Voglio sapere a riguardo di…

Federal Register / Vol. 86, No. 247 / Wednesday, December 29, 2021 / Rules and Regulations
73951

TABLE I.1LIST OF COMMENTERS WITH WRITTEN SUBMISSIONS ON THE AUGUST 2021 NOPIR
Commenters
Abbreviation in this document
Commenter type
A.O. Smith Corporation
Air-Conditioning, Heating & Refrigeration Institute

A.O. Smith
AHRI

American Gas Association, Natural Gas Supply Association, U.S. Chamber of Commerce

AGA et al

American Public Gas Association, Spire, Inc., National Propane Gas Association, and Plumbing, Heating-Cooling ContractorsNational Association.
American Gas Association, American Public Gas Association, Spire Inc. and Spire Missouri, Inc., and the National Propane Gas Association.
Appliance Standards Awareness Project, American Council for an Energy-Efficiency Economy, Consumer Federation of America, Evergreen Action, Fsi Engineers, Green Energy Consumers Alliance, Midwest Energy Efficiency Alliance, National Consumer Law Center, Rocky Mountain Institute, Southwest Energy Efficiency Project.
Attorneys General of New York, Colorado, Illinois, Maine, Maryland, Michigan, Minnesota, Nevada, New Jersey, New Mexico, Oregon, Vermont, Washington, The Commonwealth of Massachusetts, The District of Columbia, and the City of New York.
Bradford White Corporation
California Energy Commission
California Investor-Owned Utilities Pacific Gas and Electric Company, San Diego Gas and Electric, and Southern California Edison.
Crown Boiler Company
Gas End Use Advocacy Group
Heating, Air-Conditioning, & Refrigeration Distributors International
Institute for Energy Research
Institute for Policy IntegrityNew York University School of Law

APGA et al

ASAP et al

Manufacturer.
Manufacturer Trade Association.
Utility & Business Trade Associations.
Utility & Installer Trade Associations.
Utility Trade Associations.
Advocacy Groups.

State Attorneys General.

State, Local Governments.

Bradford White
CEC
CA IOUs

Manufacturer.
State.
Utilities.

Crown Boiler
GEUAG
HARDI
IER
Institute for Policy Integrity.
NRDC et al
NBI
New Yorker Boiler
NEEA
Regal Beloit
Kramer
U.S. Boiler

Manufacturer.
Advocacy Group.
Trade Association.
Advocacy Group.
Academic Institution.

Natural Resources Defense Council, Sierra Club, Earthjustice
New Buildings Institute
New Yorker Boiler Company
Northwest Energy Efficiency Alliance
Regal Beloit Americas, Inc
Steven Kramer
U.S. Boiler Company

Advocacy Groups.
Advocacy Group.
Manufacturer.
Advocacy Group.
Manufacturer.
Individual.
Manufacturer.

Commenters submitting a request for an extension of the NOPIR public comment period, as discussed previously.

A parenthetical reference at the end of a comment quotation or paraphrase provides the location of the item in the public record.8
II. Final Interpretive Rule and Response to Comments
khammond on DSKJM1Z7X2PROD with RULES

Based on DOEs reconsideration of the January 2021 Final Interpretative Rule and careful consideration of the comments received in response to the August 2021 NOPIR, the Department is revising its interpretation of EPCAs features provision in the context of condensing and non-condensing technology used in furnaces, water heating equipment, and similarlysituated appliances. Consistent with the interpretation presented in the May 2015 Furnaces NOPR, the September 2016 Furnaces SNOPR, and the May 2016 Commercial Water Heaters NOPR, DOE concludes that, in the context of 8 The parenthetical reference provides a reference for information located in the docket for the development of this final interpretive rule. Docket No. EERE2018BTSTD0018, which is maintained at www.regulations.gov. The references are arranged as follows: Commenter name, comment docket ID number, page of that document.

VerDate Sep<11>2014

16:59 Dec 28, 2021

Jkt 256001

residential furnaces, commercial water heaters, and similarly-situated products or equipment, use of non-condensing 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. DOE finds that non-condensing technology and the associated venting does not provide unique utility to consumers separate from an appliances function of providing heated air or water, as applicable.
Upon further consideration, DOE
concludes that utility is determined through the benefits and usefulness the feature provides to the consumer while interacting with the product, not through design parameters impacting installation complexity, or costs that anyone, including the consumer, manufacturer, installer, or utility companies, may bear. Stated differently, DOE has determined that differences in cost or complexity of installation between different methods of venting e.g., a condensing furnace versus a noncondensing furnace do not make any method of venting a performancerelated feature under 42 U.S.C.

PO 00000

Frm 00005

Fmt 4700

Sfmt 4700

6295o4, as would justify separating the products/equipment into different product/equipment classes under 42
U.S.C. 6295q1.
This interpretation is consistent with EPCAs requirement for a separate and extensive analysis of economic justification for the adoption of any new or amended energy conservation standard see 42 U.S.C. 6295o23;
42 U.S.C. 6313a6AC; 42 U.S.C.
6316a. Therefore, because DOE has come to see that the issues underlying its January 2021 Final Interpretive Rule are more appropriately framed as matters of cost, this interpretation will return those issues for resolution to their proper sphere as part of DOEs economic analysis in individual energy conservation standards rulemakings.
DOE finds this interpretation to be the better reading of the relevant provisions of EPCA, which is consistent with the intent and purposes of the statute. In the balance of this section, DOE summarizes the comments received on the August 2021 NOPIR, followed by the agencys responses, which provide further basis for the final interpretation set forth in this document.

E:FRFM29DER1.SGM

29DER1