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Federal Register / Vol. 86, No. 138 / Thursday, July 22, 2021 / Proposed Rules
that manufacturers of showerheads intended for use by residential consumers would design a showerhead to meet the specifications of the ANSI
standard in order to avoid compliance with DOE standards; and that the definition and performance criteria in the definition of safety shower showerhead addressed concerns noted by the commenters in the 2020
rulemaking and distinguish a showerhead from a safety shower showerhead. See 85 FR 81341, 81350
81351. Accordingly, DOE believes that retaining the definition of safety shower showerhead is necessary and appropriate.
IV. Procedural Issues and Regulatory Review A. Review Under Executive Order 12866
The Office of Information and Regulatory Affairs OIRA in the Office of Management and Budget OMB waived Executive Order 12866
E.O. 12866, Regulatory Planning and Review review of this proposed rule.

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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 E.O. 13272, Proper Consideration of Small Entities in Agency Rulemaking, 67 FR 53461
Aug. 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 Counsels website https energy.gov/
gc/office-general-counsel.
DOE reviewed this proposed rule under the provisions of the Regulatory Flexibility Act and the procedures and policies published on February 19, 2003. DOE certifies that the proposed rule, if adopted, would not have significant economic impact on a substantial number of small entities.
The factual basis for this certification is set forth in the following paragraphs.
The Small Business Administration SBA considers a business entity to be a small business, if, together with its affiliates, it employs less than a threshold number of workers or earns
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less than the average annual receipts specified in 13 CFR part 121. The threshold values set forth in these regulation use size standards codes established by the North American Industry Classification System NAICS
that are available at: https
www.sba.gov/document/support-tablesize-standards. Plumbing equipment manufacturers are classified under NAICS 332913 Plumbing Fixture Fitting and Trim Manufacturing, and NAICS 327110 Pottery, Ceramics, and Plumbing Fixture Manufacturing. The SBA sets a threshold of 1,000 employees or fewer for an entity to be considered a small business within these categories.
This proposed rule would withdraw the current definition of showerhead and reinstate the prior definition of showerhead. This proposal would also withdraw the definition of body sprays.
Finally, this proposal would retain the definition of safety shower showerhead.
DOE has not found any showerheads that have been introduced into the market since the December 2020 Final Rule became effective that would meet the revised definitions in the December 2020 Final Rule. As such, DOE has not found any evidence of a reliance interest on the December 2020 Final Rule. Based on the foregoing, DOE certifies that this proposed rule would not have a significant economic impact on a substantial number of small entities.
C. Review Under the Paperwork Reduction Act of 1995
Manufacturers of showerheads must certify to DOE that their products comply with any applicable energy conservation standards. To certify compliance, manufacturers must first obtain test data for their products according to the DOE test procedures, 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 showerheads. See generally 10 CFR part 429. The collection-ofinformation requirement for the certification and recordkeeping is subject to review and approval by OMB
under the Paperwork Reduction Act PRA. This requirement has been approved by OMB under OMB control number 19101400. Public reporting burden for the certification is estimated to average 30 hours per response, including time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information.

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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 is analyzing this proposed regulation in accordance with the National Environmental Policy Act NEPA and DOEs NEPA implementing regulations 10 CFR part 1021. DOEs regulations include a categorical exclusion for rulemakings interpreting or amending an existing rule or regulation that does not change the environmental effect of the rule or regulation being amended. 10 CFR part 1021, subpart D, appendix A5. DOE
anticipates that this rulemaking, which focuses on the narrow question of how to define a particular product and does not otherwise impose any requirements, will qualify for categorical exclusion A5. This interpretive rulemaking would revise the definition of showerhead from the December 2020 Rule by reinstating the previous definition and otherwise meets the requirements for application of a categorical exclusion.
See 10 CFR 1021.410. DOE has not found any showerheads that have been introduced into the market since the December 2020 Final Rule became effective that would meet the revised definitions in the December 2020 Final Rule. DOE will complete its NEPA
review before issuing the final rule.
E. Review Under Executive Order 13132
E.O. 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. DOE has examined this proposed rule and has tentatively determined that it would not
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