 which discussed the analysis presented in the December 2020 NOPD. This notice addresses issues raised by these commenters.

TABLE III.1INTERESTED PARTIES PROVIDING WRITTEN OR ORAL RESPONSE TO THE DECEMBER 2020 NOPD
Commenter type

Names Abby Spotswood
Air-conditioning, Heating, and Refrigeration Institute
American Public Gas Association APGA and the American Gas Association AGA.
Appliance Standards Awareness Project ASAP, American Council for an Energy-Efficient Economy ACEEE, and Natural Resources Defense Council NRDC.
Association of Home Appliance Manufacturers
Flux Tailor LLC
Northwest Energy Efficiency Alliance
Pacific Gas and Electric PG&E, Southern California Edison SCE, San Diego Gas and Electric SDG&E i.e., California Investor-Owned Utilities.

Acronym
Written comment
Oral comment
I TA
U

Ms. Spotswood
AHRI
Joint Gas Utilities

X
X X

EA

Joint Advocates

X

TA
UC
EA
U

AHAM
Flux Tailor
NEEA
CA IOUs

X
X
X

X X
X

EA: Efficiency/Environmental Advocate; I: Individual; TA: Trade Association; U: Utility or Utility Trade Association; UC: Utility Consultant.

A parenthetical reference at the end of a comment quotation or paraphrase provides the location of the item in the public docket.7
A. Product Classes and Scope of Coverage
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When evaluating and establishing new or amended energy conservation standards, DOE divides covered products into product classes or types based on a specified level of energy used or by capacity or other performance-related features that justify differing standards. 42 U.S.C. 6295q 7 The parenthetical reference provides a reference for information located in the docket of DOEs rulemaking to consider amended energy conservation standards for DHE. Docket No. EERE
2019BTSTD0002, which is maintained at www.regulations.gov/docket?D=EERE2019BT
STD0002. The references are arranged as follows:
commenter name, comment docket ID number, page of that document.

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In making a determination whether a 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
determines are appropriate. Id. The scope of coverage is discussed in further detail in section III.A.1 of this document. The product classes for this final determination are discussed in further detail in section III.A.2 of this document.
1. Scope of Coverage and Definitions This final determination covers those products that meet the definitions of direct heating equipment, which is defined as vented home heating equipment and unvented home heating equipment. 10 CFR 430.2. Home heating equipment, not including furnaces likewise means vented home heating equipment and unvented home
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heating equipment. Id. The existing energy conservation standards at 10 CFR
430.32i2 apply only to product classes of vented home heating equipment. There are no existing energy conservation standards for unvented home heating equipment.
a. Unvented Heaters Unvented heaters are those products that meet the definition for unvented home heating equipment, as codified at 10 CFR 430.2. Under that provision, 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. DOE further defines the various
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