Energy Conservation Program: Energy Conservation Standards for Oil, Electric, and Weatherized Gas Consumer Furnaces, 73259-73267 [2022-25952]

Agencies

• DEPARTMENT OF ENERGY

[Federal Register Volume 87, Number 228 (Tuesday, November 29, 2022)]
[Proposed Rules]
[Pages 73259-73267]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-25952]


========================================================================
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. 228 / Tuesday, November 29, 2022 / 
Proposed Rules

[[Page 73259]]



DEPARTMENT OF ENERGY

10 CFR Part 430

[EERE-2021-BT-STD-0031]
RIN 1904-AF19


Energy Conservation Program: Energy Conservation Standards for 
Oil, Electric, and Weatherized Gas Consumer Furnaces

AGENCY: Office of Energy Efficiency and Renewable Energy, Department of 
Energy.

ACTION: Notification of availability of preliminary technical support 
document and request for comment.

-----------------------------------------------------------------------

SUMMARY: The U.S. Department of Energy (``DOE'') announces the 
availability of the preliminary analysis it has conducted for purposes 
of evaluating the need for amended energy conservation standards for 
non-weatherized oil-fired furnaces (``NWOFs''), mobile home oil-fired 
furnaces (``MHOFs''), weatherized gas furnaces (``WGFs''), weatherized 
oil-fired furnaces (``WOFs''), and electric furnaces (``EFs''). The 
analysis is set forth in the Department's accompanying preliminary 
technical support document (``TSD'') for this rulemaking. DOE will hold 
a public meeting via webinar to discuss and receive comment on the 
preliminary analysis. The meeting will cover the analytical framework, 
models, and tools used to evaluate potential standards; the results of 
preliminary analyses performed by DOE; the potential energy 
conservation standard levels derived from these analyses (if DOE 
determines that proposed amendments are necessary); and other relevant 
issues. In addition, DOE encourages written comments on these subjects.

DATES: 
    Comments: Written comments and information will be accepted on or 
before, January 30, 2023.
    Meeting: DOE will hold a webinar on Monday, December 19, 2022, from 
1:00 p.m. to 4:00 p.m. See section IV, ``Public Participation,'' for 
webinar registration information, participant instructions and 
information about the capabilities available to webinar participants.

ADDRESSES: Interested persons are encouraged to submit comments using 
the Federal eRulemaking Portal at www.regulations.gov, under docket 
number EERE-2021-BT-STD-0031. Follow the instructions for submitting 
comments. Alternatively, interested persons may submit comments, 
identified by docket number EERE-2021-BT-STD-0031, by any of the 
following methods:
    Email: [email protected]. Include the docket 
number EERE-2021-BT-STD-0031 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.
    To inform interested parties and to facilitate this rulemaking 
process, DOE has prepared an agenda, a preliminary TSD, and briefing 
materials, which are available on the DOE website at: https://www.regulations.gov/document/EERE-2021-BT-STD-0031-0011.
    Docket: The docket for this activity, which includes Federal 
Register notices, comments, webinar transcripts, and other supporting 
documents/materials, is available for review at www.regulations.gov. 
All documents in the docket are listed in the www.regulations.gov 
index. However, some documents listed in the index, such as those 
containing information that is exempt from public disclosure, may not 
be publicly available.
    The docket web page can be found at www.regulations.gov/docket/EERE-2021-BT-STD-0031. The docket web page contains instructions on how 
to access all documents, including public comments in the docket. See 
section IV.D 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) 
597-6737. Email: [email protected].
    Ms. Kathryn McIntosh, U.S. Department of Energy, Office of the 
General Counsel, GC-33, 1000 Independence Avenue SW, Washington, DC 
20585-0121. Telephone: (202) 586-2002. Email: 
[email protected].
    For further information on how to submit a comment, review other 
public comments and the docket, or participate in the webinar, contact 
the Appliance and Equipment Standards Program staff at (202) 287-1445 
or by Email: [email protected].

SUPPLEMENTARY INFORMATION: 

Table of Contents

I. Introduction
    A. Authority
    B. Rulemaking Process
    C. Deviation From Appendix A
II. Background
    A. Current Standards
    B. Current Process
III. Summary of the Analyses Performed by DOE
    A. Market and Technology Assessment
    B. Screening Analysis
    C. Engineering Analysis
    D. Markups Analysis
    E. Energy Use Analysis
    F. Life-Cycle Cost and Payback Period Analyses
    G. National Impact Analysis
IV. Public Participation
    A. Participation in the Webinar
    B. Procedure for Submitting Prepared General Statements for 
Distribution
    C. Conduct of the Webinar
    D. Submission of Comments
V. Approval of the Office of the Secretary

[[Page 73260]]

I. Introduction

A. Authority

    The Energy Policy and Conservation Act, as amended (``EPCA''),\1\ 
authorizes DOE to regulate the energy efficiency of a number of 
consumer products and certain industrial equipment. (42 U.S.C. 6291-
6317) Title III, Part B \2\ of EPCA established the Energy Conservation 
Program for Consumer Products Other Than Automobiles. These products 
include NWOFs, MHOFs, WGFs, WOFs, and EFs (collectively, oil, electric, 
and weatherized gas consumer furnaces), the subject of this document. 
(42 U.S.C. 6292(a)(5)) EPCA prescribed initial energy conservation 
standards for these products (42 U.S.C. 6295(f)(1)-(2)), and directed 
DOE to conduct two cycles of rulemakings to determine whether to amend 
these standards. (42 U.S.C. 6295(f)(4)) EPCA further provides that, not 
later than 6 years after the issuance of any final rule establishing or 
amending a standard, DOE must publish either a notification of 
determination that standards for the product do not need to be amended, 
or a notice of proposed rulemaking (``NOPR'') including new proposed 
energy conservation standards (proceeding to a final rule, as 
appropriate). (42 U.S.C. 6295(m)(1)) Not later than three years after 
issuance of a final determination not to amend standards, DOE must 
publish either a notice of determination that standards for the product 
do not need to be amended, or a NOPR including new proposed energy 
conservation standards (proceeding to a final rule, as appropriate). 
(42 U.S.C. 6295(m)(3)(B)) DOE must make the analysis on which a 
determination is based publicly available and provide an opportunity 
for written comment. (42 U.S.C. 6295(m)(2)).
---------------------------------------------------------------------------

    \1\ All references to EPCA in this document refer to the statute 
as amended through the Energy Act of 2020, Pub. L. 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.
---------------------------------------------------------------------------

    Under EPCA, any new or amended energy conservation standard must be 
designed to achieve the maximum improvement in energy efficiency that 
DOE determines is technologically feasible and economically justified. 
(42 U.S.C. 6295(o)(2)(A)) Furthermore, the new or amended standard must 
result in a significant conservation of energy. (42 U.S.C. 
6295(o)(3)(B))
    DOE is publishing this Preliminary Analysis to collect data and 
information to inform its decision consistent with its obligations 
under EPCA.

B. Rulemaking Process

    DOE must follow specific statutory criteria for prescribing new or 
amended standards for covered products, including oil, electric, and 
weatherized gas consumer furnaces. As noted, EPCA requires that any new 
or amended energy conservation standard prescribed by the Secretary of 
Energy (``Secretary'') be designed to achieve the maximum improvement 
in energy efficiency (or water efficiency for certain products 
specified by EPCA) that is technologically feasible and economically 
justified. (42 U.S.C. 6295(o)(2)(A)) Furthermore, DOE may not adopt any 
standard that would not result in the significant conservation of 
energy. (42 U.S.C. 6295(o)(3))
    The significance of energy savings offered by a new or amended 
energy conservation standard cannot be determined without knowledge of 
the specific circumstances surrounding a given rulemaking.\3\ For 
example, some covered products and equipment have most of their energy 
consumption occur during periods of peak energy demand. The impacts of 
these products on the energy infrastructure can be more pronounced than 
products with relatively constant demand. Accordingly, DOE evaluates 
the significance of energy savings on a case-by-case basis, taking into 
account the significance of cumulative FFC national energy savings, the 
cumulative FFC emissions reductions, and the need to confront the 
global climate crisis, among other factors.
---------------------------------------------------------------------------

    \3\ Procedures, Interpretations, and Policies for Consideration 
in New or Revised Energy Conservation Standards and Test Procedures 
for Consumer Products and Commercial/Industrial Equipment, 86 FR 
70892, 70901 (Dec. 13, 2021).
---------------------------------------------------------------------------

    DOE has initially determined the energy savings for the candidate 
standard levels evaluated in this preliminary analysis rulemaking are 
``significant'' within the meaning of 42 U.S.C. 6295(o)(3)(B).
    To determine whether a standard is economically justified, EPCA 
requires that DOE determine whether the benefits of the standard exceed 
its burdens by considering, to the greatest extent practicable, the 
following seven factors:
    (1) The economic impact of the standard on the manufacturers and 
consumers of the products subject to the standard;
    (2) The savings in operating costs throughout the estimated average 
life of the covered products in the type (or class) compared to any 
increase in the price, initial charges, or maintenance expenses for the 
covered products that are likely to result from the standard;
    (3) The total projected amount of energy (or as applicable, water) 
savings likely to result directly from the standard;
    (4) Any lessening of the utility or the performance of the products 
likely to result from the standard;
    (5) The impact of any lessening of competition, as determined in 
writing by the Attorney General, that is likely to result from the 
standard;
    (6) The need for national energy and water conservation; and
    (7) Other factors the Secretary of Energy (Secretary) considers 
relevant.
(42 U.S.C. 6295(o)(2)(B)(i)(I)-(VII))

    DOE fulfills these and other applicable requirements by conducting 
a series of analyses throughout the rulemaking process. Table I.1 shows 
the individual analyses that are performed to satisfy each of the 
requirements within EPCA.

       Table I.1--EPCA Requirements and Corresponding DOE Analysis
------------------------------------------------------------------------
            EPCA requirement                Corresponding DOE analysis
------------------------------------------------------------------------
Significant Energy Savings.............   Shipments Analysis.
                                          National Impact
                                          Analysis.
                                          Energy Use Analysis.
Technological Feasibility..............   Market and Technology
                                          Assessment.
                                          Screening Analysis.
                                          Engineering Analysis.
Economic Justification:

[[Page 73261]]

 
1. Economic impact on manufacturers and   Manufacturer Impact
 consumers.                               Analysis.
                                          Life-Cycle Cost and
                                          Payback Period Analysis.
                                          Life-Cycle Cost
                                          Subgroup Analysis.
                                          Shipments Analysis.
2. Lifetime operating cost savings        Markups for Product
 compared to increased cost for the       Price Analysis.
 product.                                 Energy Use Analysis.
                                          Life-Cycle Cost and
                                          Payback Period Analysis.
3. Total projected energy savings......   Shipments Analysis.
                                          National Impact
                                          Analysis.
4. Impact on utility or performance....   Screening Analysis.
                                          Engineering Analysis.
5. Impact of any lessening of             Manufacturer Impact
 competition.                             Analysis.
6. Need for national energy and water     Shipments Analysis.
 conservation.                            National Impact
                                          Analysis.
7. Other factors the Secretary            Employment Impact
 considers relevant.                      Analysis.
                                          Utility Impact
                                          Analysis.
                                          Emissions Analysis.
                                          Monetization of
                                          Emission Reductions
                                          Benefits.\4\
                                          Regulatory Impact
                                          Analysis.
------------------------------------------------------------------------

    Further, EPCA establishes a rebuttable presumption that a standard 
is economically justified if the Secretary finds that the additional 
cost to the consumer of purchasing a product complying with an energy 
conservation standard level will be less than three times the value of 
the energy savings during the first year that the consumer will receive 
as a result of the standard, as calculated under the applicable test 
procedure. (42 U.S.C. 6295(o)(2)(B)(iii))
---------------------------------------------------------------------------

    \4\ On March 16, 2022, the Fifth Circuit Court of Appeals (No. 
22-30087) granted the federal government's emergency motion for stay 
pending appeal of the February 11, 2022, preliminary injunction 
issued in Louisiana v. Biden, No. 21-cv-1074-JDC-KK (W.D. La.). As a 
result of the Fifth Circuit's order, the preliminary injunction is 
no longer in effect, pending resolution of the federal government's 
appeal of that injunction or a further court order. Among other 
things, the preliminary injunction enjoined the defendants in that 
case from ``adopting, employing, treating as binding, or relying 
upon'' the interim estimates of the social cost of greenhouse 
gases--which were issued by the Interagency Working Group on the 
Social Cost of Greenhouse Gases on February 26, 2021--to monetize 
the benefits of reducing greenhouse gas emissions. In the absence of 
further intervening court orders, DOE will revert to its approach 
prior to the injunction and present monetized benefits where 
appropriate and permissible by law.
---------------------------------------------------------------------------

    EPCA also contains what is known as an ``anti-backsliding'' 
provision, which prevents the Secretary from prescribing any amended 
standard that either increases the maximum allowable energy use or 
decreases the minimum required energy efficiency of a covered product. 
(42 U.S.C. 6295(o)(1)) Also, the Secretary may not prescribe an amended 
or new standard if interested persons have established by a 
preponderance of the evidence that the standard is likely to result in 
the unavailability in the United States in any covered product type (or 
class) of performance characteristics (including reliability), 
features, sizes, capacities, and volumes that are substantially the 
same as those generally available in the United States. (42 U.S.C. 
6295(o)(4))
    Additionally, EPCA specifies requirements when promulgating an 
energy conservation standard for a covered product that has two or more 
subcategories. DOE must specify a different standard level for a type 
or class of product that has the same function or intended use, if DOE 
determines that products within such group: (A) consume a different 
kind of energy from that consumed by other covered products within such 
type (or class); or (B) have a capacity or other performance-related 
feature which other products within such type (or class) do not have 
and such feature justifies a higher or lower standard. (42 U.S.C. 
6295(q)(1)) In determining whether a performance-related feature 
justifies a different standard for a group of products, DOE must 
consider such factors as the utility to the consumer of the feature and 
other factors DOE deems appropriate. Id. Any rule prescribing such a 
standard must include an explanation of the basis on which such higher 
or lower level was established. (42 U.S.C. 6295(q)(2))
    Finally, pursuant to the amendments contained in the Energy 
Independence and Security Act of 2007 (``EISA 2007''), Public Law 110-
140, any final rule for new or amended energy conservation standards 
promulgated after July 1, 2010, is required to address standby mode and 
off mode energy use. (42 U.S.C. 6295(gg)(3)) Specifically, when DOE 
adopts a standard for a covered product after that date, it must, if 
justified by the criteria for adoption of standards under EPCA (42 
U.S.C. 6295(o)), incorporate standby mode and off mode energy use into 
a single standard, or, if that is not feasible, adopt a separate 
standard for such energy use for that product. (42 U.S.C. 
6295(gg)(3)(A)-(B)) DOE's current test procedures for consumer furnaces 
address standby mode and off mode energy use.\5\ In this rulemaking, 
DOE intends to consider such energy use when analyzing any amended 
energy conservation standards it adopts in the final rule.
---------------------------------------------------------------------------

    \5\ The DOE test procedures for consumer furnaces appear at 
title 10 of the Code of Federal Regulations (``CFR'') part 430, 
subpart B, appendix N.
---------------------------------------------------------------------------

    Before proposing a standard, DOE typically seeks public input on 
the analytical framework, models, and tools that DOE intends to use to 
evaluate standards for the product at issue and the results of 
preliminary analyses DOE performed for the product.
    DOE is examining whether to amend the current standards pursuant to 
its obligations under EPCA. This notification announces the 
availability of the preliminary TSD, which details the preliminary 
analyses and summarizes the preliminary results of DOE's analyses. In 
addition, DOE is announcing a webinar to solicit feedback from 
interested parties on its analytical framework, models, and preliminary 
results.

C. 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 pre-NOPR stages for an energy 
conservation standards rulemaking. Section 6(a)(2) of

[[Page 73262]]

appendix A specifies that if the Department determines it is 
appropriate to proceed with a rulemaking, the preliminary stages of a 
rulemaking to issue or amend an energy conservation standard that DOE 
will undertake will be a framework document and preliminary analysis, 
or an advance notice of proposed rulemaking.
    As discussed further in section II.B of this document, prior to 
this notification of the preliminary analysis, DOE published a request 
for information (``RFI'') in the Federal Register in which DOE 
identified and sought comment on the analyses conducted in support of 
the most recent energy conservation standards rulemakings for oil, 
electric, and weatherized gas consumer furnaces. 87 FR 4513 (January 
28, 2022; ``January 2022 RFI''). In the January 2022 RFI, DOE sought 
data and information as to whether any new or amended rule would be 
cost-effective, economically justified, technologically feasible, or 
would result in a significant savings of energy. Id. DOE sought such 
data and information to assist in its consideration of whether (and if 
so, how) to amend the standards for oil, electric, and weatherized gas 
consumer furnaces. Id. Further, DOE provided an overview of the 
analysis it would use to evaluate new or amended energy conservation 
standards, including references to and requests for comment on the 
analyses conducted as part of the most recent energy conservation 
standards rulemakings. Id. As DOE is intending to rely on substantively 
the same analytical methods as in the most recent rulemaking, 
publication of a framework document would be largely redundant with the 
published January 2022 RFI. As such, DOE is not publishing a framework 
document.
    DOE notes that it is also deviating from section 6(d)(2) of 
appendix A, which specifies that the length of the public comment 
period for pre-NOPR rulemaking documents will vary depending upon the 
circumstances of the particular rulemaking, but will not be less than 
75 calendar days. For this preliminary analysis, DOE has opted to 
instead provide a 60-day comment period. As discussed, DOE previously 
published the January 2022 RFI to determine whether any new or amended 
standards may be warranted for oil, electric, and weatherized gas 
consumer furnaces. 87 FR 4513. DOE requested comment in the January 
2022 RFI on a variety of issues to aid in the development of its 
technical and economic analyses and included a 31-day comment period. 
Additionally, for this preliminary analysis, DOE has relied on many of 
the same analytical assumptions and approaches as used in the previous 
rulemaking and the recently published notice of proposed rulemaking for 
energy conservation standards for non-weatherized gas furnaces and 
mobile home gas furnaces, which included a separate 60-day comment 
period.\6\ Therefore, for this preliminary analysis, DOE has determined 
that a 60-day comment period in conjunction with the January 2022 RFI's 
prior 31-day comment period provides sufficient time for interested 
parties to review the preliminary analysis and develop comments.
---------------------------------------------------------------------------

    \6\ DOE recently published a notice of proposed rulemaking and 
request for comment for non-weatherized gas furnaces and mobile home 
gas furnaces. 87 FR 40590 (July 7, 2022). See docket number EERE-
2014-BT-STD-0031, available at: www.regulations.gov/docket/EERE-2014-BT-STD-0031.
---------------------------------------------------------------------------

II. Background

A. Current Standards

    EPCA established the energy conservation standards that apply to 
most consumer furnaces currently being manufactured, in terms of 
minimum annual fuel utilization efficiency (``AFUE''). The original 
standards established a minimum AFUE of 75 percent for mobile home 
furnaces. For all other furnaces, the original standards generally 
established a minimum AFUE of 78 percent. However, Congress recognized 
the potential need for a separate standard based on the capacity of a 
furnace and directed DOE to undertake a rulemaking to establish a 
standard for ``small'' gas furnaces (i.e., those having an input of 
less than 45,000 Btu per hour). (42 U.S.C. 6295(f)(1)-(2)) Through a 
final rule published in the Federal Register on November 17, 1989, DOE 
initially established standards for small furnaces at the same level as 
furnaces generally (i.e., a minimum AFUE of 78 percent). 54 FR 47916, 
47944.
    EPCA also required DOE to conduct two rounds of rulemaking to 
consider amended standards for consumer furnaces. (42 U.S.C. 
6295(f)(4)(B)-(C)). In addition, EPCA requires a six-year-lookback 
review of energy conservation standards for all covered products. (42 
U.S.C. 6295(m)(1)) In a final rule published in the Federal Register on 
November 19, 2007 (November 2007 final rule), DOE prescribed amended 
energy conservation standards for consumer furnaces manufactured on or 
after November 19, 2015. 72 FR 65136. The November 2007 final rule 
revised the energy conservation standards to 80-percent AFUE for non-
weatherized gas-fired furnaces (``NWGFs''), to 81-percent AFUE for 
weatherized gas furnaces (``WGFs''), to 80-percent AFUE for mobile home 
gas-fired furnaces (``MHGFs''), and to 82-percent AFUE for non-
weatherized oil-fired furnaces (``NWOFs'').\7\ 72 FR 65136, 65169. 
Based on market assessment and the standard levels at issue, the 
November 2007 final rule established standards without regard to the 
certified input capacity of a furnace. Id. Compliance with the amended 
standards established in the November 2007 final rule was to be 
required beginning November 19, 2015. Id.
---------------------------------------------------------------------------

    \7\ Although the November 2007 final rule did not explicitly 
state the standards for oil-fired furnaces were applicable only to 
non-weatherized oil-fired furnaces, the NOPR that preceded the final 
rule made clear that DOE did not perform analysis of and was not 
proposing standards for weatherized oil-fired furnaces or mobile 
home oil-fired furnaces. 71 FR 59203, 52914 (October 6, 2006). Thus, 
the proposed standards that were ultimately adopted in the November 
2007 final rule only applied to non-weatherized oil-fired furnaces.
---------------------------------------------------------------------------

    Following DOE's adoption of the November 2007 final rule, several 
parties jointly sued DOE in the United States Court of Appeals for the 
Second Circuit (``Second Circuit'') to invalidate the rule. Petition 
for Review, State of New York, et al. v. Department of Energy, et al., 
Nos. 08-0311-ag(L); 08-0312-ag(con) (2d Cir. filed Jan. 17, 2008). The 
petitioners asserted that the standards for furnaces promulgated in the 
November 2007 final rule did not reflect the ``maximum improvement in 
energy efficiency'' that ``is technologically feasible and economically 
justified'' under 42 U.S.C. 6295(o)(2)(A). On April 16, 2009, DOE filed 
with the Court a motion for voluntary remand that the petitioners did 
not oppose. The motion did not state that the November 2007 final rule 
would be vacated, but indicated that DOE would revisit its initial 
conclusions outlined in the November 2007 final rule in a subsequent 
rulemaking action. DOE also agreed that the final rule in that 
subsequent rulemaking action would address both regional standards for 
furnaces, as well as the effects of alternate standards on natural gas 
prices. The Second Circuit granted DOE's motion on April 21, 2009. DOE 
notes that the Second Circuit's order did not vacate the energy 
conservation standards set forth in the November 2007 final rule, and 
during the remand, they went into effect as originally scheduled.
    On June 27, 2011, DOE published a direct final rule (``DFR'') in 
the Federal Register (``June 2011 DFR'') amending the energy 
conservation standards for residential central air conditioners and 
consumer furnaces. 76 FR 37408. Subsequently, on October 31, 2011, DOE

[[Page 73263]]

published a notice of effective date and compliance dates in the 
Federal Register (``October 2011 notice'') to confirm amended energy 
conservation standards and compliance dates contained in the June 2011 
DFR. 76 FR 67037. The November 2007 final rule and the June 2011 DFR 
represented the first and the second rounds, respectively, of the two 
rulemakings required under 42 U.S.C. 6295(f)(4)(B)-(C) to consider 
amending the energy conservation standards for consumer furnaces.
    The June 2011 DFR and October 2011 notice of effective date and 
compliance dates amended, in relevant part, the energy conservation 
standards and compliance dates for three product classes of consumer 
furnaces (i.e., NWGFs, MHGFs, and NWOFs).\8\ The existing standards 
were left in place for three classes of consumer furnaces (i.e., 
weatherized oil-fired furnaces, mobile home oil-fired furnaces, and 
electric furnaces). For one class of consumer furnaces (WGFs), the 
existing standard was left in place, but the compliance date was 
amended. Electrical standby mode and off mode energy consumption 
standards were established for non-weatherized gas and oil-fired 
furnaces (including mobile home furnaces) and electric furnaces. 
Compliance with the energy conservation standards promulgated in the 
June 2011 DFR was to be required on May 1, 2013 for non-weatherized 
furnaces and on January 1, 2015 for weatherized furnaces. 76 FR 37408, 
37547-37548 (June 27, 2011); 76 FR 67037, 67051 (Oct. 31, 2011). The 
amended energy conservation standards and compliance dates in the June 
2011 DFR superseded those standards and compliance dates promulgated by 
the November 2007 final rule for NWGFs, MHGFs, and NWOFs. Similarly, 
the amended compliance date for WGFs in the June 2011 DFR superseded 
the compliance date in the November 2007 final rule.
---------------------------------------------------------------------------

    \8\ For NWGFs and MHGFs, the standards were amended to a level 
of 80-percent AFUE nationally with a more-stringent 90-percent AFUE 
requirement in the Northern Region. For non-weatherized oil-fired 
furnaces, the standard was amended to 83-percent AFUE nationally. 76 
FR 37408, 37410 (June 27, 2011).
---------------------------------------------------------------------------

    After publication of the October 2011 notice, the American Public 
Gas Association (``APGA'') sued DOE \9\ in the United States Court of 
Appeals for the District of Columbia Circuit to invalidate that rule as 
it pertained to NWGFs. Petition for Review, American Public Gas 
Association, et al. v. Department of Energy, et al., No. 11-1485 (D.C. 
Cir. filed Dec. 23, 2011). The parties to the litigation engaged in 
settlement negotiations which ultimately led to filing of an unopposed 
motion on March 11, 2014, seeking to vacate DOE's rule in part and to 
remand to the agency for further rulemaking. On April 24, 2014, the 
Court granted the motion and ordered that the standards established for 
NWGFs and MHGFs be vacated and remanded to DOE for further rulemaking. 
As a result, the standards established by the June 2011 DFR for NWGFs 
and MHGFs did not go into effect, and thus, required compliance with 
the standards established in the November 2007 final rule for these 
products began on November 19, 2015. As stated previously, the AFUE 
standards for WOFs, MHOFs, and EFs were unchanged, and as such, the 
original standards for those product classes remain in effect. Further, 
the amended standard for NWOFs were not subject to the Court order, and 
went into effect as specified in the June 2011 DFR. The AFUE standards 
currently applicable to all residential furnaces,\10\ including the 
five product classes for which DOE is analyzing amended standards in 
this preliminary analysis, are set forth in DOE's regulations at 10 CFR 
430.32(e)(1)(ii) and (iii). Tables II.1 and II.2 present the currently 
applicable standards for NWOFs, MHOFs, WGFs, WOFs, and EFs, the subject 
of this preliminary analysis.
---------------------------------------------------------------------------

    \9\ After APGA filed its petition for review on December 23, 
2011, various entities subsequently intervened.
    \10\ DOE divides consumer furnaces into seven classes for the 
purpose of setting energy conservation standards: (1) NWGFs, (2) 
MHGFs, (3) WGFs, (4) NWOFs, (5) MHOFs, (6) WOFs, and (7) electric 
furnaces. 10 CFR 430.32(e)(1)(ii). As noted previously, DOE has been 
analyzing amended standards for NWGFs and MHGFs as part of a 
separate, ongoing rulemaking.

   Table II.1--Federal Energy Conservation Standards for NWOFs, MHOFs,
                           WGFs, WOFs, and EFs
                                 [AFUE]
------------------------------------------------------------------------
                                                               AFUE
                      Product class                          (percent)
------------------------------------------------------------------------
Non-weatherized oil-fired furnaces (not including mobile              83
 home furnaces).........................................
Mobile Home oil-fired furnaces..........................              75
Weatherized gas furnaces................................              81
Weatherized oil-fired furnaces..........................              78
Electric furnaces.......................................              78
------------------------------------------------------------------------


                       Table II.2--Federal Energy Conservation Standards for NWOFs and EFs
                               [Standby and off mode electrical power consumption]
----------------------------------------------------------------------------------------------------------------
                                                               Maximum standby  mode        Maximum off mode
                                                                  electrical power          electrical power
                       Product class                             consumption PW,SB         consumption, PW,OFF
                                                                      (watts)                    (watts)
----------------------------------------------------------------------------------------------------------------
Non-weatherized oil-fired furnaces (including mobile home                          11                        11
 furnaces).................................................
Electric furnaces..........................................                        10                        10
----------------------------------------------------------------------------------------------------------------

B. Current Process

    On January 28, 2022, DOE published the January 2022 RFI to initiate 
a review to determine whether any new or amended standards would 
satisfy the relevant requirements of EPCA for a new or amended energy 
conservation standard for oil, electric, and weatherized gas consumer 
furnaces. 87 FR 4513. Specifically, through the published notice and 
request for information, DOE sought data and

[[Page 73264]]

information that could enable the agency to determine whether amended 
energy conservation standards would: (1) result in a significant 
savings of energy; (2) be technologically feasible; and (3) be 
economically justified. Id. As noted in section III.C of this document, 
based on its preliminary findings, DOE did not analyze potential AFUE 
standards for WOFs and EFs, and did not analyze new standby mode or off 
mode standards for WGFs or WOFs because DOE tentatively determined that 
there would be no energy savings from doing so.
    Comments received to date as part of the current process have 
helped DOE identify and resolve issues related to the preliminary 
analyses. Chapter 2 of the preliminary TSD summarizes and addresses the 
comments received.

III. Summary of the Analyses Performed by DOE

    For the products covered in this preliminary analysis, DOE 
conducted in-depth technical analyses in the following areas: (1) 
engineering; (2) markups to determine product price; (3) energy use; 
(4) life cycle cost (``LCC'') and payback period (``PBP''); and (5) 
national impacts. The preliminary TSD that presents the methodology and 
results of each of these analyses is available at www1.eere.energy.gov/buildings/appliance_standards/standards.aspx?productid=59.
    DOE also conducted, and has included in the preliminary TSD, 
several other analyses that support the major analyses or are 
preliminary analyses that will be expanded if DOE determines that a 
NOPR is warranted to propose amended energy conservation standards. 
These analyses include: (1) the market and technology assessment; (2) 
the screening analysis, which contributes to the engineering analysis; 
and (3) the shipments analysis, which contributes to the LCC and PBP 
analysis and the national impact analysis (``NIA''). In addition to 
these analyses, DOE has begun preliminary work on the manufacturer 
impact analysis and has identified the methods to be used for the 
consumer subgroup analysis, the emissions analysis, the employment 
impact analysis, the regulatory impact analysis, and the utility impact 
analysis. DOE will expand on these analyses in the NOPR should one be 
issued.

A. Market and Technology Assessment

    DOE develops information in the 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.
    See chapter 3 of the preliminary TSD for further discussion of the 
market and technology assessment.

B. 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 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.
    See chapter 4 of the preliminary TSD for further discussion of the 
screening analysis.

C. Engineering Analysis

    The purpose of the engineering analysis is to establish the 
relationship between the efficiency and cost of oil, electric, and 
weatherized gas consumer furnaces. 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 analyzed, DOE estimates 
the manufacturer production cost (``MPC'') for the baseline as well as 
higher efficiency levels.\11\ The output of the engineering analysis is 
a set of cost-efficiency ``curves'' that are used in downstream 
analyses (i.e., the LCC and PBP analyses and the NIA).
---------------------------------------------------------------------------

    \11\ DOE did not consider amended AFUE standards for WOFs and 
EFs as part of this preliminary analysis because DOE tentatively 
determined that there would be no energy savings from doing so. For 
WOFs, DOE is not aware of any models on the market, and thus, there 
would be no potential energy savings from amending the AFUE standard 
for WOFs. For EFs, the AFUE of models on the market is already 
nearly 100 percent and DOE is not aware of technologies that would 
further improve the AFUE. Further, DOE did not consider new standby 
mode and off mode standards for WGFs or WOFs. For these classes, DOE 
has previously concluded in the June 2011 DFR that these products 
are packaged with either an air conditioner or heat pump, and that 
the standards for these products, specified in terms of power 
consumption in watts (PW,OFF) and Seasonal Energy 
Efficiency Rating (``SEER''), already account for the standby mode 
and off mode energy consumption for these classes. 76 FR 37408, 
37433.
---------------------------------------------------------------------------

    DOE converts the MPC to the manufacturer selling price (``MSP'') by 
applying a manufacturer markup. The MSP is the price the manufacturer 
charges its first customer, when selling into the product distribution 
channels. The manufacturer markup accounts for manufacturer non-
production costs and profit. DOE developed the manufacturer markup by 
examining publicly available financial information for manufacturers of 
the covered product.
    See chapter 5 of the preliminary TSD for additional detail on the 
engineering analysis. See chapter 12 of the preliminary TSD for 
additional detail on the manufacturer markup.

[[Page 73265]]

D. Markups Analysis

    The markups analysis develops appropriate markups (e.g., retailer 
markups, distributor markups, contractor markups) in the distribution 
chain and sales taxes to convert MSP estimates derived in the 
engineering analysis to consumer prices, which are then used in the LCC 
and PBP analysis. At each step in the distribution channel, companies 
mark up the price of the product to cover business costs and profit 
margin.
    DOE developed baseline and incremental markups for each actor in 
the distribution chain for consumer furnaces. Baseline markups are 
applied to the price of products with baseline efficiency, while 
incremental markups are applied to the difference in price between 
baseline and higher-efficiency models (the incremental cost increase). 
The incremental markup is typically less than the baseline markup and 
is designed to maintain similar per-unit operating profit before and 
after new or amended standards.\12\
---------------------------------------------------------------------------

    \12\ Because the projected price of standards-compliant products 
is typically higher than the price of baseline products, using the 
same markup for the incremental cost and the baseline cost would 
result in higher per-unit operating profit. While such an outcome is 
possible, DOE maintains that in markets that are reasonably 
competitive it is unlikely that standards would lead to a 
sustainable increase in profitability in the long run.
---------------------------------------------------------------------------

    Chapter 6 of the preliminary TSD provides details on DOE's 
development of markups for oil, electric, and weatherized gas consumer 
furnaces.

E. Energy Use Analysis

    The purpose of the energy use analysis is to determine the annual 
energy consumption of oil, electric, and weatherized gas consumer 
furnaces at different efficiencies in representative U.S. single-family 
homes, multi-family residences, and commercial buildings, and to assess 
the energy savings potential of increased efficiency. The energy use 
analysis estimates the range of energy use of oil, electric, and 
weatherized gas consumer furnaces in the field (i.e., as they are 
actually used by consumers). In addition, 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 energy 
conservation standards.
    Chapter 7 of the preliminary TSD addresses the energy use analysis.

F. 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.
    Chapter 8 of the preliminary TSD addresses the LCC and PBP 
analyses.

G. 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 amended standards at specific efficiency levels (referred 
to as candidate standard levels).\13\ 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 oil, electric, and weatherized gas consumer furnaces sold from 2030 
through 2059.
---------------------------------------------------------------------------

    \13\ 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 (``no-new-standards case'') with 
standards-case projections. 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 
products with efficiencies greater than the standard.
    For the NIA, DOE uses a spreadsheet model to calculate the energy 
savings and the national consumer costs and savings from each 
efficiency level. Interested parties can review DOE's analyses by 
changing various input quantities within the spreadsheet. The NIA 
spreadsheet model uses typical values (as opposed to probability 
distributions) as inputs. Critical inputs to this analysis include 
shipments projections, estimated product lifetimes, product installed 
costs and operating costs, product annual energy consumption, the base 
case efficiency projection, and discount rates.
    DOE estimates a combined total of 1.15 quads of potential full-
fuel-cycle (FFC) energy savings at the max- tech efficiency levels for 
consumer oil, electric, and weatherized gas furnaces. Combined 
potential FFC energy savings at Efficiency Level 1 for all product 
classes considered in this preliminary analysis are estimated to be 
0.96 quads. Chapter 10 of the preliminary TSD addresses the NIA.

IV. Public Participation

    DOE invites public engagement in this process through participation 
in the webinar and submission of written comments, data, and 
information. After the webinar and the closing of the comment period, 
DOE will consider all timely-submitted comments and additional 
information obtained from interested parties, as well as information 
obtained through further analyses. Following such consideration, the 
Department will publish either a determination that the energy 
conservation standards for CRE need not be amended or a NOPR proposing 
to amend those standards. The NOPR, should one be issued, would include 
proposed energy conservation standards for the products covered by this 
rulemaking, and members of the public would be given an opportunity to 
submit written and oral comments on the proposed standards.

A. Participation in the Webinar

    The time and date of the webinar meeting are listed in the DATES 
section at the beginning of this document. Webinar registration 
information,

[[Page 73266]]

participant instructions, and information about the capabilities 
available to webinar participants will be published on DOE's website: 
www1.eere.energy.gov/buildings/appliance_standards/standards.aspx?productid=59. Participants are responsible for ensuring 
their systems are compatible with the webinar software.

B. Procedure for Submitting Prepared General Statements for 
Distribution

    Any person who has an interest in the topics addressed in this 
document, or who is representative of a group or class of persons that 
has an interest in these issues, may request an opportunity to make an 
oral presentation at the webinar. Such persons may submit to 
[email protected]. Persons who wish to speak 
should include with their request a computer file in WordPerfect, 
Microsoft Word, PDF, or text (ASCII) file format that briefly describes 
the nature of their interest in this rulemaking and the topics they 
wish to discuss. Such persons should also provide a daytime telephone 
number where they can be reached.

C. Conduct of the Webinar

    DOE will designate a DOE official to preside at the webinar and may 
also use a professional facilitator to aid discussion. The meeting will 
not be a judicial or evidentiary-type public hearing, but DOE will 
conduct it in accordance with section 336 of EPCA (42 U.S.C. 6306). A 
court reporter will be present to record the proceedings and prepare a 
transcript. DOE reserves the right to schedule the order of 
presentations and to establish the procedures governing the conduct of 
the webinar. There shall not be discussion of proprietary information, 
costs or prices, market share, or other commercial matters regulated by 
U.S. anti-trust laws. After the webinar and until the end of the 
comment period, interested parties may submit further comments on the 
proceedings and any aspect of the rulemaking.
    The webinar will be conducted in an informal, conference style. DOE 
will a general overview of the topics addressed in this rulemaking, 
allow time for prepared general statements by participants, and 
encourage all interested parties to share their views on issues 
affecting this rulemaking. Each participant will be allowed to make a 
general statement (within time limits determined by DOE), before the 
discussion of specific topics. DOE will allow, as time permits, other 
participants to comment briefly on any general statements.
    At the end of all prepared statements on a topic, DOE will permit 
participants to clarify their statements briefly and comment on 
statements made by others. Participants should be prepared to answer 
questions by DOE and by other participants concerning these issues. DOE 
representatives may also ask questions of participants concerning other 
matters relevant to this rulemaking. The official conducting the 
webinar will accept additional comments or questions from those 
attending, as time permits. The presiding official will announce any 
further procedural rules or modification of the above procedures that 
may be needed for the proper conduct of the webinar.
    A transcript of the webinar will be included in the docket, which 
can be viewed as described in the Docket section at the beginning of 
this document. In addition, any person may buy a copy of the transcript 
from the transcribing reporter.

D. Submission of Comments

    DOE will accept comments, data, and information regarding this 
notification of availability of preliminary technical support document 
before or after the webinar, but 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

[[Page 73267]]

and, if possible, they should carry the electronic signature of the 
author.
    Campaign form letters. Please submit campaign form letters by the 
originating organization in batches of between 50 to 500 form letters 
per PDF or as one form letter with a list of supporters' names compiled 
into one or more PDFs. This reduces comment processing and posting 
time.
    Confidential Business Information. Pursuant to 10 CFR 1004.11, any 
person submitting information that he or she believes to be 
confidential and exempt by law from public disclosure should submit via 
email two well-marked copies: one copy of the document marked 
``confidential'' including all the information believed to be 
confidential, and one copy of the document marked ``non-confidential'' 
with the information believed to be confidential deleted. DOE will make 
its own determination about the confidential status of the information 
and treat it according to its determination.
    It is DOE's policy that all comments may be included in the public 
docket, without change and as received, including any personal 
information provided in the comments (except information deemed to be 
exempt from public disclosure).

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 
21, 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 22, 2022.
Treena V. Garrett,
Federal Register Liaison Officer, U.S. Department of Energy.
[FR Doc. 2022-25952 Filed 11-28-22; 8:45 am]
BILLING CODE 6450-01-P