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

This section of the FEDERAL REGISTER
contains regulatory documents having general applicability and legal effect, most of which are keyed to and codified in the Code of Federal Regulations, which is published under 50 titles pursuant to 44 U.S.C. 1510.
The Code of Federal Regulations is sold by the Superintendent of Documents.

DEPARTMENT OF ENERGY
10 CFR Parts 430 and 431
EERE2018BTSTD0018
RIN 1904AE39

Energy Conservation Program for Appliance Standards: Energy Conservation Standards for Residential Furnaces and Commercial Water Heaters Office of Energy Efficiency and Renewable Energy, Department of Energy.
ACTION: Notification of final interpretive rule.
AGENCY:

On August 27, 2021, the U.S.
Department of Energy DOE or Department published in the Federal Register for public comment a proposed interpretive rule to reinstate a longstanding interpretation under which, in the context of residential furnaces, commercial water heaters, and similarly-situated products or equipment, the heat exchanger technology and associated venting used to supply heated air or hot water is not a performance-related feature that provides a distinct consumer utility under the Energy Policy and Conservation Act, as amended EPCA.
The August 27, 2021 proposed interpretive rule set forth the basis and rationale for this final interpretive rule, in which DOE responds to public comments and ultimately reinstates its long-standing interpretation as proposed.
DATES: This final interpretive rule is effective December 29, 2021.
ADDRESSES: The docket for this activity, which includes Federal Register notices, public comments, and other supporting documents/materials, is available for review at www.regulations.gov. All documents in the docket are listed in the www.regulations.gov index. However, not all documents listed in the index
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SUMMARY:

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may be publicly available, such as information that is exempt from public disclosure.
The docket web page can be found at:
www.regulations.gov/
!docketDetail;D=EERE-2018-BT-STD0018. The docket web page contains instructions on how to access all documents, including public comments, in the docket.
For further information on how to review the docket, contact the Appliance and Equipment Standards Program staff at 202 5866636 or by email: ApplianceStandardsQuestions@
ee.doe.gov.
Ms.
Julia Hegarty, U.S. Department of Energy, Office of Energy Efficiency and Renewable Energy, Building Technologies Office, EE5B, 1000
Independence Avenue SW, Washington, DC 205850121. Telephone: 240 597
6737. Email:
ApplianceStandardsQuestions@
ee.doe.gov.
Mr. Eric Stas, U.S. Department of Energy, Office of the General Counsel, GC33, 1000 Independence Avenue SW, Washington, DC 205850121.
Telephone: 202 5865827. Email:
Eric.Stas@hq.doe.gov.
SUPPLEMENTARY INFORMATION:
FOR FURTHER INFORMATION CONTACT:

Table of Contents I. Introduction and Background A. Authority B. Historical Interpretation of the Features Provision C. January 2021 Final Interpretive Rule D. August 2021 Proposed Interpretive Rule II. Final Interpretive Rule and Response to Comments A. Features Provision and Utility B. Cost and Installation Considerations C. Purposes of EPCA
D. Other Topics III. Conclusion IV. Approval of the Office of the Secretary
I. Introduction and Background The following sections discuss the statutory authority underlying this final interpretive rule, as well as the relevant background related to determination of what constitutes a feature for the purpose of establishing energy conservation standards under EPCA.
Additionally, these sections address:
DOEs historical interpretation of what constitutes a feature for the purpose of establishing energy conservation standards under EPCA; DOEs
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interpretation in the January 15, 2021
final interpretive rule 86 FR 4776;
January 2021 Final Interpretive Rule;
the issuance of Executive Order E.O.
13990; and the proposed interpretation in the August 27, 2021 notice of proposed interpretive rule NOPIR 86
FR 48049; August 2021 NOPIR. The following discussion provides the background for the final interpretive rule presented in this document addressing whether non-condensing technology and associated venting constitutes a performance-related feature under EPCA which may not be eliminated by an energy conservation standard.
A. Authority EPCA,1 Public Law 94163 42 U.S.C.
6291 et seq., as amended, authorizes DOE to regulate the energy efficiency of a number of consumer products and certain industrial equipment. When establishing new or amended standards for covered products, DOE is directed to consider any lessening of the utility or the performance of covered products likely to result from the imposition of the standard. 42 U.S.C.
6295o2BiIV Moreover, the Secretary of Energy Secretary may not prescribe an amended or new standard if the Secretary finds and publishes such finding that interested persons have established by a preponderance of the evidence that the standard is likely to result in the unavailability in the United States in any covered product type or class of performance characteristics including reliability, features, sizes, capacities, and volumes collectively referred to hereafter as features that are substantially the same as those generally available in the United States at the time of the Secretarys finding. 42 U.S.C.
6295o4; the features provision EPCA provides a companion provision at 42 U.S.C. 6295q1, which requires that a rule prescribing an energy conservation standard for a type of covered products shall specify a level of energy use or efficiency higher or lower than that which applies or would apply to any group of covered products that have the same function or intended use, if the Secretary determines that covered products within such group:
1 All references to EPCA in this document refer to the statute as amended through the Energy Act of 2020, Public Law 116260 Dec. 27, 2020.

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