[Federal Register Volume 87, Number 116 (Thursday, June 16, 2022)]
[Proposed Rules]
[Pages 36249-36261]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-12787]
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Proposed Rules
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains notices to the public of
the proposed issuance of rules and regulations. The purpose of these
notices is to give interested persons an opportunity to participate in
the rule making prior to the adoption of the final rules.
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Federal Register / Vol. 87, No. 116 / Thursday, June 16, 2022 /
Proposed Rules
[[Page 36249]]
DEPARTMENT OF ENERGY
10 CFR Part 430
[EERE-2022-BT-STD-0018]
RIN 1904-AF37
Energy Conservation Program: Energy Conservation Standards for
Direct Heating Equipment
AGENCY: Office of Energy Efficiency and Renewable Energy, Department of
Energy.
ACTION: Request for information.
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SUMMARY: The U.S. Department of Energy (``DOE'') is initiating an
effort to evaluate whether to establish energy conservation standards
for a category of direct heating equipment (``DHE''), specifically
consumer hearth heaters. This request for information (``RFI'')
solicits information from the public to help DOE determine whether
potential standards for consumer hearth heaters would result in
significant energy savings and whether such standards would be
technologically feasible and economically justified. DOE welcomes
written comments from the public on any subject within the scope of
this document (including topics not specifically raised), as well as
the submission of data and other relevant information.
DATES: Written comments and information are requested and will be
accepted on or before July 18, 2022.
ADDRESSES: Interested persons are encouraged to submit comments using
the Federal eRulemaking Portal at www.regulations.gov,under docket
number EERE-2022-BT-STD-0018. Follow the instructions for submitting
comments. Alternatively, interested persons may submit comments,
identified by docket number EERE-2022-BT-STD-0018 and/or RIN 1904-AF37,
by any of the following methods:
(1) Email: [email protected]. Include docket number
EERE-2022-BT-STD-0018 and/or RIN 1904-AF37 in the subject line of the
message.
(2) Postal Mail: Appliance and Equipment Standards Program, U.S.
Department of Energy, Building Technologies Office, Mailstop EE-5B,
1000 Independence Avenue SW, Washington, DC 20585-0121. Telephone:
(202) 287-1445. If possible, please submit all items on a compact disc
(``CD''), in which case it is not necessary to include printed copies.
(3) Hand Delivery/Courier: Appliance and Equipment Standards
Program, U.S. Department of Energy, Building Technologies Office, 950
L'Enfant Plaza SW, 6th Floor, Washington, DC, 20024. Telephone: (202)
287-1445. If possible, please submit all items on a CD, in which case
it is not necessary to include printed copies.
No telefacsimiles (``faxes'') will be accepted. For detailed
instructions on submitting comments and additional information on this
process, see section III of this document.
Docket: The docket for this activity, which includes Federal
Register notices, 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 may be publicly available, such as those
containing information that is exempt from public disclosure.
The docket web page can be found at www.regulations.gov/docket/EERE-2022-BT-STD-0018. The docket web page contains instructions on how
to access all documents, including public comments, in the docket. See
section III for information on how to submit comments through
www.regulations.gov.
FOR FURTHER INFORMATION CONTACT: Ms. Julia Hegarty, U.S. Department of
Energy, Office of Energy Efficiency and Renewable Energy, Building
Technologies Office, EE-5B, 1000 Independence Avenue SW, Washington, DC
20585-0121. Telephone: (240) 597-6737. Email:
[email protected].
Mr. Eric Stas, U.S. Department of Energy, Office of the General
Counsel, GC-33, 1000 Independence Avenue SW, Washington, DC 20585-0121.
Telephone: (202) 586-5827. Email: [email protected].
For further information on how to submit a comment, or review other
public comments and the docket, contact the Appliance and Equipment
Standards Program staff at (202) 287-1445 or by email:
[email protected].
SUPPLEMENTARY INFORMATION:
Table of Contents
I. Introduction
A. Authority and Background
1. Authority
2. Rulemaking History
B. Rulemaking Process
C. Deviation From Appendix A
II. Request for Information and Comments
A. Products Covered by This Process
B. Test Procedures Applicable to Hearth Heaters
C. Market and Technology Assessment
1. Product Classes
2. Technology Assessment
D. Screening Analysis
E. Engineering Analysis
1. Efficiency Analysis
2. Cost Analysis
F. Markup Analysis
G. Energy Use Analysis
1. Consumer Samples and Market Breakdowns
2. Operating Hours
H. Life-Cycle Cost and Payback Period Analysis
1. Installation Costs
2. Energy Prices
3. Repair and Maintenance Costs
4. Product Lifetime
5. No-New-Standards Case Efficiency Distribution
I. Shipments Analysis
J. National Impact Analysis
K. Manufacturer Impact Analysis
III. Submission of Comments
I. Introduction
A. Authority and Background
1. Authority
The Energy Policy and Conservation Act, as amended (``EPCA''),\1\
Public Law 94-163 (42 U.S.C. 6291-6317, as codified) authorizes DOE to
regulate the energy efficiency of a number of consumer products and
certain industrial equipment. Title III, Part B \2\ of EPCA established
the Energy Conservation Program for Consumer
[[Page 36250]]
Products Other Than Automobiles. (42 U.S.C. 6291-6309) These products
include DHE, which as discussed in the following sections, includes
consumer hearth heaters, the subject of this document. (42 U.S.C.
6292(a)(9))
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\1\ All references to EPCA in this document refer to the statute
as amended through the Energy Act of 2020, Public Law 116-260 (Dec.
27, 2020), which reflects the last statutory amendments that impact
Parts A and A-1 of EPCA.
\2\ For editorial reasons, upon codification in the U.S. Code,
Part B was redesignated Part A.
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The energy conservation program under EPCA consists essentially of
four parts: (1) testing, (2) labeling, (3) 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).
Federal energy efficiency requirements for covered products
established under EPCA generally supersede State laws and regulations
concerning energy conservation testing, labeling, and standards. (42
U.S.C. 6297(a)-(c)) DOE may, however, grant waivers of Federal
preemption in limited circumstances for particular State laws or
regulations, in accordance with the procedures and other provisions of
EPCA. (42 U.S.C. 6297(d))
DOE must follow specific statutory criteria for prescribing new or
amended energy conservation standards for covered products, including
DHE. Any new or amended standard for a covered product must be designed
to achieve the maximum improvement in energy efficiency that the
Secretary of Energy determines is technologically feasible and
economically justified. (42 U.S.C. 6295(o)(2)(A) and 42 U.S.C.
6295(o)(3)(B)) Furthermore, DOE may not adopt any standard that would
not result in the significant conservation of energy. (42 U.S.C.
6295(o)(3))
Moreover, DOE may not prescribe a standard: (1) for certain
products, including direct heating equipment, if no test procedure has
been established for the product, or (2) if DOE determines by rule that
the standard is not technologically feasible or economically justified.
(42 U.S.C. 6295(o)(3)(A)-(B)) In deciding whether a proposed standard
is economically justified, DOE must determine whether the benefits of
the standard exceed its burdens. (42 U.S.C. 6295(o)(2)(B)(i)) DOE must
make this determination after receiving views and comments on the
proposed standard, and by considering, to the greatest extent
practicable, the following seven factors:
(1) The economic impact of the standard on the 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
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 considers relevant.
(42 U.S.C. 6295(o)(2)(B)(i)(I)-(VII))
Further, EPCA establishes a rebuttable presumption that a standard
is economically justified if the Secretary finds that the additional
cost to the consumer of purchasing a product complying with an energy
conservation standard level will be less than three times the value of
the energy savings during the first year that the consumer will receive
as a result of the standard, as calculated under the applicable test
procedure. (42 U.S.C. 6295(o)(2)(B)(iii))
EPCA also contains what is known as an ``anti-backsliding''
provision, which prevents the Secretary from prescribing any amended
standard that either increases the maximum allowable energy use or
decreases the minimum required energy efficiency of a covered product.
(42 U.S.C. 6295(o)(1)) Also, the Secretary may not prescribe an amended
or new standard if 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 that are substantially the
same as those generally available in the United States. (42 U.S.C.
6295(o)(4))
Additionally, EPCA specifies requirements when promulgating an
energy conservation standard for a covered product that has two or more
subcategories that warrant separate product classes and energy
conservation standards with a level of energy efficiency or energy use
either higher or lower than that which would apply for such group of
covered products which have the same function or intended use. DOE must
specify a different standard level for a type or class of products that
has the same function or intended use, if DOE determines that products
within such group: (A) consume a different kind of energy from that
consumed by other covered products within such type (or class); or (B)
have a capacity or other performance-related feature which other
products within such type (or class) do not have and such feature
justifies a higher or lower standard. (42 U.S.C. 6295(q)(1)) In
determining whether capacity or another performance-related feature
justifies a different standard for a group of products, DOE must
consider such factors as the utility to the consumer of the feature and
other factors DOE deems appropriate. Id. Any rule prescribing such a
standard must include an explanation of the basis on which such higher
or lower level was established. (42 U.S.C. 6295(q)(2))
Finally, pursuant to the amendments contained in the Energy
Independence and Security Act of 2007 (``EISA 2007''), Public Law 110-
140, 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. 6295(gg)(3)) 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. 6295(o)), 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.
6295(gg)(3)(A)-(B))
At present there is no test procedure or energy conservation
standard for consumer hearth heaters.
2. Rulemaking History
The National Appliance Energy Conservation Act of 1987 (``NAECA''),
Public Law 100-12, amended EPCA to include DHE in the list of covered
products (42 U.S.C. 6292(a)(9)). NAECA also prescribed the initial
energy conservation standards for DHE--limited to vented gas DHE only--
which were based on annual fuel utilization energy (``AFUE''), and the
statute established separate standards for ``wall fan type,'' ``wall
gravity type,'' ``floor,'' and ``room'' DHE and further divided these
product classes by input capacity.\3\ (42 U.S.C. 6295(e)(3))
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\3\ DOE defines ``direct heating equipment'' as vented home
heating equipment and unvented home heating equipment. 10 CFR 430.2.
For the purpose of the energy conservation standards, DOE further
delineates vented home heating equipment as ``gas wall fan type,''
``gas wall gravity type,'' ``gas floor,'' and ``gas room'' and then
further divides product classes by input capacity. 10 CFR 430.32(i).
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On April 16, 2010, DOE published a final rule in the Federal
Register, which, in relevant part, promulgated definitions and energy
conservation
[[Page 36251]]
standards for certain DHE (i.e., vented gas hearth products). 75 FR
20112 (``April 2010 Final Rule'').\4\ In the April 2010 Final Rule, DOE
concluded that vented hearth products--which were described as
including gas-fired products such as fireplaces, fireplace inserts,
stoves, and log sets that typically include aesthetic features and that
provide space heating--meet the definition of ``vented home heating
equipment'' because they are designed to furnish warmed air to the
living space of a residence. Id. at 75 FR 20128. In the April 2010
Final Rule, DOE also adopted a definition of ``vented hearth heater''
as a vented appliance which simulates a solid fuel fireplace and is
designed to furnish warm air, with or without duct connections, to the
space in which it is installed. Id. at 75 FR 20130, 20234. The
circulation of heated room air may be by gravity or mechanical means.
Id. A vented hearth heater may be freestanding, recessed, zero
clearance, or a gas fireplace insert or stove. Id. Those heaters with a
maximum input capacity less than or equal to 9,000 British thermal
units per hour (``Btu/h''), as measured using DOE's test procedure for
vented home heating equipment (10 CFR part 430, subpart B, appendix O),
were considered purely decorative and were excluded from DOE's
regulations. Id.
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\4\ A correction to the April 2010 Final Rule was published in
the Federal Register on April 27, 2010, to correct a date that is
not relevant to this discussion. 75 FR 21981.
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On November 18, 2011, DOE published in the Federal Register a final
rule that amended the definition of vented hearth heater. 76 FR 71836
(``November 2011 Final Rule''). The November 2011 Final Rule
established criteria to differentiate vented hearth heaters from purely
decorative heaters based on safety standard certifications, labeling,
and prescriptive elements (i.e., sold without a thermostat and without
a standing pilot light). Id. at 76 FR 71859. The November 2011 Final
Rule defined a vented hearth heater as a vented appliance which
simulates a solid fuel fireplace and is designed to furnish warm air,
with or without duct connections, to the space in which it is
installed; the circulation of heated room air may be by gravity or
mechanical means; a vented hearth heater may be freestanding, recessed,
zero clearance, or a gas fireplace insert or stove; and the following
products were not subject to the energy conservation standards for
vented hearth heaters:
Vented gas log sets and
Vented gas hearth products that meet all of the following
four criteria:
[cir] Certified to American National Standards Institute (``ANSI'')
Z21.50, Vented Decorative Gas Appliances, but not to ANSI Z21.88,
Vented Gas Fireplace Heaters;
[cir] Sold without a thermostat and with a warranty provision
expressly voiding all manufacturer warranties in the event the product
is used with a thermostat;
[cir] Expressly and conspicuously identified on its rating plate
and in all manufacturer's advertising and product literature as a
``Decorative Product: Not for use as a Heating Appliance''; and
[cir] With respect to products sold after January 1, 2015, not
equipped with a standing pilot light or other continuously-burning
ignition source.
Id. at 76 FR 71859.
The Hearth, Patio & Barbecue Association (``HPBA'') sued DOE in the
United States Court of Appeals for the District of Columbia Circuit
(``D.C. Circuit'') to invalidate the April 2010 Final Rule (and
subsequently extended to the November 2011 Final Rule) as those rules
pertained to vented gas hearth products. Petition for Review, Hearth,
Patio & Barbecue Association v. Department of Energy, et al., No. 10-
1113 (D.C. Cir. filed May 27, 2010). On February 8, 2013, the D.C.
Circuit issued its opinion in the HPBA case and ordered that the
definition of ``vented hearth heater'' adopted by DOE be vacated, and
remanded the matter to DOE to interpret the challenged provisions in
accordance with the Court's opinion. Hearth, Patio & Barbecue
Association et al v. Department of Energy, 706 F.3d 499 (D.C. Cir.
2013). The Court held that the phrase ``vented hearth heater'' did not
encompass decorative fireplaces as that term is traditionally
understood, vacated the entire statutory definition of ``vented hearth
heater,'' and remanded for DOE to interpret the challenged provisions
consistent with the court's opinion. Id. at 509. On July 29, 2014, DOE
published a final rule in the Federal Register amending the relevant
portions of its regulations to reflect the Court's decision to vacate
the regulatory definition of ``vented hearth heater'' (and by
implication, the associated energy conservation standards). 79 FR
43927.
On December 31, 2013, DOE published a notice of proposed
determination of coverage (``NOPD'') for hearth products in the Federal
Register. 78 FR 79638 (``December 2013 NOPD''). DOE proposed to define
``hearth product'' as a gas-fired appliance that simulates a solid-
fueled fireplace or presents a flame pattern (for aesthetics or other
purpose) and that may provide space heating directly to the space in
which it is installed. DOE also provided examples of products meeting
this definition, including vented decorative hearth products, vented
heater hearth products, vented gas logs, gas stoves, outdoor hearth
products, and ventless hearth products. Id. at 78 FR 79640.
Subsequently, on February 9, 2015, DOE published a notice of proposed
rulemaking (``NOPR'') proposing energy conservation standards for
hearth products in the Federal Register. 80 FR 7082 (``February 2015
NOPR). On March 31, 2017, DOE withdrew the December 2013 NOPD \5\ in
the bi-annual publication of the Regulatory Agenda for the reasons
explained subsequently.\6\ 82 FR 40270, 40274 (August 24, 2017).
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\5\ Withdrawal of the December 2013 NOPD also resulted in the
withdrawal of the February 2015 NOPR.
\6\ Past publications of DOE's Regulatory Agenda can be found
at: resources.regulations.gov/public/component/main.
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On February 7, 2022, DOE published in the Federal Register a NOPD
for the coverage of miscellaneous gas products. 87 FR 6786 (``February
2022 NOPD''). In that NOPD, DOE stated that it had been overly broad in
discussion of the Court's holding in the context of vented hearth
heaters in the withdrawn December 2013 NOPD. Although there are not
currently energy conservation standards for vented hearth heaters in
DOE's regulations at 10 CFR 430.32(i), DOE explained that these
products are appropriately covered as vented home heating equipment (a
category of DHE) and that such products were not part of the February
2022 NOPD. Id. at 87 FR 6788. As noted in section I.A.1 of this
document, EPCA authorizes DOE to regulate the energy efficiency of DHE,
which includes vented and unvented home heating equipment (including
vented and unvented hearth heaters). (See 42 U.S.C. 6292(a)(9))
Energy conservation standards for other categories of DHE were most
recently reviewed on November 23, 2021, when DOE published a final
determination in the Federal Register which found that the energy
conservation standards for direct heating equipment do not need to be
amended (``November 2021 Final Determination''). 86 FR 66403. However,
the November 2021 Final Determination did not consider hearth heaters,
and DOE stated in that notice that to the extent the Department decides
to consider energy conservation standards for hearth heaters, it would
do so in a separate rulemaking. Id. at 86 FR 66409.
DOE is publishing this RFI to collect data and information about
consumer
[[Page 36252]]
hearth heaters to inform its consideration of energy conservation
standards for such products, consistent with its obligations under
EPCA.
B. Rulemaking Process
DOE must follow specific statutory criteria for prescribing new or
amended standards for covered products. As noted, EPCA requires that
any new or amended energy conservation standard prescribed by the
Secretary of Energy (``Secretary'') be designed to achieve the maximum
improvement in energy efficiency (or water efficiency for certain
products specified by EPCA) that is technologically feasible and
economically justified. (42 U.S.C. 6295(o)(2)(A)) Furthermore, DOE may
not adopt any standard that would not result in the significant
conservation of energy. (42 U.S.C. 6295(o)(3)(B))
Particularly in light of the climate crisis, the significance of
energy savings offered by a new or amended energy conservation standard
cannot be determined without knowledge of the specific circumstances
surrounding a given rulemaking.\7\ For example, the United States has
now rejoined the Paris Agreement on February 19, 2021. As part of that
agreement, the United States has committed to reducing greenhouse gas
(``GHG'') emissions in order to limit the rise in mean global
temperature.\8\ As such, energy savings that reduce GHG emissions have
taken on greater importance. Additionally, some covered products and
equipment have most of their energy consumption occur during periods of
peak energy demand. The impacts of these products on the energy
infrastructure can be more pronounced than products with relatively
constant demand. In evaluating the significance of energy savings, DOE
considers differences in primary energy and FFC effects for different
covered products and equipment when determining whether energy savings
are significant. Primary energy and FFC effects include the energy
consumed in electricity production (depending on load shape), in
distribution and transmission, and in extracting, processing, and
transporting primary fuels (i.e., coal, natural gas, petroleum fuels),
and thus present a more complete picture of the impacts of energy
conservation standards. Accordingly, DOE evaluates the significance of
energy savings on a case-by-case basis.
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\7\ Procedures, Interpretations, and Policies for Consideration
in New or Revised Energy Conservation Standards and Test Procedures
for Consumer Products and Commercial/Industrial Equipment, 86 FR
70892, 70901 (Dec. 13, 2021).
\8\ See Executive Order 14008, ``Tackling the Climate Crisis at
Home and Abroad,'' 86 FR 7619 (Feb. 1, 2021).
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To determine whether a proposed new or amended energy conservation
standard is economically justified, EPCA requires that DOE determine
whether the benefits of the standard exceed its burdens by considering,
to the greatest extent practicable, the following seven factors:
(1) The economic impact of the standard on the manufacturers and
consumers of the affected products subject to the standard;
(2) The savings in operating costs throughout the estimated
average life of the covered product in the type (or class) compared
to any increases 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
products likely to result directly 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 considers relevant.
(42 U.S.C. 6295(o)(2)(B)(i)(I)-(VII))
DOE fulfills these and other applicable requirements by conducting
a series of analyses throughout the rulemaking process. Table I.1 shows
the individual analyses that are performed to satisfy each of the
requirements within EPCA.
Table I.1--EPCA Requirements and Corresponding DOE Analysis
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EPCA requirement Corresponding DOE analysis
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Significant Energy Savings.............. Shipments Analysis.
National Impact
Analysis.
Energy Use Analysis.
Technological Feasibility............... Market and Technology
Assessment.
Screening Analysis.
Engineering Analysis.
Economic Justification:
1. Economic Impact on Manufacturers Manufacturer Impact
and Consumers. Analysis.
Life-Cycle Cost and
Payback Period Analysis.
Life-Cycle Cost
Subgroup Analysis.
Shipments Analysis.
2. Lifetime Operating Cost Savings Markups for Product
Compared to Increased Cost for the Price Analysis.
Product. Energy and Water Use
Analysis.
Life-Cycle Cost and
Payback Period Analysis.
3. Total Projected Energy Savings... Shipments Analysis.
National Impact
Analysis.
4. Impact on Utility or Performance. Screening Analysis.
Engineering Analysis.
5. Impact of Any Lessening of Manufacturer Impact
Competition. Analysis.
6. Need for National Energy and Shipments Analysis.
Water Conservation. National Impact
Analysis.
7. Other Factors the Secretary Employment Impact
Considers Relevant. Analysis.
Utility Impact
Analysis.
Emissions Analysis.
Monetization of
Emission Reductions
Benefits.\9\
Regulatory Impact
Analysis.
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[[Page 36253]]
As detailed throughout this RFI, DOE is publishing this document
seeking input and data from interested parties to aid in the
development of the technical analyses on which DOE would ultimately
rely as it considers adopting energy conservation standards for
consumer hearth heaters.
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\9\ On March 16, 2022, the Fifth Circuit Court of Appeals (No.
22-30087) granted the Federal government's emergency motion for stay
pending appeal of the February 11, 2022, preliminary injunction
issued in Louisiana v. Biden, No. 21-cv-1074-JDC-KK (W.D. La.). As a
result of the Fifth Circuit's order, the preliminary injunction is
no longer in effect, pending resolution of the federal government's
appeal of that injunction or a further court order. Among other
things, the preliminary injunction enjoined the defendants in that
case from ``adopting, employing, treating as binding, or relying
upon'' the interim estimates of the social cost of greenhouse
gases--which were issued by the Interagency Working Group on the
Social Cost of Greenhouse Gases on February 26, 2021--to monetize
the benefits of reducing greenhouse gas emissions. In the absence of
further intervening court orders, DOE will revert to its approach
prior to the injunction and present monetized benefits where
appropriate and permissible under law.
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C. Deviation From Appendix A
In accordance with section 3(a) of 10 CFR part 430, subpart C,
appendix A (``appendix A''), ``Procedures, Interpretations, and
Policies for Consideration of New or Revised Energy Conservation
Standards and Test Procedures for Consumer Products and Certain
Commercial/Industrial Equipment,'' DOE notes that it is deviating from
the provision in appendix A \requiring a 75-day comment period for all
pre-NOPR standards documents. 10 CFR part 430, subpart C, appendix A,
section 6(d)(2). DOE finds it appropriate to deviate from this
provision and to instead provide a 30-day comment period. DOE believes
that 30 days is a sufficient time to respond to this initial rulemaking
document, particularly since the market and available technologies for
consumer hearth heaters have not changed substantially since the
February 2015 NOPR, so, therefore, a 30-day comment period should be
adequate to allow stakeholders to provide any relevant updates.
II. Request for Information and Comments
In the following sections, DOE has identified a variety of issues
on which it seeks input to aid in the development of the technical and
economic analyses regarding whether establishing energy conservation
standards for consumer hearth heaters (a category of DHE products) may
be warranted.
A. Products Covered by This Process
This RFI addresses consumer hearth heaters. Although DOE does not
currently have a definition for ``hearth heater,'' for the purpose of
this RFI, DOE is generally considering these to be a category of DHE
that is comprised of products that simulate a solid-fuel fireplace and/
or present an aesthetic flame pattern and that are designed to provide
heat to the indoor space in which they are used. These can be vented
(i.e., a subset of vented home heating equipment) or unvented (i.e., a
subset of unvented home heating equipment). Further, hearth heaters can
be gas-fired, oil-fired, or electric. DOE expects that oil-fired hearth
heaters make up a small minority of shipments. Additionally, the energy
savings potential from electric hearth heaters is expected to be de
minimis because the efficiency of the electric resistance heaters used
in such products approaches 100 percent and all the heat produced by
electric resistance heaters will be directed into conditioned space.
(Similarly, practically all the heat produced by unvented gas-fired or
oil-fired hearth heaters is expected to enter the conditioned space. In
contrast, vented gas-fired or oil-fired hearth heaters vent combustion
products outdoors and lose heat in the vented combustion gases. As
discussed in sections II.B and II.E of this document, DOE tentatively
concludes that the differences between vented and unvented hearth
heaters may make it appropriate to apply different test procedures and
conduct separate engineering analyses for these different types of
products.) For this RFI, DOE is not considering as hearth heaters
products that are decorative hearth products or outdoor heaters, as
proposed to be defined in the February 2022 NOPD. 87 FR 6786, 6790
(Feb. 7, 2022). Further discussion of the range of products DOE
considers to be consumer hearth heaters, as well as potential class
distinctions, is presented in section II.C.1 of this document.
DOE requests comment on an appropriate definition for a consumer
``hearth heater.'' DOE also requests feedback on whether sub-categories
of hearth heaters are necessary (e.g., ``vented hearth heaters'' and
``unvented hearth heaters''), and, if so, what the definitions of those
sub-categories should be.
DOE seeks comment on whether oil-fired hearth heaters are currently
being manufactured, as well as the relative market shares of gas-fired,
oil-fired, and electric hearth heaters. DOE requests comment on its
expectation that the energy savings potential from possible energy
conservation standards for electric hearth heaters would be de minimis.
DOE requests comment on whether additional product definitions are
necessary to close any potential gaps in coverage between product
types.
B. Test Procedures Applicable to Hearth Heaters
Although hearth heaters are not currently subject to energy
conservation standards, the current DOE test procedures for other
classes of DHE (i.e., 10 CFR part 430, subpart B, appendix G, Uniform
Test Method for Measuring the Energy Consumption of Unvented Home
Heating Equipment (``appendix G'') and 10 CFR part 430, subpart B,
appendix O, Uniform Test Method for Measuring the Energy Consumption of
Vented Home Heating Equipment (``appendix O'')) provide a test method
and calculations to determine energy use or energy efficiency. DOE
notes that numerous vented hearth heaters currently on the market are
advertised with an AFUE rating, which is the regulatory metric for
other classes of DHE. However, DOE recognizes that certain
clarifications may be appropriate to facilitate testing of hearth
heaters. For example, appendix O specifies installation instructions
for the types of DHE that currently have energy conservation
standards--wall furnaces, floor furnaces, and room heaters--so
additional clarification may be needed for hearth heaters. See section
2.1 of appendix O. Similarly, circulating air adjustments are specified
for wall furnaces, room heaters, and floor furnaces, so similar
clarifications may be required for hearth heaters. See section 2.5 of
appendix O. In addition, hearth heaters sometimes use ``on demand''
pilot technology, which includes a continuously-burning pilot light
that will automatically shut off if the main burner is not lit for a
certain period of time (e.g., 7 days). Such products could benefit from
additional clarification on treatment of the pilot light during
testing. In addition to considering the use of the existing DHE test
methods at appendix G and appendix O, DOE may also consider alternative
test procedures for hearth heaters that would be more appropriate.
DOE seeks comment regarding appropriate test procedures for
unvented and vented hearth heaters, including the applicability of
DOE's test procedures at appendix G and appendix O, or any other
applicable industry test procedures (and any additional clarifications
or requirements that may be necessary). DOE also seeks comment
[[Page 36254]]
regarding alternative test procedure requirements for unvented and
vented hearth heaters.
C. Market and Technology Assessment
The market and technology assessment that DOE routinely conducts
when analyzing the impacts of a potential new or amended energy
conservation standard provides information about the hearth heater
industry that will be used in DOE's analysis throughout the rulemaking
process. DOE uses qualitative and quantitative assessments to
characterize the structure of the industry and market, based primarily
upon publicly-available information. The subjects addressed in the
market and technology assessment include: (1) a determination of the
scope of the rulemaking and products classes; (2) manufacturers and
industry structure; (3) industry market shares and trends; (4) existing
regulatory and non-regulatory initiatives intended to improve energy
efficiency or reduce energy consumption; (5) shipments information; and
(6) technologies or design options that could improve the energy
efficiency of hearth heaters. DOE also reviews product literature,
industry publications, and company websites. Additionally, DOE will
consider conducting interviews with manufacturers to improve its
assessment of the market and available technologies for hearth heaters.
1. Product Classes
When evaluating and establishing energy conservation standards, DOE
may divide covered products into product classes by the type of energy
used, or by capacity or other performance-related features that justify
a different standard. (42 U.S.C. 6295(q)(1)) 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 deems appropriate. (Id.)
Although hearth heaters are a category of DHE products, for the
reasons explained previously, there currently are no energy
conservation standards for hearth heaters. Furthermore, as discussed in
section II.A of this document, there is also no current definition for
``hearth heater,'' nor are hearth heaters divided into separate product
classes. However, there are a wide variety of products on the market
that are hearth heaters. For example, these products can be vented
(i.e., vented hearth heaters) or unvented (i.e., unvented hearth
heaters). Hearth heaters can also exist in a variety of configurations,
such as stoves or fireplace inserts.
In a NOPR published in the Federal Register on December 11, 2009
(``December 2009 NOPR''), DOE proposed product classes for gas hearth
products that were subdivided by input heating capacity. 74 FR 65852,
65871-65872. Similarly, in the April 2010 Final Rule in which these
product classes were adopted, gas hearths included only vented home
heating equipment. 75 FR 20112, 20234-20235 (April 16, 2010). (However,
as discussed in section I.A.2 of this document, the D.C. Circuit later
(in 2013) ordered that the definition of ``vented hearth heater''
adopted by DOE be vacated, and remanded the matter to the Department
for further rulemaking consistent with the court's decision.) In an
analysis performed for the February 2015 NOPR, which focused on standby
mode energy consumption, DOE found substantial similarity among hearth
products of all types, in that the primary mechanism of energy
consumption in standby mode is a constant-burning pilot. 80 FR 7082,
7091 (Feb. 9, 2015). Thus, DOE did not propose to divide hearth
products into multiple product classes. Accordingly, DOE tentatively
concluded that the establishment of product classes was not necessary
for the energy conservation standards being analyzed at that time. Id.
Additionally, in the February 2015 NOPR (which covered both hearth
heaters and decorative hearths), DOE tentatively concluded that there
was no universally accepted definition or set of defining features for
what constitutes different categories of hearth products. 80 FR 7082,
7091 (Feb. 9, 2015). In research conducted for the February 2015 NOPR,
DOE found that the same product is sometimes certified to multiple ANSI
standards. Id. DOE identified unvented gas log sets certified to the
ANSI Z21.60 \10\ decorative gas-fire appliance standard in addition to
the ANSI Z21.11.2 \11\ unvented heater standard. Id. DOE also
identified vented products advertised with an AFUE or thermal
efficiency rating, and certified to either or both the ANSI Z21.88 \12\
vented heater fireplace standard or the ANSI Z21.50 \13\ vented
fireplace standard. Id.
---------------------------------------------------------------------------
\10\ The most up-to-date version of this standard is ANSI
Z21.60-2017/CSA 2.26-2017; Decorative Gas Appliances For
Installation In Solid-Fuel Burning Fireplaces (Available at: https://webstore.ansi.org/Standards/CSA/ansiz21602017csa26) (Last accessed
June 6, 2022).
\11\ The most up-to-date version of this standard is CSA/ANSI
Z21.11.2-2019; Gas-Fired Room Heaters, Volume III, Unvented Room
Heaters (Available at: https://webstore.ansi.org/Standards/CSA/csaansiz21112019) (Last accessed June 6, 2022).
\12\ The most up-to-date version of this standard is CSA/ANSI
Z21.88-19/CSA 2.33-2019; Vented Gas Fireplace Heaters (Available at:
https://webstore.ansi.org/Standards/CSA/CSAANSIZ218819332019) (Last
accessed June 6, 2022).
\13\ The most up-to-date version of this standard is CSA/ANSI
Z21.50-19/CSA 2.22-2019; Vented Decorative Gas Appliances (Available
at: https://webstore.ansi.org/Standards/CSA/CSAANSIZ215019222019)
(Last accessed June 6, 2022).
---------------------------------------------------------------------------
DOE requests feedback on whether hearth heaters have performance-
related features (e.g., heat exchanger design, flame characteristics,
or heat output) that provide unique consumer utility that impact energy
use of the product. If so, DOE requests data detailing the
corresponding impacts on energy use that would justify separate product
classes (i.e., explanation for why the presence of these performance-
related features would increase energy consumption).
2. Technology Assessment
In analyzing the feasibility of potential new or amended energy
conservation standards, DOE uses information about existing and past
technology options and working prototype designs to help identify
technologies that manufacturers could use to meet and/or exceed a given
set of energy conservation standards under consideration. In
consultation with interested parties, DOE intends to develop a list of
technologies to consider in its analysis. That analysis will likely
include a number of the technology options DOE previously considered
for hearth heaters as part of the April 2010 Final Rule and/or the
February 2015 NOPR, which covered products including consumer hearth
heaters. A complete list of those prior options appears in Table II.1
of this document.
Table II.1--Potential Technology Options for Hearth Heaters
------------------------------------------------------------------------
--
-------------------------------------------------------------------------
Optimized Air-to-Fuel Ratio.
Burner Port Design.
Improved Simulated Log Design.
Improved Pan Burner Media/Bead Type.
Reflective Walls and/or Other Components Inside Combustion Zone.
Air Circulation Fan.
Electronic Ignition.
Condensing Heat Exchanger.
Increased Heat Exchanger Surface Area.
Multiple Flues.
Multiple Turns in Flue.
Direct Vent (Concentric).
Increased Heat Transfer Coefficient.
Thermal Vent Damper.
Electric Vent Damper.
Induced Draft.
2-Stage or Modulating Operation.
[[Page 36255]]
Increased Insulation.
Condensing Pulse Combustion.
Sealed Combustion.
------------------------------------------------------------------------
DOE seeks information on the technologies listed in Table II.1
regarding their applicability to the current hearth heater market
(including both vented and unvented hearth heaters) and how these
technologies might potentially impact the efficiency of hearth heaters.
DOE also seeks information on how these technologies may have changed
since they were considered in the April 2010 Final Rule and/or February
2015 NOPR. Specifically, DOE seeks information on the range of
efficiencies or performance characteristics that are currently
available for each technology option.
DOE also seeks comment on any other technology options that it
should consider for inclusion in its analysis and whether these
technologies might impact product features or consumer utility of
hearth heaters.
D. Screening Analysis
The purpose of the screening analysis is to further evaluate the
technologies with the potential to improve equipment efficiency to
determine which technologies should be eliminated from further
consideration and which ones should proceed to the engineering analysis
for further consideration in the energy conservation standards
rulemaking.
DOE determines whether to eliminate certain technology options from
further consideration based on the following five screening criteria:
(1) Technological feasibility. Technologies that are not
incorporated in commercial products or in working prototypes will
not be considered further.
(2) Practicability to manufacture, install, and service. If it
is determined that mass production and reliable installation and
servicing of a technology in commercial products could not be
achieved on the scale necessary to serve the relevant market at the
time of the projected compliance date of the standard, then that
technology will not be considered further.
(3) Impacts on productt utility or product availability. If it
is determined that a technology would have significant adverse
impact on the utility of the product to significant subgroups of
consumers, or would result in the unavailability of any covered
product type with performance characteristics (including
reliability), features, sizes, capacities, and volumes that are
substantially the same as products generally available in the United
States at the time, it will not be considered further.
(4) Adverse impacts on health or safety. If it is determined
that a technology would have significant adverse impacts on health
or safety, it will not be considered further.
(5) Unique-Pathway Proprietary Technologies. If a design option
utilizes proprietary technology that represents a unique pathway to
achieving a given efficiency level, that technology will not be
considered further due to the potential for monopolistic concerns.
10 CFR part 430, subpart C, appendix A, sections 6(b)(3) and 7(b).
Technology options identified in the technology assessment are
evaluated against these criteria using DOE analyses and inputs from
interested parties (e.g., manufacturers, trade organizations, and
energy efficiency advocates). Technologies that pass through the
screening analysis are referred to as ``design options'' in the
engineering analysis. Technology options that fail to meet one or more
of the five criteria are eliminated from further consideration.
DOE requests feedback on what impact, if any, the five screening
criteria described in this section would have when applied to each of
the technology options listed in Table II.1 pertaining to hearth
heaters. Similarly, DOE seeks information regarding the effect these
same criteria would have when applied to any other technology options
not already identified in this document with respect to their potential
use in hearth heaters.
E. Engineering Analysis
The purpose of the engineering analysis is to establish the
relationship between the efficiency and cost of consumer hearth
heaters. There are two elements to consider in the engineering
analysis: (1) the selection of efficiency levels to analyze (i.e., the
``efficiency analysis'') and (2) the determination of product cost at
each efficiency level (i.e., the ``cost analysis''). In determining the
performance of higher-efficiency products, DOE considers technologies
and design option combinations not eliminated by the screening
analysis. For each product class, DOE estimates the baseline cost
(i.e., the manufacturer production cost (MPC)), as well as the
incremental cost for the product at efficiency levels above the
baseline. The output of the engineering analysis is a set of cost-
efficiency ``curves'' that are used in downstream analyses (i.e., the
life-cycle cost (``LCC'') and payback period (``PBP'') analyses and the
national impact analysis (``NIA'')). The following sections provide
further detail on DOE's engineering analysis and seek public input on
specific issues pertinent to consumer hearth heaters, the subject of
this rulemaking.
1. Efficiency Analysis
DOE typically uses one of two approaches to develop energy
efficiency levels for the engineering analysis: (1) relying on observed
efficiency levels in the market (i.e., the efficiency-level approach),
or (2) determining the incremental efficiency improvements associated
with incorporating specific design options to a baseline model (i.e.,
the design-option approach). Using the efficiency-level approach, the
efficiency levels established for the analysis are determined based on
the market distribution of existing products (in other words, based on
the range of efficiencies and efficiency level ``clusters'' that
already exist on the market). Using the design-option approach, the
efficiency levels established for the analysis are determined through
detailed engineering calculations and/or computer simulations of the
efficiency improvements from implementing specific design options that
have been identified in the technology assessment. DOE may also rely on
a combination of these two approaches. For example, the efficiency-
level approach (based on actual products on the market) may be extended
using the design-option approach to interpolate to define ``gap fill''
levels (to bridge large gaps between other identified efficiency
levels) and/or to extrapolate to the max-tech level (particularly in
cases where the max-tech level exceeds the maximum efficiency level
currently available on the market).
For unvented hearth heaters, the combustion by-products enter the
heated space rather than being vented outdoors, and as a result, there
is no heat loss from venting of the combustion gases. In contrast,
vented hearth heaters vent combustion products outdoors and lose heat
in the vented combustion gases. As discussed in section II.B of this
document, DOE expects that the test procedures at appendix G would
apply to unvented hearth heaters and that the test procedures at
appendix O would apply to vented hearth heaters. Consistent with the
performance differences between vented and unvented products, these
test methods provide different procedures and metrics for measuring
energy consumption and/or efficiency. Therefore, DOE tentatively
concludes that the disparate performance mechanisms of unvented hearth
heaters and vented hearth heaters make it appropriate to conduct
separate engineering analyses for these different
[[Page 36256]]
types. The efficiency analysis for vented and unvented hearth heaters
are discussed separately in more detail in sections II.E.1.a and
II.E.1.b of this document, respectively.
DOE generally selects a baseline model as a reference point for
each product class, and measures changes resulting from potential new
or amended energy conservation standards against the baseline. The
baseline model in each product class represents the characteristics of
products typical of that class (e.g., capacity, physical size).
Generally, a baseline model is one that just meets current energy
conservation standards, or, if no standards are in place (as is the
case for hearth heaters), the baseline is typically the most common or
least-efficient unit on the market. Because there are currently no
standards for hearth heaters and these products are not required to
certify ratings to DOE, DOE intends to survey the market and consider
the baseline to be the least-efficient product designs currently
available.
a. Vented Hearth Heaters
The current test procedure for vented home heating equipment,
appendix O, establishes the method for calculating AFUE and annual
energy consumption. In the April 2010 Final Rule, DOE determined that
64 percent AFUE was an appropriate baseline efficiency for gas vented
hearth heaters (which were described as including gas-fired products
such as fireplaces, fireplace inserts, stoves, and log sets that
typically include aesthetic features and that provide space heating)
and was associated with products using standing pilot ignition
technology. 75 FR 20112, 20128, 20146 (April 16, 2010). However,
through a preliminary review of the market, DOE has found that hearth
heaters with ratings below 64 percent AFUE may be available today. As
discussed in section I.A.2 of this document, the definition of ``vented
hearth heater'' was vacated in 2014 (and by implication, the associated
energy conservation standards).
DOE requests comment on the appropriate baseline efficiency level
for vented gas hearth heaters, as well as the corresponding design
features characteristic of the baseline efficiency. Similarly, DOE
requests comment on the appropriate baseline for vented oil hearth
heaters.
As part of DOE's analysis, the maximum available efficiency level
is the highest-efficiency unit currently available on the market. DOE
defines a ``max-tech'' efficiency level to represent the theoretical
maximum possible efficiency if all available design options (that have
passed the screening analysis) are incorporated in a model. In applying
these design options, DOE would only include those options that are
compatible with each other and that when combined would represent the
theoretical maximum possible efficiency. In some cases, the max-tech
efficiency level differs from the maximum available efficiency level,
because the max-tech design options are not economically feasible to
implement. In the April 2010 Final Rule, the max-tech level for gas
vented hearth heaters was determined to be 93 percent AFUE. 75 FR
20112, 20146 (April 16, 2010). This efficiency level was found to be
achieved using condensing operation. In addition, DOE analyzed
intermediate efficiency levels of 67 percent and 72 percent AFUE, which
corresponded to design options of an electronic ignition system and a
fan-assisted air circulation system, respectively. Id. Vented oil-fired
hearth heaters were not considered in the April 2010 Final Rule.
DOE requests comment on higher efficiency levels for vented gas
hearth heaters and their associated design features. Additionally, DOE
requests comment on appropriate efficiency levels above baseline for
vented oil hearth heaters and their associated design features.
DOE also seeks input on identifying the max-tech efficiency
level(s) and associated design options for gas and oil vented hearth
heaters. Additionally, for any max-tech efficiency level identified by
stakeholders, DOE also seeks input on whether such a max-tech
efficiency level would be appropriate for potential consideration as
possible energy conservation standards for hearth heaters, and if not,
why not.
b. Unvented Hearth Heaters
As explained in the December 2020 DHE NOPD, the test procedure for
unvented heaters (set forth in appendix G) includes neither a method
for measuring energy efficiency nor a descriptor for representing the
efficiency of unvented heaters. Instead, appendix G provides a method
to measure and calculate the rated output for all unvented heaters and
the annual energy consumption of primary electric unvented heaters. 85
FR 77017, 77020 (Dec. 1, 2020). Additionally, appendix G includes
provisions to measure standby mode and off mode energy rates of
unvented heaters. See 10 CFR part 430, subpart B, appendix G, sections
2.3 and 2.4. As discussed, there are currently no energy conservation
standards for unvented DHE. DOE did not propose standards for unvented
DHE in the April 2010 Final Rule because DOE concluded at the time that
a standard could produce little energy savings (largely due to the fact
that any heat losses are dissipated directly into the conditioned
space) and because of limitations in the applicable DOE test
procedure.\14\ 75 FR 20112, 20130 (April 16, 2010).
---------------------------------------------------------------------------
\14\ DOE noted in the December 2009 NOPR that the test procedure
for unvented equipment includes neither a method for measuring
energy efficiency nor a descriptor for representing the efficiency
of unvented home heating equipment. 74 FR 65852, 65866 (Dec. 11,
2009).
---------------------------------------------------------------------------
Additionally, DOE explained in the December 2020 DHE NOPD that
unvented heaters are nearly 100-percent efficient during the heating
season, in that all energy consumed is converted to heat that ends up
within the living space as useful heat, and as a result, there is
negligible opportunity for energy savings. 85 FR 77017, 77027 (Dec. 1,
2020). DOE considers the heating season to include two operating
conditions for unvented home heating equipment: (1) active (heating)
mode and (2) standby mode, which may include a standing pilot light. In
contrast, during the non-heating season, heat generated by an unvented
heater, including an unvented hearth heater, either from active mode or
from a standing pilot light would not be useful heat and would be
wasted. DOE considers energy consumption during the non-heating season
to be off mode energy. For example, a standing pilot light left burning
during non-heating months would contribute to off mode energy
consumption.
In 2017, the Lawrence Berkeley National Laboratory conducted a
survey of 2,100 homes with hearth products (``2017 Hearth
Survey'').\15\ The survey provided hearth product characteristics,
usage data, and repair and maintenance costs. The hearth product
characteristics include the hearth product type, fuel type, ignition
system type, features, venting, and installation details. The usage
information includes seasonal usage of the main burner and standing
pilot (if present), daily usage, and the primary utility (whether
decorative or for heating). In the 2017 Hearth Survey,
[[Page 36257]]
35 percent of respondents reported that the pilot light is always on in
their unvented hearth products (i.e., including during the non-heating
season). (Although the 2017 Hearth Survey included both decorative
hearths and hearth heaters, all unvented hearth products are assumed to
be hearth heaters because there is no mechanism to exhaust the heat
outside of the living space.) As previously noted, the energy consumed
by a standing pilot light during the non-heating season would be
wasted. Further, the heat produced by a standing pilot may contribute
to the cooling season cooling load.
---------------------------------------------------------------------------
\15\ David Siap, Henry Willem, Sarah K. Price, Hung-Chia Yang,
and Alex Lekov. Survey of Hearth Products in U.S. Homes (2017) LBNL-
2001030 (Available at: https://eta-publications.lbl.gov/sites/default/files/lbnl-2001030.pdf) (Last accessed June 6, 2022). For
the purposes of this study, a hearth product is a gas-fired or
electrical appliance that displays a fire or flame pattern and may
be vented or unvented. Heart product types are fireplaces or
fireplace inserts, gas log sets that are typically inserted into an
existing empty hearth, freestanding stoves, or outdoor units. The
primary purpose of these products may be decorative, space heating,
or a combination of the two. Patio heaters, gas lamps, or products
with a primary function of cooking or providing light are not
included in the definition for the purposes of this study. (LBNL at
p. 7)
---------------------------------------------------------------------------
If DOE finds that standards for off mode energy consumption of
unvented hearth heaters could lead to significant conservation of
energy, DOE may consider setting standards for the off mode energy
consumption of these products. As discussed in section I.A.1 of this
document, new standards must also be technologically feasible and
economically justified. (42 U.S.C. 6295(o)(2)(A)) There are several
metrics with which DOE could consider standards for unvented hearth
heaters, including the energy input rate to the pilot light
(Qp) and the electrical standby power (PW,SB).
Appendix G specifies provisions for determining Qp and the
PW,SB. See 10 CFR part 430, subpart B, appendix G, sections
2.3 and 2.4, respectively.
Section 2.3 of appendix G provides instructions for measuring
Qp, for unvented heaters equipped with a pilot light.
However, section 2.3.1 of appendix G states that the measurement of
Qp is not required for unvented heaters where the pilot
light is designed to be turned off by the user when the heater is not
in use (i.e., for units where turning the control to the OFF position
will shut off the gas supply to the burner(s) and the pilot light).
This provision applies only if an instruction to turn off the unit is
provided on the heater near the gas control value (e.g., by label) by
the manufacturer. 10 CFR part 430, subpart B, appendix G, sections 2.3
and 2.3.1.
The responses to the 2017 Hearth Survey indicate that the pilot
light on many unvented hearth heaters may not be turned off when the
heater is not in use.
DOE requests additional data and information about the typical
usage of unvented hearth heaters. Specifically, DOE requests comment on
how commonly the pilot lights of gas unvented hearth heaters are left
on during non-heating season. Further, DOE requests comment on how
commonly manufacturer instructions to turn off gas unvented hearth
heaters are provided on the heater near the gas control valve.
DOE requests comment on appropriate baseline off mode energy
consumption levels, and the associated design options, for unvented
hearth heaters in terms of Qp, PW,SB, and/or
other metrics.
As previously noted, DOE defines a ``max-tech'' efficiency level to
represent the theoretical maximum possible efficiency for a given
product. In applying these design options, DOE would only include those
that are compatible with each other that when combined, would represent
the theoretical maximum possible efficiency. In many cases, the max-
tech efficiency level is not commercially available because it is not
economically feasible.
DOE seeks input on identifying efficiency levels above baseline,
including the max-tech efficiency level(s), in terms of Qp,
PW,SB, and/or other metrics, for unvented hearth heaters.
DOE also requests comment on the design options associated with every
efficiency level. Additionally, for any higher efficiency level
identified by stakeholders, DOE also seeks input on whether such an
efficiency level would be appropriate for potential consideration as
possible energy conservation standards for unvented hearth heaters, and
if not, why not.
2. Cost Analysis
The cost analysis portion of the engineering analysis is conducted
using one or a combination of cost approaches. The selection of cost
approach depends on a suite of factors, including availability and
reliability of public information, characteristics of the regulated
product, and the availability and timeliness of purchasing the product
on the market. The cost approaches are summarized as follows:
Physical teardowns: Under this approach, DOE physically
dismantles a commercially-available product, component-by-component, to
develop a detailed bill of materials (``BOM'') for the product.
Catalog teardowns: In lieu of physically deconstructing a
product, DOE identifies each component using parts diagrams (available
from manufacturer websites or appliance repair websites, for example)
to develop the BOM for the product.
Price surveys: If neither a physical nor catalog teardown
is feasible (e.g., for tightly integrated products such as fluorescent
lamps, which are infeasible to disassemble and for which parts diagrams
are unavailable) or cost-prohibitive and otherwise impractical (e.g.,
large commercial boilers), DOE conducts price surveys using publicly-
available pricing data published on major online retailer websites and/
or by soliciting prices from distributors and other commercial
channels.
The BOM provides the basis for the manufacturer production cost
(``MPC'') estimates. DOE then applies a cost multiplier (the
manufacturer markup) to convert the MPC to manufacturer selling price
(``MSP''). The manufacturer markup accounts for non-production costs
(i.e., selling, general, and administrative expenses, research and
development, and interest), along with profit. The resulting MSP is the
price at which the manufacturer distributes a unit into commerce.
In both the DHE cost analysis for the April 2010 Final Rule and the
hearth products cost analysis for the February 2015 NOPR, DOE performed
physical teardowns to generate a BOM and then converted the materials
and components to dollar values based on the price of materials,
average labor rates associated with manufacturing and assembling, and
the cost of overhead and depreciation. 75 FR 20112, 20147-20148 (April
16, 2010); 80 FR 7082, 7098 (Feb. 9, 2015).
DOE requests feedback on whether an increase in energy efficiency
for vented hearth heaters or a reduction in energy consumption for
unvented hearth heaters would lead to other design changes that would
not occur for these products otherwise. DOE is also interested in
information regarding any potential impact of design options on a
manufacturer's ability to incorporate additional functions or
attributes in response to consumer demand, for both vented and unvented
hearth heaters.
DOE also seeks input on increases in MPC associated with
incorporating any design options identified. Specifically, DOE is
interested in whether and how the costs estimated for design options in
the April 2010 Final Rule and/or February 2015 NOPR have changed since
the time of those analyses. DOE also requests information on the
investments necessary to incorporate specific design options,
including, but not limited to, costs related to new or modified tooling
(if any), materials, engineering and development efforts to implement
each design option, and manufacturing/production impacts.
DOE requests comment on whether certain design options may not be
applicable to (or incompatible with) specific product types.
[[Page 36258]]
F. Markup Analysis
DOE derives consumer prices based on MSP, retailer markups,
distributor markups, contractor markups (where appropriate), and sales
taxes. In deriving these markups, DOE determines the major distribution
channels for product sales, the markup associated with each party in
each distribution channel, and the existence and magnitude of
differences between markups for baseline products (``baseline
markups'') and higher-efficiency products (``incremental markups'').
The identified distribution channels (i.e., how the products are
distributed from the manufacturer to the consumer) and estimated
relative sales volumes through each channel are used in generating end-
user price inputs for the LCC analysis and NIA. The markups are
multipliers that are applied at each stage in the distribution channel
for consumer hearth heaters.
In the February 2015 NOPR, DOE utilized several sources including:
(1) the Heating, Air-Conditioning & Refrigeration Distributors
International (``HARDI'') 2013 Profit Report \16\ to develop wholesaler
mark-ups; (2) the Air Conditioning Contractors of America's (``ACAA'')
2005 financial analysis for the heating, ventilation, air-conditioning,
and refrigeration (``HVACR'') contracting industry \17\ to develop
mechanical contractor mark-ups, and (3) U.S. Census Bureau 2007
Economic Census data \18\ for the residential and commercial building
construction industry to develop general contractor mark-ups. 80 FR
7082, 7100 (Feb. 9, 2015). DOE characterized two distribution channels
to describe how hearth products pass from the manufacturer to
consumers: (1) replacement market and (2) new construction. The
replacement market channel was characterized as follows:
---------------------------------------------------------------------------
\16\ Heating, Air Conditioning & Refrigeration Distributors
International 2013 Profit Report (Available at: www.hardinet.org)
(Last accessed March 31, 2022).
\17\ Air Conditioning Contractors of America, Financial Analysis
for the HVACR Contracting Industry: 2005 (Last accessed April 10,
2013).
\18\ U.S. Census Bureau, 2007 Economic Census Data (Available
at: www.census.gov) (Last accessed March 31, 2022).
Manufacturer [rtarr4] Wholesaler [rtarr4] Mechanical contractor
---------------------------------------------------------------------------
[rtarr4] Consumer
The new construction distribution channel was characterized as
follows:
Manufacturer [rtarr4] Wholesaler [rtarr4] Mechanical contractor
[rtarr4] General contractor [rtarr4] Consumer
Id.
It is DOE's understanding that these distribution channels remain
in place at the current time in essentially the same form.
For wholesalers and contractors, DOE developed baseline and
incremental mark-ups. The baseline mark-up relates the change in the
MSP of baseline models to the change in the consumer purchase price.
The incremental mark-up relates the change in the MSP of higher-
efficiency models to the change in consumer purchase price. In addition
to the mark-ups, DOE derived State and local taxes from data provided
by the Sales Tax Clearinghouse.\19\ DOE derived shipment-weighted-
average tax values for each region considered in the analysis. Id. DOE
plans to use the most updated versions of these data sources to develop
markups for consumer hearth heaters.
---------------------------------------------------------------------------
\19\ Sales Tax Clearinghouse, Inc. State Sales Tax Rates Along
with Combined Average City and County Rates, 2013. (Available at
thestc.com/STrates.stm) (Last accessed March 31, 2022).
---------------------------------------------------------------------------
DOE did not account for the retail outlets distribution channel in
which the manufacturer sells the equipment to a retailer, who in turn
sells it to a mechanical contractor, who in turn sells it to the
consumer. DOE did not have sufficient data to estimate a separate
markup for this distribution channel. Accordingly, DOE assumed that the
retailer markup was similar to the wholesaler markup.
DOE is also aware that there may be two additional distribution
channels for hearth products: (1) an online distribution channel where
manufacturers sell the products to online retailers who in turn sell
them directly to consumers, and (2) a rebranding distribution channel
where wholesalers or retailers negotiate good pricing from the hearth
product manufacturer based on high volumes and have the product
customized to carry their name, and then send it through their normal
distribution channel to the contractors. The former one mainly applies
to the do-it-yourself (``DIY'') installation, which is expected to
account for a very small fraction of the total hearth heater shipments.
For the latter one, DOE assumes that it would have the same overall
markups as the conventional distribution channels. Although
manufacturers may have a lower margin in such cases, wholesalers and
retailers would redistribute the profit throughout the distribution
channel to set the final retail price so as to be comparable with
products sold through conventional distribution channels. For the
reasons mentioned previously, DOE did not consider any of these
additional distribution channels in the February 2015 NOPR analysis.
DOE requests information on the distribution channels outlined
previously, and whether they are still applicable to vented and
unvented hearth heaters. DOE requests information on the existence of
any distribution channels other than those listed previously for hearth
heaters. Further, DOE seeks input on the percentage of products being
distributed through the different distribution channels, as well as
whether the share of products through each channel varies based on
capacity or other features.
G. Energy Use Analysis
As part of the rulemaking process, DOE conducts an energy use
analysis to identify how products are used by consumers, to determine
the annual energy consumption of consumer hearth heaters, and to assess
the energy savings potential of energy efficiency improvements. DOE
typically bases the energy consumption of products on the annual energy
consumption as determined by the applicable DOE test procedure. Along
similar lines, the energy use analysis is meant to represent typical
energy consumption in the field.
1. Consumer Samples and Market Breakdowns
To estimate the annual energy use of products in field operating
conditions, DOE typically develops consumer samples that are
representative of installation and operating characteristics of how
such products are used in the field, as well as distributions of annual
energy use by application and market segment. DOE may utilize the most
current version of the Residential Energy Consumption Survey (``RECS'')
\20\ published by the U.S. Energy Information Administration (``EIA'')
(currently the 2015 RECS).
---------------------------------------------------------------------------
\20\ Energy Information Administration (``EIA''), 2015
Residential Energy Consumption Survey (``RECS'') (Available at:
www.eia.gov/consumption/residential/) (Last accessed June 6, 2022).
---------------------------------------------------------------------------
DOE requests data and information regarding market applications of
consumer hearth heaters.
2. Operating Hours
One of the key inputs to the energy use analysis is the number of
annual operating hours of the product. The usage information provided
in the 2017 Hearth Survey includes seasonal usage of the main burner
and standing pilot (if present), daily usage, and the primary utility
(whether decorative or for heating). DOE may consider this survey
[[Page 36259]]
for estimating the operating hours of hearth heaters.\21\
---------------------------------------------------------------------------
\21\ David Siap, Henry Willem, Sarah K. Price, Hung-Chia Yang,
and Alex Lekov, Survey of Hearth Products in U.S. Homes (2017) LBNL-
2001030 (Available at: https://eta-publications.lbl.gov/sites/default/files/lbnl-2001030.pdf) (Last accessed June 6, 2022).
---------------------------------------------------------------------------
DOE requests any other available data or published reports on the
annual operating hours for consumer hearth heaters.
H. Life-Cycle Cost and Payback Period Analysis
DOE conducts the LCC and PBP analysis to evaluate the economic
effects of potential energy conservation standards for hearth heaters
on individual consumers, which usually involves a reduction in
operating cost and an increase in purchase cost. For any given
efficiency level, DOE measures the PBP and the change in LCC relative
to an estimated baseline level. The LCC is the total consumer expense
of an appliance or product over the life of that product, consisting of
total installed cost and operating costs (expenses for energy use,
maintenance, and repair). Inputs to the calculation of total installed
cost include the purchase cost of the product--which includes MSPs,
distribution channel markups, and sales taxes--and installation costs.
Inputs to the calculation of operating expenses include annual energy
consumption, energy prices and price projections, repair and
maintenance costs, equipment lifetimes, discount rates, and the year
that compliance with new and amended standards is required.
1. Installation Costs
Installation costs represent the labor and materials required to
install a hearth heater. DOE plans to use RS Means Residential Cost
Data \22\ to estimate the installation costs for hearth heaters.
---------------------------------------------------------------------------
\22\ RS Means Company Inc., RS Means Residential Cost Data
(2021) (Available at: www.rsmeans.com/).
---------------------------------------------------------------------------
DOE requests comment on the use of RS Means as a source to develop
installation costs for consumer hearth heaters.
DOE requests comment on whether the installation cost of consumer
hearth heaters would be expected to change with efficiency level.
2. Energy Prices
In the analysis for the February 2015 NOPR, DOE used data from the
EIA on average prices in various States and regions \23\ \24\ \25\ to
assign an energy price to each house in the sample based on its
location. 80 FR 7082, 7102 (Feb. 9, 2015). Average electricity prices
and natural gas prices from the EIA data were adjusted using seasonal
marginal price factors to derive monthly marginal electricity and
natural gas prices. Id. Future prices were estimated using the
reference case projection of the Annual Energy Outlook (``AEO'')
2014.\26\ Id. DOE plans to use a similar approach and with updated data
from the EIA and AEO 2022.
---------------------------------------------------------------------------
\23\ U.S. Department of Energy--Energy Information
Administration, Form EIA-826 (Now called Form EIA-861M) Database
Monthly Electric Utility Sales and Revenue Data (2013) (Available
at: https://www.eia.gov/electricity/data/eia861m/).
\24\ U.S. Department of Energy--Energy Information
Administration, Natural Gas Navigator (2013) (Available at: https://www.eia.gov/naturalgas/).
\25\ U.S. Department of Energy--Energy Information
Administration, 2012 State Energy Consumption, Price, and
Expenditure Estimates (SEDS) (2013) (Available at: www.eia.doe.gov/emeu/states/_seds.html).
\26\ Annual Energy Outlook--Energy Information Administration
(2014) (Available at: www.eia.gov/outlooks/archive/aeo14/).
---------------------------------------------------------------------------
DOE requests comment on its approach to develop electricity and
natural gas prices for consumer hearth heaters.
3. Repair and Maintenance Costs
Repair costs are associated with repairing or replacing components
in the hearth heater that have failed, whereas maintenance costs are
routine annual costs associated with the continued proper operation of
equipment. The 2017 Hearth Survey asked respondents about the average
cost and frequency of hearth repairs and maintenance over the lifetime
of the product. Repair categories included in the survey were ignition
failure, controls failure, combustion damage, and other. Maintenance
categories included in the survey were chimney cleaning, firebox
cleaning, exterior cleaning, and other.\27\ DOE intends to use this
data, along with RS Means, to develop repair and maintenance costs for
consumer hearth heaters.
---------------------------------------------------------------------------
\27\ David Siap, Henry Willem, Sarah K. Price, Hung-Chia Yang,
and Alex Lekov, Survey of Hearth Products in U.S. Homes (2017) LBNL-
2001030, pp. 44-46 (Available at: eta-publications.lbl.gov/sites/default/files/lbnl-2001030.pdf).
---------------------------------------------------------------------------
DOE requests feedback and data on whether maintenance costs differ
in comparison to the baseline maintenance costs for any of the specific
technology options listed in Table II.1 for consumer hearth heaters.
DOE requests information and data on the frequency of repair and
repair costs by product class for the technology options listed in
Table II.1 for consumer hearth heaters. While DOE is interested in
information regarding each of the listed technology options, the
Department is also interested in whether consumers simply replace the
products when they fail as opposed to repairing them.
4. Product Lifetime
Product lifetime is the age at which a product is retired from
service. In the February 2015 NOPR, DOE developed a hearth product
survival function, which provides a range of minimum to maximum
lifetimes, as well as an average lifetime. Using this survival
function, DOE estimated that consumer hearth heaters would have an
average lifetime of 16 years. 80 FR 7082, 7103 (Feb. 9, 2015).
DOE requests comment on whether the average lifetime of 16 years
for consumer hearth heaters that was used in the February 2015 NOPR is
still a valid estimate.
5. No-New-Standards Case Efficiency Distribution
To estimate the share of consumers affected by a potential energy
conservation standard, DOE's LCC and PBP analysis considers the
projected distribution (i.e., market shares) of product efficiencies
that consumers would be expected to purchase in the first compliance
year in the base case (i.e., the case without new or amended energy
conservation standards). DOE plans to review available product
literature and market data to develop an efficiency distribution for
the base case.
DOE requests data on the market share of vented and unvented hearth
heaters with the technology options listed in Table II.1 and/or by
efficiency level.
I. Shipments Analysis
DOE develops shipments forecasts of hearth heaters as an input to
calculate the national impacts of potential energy conservation
standards on energy consumption, net present value (``NPV'') of
consumer benefits and costs, and future manufacturer cash flows. SOE
shipments projections are based on available historical data broken
down by product group. Current sales estimates allow for a more
accurate model that captures recent trends in the market.
In the February 2015 NOPR (which considered hearth heaters as well
as decorative hearths), DOE relied on historical shipments data from
the Hearth, Patio, and Barbeque Association as well as manufacturer
interviews for
[[Page 36260]]
hearth products, to develop the shipment estimates shown in Table II.2
of this document.\28\ These shipments values included vented and
unvented fireplaces, vented and unvented gas logs, and outdoor heaters.
---------------------------------------------------------------------------
\28\ See chapter 9 of the technical support document that
accompanied the February 2015 NOPR. (Available at:
www.regulations.gov/document/EERE-2014-BT-STD-0036-0002) (Last
accessed June 6, 2022).
Table II.2--Annual Shipments for Hearth Products
--------------------------------------------------------------------------------------------------------------------------------------------------------
2005 2006 2007 2008 2009 2010 2011 2012 2013
--------------------------------------------------------------------------------------------------------------------------------------------------------
Shipments (millions)........................ 1.69 1.30 1.13 0.785 0.462 0.487 0.423 0.436 0.586
--------------------------------------------------------------------------------------------------------------------------------------------------------
DOE requests updated annual sales data (i.e., number of shipments)
for vented and unvented consumer hearth heaters. If available, DOE
requests the annual shipments information for the years 2014-2021.
J. National Impact Analysis
The purpose of the NIA is to estimate the aggregate economic
impacts of potential energy conservation standards at the national
level. The NIA assesses the potential national energy savings (``NES'')
and the national NPV of total consumer costs and savings that would be
expected to result from new or amended standards at specific efficiency
levels over 30 years of shipments. An important component of the NIA is
the trend in energy efficiency in the no-new-standards case over the
30-year analysis period. In the analysis for the February 2015 NOPR,
DOE assumed a constant efficiency trend over the 30-year period. 80 FR
7082, 7104 (Feb. 9, 2015).
DOE requests data on the expected future growth trends of vented
and unvented hearth heaters with the technology options listed in Table
II.1 of this document.
K. Manufacturer Impact Analysis
The purpose of the manufacturer impact analysis (``MIA'') is to
identify and quantify the estimated financial impacts of any new or
amended energy conservation standards on manufacturers of consumer
hearth heaters, and to evaluate the potential impacts of such standards
on direct employment and manufacturing capacity. The MIA includes both
quantitative and qualitative aspects. The quantitative part of the MIA
primarily relies on the Government Regulatory Impact Model (``GRIM''),
an industry cash-flow model adapted for each product in this analysis,
with the key output being industry net present value (``INPV''). The
qualitative part of the MIA addresses the potential impacts of energy
conservation standards on manufacturing capacity and industry
competition, as well as factors such as product characteristics,
impacts on particular subgroups of firms, and important market and
product trends.
As part of the MIA, DOE intends to analyze impacts of potential
energy conservation standards on subgroups of manufacturers of covered
products, including domestic small business manufacturers. DOE uses the
Small Business Administration's (``SBA'') small business size standards
to determine whether manufacturers qualify as small businesses, which
are listed by the applicable North American Industry Classification
System (``NAICS'') code.\29\ Manufacturing of consumer hearth heaters
is classified under NAICS 333414, ``Heating Equipment (except Warm Air
Furnaces) Manufacturing,'' and the SBA sets a threshold of 500
employees or less for a domestic entity to be considered a small
business in this category. This employee threshold includes all
employees in a business' parent company and any other subsidiaries.
---------------------------------------------------------------------------
\29\ Table of Size Standards--U.S. Small Business Administration
(Available at: www.sba.gov/document/support--table-size-standards)
(Last accessed March 9, 2022).
---------------------------------------------------------------------------
One aspect of assessing manufacturer burden involves examining the
cumulative impact of multiple DOE standards and the product-specific
regulatory actions of other Federal agencies that affect the
manufacturers of a covered product or equipment. While any one
regulation may not impose a significant burden on manufacturers, the
combined effects of several existing or impending regulations may have
serious consequences for some manufacturers, groups of manufacturers,
or an entire industry. Assessing the impact of a single regulation may
overlook this cumulative regulatory burden. In addition to energy
conservation standards, other regulations can significantly affect
manufacturers' financial operations. Multiple regulations affecting the
same manufacturer can strain profits and lead companies to abandon
product lines or markets with lower expected future returns than
competing products. For these reasons, DOE conducts an analysis of
cumulative regulatory burden as part of its rulemakings pertaining to
appliance efficiency.
To the extent feasible, DOE seeks the names and contact information
of any domestic or foreign-based manufacturers that distribute hearth
heaters in the United States.
DOE identified small businesses as a subgroup of manufacturers that
could be disproportionally impacted by potential energy conservation
standards for consumer hearth heaters. DOE requests the names and
contact information of small business manufacturers of hearth heaters,
as defined by the SBA's size threshold, which manufacture products in
the United States. In addition, DOE requests comment on any other
manufacturer subgroups that could be disproportionally impacted by
potential energy conservation standards for consumer hearth heaters.
DOE requests feedback on any potential approaches that could be
considered to address impacts on such manufacturers, including small
businesses.
DOE requests information regarding the cumulative regulatory burden
impacts on manufacturers of hearth heaters associated with: (1) other
DOE energy conservation standards applying to different products or
equipment that these manufacturers may also make and (2) product-
specific regulatory actions of other Federal agencies. DOE also
requests comment on its methodology for computing cumulative regulatory
burden and whether there are any flexibilities it can consider that
would reduce this burden while remaining consistent with the
requirements of EPCA.
III. Submission of Comments
DOE invites all interested parties to submit in writing by the date
specified in the DATES section of this document, comments and
information on matters addressed in this document and on other matters
relevant to DOE's consideration of energy conservations standards for
hearth heaters. After the close of the comment period, DOE will review
the public comments received
[[Page 36261]]
and may begin collecting data and conducting the analyses discussed in
this document.
Submitting comments via www.regulations.gov. The
www.regulations.gov web page requires you to provide your name and
contact information. Your contact information will be viewable to DOE
Building Technologies Office staff only. Your contact information will
not be publicly viewable except for your first and last names,
organization name (if any), and submitter representative name (if any).
If your comment is not processed properly because of technical
difficulties, DOE will use this information to contact you. If DOE
cannot read your comment due to technical difficulties and cannot
contact you for clarification, DOE may not be able to consider your
comment.
However, your contact information will be publicly viewable if you
include it in the comment or in any documents attached to your comment.
Any information that you do not want to be publicly viewable should not
be included in your comment, nor in any document attached to your
comment. If this instruction is followed, persons viewing comments will
see only first and last names, organization names, correspondence
containing comments, and any documents submitted with the comments.
Do not submit to www.regulations.gov information for which
disclosure is restricted by statute, such as trade secrets and
commercial or financial information (hereinafter referred to as
Confidential Business Information (``CBI'')). Comments submitted
through www.regulations.gov cannot be claimed as CBI. Comments received
through the website will waive any CBI claims for the information
submitted. For information on submitting CBI, see the Confidential
Business Information section.
DOE processes submissions made through www.regulations.gov before
posting. Normally, comments will be posted within a few days of being
submitted. However, if large volumes of comments are being processed
simultaneously, your comment may not be viewable for up to several
weeks. Please keep the comment tracking number that www.regulations.gov
provides after you have successfully uploaded your comment.
Submitting comments via email, hand delivery/courier, or postal
mail. Comments and documents submitted via email, hand delivery/
courier, or postal mail also will be posted to www.regulations.gov. If
you do not want your personal contact information to be publicly
viewable, do not include it in your comment or any accompanying
documents. Instead, provide your contact information in a cover letter.
Include your first and last names, email address, telephone number, and
optional mailing address. The cover letter will not be publicly
viewable as long as it does not include any comments.
Include contact information each time you submit comments, data,
documents, and other information to DOE. If you submit via postal mail
or hand delivery/courier, please provide all items on a CD, if
feasible, in which case it is not necessary to submit printed copies.
No telefacsimiles (faxes) will be accepted.
Comments, data, and other information submitted to DOE
electronically should be provided in PDF (preferred), Microsoft Word or
Excel, WordPerfect, or text (ASCII) file format. Provide documents that
are not secured, written in English, and free of any defects or
viruses. Documents should not contain special characters or any form of
encryption, and, if possible, they should carry the electronic
signature of the author.
Campaign form letters. Please submit campaign form letters by the
originating organization in batches of between 50 to 500 form letters
per PDF or as one form letter with a list of supporters' names compiled
into one or more PDFs. This reduces comment processing and posting
time.
Confidential Business Information. Pursuant to 10 CFR 1004.11, any
person submitting information that he or she believes to be
confidential and exempt by law from public disclosure should submit via
email two well-marked copies: one copy of the document marked
``confidential'' including all the information believed to be
confidential, and one copy of the document marked ``non-confidential''
with the information believed to be confidential deleted. DOE will make
its own determination as to the confidential status of the information
and treat it according to its determination.
It is DOE's policy that all comments may be included in the public
docket, without change and as received, including any personal
information provided in the comments (except information deemed to be
exempt from public disclosure).
DOE considers public participation to be a very important part of
the process for developing energy conservation standards. DOE actively
encourages the participation and interaction of the public during the
comment period in each stage of this process. Interactions with and
between members of the public provide a balanced discussion of the
issues and assist DOE in this process. Anyone who wishes to be added to
the DOE mailing list to receive future notices and information about
this process should contact Appliance and Equipment Standards Program
staff at (202) 287-1445 or via email at
[email protected].
Signing Authority
This document of the Department of Energy was signed on June 9,
2022, by Kelly J. Speakes-Backman, Principal Deputy Assistant Secretary
for Energy Efficiency and Renewable Energy, pursuant to delegated
authority from the Secretary of Energy. That document with the original
signature and date is maintained by DOE. For administrative purposes
only, and in compliance with requirements of the Office of the Federal
Register, the undersigned DOE Federal Register Liaison Officer has been
authorized to sign and submit the document in electronic format for
publication, as an official document of the Department of Energy. This
administrative process in no way alters the legal effect of this
document upon publication in the Federal Register.
Signed in Washington, DC, on June 9, 2022.
Treena V. Garrett,
Federal Register Liaison Officer, U.S. Department of Energy.
[FR Doc. 2022-12787 Filed 6-15-22; 8:45 am]
BILLING CODE 6450-01-P