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lotter on DSK11XQN23PROD with PROPOSALS1

Federal Register / Vol. 86, No. 138 / Thursday, July 22, 2021 / Proposed Rules Meeting: DOE will hold a webinar on Tuesday, August 31, 2021, from 1:00
p.m. to 4:00 p.m. See section V., Public Participation, for webinar registration information, participant instructions, and information about the capabilities available to webinar participants.
Comments: DOE will accept comments, data, and information regarding this NOPR no later than September 20, 2021. See section V, Public Participation, for details.
ADDRESSES: Interested persons are encouraged to submit comments using the Federal eRulemaking Portal at https www.regulations.gov. Follow the instructions for submitting comments.
Alternatively, interested persons may submit comments by email to the following address:
Showerheads2021STD0016@ee.doe.gov.
Include Definition of Showerhead NOPR and docket number EERE2021
BTSTD0016 and/or RIN 1904AE85
in the subject line of the message.
Submit electronic comments in WordPerfect, Microsoft Word, PDF, or ASCII file format, and avoid the use of special characters or any form of encryption.
Although DOE has routinely accepted public comment submissions through a variety of mechanisms, including postal mail, or hand delivery/courier, the Department has found it necessary to make temporary modifications to the comment submission process in light of the ongoing coronavirus disease 2019
COVID19 pandemic. DOE is currently accepting only electronic submissions at this time. If a commenter finds that this change poses an undue hardship, please contact the Appliance Standards Program staff at 202 586
1445 to discuss the need for alternative arrangements. Once the Covid19
pandemic health emergency is resolved, DOE anticipates resuming all of its regular options for public comment submission, including postal mail and hand deliver/courier.
No telefacsimiles faxes will be accepted. For detailed instructions on submitting comments and additional information on the rulemaking process, see section V Public Participation of this document.
Docket: The docket for this activity, which includes Federal Register notices, comments, and other supporting documents/materials, is available for review at https
www.regulations.gov. All documents in the docket are listed in the https
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.

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The docket web page can be found at https www.regulations.gov/docket/
EERE-2021-BT-STD-0016. The docket web page contains instructions on how to access all documents, including public comments, in the docket. See Section V. for information on how to submit comments through https
www.regulations.gov.
FOR FURTHER INFORMATION CONTACT:

Mr. John Cymbalsky, U.S. Department of Energy, Office of Energy Efficiency and Renewable Energy, Building Technologies Office, EE5B, 1000
Independence Avenue SW, Washington, DC 205850121. Email:
ApplianceStandardsQuestions@
ee.doe.gov.
Ms. Amelia Whiting, U.S. Department of Energy, Office of the General Counsel, GC33, 1000 Independence Avenue SW, Washington, DC 20585. Telephone:
202 5862588. Email:
Amelia.Whiting@hq.doe.gov.
For further information on how to submit a comment, review other public comments and the docket, or participate in the public meeting, contact the Appliance and Equipment Standards Program staff at 202 2871445 or by email: ApplianceStandardsQuestions@
ee.doe.gov.
SUPPLEMENTARY INFORMATION:

Table of Contents I. Introduction A. Authority B. Background II. Synopsis of the Notice of Proposed Rulemaking III. Discussion A. Withdrawal of DOEs Current Definition of Showerhead 1. EPCAs Definition of Showerhead Is Ambiguous 2. The December 2020 Final Rules Definition of Showerhead Is Inconsistent With EPCAs Purposes 3. Congress Did Not Require Reliance on ASME for the Definition of Showerhead 4. The Previous Definition of Showerhead Did Not Effectively Ban Multi-Headed Showerheads 5. The December 2020 Final Rules Definition of Showerhead Falls Within the NTTAA and OMB Circular A119 Exception to Adherence to Voluntary Consensus Standards Because It Is Inconsistent With EPCA and Impractical B. Withdrawal of DOEs Current Definition of Body Spray C. Safety Shower Showerhead IV. Procedural Issues and Regulatory Review A. Review Under Executive Order 12866
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

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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 Treasury and General Government Appropriations Act, 2001
K. Review Under Executive Order 13211
V. Public Participation A. Participation in the Webinar B. Procedure for Submitting Prepared Statements for Distribution C. Conduct of the Webinar D. Submission of Comments VI. Approval of the Office of the Secretary
I. Introduction The following section briefly discusses the statutory authority underlying this proposed rule, as well as some of the relevant historical background related to showerheads, the subject of this NOPR.
A. Authority Title III of EPCA 42 U.S.C. 6291 et seq. sets forth a variety of provisions designed to improve energy efficiency and, for certain products, water efficiency.1 Part B of Title III 2
establishes the Energy Conservation Program for Consumer Products Other Than Automobiles, which includes showerheads with the exception of safety shower showerheadsthe subject of this proposed rulemaking. 42
U.S.C. 6292a15 Under EPCA, the energy conservation program consists essentially of four parts: 1 Testing, 2
labeling, 3 Federal energy conservation standards, and 4 certification and enforcement procedures.
B. Background EPCA defines a showerhead as any showerhead including a handheld showerhead, except a safety shower showerhead. 42 U.S.C. 629131D In addition to defining showerhead, EPCA established a maximum water use threshold of 2.5 gpm applicable to any showerhead. 42 U.S.C. 6295j1. The definition of showerhead and the water conservation standard for showerheads were added to EPCA by the Energy Policy Act of 1992 Pub. L.
102486 Oct. 24, 1992 EPAct 1992. Until 2013, DOE regulations did not contain a separate definition for showerhead. See 78 FR 62970
On May 19, 2010, DOE published in the Federal Register a Notice of Availability of a proposed interpretive rule regarding the definition of 1 All references to EPCA in this NOPR refer to the statute as amended through the Energy Act of 2020, Public Law 116260 Dec. 27, 2020.
2 For editorial reasons, upon codification in the U.S. Code, Part V was redesignated as Part A.

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