Energy Conservation Program: Energy Conservation Standards for Consumer Furnaces, 4513-4520 [2022-01765]
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Proposed Rules
Federal Register
Vol. 87, No. 19
Friday, January 28, 2022
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.
DEPARTMENT OF ENERGY
10 CFR Part 430
[EERE–2021–BT–STD–0031]
RIN 1904–AF19
Energy Conservation Program: Energy
Conservation Standards for Consumer
Furnaces
Office of Energy Efficiency and
Renewable Energy, Department of
Energy.
ACTION: Request for information.
AGENCY:
The U.S. Department of
Energy (‘‘DOE’’) is initiating an effort to
determine whether to amend the current
energy conservation standards for
certain classes of consumer furnaces.
Under the Energy Policy and
Conservation Act, as amended, DOE
must review these standards at least
once every six years and publish either
a notice of proposed rulemaking
(‘‘NOPR’’) to propose new standards or
a notification of determination that the
existing standards do not need to be
amended. This request for information
(‘‘RFI’’) solicits information from the
public to help DOE determine whether
amended standards for non-weatherized
oil-fired, mobile home oil-fired,
weatherized oil-fired, weatherized gas,
and electric consumer furnaces would
result in significant energy savings and
whether such standards would be
technologically feasible and
economically justified. DOE also
welcomes written comments from the
public on any subject within the scope
of this document (including those topics
not specifically raised), as well as the
submission of data and other relevant
information.
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SUMMARY:
Written comments and
information are requested and will be
accepted on or before February 28, 2022.
ADDRESSES: Interested persons are
encouraged to submit comments using
the Federal eRulemaking Portal at
www.regulations.gov. Follow the
instructions for submitting comments.
DATES:
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Alternatively, interested persons may
submit comments, identified by docket
number EERE–2021–BT–STD–0031, by
any of the following methods:
1. Federal eRulemaking Portal:
www.regulations.gov. Follow the
instructions for submitting comments.
2. Email: To
OEWGFurnaces2021STD0031@
ee.doe.gov. Include docket number
EERE–2021–BT–STD–0031 in the
subject line of the message.
No telefacsimiles (‘‘faxes’’) will be
accepted. For detailed instructions on
submitting comments and additional
information on this process, see section
IV of this document.
Although DOE has routinely accepted
public comment submissions through a
variety of mechanisms, including postal
mail and hand delivery/courier, the
Department has found it necessary to
make temporary modifications to the
comment submission process in light of
the ongoing coronavirus 2019 (‘‘COVID–
19’’) pandemic. DOE is currently
suspending receipt of public comments
via postal mail and hand delivery/
courier. If a commenter finds that this
change poses an undue hardship, please
contact Appliance Standards Program
staff at (202) 586–1445 to discuss the
need for alternative arrangements. Once
the COVID–19 pandemic health
emergency is resolved, DOE anticipates
resuming all of its regular options for
public comment submission, including
postal mail and hand delivery/courier.
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,
some documents listed in the index,
such as those containing information
that is exempt from public disclosure,
may not be publicly available.
The docket web page can be found at:
www.regulations.gov/docket/EERE2021-BT-STD-0031. 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
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Renewable Energy, Building
Technologies Office, EE–5B, 1000
Independence Avenue SW, Washington,
DC 20585–0121. Telephone: (240) 597–
6737. Email:
ApplianceStandardsQuestions@
ee.doe.gov.
Ms. Amelia Whiting, U.S. Department
of Energy, Office of the General Counsel,
GC–33, 1000 Independence Avenue SW,
Washington, DC 20585–0121.
Telephone: (202) 586–2588. Email:
amelia.whiting@hq.doe.gov.
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:
ApplianceStandardsQuestions@
ee.doe.gov.
SUPPLEMENTARY INFORMATION:
Table of Contents
I. Introduction
A. Authority
B. Rulemaking History
C. Deviation From Appendix A
II. Request for Information
A. Scope & Product Classes
B. Significant Savings of Energy
1. Energy Use Analysis
2. Shipments
C. Technological Feasibility
1. Technology Options
2. Screening Analysis
3. Engineering Efficiency Analysis
D. Economic Justification
1. Life-Cycle Cost and Payback Period
Analysis
2. Manufacturer Impact Analysis
III. Submission of Comments
I. Introduction
A. Authority and Background
The Energy Policy and Conservation
Act, as amended (‘‘EPCA’’),1 authorizes
DOE to regulate the energy efficiency of
a number of consumer products and
certain industrial equipment. (42 U.S.C.
6291–6317) Title III, Part B 2 of EPCA
established the Energy Conservation
Program for Consumer Products Other
Than Automobiles. These products
include consumer furnaces, the subject
of this document. (42 U.S.C. 6292(a)(5)).
EPCA prescribed energy conservation
standards for these products, and
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).
2 For editorial reasons, upon codification in the
U.S. Code, Part B was redesignated Part A.
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directed DOE to conduct two cycles of
rulemakings to determine whether to
amend these standards. (42 U.S.C.
6295(f)).
Under EPCA, DOE’s energy
conservation program consists
essentially of four parts: (1) Testing, (2)
labeling, (3) Federal energy conservation
standards, and (4) certification and
enforcement procedures. Relevant
provisions of EPCA 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 instances for particular State
laws or regulations, in accordance with
the procedures and other provisions set
forth under. (42 U.S.C. 6297(d)).
As previously noted, EPCA
established energy conservation
standards for consumer furnaces, which
are expressed in terms of minimum
annual fuel utilization efficiency
(‘‘AFUE’’). (42 U.S.C. 6295(f)(1)–(2))
Pursuant to EPCA, DOE was required to
conduct two rounds of rulemaking to
consider amended energy conservation
standards for consumer furnaces. (42
U.S.C. 6295(f)(4)(B) and (C)) In
satisfaction of the first round of
rulemaking under 42 U.S.C.
6295(f)(4)(B), DOE published a final rule
on November 19, 2007 (‘‘November
2007 final rule’’) that revised the initial
standards for four classes of consumer
furnaces (i.e., non-weatherized gas
furnaces (‘‘NWGFs’’), mobile home gas
furnaces (‘‘MHGFs’’), weatherized gas
furnaces (‘‘WGFs’’), and nonweatherized oil-fired furnaces
(‘‘NWOFs’’), but left them in place for
two product classes (i.e., mobile home
oil-fired furnaces (‘‘MHOFs’’) and
weatherized oil-fired furnaces
(‘‘WOFs’’)). 72 FR 65136, 65137.
Compliance with the amended
standards established in the November
2007 final rule was to be required
beginning November 19, 2015. Id. at 72
FR 65136, 65169.
On June 27, 2011, DOE published a
direct final rule (‘‘DFR’’) (‘‘June 2011
DFR’’) revising the energy conservation
standards for consumer furnaces
pursuant to the voluntary remand in
State of New York, et al. v. Department
of Energy, et al. 76 FR 37408, 37415. In
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the June 2011 DFR, DOE addressed the
energy conservation standards for the
same six product classes addressed in
the November 2007 final rule (i.e.,
NWGFs, MHGFs, WGFs, NWOF,
MHOFs, and WOFs) plus electric
furnaces. The June 2011 DFR amended
the existing AFUE energy conservation
standards for NWGFs, MHGFs, and
NWOFs, and amended the compliance
date (but left the existing standards in
place) for WGFs. The June 2011 DFR
also established electrical standby mode
and off mode standards for NWGFs,
MHGFs, NWOFs, MHOFs, and electric
furnaces. DOE confirmed the standards
and compliance dates promulgated in
the June 2011 DFR in a notice of
effective date and compliance dates
published on October 31, 2011
(‘‘October 2011 notice’’). 76 FR 67037.
After publication of the October 2011
notice, the American Public Gas
Association sued DOE to invalidate the
rule as it pertained to NWGFs. Petition
for Review, American Public Gas
Association, et al. v. Department of
Energy, et al., No. 11–1485 (D.C. Cir.
filed Dec. 23, 2011). On April 24, 2014,
the Court granted a motion that
approved a settlement agreement that
was reached between DOE, APGA, and
the various intervenors in the case, in
which DOE agreed to a remand of the
non-weatherized gas furnace and mobile
home gas furnace portions of the June
2011 direct final rule in order to
conduct further notice-and-comment
rulemaking. Accordingly, the Court’s
order vacated the June 2011 DFR in part
(i.e., those portions relating to nonweatherized gas furnaces and mobile
home gas furnaces) and remanded to the
agency for further rulemaking. 86 FR
43120, 43124 (Aug. 6, 2021). As a result,
the standards established by the June
2011 DFR for NWGFs and MHGFs did
not go into effect. The court order left
in place the standards for WGFs,
NWOFs, MHOFs, WOFs, and electric
furnaces. Amended standards for
NWGFs and MHGFs are being addressed
in a separate rulemaking. This RFI
covers WGFs, NWOFs, MHOFs, WOFs,
and electric furnaces.
On January 15, 2021, in response to a
petition for rulemaking submitted by the
American Public Gas Association, Spire,
Inc., the Natural Gas Supply
Association, the American Gas
Association, and the National Propane
Gas Association (83 FR 544883; Nov. 1,
2018) DOE published a final interpretive
rule determining that, in the context of
residential furnaces, commercial water
heaters, and similarly situated products/
equipment, use of non-condensing
technology (and associated venting
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constitutes a performance-related
‘‘feature’’ under EPCA that cannot be
eliminated through adoption of an
energy conservation standard. 86 FR
4776 (‘‘January 2021 Final Interpretive
Rule’’).
However, on December 29, 2021, DOE
subsequently published a final
interpretive rule that returns to the
previous and long-standing
interpretation (in effect prior to the
January 15, 2021 final interpretive rule),
under which the technology used to
supply heated air or hot water is not a
performance-related ‘‘feature’’ that
provides a distinct consumer utility
under EPCA. 86 FR 73947 (‘‘December
2021 Final Interpretive Rule’’).
EPCA also requires that, not later than
6 years after the issuance of any final
rule establishing or amending a
standard, DOE evaluate the energy
conservation standards for each type of
covered product, including those at
issue here, and publish either a
notification of determination that the
standards do not need to be amended,
or a NOPR that includes new proposed
energy conservation standards
(proceeding to a final rule, as
appropriate). (42 U.S.C. 6295(m)(1)) If
DOE determines not to amend a
standard based on the statutory criteria,
not later than 3 years after the issuance
of a final determination not to amend
standards, DOE must publish either a
notification of determination that
standards for the product do not need to
be amended, or a NOPR including new
proposed energy conservation standards
(proceeding to a final rule, as
appropriate). (42 U.S.C. 6295(m)(3)(B))
DOE must make the analysis on which
a determination is based publicly
available and provide an opportunity for
written comment. (42 U.S.C.
6295(m)(2)).
In proposing new standards, DOE
must evaluate that proposal against the
criteria of 42 U.S.C. 6295(o), as
described in the following section, and
follow the rulemaking procedures set
out in 42 U.S.C. 6295(p). (42 U.S.C.
6295(m)(1)(B)) If DOE decides to amend
the standard based on the statutory
criteria, DOE must publish a final rule
not later than two years after energy
conservation standards are proposed.
(42 U.S.C. 6295(m)(3)(A)).
DOE is publishing this RFI to collect
data and information to inform its
decision consistent with its obligations
under EPCA.
B. Rulemaking Process
DOE must follow specific statutory
criteria for prescribing new or amended
standards for covered products. EPCA
requires that any new or amended
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energy conservation standard prescribed
by the Secretary of Energy (‘‘Secretary’’)
be designed to achieve the maximum
improvement in energy or water
efficiency that is technologically
feasible and economically justified. (42
U.S.C. 6295(o)(2)(A)) The Secretary may
not prescribe an amended or new
standard that will not result in
significant conservation of energy, or is
not technologically feasible or
economically justified. (42 U.S.C.
6295(o)(3)).
To adopt any new or amended
standards for a covered product, DOE
must determine that such action would
result in significant energy savings. (42
U.S.C. 6295(o)(3)(B)) 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.3 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 GHG emissions
in order to limit the rise in mean global
temperature. As such, energy savings
that reduce GHG emission 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
holistic picture of the impacts of energy
conservation standards. Accordingly,
DOE evaluates the significance of energy
savings on a case-by-case basis.
To determine whether a 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;
(2) The savings in operating costs
throughout the estimated average life of the
product compared to any increases in the
initial cost, or maintenance expenses likely
to result from the standard;
(3) The total projected amount of energy
and water (if applicable) 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 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
EPCA requirement
Corresponding DOE analysis
Significant Energy Savings ..........................................
Technological Feasibility ..............................................
Economic Justification:
1. Economic Impact on Manufacturers and Consumers.
2. Lifetime Operating Cost Savings Compared to
Increased Cost for the Product.
3. Total Projected Energy Savings .......................
4. Impact on Utility or Performance .....................
5. Impact of Any Lessening of Competition .........
6. Need for National Energy and Water Conservation.
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7. Other Factors the Secretary Considers Relevant.
3 See
•
•
•
•
•
•
Shipments Analysis.
National Impact Analysis.
Energy and Water Use Determination.
Market and Technology Assessment.
Screening Analysis.
Engineering Analysis.
• Manufacturer Impact Analysis.
•
•
•
•
Life-Cycle Cost and Payback Period Analysis.
Life-Cycle Cost Subgroup Analysis.
Shipments Analysis.
Markups for Product Price Determination.
•
•
•
•
•
•
•
•
Energy and Water Use Determination.
Life-Cycle Cost and Payback Period Analysis.
Shipments Analysis.
National Impact Analysis.
Screening Analysis.
Engineering Analysis.
Manufacturer Impact Analysis.
Shipments Analysis.
• National Impact Analysis.
• Employment Impact Analysis.
•
•
•
•
Utility Impact Analysis.
Emissions Analysis.
Monetization of Emission Reductions Benefits.
Regulatory Impact Analysis.
86 FR 70892, 70901 (Dec. 13, 2021).
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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 will ultimately
rely to determine whether (and if so,
how) to amend the standards for WGFs,
NWOFs, MHOFs, WOFs, and electric
furnaces.
C. Deviation From Appendix A
In accordance with Section 3(a) of 10
CFR part 430, subpart C, appendix A,
DOE notes that it is deviating from that
appendix’s provision 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 is opting to deviate from this step
because DOE believes that 30 days is a
sufficient time to respond to this initial
rulemaking document because the
market and available technologies have
not changed substantially from the
previous rulemaking.
II. Request for Information
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 amended standards
for WGFs, NWOFs, MHOFs, WOFs, and
electric furnaces may be warranted.
A. Scope & Product Classes
When evaluating and establishing
energy conservation standards, DOE
divides covered products into product
classes by the type of energy used, or by
capacity or other performance-related
features that justify differing standards.
(42 U.S.C. 6295(q)) In making a
determination whether a performancerelated feature justifies a different
standard, DOE must consider such
factors as the utility of the feature to the
consumer and other factors DOE
determines are appropriate. (Id.) As
discussed in Section I.A, DOE has
recently published the December 2021
Final Interpretive Rule that returns to
the previous and long-standing
interpretation (in effect prior to the
January 15, 2021 final interpretive rule),
under which the technology used to
supply heated air or hot water is not a
performance-related ‘‘feature’’ that
provides a distinct utility under EPCA.
86 FR 73947 (Dec. 29, 2021).
A ‘‘furnace’’ is ‘‘a product which
utilizes only single-phase electric
current, or single-phase electric current
or DC current in conjunction with
natural gas, propane, or home heating
oil, and which—
(1) Is designed to be the principal heating
source for the living space of a residence;
(2) Is not contained within the same
cabinet with a central air conditioner whose
rated cooling capacity is above 65,000 British
thermal units (‘‘Btu’’) per hour;
(3) Is an electric central furnace, electric
boiler, forced-air central furnace, gravity
central furnace, or low-pressure steam or hot
water boiler; and
(4) Has a heat input rate of less than
300,000 Btu per hour for electric boilers and
low-pressure steam or hot water boilers and
less than 225,000 Btu per hour for forced-air
central furnaces, gravity central furnaces, and
electric central furnaces. 10 CFR 430.2. (See
also 42 U.S.C. 6291(23)).4
DOE divides consumer furnaces into
seven classes for the purpose of setting
energy conservation standards: (1)
NWGFs, (2) MHGFs, (3) WGFs, (4)
NWOFs, (5) MHOFs, (6) WOFs, and (7)
electric furnaces. 10 CFR 430.32(e)(ii).
As discussed in section I.B of this
document, NWGFs and MHGFs were
the subject of a lawsuit that resulted in
an order to remand the standards to
DOE for further analysis. As a result,
DOE has been analyzing amended
standards for those two consumer
furnace classes as part of a separate,
ongoing rulemaking covering only those
two classes (see Docket No. EERE–BT–
STD–2014–0031 5). Therefore, DOE is
not considering NWGFs and MHGFs as
part of this review. The product classes
that DOE considered for this document
are NWOFs, WGFs, MHOFs, WOFs, and
electric furnaces. The current standards
for WGFs, NWOFs, MHOFs, WOFs, and
electric furnaces are shown in Table II–
1.
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TABLE II–1—ENERGY CONSERVATION STANDARDS FOR CONSUMER FURNACES COVERED IN THIS RFI
Product class
AFUE
(percent)
PW,SB and PW,OFF
(watts)
Non-weatherized oil-fired furnaces (not including mobile home furnaces) .................................................
Mobile Home oil-fired furnaces ....................................................................................................................
Weatherized gas furnaces ...........................................................................................................................
Weatherized oil-fired furnaces .....................................................................................................................
Electric furnaces ..........................................................................................................................................
83
75
81
78
78
11
11
N/A
N/A
10
Issue 1: DOE seeks comment on
whether there are any products that are
covered by the definition of ‘‘furnace’’
and should be regulated by DOE, but are
not covered by any of the current classes
of consumer furnaces that are regulated
by DOE.
Issue 2: DOE seeks information
regarding any other new product classes
it should consider for inclusion in its
analysis. DOE also requests relevant
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 or decrease energy
consumption).
On June 27, 2011, DOE adopted
amended energy conservations standard
for consumer furnaces, central air
conditioners, and heat pumps that are
expected to result in an estimated 3.36
to 4.38 quadrillion Btu (‘‘quads’’) of
cumulative energy savings over a 30year period for the three products. 76 FR
37408, 37412 (June 27, 2011). Of this,
0.012 quads were from the efficiency
standards adopted for NWOFs at 83
percent AFUE. Additionally, in the June
2011 DFR, DOE estimated that an energy
conservation standard established at the
maximum technologically feasible
(‘‘max-tech’’) AFUE level, which was
4 In turn, a forced-air central furnace is defined
as a gas or oil burning furnace designed to supply
heat through a system of ducts with air as the
heating medium. The heat generated by combustion
of gas or oil is transferred to the air within a casing
by conduction through heat exchange surfaces and
is circulated through the duct system by means of
a fan or blower. 10 CFR 430.2. A gravity central
furnace is defined as a gas fueled furnace which
depends primarily on natural convection for
circulation of heated air and which is designed to
be used in conjunction with a system of ducts. 10
CFR 430.2. An electric central furnace is defined as
a furnace designed to supply heat through a system
of ducts with air as the heating medium, in which
heat is generated by one or more electric resistance
heating elements and the heated air is circulated by
means of a fan or blower. 10 CFR 430.2.
5 The rulemaking docket is available online at:
www.regulations.gov/docket/EERE-2014-BT-STD0031.
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B. Significant Savings of Energy
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determined to be 97 percent, would
have resulted in 0.376 additional quads
of savings for NWOFs.6 Potential energy
savings for MHOFs, WOFs, and electric
furnaces from amended AFUE standards
were not considered in the June 2011
DFR. (EERE–2011–BT–STD–0011–0012,
Technical Support Document: Chapter
10. National and Regional Impact
Analyses at pp. 10–96–10–97) For
MHOFs and WOFs, DOE found that
only a very small number of these
products are shipped, resulting in de
minimis potential for energy savings
from amended AFUE standards.
Because electric furnace efficiency
already approaches 100-percent AFUE,
DOE concluded that electric furnaces
would also have de minimis energy
savings potential and did not consider
amending the AFUE standards. 76 FR
37408, 37443, 37445.
While DOE’s RFI is not limited to the
following issues, DOE is particularly
interested in comment, information, and
data on energy use and shipments, as
outlined in sections II.B.1 and II.B.2 of
this document, to inform whether
potential amended energy conservation
standards would result in a significant
savings of energy.
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1. Energy Use Analysis
As part of the rulemaking process,
DOE conducts an energy use analysis to
identify how products are used by
consumers, and thereby determine the
energy savings potential of energy
efficiency improvements. The energy
use analysis is meant to represent
typical energy consumption in the field.
Issue 3: DOE requests feedback on the
levels of energy savings that could be
expected from the adoption of morestringent standards for consumer
furnaces, specifically for those classes of
consumer furnaces covered by this
notice (WGFs, NWOFs, MHOFs, WOFs,
and electric furnaces).
Issue 4: DOE requests data on the
typical operating conditions for WGFs,
NWOFs, MHOFs, WOFs, and electric
furnaces in high heating and reduced
heating modes.
Issue 5: DOE requests feedback and
sources of data or recommendations to
support sizing criteria of WGFs,
NWOFs, MHOFs, WOFs, and electric
furnaces for typical consumer spaceheating applications.
6 This value was calculated by subtracting the
energy savings in quads for furnaces at the standard
level adopted in the June 2011 DFR (i.e., 83 percent
AFUE which corresponded to efficiency level 1 in
that analysis) from the energy savings in quads
associated with max-tech level (i.e., 97 percent
AFUE, which corresponded to efficiency level 4).
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2. Shipments
DOE develops shipments forecasts of
consumer furnaces to calculate the
national impacts of potential amended
energy conservation standards on
energy consumption, net present value
(‘‘NPV’’), and future manufacturer cash
flows. DOE shipments projections are
based on available historical data
broken out by product class and
efficiency. Current sales estimates allow
for a more accurate model that captures
recent trends in the market.
Issue 6: DOE requests historical
consumer furnace shipments data for
each product class covered by this
notice (i.e., WGFs, NWOFs, MHOFs,
WOFs, and electric furnaces). DOE is
interested in shipments data, broken out
by product class, efficiency level, and
region. If disaggregated shipments data
are not available at the product class
level, DOE requests shipments data at
any broader available category.
C. Technological Feasibility
1. Technology Options
In the development of the June 2011
DFR, DOE considered a number of
technology options that manufacturers
could use to reduce energy consumption
in NWOFs, WGFs, MHOFs, WOFs, and
electric furnaces. However, as discussed
in section II.B of this document, DOE
did not consider amended AFUE
standards for MHOFs, WOFs, and
electric furnaces in the June 2011 DFR.
Regarding NWOFs and WGFs, DOE
considered 13 technology options that
would be expected to impact the AFUE
of consumer furnaces: (1) Condensing
secondary heat exchanger for nonweatherized furnaces, (2) heat
exchanger improvements for nonweatherized furnaces, (3) condensing
and near-condensing technologies for
WGFs, (4) two-stage or modulating
combustion, (5) pulse combustion, (6)
low NOX premix burners, (7) burner
derating, (8) insulation improvements,
(9) off-cycle dampers, (10) concentric
venting, (11) low-pressure, air-atomized
oil burners, (12) high-static oil burners,
and (13) delayed-action oil pump
solenoid valves. 76 FR 37408, 37449.
DOE seeks comment on any changes to
these technology options that could
affect whether DOE could propose a
‘‘no-new-standards’’ determination,
such as an insignificant increase in the
range of efficiencies and performance
characteristics of these technology
options. DOE also seeks comment on
whether there are any other technology
options that DOE should consider in its
analysis.
Issue 7: DOE seeks information on the
aforementioned technologies, including
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their applicability to the current market
and how these technologies may impact
the energy use of consumer furnaces as
measured according to the DOE test
procedure. DOE also seeks information
on how these technologies may have
changed since they were considered in
the June 2011 DFR analysis.
Additionally, the June 2011 DFR
established separate standby mode and
off mode energy conservation standards
for NWOFs and electric furnaces. 76 FR
37408, 37433. WGFs and WOFs were
not considered in the analysis of
standby mode and off mode energy
consumption because DOE did not find
any weatherized furnaces that were not
sold as part of a single package air
conditioner or ‘‘dual fuel’’ single
package heat pump systems, and
determined that the existing test
procedures for central air conditioners
and heat pumps account for standby
mode power consumption within the
seasonal energy efficiency ratio
(‘‘SEER’’) rating. MHOFs were not
considered in the analysis of standby
mode and off mode standards due to de
minimis potential for energy savings. 76
FR 37408, 37433. For the standby/off
mode metric, DOE considered three
technology options that would be
expected to impact the standby/off
mode efficiency rating: (1) Switching
mode power supplies, (2) toroidal
transformers, and (3) a relay that
disconnects power to the blower’s
brushless permanent magnet 7 (‘‘BPM’’)
motor while in standby mode. 76 FR
37408, 37450.
Issue 8: DOE seeks information on the
aforementioned technologies, including
their applicability to the current market
and how these technologies may impact
the standby mode and/or off mode
energy use of NWOFs and electric
furnaces as measured according to the
DOE test procedure. DOE also seeks
information on how these technologies
may have changed since they were
considered in the June 2011 DFR
analysis.
Issue 9: DOE request information on
whether other standby mode and off
mode technologies are available to
reduce energy consumption of
consumer furnaces in standby mode
and/or off mode.
2. Screening Analysis
The purpose of the screening analysis
is to evaluate the technologies that
improve product efficiency to determine
which technologies will be eliminated
7 In the June 2011 DFR, DOE referred to these
motors as electronically commutated motors
(‘‘ECM’’). BPM is a more generalized term for the
same type of motor.
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from further consideration and which
will be passed to the engineering
analysis for further consideration. DOE
determines whether to eliminate certain
technology options from further
consideration based on the following
criteria: (1) Technological feasibility; (2)
practicability to manufacture, install,
and service; (3) adverse impacts on
product utility or product availability;
(4) adverse impacts on health or safety;
and (5) unique-pathway proprietary
technologies. 10 CFR part 430, subpart
C, appendix A, 7(b).
The technology options screened out
in the June 2011 DFR for both AFUE
and standby/off mode power
consumption are summarized in Table
II.2. 76 FR 37408, 37448–37450.
TABLE II.2—PREVIOUS SCREENING ANALYSIS FROM THE JUNE 2011 DFR
Reason for screening
Technology option
Technological
feasibility
Condensing and near-condensing technologies for WGFs
Pulse combustion .................................................................
Low NOX premix burners .....................................................
Burner derating ....................................................................
Advanced forms of insulation ..............................................
Low-pressure, air-atomized oil burners ...............................
Relay that disconnects power to the blower’s BPM motor *
X
Practicability
to manufacture
Adverse
impacts on
product utility
or availability
Adverse
impacts on
health and
safety
Unique
pathway
proprietary
technologies
X
X
X
X
X
X
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* This technology option applies to standby mode and off mode power consumption.
As displayed in Table II.2, a
condensing secondary heat exchanger
was screened out for WGFs in the June
2011 DFR. As of the publication of the
June 2011 DFR, DOE was not aware of
any WGFs that included a condensing
secondary heat exchanger. For WGFs,
condensate disposal presented
challenges for using condensing
technology. In particular, condensate
can freeze in cold climates, which could
cause the unit to malfunction. However,
DOE has since identified one such
model on the market, which suggests
that technical challenges associated
with condensate disposal in WGFs have
been overcome. While DOE’s RFI is not
limited to the following issues, DOE is
particularly interested in comment,
information, and data on the following.
Issue 10: DOE requests feedback on
what impact, if any, the screening
criteria described in this section would
have on each of the aforementioned
technology options. Similarly, DOE
seeks information regarding how these
same criteria would affect any other
technology options not already
identified in this document with respect
to their potential use in consumer
furnaces.
Issue 11: DOE requests data and
information on WGFs that include a
condensing secondary heat exchanger.
In particular, DOE requests information
on methods for condensate disposal and
preventing condensate freezing and any
associated increase in installation or
maintenance costs. Additionally, DOE
seeks comment on whether this
technology and associated condensing
efficiency levels would be appropriate
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for consideration as a national standard
for WGFs.
3. Engineering Efficiency Analysis
The engineering analysis estimates
the cost-efficiency relationship of
equipment at different levels of
increased energy efficiency (‘‘efficiency
levels’’). This relationship serves as the
basis for the cost-benefit calculations for
consumers, manufacturers, and the
Nation.
The current energy conservation
standard for each consumer furnace
product class is based on AFUE and
determined according to appendix N to
subpart B of 10 CFR part 430. The
current standards for consumer furnaces
are found at 10 CFR 430.32(e). As part
of DOE’s analysis, DOE develops
efficiency levels as potential energy
conservation standards to evaluate in
the rulemaking analyses. Among these,
DOE typically establishes efficiency
levels at the maximum-available and
max-tech efficiencies. The maximumavailable efficiency level represents the
highest efficiency units currently
available on the market. The max-tech
efficiency level represents the
theoretical maximum possible efficiency
if all available design options are
incorporated in a model. 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 the energy efficiency analysis in
the June 2011 DFR, the max-tech level
for NWOFs was determined to
incorporate a condensing secondary
heat exchanger at 97-percent AFUE.
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(EERE–2011–BT–STD–0011–0012,
Technical Support Document: Chapter
5. Engineering Analysis at p. 5–7). As
discussed in section II.C.2 of this
document, a condensing secondary heat
exchanger was screened out as a design
option for WGFs, so the max-tech level
was determined to incorporate noncondensing technology at a level of 81percent AFUE. 76 FR 37408, 37439. As
discussed in section IV.A.1.a of this
document, MHOFs, WOFs, and electric
furnaces were not analyzed for amended
AFUE standards and therefore no maxtech level was determined for those
classes. For the analysis of standby
mode and off mode in the June 2011
DFR, which as discussed in section
III.E.1 of this document applied only to
NWOFs and electric furnaces, DOE
determined the max-tech level to be 10
and 9 watts, respectively. 76 FR 37408,
37463.
Issue 12: DOE seeks input on whether
the maximum-available AFUE levels are
appropriate and technologically feasible
for consideration as possible energy
conservation standards for consumer
furnaces for each current product class.
DOE seeks information on the design
options incorporated into these
maximum-available models, and also on
the order in which manufacturers
incorporate each design option when
improving efficiency from the baseline
to the maximum-available efficiency
level (i.e., which design options would
be included at intermediate efficiency
levels between the baseline and
maximum-available).
Issue 13: DOE seeks feedback on the
max-tech AFUE level for each product
class, and on the design options that
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would be incorporated at the max-tech
AFUE level. As part of this request, DOE
also seeks information as to whether
there are limitations on the use of
certain combinations of design options.
DOE is particularly interested in any
design options that may have become
available since the June 2011 DFR that
would allow greater energy savings
relative to the max-tech efficiency levels
assessed for each product class in that
rulemaking. Specifically, DOE requests
comment and data regarding whether
max-tech AFUE levels and associated
technologies considered in the June
2011 DFR for NWOFs and WGFs are
still appropriate.
Issue 14: DOE seeks feedback on the
max-tech standby mode and off mode
power consumption (i.e., the lowest
power consumption possible) for each
product class, and on the design options
that would be incorporated at the maxtech level. As part of this request, DOE
also seeks information as to whether
there are limitations on the use of
certain combinations of design options.
DOE is particularly interested in any
design options that may have become
available since the June 2011 DFR that
would allow greater energy savings
relative to the max-tech levels assessed
for each product class in that
rulemaking. DOE also seeks comment
and data on whether the standby mode
and off mode power consumption levels
considered in the June 2011 DFR for
NWOFs and electric furnaces are still
appropriate.
D. Economic Justification
In determining whether a proposed
energy conservation standard is
economically justified, DOE analyzes,
among other things, the potential
economic impact on consumers,
manufacturers, and the Nation. DOE
seeks comment on whether there are
economic barriers to the adoption of
more-stringent energy conservation
standards. DOE also seeks comment and
data on any aspects of its economic
justification analysis from the June 2011
DFR that may indicate whether a morestringent energy conservation standard
would be economically justified or cost
effective.
While DOE’s request for information
is not limited to the following issues,
DOE is particularly interested in
comment, information, and data on the
following.
1. Life-Cycle Cost and Payback Period
Analysis
DOE conducts the life-cycle cost
(‘‘LCC’’) and payback period (‘‘PBP’’)
analysis to evaluate the economic effects
of potential energy conservation
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standards for consumer furnaces on
individual consumers. 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 over the life of
the equipment, consisting of purchase,
installation, and operating costs
(expenses for energy use, maintenance,
and repair). Inputs to the calculation of
total installed cost include the cost of
the equipment—which includes the
manufacturer selling price, 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.
Issue 15: DOE requests feedback on
the typical distribution channels for
consumer furnaces. DOE further seeks
comment on whether there is a
significant retail distribution channel
for consumer furnaces.
Issue 16: DOE requests shipments
data for consumer furnaces, broken
down by product class, that show
current market shares by efficiency
level. DOE also seeks input on similar
historic data.
Issue 17: DOE requests comment on
the anticipated future market share of
higher-efficiency products as compared
to less-efficient products for each
consumer furnace product class, in the
absence of amended efficiency
standards.
2. Manufacturer Impact Analysis
The purpose of the manufacturer
impact analysis (‘‘MIA’’) is to estimate
the financial impact of amended energy
conservation standards on
manufacturers of consumer furnaces,
and to evaluate the potential impact of
such standards on direct employment
and manufacturing capacity. As part of
the MIA, DOE would analyze impacts of
amended energy conservation standards
on subgroups of manufacturers of
covered equipment, including 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 North American Industry
Classification System (‘‘NAICS’’).8
Manufacturing of consumer furnaces is
classified under NAICS 333415, ‘‘Airconditioning and warm air heating
equipment and commercial and
8 Available online at: www.sba.gov/document/
support-table-size-standards.
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4519
industrial refrigeration equipment
manufacturing,’’ and the SBA sets a
threshold of 1,250 employees or less for
a domestic entity to be considered as a
small business. This employee
threshold includes all employees in a
business’ parent company and any other
subsidiaries.
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.
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.
Issue 18: To the extent feasible, DOE
seeks the names and contact
information of any domestic or foreignbased manufacturers in the United
States of the consumer furnaces that are
the subject of this notification.
Issue 19: DOE requests the names and
contact information of small business
manufacturers, as defined by the SBA’s
size threshold that distribute in the
United States consumer furnaces that
are the subject of this notification. In
addition, DOE requests comment on any
other manufacturer subgroups that
could disproportionally be impacted by
amended energy conservation
standards. DOE requests feedback on
any potential approaches that could be
considered to address impacts on
manufacturers, including small
businesses.
Issue 20: DOE requests information
regarding the cumulative regulatory
burden impacts on manufacturers of
consumer furnaces associated with (1)
other DOE 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 under the
DATES heading, comments and
information on matters addressed in this
notification and on other matters
relevant to DOE’s consideration of
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Federal Register / Vol. 87, No. 19 / Friday, January 28, 2022 / Proposed Rules
amended energy conservation standards
for the consumer furnaces covered by
this notification (specifically, WGFs,
NWOFs, WOFs, MHOFs, and electric
furnaces). After the close of the
comment period, DOE will review the
public comments received 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 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.
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Submitting comments via email.
Comments and documents submitted
via email 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. Faxes
will not be accepted.
Comments, data, and other
information submitted to DOE
electronically should be provided in
PDF (preferred), Microsoft Word or
Excel, 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 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).
DOE considers public participation to
be a very important part of the process
for developing test procedures and
energy conservation standards. DOE
actively encourages the participation
and interaction of the public during the
comment period in each stage of this
PO 00000
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process. Interactions with and between
members of the public provide a
balanced discussion of the issues and
assist DOE in the 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
ApplianceStandardsQuestions@
ee.doe.gov.
Signing Authority
This document of the Department of
Energy was signed on January 23, 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 January 25,
2022.
Treena V. Garrett,
Federal Register Liaison Officer, U.S.
Department of Energy.
[FR Doc. 2022–01765 Filed 1–27–22; 8:45 am]
BILLING CODE 6450–01–P
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 71
[Docket No. FAA–2022–0027; Airspace
Docket No. 21–ANM–70]
RIN 2120–AA66
Proposed Amendment of Domestic
VOR Federal Airway V–356; Mile High,
CO
Federal Aviation
Administration (FAA), DOT.
ACTION: Notice of proposed rulemaking
(NPRM).
AGENCY:
This action proposes to
amend Domestic VOR Federal Airway
V–356, by revoking the segment
between the FIDLE and ELORE
intersections due to the absence of a
supporting navigational aid signal.
SUMMARY:
E:\FR\FM\28JAP1.SGM
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]]>Agencies
[Federal Register Volume 87, Number 19 (Friday, January 28, 2022)]
[Proposed Rules]
[Pages 4513-4520]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-01765]
========================================================================
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.
========================================================================
Federal Register / Vol. 87, No. 19 / Friday, January 28, 2022 /
Proposed Rules
[[Page 4513]]
DEPARTMENT OF ENERGY
10 CFR Part 430
[EERE-2021-BT-STD-0031]
RIN 1904-AF19
Energy Conservation Program: Energy Conservation Standards for
Consumer Furnaces
AGENCY: Office of Energy Efficiency and Renewable Energy, Department of
Energy.
ACTION: Request for information.
-----------------------------------------------------------------------
SUMMARY: The U.S. Department of Energy (``DOE'') is initiating an
effort to determine whether to amend the current energy conservation
standards for certain classes of consumer furnaces. Under the Energy
Policy and Conservation Act, as amended, DOE must review these
standards at least once every six years and publish either a notice of
proposed rulemaking (``NOPR'') to propose new standards or a
notification of determination that the existing standards do not need
to be amended. This request for information (``RFI'') solicits
information from the public to help DOE determine whether amended
standards for non-weatherized oil-fired, mobile home oil-fired,
weatherized oil-fired, weatherized gas, and electric consumer furnaces
would result in significant energy savings and whether such standards
would be technologically feasible and economically justified. DOE also
welcomes written comments from the public on any subject within the
scope of this document (including those 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 February 28, 2022.
ADDRESSES: Interested persons are encouraged to submit comments using
the Federal eRulemaking Portal at www.regulations.gov. Follow the
instructions for submitting comments. Alternatively, interested persons
may submit comments, identified by docket number EERE-2021-BT-STD-0031,
by any of the following methods:
1. Federal eRulemaking Portal: www.regulations.gov. Follow the
instructions for submitting comments.
2. Email: To [email protected]. Include docket
number EERE-2021-BT-STD-0031 in the subject line of the message.
No telefacsimiles (``faxes'') will be accepted. For detailed
instructions on submitting comments and additional information on this
process, see section IV of this document.
Although DOE has routinely accepted public comment submissions
through a variety of mechanisms, including postal mail and hand
delivery/courier, the Department has found it necessary to make
temporary modifications to the comment submission process in light of
the ongoing coronavirus 2019 (``COVID-19'') pandemic. DOE is currently
suspending receipt of public comments via postal mail and hand
delivery/courier. If a commenter finds that this change poses an undue
hardship, please contact Appliance Standards Program staff at (202)
586-1445 to discuss the need for alternative arrangements. Once the
COVID-19 pandemic health emergency is resolved, DOE anticipates
resuming all of its regular options for public comment submission,
including postal mail and hand delivery/courier.
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, some
documents listed in the index, such as those containing information
that is exempt from public disclosure, may not be publicly available.
The docket web page can be found at: www.regulations.gov/docket/EERE-2021-BT-STD-0031. 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].
Ms. Amelia Whiting, U.S. Department of Energy, Office of the
General Counsel, GC-33, 1000 Independence Avenue SW, Washington, DC
20585-0121. Telephone: (202) 586-2588. 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
B. Rulemaking History
C. Deviation From Appendix A
II. Request for Information
A. Scope & Product Classes
B. Significant Savings of Energy
1. Energy Use Analysis
2. Shipments
C. Technological Feasibility
1. Technology Options
2. Screening Analysis
3. Engineering Efficiency Analysis
D. Economic Justification
1. Life-Cycle Cost and Payback Period Analysis
2. Manufacturer Impact Analysis
III. Submission of Comments
I. Introduction
A. Authority and Background
The Energy Policy and Conservation Act, as amended (``EPCA''),\1\
authorizes DOE to regulate the energy efficiency of a number of
consumer products and certain industrial equipment. (42 U.S.C. 6291-
6317) Title III, Part B \2\ of EPCA established the Energy Conservation
Program for Consumer Products Other Than Automobiles. These products
include consumer furnaces, the subject of this document. (42 U.S.C.
6292(a)(5)). EPCA prescribed energy conservation standards for these
products, and
[[Page 4514]]
directed DOE to conduct two cycles of rulemakings to determine whether
to amend these standards. (42 U.S.C. 6295(f)).
---------------------------------------------------------------------------
\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).
\2\ For editorial reasons, upon codification in the U.S. Code,
Part B was redesignated Part A.
---------------------------------------------------------------------------
Under EPCA, DOE's energy conservation program consists essentially
of four parts: (1) Testing, (2) labeling, (3) Federal energy
conservation standards, and (4) certification and enforcement
procedures. Relevant provisions of EPCA 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 instances for particular State laws or
regulations, in accordance with the procedures and other provisions set
forth under. (42 U.S.C. 6297(d)).
As previously noted, EPCA established energy conservation standards
for consumer furnaces, which are expressed in terms of minimum annual
fuel utilization efficiency (``AFUE''). (42 U.S.C. 6295(f)(1)-(2))
Pursuant to EPCA, DOE was required to conduct two rounds of rulemaking
to consider amended energy conservation standards for consumer
furnaces. (42 U.S.C. 6295(f)(4)(B) and (C)) In satisfaction of the
first round of rulemaking under 42 U.S.C. 6295(f)(4)(B), DOE published
a final rule on November 19, 2007 (``November 2007 final rule'') that
revised the initial standards for four classes of consumer furnaces
(i.e., non-weatherized gas furnaces (``NWGFs''), mobile home gas
furnaces (``MHGFs''), weatherized gas furnaces (``WGFs''), and non-
weatherized oil-fired furnaces (``NWOFs''), but left them in place for
two product classes (i.e., mobile home oil-fired furnaces (``MHOFs'')
and weatherized oil-fired furnaces (``WOFs'')). 72 FR 65136, 65137.
Compliance with the amended standards established in the November 2007
final rule was to be required beginning November 19, 2015. Id. at 72 FR
65136, 65169.
On June 27, 2011, DOE published a direct final rule (``DFR'')
(``June 2011 DFR'') revising the energy conservation standards for
consumer furnaces pursuant to the voluntary remand in State of New
York, et al. v. Department of Energy, et al. 76 FR 37408, 37415. In the
June 2011 DFR, DOE addressed the energy conservation standards for the
same six product classes addressed in the November 2007 final rule
(i.e., NWGFs, MHGFs, WGFs, NWOF, MHOFs, and WOFs) plus electric
furnaces. The June 2011 DFR amended the existing AFUE energy
conservation standards for NWGFs, MHGFs, and NWOFs, and amended the
compliance date (but left the existing standards in place) for WGFs.
The June 2011 DFR also established electrical standby mode and off mode
standards for NWGFs, MHGFs, NWOFs, MHOFs, and electric furnaces. DOE
confirmed the standards and compliance dates promulgated in the June
2011 DFR in a notice of effective date and compliance dates published
on October 31, 2011 (``October 2011 notice''). 76 FR 67037. After
publication of the October 2011 notice, the American Public Gas
Association sued DOE to invalidate the rule as it pertained to NWGFs.
Petition for Review, American Public Gas Association, et al. v.
Department of Energy, et al., No. 11-1485 (D.C. Cir. filed Dec. 23,
2011). On April 24, 2014, the Court granted a motion that approved a
settlement agreement that was reached between DOE, APGA, and the
various intervenors in the case, in which DOE agreed to a remand of the
non-weatherized gas furnace and mobile home gas furnace portions of the
June 2011 direct final rule in order to conduct further notice-and-
comment rulemaking. Accordingly, the Court's order vacated the June
2011 DFR in part (i.e., those portions relating to non-weatherized gas
furnaces and mobile home gas furnaces) and remanded to the agency for
further rulemaking. 86 FR 43120, 43124 (Aug. 6, 2021). As a result, the
standards established by the June 2011 DFR for NWGFs and MHGFs did not
go into effect. The court order left in place the standards for WGFs,
NWOFs, MHOFs, WOFs, and electric furnaces. Amended standards for NWGFs
and MHGFs are being addressed in a separate rulemaking. This RFI covers
WGFs, NWOFs, MHOFs, WOFs, and electric furnaces.
On January 15, 2021, in response to a petition for rulemaking
submitted by the American Public Gas Association, Spire, Inc., the
Natural Gas Supply Association, the American Gas Association, and the
National Propane Gas Association (83 FR 544883; Nov. 1, 2018) DOE
published a final interpretive rule determining that, in the context of
residential furnaces, commercial water heaters, and similarly situated
products/equipment, use of non-condensing technology (and associated
venting constitutes a performance-related ``feature'' under EPCA that
cannot be eliminated through adoption of an energy conservation
standard. 86 FR 4776 (``January 2021 Final Interpretive Rule'').
However, on December 29, 2021, DOE subsequently published a final
interpretive rule that returns to the previous and long-standing
interpretation (in effect prior to the January 15, 2021 final
interpretive rule), under which the technology used to supply heated
air or hot water is not a performance-related ``feature'' that provides
a distinct consumer utility under EPCA. 86 FR 73947 (``December 2021
Final Interpretive Rule'').
EPCA also requires that, not later than 6 years after the issuance
of any final rule establishing or amending a standard, DOE evaluate the
energy conservation standards for each type of covered product,
including those at issue here, and publish either a notification of
determination that the standards do not need to be amended, or a NOPR
that includes new proposed energy conservation standards (proceeding to
a final rule, as appropriate). (42 U.S.C. 6295(m)(1)) If DOE determines
not to amend a standard based on the statutory criteria, not later than
3 years after the issuance of a final determination not to amend
standards, DOE must publish either a notification of determination that
standards for the product do not need to be amended, or a NOPR
including new proposed energy conservation standards (proceeding to a
final rule, as appropriate). (42 U.S.C. 6295(m)(3)(B)) DOE must make
the analysis on which a determination is based publicly available and
provide an opportunity for written comment. (42 U.S.C. 6295(m)(2)).
In proposing new standards, DOE must evaluate that proposal against
the criteria of 42 U.S.C. 6295(o), as described in the following
section, and follow the rulemaking procedures set out in 42 U.S.C.
6295(p). (42 U.S.C. 6295(m)(1)(B)) If DOE decides to amend the standard
based on the statutory criteria, DOE must publish a final rule not
later than two years after energy conservation standards are proposed.
(42 U.S.C. 6295(m)(3)(A)).
DOE is publishing this RFI to collect data and information to
inform its decision consistent with its obligations under EPCA.
B. Rulemaking Process
DOE must follow specific statutory criteria for prescribing new or
amended standards for covered products. EPCA requires that any new or
amended
[[Page 4515]]
energy conservation standard prescribed by the Secretary of Energy
(``Secretary'') be designed to achieve the maximum improvement in
energy or water efficiency that is technologically feasible and
economically justified. (42 U.S.C. 6295(o)(2)(A)) The Secretary may not
prescribe an amended or new standard that will not result in
significant conservation of energy, or is not technologically feasible
or economically justified. (42 U.S.C. 6295(o)(3)).
To adopt any new or amended standards for a covered product, DOE
must determine that such action would result in significant energy
savings. (42 U.S.C. 6295(o)(3)(B)) 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.\3\ 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 GHG emissions in order to
limit the rise in mean global temperature. As such, energy savings that
reduce GHG emission 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 holistic picture of
the impacts of energy conservation standards. Accordingly, DOE
evaluates the significance of energy savings on a case-by-case basis.
---------------------------------------------------------------------------
\3\ See 86 FR 70892, 70901 (Dec. 13, 2021).
---------------------------------------------------------------------------
To determine whether a 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;
(2) The savings in operating costs throughout the estimated
average life of the product compared to any increases in the initial
cost, or maintenance expenses likely to result from the standard;
(3) The total projected amount of energy and water (if
applicable) 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 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
------------------------------------------------------------------------
EPCA requirement Corresponding DOE analysis
------------------------------------------------------------------------
Significant Energy Savings........... Shipments Analysis.
National Impact
Analysis.
Energy and Water Use
Determination.
Technological Feasibility............ Market and Technology
Assessment.
Screening Analysis.
Engineering Analysis.
Economic Justification:
1. Economic Impact on Manufacturer Impact
Manufacturers and Consumers. Analysis.
Life-Cycle Cost and
Payback Period Analysis.
Life-Cycle Cost Subgroup
Analysis.
Shipments Analysis.
2. Lifetime Operating Cost Markups for Product
Savings Compared to Increased Price Determination.
Cost for the Product.
Energy and Water Use
Determination.
Life-Cycle Cost and
Payback Period Analysis.
3. Total Projected Energy Savings Shipments Analysis.
National Impact
Analysis.
4. Impact on Utility or Screening Analysis.
Performance.
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.
Regulatory Impact
Analysis.
------------------------------------------------------------------------
[[Page 4516]]
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 will ultimately rely
to determine whether (and if so, how) to amend the standards for WGFs,
NWOFs, MHOFs, WOFs, and electric furnaces.
C. Deviation From Appendix A
In accordance with Section 3(a) of 10 CFR part 430, subpart C,
appendix A, DOE notes that it is deviating from that appendix's
provision 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
is opting to deviate from this step because DOE believes that 30 days
is a sufficient time to respond to this initial rulemaking document
because the market and available technologies have not changed
substantially from the previous rulemaking.
II. Request for Information
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 amended standards for WGFs, NWOFs,
MHOFs, WOFs, and electric furnaces may be warranted.
A. Scope & Product Classes
When evaluating and establishing energy conservation standards, DOE
divides covered products into product classes by the type of energy
used, or by capacity or other performance-related features that justify
differing standards. (42 U.S.C. 6295(q)) In making a determination
whether a performance-related feature justifies a different standard,
DOE must consider such factors as the utility of the feature to the
consumer and other factors DOE determines are appropriate. (Id.) As
discussed in Section I.A, DOE has recently published the December 2021
Final Interpretive Rule that returns to the previous and long-standing
interpretation (in effect prior to the January 15, 2021 final
interpretive rule), under which the technology used to supply heated
air or hot water is not a performance-related ``feature'' that provides
a distinct utility under EPCA. 86 FR 73947 (Dec. 29, 2021).
A ``furnace'' is ``a product which utilizes only single-phase
electric current, or single-phase electric current or DC current in
conjunction with natural gas, propane, or home heating oil, and which--
(1) Is designed to be the principal heating source for the
living space of a residence;
(2) Is not contained within the same cabinet with a central air
conditioner whose rated cooling capacity is above 65,000 British
thermal units (``Btu'') per hour;
(3) Is an electric central furnace, electric boiler, forced-air
central furnace, gravity central furnace, or low-pressure steam or
hot water boiler; and
(4) Has a heat input rate of less than 300,000 Btu per hour for
electric boilers and low-pressure steam or hot water boilers and
less than 225,000 Btu per hour for forced-air central furnaces,
gravity central furnaces, and electric central furnaces. 10 CFR
430.2. (See also 42 U.S.C. 6291(23)).\4\
---------------------------------------------------------------------------
\4\ In turn, a forced-air central furnace is defined as a gas or
oil burning furnace designed to supply heat through a system of
ducts with air as the heating medium. The heat generated by
combustion of gas or oil is transferred to the air within a casing
by conduction through heat exchange surfaces and is circulated
through the duct system by means of a fan or blower. 10 CFR 430.2. A
gravity central furnace is defined as a gas fueled furnace which
depends primarily on natural convection for circulation of heated
air and which is designed to be used in conjunction with a system of
ducts. 10 CFR 430.2. An electric central furnace is defined as a
furnace designed to supply heat through a system of ducts with air
as the heating medium, in which heat is generated by one or more
electric resistance heating elements and the heated air is
circulated by means of a fan or blower. 10 CFR 430.2.
DOE divides consumer furnaces into seven classes for the purpose of
setting energy conservation standards: (1) NWGFs, (2) MHGFs, (3) WGFs,
(4) NWOFs, (5) MHOFs, (6) WOFs, and (7) electric furnaces. 10 CFR
430.32(e)(ii). As discussed in section I.B of this document, NWGFs and
MHGFs were the subject of a lawsuit that resulted in an order to remand
the standards to DOE for further analysis. As a result, DOE has been
analyzing amended standards for those two consumer furnace classes as
part of a separate, ongoing rulemaking covering only those two classes
(see Docket No. EERE-BT-STD-2014-0031 \5\). Therefore, DOE is not
considering NWGFs and MHGFs as part of this review. The product classes
that DOE considered for this document are NWOFs, WGFs, MHOFs, WOFs, and
electric furnaces. The current standards for WGFs, NWOFs, MHOFs, WOFs,
and electric furnaces are shown in Table II-1.
---------------------------------------------------------------------------
\5\ The rulemaking docket is available online at:
www.regulations.gov/docket/EERE-2014-BT-STD-0031.
Table II-1--Energy Conservation Standards for Consumer Furnaces Covered
in This RFI
------------------------------------------------------------------------
PW,SB and PW,OFF
Product class AFUE (percent) (watts)
------------------------------------------------------------------------
Non-weatherized oil-fired 83 11
furnaces (not including mobile
home furnaces).................
Mobile Home oil-fired furnaces.. 75 11
Weatherized gas furnaces........ 81 N/A
Weatherized oil-fired furnaces.. 78 N/A
Electric furnaces............... 78 10
------------------------------------------------------------------------
Issue 1: DOE seeks comment on whether there are any products that
are covered by the definition of ``furnace'' and should be regulated by
DOE, but are not covered by any of the current classes of consumer
furnaces that are regulated by DOE.
Issue 2: DOE seeks information regarding any other new product
classes it should consider for inclusion in its analysis. DOE also
requests relevant 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
or decrease energy consumption).
B. Significant Savings of Energy
On June 27, 2011, DOE adopted amended energy conservations standard
for consumer furnaces, central air conditioners, and heat pumps that
are expected to result in an estimated 3.36 to 4.38 quadrillion Btu
(``quads'') of cumulative energy savings over a 30-year period for the
three products. 76 FR 37408, 37412 (June 27, 2011). Of this, 0.012
quads were from the efficiency standards adopted for NWOFs at 83
percent AFUE. Additionally, in the June 2011 DFR, DOE estimated that an
energy conservation standard established at the maximum technologically
feasible (``max-tech'') AFUE level, which was
[[Page 4517]]
determined to be 97 percent, would have resulted in 0.376 additional
quads of savings for NWOFs.\6\ Potential energy savings for MHOFs,
WOFs, and electric furnaces from amended AFUE standards were not
considered in the June 2011 DFR. (EERE-2011-BT-STD-0011-0012, Technical
Support Document: Chapter 10. National and Regional Impact Analyses at
pp. 10-96-10-97) For MHOFs and WOFs, DOE found that only a very small
number of these products are shipped, resulting in de minimis potential
for energy savings from amended AFUE standards. Because electric
furnace efficiency already approaches 100-percent AFUE, DOE concluded
that electric furnaces would also have de minimis energy savings
potential and did not consider amending the AFUE standards. 76 FR
37408, 37443, 37445.
---------------------------------------------------------------------------
\6\ This value was calculated by subtracting the energy savings
in quads for furnaces at the standard level adopted in the June 2011
DFR (i.e., 83 percent AFUE which corresponded to efficiency level 1
in that analysis) from the energy savings in quads associated with
max-tech level (i.e., 97 percent AFUE, which corresponded to
efficiency level 4).
---------------------------------------------------------------------------
While DOE's RFI is not limited to the following issues, DOE is
particularly interested in comment, information, and data on energy use
and shipments, as outlined in sections II.B.1 and II.B.2 of this
document, to inform whether potential amended energy conservation
standards would result in a significant savings of energy.
1. Energy Use Analysis
As part of the rulemaking process, DOE conducts an energy use
analysis to identify how products are used by consumers, and thereby
determine the energy savings potential of energy efficiency
improvements. The energy use analysis is meant to represent typical
energy consumption in the field.
Issue 3: DOE requests feedback on the levels of energy savings that
could be expected from the adoption of more-stringent standards for
consumer furnaces, specifically for those classes of consumer furnaces
covered by this notice (WGFs, NWOFs, MHOFs, WOFs, and electric
furnaces).
Issue 4: DOE requests data on the typical operating conditions for
WGFs, NWOFs, MHOFs, WOFs, and electric furnaces in high heating and
reduced heating modes.
Issue 5: DOE requests feedback and sources of data or
recommendations to support sizing criteria of WGFs, NWOFs, MHOFs, WOFs,
and electric furnaces for typical consumer space-heating applications.
2. Shipments
DOE develops shipments forecasts of consumer furnaces to calculate
the national impacts of potential amended energy conservation standards
on energy consumption, net present value (``NPV''), and future
manufacturer cash flows. DOE shipments projections are based on
available historical data broken out by product class and efficiency.
Current sales estimates allow for a more accurate model that captures
recent trends in the market.
Issue 6: DOE requests historical consumer furnace shipments data
for each product class covered by this notice (i.e., WGFs, NWOFs,
MHOFs, WOFs, and electric furnaces). DOE is interested in shipments
data, broken out by product class, efficiency level, and region. If
disaggregated shipments data are not available at the product class
level, DOE requests shipments data at any broader available category.
C. Technological Feasibility
1. Technology Options
In the development of the June 2011 DFR, DOE considered a number of
technology options that manufacturers could use to reduce energy
consumption in NWOFs, WGFs, MHOFs, WOFs, and electric furnaces.
However, as discussed in section II.B of this document, DOE did not
consider amended AFUE standards for MHOFs, WOFs, and electric furnaces
in the June 2011 DFR. Regarding NWOFs and WGFs, DOE considered 13
technology options that would be expected to impact the AFUE of
consumer furnaces: (1) Condensing secondary heat exchanger for non-
weatherized furnaces, (2) heat exchanger improvements for non-
weatherized furnaces, (3) condensing and near-condensing technologies
for WGFs, (4) two-stage or modulating combustion, (5) pulse combustion,
(6) low NOX premix burners, (7) burner derating, (8)
insulation improvements, (9) off-cycle dampers, (10) concentric
venting, (11) low-pressure, air-atomized oil burners, (12) high-static
oil burners, and (13) delayed-action oil pump solenoid valves. 76 FR
37408, 37449. DOE seeks comment on any changes to these technology
options that could affect whether DOE could propose a ``no-new-
standards'' determination, such as an insignificant increase in the
range of efficiencies and performance characteristics of these
technology options. DOE also seeks comment on whether there are any
other technology options that DOE should consider in its analysis.
Issue 7: DOE seeks information on the aforementioned technologies,
including their applicability to the current market and how these
technologies may impact the energy use of consumer furnaces as measured
according to the DOE test procedure. DOE also seeks information on how
these technologies may have changed since they were considered in the
June 2011 DFR analysis.
Additionally, the June 2011 DFR established separate standby mode
and off mode energy conservation standards for NWOFs and electric
furnaces. 76 FR 37408, 37433. WGFs and WOFs were not considered in the
analysis of standby mode and off mode energy consumption because DOE
did not find any weatherized furnaces that were not sold as part of a
single package air conditioner or ``dual fuel'' single package heat
pump systems, and determined that the existing test procedures for
central air conditioners and heat pumps account for standby mode power
consumption within the seasonal energy efficiency ratio (``SEER'')
rating. MHOFs were not considered in the analysis of standby mode and
off mode standards due to de minimis potential for energy savings. 76
FR 37408, 37433. For the standby/off mode metric, DOE considered three
technology options that would be expected to impact the standby/off
mode efficiency rating: (1) Switching mode power supplies, (2) toroidal
transformers, and (3) a relay that disconnects power to the blower's
brushless permanent magnet \7\ (``BPM'') motor while in standby mode.
76 FR 37408, 37450.
---------------------------------------------------------------------------
\7\ In the June 2011 DFR, DOE referred to these motors as
electronically commutated motors (``ECM''). BPM is a more
generalized term for the same type of motor.
---------------------------------------------------------------------------
Issue 8: DOE seeks information on the aforementioned technologies,
including their applicability to the current market and how these
technologies may impact the standby mode and/or off mode energy use of
NWOFs and electric furnaces as measured according to the DOE test
procedure. DOE also seeks information on how these technologies may
have changed since they were considered in the June 2011 DFR analysis.
Issue 9: DOE request information on whether other standby mode and
off mode technologies are available to reduce energy consumption of
consumer furnaces in standby mode and/or off mode.
2. Screening Analysis
The purpose of the screening analysis is to evaluate the
technologies that improve product efficiency to determine which
technologies will be eliminated
[[Page 4518]]
from further consideration and which will be passed to the engineering
analysis for further consideration. DOE determines whether to eliminate
certain technology options from further consideration based on the
following criteria: (1) Technological feasibility; (2) practicability
to manufacture, install, and service; (3) adverse impacts on product
utility or product availability; (4) adverse impacts on health or
safety; and (5) unique-pathway proprietary technologies. 10 CFR part
430, subpart C, appendix A, 7(b).
The technology options screened out in the June 2011 DFR for both
AFUE and standby/off mode power consumption are summarized in Table
II.2. 76 FR 37408, 37448-37450.
Table II.2--Previous Screening Analysis From the June 2011 DFR
--------------------------------------------------------------------------------------------------------------------------------------------------------
Reason for screening
------------------------------------------------------------------------------------
Adverse impacts
Technology option Technological Practicability on product Adverse impacts Unique pathway
feasibility to manufacture utility or on health and proprietary
availability safety technologies
--------------------------------------------------------------------------------------------------------------------------------------------------------
Condensing and near-condensing technologies for WGFs............... X
Pulse combustion................................................... X
Low NOX premix burners............................................. X
Burner derating.................................................... X
Advanced forms of insulation....................................... X
Low-pressure, air-atomized oil burners............................. X
Relay that disconnects power to the blower's BPM motor *........... X
--------------------------------------------------------------------------------------------------------------------------------------------------------
* This technology option applies to standby mode and off mode power consumption.
As displayed in Table II.2, a condensing secondary heat exchanger
was screened out for WGFs in the June 2011 DFR. As of the publication
of the June 2011 DFR, DOE was not aware of any WGFs that included a
condensing secondary heat exchanger. For WGFs, condensate disposal
presented challenges for using condensing technology. In particular,
condensate can freeze in cold climates, which could cause the unit to
malfunction. However, DOE has since identified one such model on the
market, which suggests that technical challenges associated with
condensate disposal in WGFs have been overcome. While DOE's RFI is not
limited to the following issues, DOE is particularly interested in
comment, information, and data on the following.
Issue 10: DOE requests feedback on what impact, if any, the
screening criteria described in this section would have on each of the
aforementioned technology options. Similarly, DOE seeks information
regarding how these same criteria would affect any other technology
options not already identified in this document with respect to their
potential use in consumer furnaces.
Issue 11: DOE requests data and information on WGFs that include a
condensing secondary heat exchanger. In particular, DOE requests
information on methods for condensate disposal and preventing
condensate freezing and any associated increase in installation or
maintenance costs. Additionally, DOE seeks comment on whether this
technology and associated condensing efficiency levels would be
appropriate for consideration as a national standard for WGFs.
3. Engineering Efficiency Analysis
The engineering analysis estimates the cost-efficiency relationship
of equipment at different levels of increased energy efficiency
(``efficiency levels''). This relationship serves as the basis for the
cost-benefit calculations for consumers, manufacturers, and the Nation.
The current energy conservation standard for each consumer furnace
product class is based on AFUE and determined according to appendix N
to subpart B of 10 CFR part 430. The current standards for consumer
furnaces are found at 10 CFR 430.32(e). As part of DOE's analysis, DOE
develops efficiency levels as potential energy conservation standards
to evaluate in the rulemaking analyses. Among these, DOE typically
establishes efficiency levels at the maximum-available and max-tech
efficiencies. The maximum-available efficiency level represents the
highest efficiency units currently available on the market. The max-
tech efficiency level represents the theoretical maximum possible
efficiency if all available design options are incorporated in a model.
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 the energy efficiency analysis in the June 2011 DFR, the max-
tech level for NWOFs was determined to incorporate a condensing
secondary heat exchanger at 97-percent AFUE. (EERE-2011-BT-STD-0011-
0012, Technical Support Document: Chapter 5. Engineering Analysis at p.
5-7). As discussed in section II.C.2 of this document, a condensing
secondary heat exchanger was screened out as a design option for WGFs,
so the max-tech level was determined to incorporate non-condensing
technology at a level of 81-percent AFUE. 76 FR 37408, 37439. As
discussed in section IV.A.1.a of this document, MHOFs, WOFs, and
electric furnaces were not analyzed for amended AFUE standards and
therefore no max-tech level was determined for those classes. For the
analysis of standby mode and off mode in the June 2011 DFR, which as
discussed in section III.E.1 of this document applied only to NWOFs and
electric furnaces, DOE determined the max-tech level to be 10 and 9
watts, respectively. 76 FR 37408, 37463.
Issue 12: DOE seeks input on whether the maximum-available AFUE
levels are appropriate and technologically feasible for consideration
as possible energy conservation standards for consumer furnaces for
each current product class. DOE seeks information on the design options
incorporated into these maximum-available models, and also on the order
in which manufacturers incorporate each design option when improving
efficiency from the baseline to the maximum-available efficiency level
(i.e., which design options would be included at intermediate
efficiency levels between the baseline and maximum-available).
Issue 13: DOE seeks feedback on the max-tech AFUE level for each
product class, and on the design options that
[[Page 4519]]
would be incorporated at the max-tech AFUE level. As part of this
request, DOE also seeks information as to whether there are limitations
on the use of certain combinations of design options. DOE is
particularly interested in any design options that may have become
available since the June 2011 DFR that would allow greater energy
savings relative to the max-tech efficiency levels assessed for each
product class in that rulemaking. Specifically, DOE requests comment
and data regarding whether max-tech AFUE levels and associated
technologies considered in the June 2011 DFR for NWOFs and WGFs are
still appropriate.
Issue 14: DOE seeks feedback on the max-tech standby mode and off
mode power consumption (i.e., the lowest power consumption possible)
for each product class, and on the design options that would be
incorporated at the max-tech level. As part of this request, DOE also
seeks information as to whether there are limitations on the use of
certain combinations of design options. DOE is particularly interested
in any design options that may have become available since the June
2011 DFR that would allow greater energy savings relative to the max-
tech levels assessed for each product class in that rulemaking. DOE
also seeks comment and data on whether the standby mode and off mode
power consumption levels considered in the June 2011 DFR for NWOFs and
electric furnaces are still appropriate.
D. Economic Justification
In determining whether a proposed energy conservation standard is
economically justified, DOE analyzes, among other things, the potential
economic impact on consumers, manufacturers, and the Nation. DOE seeks
comment on whether there are economic barriers to the adoption of more-
stringent energy conservation standards. DOE also seeks comment and
data on any aspects of its economic justification analysis from the
June 2011 DFR that may indicate whether a more-stringent energy
conservation standard would be economically justified or cost
effective.
While DOE's request for information is not limited to the following
issues, DOE is particularly interested in comment, information, and
data on the following.
1. Life-Cycle Cost and Payback Period Analysis
DOE conducts the life-cycle cost (``LCC'') and payback period
(``PBP'') analysis to evaluate the economic effects of potential energy
conservation standards for consumer furnaces on individual consumers.
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 over the life of the equipment, consisting of
purchase, installation, and operating costs (expenses for energy use,
maintenance, and repair). Inputs to the calculation of total installed
cost include the cost of the equipment--which includes the manufacturer
selling price, 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.
Issue 15: DOE requests feedback on the typical distribution
channels for consumer furnaces. DOE further seeks comment on whether
there is a significant retail distribution channel for consumer
furnaces.
Issue 16: DOE requests shipments data for consumer furnaces, broken
down by product class, that show current market shares by efficiency
level. DOE also seeks input on similar historic data.
Issue 17: DOE requests comment on the anticipated future market
share of higher-efficiency products as compared to less-efficient
products for each consumer furnace product class, in the absence of
amended efficiency standards.
2. Manufacturer Impact Analysis
The purpose of the manufacturer impact analysis (``MIA'') is to
estimate the financial impact of amended energy conservation standards
on manufacturers of consumer furnaces, and to evaluate the potential
impact of such standards on direct employment and manufacturing
capacity. As part of the MIA, DOE would analyze impacts of amended
energy conservation standards on subgroups of manufacturers of covered
equipment, including 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 North American Industry Classification System
(``NAICS'').\8\ Manufacturing of consumer furnaces is classified under
NAICS 333415, ``Air-conditioning and warm air heating equipment and
commercial and industrial refrigeration equipment manufacturing,'' and
the SBA sets a threshold of 1,250 employees or less for a domestic
entity to be considered as a small business. This employee threshold
includes all employees in a business' parent company and any other
subsidiaries.
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\8\ Available online at: www.sba.gov/document/support-table-size-standards.
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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. 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.
Issue 18: To the extent feasible, DOE seeks the names and contact
information of any domestic or foreign-based manufacturers in the
United States of the consumer furnaces that are the subject of this
notification.
Issue 19: DOE requests the names and contact information of small
business manufacturers, as defined by the SBA's size threshold that
distribute in the United States consumer furnaces that are the subject
of this notification. In addition, DOE requests comment on any other
manufacturer subgroups that could disproportionally be impacted by
amended energy conservation standards. DOE requests feedback on any
potential approaches that could be considered to address impacts on
manufacturers, including small businesses.
Issue 20: DOE requests information regarding the cumulative
regulatory burden impacts on manufacturers of consumer furnaces
associated with (1) other DOE 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
under the DATES heading, comments and information on matters addressed
in this notification and on other matters relevant to DOE's
consideration of
[[Page 4520]]
amended energy conservation standards for the consumer furnaces covered
by this notification (specifically, WGFs, NWOFs, WOFs, MHOFs, and
electric furnaces). After the close of the comment period, DOE will
review the public comments received 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 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. Comments and documents submitted via
email 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. Faxes will not be accepted.
Comments, data, and other information submitted to DOE
electronically should be provided in PDF (preferred), Microsoft Word or
Excel, 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 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).
DOE considers public participation to be a very important part of
the process for developing test procedures and 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 the 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 January 23,
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 January 25, 2022.
Treena V. Garrett,
Federal Register Liaison Officer, U.S. Department of Energy.
[FR Doc. 2022-01765 Filed 1-27-22; 8:45 am]
BILLING CODE 6450-01-P
