[Federal Register Volume 91, Number 80 (Monday, April 27, 2026)]
[Proposed Rules]
[Pages 22477-22481]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2026-08145]
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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. 91, No. 80 / Monday, April 27, 2026 /
Proposed Rules
[[Page 22477]]
DEPARTMENT OF ENERGY
10 CFR Part 430
[EERE-2026-BT-STD-0001]
Energy Conservation Program: Notification of Petition for
Rulemaking
AGENCY: Office of Critical Minerals and Energy Innovation, Department
of Energy.
ACTION: Notification of petition for rulemaking; request for comment.
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SUMMARY: On February 19, 2026, the Department of Energy (DOE) received
a petition from the American Gas Association (AGA), the American Public
Gas Association (APGA), and the National Propane Gas Association (NPGA)
asking DOE to amend the compliance dates for two energy conservation
standards final rules for commercial water heating equipment and
consumer furnaces. Through this notification, DOE is seeking comment on
whether it should grant the petition and undertake a rulemaking to
consider the proposal contained in the petition, as well as any data or
information that may be relevant to DOE's consideration of the
petition.
DATES: Written comments and information are requested and will be
accepted on or before May 27, 2026.
ADDRESSES: Interested persons are encouraged to submit comments using
the Federal eRulemaking Portal at www.regulations.gov under docket
number EERE-2026-BT-STD-0001. Follow the instructions for submitting
comments. Alternatively, interested persons may submit comments,
identified by docket number EERE-2026-BT-STD-0001, by any of the
following methods:
(1) Email:
[email protected]. Include the
docket number EERE-2026-BT-STD-0001 in the subject line of the message.
Submit electronic comments in WordPerfect, Microsoft Word, PDF, or
ASCII file format, and avoid the use of special characters or any form
of encryption.
(2) Postal Mail: Appliance and Equipment Standards Program, U.S.
Department of Energy, Building Technologies Office, Mailstop CM-5B,
1000 Independence Avenue SW, Washington, DC 20585-0121. 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, 1000
Independence Avenue SW, Washington, DC 20585-0121. 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 the SUPPLEMENTARY INFORMATION section 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
information that is exempt from public disclosure.
The docket web page can be found at www.regulations.gov/docket/EERE-2026-BT-STD-0001. The docket web page contains instructions on how
to access all documents, including public comments, in the docket.
FOR FURTHER INFORMATION CONTACT:
Ms. Julia Hegarty, U.S. Department of Energy, Office of Critical
Minerals and Energy Innovation, Building Technologies Office, CM-5B,
1000 Independence Avenue SW, Washington, DC 20585-0121. Telephone:
(202) 586-0729. 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) 586-4798. 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: The Administrative Procedure Act (APA), 5
U.S.C. 551 et seq., provides among other things, that ``[e]ach agency
shall give an interested person the right to petition for the issuance,
amendment, or repeal of a rule.'' (5 U.S.C. 553(e))
DOE received a petition from AGA, APGA, and NPGA (hereinafter ``AGA
et al.'') as described in this document and set forth verbatim
below,\1\ requesting that DOE extend the compliance dates for its most
recently promulgated energy conservation standards for commercial water
heaters (currently October 6, 2026) and consumer furnaces (currently
December 18, 2028) until January 1, 2030, at a minimum. In their
petition, AGA et al. argued that amending the compliance dates would
align with Administration priorities of addressing affordability by
limiting costs for American households and preserving homeowner energy
choice. The petition also argued that extending the compliance date
would reduce regulatory burden and uncertainty for manufacturers,
especially in light of a pending appeal in related litigation and
planned DOE rulemakings touching on the same topics.
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\1\ The AGA et al. petition for rulemaking is available in the
docket at www.regulations.gov/document/EERE-2026-BT-STD-0001-0001.
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In a final rule published in the Federal Register on October 6,
2023 (88 FR 69686), DOE adopted amended energy conservation standards
for commercial water heating equipment. These standards were codified
in DOE's regulations in the Code of Federal Regulations (CFR) at 10 CFR
431.110. Of particular relevance here, the thermal efficiency (TE)
standards for gas-fired storage water heaters and storage-type
instantaneous water heaters (95% TE) and gas-fired instantaneous water
heaters and hot water supply boilers (96% TE) were set at levels that
effectively require the use of condensing technology. The compliance
date for the amended energy conservation standards for commercial water
heaters is October 6, 2026.
In a final rule published in the Federal Register on December 18,
2023 (88 FR 87502), DOE adopted amended energy conservation standards
for
[[Page 22478]]
certain consumer furnaces. These standards were codified in DOE's
regulations at 10 CFR 430.32(e). This final rule set the annual fuel
utilization efficiency (AFUE) standards for non-weatherized gas
furnaces (95% AFUE) and mobile home gas furnaces (95% AFUE) at levels
that effectively require the use of condensing technology. The
compliance date for the amended energy conservation standards for the
subject consumer furnaces is December 18, 2028.
In announcing this petition for public comment, DOE is seeking
views on whether it should grant the petition and undertake a
rulemaking to consider the proposal contained in the petition. DOE
welcomes comments on any aspect of the petition.
Submission of Comments
DOE will accept comments, data, and information regarding this
petition no later than the date provided in the DATES section at the
beginning of this document. Interested parties may submit comments,
data, and other information using any of the methods described in the
ADDRESSES section at the beginning of this document.
Submitting comments via www.regulations.gov. The
www.regulations.gov web page will require you to provide your name and
contact information. Your contact information will be viewable to DOE
Building Technologies 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 itself 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, postal mail, or hand delivery/courier 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 about 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).
Approval of the Office of the Secretary
The Secretary of Energy has approved publication of this
notification of petition for rulemaking and request for comment.
Signing Authority
This document of the Department of Energy was signed on April 23,
2026, by Audrey Robertson, Assistant Secretary (EERE) for Critical
Minerals and Energy Innovation, 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 April 23, 2026.
Treena V. Garrett,
Federal Register Liaison Officer, U.S. Department of Energy.
Petition for Amendment
February 19, 2026
Audrey Robertson, Assistant Secretary of Energy, U.S. Department of
Energy, 1000 Independence Avenue SW, Washington, DC 20585-0121
Re: Request to Amend the Compliance Dates for Energy Conservation
Program: Energy Conservation Standards for Commercial Water Heating
Equipment, 88 FR 69686 (Oct. 6, 2023); and Energy Conservation Program:
Energy
[[Page 22479]]
Conservation Standards for Consumer Furnaces, 88 FR 87502 (Dec. 18,
2023).
Assistant Secretary Robertson,
The American Gas Association (``AGA''), American Public Gas
Association (``APGA''), and National Propane Gas Association (``NPGA'')
(collectively, ``Joint Requesters'') respectfully request pursuant to
the Energy Policy and Conservation Act (``EPCA'') \1\ and the
Administrative Procedure Act (``APA''),\2\ that the Department of
Energy (``Department'' or ``DOE'') amend the compliance dates for the
following rules: (1) Energy Conservation Program: Energy Conservation
Standards for Commercial Water Heating Equipment, 88 FR 69686 (Oct. 6,
2023) (``Commercial Water Heater Rule''); \3\ and (2) Energy
Conservation Program: Energy Conservation Standards for Consumer
Furnaces, 88 FR 87502 (Dec. 18, 2023) (``Consumer Furnace Rule'').\4\
The compliance date for the Commercial Water Heater Rule is currently
October 6, 2026,\5\ and the compliance date for the Consumer Furnace
Rule is December 18, 2028.\6\ For the reasons discussed below, DOE
should amend the compliance dates to provide regulatory certainty while
Supreme Court review of these rules is pending and related matters
remain active. Amending the compliance dates would also aid in
maintaining energy affordability by providing manufacturer certainty
and preserving homeowner energy choice. The Administration has
emphasized reducing cost-of-living expenses for Americans and is
actively taking steps to address affordability.\7\ Amending the
compliance dates would align with the Administration's priorities of
reducing regulatory burdens and helping to limit costs for American
households. The compliance dates for these rules will influence near-
term manufacturing, distribution, and installation decisions, which in
turn will have a significant cost impact for American homes and
businesses. Specifically, the Department should amend the compliance
dates for the Commercial Water Heater Rule and the Consumer Furnace
Rule to January 1, 2030, at a minimum to permit the conclusion of
judicial and regulatory processes that could impact the aforementioned
rules.
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\1\ EPCA authorizes the Secretary of Energy to issue rules
necessary to carry out EPCA's provisions regarding consumer
products. 42 U.S.C. 6298. EPCA also applies those provisions to
specified categories of commercial equipment, including commercial
water heating equipment. 42 U.S.C. 6316(b)(1).
\2\ Interested persons may petition an agency for the issuance,
amendment, or repeal of a rule under the APA. See 5 U.S.C. 553(e).
\3\ Energy Conservation Program: Energy Conservation Standards
for Commercial Water Heating Equipment, 88 FR 69686 (Oct. 6, 2023)
(codified at 10 CFR 431.102, 431.105(a), and 431.110).
\4\ Energy Conservation Program: Energy Conservation Standards
for Consumer Furnaces, 88 FR 87502 (Dec. 18, 2023) (codified at 10
CFR 430.32(e)(1)(ii)-(iii)).
\5\ 42 U.S.C. 6313(a)(6)(C)(i)-(ii).
\6\ 42 U.S.C. 6295(o)(6)(A)(ii) (furnaces: apply to products
manufactured after the date that is 5 years after publication).
\7\ Exec. Order No. 14,154, 90 FR 8353 (Jan. 20, 2025);
Presidential Memorandum on Delivering Emergency Price Relief for
American Families and Defeating the Cost-of-Living Crisis, 90 FR
8245 (Jan. 20, 2025).
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I. Identify and Interest
AGA, founded in 1918, represents more than 200 local energy
companies that deliver clean natural gas throughout the United States.
There are more than 79 million residential, commercial, and industrial
natural gas customers in the U.S., of which 94 percent--more than 74
million customers--receive their gas from AGA members. AGA is an
advocate for natural gas utility companies and their customers and
provides a broad range of programs and services for member natural gas
pipelines, marketers, gatherers, international natural gas companies,
and industry associates. Today, natural gas meets more than one-third
of the United States' energy needs.\8\
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\8\ For more information, please visit www.aga.org.
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APGA is the trade association for more than 730 communities across
the U.S. that own and operate their retail natural gas distribution
entities. They include not-for-profit gas distribution systems owned by
municipalities and other local government entities, all locally
accountable to the citizens they serve. Public gas systems focus on
safely providing reliable and affordable energy to their customers and
support their communities by delivering fuel to be used for cooking,
clothes drying, and space and water heating, as well as for various
commercial and industrial applications.\9\
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\9\ For more information, please visit www.apga.org.
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NPGA is the national trade association of the propane industry with
a membership of about 2,400 companies, and 36 state and regional
associations that represent members in all 50 states. Membership in
NPGA includes retail marketers of propane gas who deliver the fuel to
the end user, propane producers, transporters and wholesalers, and
manufacturers and distributors of equipment, containers, and
appliances. Propane gas fuels millions of installations nationwide for
home and commercial heating and cooking, in agriculture, industrial
processing, and as a clean air alternative engine fuel for both over-
the-road vehicles and industrial lift trucks. Roughly 75% of NPGA's
members have fewer than 100 employees and are considered small
businesses.
Joint Requesters' members serve residential and commercial
consumers, the majority of whom use natural gas appliances, such as
furnaces, boilers, water heaters, etc. Therefore, Joint Requesters have
a direct and vital interest in both the minimum efficiency standards
for these products and appliances and the procedures used by the
Department to adopt such standards.
II. The Department Should Promptly Amend the Compliance Dates for the
Commercial Water Heater Rule and the Consumer Furnace Rule
Joint Requesters request that DOE promptly amend the compliance
dates for the Commercial Water Heater Rule and the Consumer Furnace
Rule in order to protect consumers and their choice of energy and
appliances, which will also help ensure energy affordability. This
process should be completed pursuant to the Department's authority
under EPCA, and consistent with APA requirements.\10\ Amending the
compliance dates would provide regulatory certainty, allow pertinent
legal and regulatory processes to be completed, and be consistent with
recently issued Executive Orders.
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\10\ 5 U.S.C. 551, et seq.
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Specifically, there is a proceeding pending at the Supreme Court
concerning the rules, the Spring 2025 Unified Agenda of Federal
Regulatory and Deregulatory Actions includes an item that could impact
the rules, and the potential changes to DOE's Process Rule are
currently pending at the Office of Management and Budget (``OMB''). The
combination of these activities warrants prompt DOE action to provide
clarity and prevent unnecessary disruption by amending the compliance
dates for the Commercial Water Heater Rule and the Consumer Furnace
Rule.
A. Amendment of the Compliance Deadlines To Allow for Additional Lead
Time Is Warranted To Ensure Consumer Affordability and Minimize Cost
Impacts
The compliance dates for these rules will drive near-term
manufacturing, distribution, and installation decisions that can
translate to significant cost impacts for residential and commercial
customers. Providing additional lead time for potential compliance with
the rules would help minimize the adverse impacts of the rules and
allow DOE
[[Page 22480]]
sufficient time to fully consider the impacts of the rules on the
millions of American households and small businesses that will be
affected.
Executive Order 14154, ``Unleashing American Energy,'' directs the
heads of all agencies to review ``all existing regulations, orders,
guidance documents, policies, settlements, consent orders, and any
other agency actions'' to identify those that impose an undue burden on
the identification, development, or use of domestic energy resources,
including restrictions on consumer choice of vehicles and appliances.
See 90 FR 8353 (Jan. 20, 2025). DOE has recently taken steps in other
contexts to prevent near-term compliance burdens, including staying a
compliance date for DOE's ``Clean Energy for New Federal Buildings and
Major Renovations of Federal Buildings'' provisions from May 1, 2025,
until May 1, 2026, during DOE's review of implementation guidance.\11\
In December 2025, DOE rescinded its support for the National Definition
of a ``Zero Emissions'' Building, stating that DOE no longer supports
the definition and that it is inconsistent with current Administration
priorities.\12\ These actions show DOE is working to avoid unnecessary
compliance burdens while similar policies are under review. The same
approach supports DOE's consideration of an amendment here to reduce
stranded investments and near-term cost impacts on consumers.
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\11\ Clean Energy for New Federal Buildings and Major
Renovations of Federal Buildings; Stay, 90 FR 18911 (May 5, 2025).
\12\ Removing Support for the National Definition of a Zero
Emissions Building, 90 FR 55722 (Dec. 3, 2025).
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The Department's prompt action to amend the compliance timing is
necessary. Additionally, this action would be consistent with the
Administration's affordability and cost-of-living priorities. Revising
the compliance dates would also be in line with the Administration's
commitment to promoting energy affordability, preserving fuel choice,
and reducing regulatory burdens.\13\ DOE has withdrawn or postponed
various conservation standards, simplified its water conservation
standards by repealing a definition of a ``showerhead,'' delayed the
effective dates of efficiency standards for walk-in coolers and
freezers and consumer gas-fired instantaneous water heaters (and
subsequently withdrew those two standards), and delayed the effective
dates of test procedures for central air conditioners and heat
pumps.\14\
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\13\ Exec. Order No. 14154, 90 FR 8353; Presidential Memorandum
on Delivering Emergency Price Relief for American Families and
Defeating the Cost-of-Living Crisis, 90 FR 8245.
\14\ See Energy Conservation Program: Water Conservation
Standards; Repeal of the Definition of Showerhead, 90 FR 15647 (Apr.
15, 2025); Energy Conservation Program: Energy Conservation
Standards for Walk-In Coolers and Walk-In Freezers, 90 FR 9951-9952
(Feb. 20, 2025) (delay of effective date), 90 FR 13054-13055 (Mar.
20, 2025) (further delay of effective date), 90 FR 21391-21392 (May
20, 2025) (withdrawal); Energy Conservation Program: Energy
Conservation Standards for Consumer Gas-Fired Instantaneous Water
Heaters, 90 FR 9951 (Feb. 20, 2025) (delay of effective date), 90 FR
13054 (Mar. 20, 2025) (further delay of effective date), 90 FR
21390-21391 (May 20, 2025) (withdrawal); Energy Conservation
Program: Test Procedures for Central Air Conditioners and Heat
Pumps, 90 FR 9001 (Feb. 5, 2025) (delay of effective date), 90 FR
13052-13053 (Mar. 20, 2025) (further delay of effective date), 90 FR
21389-21390 (May 20, 2025) (further delay of effective date).
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U.S. consumers are likely to suffer irreparable injury absent
amended compliance dates. Moreover, manufacturers of the covered
products and associated venting equipment have no choice now but to
spend millions of dollars preparing to comply with the rules, and many
of those expenditures will be stranded if the rules are ultimately
deemed unlawful. Moreover, the rules will be onerous on American
families and notably will raise costs for a large number of senior-only
households, low-income households, and small business consumers.
Natural gas is 3.5 times more affordable than electricity and
significantly more affordable than several other residential energy
sources for the same amount of energy delivered. Households that use
natural gas for heating, cooking, and clothes drying save an average of
$1,030 per year compared to homes using electricity for those
applications. Propane shows cost savings over electric as well; per But
electricity is 1.4 times more expensive than propane.\15\ This cost
differential is even more pronounced in areas of the country that are
both cold and have above average electricity prices, including the Mid-
Atlantic and Northeast regions,\16\ as space and water heating are the
two most energy-intensive applications in most American homes.\17\
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\15\ Energy Conservation Program for Consumer Products:
Representative Average Unit Costs of Energy, 89 FR 83672, (Oct. 17,
2024).
\16\ Table 2.10: Average Price of Electricity to Ultimate
Customers by End-Use Sector, U.S. Energy Information Administration,
(2025), available at https://www.eia.gov/electricity/annual/html/epa_02_10.html.
\17\ Today in Energy: Space heating and water heating account
for nearly two thirds of home energy use, U.S. Energy Information
Administration, (Nov. 7, 2018), available at https://www.eia.gov/todayinenergy/detail.php?id=37433.
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Specifically, non-condensing furnaces, which will be banned from
manufacturing under the Consumer Furnace Rule, make up approximately
55% of the market for natural gas furnaces in the United States, cannot
be replaced by other furnace types, and their removal from the market
would saddle families with a challenging choice: perform costly
renovations on their home or eliminate gas as a home heating option all
together. The Department's own data shows that the Consumer Furnace
Rule would negatively impact costs for 30% of senior-only households,
26% of low-income households, and 27% of small business consumers. For
households with mobile home gas furnaces, 39% of consumers would be
negatively affected by the proposed standard, showing a
disproportionate impact on America's low-income households. Prompt
action amending the compliance deadlines for these rules would mark
another important step in the Administration's commitment to lower
costs for American consumer and is consistent with the Administration's
emphasis on affordability and cost-of-living considerations.
B. Amendment of the Compliance Deadlines Is Warranted Because Issues
Related to These Rules Are Pending in the Current Unified Agenda of
Federal Regulatory and Deregulatory Actions and in a Rulemaking
Proceeding That Is Currently Under Executive Branch Review
The Spring 2025 Unified Agenda of Federal Regulatory and
Deregulatory Actions (``Unified Agenda'') for the Department includes a
matter titled ``Interpretive Rulemaking Regarding Energy Conservation
Standards for Residential Furnaces and Commercial Water Heaters (and
Similarly-Situated Products/Equipment)'' (``Interpretive Rule'').\18\
The Unified Agenda's abstract states that the Department is reexamining
an interpretive rule related to residential furnaces, commercial water
heaters, and similarly-situated products/equipment and the use of non-
condensing and condensing technology.\19\ The Department states that it
is reexamining its earlier interpretation in accordance with Executive
Order 14154, ``Unleashing American Energy,'' and Presidential
Memorandum titled ``Delivering Emergency Price Relief for American
Families and Defeating the Cost-of-Living Crisis.'' \20\ Changes to the
Interpretive Rule could impact the legal
[[Page 22481]]
and regulatory principles that underpin the Commercial Water Heater
Rule and the Consumer Furnace Rule.
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\18\ See RIN 1904-AF71.
\19\ See https://www.reginfo.gov/public/do/eAgendaViewRule?pubId=202504&RIN=1904-AF71.
\20\ Exec. Order No. 14154, 90 FR 8353; Presidential Memorandum
on Delivering Emergency Price Relief for American Families and
Defeating the Cost-of-Living Crisis, 90 FR 8245.
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In addition, a matter titled ``Procedures, Interpretations, and
Policies for Consideration in New or Revised Energy Conservation
Standards and Test Procedures for Consumer Products and Commercial/
Industrial Equipment'' (``Process Rule'') appears in the Unified
Agenda.\21\ The Unified Agenda's abstract states that the Department
``is considering a notice-and-comment rulemaking to amend its Process
Improvement Rule to reflect statutory changes as well as innovative,
collaborative approaches to reflect more efficient rulemaking.'' \22\
Moreover, the Process Rule was received at OMB on January 9, 2026, and
is currently pending review by the Office of Information and Regulatory
Affairs. Because changes to the Process Rule and Interpretive Rule
could affect how DOE approaches standards rulemakings, amending the
compliance dates now would help avoid forcing manufacturers and
consumers to make irreversible transition investments while DOE is
considering these matters.
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\21\ See RIN 1904-AF72.
\22\ See https://www.reginfo.gov/public/do/eAgendaViewRule?pubId=202504&RIN=1904-AF72.
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C. Amendment of the Compliance Deadlines Is Warranted Due to Pending
Supreme Court Review of These Rules
On January 20, 2026, AGA, APGA, NPGA, and NCTP, Inc., doing
business as Thermo Products (``Petitioners'') petitioned the U.S.
Supreme Court to review the D.C. Circuit decision upholding DOE's
Consumer Furnace Rule and Commercial Water Heater Rule.\23\ The
petition maintains that the lower court inappropriately deferred to the
Department in violation of Loper Bright Enterprises v. Raimondo, 603
U.S. 369, 395 (2024), and the majority erred in analyzing the sections
of EPCA that protected performance characteristics. The interests of
justice require amendment of the compliance dates for the Commercial
Water Heater Rule and the Consumer Furnace Rule pending judicial
review. First, there is significant likelihood that Petitioners will
succeed on the merits in a challenge of both rules at the Supreme
Court.\24\ Second, if the Court grants certiorari, the briefing could
extend for months, and it could be some time before the Court issues an
opinion. Hence, a decision may not be issued until 2027, after the
compliance date for the Commercial Water Heater Rule.
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\23\ Petition for Writ of Certiorari at Supreme Court of the
United States, AGA v. DOE, No. 25-879 (Jan. 20, 2026).
\24\ Id.
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In short, the pending petition for writ of certiorari creates near-
term uncertainty for manufacturers and the market. Specifically, it
creates uncertainty for manufacturers, distributors, contractors, and
consumers who must plan for compliance in advance of the compliance
dates. This uncertainty is particularly relevant for the Commercial
Water Heater Rule, given the proximity of the current compliance date
(October 6, 2026) and the lead times associated with the rule. Finally,
an amendment of the compliance dates pending judicial review will not
substantially injure other parties or undermine the public interest. In
summary, ``[t]here is generally no public interest in the perpetuation
of unlawful agency action.'' Shawnee Tribe v. Mnuchin, 984 F.3d 94, 102
(D.C. Cir. 2021) (internal quotation marks omitted). In conclusion,
prompt action by DOE to amend the compliance dates would provide
greater regulatory certainty and reduce the risk of disruption and
compliance expenditures while Petitioners' petition for writ of
certiorari is pending.
III. Conclusion
For the reasons stated above, Joint Requesters respectfully request
that the Department amend the compliance dates for the Commercial Water
Heater Rule and the Consumer Furnace Rule. If you have any questions
regarding this submission, please do not hesitate to contact the
undersigned.
Respectfully submitted,
/S/
Matthew J. Agen,
Chief Regulatory Counsel, Energy, American Gas Association, 400 N
Capitol Street NW, Washington, DC 20001, [email protected].
/S/
Eric Kurilla,
Executive Vice President, Vice President of Operations & Advocacy,
American Public Gas Association, 201 Massachusetts Avenue NE, Suite
C-4, Washington, DC 20002, [email protected].
/S/
Benjamin Nussdorf,
General Counsel/Senior Vice President, Regulatory & Industry
Affairs, National Propane Gas Association, 1140 Connecticut Ave. NW,
Suite 1075, Washington, DC 20036, [email protected].
cc: Michael Helmer, Principal Deputy Assistant Secretary
Louis Hrkman, Principal Deput Assistant Secretary
Joshua Campbell, Deputy General Counsel for Energy Efficiency and
Clean Energy Demonstrations
Carolyn Snyder, Deputy Assistant Secretary for the Office of
Innovation, Affordability and Consumer Choice.
[FR Doc. 2026-08145 Filed 4-24-26; 8:45 am]
BILLING CODE 6450-01-P