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Rules and Regulations
Federal Register Vol. 86, No. 241
Monday, December 20, 2021

This section of the FEDERAL REGISTER
contains regulatory documents having general applicability and legal effect, most of which are keyed to and codified in the Code of Federal Regulations, which is published under 50 titles pursuant to 44 U.S.C. 1510.
The Code of Federal Regulations is sold by the Superintendent of Documents.

DEPARTMENT OF ENERGY
10 CFR Part 430
EERE2021BTSTD0016
RIN 1904AE85

Energy Conservation Program:
Definition of Showerhead Office of Energy Efficiency and Renewable Energy, Department of Energy.
ACTION: Final rule.
AGENCY:

On July 22, 2021, the U.S.
Department of Energy DOE
published a notice of proposed rulemaking NOPR to revise the current definition of showerhead adopted in the December 16, 2020, final rule December 2020 Final Rule by reinstating the October 2013 definition of showerhead, withdraw the December 2020 final rules interpretation of the term showerhead, and withdraw the associated definition for body spray.
DOE did not propose any changes to the definition of safety shower showerhead. In this final rule, DOE
revises the current definition of showerhead adopted in the December 2020 final rule by reinstating the October 2013 definition of showerhead as the Department finds that it is more consistent with the purposes of the Energy Policy and Conservation Act, as amended EPCA. In addition, DOE removes the current definition of body spray adopted in the December 16, 2020 final rule. Finally, DOE maintains the definition of safety shower showerhead adopted in the December 2020 final rule.
DATES: The effective date of this rule is January 19, 2022.
ADDRESSES: The docket for this activity, which includes Federal Register notices, comments, and other supporting documents/materials, is available for review at
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www.regulations.gov. All documents in the docket are listed in the 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.
The docket web page can be found at www.regulations.gov/docket/EERE2021-BT-STD-0016. The docket web page contains instructions on how to access all documents, including public comments, in the docket.
For further information on how to review the docket, contact the Appliance and Equipment Standards Program staff at 202 2871445 or by email: ApplianceStandardsQuestions@
ee.doe.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.
SUPPLEMENTARY INFORMATION:
Table of Contents I. Introduction A. Authority B. Background II. Synopsis of the Final Rule III. Discussion A. Reinstatement of the October 2013 Final Rules 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. Reliance on ASME for the Definition of Showerhead Is Not Required 4. The Reinstated Definition of Showerhead Does Not Effectively Ban Multi-Headed Showerheads 5. The Definition of Showerhead Falls Within the NTTAA and OMB Circular A119 Exception 6. Additional Comments/Issues 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
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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 Treasury and General Government Appropriations Act, 2001
K. Review Under Executive Order 13211
L. Congressional Notification V. Approval of the Office of the Secretary
I. Introduction The following section briefly discusses the statutory authority underlying this final rule, as well as the relevant historical background related to showerheads, the subject of this final rule.
A. Authority Title III of Energy Policy and Conservation Act, as amended 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 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, Congress 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 1 All references to EPCA in this final rule 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 B was redesignated as Part A.

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