Energy Conservation Program: Energy Conservation Standards for Miscellaneous Gas Products, 68931-68942 [2022-24925]
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68931
Proposed Rules
Federal Register
Vol. 87, No. 221
Thursday, November 17, 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–2022–BT–STD–0017]
RIN 1904–AF41
Energy Conservation Program: Energy
Conservation Standards for
Miscellaneous Gas Products
Office of Energy Efficiency and
Renewable Energy, Department of
Energy.
ACTION: Notification of data availability
and request for comment.
AGENCY:
On June 14, 2022, the U.S.
Department of Energy (‘‘DOE’’)
published a request for information
(‘‘RFI’’) regarding energy conservation
standards for miscellaneous gas
products (‘‘MGPs’’). In that RFI, DOE
specifically sought stakeholder input
and data on a variety of topics
including, but not limited to, product
categories, energy use, shipments, and
technology options. Based on the
information that DOE collected in
response to stakeholder input, data that
has been identified and collected by
DOE, and data collected during
confidential manufacturer interviews,
DOE is publishing this notification of
data availability (‘‘NODA’’) to provide
stakeholders with additional
information and to provide an
additional opportunity for public input.
DOE requests comments, data, and
information on all aspects of the NODA.
DATES: Written comments and
information will be accepted on or
before December 19, 2022.
ADDRESSES: Interested persons are
encouraged to submit comments using
the Federal eRulemaking Portal at
www.regulations.gov under docket
number EERE–2022–BT–STD–0017.
Follow the instructions for submitting
comments. Alternatively, interested
persons may submit comments,
identified by docket number EERE–
2022–BT–STD–0017, by any of the
following methods:
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SUMMARY:
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Email: MscGasProds2022STD0017@
ee.doe.gov. Include the docket number
EERE–2022–BT–STD–0017 in the
subject line of the message.
Postal Mail: Appliance and
Equipment Standards Program, U.S.
Department of Energy, Building
Technologies Office, Mailstop EE–5B,
1000 Independence Avenue SW,
Washington, DC 20585–0121.
Telephone: (202) 287–1445. If possible,
please submit all items on a compact
disc (‘‘CD’’), in which case it is not
necessary to include printed copies.
Hand Delivery/Courier: Appliance
and Equipment Standards Program, U.S.
Department of Energy, Building
Technologies Office, 950 L’Enfant Plaza
SW, 6th Floor, Washington, DC 20024.
Telephone: (202) 287–1445. If possible,
please submit all items on a CD, in
which case it is not necessary to include
printed copies.
No telefacsimiles (‘‘faxes’’) will be
accepted. For detailed instructions on
submitting comments and additional
information on this process, see section
IV of this document.
Docket: The docket for this activity,
which includes Federal Register
notices, comments, and other
supporting documents/materials, is
available for review at
www.regulations.gov. All documents in
the docket are listed in the
www.regulations.gov index. However,
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–
2022–BT–STD–0017. The docket web
page contains instructions on how to
access all documents, including public
comments in the docket. See section IV
of this document 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, EE–5B, 1000
Independence Avenue SW, Washington,
DC 20585–0121. Telephone: 202–586–
0729. Email:
ApplianceStandardsQuestions@
ee.doe.gov.
Mr. Pete Cochran, U.S. Department of
Energy, Office of the General Counsel,
GC–33, 1000 Independence Avenue SW,
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Washington, DC 20585–0121.
Telephone: 202–586–9496. Email:
peter.cochran@hq.doe.gov.
For further information on how to
submit a comment, review other public
comments and the docket, or participate
in the public meeting, 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. Background
II. Deviation from Appendix A
III. Discussion
A. Scope
B. Analysis
1. Market and Technology Assessment
a. Market Assessment
b. Descriptions of Pilot and Ignition
Systems Identified on the Market
c. Technology Options
2. Screening Analysis
3. Engineering Analysis
a. Design Options
b. Teardown Analysis
4. Energy Use Analysis
5. Life-Cycle Cost and Payback Period
Analyses
6. National Impact Analysis
7. Manufacturer Impact Analysis
IV. Public Participation
A. Submission of Comments
B. Issues on Which DOE Seeks Comment
V. Approval of the Office of the Secretary
I. Background
The Energy Policy and Conservation
Act, Public Law 94–163, 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 of EPCA 2
established the Energy Conservation
Program for Consumer Products Other
Than Automobiles. EPCA also grants
DOE authority to establish coverage and
prescribe energy conservation standards
for additional consumer products. (See
42 U.S.C. 6295(l)(1))
On June 14, 2022, the U.S.
Department of Energy (‘‘DOE’’)
published a request for information
(‘‘RFI’’) regarding potential energy
conservation standards for
1 All references to EPCA in this document refer
to the statute as amended through the Energy Act
of 2020, Public Law 116–260 (Dec. 27, 2020), which
reflect the last statutory amendments that impact
Parts A and A–1 of EPCA.
2 For editorial reasons, upon codification in the
U.S. Code, Part B was redesignated Part A.
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miscellaneous gas products (‘‘MGPs’’).
In that RFI, DOE solicited information
from the public to help DOE determine
whether potential standards for
miscellaneous gas products would
result in significant energy savings and
whether such standards would be
technologically feasible and
economically justified. DOE noted that
such information would prove useful in
the event DOE moved forward with a
final coverage determination.
Subsequently, in a final determination
published on September 6, 2022
(‘‘September 2022 Final Coverage
Determination’’), DOE determined that
MGPs, which are comprised of
decorative hearths and outdoor heaters,
qualify as covered products under
EPCA. 87 FR 54330.
DOE is publishing this NODA to get
additional comment and input on the
extensive data that has been collected to
date and to help inform DOE as to
whether energy conservation standards
for MGPs would result in significant
conservation of energy and be
economically justified and
technologically feasible, consistent with
its obligations under EPCA.
II. Deviation From Appendix A
In accordance with section 3(a) of 10
CFR part 430, subpart C, appendix A
(‘‘appendix A’’), DOE notes that it is
deviating from the provision in
appendix A regarding the length of
comment periods for the pre-NOPR
stages for an energy conservation
standards rulemaking. Section 6(d)(2) of
appendix A specifies that the length of
the public comment period for preNOPR rulemaking documents will not
be less than 75 calendar days. For this
NODA, DOE has opted instead to
provide a 30-day comment period. In
the June 2022 RFI, DOE initiated a
review to determine whether potential
energy conservation standards would
satisfy the relevant requirements of
EPCA for miscellaneous gas products.
87 FR 35925. The June 2022 RFI
provided 30 days for submitting written
comment, data, and information. In light
of the previous 30-day comment period
associated with the June 2022 RFI, DOE
believes a 30-day comment period is
appropriate and would provide
interested parties a meaningful
opportunity to comment on the
clarifications, data, and accompanying
analyses presented in this NODA.
III. Discussion
This NODA presents various data that
DOE has collected to date, through the
June 2022 RFI, confidential
manufacturer interviews, and other
efforts. DOE intends to use this
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information to help determine whether
energy conservation standards for MGPs
would result in significant conservation
of energy and be economically justified
and technologically feasible.
A. Scope
In the September 2022 Final Coverage
Determination, DOE established
coverage for miscellaneous gas products
and codified definitions for
‘‘miscellaneous gas products’’,
‘‘decorative hearth product’’, and
‘‘outdoor heater’’ in 10 CFR 430.2. 87 FR
54330. Specifically, DOE defined
‘‘miscellaneous gas products’’ to mean
decorative hearth products and outdoor
heaters. Further, DOE provided
definitions for both decorative hearth
products and outdoor heaters. A
‘‘decorative hearth product’’ means a
gas fired appliance that—
(1) Simulates a solid-fueled fireplace
or presents a flame pattern;
(2) Includes products designed for
indoor use, outdoor use, or either indoor
or outdoor use;
(3) Is not for use with a thermostat;
(4) For products designed for indoor
use, is not designed to provide space
heating to the space in which it is
installed; and
(5) For products designed for outdoor
use, is not designed to provide heat
proximate to the unit.
And an ‘‘outdoor heater’’ means a gasfired appliance designed for use in
outdoor spaces only, and which is
designed to provide heat proximate to
the unit. 10 CFR 430.2.
In response to the June 2022 RFI,
several commenters expressed
confusion and/or concern related to the
scope of a potential MGP energy
conservation standard rulemaking.3
(The American Public Gas Association,
National Propane Gas Association, and
American Gas Association (‘‘Gas
Associations’’), No. 8 at p. 2; Hearth and
Home Technologies and the Outdoor
GreatRoom Company, No. 6 at p. 1;
Hearth, Patio, & Barbecue Association
(‘‘HPBA’’, No. 7 at pp. 3–4) For
example, the Gas Associations stated
that the June 2022 RFI did not provide
enough information to determine which
3 The comments received in response to the June
2022 RFI will be addressed in a subsequent
rulemaking stage. However, select comments are
referenced in this discussion in order to address
commenters’ confusion and concerns about the
scope of this rulemaking. A parenthetical reference
at the end of a comment quotation or paraphrase
provides the location of the item in the public
record. Specifically, the parenthetical references
provide a reference for information located in
Docket No. EERE–2022–BT–STD–0017, which is
maintained at www.regulations.gov. The references
are arranged as follows: (commenter name,
comment docket ID number, page of that
document).
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products would potentially be subject to
a future energy conservation standard
rulemaking.
DOE recognizes that a wide range of
products meeting the definitions of
decorative hearth product or outdoor
heater (collectively, miscellaneous gas
products) are available on the market,
including, for example, vented gas log
sets, gas fire pits, gas stoves, and gas
fireplace inserts. And, while MGPs
share similarities in form, function, and
operation, DOE also recognizes that the
different products that comprise MGPs
may have different design
characteristics, usage patterns,
installation environments, and may
offer differing utility for consumers.
These factors can significantly influence
an analysis of whether potential energy
conservation standards would result in
significant energy savings and would be
technologically feasible and
economically justified. In order to both
provide more certainty for stakeholders
regarding which MGPs would
potentially be subject to energy
conservation standards and ensure that
DOE’s analysis reflects the differences
between certain types of MGPs, DOE has
tentatively identified four distinct
groups of MGPs for the purpose of
conducting its energy conservation
standard rulemaking analysis. The
products within each representative
group tend to have similar (or in some
cases identical) ignition systems and are
often certified to the same industry
safety standards. The four groups of
representative products are:
• Indoor vented gas log sets;
• Other indoor vented decorative
hearth products (includes all other
decorative hearth products that are not
gas logs, including gas fireplaces, gas
stoves, and gas fireplace inserts);
• Outdoor decorative hearth products
(which includes outdoor decorative
fireplaces, fire pits, fire bowls, fire
columns, and fire tables); and,
• Outdoor patio heaters (which
includes pyramid-style patio torch
heaters, radiant patio torch heaters, and
infrared heaters).
The first three representative product
groups fall under the definition of
‘‘decorative hearth product’’ while the
final group meets the definition of an
‘‘outdoor heater.’’ Performing separate
analyses on each representative product
group will enable DOE to better account
for the differences among the products
that comprise MGPs.
In addition to the general comments
about the scope of potential energy
conservation standards discussed in the
prior paragraphs, commenters also had
comments and questions about specific
MGPs. For instance, some commenters
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requested additional clarity regarding
the distinction between outdoor heaters
and hearth heaters, especially in cases
where a heater has a dual indoor and
outdoor certification. (The AirConditioning, Heating, and Refrigeration
Institute, No. 9 at p. 1; Madison Indoor
Air Quality, No. 5 at pp. 1–2). In
response, DOE notes that the definition
for an outdoor heater requires that the
appliance be ‘‘designed for use in
outdoor spaces only’’, and therefore a
product that is certified for use both
indoors and outdoors would not meet
the definition of an outdoor heater. DOE
also notes that hearth heaters, which are
similar to decorative hearth products
except that they are designed to provide
heat to the indoor space in which they
are used,4 are not included within the
scope of this NODA. Hearth heaters are
addressed as part of a separate
rulemaking process.5
Commenters also sought clarification
on whether gas lights would meet the
definition of decorative hearth products
because they present a flame pattern, are
designed for outdoor use (at least), are
not designed to be operated with a
thermostat, and are not designed to
provide heat proximate to the unit.
(Hearth, Patio, & Barbecue Association,
No. 7 at pp. 3–4) However, DOE has
tentatively excluded gas lights from the
current analysis due to a lack of
information pertaining specifically to
these products. Absent sufficient data,
DOE has tentatively concluded not to
analyze standards for these products at
this time. Commenters also stated that if
products with propane tanks include a
continuous pilot, the pilot would not be
left on because doing so would drain the
fuel tank. (Hearth and Home
Technologies and the Outdoor
GreatRoom Company, No. 6 at p. 10)
DOE agrees that continuous pilot lights
are unlikely to be left on for products
with propane tanks. DOE has tentatively
concluded that portable propane
products should not be included in this
analysis because there would be
minimal energy savings associated with
removing standing pilots from these
products.
Issue 1: DOE requests comment
regarding these four representative
product groups.
Issue 2: DOE requests comment on its
tentative decision to exclude gas lights
and portable propane products from the
current analysis. DOE also requests
comment on an appropriate definition
for gas lights in order to distinguish
87 FR 36249, 36253.
Docket No. EERE–2022–BT–STD–0018,
available at: www.regulations.gov/docket/eere-2022bt-std-0018.
them from other miscellaneous gas
products, as well as data specific to gas
lights. DOE also requests comment on
whether any other products should be
excluded from the current rulemaking.
B. Analysis
1. Market and Technology Assessment
DOE generally develops information
in a market and technology assessment
that provides an overall picture of the
market for the products concerned,
including general characteristics of the
products, the industry structure,
manufacturers, market characteristics,
and technologies used in the products.
This activity includes both quantitative
and qualitative assessments, based
primarily on publicly available
information. The subjects addressed in
the market and technology assessment
include: (1) a determination of the scope
of the rulemaking and product classes,
(2) manufacturers and industry
structure, (3) existing efficiency
programs, (4) shipments information, (5)
market and industry trends, and (6)
technologies or design options that
could improve the energy efficiency of
the product. In this NODA, DOE
presents initial findings from its review
of the market and technologies for
MGPs, as well as findings related to the
design options that could improve the
energy efficiency or reduce the energy
consumption of MGPs.
a. Market Assessment
As an initial step in analyzing the
market for MGPs, DOE reviewed the
market to identify the MGPs currently
available and constructed a database of
these products that includes
information on their characteristics,
such as whether the main burner is lit
by a pilot ignition system or the main
burner is lit directly without a pilot,
ignition methods of the pilot (if
applicable) or main burner (e.g.,
electronic ignition, piezo ignition, etc.),
pilot light control system (if applicable)
(e.g., continuous pilot, intermittent
pilot, or pilot on demand), the main
burner input rate, and other
characteristics. Additional details about
DOE’s definitions of these features are
discussed in section III.C.1.b. of this
document. As a starting point in
constructing a database for the current
analysis, DOE reviewed the list of
manufacturers identified in the
technical support document (‘‘TSD’’) for
a NOPR for hearth products published
on February 9, 2015 (‘‘February 2015
NOPR’’).6 (See Docket EERE–2014–BT–
4 See
5 See
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6 On December 31, 2013, DOE published a notice
of proposed determination of coverage (‘‘NOPD’’)
for hearth products in the Federal Register. 78 FR
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68933
STD–0036.) Although the scope of the
February 2015 NOPR differed from the
scope of MGPs, as defined in 10 CFR
430.2, DOE notes that many of the
manufacturers identified for that
analysis also manufacture MGPs. DOE
collected information on MGPs
available from many of these
manufacturers from brochures,
specification sheets, installation
manuals, and other manufacturer
literature available on manufacturer
websites. DOE also reviewed the Natural
Resources Canada (‘‘NRCan’’) database
for gas fireplaces to identify additional
manufacturers and models of MGPs.7
Before adding any products from
NRCan’s database, DOE first ensured
these products are available for sale in
the United States. DOE supplemented
data from NRCan’s database with data
gathered directly from manufacturer
websites. Lastly, DOE reviewed retailer
websites and conducted internet
searches for MGPs to identify any
additional manufacturers that were not
identified in either the February 2015
NOPR or in NRCan’s database and
gathered information on their models.
DOE notes that the scope of the
February 2015 NOPR was different than
the scope of this NODA,8 and similarly,
the definitions and scope of this NODA
are not the same as the models listed in
the NRCan database, which includes
fireplace heaters. Therefore, DOE
assessed each model individually and
only included models in its database
that meet the definition of MGPs. DOE’s
product database for MGPs currently
includes information on over 3,500
models and 64 brands, but DOE is
continuing to research additional
manufacturers and models. To provide
further context for the MGP market, the
following paragraphs discuss the
relevant domestic and international
manufacturers of MGPs that DOE has
currently identified.
The 64 brands of MGPs that DOE
identified from its current database were
found to be associated with 36
manufacturers. Many of these
79638 (‘‘December 2013 NOPD’’). In the December
2013 NOPD, DOE proposed to define ‘‘hearth
product’’ as a gas-fired appliance that simulates a
solid-fueled fireplace or presents a flame pattern
(for aesthetics or other purpose) and that may
provide space heating directly to the space in which
it is installed. However, DOE later withdrew the
December 2013 NOPD in the bi-annual publication
of the Regulatory Agenda and the February 2015
NOPR was never finalized. 82 FR 40270, 40274.
7 NRCan’s database of gas fireplaces is available
here: oee.nrcan.gc.ca/pml-lmp/
index.cfm?action=app.searchrecherche&appliance=FIREPLACE_G. (Last
accessed October 5, 2022.)
8 The scope of the February 2015 NOPR included
‘‘hearth heaters’’ which are not included within the
scope of MGPs.
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manufacturers import or privately label
MGPs. From this list of manufacturers,
DOE has so far identified 19 original
equipment manufacturers (‘‘OEMs’’)
with domestic manufacturing facilities
for MGPs sold in the United States. Of
those 19 OEMs with domestic
manufacturing, 12 offer indoor vented
gas log sets; 6 offer other indoor vented
decorative hearths; 3 offer outdoor patio
heaters; and 16 offer outdoor decorative
hearths. DOE understands that many
companies are OEM for key products
but also source portions of their product
offerings. Publicly available information
was insufficient to consistently discern
which specific product lines at a
company are made versus private
labeled.
Based on the DOE-compiled product
database, DOE identified the
manufacturers in Table III.1. DOE
identifies OEMs with domestic
manufacturing facilities with an
asterisk.
TABLE III.1—MANUFACTURERS BY PRODUCT GROUP
Manufacturer
Indoor
vented gas
log sets
Other
indoor
vented
decorative
hearth
products
Outdoor
patio
heaters
Outdoor
decorative
hearth
products
Aei, Corporation ...............................................................................................................
American Gas Log, LLC * ................................................................................................
Arizona Fasteners Corporation * ......................................................................................
AZ Patio Heaters, LLC ....................................................................................................
Cal Spas Inc ....................................................................................................................
Crown Verity ....................................................................................................................
Empire Comfort Systems, Inc * ........................................................................................
Enerco Group, Inc ...........................................................................................................
Ferrellgas Partners, L.P ...................................................................................................
Gas-Fired Products, Inc * .................................................................................................
Golden Blount * ................................................................................................................
Hargrove Manufacturing Co * ..........................................................................................
Hearth Products Controls Co * ........................................................................................
Heatmaster, LLC * ............................................................................................................
HNI Corporation * .............................................................................................................
Infrared Dynamics, Inc .....................................................................................................
IR Energy .........................................................................................................................
Island Industrial Services * ...............................................................................................
Ksp Group, Inc * ...............................................................................................................
Lava Heat Italia ................................................................................................................
Lennox * ...........................................................................................................................
Lume Fire, LLC ................................................................................................................
Mr. Bar-B-Q Products LLC ..............................................................................................
Napoleon Systems & Developments Ltd .........................................................................
Novacap Industries ..........................................................................................................
Procom Heating, Inc * ......................................................................................................
R.H. Peterson Co * ..........................................................................................................
Rasmussen Iron Works, Inc * ..........................................................................................
R-Co Inc * .........................................................................................................................
So´las * ..............................................................................................................................
Spark Modern Fires, LLC ................................................................................................
The Home Depot Inc .......................................................................................................
The Outdoor Greatroom Company LLP * ........................................................................
Travis Industries, Inc * .....................................................................................................
Wayfair Inc .......................................................................................................................
Well Traveled Imports, Inc ...............................................................................................
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* OEMs with domestic manufacturing.
Issue 3: DOE requests comment on the
OEMs identified for each representative
group: indoor vented gas log sets; other
indoor vented decorative hearths;
outdoor patio heaters; and outdoor
decorative hearths. Additionally, DOE
requests data on the number of OEMs
with domestic production facilities for
each group. DOE also requests comment
on names of OEMs of MGPs that DOE
did not identify in Table III.1.
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b. Description of Pilot and Ignition
Systems Identified on the Market
DOE has identified several ignition
system and pilot light technologies
available on the market, which DOE has
tentatively defined in order to provide
a common understanding of these
technologies between stakeholders and
DOE for the purposes of this analysis.
DOE is aware of the following types
of main burner ignition systems:
• Pilot ignition, in which the main
burner is ignited by a pilot light; and
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• Direct Main Burner Ignition, in
which the main burner is ignited
directly (i.e. the absence of a pilot light).
Additionally, DOE is aware of the
following ignition methods that can be
utilized with either pilot ignition or
direct main burner ignition:
• Electronic Ignition, in which an
electronic spark automatically lights the
pilot or main burner and which uses
line power connection and/or battery
power;
• Push-button Battery Ignition, in
which a spark is manually generated by
pushing a button to light the pilot or
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main burner and which uses energy
from a battery to create the spark;
• Manually-lit Ignition, in which the
pilot or main burner is manually lit
using a match or lighter;
• Piezo Ignition, in which a piezo
material creates a spark to ignite the
pilot or main burner without the need
for a battery or connection to line
power; and,
• Hot Surface Ignition, in which a
material that is heated through
electricity is used to ignite the pilot or
main burner.
Issue 4: DOE seeks comment
regarding whether there are any ignition
methods that are not captured in this
section, or if any of the listed methods
are not applicable to MGPs. DOE also
seeks comment on whether the above
descriptions for each ignition method
accurately reflect the industry’s
understanding.
Additionally, DOE has observed the
following types of pilot lights:
• Continuous pilot (or ‘‘standing
pilot’’), in which the pilot is capable of
burning indefinitely until manually
turned off;
• Intermittent or interrupted pilot, in
which the pilot is automatically lit
when it is needed to light the main
burner, and it turns off automatically
once the main burner turns off again or
once the main burner is lit; and,
• Pilot on-demand, in which the pilot
is automatically lit and burns
continuously as long as the main burner
is operated within a preprogrammed
period of time (e.g., 7 days) and the pilot
is automatically shut off if the main
burner is not operated within the preset
time period.
Finally, DOE has found that some
products are capable of using more than
one of the ignition method or pilot light
types described above. For example,
DOE has observed products that provide
an option to switch between
intermittent pilot ignition, continuous
pilot ignition, and/or on-demand pilot
ignition. However, DOE notes that an
MGP with an ignition system that
features an option to select a continuous
pilot mode, regardless of whether it can
also operate in intermittent pilot and/or
pilot on demand modes, meets DOE’s
definition of a continuous pilot system
since it is capable of operating
continuously until the pilot is manually
extinguished. Further, such product
would not meet the definition of an
intermittent pilot or pilot on demand
because the pilot will not necessarily
turn off automatically when operating in
continuous pilot mode.
Issue 5: DOE seeks comment
regarding whether there are any pilot
light technologies that are not captured
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in this section, or if any of the listed
technologies are not applicable to
MGPs. DOE also requests comment
about any subsets of MGPs in which it
would not be feasible to implement the
aforementioned technologies. DOE also
seeks comment on whether the above
descriptions for each pilot light
technology accurately reflect the
industry’s understanding. Finally, DOE
seeks comment on the potential
combinations of ignition systems and
pilot lights that are available on the
market, and on the prevalence of these
combinations in each product group.
c. Technology Options
In its initial review of the market and
technology, DOE has identified seven
technology options that would be
expected to improve the efficiency or
reduce the energy consumption of
MGPs, which include the following:
• Optimized air-to-fuel ratio. The
mixture of air and fuel for combustion
determines key flame aspects for many
MGPs, in particular the flame color,
height, and heat output. In order to
achieve flame characteristics that mimic
wood-burning flames, gas-fired MGPs
utilize a ‘‘rich’’ mixture, that is, the ratio
of air to fuel is low. For many natural
gas products, primary air is in fact not
pre-mixed, and what is burned is nearly
100 percent natural gas. This results in
a tall yellow flame. For propane
products, air is pre-mixed with fuel
prior to combustion.
• Optimized burner port design. Gas
burners for many MGPs comprise tubes
with holes or slots through which the
gas exits and combusts. The holes or
slots are designed with particular sizes
and patterns in order to achieve the
desired flame pattern or aesthetic. While
the primary objective of optimizing gas
burner ports is to achieve the desired
flame pattern, the ports could also be
optimized to deliver an acceptable flame
aesthetic while reducing the amount of
fuel consumed.
• Improved simulated log design.
Many MGPs incorporate cement, fiber,
or ceramic logs that are designed to
simulate the look of wood logs. The log
shapes are optimized in conjunction
with the burner design. The
combination of the burner design and
log shape, size, and placement results in
the overall aesthetic for the product.
Additionally, logs must be designed in
conjunction with the burner to ensure
that flames do not impinge on the logs
themselves, as this causes the flame to
cool and form soot. The log shape, size,
placement, and material may be
optimized to potentially impact the
energy efficiency and/or energy use of
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68935
products that include these design
elements.
• Improved pan burner media/bead
type. Many MGPs include an ember
material that glows and radiates when
heated. In pan type burners, sand is
used to cover the burner and results in
a flame pattern. In some products, glass
beads may be used in place of simulated
logs for effect. These media could
potentially be selected to produce a
satisfactory flame pattern while
reducing the required gas consumption.
• Reflective walls and/or other
components inside combustion zone.
For MGPs that include a firebox or other
enclosure, the interior walls could
potentially be painted with a reflective
coating. This could potentially give the
illusion of more or taller flames, thereby
reducing the fuel required to achieve a
satisfactory aesthetic. This technology
would only apply to the subset of
products that include an enclosure
surrounding the flame.
• Intermittent pilot. Intermittent pilot
ignition systems are described in section
III.C.1.b of this document and reduce
the amount of fuel burned by the pilot
when the main burner is not in use.
• Pilot on-demand. Pilot on-demand
ignition systems are described in section
III.C.1.b of this document and reduce
the amount of fuel burned by the pilot
when the main burner is not in use.
Issue 6: DOE requests comment
regarding whether these technology
options would impact the energy
efficiency and/or energy use of MGPs. In
addition, DOE requests comment on
whether any other technologies are
available to reduce the energy
consumption of MGPs.
2. Screening Analysis
DOE uses the following five screening
criteria to determine which technology
options are suitable for further
consideration in an energy conservation
standards rulemaking:
(1) Technological feasibility.
Technologies that are not incorporated
in commercial products or in
commercially viable, existing prototypes
will not be considered further.
(2) Practicability to manufacture,
install, and service. If it is determined
that mass production of a technology in
commercial products and reliable
installation and servicing of the
technology could not be achieved on the
scale necessary to serve the relevant
market at the time of the projected
compliance date of the standard, then
that technology will not be considered
further.
(3) Impacts on product utility. If a
technology is determined to have a
significant adverse impact on the utility
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of the product to subgroups of
consumers, or result in the
unavailability of any covered product
type with performance characteristics
(including reliability), features, sizes,
capacities, and volumes that are
substantially the same as products
generally available in the United States
at the time, it will not be considered
further.
(4) Safety of technologies. If it is
determined that a technology would
have significant adverse impacts on
health or safety, it will not be
considered further.
(5) Unique-pathway proprietary
technologies. If a technology has
proprietary protection and represents a
unique pathway to achieving a given
efficiency level, it will not be
considered further, due to the potential
for monopolistic concerns.
10 CFR part 430, subpart C, appendix
A, sections 6(b)(3) and 7(b).
If DOE determines that a technology,
or a combination of technologies, fails to
meet one or more of the listed five
criteria, it will be excluded from further
consideration in the engineering
analysis.
DOE tentatively expects to screen out
optimized air-to-fuel ratio, optimized
burner report design, improved
simulated log design, improved pan
burner media/bead type, and reflective
walls and/or other components inside
combustion zone because of the
potential negative impact on the
aesthetics, and therefore utility, of
MGPs. In contrast, DOE has tentatively
determined not to screen out
intermittent pilot ignition or pilot ondemand ignition.
Issue 7: DOE seeks comment
regarding its tentative conclusion that
only intermittent pilot ignition and ondemand ignition pass the screening
criteria. DOE also requests comment on
whether any other technology options
should pass the screening analysis.
3. Engineering Analysis
The purpose of the engineering
analysis is to establish the relationship
between the efficiency and cost of
MGPs. There are two elements to
consider in the engineering analysis; the
selection of efficiency levels to analyze
(i.e., the ‘‘efficiency analysis’’) and the
determination of product cost at each
efficiency level (i.e., the ‘‘cost
analysis’’). In determining the
performance of higher-efficiency
products, DOE considers technologies
and design option combinations not
eliminated by the screening analysis.
For each product class (or in this case,
each representative product group),
DOE estimates the manufacturer
production cost (‘‘MPC’’) for the
baseline as well as higher efficiency
levels. The output of the engineering
analysis is a set of cost-efficiency
‘‘curves’’ that are used in downstream
analyses (i.e., the life-cycle cost (‘‘LCC’’)
and payback period (‘‘PBP’’) analyses
and the national impact analysis
(‘‘NIA’’)). In this NODA, DOE presents
initial inputs and outputs for the
engineering analysis and solicits
relevant data and information.
a. Design Options
As discussed in the June 2022 RFI,
DOE is considering whether a
prescriptive design requirement would
be appropriate for MGPs. 87 FR 35925,
35929. As noted in section III.C.2 of this
document, DOE has tentatively found
that only intermittent pilot ignition and
pilot on-demand ignition would pass
the screening criteria. For this NODA,
DOE tentatively focused its initial
engineering analysis on the impacts of
a prescriptive design requirement that
would prohibit the use of a continuous
pilot or pilot on-demand, as opposed to
a performance-based design standard
and associated test procedure, because
an intermittent pilot ignition can reduce
energy consumption of MGPs as
compared to continuous pilot and pilot
on-demand ignition systems.
Additionally, as discussed in section
III.B of this document, for this analysis,
DOE has tentatively divided MGPs into
four representative groups for analysis.
For each of these groups, DOE identified
a baseline design that represents the
most energy-consumptive designs
typical of that group. Specifically, for
each MGP product group, DOE has
tentatively identified a standing pilot
ignition system as a baseline design
characteristic. DOE has received
feedback from stakeholders that outdoor
propane heaters which are not
permanently installed should not be
included in its analysis because the
pilot on those units are not intended to
stay lit when the product is not in use.
In its market research, DOE did identify
propane-burning products which
provided instruction to extinguish the
pilot when the unit is not in use.
However, DOE notes that the tentative
description of standing pilots which
DOE is considering for this rulemaking
(as discussed in section III.C.1.b)
considers a standing pilot to be a pilot
which is capable of burning indefinitely
until manually turned off. DOE notes
that pilot systems for outdoor propane
heaters which provide additional
instructions to extinguish the pilot light
do not match the description of an
intermittent pilot because the pilot is
not necessarily extinguished
automatically when the main burner is
shut off. Therefore, DOE has tentatively
included outdoor propane heaters in the
analysis because they often include
ignition systems that meet the
description of standing pilots.
Additionally, for each of the four
product groups, DOE conducted market
research to evaluate what design options
are often incorporated in conjunction
with standing pilot ignition that
provides basic functionality. Any
components that are necessary for the
product to ignite the main burner and
provide the necessary functionality are
included, while components that
provide remote on/off functionality,
variable flame height, etc. are not
included. These design options are
outlined in Table III.2.
TABLE III.2—BASELINE DESIGN CHARACTERISTICS OF EACH PRODUCT GROUP
lotter on DSK11XQN23PROD with PROPOSALS1
Product group
Typical design characteristics for products including standing pilot
Indoor vented gas log sets .............
Other indoor vented decorative
hearth products.
Outdoor patio heaters .....................
Outdoor decorative hearths ............
Standing pilot with manually-lit pilot, on/off switch, and millivolt gas valve.
Standing pilot with piezo ignition for pilot, on/off switch, and millivolt gas valve.
Standing pilot with manually-lit pilot and on/off switch.
Standing pilot with piezo pilot igniter and on/off switch.
Issue 8: DOE requests comment
regarding the baseline design
characteristics identified for each
product group. DOE also requests
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comment regarding whether additional
clarity is needed regarding the baseline
design characteristics and the
components in each design.
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DOE then identified an alternative
design for each product group that
could reduce the energy consumption of
a standing pilot light. As discussed,
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DOE tentatively focused its initial
engineering analysis for this NODA on
the impacts of a prescriptive design
requirement that would prohibit the use
of a continuous pilot or pilot ondemand ignition systems. Therefore,
direct main burner ignition designs and
other designs that do not include pilots
would not be affected by this
rulemaking. The design options
typically found in products that include
intermittent pilot ignition and that offer
68937
similar consumer utility as comparable
products with constant pilot ignition
systems are listed in Table III.3 for each
of the four aforementioned product
groups.
TABLE III.3—DESIGN CHARACTERISTICS ASSOCIATED WITH PRODUCTS THAT DO NOT USE CONTINUOUS PILOT OR PILOT
ON-DEMAND
Product group
Alternate design characteristics for products without standing pilot
Indoor vented gas log sets .............
Other indoor vented decorative
hearth products.
Outdoor patio heaters .....................
Outdoor decorative hearths ............
Intermittent pilot with electronic ignition, on/off switch, and battery backup.
Intermittent pilot with electronic ignition, on/off switch, and battery backup.
Intermittent pilot with electronic ignition and on/off switch.
Intermittent pilot with electronic ignition and on/off switch.
Issue 9: DOE requests comment
regarding the alternate design
characteristics identified for each
product group.
lotter on DSK11XQN23PROD with PROPOSALS1
b. Teardown Analysis
For the current analysis, DOE plans to
use physical teardowns to estimate the
cost to replace a continuous pilot with
an intermittent pilot. A physical
teardown is an approach wherein DOE
physically dismantles a commercially
available product, component-bycomponent, to develop a detailed bill of
materials (‘‘BOM’’) for the product. The
BOMs incorporate all materials,
components, and fasteners (classified as
either raw materials or purchased parts
and assemblies, and characterize the
materials and components by weight,
manufacturing processes used,
dimensions, material, and quantity.
DOE uses the BOMs from the
teardowns as inputs to calculate the
MPC for the representative product for
each product type and for each ignition
type discussed in section. The materials
and components in the BOMs are
converted into dollar values using a
computer cost model. DOE collects
information on labor rates, tooling costs,
raw material prices, and other factors as
inputs into the cost estimates.
For this NODA, DOE has developed
draft MPCs using teardowns of models
from each of the for representative
product groups. To compare only the
cost difference between standing pilot
and intermittent pilot models in each
product group, DOE assessed the
9 For more information on MEPS Intl, please visit:
www.meps.co.uk/ (Last accessed Sept. 23, 2022).
10 For more information on PolymerUpdate,
please visit: www.polymerupdate.com (Last
accessed Sept. 23, 2022).
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differences in major components
including the gas valve, the pilot
assembly (pilot, sparker, flame sensor,
ignitor, thermocouple, etc.), the power
supply, and the battery pack, as
applicable. DOE did not include costs
for additional features such as remote
controls and accompanying remote
receivers. Remote control functionality
may be found more commonly on
intermittent pilot ignition systems than
on continuous pilot ignition systems,
but are not necessary for either type of
ignition system, and therefore DOE did
not account for costs associated with
such features.
For purchased parts, DOE estimates
the purchase price based on volumevariable price quotations and detailed
discussions with manufacturers and
component suppliers. For parts
fabricated in-house, the prices of the
underlying ‘‘raw’’ metals (e.g., tube,
sheet metal) are estimated on the basis
of 5-year averages to smooth out spikes
in demand. Other ‘‘raw’’ materials, such
as plastic resins, insulation materials,
etc., are estimated on a current-market
basis. The costs of raw materials are
based on manufacturer interviews,
quotes from suppliers, and secondary
research. Past results are updated
periodically and/or inflated to presentday prices using indices from resources
such as MEPS Intl.,9 PolymerUpdate,10
the U.S. geologic survey (‘‘USGS’’),11
and the Bureau of Labor Statistics
(‘‘BLS’’).12 The cost of transforming the
intermediate materials into finished
11 For more information on the USGS metal price
statistics, please visit www.usgs.gov/centers/nmic/
commodity-statistics-and-information (Last
accessed Sept. 23, 2022).
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parts is estimated based on current
industry pricing.
The MPC is, in part, a function of the
annual production volume since the
production volume typically impacts
the price the manufacture pays for
sourced components. The production
volumes used in this analysis are
intended to reflect an average
manufacturer in each product group and
are shown in Table III.4.
TABLE III.4—ESTIMATED PRODUCT
VOLUMES FOR MGPS
Product group
Indoor vented gas log sets ...
Other indoor vented decorative hearth products ..........
Outdoor patio heaters ...........
Outdoor decorative hearths ..
Annual
production
volume
8,750
17,500
8,750
8,750
The results of the engineering analysis
performed for this NODA are shown in
Table III.5. The MPCs of the ‘‘baseline
design’’ reflect the cost to manufacture
a basic design of a product that utilizes
a continuous pilot in each category,
while the MPC for the ‘‘alternate
ignition system’’ reflects the MPC to
manufacture an identical product that
utilizes an intermittent pilot ignition
system rather than a continuous pilot
system. The MPC difference accounts
for all design changes necessary to
replace the continuous pilot system
with the intermittent system.
12 For more information on the BLS producer
price indices, please visit: www.bls.gov/ppi/ (Last
accessed Sept. 23, 2022).
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TABLE III.5—ESTIMATED TYPICAL MANUFACTURER PRODUCTION COSTS
Product group
Baseline design
Indoor vented gas log sets
Standing pilot with manually-lit pilot,
on/off switch and millivolt gas valve.
Standing pilot with piezo ignition for
pilot, on/off switch, and millivolt gas
valve.
Standing pilot with manually-lit pilot
and on/off switch.
Standing pilot with piezo igniter (for
lighting the pilot) and on/off switch.
Other indoor decorative
hearth products.
Outdoor patio heaters .......
Outdoor decorative
hearths.
Issue 10: DOE seeks comment
regarding the estimated MPCs for each
product group. Further, DOE seeks
specific cost information and data about
MGP ignition system components.
These components include the gas
valves, the pilot assembly, the power
supply, and the battery pack.
Issue 11: DOE seeks feedback
regarding the average production
volumes used in this analysis, and
whether these values are representative
of the MGP market.
DOE converts MPC to the
manufacturer selling price (‘‘MSP’’) by
multiplying by the manufacturer
markup. MSP is the price the
manufacturer charges its first customer,
when selling into product distribution
channels. MSPs include direct
manufacturing production costs (i.e.,
labor, materials, and overhead estimated
in MPCs), non-production costs (i.e.,
SG&A, R&D, and interest), and profit.
The manufacturer markup accounts
for manufacturer non-production costs
and profit. DOE multiplied MPCs by an
industry average manufacturer markup
of 1.5 to estimate MSPs.
Issue 12: DOE requests feedback on
the industry average manufacturer
markup of 1.5 and whether this value is
representative of the MGP market.
Additionally, DOE requests feedback on
whether the average manufacturer
markups varies significantly across four
groups: indoor vented gas log sets, other
indoor vented decorative hearths,
outdoor patio heaters; and outdoor
decorative hearths.
lotter on DSK11XQN23PROD with PROPOSALS1
4. Energy Use Analysis
The purpose of the energy use
analysis is to determine the annual
energy consumption of MGPs at
different efficiencies in representative
U.S. single-family homes, and multifamily residences, and to assess the
energy savings potential of increased
MGP efficiency. The energy use analysis
estimates the range of energy use of
MGPs in the field (i.e., as they are
actually used by consumers). The
energy use analysis provides the basis
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Baseline MPC
$223.95
340.30
235.32
167.17
Alternate ignition system
Alternate MPC
Intermittent pilot with electronic ignition,
on/off switch, and battery backup.
Intermittent pilot with electronic ignition,
on/off switch, and battery backup.
$274.42
Intermittent pilot with electronic ignition
and on/off switch.
Intermittent pilot with electronic ignition
and on/off switch.
294.45
for other analyses DOE performed,
particularly assessments of the energy
savings and the savings in consumer
operating costs that could result from
adoption of amended or new standards.
In order to estimate the energy
consumption of standing pilot lights in
MGPs, DOE must estimate the fraction
of consumers that leave their standing
pilots on all year long vs. those that shut
off the standing pilot during some
portion of the year. Table III.6 presents
standing pilot usage data from a survey
of hearth products in U.S. homes.13 The
average operating hours for standing
pilot lights from this survey are 4593
hours per year. The survey primarily
included respondents with indoor
fireplaces, log sets, or stoves, although
a small fraction of survey respondents
had outdoor units. For outdoor
decorative products, DOE does not have
any data suggesting that standing pilot
usage behavior is substantially different.
For outdoor heaters, DOE assumed in
the proposed and final coverage
determination that standing pilot usage
is 50 percent that of outdoor decorative
hearth products. 87 FR 6786, 6791. For
portable propane outdoor units, such as
portable outdoor patio heaters, DOE
assumes that standing pilots are never
left on as that would quickly drain the
portable tank.
365.80
252.99
immediately after the unit is turned off.
Survey data 14 suggest that MGP users
use their products at least once a week
on average during the heating season
and therefore the average period
between last use and automatic turn-off
is one week. As a result, on-demand
pilot lights operate for a similar amount
of time during the heating season as
standing pilots.
Issue 13: DOE seeks comment
regarding the estimated MGP operating
hours for standing pilots.
5. Life-Cycle Cost and Payback Period
Analyses
The effect of new or amended energy
conservation standards on individual
consumers usually involves a reduction
in operating cost and an increase in
purchase cost. DOE used the following
two metrics to measure consumer
impacts:
• The LCC is the total consumer
expense of an appliance or product over
the life of that product, consisting of
total installed cost (manufacturer selling
price, distribution chain markups, sales
tax, and installation costs) plus
operating costs (expenses for energy use,
maintenance, and repair). To compute
the operating costs, DOE discounts
future operating costs to the time of
purchase and sums them over the
lifetime of the product.
• The PBP is the estimated amount of
TABLE III.6—STANDING PILOT USAGE
time (in years) it takes consumers to
Fraction of
recover the increased purchase cost
Standing pilot use
consumers
(including installation) of a moreefficient product through lower
Always on .............................
35%
Off when hearth is off ...........
33% operating costs. DOE calculates the PBP
Off in summer .......................
32% by dividing the change in purchase cost
at higher efficiency levels by the change
Total ...............................
100% in annual operating cost for the year that
amended or new standards are assumed
As discussed in section III.C.1.b, an
to take effect.
on-demand pilot will turn off
In order to estimate the LCC and PBP
automatically after a certain period of
for MGPs, DOE must estimate several
time (typically one week), but not
input parameters including average
product lifetime, repair and
13 Siap, D. et al. (2017), ‘‘Survey of Hearth
maintenance costs, and the distribution
Products in U.S. Homes’’, Lawrence Berkeley
of different ignition types in the market.
National Laboratory. (Available at: ees.lbl.gov/
publications/survey-hearth-products-us-homes)
(last accessed Oct. 4, 2022).
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14 Id.
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In the February 2015 NOPR, DOE
estimated that the average lifetime of
MGPs was 15 years, with a minimum
lifetime of 5 years and a maximum
lifetime of 30 years.15 This lifetime
estimate was the same across all product
categories. DOE continues to estimate
the same average lifetime for MGPs.
In the February 2015 NOPR, DOE
estimated repair costs for standing pilot
lights and intermittent ignition
68939
systems.16 These estimates are
presented in Table III.7 and Table III.8,
corrected to 2021$ using the Consumer
Price Index. Labor hours are estimated
from RSMeans 2022 data.
TABLE III.7—REPAIR COST ESTIMATES
Total labor
hours
Repair description
Group
Standing Pilot Ignition ......................
Indoor Vented Gas Log Sets ....................................................................
Indoor Other Decorative Hearth Products ................................................
Outdoor Patio Heaters ..............................................................................
Outdoor Decorative Hearths .....................................................................
Indoor Vented Gas Log Sets ....................................................................
Indoor Other Decorative Hearth Products ................................................
Outdoor Patio Heaters ..............................................................................
Outdoor Decorative Hearths .....................................................................
Intermittent Ignition ..........................
Cost
1.50
1.50
1.50
1.50
1.50
1.50
1.50
1.50
$39.10
62.40
107.73
107.73
127.80
97.57
177.75
177.75
TABLE III.8—LABOR COST ESTIMATES
Crew type
Laborers per
crew
Crew description
Q1 * .................................................................
In the February 2015 NOPR, DOE
estimated that approximately 14 percent
of MGPs would experience an ignition
system failure over the lifetime of the
product. If the failure occurred in the
first year, DOE assumed that the cost
was covered by warranty; if the failure
occurred between 2 and 5 years, the
consumer only paid labor costs; and if
the failure occurred after 5 years, the
consumer paid labor and material costs
for the repair.17 DOE continues to
estimate these same repair costs for
MGPs.
In order to estimate the fraction of
consumers impacted by an energy
conservation standard at a given
efficiency level, DOE must estimate the
distributions across different efficiency
1 Plumber, 1 Plumber Apprentice ..................
levels in the market. A 2017 survey on
hearth products in U.S. homes found
that, at the time, most consumers had
MGPs with a standing pilot, as seen in
Table III.9.18 A more recent examination
of models available on the market (from
retailer/manufacturer websites and
product literature from manufacturers of
MGPs, as discussed in section III.C.1.a)
shows some variation among product
groupings. In particular, there are fewer
of Other Indoor Vented Decorative
Hearths, Outdoor Decorative Hearths,
and Outdoor Patio Heaters with a
standing pilot. In particular, portable
propane units that fall within outdoor
decorative hearths and outdoor patio
heaters do not have a standing pilot as
that would quickly drain the propane
Cost per labor-hour
Bare costs
2
$37.70
Incl. O&P *
$61.50
tank. DOE does not intend to analyze
these portable propane products. The
updated estimates based on DOE’s
recent market research are shown in
Table III.10.
TABLE III.9—IGNITION TYPE DISTRIBUTION IN THE NO-NEW-STANDARDS
CASE FROM 2017 SURVEY
Ignition type
Market share
(percent)
Standing Pilot .......................
Intermittent Pilot ....................
Manually-lit ............................
67
19
14
Total ...............................
100
TABLE III.10—IGNITION TYPE DISTRIBUTION IN THE NO-NEW-STANDARDS CASE FROM AVAILABLE MODELS ON THE
MARKET IN DOE’S CURRENT DATABASE
Product group
Pilot type by category
Indoor Vented Gas Log Sets ......................................................
Intermittent or On Demand Pilot ................................................
Standing Pilot .............................................................................
Direct Main Burner Ignition .........................................................
Intermittent or On Demand Pilot ................................................
Standing Pilot .............................................................................
Direct Main Burner Ignition .........................................................
Intermittent or On Demand Pilot ................................................
Standing Pilot .............................................................................
Direct Main Burner Ignition .........................................................
Intermittent or On Demand Pilot ................................................
Standing Pilot .............................................................................
Other Indoor Vented Decorative Hearth Products .....................
lotter on DSK11XQN23PROD with PROPOSALS1
Outdoor Decorative Hearths .......................................................
Outdoor Patio Heaters ................................................................
15 See chapter 8 of the Technical Support
Document for the February 2015 NOPR. (Available
at: www.regulations.gov/document/EERE-2014-BTSTD-0036-0002) (last accessed Oct. 4, 2022).
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16 Id.
17 Id.
18 Siap, D. et al. (2017), ‘‘Survey of Hearth
Products in U.S. Homes’’, Lawrence Berkeley
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(percent)
National Laboratory. (Available at: ees.lbl.gov/
publications/survey-hearth-products-us-homes)
(last accessed Oct. 4, 2022).
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72
5
64
36
0
28
27
45
8
22
68940
Federal Register / Vol. 87, No. 221 / Thursday, November 17, 2022 / Proposed Rules
TABLE III.10—IGNITION TYPE DISTRIBUTION IN THE NO-NEW-STANDARDS CASE FROM AVAILABLE MODELS ON THE
MARKET IN DOE’S CURRENT DATABASE—Continued
Product group
Share
(percent)
Pilot type by category
Direct Main Burner Ignition .........................................................
lotter on DSK11XQN23PROD with PROPOSALS1
Issue 14: DOE seeks comment
regarding the estimated MGP lifetime,
particularly if there are differences
among product categories (such as
indoor/outdoor products).
Issue 15: DOE seeks comment
regarding the estimated MGP repair
costs.
Issue 16: DOE seeks comment
regarding the estimated distribution of
ignition types among MGPs and the
estimated fraction of products with
main burners that are manually lit.
6. National Impact Analysis
The NIA estimates the national energy
savings (‘‘NES’’) and the net present
value (‘‘NPV’’) of total consumer costs
and savings expected to result from new
standards at specific efficiency levels
(referred to as candidate standard
levels).19 DOE calculates the NES and
NPV for the potential standard levels
considered based on projections of
annual product shipments, along with
the annual energy consumption and
total installed cost data from the energy
use and LCC analyses. For the present
analysis, DOE projected the energy
savings, operating cost savings, product
costs, and NPV of consumer benefits
over the lifetime of MGPs sold from
2029–2058.
DOE evaluates the impacts of new or
amended standards by comparing a case
without such standards with standardscase projections (‘‘no-new-standards
case’’). The no-new-standards case
characterizes energy use and consumer
costs for each product class in the
absence of new or amended energy
conservation standards. For this
projection, DOE considers historical
trends in efficiency and various forces
that are likely to affect the mix of
efficiencies over time. DOE compares
the no-new-standards case with
projections characterizing the market for
each product class if DOE adopted new
or amended standards at specific energy
efficiency levels for that class. For each
efficiency level, DOE considers how a
given standard would likely affect the
market shares of product with
efficiencies greater than the standard.
In order to estimate national impacts
from 30 years of MGP shipments, DOE
19 The NIA accounts for impacts in the 50 states
and U.S. territories.
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must project future MGP shipments for
each product grouping based on
historical shipments. For the February
2015 NOPR, DOE received total
historical shipment data from HPBA,
however these data included product
categories that are not part of the current
MGP analysis.20 DOE notes that patio
heaters were not included in the
submitted shipment data. DOE received
additional data from HPBA to clarify the
categorization of some product
groupings. From these data, DOE
estimated the market shares of various
product types as shown in Table III.12.
Some of these product categories do not
fall under the definition of MGP,
therefore the corrected market shares of
MGP product categories from the
shipment data is shown in Table III.12.
From these market share and historical
shipment data, DOE estimates total
historical MGP shipments as shown in
Table III.13. DOE notes that outdoor
portable propane units are included in
these market share estimates and
requests comment on their market share,
so that they may be excluded from the
analysis.
TABLE III.11—MARKET SHARE OF
PRODUCT CATEGORIES FROM SUBMITTED SHIPMENT DATA
Market share
(percent)
Product type
Vented Fireplace ..................
Unvented Fireplace ..............
Vented Stove ........................
Unvented Stove ....................
Vented Insert ........................
Unvented Insert ....................
Vented Gas Log ...................
Unvented Gas Log ...............
Outdoor Units (Excluding
Patio Heaters) ...................
Total ...............................
70
TABLE III.12—MARKET SHARE OF
MGP PRODUCT CATEGORIES ESTIMATED FROM PREVIOUS DATA
Product group
Market share
(percent)
Indoor Vented Gas Log Sets
Indoor Other Decorative
Hearth Products ................
Outdoor Patio Heaters ..........
Outdoor Decorative Hearths
8.2
75.8
7.8
8.2
Total ...............................
100.0
TABLE III.13—ESTIMATED HISTORICAL
SHIPMENTS OF MGPS
Year
2005
2006
2007
2008
2009
2010
2011
2012
2013
2014
2015
2016
2017
2018
2019
2020
2021
......................................
......................................
......................................
......................................
......................................
......................................
......................................
......................................
......................................
......................................
......................................
......................................
......................................
......................................
......................................
......................................
......................................
Total historical
shipments of
MGPs
1,338,749
1,029,272
892,789
621,562
365,983
385,108
334,687
345,119
464,216
319,885
412,812
379,017
416,992
406,917
377,377
395,499
455,259
A more recent examination of models
available on the market (from retailer/
manufacturer websites and product
literature from manufacturers of MGPs)
based on DOE’s current market database
(as discussed in section III.C.1.a) shows
some variation from the above market
shares. These market shares are shown
in Table III.14. DOE again notes that
outdoor portable propane units are
6.7 included in these market share
estimates and requests comment on
100.0 their market share, so that they may be
excluded from the analysis.
50.4
4.1
4.1
0.5
7.2
0.2
6.7
20.1
TABLE III.14—MARKET SHARE BREAKDOWN OF MGP PRODUCT GROUPS
IN CURRENT DATABASE
20 See chapter 9 of the Technical Support
Document for the February 2015 NOPR. (Available
at: www.regulations.gov/document/EERE–2014–BT–
STD–0036–0002) (last accessed Oct. 4, 2022).
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Product group
Indoor Vented Gas Log Sets
E:\FR\FM\17NOP1.SGM
17NOP1
Market share
(percent)
48
Federal Register / Vol. 87, No. 221 / Thursday, November 17, 2022 / Proposed Rules
TABLE III.14—MARKET SHARE BREAK- account for 39% of indoor vented gas
DOWN OF MGP PRODUCT GROUPS log sets models in the DOE-compiled
IN CURRENT DATABASE—Continued product database.
Product group
Market share
(percent)
Other Indoor Vented Decorative Hearth Products .........
Outdoor Patio Heaters ..........
Outdoor Decorative Hearths
6
8
38
Issue 17: DOE seeks comment
regarding the estimated shipments of
MGPs and the market shares of different
MGP product categories. In particular,
DOE requests comment on the market
share of portable propane outdoor units
so that they may be excluded from the
analysis.
lotter on DSK11XQN23PROD with PROPOSALS1
7. Manufacturer Impact Analysis
The purpose of the manufacturer
impact analysis (‘‘MIA’’) is to identify
and quantify the impacts of any
potential new and/or amended energy
conservation standards on
manufacturers. DOE conducts the MIA
in three phases, and further tailors the
analytical framework based on the
comments it receives. In Phase I, DOE
creates an industry profile to
characterize the industry and identify
important issues that require
consideration. In Phase II, DOE prepares
an industry cash-flow model and
considers what information it might
gather in manufacturer interviews. In
Phase III, DOE’s contractors interview
manufacturers and assesses the impacts
of standards both quantitatively and
qualitatively.
As part of DOE’s rulemaking process,
DOE’s contractors reached out to MGP
manufacturers to conduct confidential
manufacturer interviews in 2022. The
interviews covered a range of topics,
including manufacturer key concerns,
technology options, production costs,
conversion costs, financial metrics,
market shares, shipment levels,
manufacturer markup, and competitive
concerns. Given the sensitive nature of
these topics, the interviews were
conducted under nondisclosure
agreement with DOE’s contractors to
ensure attributable data and sensitive
business information was maintained as
confidential. Only aggregate information
was provided to the Department. DOE’s
contractors conducted interviews with
manufacturers that sell product in each
of the groups: indoor vented gas log sets,
other indoor decorative hearth products,
outdoor patio heaters, and outdoor
decorative hearths. The interviews
provided broadest coverage of indoor
vented gas log set manufacturers. The
interviews included manufacturers that
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68941
simultaneously, your comment may not
be viewable for up to several weeks.
Please keep the comment tracking
number that www.regulations.gov
IV. Public Participation
provides after you have successfully
uploaded your comment.
A. Submission of Comments
Submitting comments via email, hand
DOE will accept comments, data, and
delivery/courier,
or postal mail.
information regarding this NODA no
later than the date provided in the DATES Comments and documents submitted
via email, hand delivery/courier, or
section at the beginning of this
postal mail also will be posted to
document. Interested parties may
www.regulations.gov. If you do not want
submit comments, data, and other
your personal contact information to be
information using any of the methods
publicly viewable, do not include it in
described in the ADDRESSES section at
your comment or any accompanying
the beginning of this document.
documents. Instead, provide your
Submitting comments via
contact information in a cover letter.
www.regulations.gov. The
Include your first and last names, email
www.regulations.gov web page will
address, telephone number, and
require you to provide your name and
optional mailing address. The cover
contact information. Your contact
letter will not be publicly viewable as
information will be viewable to DOE
long as it does not include any
Building Technologies staff only. Your
contact information will not be publicly comments.
Include contact information each time
viewable except for your first and last
you submit comments, data, documents,
names, organization name (if any), and
and other information to DOE. If you
submitter representative name (if any).
submit via postal mail or hand delivery/
If your comment is not processed
courier, please provide all items on a
properly because of technical
CD, if feasible, in which case it is not
difficulties, DOE will use this
necessary to submit printed copies. No
information to contact you. If DOE
telefacsimiles (‘‘faxes’’) will be
cannot read your comment due to
technical difficulties and cannot contact accepted.
Comments, data, and other
you for clarification, DOE may not be
information submitted to DOE
able to consider your comment.
electronically should be provided in
However, your contact information
will be publicly viewable if you include PDF (preferred), Microsoft Word or
Excel, WordPerfect, or text (ASCII) file
it in the comment itself or in any
format. Provide documents that are not
documents attached to your comment.
secured, that are written in English, and
Any information that you do not want
that are free of any defects or viruses.
to be publicly viewable should not be
Documents should not contain special
included in your comment, nor in any
characters or any form of encryption
document attached to your comment.
and, if possible, they should carry the
Otherwise, persons viewing comments
electronic signature of the author.
will see only first and last names,
Campaign form letters. Please submit
organization names, correspondence
campaign form letters by the originating
containing comments, and any
organization in batches of between 50 to
documents submitted with the
500 form letters per PDF or as one form
comments.
Do not submit to www.regulations.gov letter with a list of supporters’ names
compiled into one or more PDFs. This
information for which disclosure is
reduces comment processing and
restricted by statute, such as trade
posting time.
secrets and commercial or financial
Confidential Business Information.
information (hereinafter referred to as
Pursuant to 10 CFR 1004.11, any person
Confidential Business Information
submitting information that he or she
(‘‘CBI’’)). Comments submitted through
www.regulations.gov cannot be claimed believes to be confidential and exempt
by law from public disclosure should
as CBI. Comments received through the
submit via email two well-marked
website will waive any CBI claims for
copies: one copy of the document
the information submitted. For
marked ‘‘confidential’’ including all the
information on submitting CBI, see the
information believed to be confidential,
Confidential Business Information
and one copy of the document marked
section.
‘‘non-confidential’’ with the information
DOE processes submissions made
believed to be confidential deleted. DOE
through www.regulations.gov before
will make its own determination about
posting. Normally, comments will be
the confidential status of the
posted within a few days of being
submitted. However, if large volumes of information and treat it according to its
determination.
comments are being processed
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Federal Register / Vol. 87, No. 221 / Thursday, November 17, 2022 / Proposed Rules
lotter on DSK11XQN23PROD with PROPOSALS1
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).
B. Issues on Which DOE Seeks Comment
Issue 1: DOE requests comment on its
tentative decision to exclude gas lights
and portable propane products from the
current analysis. DOE also requests
comment on an appropriate definition
for gas lights in order to distinguish
them from other miscellaneous gas
products. DOE also requests comment
on whether any other products should
be excluded from the current
rulemaking.
Issue 2: DOE requests comment
regarding these four representative
product groups.
Issue 3: DOE requests comment on the
OEMs identified for each representative
group: indoor vented gas log sets; other
indoor vented decorative hearths;
outdoor patio heaters; and outdoor
decorative hearths. Additionally, DOE
requests data on the number of OEMs
with domestic production facilities for
each group. DOE also requests comment
on names of OEMs of MGPs that DOE
did not identify in Table III.1.
Issue 4: DOE seeks comment
regarding whether there are any ignition
methods that are not captured in this
section, or if any of the listed methods
are not applicable to MGPs. DOE also
seeks comment on whether the above
descriptions for each ignition method
accurately reflect the industry’s
understanding.
Issue 5: DOE seeks comment
regarding whether there are any pilot
light technologies that are not captured
in this section, or if any of the listed
technologies are not applicable to
MGPs. DOE also requests comment
about any subsets of MGPs in which it
would not be feasible to implement the
aforementioned technologies. DOE also
seeks comment on whether the above
descriptions for each pilot light
technology accurately reflect the
industry’s understanding. Finally, DOE
seeks comment on the potential
combinations of ignition systems and
pilot lights that are available on the
market, and on the prevalence of these
combinations in each product group.
Issue 6: DOE requests comment
regarding whether these technology
options would impact the energy
efficiency and/or energy use of MGPs. In
addition, DOE requests comment on
whether any other technologies are
available to reduce the energy
consumption of MGPs.
VerDate Sep<11>2014
16:42 Nov 16, 2022
Jkt 259001
Issue 7: DOE seeks comment
regarding its tentative conclusion that
only intermittent pilot ignition and ondemand ignition pass the screening
criteria. DOE also requests comment on
whether any other technology options
should pass the screening analysis.
Issue 8: DOE requests comment
regarding the baseline design
characteristics identified for each
product group. DOE also requests
comment regarding whether additional
clarity is needed regarding the baseline
design characteristics and the
components in each design.
Issue 9: DOE requests comment
regarding the alternate design
characteristics identified for each
product group.
Issue 10: DOE seeks comment
regarding the estimated MPCs for each
product group. Further, DOE seeks
specific cost information and data about
MGP ignition system components.
These components include the gas
valves, the pilot assembly, the power
supply, and the battery pack.
Issue 11: DOE seeks feedback
regarding the average production
volumes used in this analysis, and
whether these values are representative
of the MGP market.
Issue 12: DOE requests feedback on
the industry average manufacturer
markup of 1.5 and whether this value is
representative of the MGP market.
Additionally, DOE requests feedback on
whether the average manufacturer
markups varies significantly across four
groups: indoor vented gas log sets, other
indoor vented decorative hearths,
outdoor patio heaters; and outdoor
decorative hearths.
Issue 13: DOE seeks comment
regarding the estimated MGP operating
hours for standing pilots.
Issue 14: DOE seeks comment
regarding the estimated MGP lifetime,
particularly if there are differences
among product categories (such as
indoor/outdoor products).
Issue 15: DOE seeks comment
regarding the estimated MGP repair
costs.
Issue 16: DOE seeks comment
regarding the estimated distribution of
ignition types among MGPs and the
estimated fraction of products with
main burners that are manually lit.
Issue 17: DOE seeks comment
regarding the estimated shipments of
MGPs and the market shares of different
MGP product categories. In particular,
DOE requests comment on the market
share of portable propane outdoor units
so that they may be excluded from the
analysis.
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V. Approval of the Office of the
Secretary
The Secretary of Energy has approved
publication of this notification of the
availability of the preliminary technical
support document and request for
comment.
Signing Authority
This document of the Department of
Energy was signed on November 7,
2022, by Francisco Alejandro Moreno,
Acting 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 November
10, 2022.
Treena V. Garrett,
Federal Register Liaison Officer, U.S.
Department of Energy.
[FR Doc. 2022–24925 Filed 11–16–22; 8:45 am]
BILLING CODE 6450–01–P
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 25
[Docket No. FAA–2022–0349; Notice No. 25–
22–05–SC]
Special Conditions: Airbus Model
A321neo XLR Airplane; FlightEnvelope Protection Functions—
General
Federal Aviation
Administration (FAA), DOT.
ACTION: Notice of proposed special
conditions.
AGENCY:
This action proposes special
conditions for the the Airbus Model
A321neo XLR airplanes. These airplanes
will have a novel or unusual design
feature when compared to the state of
technology envisioned in the
airworthiness standards for transportcategory airplanes. This design feature
is an electronic flight-control system
that provides flight-envelope
protections. The applicable
airworthiness regulations do not contain
SUMMARY:
E:\FR\FM\17NOP1.SGM
17NOP1
Agencies
[Federal Register Volume 87, Number 221 (Thursday, November 17, 2022)]
[Proposed Rules]
[Pages 68931-68942]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-24925]
========================================================================
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. 221 / Thursday, November 17, 2022 /
Proposed Rules
[[Page 68931]]
DEPARTMENT OF ENERGY
10 CFR Part 430
[EERE-2022-BT-STD-0017]
RIN 1904-AF41
Energy Conservation Program: Energy Conservation Standards for
Miscellaneous Gas Products
AGENCY: Office of Energy Efficiency and Renewable Energy, Department of
Energy.
ACTION: Notification of data availability and request for comment.
-----------------------------------------------------------------------
SUMMARY: On June 14, 2022, the U.S. Department of Energy (``DOE'')
published a request for information (``RFI'') regarding energy
conservation standards for miscellaneous gas products (``MGPs''). In
that RFI, DOE specifically sought stakeholder input and data on a
variety of topics including, but not limited to, product categories,
energy use, shipments, and technology options. Based on the information
that DOE collected in response to stakeholder input, data that has been
identified and collected by DOE, and data collected during confidential
manufacturer interviews, DOE is publishing this notification of data
availability (``NODA'') to provide stakeholders with additional
information and to provide an additional opportunity for public input.
DOE requests comments, data, and information on all aspects of the
NODA.
DATES: Written comments and information will be accepted on or before
December 19, 2022.
ADDRESSES: Interested persons are encouraged to submit comments using
the Federal eRulemaking Portal at www.regulations.gov under docket
number EERE-2022-BT-STD-0017. Follow the instructions for submitting
comments. Alternatively, interested persons may submit comments,
identified by docket number EERE-2022-BT-STD-0017, by any of the
following methods:
Email: [email protected]. Include the docket number
EERE-2022-BT-STD-0017 in the subject line of the message.
Postal Mail: Appliance and Equipment Standards Program, U.S.
Department of Energy, Building Technologies Office, Mailstop EE-5B,
1000 Independence Avenue SW, Washington, DC 20585-0121. Telephone:
(202) 287-1445. If possible, please submit all items on a compact disc
(``CD''), in which case it is not necessary to include printed copies.
Hand Delivery/Courier: Appliance and Equipment Standards Program,
U.S. Department of Energy, Building Technologies Office, 950 L'Enfant
Plaza SW, 6th Floor, Washington, DC 20024. Telephone: (202) 287-1445.
If possible, please submit all items on a CD, in which case it is not
necessary to include printed copies.
No telefacsimiles (``faxes'') will be accepted. For detailed
instructions on submitting comments and additional information on this
process, see section IV of this document.
Docket: The docket for this activity, which includes Federal
Register notices, comments, and other supporting documents/materials,
is available for review at www.regulations.gov. All documents in the
docket are listed in the www.regulations.gov index. However, 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-2022-BT-STD-0017. The docket web page contains instructions on how
to access all documents, including public comments in the docket. See
section IV of this document 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, EE-5B, 1000
Independence Avenue SW, Washington, DC 20585-0121. Telephone: 202-586-
0729. Email: [email protected].
Mr. Pete Cochran, U.S. Department of Energy, Office of the General
Counsel, GC-33, 1000 Independence Avenue SW, Washington, DC 20585-0121.
Telephone: 202-586-9496. Email: [email protected].
For further information on how to submit a comment, review other
public comments and the docket, or participate in the public meeting,
contact the Appliance and Equipment Standards Program staff at (202)
287-1445 or by email: [email protected].
SUPPLEMENTARY INFORMATION:
Table of Contents
I. Background
II. Deviation from Appendix A
III. Discussion
A. Scope
B. Analysis
1. Market and Technology Assessment
a. Market Assessment
b. Descriptions of Pilot and Ignition Systems Identified on the
Market
c. Technology Options
2. Screening Analysis
3. Engineering Analysis
a. Design Options
b. Teardown Analysis
4. Energy Use Analysis
5. Life-Cycle Cost and Payback Period Analyses
6. National Impact Analysis
7. Manufacturer Impact Analysis
IV. Public Participation
A. Submission of Comments
B. Issues on Which DOE Seeks Comment
V. Approval of the Office of the Secretary
I. Background
The Energy Policy and Conservation Act, Public Law 94-163, 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 of EPCA \2\ established the Energy
Conservation Program for Consumer Products Other Than Automobiles. EPCA
also grants DOE authority to establish coverage and prescribe energy
conservation standards for additional consumer products. (See 42 U.S.C.
6295(l)(1))
---------------------------------------------------------------------------
\1\ All references to EPCA in this document refer to the statute
as amended through the Energy Act of 2020, Public Law 116-260 (Dec.
27, 2020), which reflect the last statutory amendments that impact
Parts A and A-1 of EPCA.
\2\ For editorial reasons, upon codification in the U.S. Code,
Part B was redesignated Part A.
---------------------------------------------------------------------------
On June 14, 2022, the U.S. Department of Energy (``DOE'') published
a request for information (``RFI'') regarding potential energy
conservation standards for
[[Page 68932]]
miscellaneous gas products (``MGPs''). In that RFI, DOE solicited
information from the public to help DOE determine whether potential
standards for miscellaneous gas products would result in significant
energy savings and whether such standards would be technologically
feasible and economically justified. DOE noted that such information
would prove useful in the event DOE moved forward with a final coverage
determination. Subsequently, in a final determination published on
September 6, 2022 (``September 2022 Final Coverage Determination''),
DOE determined that MGPs, which are comprised of decorative hearths and
outdoor heaters, qualify as covered products under EPCA. 87 FR 54330.
DOE is publishing this NODA to get additional comment and input on
the extensive data that has been collected to date and to help inform
DOE as to whether energy conservation standards for MGPs would result
in significant conservation of energy and be economically justified and
technologically feasible, consistent with its obligations under EPCA.
II. Deviation From Appendix A
In accordance with section 3(a) of 10 CFR part 430, subpart C,
appendix A (``appendix A''), DOE notes that it is deviating from the
provision in appendix A regarding the length of comment periods for the
pre-NOPR stages for an energy conservation standards rulemaking.
Section 6(d)(2) of appendix A specifies that the length of the public
comment period for pre-NOPR rulemaking documents will not be less than
75 calendar days. For this NODA, DOE has opted instead to provide a 30-
day comment period. In the June 2022 RFI, DOE initiated a review to
determine whether potential energy conservation standards would satisfy
the relevant requirements of EPCA for miscellaneous gas products. 87 FR
35925. The June 2022 RFI provided 30 days for submitting written
comment, data, and information. In light of the previous 30-day comment
period associated with the June 2022 RFI, DOE believes a 30-day comment
period is appropriate and would provide interested parties a meaningful
opportunity to comment on the clarifications, data, and accompanying
analyses presented in this NODA.
III. Discussion
This NODA presents various data that DOE has collected to date,
through the June 2022 RFI, confidential manufacturer interviews, and
other efforts. DOE intends to use this information to help determine
whether energy conservation standards for MGPs would result in
significant conservation of energy and be economically justified and
technologically feasible.
A. Scope
In the September 2022 Final Coverage Determination, DOE established
coverage for miscellaneous gas products and codified definitions for
``miscellaneous gas products'', ``decorative hearth product'', and
``outdoor heater'' in 10 CFR 430.2. 87 FR 54330. Specifically, DOE
defined ``miscellaneous gas products'' to mean decorative hearth
products and outdoor heaters. Further, DOE provided definitions for
both decorative hearth products and outdoor heaters. A ``decorative
hearth product'' means a gas fired appliance that--
(1) Simulates a solid-fueled fireplace or presents a flame pattern;
(2) Includes products designed for indoor use, outdoor use, or
either indoor or outdoor use;
(3) Is not for use with a thermostat;
(4) For products designed for indoor use, is not designed to
provide space heating to the space in which it is installed; and
(5) For products designed for outdoor use, is not designed to
provide heat proximate to the unit.
And an ``outdoor heater'' means a gas-fired appliance designed for
use in outdoor spaces only, and which is designed to provide heat
proximate to the unit. 10 CFR 430.2.
In response to the June 2022 RFI, several commenters expressed
confusion and/or concern related to the scope of a potential MGP energy
conservation standard rulemaking.\3\ (The American Public Gas
Association, National Propane Gas Association, and American Gas
Association (``Gas Associations''), No. 8 at p. 2; Hearth and Home
Technologies and the Outdoor GreatRoom Company, No. 6 at p. 1; Hearth,
Patio, & Barbecue Association (``HPBA'', No. 7 at pp. 3-4) For example,
the Gas Associations stated that the June 2022 RFI did not provide
enough information to determine which products would potentially be
subject to a future energy conservation standard rulemaking.
---------------------------------------------------------------------------
\3\ The comments received in response to the June 2022 RFI will
be addressed in a subsequent rulemaking stage. However, select
comments are referenced in this discussion in order to address
commenters' confusion and concerns about the scope of this
rulemaking. A parenthetical reference at the end of a comment
quotation or paraphrase provides the location of the item in the
public record. Specifically, the parenthetical references provide a
reference for information located in Docket No. EERE-2022-BT-STD-
0017, which is maintained at www.regulations.gov. The references are
arranged as follows: (commenter name, comment docket ID number, page
of that document).
---------------------------------------------------------------------------
DOE recognizes that a wide range of products meeting the
definitions of decorative hearth product or outdoor heater
(collectively, miscellaneous gas products) are available on the market,
including, for example, vented gas log sets, gas fire pits, gas stoves,
and gas fireplace inserts. And, while MGPs share similarities in form,
function, and operation, DOE also recognizes that the different
products that comprise MGPs may have different design characteristics,
usage patterns, installation environments, and may offer differing
utility for consumers. These factors can significantly influence an
analysis of whether potential energy conservation standards would
result in significant energy savings and would be technologically
feasible and economically justified. In order to both provide more
certainty for stakeholders regarding which MGPs would potentially be
subject to energy conservation standards and ensure that DOE's analysis
reflects the differences between certain types of MGPs, DOE has
tentatively identified four distinct groups of MGPs for the purpose of
conducting its energy conservation standard rulemaking analysis. The
products within each representative group tend to have similar (or in
some cases identical) ignition systems and are often certified to the
same industry safety standards. The four groups of representative
products are:
Indoor vented gas log sets;
Other indoor vented decorative hearth products (includes
all other decorative hearth products that are not gas logs, including
gas fireplaces, gas stoves, and gas fireplace inserts);
Outdoor decorative hearth products (which includes outdoor
decorative fireplaces, fire pits, fire bowls, fire columns, and fire
tables); and,
Outdoor patio heaters (which includes pyramid-style patio
torch heaters, radiant patio torch heaters, and infrared heaters).
The first three representative product groups fall under the
definition of ``decorative hearth product'' while the final group meets
the definition of an ``outdoor heater.'' Performing separate analyses
on each representative product group will enable DOE to better account
for the differences among the products that comprise MGPs.
In addition to the general comments about the scope of potential
energy conservation standards discussed in the prior paragraphs,
commenters also had comments and questions about specific MGPs. For
instance, some commenters
[[Page 68933]]
requested additional clarity regarding the distinction between outdoor
heaters and hearth heaters, especially in cases where a heater has a
dual indoor and outdoor certification. (The Air-Conditioning, Heating,
and Refrigeration Institute, No. 9 at p. 1; Madison Indoor Air Quality,
No. 5 at pp. 1-2). In response, DOE notes that the definition for an
outdoor heater requires that the appliance be ``designed for use in
outdoor spaces only'', and therefore a product that is certified for
use both indoors and outdoors would not meet the definition of an
outdoor heater. DOE also notes that hearth heaters, which are similar
to decorative hearth products except that they are designed to provide
heat to the indoor space in which they are used,\4\ are not included
within the scope of this NODA. Hearth heaters are addressed as part of
a separate rulemaking process.\5\
---------------------------------------------------------------------------
\4\ See 87 FR 36249, 36253.
\5\ See Docket No. EERE-2022-BT-STD-0018, available at:
www.regulations.gov/docket/eere-2022-bt-std-0018.
---------------------------------------------------------------------------
Commenters also sought clarification on whether gas lights would
meet the definition of decorative hearth products because they present
a flame pattern, are designed for outdoor use (at least), are not
designed to be operated with a thermostat, and are not designed to
provide heat proximate to the unit. (Hearth, Patio, & Barbecue
Association, No. 7 at pp. 3-4) However, DOE has tentatively excluded
gas lights from the current analysis due to a lack of information
pertaining specifically to these products. Absent sufficient data, DOE
has tentatively concluded not to analyze standards for these products
at this time. Commenters also stated that if products with propane
tanks include a continuous pilot, the pilot would not be left on
because doing so would drain the fuel tank. (Hearth and Home
Technologies and the Outdoor GreatRoom Company, No. 6 at p. 10) DOE
agrees that continuous pilot lights are unlikely to be left on for
products with propane tanks. DOE has tentatively concluded that
portable propane products should not be included in this analysis
because there would be minimal energy savings associated with removing
standing pilots from these products.
Issue 1: DOE requests comment regarding these four representative
product groups.
Issue 2: DOE requests comment on its tentative decision to exclude
gas lights and portable propane products from the current analysis. DOE
also requests comment on an appropriate definition for gas lights in
order to distinguish them from other miscellaneous gas products, as
well as data specific to gas lights. DOE also requests comment on
whether any other products should be excluded from the current
rulemaking.
B. Analysis
1. Market and Technology Assessment
DOE generally develops information in a market and technology
assessment that provides an overall picture of the market for the
products concerned, including general characteristics of the products,
the industry structure, manufacturers, market characteristics, and
technologies used in the products. This activity includes both
quantitative and qualitative assessments, based primarily on publicly
available information. The subjects addressed in the market and
technology assessment include: (1) a determination of the scope of the
rulemaking and product classes, (2) manufacturers and industry
structure, (3) existing efficiency programs, (4) shipments information,
(5) market and industry trends, and (6) technologies or design options
that could improve the energy efficiency of the product. In this NODA,
DOE presents initial findings from its review of the market and
technologies for MGPs, as well as findings related to the design
options that could improve the energy efficiency or reduce the energy
consumption of MGPs.
a. Market Assessment
As an initial step in analyzing the market for MGPs, DOE reviewed
the market to identify the MGPs currently available and constructed a
database of these products that includes information on their
characteristics, such as whether the main burner is lit by a pilot
ignition system or the main burner is lit directly without a pilot,
ignition methods of the pilot (if applicable) or main burner (e.g.,
electronic ignition, piezo ignition, etc.), pilot light control system
(if applicable) (e.g., continuous pilot, intermittent pilot, or pilot
on demand), the main burner input rate, and other characteristics.
Additional details about DOE's definitions of these features are
discussed in section III.C.1.b. of this document. As a starting point
in constructing a database for the current analysis, DOE reviewed the
list of manufacturers identified in the technical support document
(``TSD'') for a NOPR for hearth products published on February 9, 2015
(``February 2015 NOPR'').\6\ (See Docket EERE-2014-BT-STD-0036.)
Although the scope of the February 2015 NOPR differed from the scope of
MGPs, as defined in 10 CFR 430.2, DOE notes that many of the
manufacturers identified for that analysis also manufacture MGPs. DOE
collected information on MGPs available from many of these
manufacturers from brochures, specification sheets, installation
manuals, and other manufacturer literature available on manufacturer
websites. DOE also reviewed the Natural Resources Canada (``NRCan'')
database for gas fireplaces to identify additional manufacturers and
models of MGPs.\7\ Before adding any products from NRCan's database,
DOE first ensured these products are available for sale in the United
States. DOE supplemented data from NRCan's database with data gathered
directly from manufacturer websites. Lastly, DOE reviewed retailer
websites and conducted internet searches for MGPs to identify any
additional manufacturers that were not identified in either the
February 2015 NOPR or in NRCan's database and gathered information on
their models. DOE notes that the scope of the February 2015 NOPR was
different than the scope of this NODA,\8\ and similarly, the
definitions and scope of this NODA are not the same as the models
listed in the NRCan database, which includes fireplace heaters.
Therefore, DOE assessed each model individually and only included
models in its database that meet the definition of MGPs. DOE's product
database for MGPs currently includes information on over 3,500 models
and 64 brands, but DOE is continuing to research additional
manufacturers and models. To provide further context for the MGP
market, the following paragraphs discuss the relevant domestic and
international manufacturers of MGPs that DOE has currently identified.
---------------------------------------------------------------------------
\6\ On December 31, 2013, DOE published a notice of proposed
determination of coverage (``NOPD'') for hearth products in the
Federal Register. 78 FR 79638 (``December 2013 NOPD''). In the
December 2013 NOPD, DOE proposed to define ``hearth product'' as a
gas-fired appliance that simulates a solid-fueled fireplace or
presents a flame pattern (for aesthetics or other purpose) and that
may provide space heating directly to the space in which it is
installed. However, DOE later withdrew the December 2013 NOPD in the
bi-annual publication of the Regulatory Agenda and the February 2015
NOPR was never finalized. 82 FR 40270, 40274.
\7\ NRCan's database of gas fireplaces is available here:
oee.nrcan.gc.ca/pml-lmp/index.cfm?action=app.search-recherche&appliance=FIREPLACE_G. (Last accessed October 5, 2022.)
\8\ The scope of the February 2015 NOPR included ``hearth
heaters'' which are not included within the scope of MGPs.
---------------------------------------------------------------------------
The 64 brands of MGPs that DOE identified from its current database
were found to be associated with 36 manufacturers. Many of these
[[Page 68934]]
manufacturers import or privately label MGPs. From this list of
manufacturers, DOE has so far identified 19 original equipment
manufacturers (``OEMs'') with domestic manufacturing facilities for
MGPs sold in the United States. Of those 19 OEMs with domestic
manufacturing, 12 offer indoor vented gas log sets; 6 offer other
indoor vented decorative hearths; 3 offer outdoor patio heaters; and 16
offer outdoor decorative hearths. DOE understands that many companies
are OEM for key products but also source portions of their product
offerings. Publicly available information was insufficient to
consistently discern which specific product lines at a company are made
versus private labeled.
Based on the DOE-compiled product database, DOE identified the
manufacturers in Table III.1. DOE identifies OEMs with domestic
manufacturing facilities with an asterisk.
Table III.1--Manufacturers by Product Group
----------------------------------------------------------------------------------------------------------------
Other
indoor Outdoor
Indoor vented Outdoor decorative
Manufacturer vented gas decorative patio hearth
log sets hearth heaters products
products
----------------------------------------------------------------------------------------------------------------
Aei, Corporation........................................ ............ ............ X ............
American Gas Log, LLC *................................. X ............ ............ ............
Arizona Fasteners Corporation *......................... X ............ ............ X
AZ Patio Heaters, LLC................................... ............ ............ X X
Cal Spas Inc............................................ ............ ............ ............ X
Crown Verity............................................ ............ ............ X ............
Empire Comfort Systems, Inc *........................... X X ............ X
Enerco Group, Inc....................................... ............ ............ X ............
Ferrellgas Partners, L.P................................ ............ ............ ............ X
Gas-Fired Products, Inc *............................... ............ ............ X ............
Golden Blount *......................................... X X ............ X
Hargrove Manufacturing Co *............................. X ............ ............ X
Hearth Products Controls Co *........................... ............ ............ ............ X
Heatmaster, LLC *....................................... X ............ ............ X
HNI Corporation *....................................... X X ............ X
Infrared Dynamics, Inc.................................. ............ ............ X ............
IR Energy............................................... ............ ............ X ............
Island Industrial Services *............................ ............ X ............ X
Ksp Group, Inc *........................................ ............ ............ ............ X
Lava Heat Italia........................................ ............ ............ X ............
Lennox *................................................ X X ............ X
Lume Fire, LLC.......................................... ............ ............ ............ X
Mr. Bar-B-Q Products LLC................................ ............ ............ X X
Napoleon Systems & Developments Ltd..................... X X ............ X
Novacap Industries...................................... ............ ............ ............ X
Procom Heating, Inc *................................... X ............ X X
R.H. Peterson Co *...................................... X ............ ............ X
Rasmussen Iron Works, Inc *............................. X ............ X ............
R-Co Inc *.............................................. X ............ ............ X
S[oacute]las *.......................................... ............ ............ ............ X
Spark Modern Fires, LLC................................. ............ ............ ............ X
The Home Depot Inc...................................... ............ ............ X X
The Outdoor Greatroom Company LLP *..................... ............ ............ ............ X
Travis Industries, Inc *................................ ............ X ............ X
Wayfair Inc............................................. ............ X X X
Well Traveled Imports, Inc.............................. ............ ............ X X
----------------------------------------------------------------------------------------------------------------
* OEMs with domestic manufacturing.
Issue 3: DOE requests comment on the OEMs identified for each
representative group: indoor vented gas log sets; other indoor vented
decorative hearths; outdoor patio heaters; and outdoor decorative
hearths. Additionally, DOE requests data on the number of OEMs with
domestic production facilities for each group. DOE also requests
comment on names of OEMs of MGPs that DOE did not identify in Table
III.1.
b. Description of Pilot and Ignition Systems Identified on the Market
DOE has identified several ignition system and pilot light
technologies available on the market, which DOE has tentatively defined
in order to provide a common understanding of these technologies
between stakeholders and DOE for the purposes of this analysis.
DOE is aware of the following types of main burner ignition
systems:
Pilot ignition, in which the main burner is ignited by a
pilot light; and
Direct Main Burner Ignition, in which the main burner is
ignited directly (i.e. the absence of a pilot light).
Additionally, DOE is aware of the following ignition methods that
can be utilized with either pilot ignition or direct main burner
ignition:
Electronic Ignition, in which an electronic spark
automatically lights the pilot or main burner and which uses line power
connection and/or battery power;
Push-button Battery Ignition, in which a spark is manually
generated by pushing a button to light the pilot or
[[Page 68935]]
main burner and which uses energy from a battery to create the spark;
Manually-lit Ignition, in which the pilot or main burner
is manually lit using a match or lighter;
Piezo Ignition, in which a piezo material creates a spark
to ignite the pilot or main burner without the need for a battery or
connection to line power; and,
Hot Surface Ignition, in which a material that is heated
through electricity is used to ignite the pilot or main burner.
Issue 4: DOE seeks comment regarding whether there are any ignition
methods that are not captured in this section, or if any of the listed
methods are not applicable to MGPs. DOE also seeks comment on whether
the above descriptions for each ignition method accurately reflect the
industry's understanding.
Additionally, DOE has observed the following types of pilot lights:
Continuous pilot (or ``standing pilot''), in which the
pilot is capable of burning indefinitely until manually turned off;
Intermittent or interrupted pilot, in which the pilot is
automatically lit when it is needed to light the main burner, and it
turns off automatically once the main burner turns off again or once
the main burner is lit; and,
Pilot on-demand, in which the pilot is automatically lit
and burns continuously as long as the main burner is operated within a
preprogrammed period of time (e.g., 7 days) and the pilot is
automatically shut off if the main burner is not operated within the
preset time period.
Finally, DOE has found that some products are capable of using more
than one of the ignition method or pilot light types described above.
For example, DOE has observed products that provide an option to switch
between intermittent pilot ignition, continuous pilot ignition, and/or
on-demand pilot ignition. However, DOE notes that an MGP with an
ignition system that features an option to select a continuous pilot
mode, regardless of whether it can also operate in intermittent pilot
and/or pilot on demand modes, meets DOE's definition of a continuous
pilot system since it is capable of operating continuously until the
pilot is manually extinguished. Further, such product would not meet
the definition of an intermittent pilot or pilot on demand because the
pilot will not necessarily turn off automatically when operating in
continuous pilot mode.
Issue 5: DOE seeks comment regarding whether there are any pilot
light technologies that are not captured in this section, or if any of
the listed technologies are not applicable to MGPs. DOE also requests
comment about any subsets of MGPs in which it would not be feasible to
implement the aforementioned technologies. DOE also seeks comment on
whether the above descriptions for each pilot light technology
accurately reflect the industry's understanding. Finally, DOE seeks
comment on the potential combinations of ignition systems and pilot
lights that are available on the market, and on the prevalence of these
combinations in each product group.
c. Technology Options
In its initial review of the market and technology, DOE has
identified seven technology options that would be expected to improve
the efficiency or reduce the energy consumption of MGPs, which include
the following:
Optimized air-to-fuel ratio. The mixture of air and fuel
for combustion determines key flame aspects for many MGPs, in
particular the flame color, height, and heat output. In order to
achieve flame characteristics that mimic wood-burning flames, gas-fired
MGPs utilize a ``rich'' mixture, that is, the ratio of air to fuel is
low. For many natural gas products, primary air is in fact not pre-
mixed, and what is burned is nearly 100 percent natural gas. This
results in a tall yellow flame. For propane products, air is pre-mixed
with fuel prior to combustion.
Optimized burner port design. Gas burners for many MGPs
comprise tubes with holes or slots through which the gas exits and
combusts. The holes or slots are designed with particular sizes and
patterns in order to achieve the desired flame pattern or aesthetic.
While the primary objective of optimizing gas burner ports is to
achieve the desired flame pattern, the ports could also be optimized to
deliver an acceptable flame aesthetic while reducing the amount of fuel
consumed.
Improved simulated log design. Many MGPs incorporate
cement, fiber, or ceramic logs that are designed to simulate the look
of wood logs. The log shapes are optimized in conjunction with the
burner design. The combination of the burner design and log shape,
size, and placement results in the overall aesthetic for the product.
Additionally, logs must be designed in conjunction with the burner to
ensure that flames do not impinge on the logs themselves, as this
causes the flame to cool and form soot. The log shape, size, placement,
and material may be optimized to potentially impact the energy
efficiency and/or energy use of products that include these design
elements.
Improved pan burner media/bead type. Many MGPs include an
ember material that glows and radiates when heated. In pan type
burners, sand is used to cover the burner and results in a flame
pattern. In some products, glass beads may be used in place of
simulated logs for effect. These media could potentially be selected to
produce a satisfactory flame pattern while reducing the required gas
consumption.
Reflective walls and/or other components inside combustion
zone. For MGPs that include a firebox or other enclosure, the interior
walls could potentially be painted with a reflective coating. This
could potentially give the illusion of more or taller flames, thereby
reducing the fuel required to achieve a satisfactory aesthetic. This
technology would only apply to the subset of products that include an
enclosure surrounding the flame.
Intermittent pilot. Intermittent pilot ignition systems
are described in section III.C.1.b of this document and reduce the
amount of fuel burned by the pilot when the main burner is not in use.
Pilot on-demand. Pilot on-demand ignition systems are
described in section III.C.1.b of this document and reduce the amount
of fuel burned by the pilot when the main burner is not in use.
Issue 6: DOE requests comment regarding whether these technology
options would impact the energy efficiency and/or energy use of MGPs.
In addition, DOE requests comment on whether any other technologies are
available to reduce the energy consumption of MGPs.
2. Screening Analysis
DOE uses the following five screening criteria to determine which
technology options are suitable for further consideration in an energy
conservation standards rulemaking:
(1) Technological feasibility. Technologies that are not
incorporated in commercial products or in commercially viable, existing
prototypes will not be considered further.
(2) Practicability to manufacture, install, and service. If it is
determined that mass production of a technology in commercial products
and reliable installation and servicing of the technology could not be
achieved on the scale necessary to serve the relevant market at the
time of the projected compliance date of the standard, then that
technology will not be considered further.
(3) Impacts on product utility. If a technology is determined to
have a significant adverse impact on the utility
[[Page 68936]]
of the product to subgroups of consumers, or result in the
unavailability of any covered product type with performance
characteristics (including reliability), features, sizes, capacities,
and volumes that are substantially the same as products generally
available in the United States at the time, it will not be considered
further.
(4) Safety of technologies. If it is determined that a technology
would have significant adverse impacts on health or safety, it will not
be considered further.
(5) Unique-pathway proprietary technologies. If a technology has
proprietary protection and represents a unique pathway to achieving a
given efficiency level, it will not be considered further, due to the
potential for monopolistic concerns.
10 CFR part 430, subpart C, appendix A, sections 6(b)(3) and 7(b).
If DOE determines that a technology, or a combination of
technologies, fails to meet one or more of the listed five criteria, it
will be excluded from further consideration in the engineering
analysis.
DOE tentatively expects to screen out optimized air-to-fuel ratio,
optimized burner report design, improved simulated log design, improved
pan burner media/bead type, and reflective walls and/or other
components inside combustion zone because of the potential negative
impact on the aesthetics, and therefore utility, of MGPs. In contrast,
DOE has tentatively determined not to screen out intermittent pilot
ignition or pilot on-demand ignition.
Issue 7: DOE seeks comment regarding its tentative conclusion that
only intermittent pilot ignition and on-demand ignition pass the
screening criteria. DOE also requests comment on whether any other
technology options should pass the screening analysis.
3. Engineering Analysis
The purpose of the engineering analysis is to establish the
relationship between the efficiency and cost of MGPs. There are two
elements to consider in the engineering analysis; the selection of
efficiency levels to analyze (i.e., the ``efficiency analysis'') and
the determination of product cost at each efficiency level (i.e., the
``cost analysis''). In determining the performance of higher-efficiency
products, DOE considers technologies and design option combinations not
eliminated by the screening analysis. For each product class (or in
this case, each representative product group), DOE estimates the
manufacturer production cost (``MPC'') for the baseline as well as
higher efficiency levels. The output of the engineering analysis is a
set of cost-efficiency ``curves'' that are used in downstream analyses
(i.e., the life-cycle cost (``LCC'') and payback period (``PBP'')
analyses and the national impact analysis (``NIA'')). In this NODA, DOE
presents initial inputs and outputs for the engineering analysis and
solicits relevant data and information.
a. Design Options
As discussed in the June 2022 RFI, DOE is considering whether a
prescriptive design requirement would be appropriate for MGPs. 87 FR
35925, 35929. As noted in section III.C.2 of this document, DOE has
tentatively found that only intermittent pilot ignition and pilot on-
demand ignition would pass the screening criteria. For this NODA, DOE
tentatively focused its initial engineering analysis on the impacts of
a prescriptive design requirement that would prohibit the use of a
continuous pilot or pilot on-demand, as opposed to a performance-based
design standard and associated test procedure, because an intermittent
pilot ignition can reduce energy consumption of MGPs as compared to
continuous pilot and pilot on-demand ignition systems.
Additionally, as discussed in section III.B of this document, for
this analysis, DOE has tentatively divided MGPs into four
representative groups for analysis. For each of these groups, DOE
identified a baseline design that represents the most energy-
consumptive designs typical of that group. Specifically, for each MGP
product group, DOE has tentatively identified a standing pilot ignition
system as a baseline design characteristic. DOE has received feedback
from stakeholders that outdoor propane heaters which are not
permanently installed should not be included in its analysis because
the pilot on those units are not intended to stay lit when the product
is not in use. In its market research, DOE did identify propane-burning
products which provided instruction to extinguish the pilot when the
unit is not in use. However, DOE notes that the tentative description
of standing pilots which DOE is considering for this rulemaking (as
discussed in section III.C.1.b) considers a standing pilot to be a
pilot which is capable of burning indefinitely until manually turned
off. DOE notes that pilot systems for outdoor propane heaters which
provide additional instructions to extinguish the pilot light do not
match the description of an intermittent pilot because the pilot is not
necessarily extinguished automatically when the main burner is shut
off. Therefore, DOE has tentatively included outdoor propane heaters in
the analysis because they often include ignition systems that meet the
description of standing pilots.
Additionally, for each of the four product groups, DOE conducted
market research to evaluate what design options are often incorporated
in conjunction with standing pilot ignition that provides basic
functionality. Any components that are necessary for the product to
ignite the main burner and provide the necessary functionality are
included, while components that provide remote on/off functionality,
variable flame height, etc. are not included. These design options are
outlined in Table III.2.
Table III.2--Baseline Design Characteristics of Each Product Group
------------------------------------------------------------------------
Typical design characteristics for
Product group products including standing pilot
------------------------------------------------------------------------
Indoor vented gas log sets........ Standing pilot with manually-lit
pilot, on/off switch, and millivolt
gas valve.
Other indoor vented decorative Standing pilot with piezo ignition
hearth products. for pilot, on/off switch, and
millivolt gas valve.
Outdoor patio heaters............. Standing pilot with manually-lit
pilot and on/off switch.
Outdoor decorative hearths........ Standing pilot with piezo pilot
igniter and on/off switch.
------------------------------------------------------------------------
Issue 8: DOE requests comment regarding the baseline design
characteristics identified for each product group. DOE also requests
comment regarding whether additional clarity is needed regarding the
baseline design characteristics and the components in each design.
DOE then identified an alternative design for each product group
that could reduce the energy consumption of a standing pilot light. As
discussed,
[[Page 68937]]
DOE tentatively focused its initial engineering analysis for this NODA
on the impacts of a prescriptive design requirement that would prohibit
the use of a continuous pilot or pilot on-demand ignition systems.
Therefore, direct main burner ignition designs and other designs that
do not include pilots would not be affected by this rulemaking. The
design options typically found in products that include intermittent
pilot ignition and that offer similar consumer utility as comparable
products with constant pilot ignition systems are listed in Table III.3
for each of the four aforementioned product groups.
Table III.3--Design Characteristics Associated With Products That Do Not
Use Continuous Pilot or Pilot On-Demand
------------------------------------------------------------------------
Alternate design characteristics for
Product group products without standing pilot
------------------------------------------------------------------------
Indoor vented gas log sets........ Intermittent pilot with electronic
ignition, on/off switch, and
battery backup.
Other indoor vented decorative Intermittent pilot with electronic
hearth products. ignition, on/off switch, and
battery backup.
Outdoor patio heaters............. Intermittent pilot with electronic
ignition and on/off switch.
Outdoor decorative hearths........ Intermittent pilot with electronic
ignition and on/off switch.
------------------------------------------------------------------------
Issue 9: DOE requests comment regarding the alternate design
characteristics identified for each product group.
b. Teardown Analysis
For the current analysis, DOE plans to use physical teardowns to
estimate the cost to replace a continuous pilot with an intermittent
pilot. A physical teardown is an approach wherein DOE physically
dismantles a commercially available product, component-by-component, to
develop a detailed bill of materials (``BOM'') for the product. The
BOMs incorporate all materials, components, and fasteners (classified
as either raw materials or purchased parts and assemblies, and
characterize the materials and components by weight, manufacturing
processes used, dimensions, material, and quantity.
DOE uses the BOMs from the teardowns as inputs to calculate the MPC
for the representative product for each product type and for each
ignition type discussed in section. The materials and components in the
BOMs are converted into dollar values using a computer cost model. DOE
collects information on labor rates, tooling costs, raw material
prices, and other factors as inputs into the cost estimates.
For this NODA, DOE has developed draft MPCs using teardowns of
models from each of the for representative product groups. To compare
only the cost difference between standing pilot and intermittent pilot
models in each product group, DOE assessed the differences in major
components including the gas valve, the pilot assembly (pilot, sparker,
flame sensor, ignitor, thermocouple, etc.), the power supply, and the
battery pack, as applicable. DOE did not include costs for additional
features such as remote controls and accompanying remote receivers.
Remote control functionality may be found more commonly on intermittent
pilot ignition systems than on continuous pilot ignition systems, but
are not necessary for either type of ignition system, and therefore DOE
did not account for costs associated with such features.
For purchased parts, DOE estimates the purchase price based on
volume-variable price quotations and detailed discussions with
manufacturers and component suppliers. For parts fabricated in-house,
the prices of the underlying ``raw'' metals (e.g., tube, sheet metal)
are estimated on the basis of 5-year averages to smooth out spikes in
demand. Other ``raw'' materials, such as plastic resins, insulation
materials, etc., are estimated on a current-market basis. The costs of
raw materials are based on manufacturer interviews, quotes from
suppliers, and secondary research. Past results are updated
periodically and/or inflated to present-day prices using indices from
resources such as MEPS Intl.,\9\ PolymerUpdate,\10\ the U.S. geologic
survey (``USGS''),\11\ and the Bureau of Labor Statistics
(``BLS'').\12\ The cost of transforming the intermediate materials into
finished parts is estimated based on current industry pricing.
---------------------------------------------------------------------------
\9\ For more information on MEPS Intl, please visit:
www.meps.co.uk/ (Last accessed Sept. 23, 2022).
\10\ For more information on PolymerUpdate, please visit:
www.polymerupdate.com (Last accessed Sept. 23, 2022).
\11\ For more information on the USGS metal price statistics,
please visit www.usgs.gov/centers/nmic/commodity-statistics-and-information (Last accessed Sept. 23, 2022).
\12\ For more information on the BLS producer price indices,
please visit: www.bls.gov/ppi/ (Last accessed Sept. 23, 2022).
---------------------------------------------------------------------------
The MPC is, in part, a function of the annual production volume
since the production volume typically impacts the price the manufacture
pays for sourced components. The production volumes used in this
analysis are intended to reflect an average manufacturer in each
product group and are shown in Table III.4.
Table III.4--Estimated Product Volumes for MGPs
------------------------------------------------------------------------
Annual
Product group production
volume
------------------------------------------------------------------------
Indoor vented gas log sets.............................. 8,750
Other indoor vented decorative hearth products.......... 17,500
Outdoor patio heaters................................... 8,750
Outdoor decorative hearths.............................. 8,750
------------------------------------------------------------------------
The results of the engineering analysis performed for this NODA are
shown in Table III.5. The MPCs of the ``baseline design'' reflect the
cost to manufacture a basic design of a product that utilizes a
continuous pilot in each category, while the MPC for the ``alternate
ignition system'' reflects the MPC to manufacture an identical product
that utilizes an intermittent pilot ignition system rather than a
continuous pilot system. The MPC difference accounts for all design
changes necessary to replace the continuous pilot system with the
intermittent system.
[[Page 68938]]
Table III.5--Estimated Typical Manufacturer Production Costs
----------------------------------------------------------------------------------------------------------------
Alternate ignition
Product group Baseline design Baseline MPC system Alternate MPC
----------------------------------------------------------------------------------------------------------------
Indoor vented gas log sets........ Standing pilot with $223.95 Intermittent pilot $274.42
manually-lit pilot, with electronic
on/off switch and ignition, on/off
millivolt gas valve. switch, and battery
backup.
Other indoor decorative hearth Standing pilot with 340.30 Intermittent pilot 365.80
products. piezo ignition for with electronic
pilot, on/off ignition, on/off
switch, and switch, and battery
millivolt gas valve. backup.
Outdoor patio heaters............. Standing pilot with 235.32 Intermittent pilot 294.45
manually-lit pilot with electronic
and on/off switch. ignition and on/off
switch.
Outdoor decorative hearths........ Standing pilot with 167.17 Intermittent pilot 252.99
piezo igniter (for with electronic
lighting the pilot) ignition and on/off
and on/off switch. switch.
----------------------------------------------------------------------------------------------------------------
Issue 10: DOE seeks comment regarding the estimated MPCs for each
product group. Further, DOE seeks specific cost information and data
about MGP ignition system components. These components include the gas
valves, the pilot assembly, the power supply, and the battery pack.
Issue 11: DOE seeks feedback regarding the average production
volumes used in this analysis, and whether these values are
representative of the MGP market.
DOE converts MPC to the manufacturer selling price (``MSP'') by
multiplying by the manufacturer markup. MSP is the price the
manufacturer charges its first customer, when selling into product
distribution channels. MSPs include direct manufacturing production
costs (i.e., labor, materials, and overhead estimated in MPCs), non-
production costs (i.e., SG&A, R&D, and interest), and profit.
The manufacturer markup accounts for manufacturer non-production
costs and profit. DOE multiplied MPCs by an industry average
manufacturer markup of 1.5 to estimate MSPs.
Issue 12: DOE requests feedback on the industry average
manufacturer markup of 1.5 and whether this value is representative of
the MGP market. Additionally, DOE requests feedback on whether the
average manufacturer markups varies significantly across four groups:
indoor vented gas log sets, other indoor vented decorative hearths,
outdoor patio heaters; and outdoor decorative hearths.
4. Energy Use Analysis
The purpose of the energy use analysis is to determine the annual
energy consumption of MGPs at different efficiencies in representative
U.S. single-family homes, and multi-family residences, and to assess
the energy savings potential of increased MGP efficiency. The energy
use analysis estimates the range of energy use of MGPs in the field
(i.e., as they are actually used by consumers). The energy use analysis
provides the basis for other analyses DOE performed, particularly
assessments of the energy savings and the savings in consumer operating
costs that could result from adoption of amended or new standards.
In order to estimate the energy consumption of standing pilot
lights in MGPs, DOE must estimate the fraction of consumers that leave
their standing pilots on all year long vs. those that shut off the
standing pilot during some portion of the year. Table III.6 presents
standing pilot usage data from a survey of hearth products in U.S.
homes.\13\ The average operating hours for standing pilot lights from
this survey are 4593 hours per year. The survey primarily included
respondents with indoor fireplaces, log sets, or stoves, although a
small fraction of survey respondents had outdoor units. For outdoor
decorative products, DOE does not have any data suggesting that
standing pilot usage behavior is substantially different. For outdoor
heaters, DOE assumed in the proposed and final coverage determination
that standing pilot usage is 50 percent that of outdoor decorative
hearth products. 87 FR 6786, 6791. For portable propane outdoor units,
such as portable outdoor patio heaters, DOE assumes that standing
pilots are never left on as that would quickly drain the portable tank.
---------------------------------------------------------------------------
\13\ Siap, D. et al. (2017), ``Survey of Hearth Products in U.S.
Homes'', Lawrence Berkeley National Laboratory. (Available at:
ees.lbl.gov/publications/survey-hearth-products-us-homes) (last
accessed Oct. 4, 2022).
Table III.6--Standing Pilot Usage
------------------------------------------------------------------------
Fraction of
Standing pilot use consumers
------------------------------------------------------------------------
Always on............................................... 35%
Off when hearth is off.................................. 33%
Off in summer........................................... 32%
---------------
Total............................................... 100%
------------------------------------------------------------------------
As discussed in section III.C.1.b, an on-demand pilot will turn off
automatically after a certain period of time (typically one week), but
not immediately after the unit is turned off. Survey data \14\ suggest
that MGP users use their products at least once a week on average
during the heating season and therefore the average period between last
use and automatic turn-off is one week. As a result, on-demand pilot
lights operate for a similar amount of time during the heating season
as standing pilots.
---------------------------------------------------------------------------
\14\ Id.
---------------------------------------------------------------------------
Issue 13: DOE seeks comment regarding the estimated MGP operating
hours for standing pilots.
5. Life-Cycle Cost and Payback Period Analyses
The effect of new or amended energy conservation standards on
individual consumers usually involves a reduction in operating cost and
an increase in purchase cost. DOE used the following two metrics to
measure consumer impacts:
The LCC is the total consumer expense of an appliance or
product over the life of that product, consisting of total installed
cost (manufacturer selling price, distribution chain markups, sales
tax, and installation costs) plus operating costs (expenses for energy
use, maintenance, and repair). To compute the operating costs, DOE
discounts future operating costs to the time of purchase and sums them
over the lifetime of the product.
The PBP is the estimated amount of time (in years) it
takes consumers to recover the increased purchase cost (including
installation) of a more-efficient product through lower operating
costs. DOE calculates the PBP by dividing the change in purchase cost
at higher efficiency levels by the change in annual operating cost for
the year that amended or new standards are assumed to take effect.
In order to estimate the LCC and PBP for MGPs, DOE must estimate
several input parameters including average product lifetime, repair and
maintenance costs, and the distribution of different ignition types in
the market.
[[Page 68939]]
In the February 2015 NOPR, DOE estimated that the average lifetime
of MGPs was 15 years, with a minimum lifetime of 5 years and a maximum
lifetime of 30 years.\15\ This lifetime estimate was the same across
all product categories. DOE continues to estimate the same average
lifetime for MGPs.
---------------------------------------------------------------------------
\15\ See chapter 8 of the Technical Support Document for the
February 2015 NOPR. (Available at: www.regulations.gov/document/EERE-2014-BT-STD-0036-0002) (last accessed Oct. 4, 2022).
---------------------------------------------------------------------------
In the February 2015 NOPR, DOE estimated repair costs for standing
pilot lights and intermittent ignition systems.\16\ These estimates are
presented in Table III.7 and Table III.8, corrected to 2021$ using the
Consumer Price Index. Labor hours are estimated from RSMeans 2022 data.
---------------------------------------------------------------------------
\16\ Id.
Table III.7--Repair Cost Estimates
----------------------------------------------------------------------------------------------------------------
Total labor
Repair description Group hours Cost
----------------------------------------------------------------------------------------------------------------
Standing Pilot Ignition....................... Indoor Vented Gas Log Sets...... 1.50 $39.10
Indoor Other Decorative Hearth 1.50 62.40
Products.
Outdoor Patio Heaters........... 1.50 107.73
Outdoor Decorative Hearths...... 1.50 107.73
Intermittent Ignition......................... Indoor Vented Gas Log Sets...... 1.50 127.80
Indoor Other Decorative Hearth 1.50 97.57
Products.
Outdoor Patio Heaters........... 1.50 177.75
Outdoor Decorative Hearths...... 1.50 177.75
----------------------------------------------------------------------------------------------------------------
Table III.8--Labor Cost Estimates
----------------------------------------------------------------------------------------------------------------
Cost per labor-hour
Crew type Crew description Laborers per -------------------------------
crew Bare costs Incl. O&P *
----------------------------------------------------------------------------------------------------------------
Q1 *.................................. 1 Plumber, 1 Plumber 2 $37.70 $61.50
Apprentice.
----------------------------------------------------------------------------------------------------------------
In the February 2015 NOPR, DOE estimated that approximately 14
percent of MGPs would experience an ignition system failure over the
lifetime of the product. If the failure occurred in the first year, DOE
assumed that the cost was covered by warranty; if the failure occurred
between 2 and 5 years, the consumer only paid labor costs; and if the
failure occurred after 5 years, the consumer paid labor and material
costs for the repair.\17\ DOE continues to estimate these same repair
costs for MGPs.
---------------------------------------------------------------------------
\17\ Id.
---------------------------------------------------------------------------
In order to estimate the fraction of consumers impacted by an
energy conservation standard at a given efficiency level, DOE must
estimate the distributions across different efficiency levels in the
market. A 2017 survey on hearth products in U.S. homes found that, at
the time, most consumers had MGPs with a standing pilot, as seen in
Table III.9.\18\ A more recent examination of models available on the
market (from retailer/manufacturer websites and product literature from
manufacturers of MGPs, as discussed in section III.C.1.a) shows some
variation among product groupings. In particular, there are fewer of
Other Indoor Vented Decorative Hearths, Outdoor Decorative Hearths, and
Outdoor Patio Heaters with a standing pilot. In particular, portable
propane units that fall within outdoor decorative hearths and outdoor
patio heaters do not have a standing pilot as that would quickly drain
the propane tank. DOE does not intend to analyze these portable propane
products. The updated estimates based on DOE's recent market research
are shown in Table III.10.
---------------------------------------------------------------------------
\18\ Siap, D. et al. (2017), ``Survey of Hearth Products in U.S.
Homes'', Lawrence Berkeley National Laboratory. (Available at:
ees.lbl.gov/publications/survey-hearth-products-us-homes) (last
accessed Oct. 4, 2022).
Table III.9--Ignition Type Distribution in the No-New-Standards Case
From 2017 Survey
------------------------------------------------------------------------
Market share
Ignition type (percent)
------------------------------------------------------------------------
Standing Pilot.......................................... 67
Intermittent Pilot...................................... 19
Manually-lit............................................ 14
---------------
Total............................................... 100
------------------------------------------------------------------------
Table III.10--Ignition Type Distribution in the No-New-Standards Case
From Available Models on the Market in DOE's Current Database
------------------------------------------------------------------------
Pilot type by Share
Product group category (percent)
------------------------------------------------------------------------
Indoor Vented Gas Log Sets........ Intermittent or On 23
Demand Pilot.
Standing Pilot...... 72
Direct Main Burner 5
Ignition.
Other Indoor Vented Decorative Intermittent or On 64
Hearth Products. Demand Pilot.
Standing Pilot...... 36
Direct Main Burner 0
Ignition.
Outdoor Decorative Hearths........ Intermittent or On 28
Demand Pilot.
Standing Pilot...... 27
Direct Main Burner 45
Ignition.
Outdoor Patio Heaters............. Intermittent or On 8
Demand Pilot.
Standing Pilot...... 22
[[Page 68940]]
Direct Main Burner 70
Ignition.
------------------------------------------------------------------------
Issue 14: DOE seeks comment regarding the estimated MGP lifetime,
particularly if there are differences among product categories (such as
indoor/outdoor products).
Issue 15: DOE seeks comment regarding the estimated MGP repair
costs.
Issue 16: DOE seeks comment regarding the estimated distribution of
ignition types among MGPs and the estimated fraction of products with
main burners that are manually lit.
6. National Impact Analysis
The NIA estimates the national energy savings (``NES'') and the net
present value (``NPV'') of total consumer costs and savings expected to
result from new standards at specific efficiency levels (referred to as
candidate standard levels).\19\ DOE calculates the NES and NPV for the
potential standard levels considered based on projections of annual
product shipments, along with the annual energy consumption and total
installed cost data from the energy use and LCC analyses. For the
present analysis, DOE projected the energy savings, operating cost
savings, product costs, and NPV of consumer benefits over the lifetime
of MGPs sold from 2029-2058.
---------------------------------------------------------------------------
\19\ The NIA accounts for impacts in the 50 states and U.S.
territories.
---------------------------------------------------------------------------
DOE evaluates the impacts of new or amended standards by comparing
a case without such standards with standards-case projections (``no-
new-standards case''). The no-new-standards case characterizes energy
use and consumer costs for each product class in the absence of new or
amended energy conservation standards. For this projection, DOE
considers historical trends in efficiency and various forces that are
likely to affect the mix of efficiencies over time. DOE compares the
no-new-standards case with projections characterizing the market for
each product class if DOE adopted new or amended standards at specific
energy efficiency levels for that class. For each efficiency level, DOE
considers how a given standard would likely affect the market shares of
product with efficiencies greater than the standard.
In order to estimate national impacts from 30 years of MGP
shipments, DOE must project future MGP shipments for each product
grouping based on historical shipments. For the February 2015 NOPR, DOE
received total historical shipment data from HPBA, however these data
included product categories that are not part of the current MGP
analysis.\20\ DOE notes that patio heaters were not included in the
submitted shipment data. DOE received additional data from HPBA to
clarify the categorization of some product groupings. From these data,
DOE estimated the market shares of various product types as shown in
Table III.12. Some of these product categories do not fall under the
definition of MGP, therefore the corrected market shares of MGP product
categories from the shipment data is shown in Table III.12. From these
market share and historical shipment data, DOE estimates total
historical MGP shipments as shown in Table III.13. DOE notes that
outdoor portable propane units are included in these market share
estimates and requests comment on their market share, so that they may
be excluded from the analysis.
---------------------------------------------------------------------------
\20\ See chapter 9 of the Technical Support Document for the
February 2015 NOPR. (Available at: www.regulations.gov/document/EERE-2014-BT-STD-0036-0002) (last accessed Oct. 4, 2022).
Table III.11--Market Share of Product Categories From Submitted Shipment
Data
------------------------------------------------------------------------
Market share
Product type (percent)
------------------------------------------------------------------------
Vented Fireplace........................................ 50.4
Unvented Fireplace...................................... 4.1
Vented Stove............................................ 4.1
Unvented Stove.......................................... 0.5
Vented Insert........................................... 7.2
Unvented Insert......................................... 0.2
Vented Gas Log.......................................... 6.7
Unvented Gas Log........................................ 20.1
Outdoor Units (Excluding Patio Heaters)................. 6.7
---------------
Total............................................... 100.0
------------------------------------------------------------------------
Table III.12--Market Share of MGP Product Categories Estimated From
Previous Data
------------------------------------------------------------------------
Market share
Product group (percent)
------------------------------------------------------------------------
Indoor Vented Gas Log Sets.............................. 8.2
Indoor Other Decorative Hearth Products................. 75.8
Outdoor Patio Heaters................................... 7.8
Outdoor Decorative Hearths.............................. 8.2
---------------
Total............................................... 100.0
------------------------------------------------------------------------
Table III.13--Estimated Historical Shipments of MGPs
------------------------------------------------------------------------
Total
historical
Year shipments of
MGPs
------------------------------------------------------------------------
2005.................................................... 1,338,749
2006.................................................... 1,029,272
2007.................................................... 892,789
2008.................................................... 621,562
2009.................................................... 365,983
2010.................................................... 385,108
2011.................................................... 334,687
2012.................................................... 345,119
2013.................................................... 464,216
2014.................................................... 319,885
2015.................................................... 412,812
2016.................................................... 379,017
2017.................................................... 416,992
2018.................................................... 406,917
2019.................................................... 377,377
2020.................................................... 395,499
2021.................................................... 455,259
------------------------------------------------------------------------
A more recent examination of models available on the market (from
retailer/manufacturer websites and product literature from
manufacturers of MGPs) based on DOE's current market database (as
discussed in section III.C.1.a) shows some variation from the above
market shares. These market shares are shown in Table III.14. DOE again
notes that outdoor portable propane units are included in these market
share estimates and requests comment on their market share, so that
they may be excluded from the analysis.
Table III.14--Market Share Breakdown of MGP Product Groups in Current
Database
------------------------------------------------------------------------
Market share
Product group (percent)
------------------------------------------------------------------------
Indoor Vented Gas Log Sets.............................. 48
[[Page 68941]]
Other Indoor Vented Decorative Hearth Products.......... 6
Outdoor Patio Heaters................................... 8
Outdoor Decorative Hearths.............................. 38
------------------------------------------------------------------------
Issue 17: DOE seeks comment regarding the estimated shipments of
MGPs and the market shares of different MGP product categories. In
particular, DOE requests comment on the market share of portable
propane outdoor units so that they may be excluded from the analysis.
7. Manufacturer Impact Analysis
The purpose of the manufacturer impact analysis (``MIA'') is to
identify and quantify the impacts of any potential new and/or amended
energy conservation standards on manufacturers. DOE conducts the MIA in
three phases, and further tailors the analytical framework based on the
comments it receives. In Phase I, DOE creates an industry profile to
characterize the industry and identify important issues that require
consideration. In Phase II, DOE prepares an industry cash-flow model
and considers what information it might gather in manufacturer
interviews. In Phase III, DOE's contractors interview manufacturers and
assesses the impacts of standards both quantitatively and
qualitatively.
As part of DOE's rulemaking process, DOE's contractors reached out
to MGP manufacturers to conduct confidential manufacturer interviews in
2022. The interviews covered a range of topics, including manufacturer
key concerns, technology options, production costs, conversion costs,
financial metrics, market shares, shipment levels, manufacturer markup,
and competitive concerns. Given the sensitive nature of these topics,
the interviews were conducted under nondisclosure agreement with DOE's
contractors to ensure attributable data and sensitive business
information was maintained as confidential. Only aggregate information
was provided to the Department. DOE's contractors conducted interviews
with manufacturers that sell product in each of the groups: indoor
vented gas log sets, other indoor decorative hearth products, outdoor
patio heaters, and outdoor decorative hearths. The interviews provided
broadest coverage of indoor vented gas log set manufacturers. The
interviews included manufacturers that account for 39% of indoor vented
gas log sets models in the DOE-compiled product database.
IV. Public Participation
A. Submission of Comments
DOE will accept comments, data, and information regarding this NODA
no later than the date provided in the DATES section at the beginning
of this document. Interested parties may submit comments, data, and
other information using any of the methods described in the ADDRESSES
section at the beginning of this document.
Submitting comments via www.regulations.gov. The
www.regulations.gov web page will require you to provide your name and
contact information. Your contact information will be viewable to DOE
Building Technologies staff only. Your contact information will not be
publicly viewable except for your first and last names, organization
name (if any), and submitter representative name (if any). If your
comment is not processed properly because of technical difficulties,
DOE will use this information to contact you. If DOE cannot read your
comment due to technical difficulties and cannot contact you for
clarification, DOE may not be able to consider your comment.
However, your contact information will be publicly viewable if you
include it in the comment itself or in any documents attached to your
comment. Any information that you do not want to be publicly viewable
should not be included in your comment, nor in any document attached to
your comment. Otherwise, persons viewing comments will see only first
and last names, organization names, correspondence containing comments,
and any documents submitted with the comments.
Do not submit to www.regulations.gov information for which
disclosure is restricted by statute, such as trade secrets and
commercial or financial information (hereinafter referred to as
Confidential Business Information (``CBI'')). Comments submitted
through www.regulations.gov cannot be claimed as CBI. Comments received
through the website will waive any CBI claims for the information
submitted. For information on submitting CBI, see the Confidential
Business Information section.
DOE processes submissions made through www.regulations.gov before
posting. Normally, comments will be posted within a few days of being
submitted. However, if large volumes of comments are being processed
simultaneously, your comment may not be viewable for up to several
weeks. Please keep the comment tracking number that www.regulations.gov
provides after you have successfully uploaded your comment.
Submitting comments via email, hand delivery/courier, or postal
mail. Comments and documents submitted via email, hand delivery/
courier, or postal mail also will be posted to www.regulations.gov. If
you do not want your personal contact information to be publicly
viewable, do not include it in your comment or any accompanying
documents. Instead, provide your contact information in a cover letter.
Include your first and last names, email address, telephone number, and
optional mailing address. The cover letter will not be publicly
viewable as long as it does not include any comments.
Include contact information each time you submit comments, data,
documents, and other information to DOE. If you submit via postal mail
or hand delivery/courier, please provide all items on a CD, if
feasible, in which case it is not necessary to submit printed copies.
No telefacsimiles (``faxes'') will be accepted.
Comments, data, and other information submitted to DOE
electronically should be provided in PDF (preferred), Microsoft Word or
Excel, WordPerfect, or text (ASCII) file format. Provide documents that
are not secured, that are written in English, and that are 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.
[[Page 68942]]
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).
B. Issues on Which DOE Seeks Comment
Issue 1: DOE requests comment on its tentative decision to exclude
gas lights and portable propane products from the current analysis. DOE
also requests comment on an appropriate definition for gas lights in
order to distinguish them from other miscellaneous gas products. DOE
also requests comment on whether any other products should be excluded
from the current rulemaking.
Issue 2: DOE requests comment regarding these four representative
product groups.
Issue 3: DOE requests comment on the OEMs identified for each
representative group: indoor vented gas log sets; other indoor vented
decorative hearths; outdoor patio heaters; and outdoor decorative
hearths. Additionally, DOE requests data on the number of OEMs with
domestic production facilities for each group. DOE also requests
comment on names of OEMs of MGPs that DOE did not identify in Table
III.1.
Issue 4: DOE seeks comment regarding whether there are any ignition
methods that are not captured in this section, or if any of the listed
methods are not applicable to MGPs. DOE also seeks comment on whether
the above descriptions for each ignition method accurately reflect the
industry's understanding.
Issue 5: DOE seeks comment regarding whether there are any pilot
light technologies that are not captured in this section, or if any of
the listed technologies are not applicable to MGPs. DOE also requests
comment about any subsets of MGPs in which it would not be feasible to
implement the aforementioned technologies. DOE also seeks comment on
whether the above descriptions for each pilot light technology
accurately reflect the industry's understanding. Finally, DOE seeks
comment on the potential combinations of ignition systems and pilot
lights that are available on the market, and on the prevalence of these
combinations in each product group.
Issue 6: DOE requests comment regarding whether these technology
options would impact the energy efficiency and/or energy use of MGPs.
In addition, DOE requests comment on whether any other technologies are
available to reduce the energy consumption of MGPs.
Issue 7: DOE seeks comment regarding its tentative conclusion that
only intermittent pilot ignition and on-demand ignition pass the
screening criteria. DOE also requests comment on whether any other
technology options should pass the screening analysis.
Issue 8: DOE requests comment regarding the baseline design
characteristics identified for each product group. DOE also requests
comment regarding whether additional clarity is needed regarding the
baseline design characteristics and the components in each design.
Issue 9: DOE requests comment regarding the alternate design
characteristics identified for each product group.
Issue 10: DOE seeks comment regarding the estimated MPCs for each
product group. Further, DOE seeks specific cost information and data
about MGP ignition system components. These components include the gas
valves, the pilot assembly, the power supply, and the battery pack.
Issue 11: DOE seeks feedback regarding the average production
volumes used in this analysis, and whether these values are
representative of the MGP market.
Issue 12: DOE requests feedback on the industry average
manufacturer markup of 1.5 and whether this value is representative of
the MGP market. Additionally, DOE requests feedback on whether the
average manufacturer markups varies significantly across four groups:
indoor vented gas log sets, other indoor vented decorative hearths,
outdoor patio heaters; and outdoor decorative hearths.
Issue 13: DOE seeks comment regarding the estimated MGP operating
hours for standing pilots.
Issue 14: DOE seeks comment regarding the estimated MGP lifetime,
particularly if there are differences among product categories (such as
indoor/outdoor products).
Issue 15: DOE seeks comment regarding the estimated MGP repair
costs.
Issue 16: DOE seeks comment regarding the estimated distribution of
ignition types among MGPs and the estimated fraction of products with
main burners that are manually lit.
Issue 17: DOE seeks comment regarding the estimated shipments of
MGPs and the market shares of different MGP product categories. In
particular, DOE requests comment on the market share of portable
propane outdoor units so that they may be excluded from the analysis.
V. Approval of the Office of the Secretary
The Secretary of Energy has approved publication of this
notification of the availability of the preliminary technical support
document and request for comment.
Signing Authority
This document of the Department of Energy was signed on November 7,
2022, by Francisco Alejandro Moreno, Acting 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 November 10, 2022.
Treena V. Garrett,
Federal Register Liaison Officer, U.S. Department of Energy.
[FR Doc. 2022-24925 Filed 11-16-22; 8:45 am]
BILLING CODE 6450-01-P