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Federal Register / Vol. 86, No. 241 / Monday, December 20, 2021 / Rules and Regulations under the October 2013 Final Rule. Id.
at 85 FR 81342, 81350. DOE defined the term body spray as a shower device for spraying water onto a bather from other than the overhead position. A
body spray is not a showerhead. Id. at 85 FR 81359. Lastly, DOE defined the term safety shower showerhead by incorporating by reference the definition of safety shower showerhead from the ANSI/International Safety Equipment Association ISEA Z358.12014,6
such that a safety shower showerhead is a showerhead designed to meet the requirements of ISEA Z358.1. Id. at 85
FR 81359. The December 2020 Final Rule determined that leaving the term safety shower showerhead undefined would cause confusion as to which products are excluded from the definition of showerhead. Id. at 85 FR
81351. DOE did not finalize the test procedure amendments that had been proposed in the August 2020 NOPR. Id.
at 85 FR 81351.
On January 20, 2021, the President issued Executive Order 13990, Protecting Public Health and the Environment and Restoring Science to Tackle the Climate Crisis. 86 FR 7037
Jan. 25, 2021 E.O. 13990. Section 1 of that Order lists a number of policies related to the protection of public health
and the environment, including reducing greenhouse gas GHG
emissions and bolstering the Nations resilience to the impacts of climate change. Id. at 86 FR 7041. Section 2 of the Order instructs all agencies to review existing regulations, orders, guidance documents, policies, and any other similar agency actions promulgated, issued, or adopted between January 20, 2017, and January 20, 2021, that are or may be inconsistent with, or present obstacles to, these policies. Id. Agencies are directed, as appropriate and consistent with applicable law, to consider suspending, revising, or rescinding these agency actions. Id.
While E.O. 13990 triggered the Departments re-evaluation of the December 2020 Final Rule, DOE relies upon the analysis presented below, based upon EPCA, to revise the definition showerhead and to withdraw the definition of body spray in the July 2021 NOPR and in this final rule. On July 22, 2021, DOE issued a NOPR July 2021 NOPR in which it proposed to revise the definition of showerhead adopted in the December 2020 Final Rule by reinstating the prior definition of showerhead. 86 FR
38594. Further, DOE tentatively
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determined that, in reinstating the prior definition of showerhead, all components attached to a single supply fitting i.e., all nozzles or spraying components within a product containing multiple nozzles or spraying components would be considered part of a single showerhead for determining compliance with the 2.5 gpm standard.
Id. In addition, DOE proposed to withdraw the current definition of body spray adopted in the December 2020 Final Rule. Id. Finally, DOE did not propose any changes to the definition of safety shower showerhead adopted in the December 2020 Final Rule. Id.
DOE invited comment on all aspects of July 2021 NOPR, including data and information to assist in evaluating whether the definition of showerhead from the October 2013 Final Rule should be reinstated. Id. at 86 FR 38594.
On August 31, 2021, DOE held a webinar to present the substance of the July 2021 NOPR and afford interested parties an opportunity to present comments.7
DOE received comments in response to the July 2021 NOPR from the interested parties listed in Table I.1.DOE
received two comments that were not within the scope of the rulemaking.8

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TABLE I.1WRITTEN COMMENTS RECEIVED IN RESPONSE TO JULY 2021 NOPR
Commenters
Reference in this Final Rule
Commenter type
Alliance for Water Efficiency AWE; Amy Vickers and Associates, Inc.; Arizona Municipal Water Users Association; Athens-Clarke County Public Utilities Dept.
GA; Best Management Partners; Center for Water-Efficient Landscaping; Citizens Water Advocacy Group; City of Bend, OR; City of Durham, NC; City of Flagstaff, AZ; City of Hays, KS; City of Mesa, AZ; City of Round Rock, TX; City of Santa Rosa, CA; City of Westminster, CO; Connecticut Water Company;
Dickinson Associates; Foothill Municipal Water District CA; Houston Public Works TX; Maine Water Company; Metropolitan North Georgia Water Planning District; Monterey Peninsula Water Management District CA; Municipal Water District of Orange County CA; National Wildlife Federation; PHCCNational Association; Regional Water Authority CA; Rancho California Water District; San Antonio Water System TX; San Jose Water CA; Seattle Public Utilities WA; SJWTX TX; Southern Nevada Water Authority; Tucson Water AZ;
Walnut Valley Water District CA; Water Demand Management, LLC.
Anonymous Anonymous
Appliance Standards Awareness Project ASAP, Alliance for Water Efficiency, American Council for an Energy-Efficient Economy, Consumer Federation of America, and Natural Resources Defense Council.
California Energy Commission
California Investor-Owned Utilities Pacific Gas and Electric Company, San Diego Gas and Electric, Southern California Edison.
Competitive Enterprise Institute, FreedomWorks Foundation, Consumers Research, Citizens Against Government Waste, Caesar Rodney Institute, Project 21, Texas Public Policy Foundation, The Cornwall Alliance for the Stewardship of Creation, 60 Plus Association, Roughrider Policy Center, Americans for Prosperity, Committee for a Constructive Tomorrow.
Andrew Doty
Dan Glucksman
Kevin Halligan
Katherine Hekstra

AWE et al

Efficiency Organizations, Municipal Utilities and Governments, Trade Associations.

Anonymous
Joint Advocates

Individual.
Efficiency Organizations.

CEC
CA IOUs

State.
Utilities.

CEI et al

Policy Organizations.

Doty
Glucksman
Halligan
Hekstra

Individual.
Individual.
Individual.
Individual.

6 ANSI/ISEA Z358.12014, American National Standard for Emergency Eyewash and Shower Equipment.

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7 The webinar presentation and transcript are available in the docket at www.regulations.gov/
docket/EERE-2021-BT-STD-0016/document.

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8 See
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Comment Nos. 9, and 24.

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