[Federal Register Volume 76, Number 141 (Friday, July 22, 2011)]
[Proposed Rules]
[Pages 43941-43953]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-18310]


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DEPARTMENT OF ENERGY

10 CFR Part 430

[Docket Number EERE-2011-BT-STD-0047]
RIN 1904-AC56


Energy Conservation Program: Energy Conservation Standards for 
Direct Heating Equipment

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

ACTION: Notice of proposed rulemaking and announcement of public 
meeting.

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SUMMARY: The Energy Policy and Conservation Act of 1975 (EPCA), as 
amended, prescribes energy conservation standards for various consumer 
products and certain commercial and industrial equipment, including 
direct heating equipment. In this notice, the U.S. Department of Energy 
(DOE) proposes to amend its definitions pertaining to direct heating 
equipment. Specifically, DOE is proposing to change to the definition 
of ``vented hearth heater,'' a type of direct heating equipment, to 
clarify the scope of the current exclusion for those vented hearth 
heaters that are decorative hearth products. The proposed modification 
to the existing exclusion would shift the focus from the current 
maximum input capacity limitation (i.e., 9,000 Btu/h) to a number of 
other factors, including the absence of a standing pilot light or other 
continuously burning ignition source. DOE has tentatively concluded 
that these amendments would result in increased energy savings overall, 
as well as for the types of units under the exclusion. The notice also 
announces a

[[Page 43942]]

public meeting to receive comment on these proposed amendments to the 
definition for ``vented hearth heater'' and associated analyses and 
results.

DATES: DOE will hold a public meeting on September 1, 2011 from 9 a.m. 
to 4 p.m., at DOE headquarters in Washington, DC. The meeting will also 
be broadcast as a webinar. See section VII, ``Public Participation,'' 
for webinar registration information, participant instructions, and 
information about the capabilities available to webinar participants.
    DOE will accept comments, data, and information regarding this 
notice of proposed rulemaking (NOPR) before and after the public 
meeting, but no later than September 20, 2011. See section V, ``Public 
Participation,'' for details.

ADDRESSES: The public meeting will be held at the U.S. Department of 
Energy, Forrestal Building, Room 8E-089, 1000 Independence Avenue, SW., 
Washington, DC 20585. To attend, please notify Ms. Brenda Edwards at 
(202) 586-2945. Please note that foreign nationals visiting DOE 
Headquarters are subject to advance security screening procedures. Any 
foreign national wishing to participate in the meeting should advise 
DOE as soon as possible by contacting Ms. Edwards to initiate the 
necessary procedures. Please also note that those wishing to bring 
laptops into the Forrestal Building will be required to obtain a 
property pass. Visitors should avoid bringing laptops, or allow an 
extra 45 minutes. Persons can attend the public meeting via webinar. 
For more information, refer to the section V, ``Public Participation,'' 
near the end of this notice.
    Any comments submitted must identify the NOPR on Energy 
Conservation Standards for Direct Heating Equipment, and provide docket 
number EERE-2011-BT-STD-0047 and/or regulatory information number (RIN) 
1904-AC56. Comments may be submitted using any of the following 
methods:
    1. Federal eRulemaking Portal: http://www.regulations.gov. Follow 
the instructions for submitting comments.
    2. E-mail: DHE-2011-STD-0047@ee.doe.gov. Include Docket Number 
EERE-2011-BT-STD-0047 and/or RIN 1904-AC56 in the subject line of the 
message.
    3. Mail: Ms. Brenda Edwards, U.S. Department of Energy, Building 
Technologies Program, Mailstop EE-2J, 1000 Independence Avenue, SW., 
Washington, DC 20585-0121. If possible, please submit all items on a 
compact disc (CD), in which case it is not necessary to include printed 
copies.
    4. Hand Delivery/Courier: Ms. Brenda Edwards, U.S. Department of 
Energy, Building Technologies Program, 950 L'Enfant Plaza, SW., Suite 
600, Washington, DC 20024. Telephone: (202) 586-2945. If possible, 
please submit all items on a CD, in which case it is not necessary to 
include printed copies.
    No telefacsimiles will be accepted. Written comments regarding the 
burden-hour estimates or other aspects of the collection-of-information 
requirements contained in this proposed rule may be submitted to the 
Office of Energy Efficiency and Renewable Energy through the methods 
listed above and by e-mail to Christine_J._Kymn@omb.eop.gov.
    For detailed instructions on submitting comments and additional 
information on the rulemaking process, see section V of this document 
(Public Participation).
    Docket: The docket is available for review at http://www.regulations.gov, including Federal Register notices, public meeting 
attendee lists and transcripts, comments, and other supporting 
documents/materials. All documents in the docket are listed in the 
http://www.regulations.gov index. However, not all documents listed in 
the index may be publicly available, such as information that is exempt 
from public disclosure.
    A link to the docket Web page can be found at: http://www.regulations.gov/#!docketDetail;dct=FR+PR+N+O+SR+PS;rpp=250;so=DESC;sb=postedDate;po=0;D=
EERE-2011-BT-STD-0047. This Web page contains a link to the docket for 
this notice on the http://www.regulations.gov site. The http://www.regulations.gov Web page contains simple instructions on how to 
access all documents, including public comments, in the docket. See 
section V, ``Public Participation,'' for further information on how to 
submit comments through http://www.regulations.gov.
    For further information on how to submit a public comment, review 
other public comments and the docket, or participate in the public 
meeting, contact Ms. Brenda Edwards at (202) 586-2945 or by e-mail: 
Brenda.Edwards@ee.doe.gov.

FOR FURTHER INFORMATION CONTACT: Mr. Mohammed Khan, U.S. Department of 
Energy, Office of Energy Efficiency and Renewable Energy, Building 
Technologies Program, EE-2J, 1000 Independence Avenue, SW., Washington, 
DC 20585-0121. Telephone: (202) 586-7892. E-mail: 
Mohammed.Khan@ee.doe.gov.
    Mr. Eric Stas, U.S. Department of Energy, Office of the General 
Counsel, GC-71, 1000 Independence Avenue, SW., Washington, DC 20585-
0121. Telephone: (202) 586-9507. E-mail: Eric.Stas@hq.doe.gov.
    For information on how to submit or review public comments, contact 
Ms. Brenda Edwards, U.S. Department of Energy, Office of Energy 
Efficiency and Renewable Energy, Building Technologies Program, EE-2J, 
1000 Independence Avenue, SW., Washington, DC 20585-0121. Telephone: 
(202) 586-2945. E-mail: Brenda.Edwards@ee.doe.gov.

SUPPLEMENTARY INFORMATION: 

Table of Contents

I. Summary of the Proposed Rule
II. History of the Energy Conservation Standards Rulemaking and 
Current Standards
III. Discussion
    A. Scope of Coverage of Vented Hearth Products
    1. Description of Vented Hearth Products
    2. Definitions for ``Direct Heating Equipment''
    a. Application to Vented Hearth Products
    b. Application to Vented Gas Log Sets
    B. Proposed Definition for ``Vented Hearth Heater''
    C. Description of Criteria for Classification as Decorative 
Vented Hearth Products
    D. National Energy Savings
IV. Procedural Issues and Regulatory Review
    A. Review Under Executive Orders 12866 and 13563
    B. Review Under the Regulatory Flexibility Act
    C. Review Under the Paperwork Reduction Act of 1995
    D. Review Under the National Environmental Policy Act of 1969
    E. Review Under Executive Order 13132
    F. Review Under Executive Order 12988
    G. Review Under the Unfunded Mandates Reform Act of 1995
    H. Review Under the Treasury and General Government 
Appropriations Act, 1999
    I. Review Under Executive Order 12630
    J. Review Under the Treasury and General Government 
Appropriations Act, 2001
    K. Review Under Executive Order 13211
    L. Review Under the Information Quality Bulletin for Peer Review
V. Public Participation
    A. Attendance at the Public Meeting
    B. Procedure for Submitting Prepared General Statements for 
Distribution
    C. Conduct of the Public Meeting
    D. Submission of Comments
    E. Issues on Which DOE Seeks Comment
VI. Approval of the Office of the Secretary

I. Summary of the Proposed Rule

    Title III, Part B \1\ of the Energy Policy and Conservation Act of 
1975 (EPCA or the Act), Public Law 94-163 (42 U.S.C.

[[Page 43943]]

6291-6309, as codified), established the Energy Conservation Program 
for Consumer Products Other Than Automobiles, which includes the types 
of direct heating equipment that are the subject of this rulemaking. 
(42 U.S.C. 6292(a)(9)) Pursuant to EPCA, any new or amended energy 
conservation standard that DOE prescribes for certain products, such as 
direct heating equipment, must be designed to achieve the maximum 
improvement in energy efficiency that 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)). On April 16, 2010, DOE published a 
final rule (hereafter referred to as the April 2010 final rule) in 
accordance with these statutory provisions and other statutory 
requirements discussed in the final rule, which, in relevant part, 
promulgated definitions and energy conservation standards for vented 
gas hearth direct heating equipment. 75 FR 20112.
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    \1\ For editorial reasons, upon codification in the U.S. Code, 
Part B was redesignated Part A.
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    In establishing the definitions pertaining to direct heating 
equipment in the April 2010 final rule, DOE recognized the aesthetic 
appeal of certain gas hearth products and included a provision in its 
definition of ``vented hearth heater'' that considered certain gas 
hearth products to be decorative in nature, and excluded them from 
having to comply with DOE's minimum energy conservation standard 
otherwise applicable to vented gas hearth direct heating equipment. The 
April 2010 final rule did not address vented gas log sets, which DOE 
also considers decorative in nature. DOE clarified its position on 
vented gas log sets in a document published on DOE's Web site titled 
``Frequently Asked Questions: `Vented Hearth Heater' Definition.'' \2\ 
In this notice, DOE proposes to further amend its definitions 
pertaining to direct heating equipment. Specifically, DOE is proposing 
to amend its definition of ``vented hearth heater'' to modify the 
conditions contained in the existing definition for the subset of such 
products to be considered decorative in nature and, therefore, not 
subject to the DOE's minimum energy conservation standards for vented 
hearth heaters. In addition, DOE is proposing to include vented gas log 
sets in the definition of ``vented hearth heater,'' and to add a 
similar set of criteria for exclusion for vented gas log sets. DOE has 
tentatively concluded that vented gas log sets warrant similar 
treatment to vented hearth products, due to the similarities between 
the two types of products. Both provide heat and aesthetic appeal for 
consumers, and they have certain similar characteristics, such as the 
presence of a flame and ceramic logs. The definition of ``vented hearth 
heater'' in the April 2010 final rule stated that ``[t]hose heaters 
with a maximum input capacity less than or equal to 9,000 British 
thermal units per hour (Btu/h), as measured using DOE's test procedure 
for vented home heating equipment (10 CFR Part 430, subpart B, appendix 
O), are considered purely decorative and are excluded from DOE's 
regulations.'' 75 FR 20112, 20234 (April 16, 2010). In this notice, DOE 
proposes to amend the definition for ``vented hearth heater'' to base 
the exclusion for decorative vented hearth products and vented gas log 
sets on several criteria, including the American National Standards 
Institute (ANSI) standard to which the product is certified. The 
proposed amended definition reads as set forth in the amendment to 10 
CFR 430.2 later in this proposed rule.
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    \2\ This document is available on DOE's Web site at: http://www1.eere.energy.gov/buildings/appliance_standards/residential/pdfs/htgp_finalrule_faq.pdf.
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    DOE believes the amended definition of ``vented hearth heater'' 
would provide benefits to both consumers and the gas hearth products 
industry in terms of energy savings and product choice, by allowing 
manufacturers to continue to offer decorative hearth products across a 
broad range of input ratings, rather than limiting decorative hearth 
products to input ratings below the current limitation of 9,000 Btu/h. 
By eliminating the use of standing pilot lights in all decorative 
vented gas hearth products and vented gas log sets beginning on July 1, 
2014, DOE believes the amended definition would result in a significant 
increase in overall energy savings, including those types of units 
eligible for the decorative products exclusion. At the same time, this 
proposal would lessen the impacts and burden on manufacturers of vented 
hearth heaters, while promoting a variety of available models for 
consumers. For vented gas log sets, the proposal would keep their 
treatment consistent with decorative vented hearth products, and would 
result in substantial energy savings. DOE estimates that the 
elimination of standing pilot lights in decorative vented hearth heater 
products and vented gas log sets would result in an additional 0.12 
quads of additional energy savings over the 30-year period from 2014 
through 2043, beyond those savings already achieved by the April 2010 
final rule. Manufacturers who choose not to avail themselves of the 
exclusion would be subject to the energy conservation standards for 
vented hearth heaters promulgated in the April 2010 final rule.
    Therefore, DOE has tentatively concluded that the proposed amended 
definition of ``vented hearth heater'' would improve the existing 
definitions pertaining to direct heating equipment and further clarify 
the scope of the current exclusion from the energy conservation 
standards for those vented hearth heaters that are decorative hearth 
products. In addition, the proposal would result in significant 
additional energy savings, preserve consumer choice, and reduce the 
burden on industry. For these reasons, DOE has tentatively concluded 
that the proposed amendments to DOE's definition of ``vented hearth 
heater'' would provide substantial benefits that outweigh the burden of 
the new requirements for products to be considered decorative hearth 
products, and accordingly, DOE proposes to adopt them in this notice. 
DOE's rationale is presented in further detail immediately below.

II. History of the Energy Conservation Standards Rulemaking and Current 
Standards

    Prior to being amended in 1987, EPCA included home heating 
equipment as covered products. The amendments to EPCA effected by the 
National Appliance Energy Conservation Act of 1987 (NAECA; Pub. L. 100-
12) included replacing the term ``home heating equipment'' with 
``direct heating equipment,'' establishing standards for the direct 
heating equipment, and requiring that DOE determine whether these 
standards should be amended. (42 U.S.C. 6295(e)(3)-(4)) Nowhere in the 
statute is the term ``direct heating equipment'' defined. DOE amended 
the statutorily-prescribed standards for direct heating equipment for 
the first time in a final rule published on April 16, 2010 (i.e., the 
April 2010 final rule), which prescribed the current energy 
conservation standards for direct heating equipment manufactured on or 
after April 16, 2013. 75 FR 20112. Of particular relevance here, the 
April 2010 final rule created a definition for ``vented hearth 
heater,'' established product classes for gas hearth direct heating 
equipment (i.e., vented hearth heaters), and amended the minimum 
standards for direct heating equipment, including gas hearth direct 
heating equipment. The April 2010 final rule defined ``vented hearth 
heater'' at 10 CFR 430.2.
    In addition, the April 2010 final rule amended the definition of 
``vented

[[Page 43944]]

home heating equipment or vented heater'' to include vented hearth 
heaters, along with the other types of heaters (i.e., vented wall 
furnace, vented floor furnace, and vented room heater) that were 
already defined as vented home heating equipment.
    The amended standards established in the April 2010 final rule for 
gas hearth direct heating equipment are set forth in Table II.1.

  Table II.1--Federal Energy Efficiency Standards for Gas Hearth Direct
                            Heating Equipment
------------------------------------------------------------------------
                                                          Standard level
                                                            (Compliance
                      Product class                        date:  4/16/
                                                               2013)
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Gas hearth up to 20,000 Btu/h...........................     AFUE* = 61%
Gas hearth over 20,000 Btu/h and up to 27,000 Btu/h.....      AFUE = 66%
Gas hearth over 27,000 Btu/h and up to 46,000 Btu/h.....      AFUE = 67%
Gas hearth over 46,000 Btu/h............................      AFUE = 68%
------------------------------------------------------------------------
* Annual Fuel Utilization Efficiency.

    Following DOE's adoption of the April 2010 final rule, the Hearth, 
Patio & Barbecue Association (HPBA) sued DOE in the United States Court 
of Appeals for the District of Columbia Circuit to invalidate the rule 
as it pertained to vented gas hearth products. Statement of Issues to 
Be Raised, Hearth, Patio, & Barbecue Association v. Department of 
Energy, et al., No. 10-1113 (DC Cir. filed June 1, 2010). Litigation is 
pending; however, if this rule is adopted as proposed, it may make it 
unnecessary for the Court to resolve some of the issues surrounding the 
April 2010 final rule.

III. Discussion

A. Scope of Coverage of Vented Hearth Products

1. Description of Vented Hearth Products
    Vented hearth products include gas-fired products such as 
fireplaces, fireplace inserts, stoves, and log sets that typically 
include aesthetic features (e.g., yellow flame, large flame) and that 
provide space heating. A vented hearth product can be intended to be a 
used as only a heating appliance or as a heat source with an aesthetic 
appeal. Characteristic of this duality of purpose, units designed as a 
heating appliance and those units that also have a decorative nature 
often share very similar external appearances, unit construction, and 
input capacities, thereby making it difficult to differentiate between 
the two types of hearth products. DOE notes that the primary difference 
between the two types of vented hearth heaters is that decorative units 
provide ambiance and aesthetic utility associated with a solid fuel 
(e.g., wood-burning) fireplace in addition to heat output to the living 
space, whereas heating hearth products tend to focus on providing heat 
to the living space. Products intended for use as a heater are often 
shipped with or designed to be easily retrofitted with additional 
accessories that decorative products do not have, such as thermostats 
to control the heat output. However, DOE research has shown that such 
accessories are typically optional and, thus, not definitive in 
distinguishing between heaters and decorative units. To be clear, all 
vented hearth products constitute direct heating equipment where a gas-
consuming device is inserted into the residential living space, but DOE 
believes that today's proposal to modify the exclusion for decorative 
hearth products strikes an appropriate balance between energy savings 
and consumer choice for such units.
2. Definitions for ``Direct Heating Equipment''
    As discussed in section II above, before the enactment of NAECA, 
EPCA included ``home heating equipment'' in DOE's appliance standards 
program. EPCA did not define ``home heating equipment,'' however. 
NAECA's amendments to EPCA replaced the term ``home heating equipment'' 
with ``direct heating equipment,'' and specified energy conservation 
standards for ``direct heating equipment,'' but once again, the statute 
did not define the term ``direct heating equipment.'' In the absence of 
an unambiguous statutory definition, DOE has discretion to establish a 
reasonable regulatory definition. With that said, Congress's use of 
such broad terminology signals that the definition is open to 
accommodate future technological changes in the marketplace in keeping 
with DOE's energy-saving mandate under EPCA.
    Prior to the April 2010 final rule, DOE had previously defined 
``home heating equipment'' and related terms in its regulations, which 
can be found at 10 CFR 430.2. In the April 2010 final rule, DOE added a 
new definition of ``direct heating equipment,'' defining the term in 
the same manner that it had previously defined home heating equipment. 
75 FR 20112, 20128, 20234 (April 16, 2010). DOE defines both ``home 
heating equipment'' and ``direct heating equipment'' as meaning 
``vented home heating equipment and unvented home heating equipment.'' 
In its definitions at 10 CFR 430.2, DOE goes on to define both ``vented 
home heating equipment'' and ``unvented home heating equipment.'' Prior 
to being amended in the April 2010 final rule, the definition of 
``vented home heating equipment,'' relevant here, read as published in 
10 CFR Parts 400-499, revised as of January 1, 2010.
a. Application to Vented Hearth Products
    In the April 2010 final rule, DOE concluded that vented hearth 
products (i.e., gas-fired products such as fireplaces, fireplace 
inserts, stoves, and log sets) meet its definition of ``vented home 
heating equipment,'' because their designs furnish warmed air to the 
living space of a residence. DOE also concluded, therefore, that they 
are covered products under EPCA and are properly classified as direct 
heating equipment. 75 FR 20112, 20128 (April 16, 2010). Accordingly, 
DOE adopted a new definition of ``vented hearth heater'' and amended 
its definition of ``vented home heating equipment or vented heater'' to 
explicitly include vented hearth heaters, reading as published at 10 
CFR 430.2.
    DOE notes that the terminology ``designed to furnish warmed air'' 
in the definition of ``vented home heating equipment'' is not limited 
to furnishing warmed air through mechanical means by expelling or 
discharging such air, but can also refer to furnishing heat which warms 
the living space air through any method of heat transfer. Because of 
the very nature of hearth products (i.e., the presence of a flame), all 
hearth products create heat, and hearth products provide some amount of 
that heat to the surrounding living space, including radiant heat. As a 
result, DOE believes that all vented hearth products are designed to 
furnish warm air, regardless of whether they have a mechanical means 
for furnishing the air (such as a blower) or grills through which the 
warm air can be circulated via natural convection.
    Based upon the above reasoning, DOE determined that decorative 
vented hearth products are a subset of vented hearth heaters. Further, 
DOE has concluded previously that all vented hearth heaters (including 
decorative vented hearth products) are included in the broader 
classification of direct heating equipment. However, because DOE 
recognizes the aesthetic aspects of vented hearth products that are 
decorative in nature, DOE adopted an exclusion for those products from 
the

[[Page 43945]]

energy conservation standards that were promulgated in the April 2010 
final rule. DOE continues to support this conclusion today, but is 
proposing to change the scope of the exclusion in order to achieve 
greater energy savings, promote consumer product choice, and ease 
manufacturer burdens.
    Given the lack of a statutory definition for ``direct heating 
equipment,'' DOE seeks comment regarding whether its interpretation 
that decorative vented hearth products are a type of direct heating 
equipment is reasonable. This is identified as Issue 1 in section V.E, 
``Issues on Which DOE Seeks Comment.''
b. Application to Vented Gas Log Sets
    In the April 2010 final rule, DOE did not specifically address 
vented gas log sets under the broader classification of direct heating 
equipment. However, given their decorative nature, DOE published a 
document on DOE's Web site titled ``Frequently Asked Questions: `Vented 
Hearth Heater' Definition.'' \3\ In that document, DOE stated that 
because gas log sets are not constructed as part of an entire enclosure 
(i.e., there is no surrounding box or viewing pane) or a sealed system, 
they do not provide the same heating function as gas fireplaces, gas 
fireplace inserts, and gas stoves, which are constructed as enclosed 
systems. Due to these differences, DOE stated that vented gas log sets 
are intended to be installed for decorative purposes, and as a result, 
are not vented hearth heaters.
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    \3\ This document is available on DOE's Web site at: http://www1.eere.energy.gov/buildings/appliance_standards/residential/pdfs/htgp_finalrule_faq.pdf.
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    Upon reconsidering the definitions of ``direct heating equipment,'' 
``vented home heating equipment,'' and ``vented hearth heater'' for 
this notice, DOE has determined that vented gas log sets are heating 
appliances (albeit relatively inefficient ones) and would be included 
as covered products under DOE's definitions. This approach is 
consistent with DOE's treatment of vented hearth products that provide 
both heat and aesthetic appeal. As noted above, DOE has determined that 
the terminology ``designed to furnish warmed air'' in the definition of 
``vented home heating equipment'' is not limited to furnishing warmed 
air through mechanical means by expelling or discharging such air, but 
instead, it can refer to furnishing heat which warms the living space 
air through any method of heat transfer. Nor is the phrase ``designed 
to furnish warmed air'' dependent on a manufacturer's principal 
intention in designing, manufacturing, or marketing such products. 
Because vented gas log sets will provide some amount of heat to the 
living space, DOE believes that all vented gas log sets are designed to 
furnish warm air and, thus, are a subset of vented hearth heaters. As 
with decorative vented gas hearth products, DOE recognizes that vented 
gas log sets are typically decorative in nature, and is proposing to 
exclude them from DOE's standards for vented hearth heaters if they 
meet the specific set of criteria outlined in section III.B and 
discussed in detail in section III.C.
    Given the lack of a statutory definition for ``direct heating 
equipment,'' DOE seeks comment regarding whether its interpretation 
that vented gas log sets are a type of direct heating equipment is 
reasonable. This is identified as Issue 1 in section V.E, ``Issues on 
Which DOE Seeks Comment.''

B. Proposed Definition for ``Vented Hearth Heater''

    The amended definition for ``vented hearth heater'' that DOE is 
proposing in today's document reads as as set forth in the amendment to 
10 CFR 430.2 later in this proposed rule.
    The amendments to the definition of ``vented hearth heater'' being 
proposed in this notice are related to the scope of the exclusion for 
the subset of such heaters that DOE has determined should not be 
subject to the current energy conservation standards otherwise 
applicable to vented hearth heaters. In the April 2010 final rule, DOE 
defined the exclusion for decorative vented hearth products as those 
with input ratings below 9,000 Btu/h. 75 FR 20112, 20129, 20234 (April 
16, 2010). The changes to the definition that DOE is proposing in this 
notice are twofold and are discussed in the paragraphs that follow.
    First, DOE is proposing to exclude vented gas log sets from being 
subject to the energy conservation standards for vented hearth heaters, 
provided that they meet the set of criteria outlined in the definition 
of ``vented hearth heater.'' These products were previously not 
considered to be subject to standards for direct heating equipment; 
however, as noted in section III.A.2.b, DOE now believes these products 
should be subject to standards, unless they qualify for an exclusion 
along the lines of that proposed for vented gas hearth products.
    Second, DOE is also proposing a specific set of criteria (rather 
than the 9,000 Btu/h input rating limitation) for establishing that a 
subset of vented hearth products should be excluded from the energy 
conservation standards because such units are decorative in nature. DOE 
believes that the conditions outlined in the definition for classifying 
a vented hearth product as decorative will create a clear division 
between vented hearth products that will be subject to DOE's standards 
for gas hearth direct heating equipment and those vented hearth 
products that focus primarily on providing ambiance and aesthetic 
utility, which will not be subject to DOE's standards. DOE also expects 
that the proposed amendments to the definition would lessen the burden 
on manufacturers and allow DOE to achieve greater energy savings than 
under the previous definition, while still achieving the energy 
efficiency mandate of EPCA, primarily through elimination of standing 
pilot lights or other continuously-burning ignition sources. In fact, 
DOE's analysis suggests that amendments associated with the proposed 
definition would result in significant energy savings that will be 
greater than the savings under the definition adopted in the April 2010 
final rule, both overall as well as for the types of units eligible for 
the exclusion. (See section III.D of this notice for details on the 
estimated energy savings.)

C. Description of Criteria for Classification as Decorative Vented 
Hearth Products

    As noted above, DOE's proposed amendments to the definition of 
``vented hearth heater'' provide an exclusion for products that are 
decorative in nature, provided that they meet the criteria outlined in 
the definition. The exclusion criteria for vented gas log sets and 
vented hearth products are essentially the same (with the only 
exception being the first criterion), and are discussed together in the 
paragraphs below.
    The first criterion that a product must meet to be considered a 
decorative vented hearth product or vented gas log set is that it must 
be certified to a certain ANSI standard. Specifically, for vented 
hearth products, it must be certified to ANSI Standard Z21.50, Vented 
Gas Fireplaces, and not be certified to ANSI Standard Z21.88, Vented 
Gas Fireplace Heaters. For vented gas log sets, it must be certified to 
ANSI Standard Z21.60, Decorative Gas Fireplaces for Installation in a 
Solid-Fuel Fireplace. DOE recognizes that the hearth products industry 
has attempted to distinguish between heater and decorative products 
using the certification under one of these standards as the criterion 
for classification into one category or the other. Further, ANSI 
Standard Z21.88 contains provisions that allow the main

[[Page 43946]]

burners to be thermostatically-controlled. Therefore, DOE believes this 
criterion would be helpful in differentiating between vented hearth 
heaters and vented hearth products that are decorative in nature. In 
addition, the criterion for gas log sets would ensure that any products 
that meet the conditions for exclusion from energy conservation 
standards are certified to ensure safety and proper operation as a gas 
log set.
    The second criterion in the proposed definition is that the product 
must be sold without a thermostat and with a warranty provision 
expressly voiding all manufacturer warranties in the event the product 
is used with a thermostat. Hearth products intended for heating 
sometimes use thermostats to automatically turn on and off based on the 
temperature of the surrounding space. Often, thermostats are optional 
equipment that may be installed in the field. DOE believes that there 
should be no reason for a product intended to be used primarily for 
decorative purposes would need to employ a thermostat. In addition, DOE 
believes a provision in the warranty that voids it if a thermostat is 
installed will discourage the misuse of vented hearth products that are 
intended to be decorative and also discourage evasion of energy 
conservation standards by those who purchase decorative products and 
seek to use them as heaters.
    The third criterion is that the product must expressly and 
conspicuously be identified on its rating plate and in all manufacturer 
advertising and product literature as a ``Decorative Product: Not For 
Use As A Heating Appliance.'' This requirement will provide additional 
clarification for consumers and installers and make it obvious that the 
product is intended for decorative purposes only.
    In the final criterion, which is perhaps of the greatest 
significance, DOE is proposing that products manufactured on or after 
July 1, 2014 must not be equipped with a standing pilot light or other 
continuously-burning ignition source in order to qualify for exclusion 
from energy conservation standards for vented hearth heaters. According 
to DOE's market research, more than half of the decorative hearth 
product market and more than three-quarters of the vented gas log 
market would not be impacted, because the products already utilize 
alternatives to a standing pilot light, such as an intermittent pilot 
or electronic ignition. However, if DOE adopts the proposed definition 
of ``vented hearth heater'' in a final rule, DOE notes that some 
products on the market would need to be: (1) Redesigned to eliminate 
the use of standing pilot lights or other continuously-burning ignition 
source; (2) redesigned by April 16, 2013 to meet the required standard 
level for gas hearth direct heating equipment established by the April 
2010 final rule; or (3) removed from the market prior to July 1, 2014. 
DOE believes that given the prevalence of the technological 
alternatives to standing pilot lights and other continuously-burning 
ignition sources (e.g., electronic ignition, intermittent pilot) and 
the experience of manufacturers in implementing these alternatives, a 
compliance date of July 1, 2014 allows a reasonable amount of time for 
manufacturers to redesign or remove from the market their products with 
standing pilots or shift production to product lines without a standing 
pilot or other continuously-burning ignition source. DOE is interested 
in receiving comment from interested parties on the proposed compliance 
date for vented gas hearth products and vented gas log sets, including 
specific rationales and accompanying data as to why a different 
timeline for eliminating standing pilots or other continuously-burning 
ignition sources from decorative vented gas hearth products or vented 
gas log sets may or may not be warranted. This is identified as Issue 2 
in section V.E, ``Issues on Which DOE Seeks Comment.''
    In addition, DOE seeks comments on all aspects of the proposed 
definition for ``vented hearth heater,'' in particular, the criteria 
for exclusion of vented hearth products and vented gas log sets that 
are decorative in nature. This is identified as Issue 3 in section V.E, 
``Issues on Which DOE Seeks Comment.''

D. National Energy Savings

    As noted above, DOE is proposing that to qualify for an exclusion 
from the current energy conservation standards for products that are 
decorative in nature, vented gas hearth products and vented gas log 
sets manufactured on or after July 1, 2014 must not be equipped with a 
standing pilot light or other continuously-burning ignition source. DOE 
analyzed the energy savings expected to result from exclusion of the 
standing pilot light or other continuously-burning ignition source in 
the amended ``vented hearth heater'' definition. Based on information 
about vented hearth product models available in the market,\4\ DOE 
estimated that about 38 percent of the vented decorative hearth models 
on the market would need to be redesigned to eliminate the use of 
standing pilot lights or other continuously-burning ignition sources. 
DOE also estimated that 20 percent of vented gas logs would have 
standing pilot lights or other continuously-burning ignition sources, 
based on a 1997 GTI study.\5\ The remaining portion of the market is 
assumed to already utilize ignition alternatives, such as an 
intermittent pilot or electronic ignition.
---------------------------------------------------------------------------

    \4\ U.S. Department of Energy-Office of Codes and Standards, 
Analytical Tools: Energy Conservation Standards for Residential 
Water Heaters, Direct Heating Equipment, and Pool Heaters (April 27, 
2010).
    \5\ Menkedick, J., Hartford, P., Collins, S., Chumaker, S., 
Wells, D. Topic Report: Hearth Products Study (1995-1997). Gas 
Research Institute (GRI). September 1997. GRI-97/0298.
---------------------------------------------------------------------------

    To estimate the energy savings associated with today's proposal, 
DOE assumed that all decorative hearth products and vented gas log 
models with standing pilot lights or other continuously-burning 
ignition sources would be replaced with an intermittent pilot ignition, 
and would have an average duration of the pilot operation of about 37.5 
h/yr (the same as the main burner operating hours \6\). On average, 
continuous pilot energy use is about 350 Btu/h \7\ for decorative 
vented hearth products \8\ and 1,250 Btu/h for vented gas logs.\9\ For 
both vented hearth products and vented gas log sets, DOE assumed that 
pilot lights operate year round (i.e., 8,760 h/yr) for 75 percent of 
the installations and that for the remaining 25 percent, the consumer 
operates the pilot for about one-fourth of the year (i.e., 2190 h/yr). 
Thus, the average annual energy savings amount to 2.67 million Btu per 
unit for

[[Page 43947]]

decorative vented hearth products and 9.53 million Btu per unit for 
vented gas logs. DOE assumed an average lifetime of 15 years for both 
decorative vented hearth and vented gas logs units and average annual 
shipments of 460,000 decorative vented hearth units and 103,000 vented 
gas logs units.
---------------------------------------------------------------------------

    \6\ Houck, James, ``Residential Decorative Gas Fireplace Usage 
Characteristics'' (Report prepared for HPBA) (2010).
    \7\ U.S. Department of Energy-Office of Codes and Standards, 
Technical Support Document: Energy Conservation Standards for 
Residential Water Heaters, Direct Heating Equipment, and Pool 
Heaters (April 27, 2010).
    \8\ U.S. Department of Energy-Office of Codes and Standards, 
Technical Support Document: Energy Conservation Standards for 
Residential Water Heaters, Direct Heating Equipment, and Pool 
Heaters (April 27, 2010).
    \9\ This value was derived from data collected on the following 
manufacturer Web sites:
    Pittsburgh Gas Grill and Heater Co. Frequently Asked Questions. 
(URL: http://www.pittsburghgasgrill.com/faq.html).
    Hargrove Hearth Products. Frequently Asked Questions. (URL: 
http://www.hargrovegaslogs.com/faq.htm).
    Leonard's Stone & Fireplace. Frequently Asked Questions. (URL: 
http://www.leonardsstoneandfireplace.net/faq.html).
    Fireside Hearth & Home. Frequently Asked Questions. (URL: http://www.firesidehearthandhome.com/faq.php).
    Heatilator. Common Questions. (URL: http://www.heatilator.com/customerCare/searchFaq.asp?c=Gas).
---------------------------------------------------------------------------

    In the April 2010 final rule, DOE estimated the national energy 
savings over the analysis period (2013-2042) for the vented hearth 
heaters to be 0.19 quads. 75 FR 20112, 20185 (April 16, 2010). Based on 
current information, DOE has determined that approximately 70 percent 
of the vented hearth products considered in 2010 are decorative hearth 
products. If one assumes that manufacturers were to avail themselves of 
the exclusion proposed in this rulemaking for all such products, DOE's 
revised national energy savings (NES) estimates show that the savings 
for the vented hearth heaters under the April 2010 standards would be 
0.06 quads, which does not include any energy savings from products 
considered decorative in nature. Using the above assumptions, DOE 
calculated the national energy savings over the analysis period to be 
0.17 quads for decorative hearth products and 0.07 quads for vented gas 
log sets under the proposed revised definition of ``vented hearth 
heater'' in today's rule which would eliminate the standing pilot 
lights on those units. Accounting for the approximately 0.13 quad 
reduction in energy savings for 2010 final rule (from assuming that all 
decorative products avail themselves of the exclusion proposed in this 
rulemaking), DOE estimated that the net additional national energy 
savings compared to the 2010 final rule would be 0.12 quads (rounded to 
two significant figures).

IV. Procedural Issues and Regulatory Review

A. Review Under Executive Orders 12866 and 13563

    Section 1(b)(1) of Executive Order 12866, ``Regulatory Planning and 
Review,'' 58 FR 51735 (Oct. 4, 1993), requires each agency to identify 
the problem that it intends to address, including, where applicable, 
the failures of private markets or public institutions that warrant new 
agency action, as well as to assess the significance of that problem. 
The problems that the standards in this rule address are as follows:
    (1) There is a lack of consumer information and/or information 
processing capability about energy efficiency opportunities in the home 
appliance market.
    (2) There is asymmetric information (one party to a transaction has 
more and better information than the other) and/or high transactions 
costs (costs of gathering information and affecting exchanges of goods 
and services).
    (3) There are external benefits resulting from improved energy 
efficiency of direct heating equipment that are not captured by the 
users of such equipment. These benefits include externalities related 
to environmental protection and energy security that are not reflected 
in energy prices, such as reduced emissions of greenhouse gases.
    In addition, DOE has determined that today's regulatory action is 
not an ``economically significant regulatory action'' under section 
3(f)(1) of Executive Order 12866. Accordingly, DOE has not prepared a 
regulatory impact analysis (RIA) on today's rule, and the Office of 
Information and Regulatory Affairs (OIRA) in the Office of Management 
and Budget (OMB) is not required to review this rule.
    DOE has also reviewed this regulation pursuant to Executive Order 
13563, issued on January 18, 2011 (76 FR 3281 (Jan. 21, 2011)). 
Executive Order 13563 is supplemental to and explicitly reaffirms the 
principles, structures, and definitions governing regulatory review 
established in Executive Order 12866. To the extent permitted by law, 
agencies are required by Executive Order 13563 to: (1) Propose or adopt 
a regulation only upon a reasoned determination that its benefits 
justify its costs (recognizing that some benefits and costs are 
difficult to quantify); (2) tailor regulations to impose the least 
burden on society, consistent with obtaining regulatory objectives, 
taking into account, among other things, and to the extent practicable, 
the costs of cumulative regulations; (3) select, in choosing among 
alternative regulatory approaches, those approaches that maximize net 
benefits (including potential economic, environmental, public health 
and safety, and other advantages; distributive impacts; and equity); 
(4) to the extent feasible, specify performance objectives, rather than 
specifying the behavior or manner of compliance that regulated entities 
must adopt; and (5) identify and assess available alternatives to 
direct regulation, including providing economic incentives to encourage 
the desired behavior, such as user fees or marketable permits, or 
providing information upon which choices can be made by the public.
    DOE emphasizes as well that Executive Order 13563 requires agencies 
to use the best available techniques to quantify anticipated present 
and future benefits and costs as accurately as possible. In its 
guidance, the Office of Information and Regulatory Affairs has 
emphasized that such techniques may include identifying changing future 
compliance costs that might result from technological innovation or 
anticipated behavioral changes. For the reasons stated in the preamble, 
DOE believes that today's NOPR is consistent with these principles, 
including the requirement that, to the extent permitted by law, 
agencies adopt a regulation only upon a reasoned determination that its 
benefits justify its costs and, in choosing among alternative 
regulatory approaches, those approaches maximize net benefits.

B. Review Under the Regulatory Flexibility Act

    The Regulatory Flexibility Act (5 U.S.C. 601 et seq.) requires 
preparation of an initial regulatory flexibility analysis (IRFA) for 
any rule that by law must be proposed for public comment, unless the 
agency certifies that the rule, if promulgated, will not have a 
significant economic impact on a substantial number of small entities. 
As required by Executive Order 13272, ``Proper Consideration of Small 
Entities in Agency Rulemaking,'' 67 FR 53461 (August 16, 2002), DOE 
published procedures and policies on February 19, 2003, to ensure that 
the potential impacts of its rules on small entities are properly 
considered during the rulemaking process. 68 FR 7990. DOE has made its 
procedures and policies available on the Office of the General 
Counsel's Web site (http://www.gc.doe.gov).
    DOE reviewed the impacts of the proposed amendments in today's NOPR 
under the provisions of the Regulatory Flexibility Act and the 
procedures and policies discussed above. As a result of this review, 
DOE has prepared an IRFA for vented hearth products, a copy of which 
DOE will transmit to the Chief Counsel for Advocacy of the SBA for 
review under 5 U.S.C. 605(b). As presented and discussed below, the 
IFRA describes potential impacts on small manufacturers of vented 
hearth products associated with the required capital and product 
conversion costs from the proposed amended definition for ``vented 
hearth heater,'' which would change the scope of the exclusion from the 
applicable energy conservation standard.
1. Statement of the Need for, and Objectives of, the Rule
    The reasons why DOE is proposing to amend the definition of 
``vented hearth heater'' in today's NOPR and the

[[Page 43948]]

objectives of this and other related amendments are provided elsewhere 
in the preamble and not repeated here.
2. Description and Estimated Number of Small Entities Regulated
    For manufacturers of direct heating equipment, the Small Business 
Administration (SBA) has set a size threshold, which defines those 
entities classified as ``small businesses'' for the purposes of the 
statute. DOE used the SBA's small business size standards to determine 
whether any small entities would be subject to the requirements of the 
rule. 65 FR 30836, 30848 (May 15, 2000), as amended at 65 FR 53533, 
53544 (Sept. 5, 2000) and codified at 13 CFR Part 121. The size 
standards are listed by North American Industry Classification System 
(NAICS) code and industry description, which are available at: http://www.sba.gov/sites/default/files/Size_Standards_Table.pdf. Direct 
heating equipment manufacturing is classified under NAICS 333414, 
``Heating Equipment (except Warm Air Furnaces) Manufacturing.'' The SBA 
sets a threshold of 500 employees or less for an entity to be 
considered as a small business for this category.
    In preparation for the April 2010 final rule, DOE conducted a 
market survey using all available public information to identify 
potential small manufacturers of the type of products that are the 
subject of this rulemaking. DOE's research included the HPBA membership 
directory, Air-Conditioning, Heating, and Refrigeration Institute 
(AHRI) product databases, and individual company Web sites to find 
potential small business manufacturers. DOE also asked stakeholders and 
industry representatives if they were aware of any other small 
manufacturers during manufacturer interviews and at previous DOE public 
meetings. DOE reviewed all publicly-available data and contacted 
various companies, as necessary, to determine whether they met the 
SBA's definition of a small business manufacturer of covered 
residential direct heating equipment. DOE screened out companies that 
did not offer products covered by this rulemaking, did not meet the 
definition of a ``small business,'' or are foreign owned and operated. 
In the April 2010 final rule, DOE identified 10 small manufacturers of 
vented gas hearth products, and DOE believes that the vented hearth 
heater market has not changed significantly since the time of the April 
2010 final rule. Before issuing the NOPR that lead to the April 2010 
final rule, DOE attempted to contact the small business manufacturers 
of vented hearth products. One of the small businesses consented to 
being interviewed during the MIA interviews, and DOE received feedback 
from an additional two small businesses through survey responses. DOE 
also obtained information about small business impacts while 
interviewing manufacturers that exceed the small business size 
threshold of 500 employees in this industry. The remaining small 
businesses that DOE identified in the rule did not respond to requests 
for additional information or interviews.
    For this rulemaking, DOE also identified seven small business 
manufacturers of vented gas log sets. Of these manufacturers, three are 
also small business manufacturers of decorative hearth products and, 
consequently, were previously identified. The only covered products 
made by the remaining four small business manufacturers are vented gas 
log sets. DOE attempted to contact the four small business 
manufacturers of gas log sets that it identified. Additionally, DOE 
believes that given the similarities in these types of products, the 
compliance costs of small business manufacturers of vented gas log sets 
resulting from this rulemaking can be reasonably assumed to be largely 
the same as the compliance costs of small business manufacturers of 
vented gas hearth products.
3. Description and Estimate of Compliance Requirements
    For the April 2010 final rule, DOE calculated the anticipated 
capital and product development costs for vented hearth heaters by 
estimating per-line cost and average number of product lines for a 
typical small business manufacturer. DOE used certification databases, 
product catalogs, interviews with manufacturers, and sources of public 
information to estimate the impacts of the rule on small business 
manufacturers. In the final rule, DOE concluded that because a typical 
manufacturer of vented hearth products already offers multiple product 
lines that meet and exceed the required efficiencies and because most 
product lines that did not meet the proposed standard could be upgraded 
with relatively minor changes, manufacturers, including the small 
business manufacturers, would be able to maintain a viable number of 
product offerings. 75 FR 20112, 20231 (April 16, 2010).
    In order to comply with the energy conservation standards 
promulgated in the April 2010 final rule, manufacturers of decorative 
hearth products with efficiencies lower than the minimum allowable 
standard and input ratings above 9,000 Btu/h would need to either: (1) 
Redesign their products to meet the required standard level for gas 
hearth direct heating equipment; (2) redesign their products to ensure 
that input ratings are below 9,000 Btu/h; or (3) discontinue 
manufacturing those products. In the April 2010 final rule, DOE assumed 
manufacturers would redesign their products with input rating below 
9,000 Btu/h with relatively minor changes to existing decorative 
products. 75 FR 20112, 20129 (April 16, 2010). Under the amended 
definition of ``vented hearth heater'' proposed in this notice, the 
9,000 Btu/h limitation would no longer apply for purposes of exclusion 
from the energy conservation standard. Instead, vented hearth products 
(regardless of input rating) would not be subject to the minimum 
standard for vented hearth heaters if they comply with the four 
criteria outlined above (i.e., (1) Certified to ANSI Standard Z21.50 
and not to ANSI Standard Z21.88); (2) sold without a thermostat and 
with a warranty provision expressly voiding all manufacturer warranties 
in the event the product is used with a thermostat; (3) expressly and 
conspicuously identified on its rating plate and in all manufacturer's 
advertising and product literature as a ``Decorative Product: Not For 
Use As A Heating Appliance''; and (4) with respect to products sold 
after July 1, 2014, not equipped with a standing pilot light or other 
continuously-burning ignition source). Under the April 2010 final rule, 
vented gas log sets were not addressed. However, under today's 
proposal, vented gas log sets would be required to either meet the 
energy conservation standard for vented hearth heaters or to meet the 
four criteria outlined above for their exclusion (which are the same as 
the criteria for vented hearth products, except that they must be 
certified to ANSI Z21.60, rather than ANSI Z21.50, as it is the 
applicable standard for gas log sets).
    Each of the definitional criteria for decorative gas hearth 
products and vented gas log sets would have differing impacts on small 
business manufacturers. The first criterion (that the product must be 
certified to ANSI Standard Z21.50 and not ANSI Standard Z21.88 for 
decorative hearth products, and that the product must be certified to 
ANSI Z21.60 for gas log sets) would not impose new conversion costs on 
small businesses since DOE is not aware of any vented hearth products 
on the market that are not already certified to one of these standards. 
Products

[[Page 43949]]

considered by manufacturers to be decorative in nature are already 
certified to ANSI Standard Z21.50 (vented hearth products), and to ANSI 
Z21.60 (vented gas log sets). For these reasons, DOE believes that this 
criterion would not cause any additional compliance requirements for 
manufacturers, including small businesses.
    Complying with the second and third criteria would require 
manufacturers to clearly identify the decorative nature of the vented 
hearth product and vented gas log set, as well as further detail the 
warranty provisions of the hearth product. These provisions would 
require an update of the product and marketing literature and product 
labeling, which DOE believes would result in added product conversion 
costs. However, DOE notes that product conversion costs to update 
manufacturer literature and labels will also be required under the 
definition and standards for gas hearth direct heating equipment (i.e., 
vented hearth heaters) set forth by the April 2010 final rule, due to 
the requirements for making representations of the AFUE as well as 
certifying compliance to the Department. Under the April 2010 final 
rule, all of the product and marketing materials would have to have 
been revised to reflect the test AFUE. Because the compliance date for 
the standards promulgated in the April 2010 final rule is April 2013, 
DOE believes that manufacturers have likely not already updated product 
literature in preparation for compliance with those standards. 
Consequently, DOE estimated that all manufacturers, including small 
businesses, would continue to incur these product conversion cost under 
both rules for those products affected by the definitional change. 
Regarding the second criterion that eliminates the option for 
manufacturers to offer a thermostat with any decorative hearths, DOE 
does not believe that this would impose any additional costs or burdens 
because thermostats are optional features and their removal would not 
require any redesign of existing product lines. Further, many 
decorative hearths are not offered with an optional thermostat from the 
point of sale by the manufacturer, so DOE believes this criterion alone 
would have little impact on the existing market, but would provide 
additional assurance that decorative products are not being installed 
as heating appliances. Consequently, DOE believes that the second and 
third criteria would simply result in revising product specifications, 
marketing materials, and products labels to make clear the intended use 
of decorative hearths, which DOE believes would have a minimal impact 
on manufacturers, including small businesses.
    Lastly, DOE considered the impacts of the final criterion to 
qualify for the decorative exclusion from the energy conservation 
standards for vented hearth heaters and vented gas log sets. That 
criterion requires manufacturers to eliminate standing pilot lights and 
other continuously-burning ignition devices from decorative vented 
hearth products by July 1, 2014 which would cause manufacturers to 
incur conversion costs to qualify for the proposed exclusion from the 
energy conservation standards. To calculate the conversion costs for 
decorative hearth products to remove standing pilots, DOE approximated 
the total number of product lines for decorative vented hearth products 
using the average number of annual shipments of decorative gas hearth 
products per product line, along with the average total shipments 
assumed for the analysis of national energy savings (i.e., 460,000 
units per year). To determine the average number of annual shipments of 
decorative gas hearth products per product line, DOE assumed that each 
decorative vented gas hearth product line has approximately the same 
number of annual shipments per line as the gas hearth products analyzed 
for the April 2010 final rule. Using this method, DOE found 
approximately 110 total decorative product lines. Using the assumption 
that 38 percent of decorative gas hearth products would have to remove 
standing pilots, 42 of these product lines would have to be upgraded by 
July 1, 2014. To calculate the conversion costs for vented gas log 
sets, DOE used market data and the assumptions for the per line 
conversion costs to remove standing pilots from gas hearth products. To 
determine the number of vented gas log product lines with standing 
pilots, DOE reviewed the company Web sites for all manufacturers of gas 
hearth products and all manufacturers that certify gas space heaters 
with the California Energy Commission (CEC) and are listed in CEC's 
appliance efficiency directory. DOE also conducted product searches to 
verify that it had captured all vented gas log sets that use a standing 
pilot. If it was not clear from the literature whether the vented gas 
log sets had a standing pilot, DOE assumed the product used a standing 
pilot. DOE found 35 vented gas log product lines that would need to be 
updated to remove the standing pilot ignition system by the July 1, 
2014 deadline set in the proposed exclusion.
    DOE believes that the elimination of standing pilot would only 
result in product conversion costs associated with testing and 
recertification to the ANSI safety standards for the newly designed 
products. If all 77 product lines need to be retested and recertified 
as a result of the incorporation of standing pilots into the system, 
the estimated product conversion cost would be approximately $693,000 
for the industry to comply with the proposed July 1, 2014 exclusion 
criteria for both decorative gas hearth products and vented gas log 
sets. DOE does not believe any capital conversion costs would be needed 
for manufacturers to comply with the criterion for elimination of the 
standing pilot, because manufacturers would not need to make any 
changes to their existing facilities to incorporate this design change 
into their product lines. Overall, the total conversion costs with 
today's proposed amendments would be expected to be slightly lower than 
the total conversion costs for manufacturers of vented gas hearth 
heaters for the April 2010 final rule.
    In considering the impacts of this requirement, DOE compared it to 
the alternative of leaving in place the requirements in the April 2010 
final rule, assuming manufacturers chose not to design for a Btu rating 
lower than 9,000 Btu/h. If the definition of ``vented hearth heater'' 
were to remain as it was in the April 2010 final rule, manufacturers 
would have to redesign all decorative hearth products with input 
ratings over 9,000 Btu/h either to meet the minimum standard for gas 
hearth direct heating equipment or to have an input rating below 9,000 
Btu/h, or discontinue manufacturing those products. Under the newly 
proposed definition, instead of completely redesigning those products 
to improve energy efficiency, manufacturers could make a comparatively 
minor engineering change of replacing the standing pilot or other 
continuously-burning ignition with an alternative technology such as an 
electronic ignition or interrupted ignition device. DOE believes that 
replacing the standing pilot or other continuously-burning ignition 
device with an alternative technology would be less burdensome to 
manufacturers than a complete redesign of decorative hearth products to 
meet the minimum standard or to have an input rating below 9,000 Btu/h. 
Moreover, a redesign to comply with the energy conservation standard 
would likely necessitate elimination of any standing pilot on units so 
equipped anyway, along with additional

[[Page 43950]]

engineering changes to improve efficiency. In addition, manufacturers 
would be required to test and certify their equipment to DOE 
efficiency's standards along with the ANSI safety standards, further 
increasing the cost and burden of compliance with the energy 
conservation standard in comparison to simply replacing the standing 
pilot or continuously-burning ignition with an alternative technology.
    As a result of the considerations discussed above, DOE has 
concluded that today's proposal would not disproportionately impact 
small manufacturers of vented hearth products and vented gas logs. DOE 
requests comment on its assessment of the impact of today's proposal on 
small business manufacturers.
4. Duplication, Overlap, and Conflict with Other Rules and Regulations
    DOE is not aware of any rules or regulations that duplicate, 
overlap, or conflict with the rule being considered today.
5. Significant Alternatives to the Proposed Rule
    The discussion above analyzes impacts on small businesses that 
would result from the amended definition for ``vented hearth heater,'' 
due to its effect on which units will be subject to energy conservation 
standards. DOE believes that the amended definition proposed in this 
notice would represent a similar burden on industry, including small 
business manufacturers, in comparison to the definition included in the 
April 2010 final rule. In that rule, DOE rejected the other 
alternatives to the rule because of the lower energy savings that 
associated with those alternatives.
    DOE continues to seek input from businesses that would be affected 
by this rulemaking and will consider comments received in response to 
the NOPR for the development of final rule. This is identified as Issue 
4 in section V.E, ``Issues on Which DOE Seeks Comment.''

C. Review Under the Paperwork Reduction Act of 1995

    Manufacturers of direct heating equipment must certify to DOE that 
their products comply with any applicable energy conservation 
standards. In certifying compliance, manufacturers must test their 
products according to the DOE test procedures for direct heating 
equipment, including any amendments adopted for those test procedures. 
DOE has established regulations for the certification and recordkeeping 
requirements for all covered consumer products and commercial 
equipment, including direct heating equipment. (76 FR 12422 (March 7, 
2011). The collection-of-information requirement for the certification 
and recordkeeping is subject to review and approval by OMB under the 
Paperwork Reduction Act (PRA). (44 U.S.C. 3501 et seq.) This 
requirement has been approved by OMB under OMB control number 1910-
1400. Public reporting burden for the certification is estimated to 
average 20 hours per response, including the time for reviewing 
instructions, searching existing data sources, gathering and 
maintaining the data needed, and completing and reviewing the 
collection of information.
    Notwithstanding any other provision of the law, no person is 
required to respond to, nor shall any person be subject to a penalty 
for failure to comply with, a collection of information subject to the 
requirements of the PRA, unless that collection of information displays 
a currently valid OMB Control Number.

D. Review Under the National Environmental Policy Act of 1969

    DOE has prepared a draft environmental assessment (EA) of the 
impacts of the proposed rule pursuant to the National Environmental 
Policy Act of 1969 (42 U.S.C. 4321 et seq.), the regulations of the 
Council on Environmental Quality (40 CFR Parts 1500-1508), and DOE's 
regulations for compliance with the National Environmental Policy Act 
of 1969 (10 CFR Part 1021). This assessment, which has been placed in 
the docket for this rulemaking, includes an examination of the 
potential effects of emission reductions likely to result from the rule 
in the context of global climate change, as well as other types of 
environmental impacts. The estimated additional cumulative 
CO2 and NOX emissions reductions for these 
proposed amendments to the energy conservation standards are 5.0 
million metric tons (Mt) for CO2 and 3.9 thousand metric 
tons (kt) for NOX. Before issuing a final rule for direct 
heating equipment, DOE will consider public comments and, as 
appropriate, determine whether to issue a finding of no significant 
impact (FONSI) as part of a final EA or to prepare an environmental 
impact statement (EIS) for this rulemaking.

E. Review Under Executive Order 13132

    Executive Order 13132, ``Federalism,'' 64 FR 43255 (Aug. 10, 1999) 
imposes certain requirements on Federal agencies formulating and 
implementing policies or regulations that preempt State law or that 
have Federalism implications. The Executive Order requires agencies to 
examine the constitutional and statutory authority supporting any 
action that would limit the policymaking discretion of the States and 
to carefully assess the necessity for such actions. The Executive Order 
also requires agencies to have an accountable process to ensure 
meaningful and timely input by State and local officials in the 
development of regulatory policies that have Federalism implications. 
On March 14, 2000, DOE published a statement of policy describing the 
intergovernmental consultation process it will follow in the 
development of such regulations. 65 FR 13735. EPCA governs and 
prescribes Federal preemption of State regulations as to energy 
conservation for the products that are the subject of today's proposed 
rule. States can petition DOE for exemption from such preemption to the 
extent, and based on criteria, set forth in EPCA. (42 U.S.C. 6297) No 
further action is required by Executive Order 13132.

F. Review Under Executive Order 12988

    With respect to the review of existing regulations and the 
promulgation of new regulations, section 3(a) of Executive Order 12988, 
``Civil Justice Reform,'' imposes on Federal agencies the general duty 
to adhere to the following requirements: (1) Eliminate drafting errors 
and ambiguity; (2) write regulations to minimize litigation; and (3) 
provide a clear legal standard for affected conduct rather than a 
general standard and promote simplification and burden reduction. 61 FR 
4729 (Feb. 7, 1996). Section 3(b) of Executive Order 12988 specifically 
requires that Executive agencies make every reasonable effort to ensure 
that the regulation: (1) Clearly specifies the preemptive effect, if 
any; (2) clearly specifies any effect on existing Federal law or 
regulation; (3) provides a clear legal standard for affected conduct 
while promoting simplification and burden reduction; (4) specifies the 
retroactive effect, if any; (5) adequately defines key terms; and (6) 
addresses other important issues affecting clarity and general 
draftsmanship under any guidelines issued by the Attorney General. 
Section 3(c) of Executive Order 12988 requires Executive agencies to 
review regulations in light of applicable standards in section 3(a) and 
section 3(b) to determine whether they are met or it is unreasonable to 
meet one or more of them. DOE has completed the required review and 
determined that, to the extent permitted by law, this proposed rule 
meets the relevant standards of Executive Order 12988.

[[Page 43951]]

G. Review Under the Unfunded Mandates Reform Act of 1995

    Title II of the Unfunded Mandates Reform Act of 1995 (UMRA) 
requires each Federal agency to assess the effects of Federal 
regulatory actions on State, local, and Tribal governments and the 
private sector. Public Law 104-4, sec. 201 (codified at 2 U.S.C. 1531). 
For a regulatory action likely to result in a rule that may cause the 
expenditure by State, local, and Tribal governments, in the aggregate, 
or by the private sector of $100 million or more in any one year 
(adjusted annually for inflation), section 202 of UMRA requires a 
Federal agency to publish a written statement that estimates the 
resulting costs, benefits, and other effects on the national economy. 
(2 U.S.C. 1532(a), (b)) The UMRA also requires a Federal agency to 
develop an effective process to permit timely input by elected officers 
of State, local, and Tribal governments on a proposed ``significant 
intergovernmental mandate,'' and requires an agency plan for giving 
notice and opportunity for timely input to potentially affected small 
governments before establishing any requirements that might 
significantly or uniquely affect small governments. On March 18, 1997, 
DOE published a statement of policy on its process for 
intergovernmental consultation under UMRA. 62 FR 12820. DOE's policy 
statement is also available at http://www.gc.doe.gov.
    Today's proposed rule does not contain a Federal intergovernmental 
mandate, because it will not require expenditures of $100 million or 
more by State, local, and Tribal governments, in the aggregate, or by 
the private sector. DOE has considered expenditures that will result 
from updating manufacturer literature, product labels, and making 
design changes to decorative hearth products to eliminate the standing 
pilot light or other continuously-burning ignition source, and 
concluded that these expenditures will total less than $100 million. 
Accordingly, no further action is required under the UMRA.

H. Review Under the Treasury and General Government Appropriations Act, 
1999

    Section 654 of the Treasury and General Government Appropriations 
Act, 1999 (Pub. L. 105-277) requires Federal agencies to issue a Family 
Policymaking Assessment for any rule that may affect family well-being. 
This rule would not have any impact on the autonomy or integrity of the 
family as an institution. Accordingly, DOE has concluded that it is not 
necessary to prepare a Family Policymaking Assessment.

I. Review Under Executive Order 12630

    DOE has determined, under Executive Order 12630, ``Governmental 
Actions and Interference with Constitutionally Protected Property 
Rights,'' 53 FR 8859 (Mar. 18, 1988), that this regulation would not 
result in any takings that might require compensation under the Fifth 
Amendment to the U.S. Constitution.

J. Review Under the Treasury and General Government Appropriations Act, 
2001

    Section 515 of the Treasury and General Government Appropriations 
Act, 2001 (44 U.S.C. 3516, note) provides for Federal agencies to 
review most disseminations of information to the public under 
guidelines established by each agency pursuant to general guidelines 
issued by OMB. OMB's guidelines were published at 67 FR 8452 (Feb. 22, 
2002), and DOE's guidelines were published at 67 FR 62446 (Oct. 7, 
2002). DOE has reviewed today's NOPR under the OMB and DOE guidelines 
and has concluded that it is consistent with applicable policies in 
those guidelines.

K. Review Under Executive Order 13211

    Executive Order 13211, ``Actions Concerning Regulations That 
Significantly Affect Energy Supply, Distribution, or Use,'' 66 FR 28355 
(May 22, 2001), requires Federal agencies to prepare and submit to OIRA 
at OMB, a Statement of Energy Effects for any proposed significant 
energy action. A ``significant energy action'' is defined as any action 
by an agency that promulgates or is expected to lead to promulgation of 
a final rule, and that: (1) Is a significant regulatory action under 
Executive Order 12866, or any successor order; and (2) is likely to 
have a significant adverse effect on the supply, distribution, or use 
of energy, or (3) is designated by the Administrator of OIRA as a 
significant energy action. For any proposed significant energy action, 
the agency must give a detailed statement of any adverse effects on 
energy supply, distribution, or use should the proposal be implemented, 
and of reasonable alternatives to the action and their expected 
benefits on energy supply, distribution, and use.
    DOE has tentatively concluded that today's regulatory action, which 
sets forth amended definitions for direct heating equipment, is not a 
significant energy action because the proposed standards are not likely 
to have a significant adverse effect on the supply, distribution, or 
use of energy, nor has it been designated as such by the Administrator 
at OIRA. Accordingly, DOE has not prepared a Statement of Energy 
Effects on the proposed rule.

L. Review Under the Information Quality Bulletin for Peer Review

    On December 16, 2004, OMB, in consultation with the Office of 
Science and Technology Policy (OSTP), issued its Final Information 
Quality Bulletin for Peer Review (the Bulletin). 70 FR 2664 (Jan. 14, 
2005). The Bulletin establishes that certain scientific information 
shall be peer reviewed by qualified specialists before it is 
disseminated by the Federal Government, including influential 
scientific information related to agency regulatory actions. The 
purpose of the bulletin is to enhance the quality and credibility of 
the Government's scientific information. Under the Bulletin, the energy 
conservation standards rulemaking analyses are ``influential scientific 
information,'' which the Bulletin defines as ``scientific information 
the agency reasonably can determine will have, or does have, a clear 
and substantial impact on important public policies or private sector 
decisions.'' Id. at 2667.
    In response to OMB's Bulletin, DOE conducted formal in-progress 
peer reviews of the energy conservation standards development process 
and analyses and has prepared a Peer Review Report pertaining to the 
energy conservation standards rulemaking analyses. Generation of this 
report involved a rigorous, formal, and documented evaluation using 
objective criteria and qualified and independent reviewers to make a 
judgment as to the technical/scientific/business merit, the actual or 
anticipated results, and the productivity and management effectiveness 
of programs and/or projects. The ``Energy Conservation Standards 
Rulemaking Peer Review Report'' dated February 2007 has been 
disseminated and is available at the following Web site: http://www1.eere.energy.gov/buildings/appliance_standards/peer_review.html.

V. Public Participation

A. Attendance at the Public Meeting

    The time, date, and location of the public meeting are listed in 
the DATES and ADDRESSES sections at the beginning of this notice. If 
you plan to attend the public meeting, please notify Ms. Brenda Edwards 
at (202) 586-2945 or Brenda.Edwards@ee.doe.gov. As explained in the 
ADDRESSES section, foreign nationals visiting DOE

[[Page 43952]]

Headquarters are subject to advance security screening procedures.
    In addition, you can attend the public meeting via webinar. Webinar 
registration information, participant instructions, and information 
about the capabilities available to webinar participants will be 
published on DOE's Web site at: http://www.eere.energy.gov/buildings/appliance_standards/residential/direct_heating.html. 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 plans to present a prepared general statement 
may request that copies of his or her statement be made available at 
the public meeting. Such persons may submit requests, along with an 
advance electronic copy of their statement in PDF (preferred), 
Microsoft Word or Excel, WordPerfect, or text (ASCII) file format, to 
the appropriate address shown in the ADDRESSES section at the beginning 
of this notice. The request and advance copy of statements must be 
received at least one week before the public meeting and may be e-
mailed, hand-delivered, or sent by mail. DOE prefers to receive 
requests and advance copies via e-mail. Please include a telephone 
number to enable DOE staff to make follow-up contact, if needed.

C. Conduct of the Public Meeting

    DOE will designate a DOE official to preside at the public meeting 
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). There shall not be discussion of proprietary information, costs 
or prices, market share, or other commercial matters regulated by U.S. 
anti-trust laws. 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 public meeting. After the public meeting, 
interested parties may submit further comments on the proceedings as 
well as on any aspect of the rulemaking until the end of the comment 
period.
    The public meeting will be conducted in an informal, conference 
style. DOE will present summaries of comments received before the 
public meeting, 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 public 
meeting 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 public meeting.
    A transcript of the public meeting will be included in the docket, 
which can be viewed as described in the Docket section at the beginning 
of this notice. In addition, copies of the transcript will be posted on 
the DOE Web site, and 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 
proposed rule before or after the public meeting, but no later than the 
date provided in the DATES section at the beginning of this proposed 
rule. Interested parties may submit comments, data, and other 
information using any of the methods described in the ADDRESSES section 
at the beginning of this notice.
    Submitting comments via http://www.regulations.gov. The http://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 http://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 
http://www.regulations.gov cannot be claimed as CBI. Comments received 
through the Web site will waive any CBI claims for the information 
submitted. For information on submitting CBI, see the Confidential 
Business Information section below.
    DOE processes submissions made through http://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 http://www.regulations.gov provides after you have successfully uploaded your 
comment.
    Submitting comments via e-mail, hand delivery/courier, or mail. 
Comments and documents submitted via e-mail, hand delivery, or mail 
also will be posted to http://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, e-mail 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 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 facsimiles 
(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

[[Page 43953]]

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 
e-mail, postal mail, or hand delivery/courier two well-marked copies: 
one copy of the document marked confidential including all the 
information believed to be confidential, and one copy of the document 
marked non-confidential with the information believed to be 
confidential deleted. Submit these documents via e-mail or on a CD, if 
feasible. DOE will make its own determination about the confidential 
status of the information and treat it according to its determination.
    Factors of interest to DOE when evaluating requests to treat 
submitted information as confidential include: (1) A description of the 
items; (2) whether and why such items are customarily treated as 
confidential within the industry; (3) whether the information is 
generally known by or available from other sources; (4) whether the 
information has previously been made available to others without 
obligation concerning its confidentiality; (5) an explanation of the 
competitive injury to the submitting person which would result from 
public disclosure; (6) when such information might lose its 
confidential character due to the passage of time; and (7) why 
disclosure of the information would be contrary to the public interest.
    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).

E. Issues on Which DOE Seeks Comment

    Although DOE welcomes comments on any aspect of this proposal, DOE 
is particularly interested in receiving comments and views of 
interested parties concerning the following issues:
    1. Given the lack of a statutory definition for ``direct heating 
equipment,'' whether DOE's interpretation that decorative vented hearth 
products and vented gas log sets are types of direct heating equipment 
is reasonable.
    2. The proposed compliance date for vented gas hearth products and 
vented gas log sets, including specific rationales and accompanying 
data as to why a different timeline for eliminating standing pilots or 
other continuously-burning ignition sources from decorative gas hearth 
products may or may not be warranted.
    3. The proposed exclusion as a decorative vented hearth product or 
vented gas log set from the energy conservation standard.
    4. Impacts of the proposed amended definition of ``vented hearth 
heater'' on small business manufacturers of decorative vented hearth 
products or vented gas log sets.

VI. Approval of the Office of the Secretary

    The Secretary of Energy has approved publication of today's 
proposed rule.

List of Subjects in 10 CFR Part 430

    Administrative practice and procedure, Confidential business 
information, Energy conservation, Household appliances, Imports, 
Intergovernmental relations, Reporting and recordkeeping requirements, 
and Small businesses.

    Issued in Washington, DC, on July 14, 2011.
Kathleen Hogan,
Deputy Assistant Secretary for Energy Efficiency, Office of Technology 
Development, Energy Efficiency and Renewable Energy.
    For the reasons set forth in the preamble, DOE proposes to amend 
Part 430 of Chapter II, Subchapter D, of Title 10 of the Code of 
Federal Regulations, to read as set forth below:

PART 430--ENERGY CONSERVATION PROGRAM FOR CONSUMER PRODUCTS

    1. The authority citation for part 430 continues to read as 
follows:

    Authority:  42 U.S.C. 6291-6309; 28 U.S.C. 2461 note.

    2. Section 430.2 is amended by revising the definition for ``vented 
hearth heater'' to read as follows:


Sec.  430.2  Definitions.

* * * * *
    Vented hearth heater means a vented appliance which simulates a 
solid fuel fireplace and is designed to furnish warm air, with or 
without duct connections, to the space in which it is installed. The 
circulation of heated room air may be by gravity or mechanical means. A 
vented hearth heater may be freestanding, recessed, zero clearance, or 
a gas fireplace insert or stove. The following products are not subject 
to the energy conservation standards for vented hearth heaters:
    (1) Vented gas log sets that meet all of the following four 
criteria:
    (i) Certified to ANSI Standard Z21.60; (ii) Sold without a 
thermostat and with a warranty provision expressly voiding all 
manufacturer warranties in the event the product is used with a 
thermostat; (iii) Expressly and conspicuously identified on its rating 
plate and in all manufacturer's advertising and product literature as a 
``Decorative Product: Not For Use As A Heating Appliance''; and (iv) 
With respect to products sold after July 1, 2014, not equipped with a 
standing pilot light or other continuously-burning ignition source; and
    (2) Vented gas hearth products that meet all of the following four 
criteria:
    (i) Certified to ANSI Standard Z21.50 and not to ANSI Standard 
Z21.88; (ii) Sold without a thermostat and with a warranty provision 
expressly voiding all manufacturer warranties in the event the product 
is used with a thermostat; (iii) Expressly and conspicuously identified 
on its rating plate and in all manufacturer's advertising and product 
literature as a ``Decorative Product: Not For Use As A Heating 
Appliance''; and (iv) With respect to products sold after July 1, 2014, 
not equipped with a standing pilot light or other continuously-burning 
ignition source.
* * * * *
[FR Doc. 2011-18310 Filed 7-21-11; 8:45 am]
BILLING CODE 6450-01-P