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U.S. FEDRegulation

Energy Department withdraws TE2 test procedure for commercial warm air furnaces

The Energy Department withdrew appendix B, the Thermal Efficiency Two test procedure for commercial warm air furnaces, in a final rule published October 7. DOE concluded the procedure's uncertain gain in representativeness did not outweigh the added testing burden, reversing part of its June 2023 final rule. That rule had been challenged by the Air-Conditioning, Heating, and Refrigeration Institute and voluntarily remanded by the Fourth Circuit in February 2024. The withdrawal takes effect December 7, 2026.

Text (Federal Register) →

Key points

  • The rule removes appendix B, the Thermal Efficiency Two test procedure for commercial warm air furnaces, from 10 CFR part 431, subpart D.Federal Register
  • DOE found the TE2 procedure would add testing burden that outweighed its uncertain gain in representativeness.Federal Register
  • The action follows a May 16, 2025 proposal; commenters included AHRI, AAON, ASAP and ACEEE, and the Center for Biological Diversity.Federal Register
  • The June 2023 final rule was challenged by AHRI; the Fourth Circuit granted DOE a voluntary remand on February 6, 2024.Federal Register
  • The withdrawal takes effect December 7, 2026, under RIN 1904-AG06.Federal Register

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