Rule2025-06476
Repeal of the Definition of Showerhead
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
April 15, 2025
Effective
May 15, 2025
Issuing agencies
Energy Department
Abstract
As part of its implementation of an Executive order, the U.S. Department of Energy repeals the definition of a showerhead.
Full Text
<html>
<head>
<title>Federal Register, Volume 90 Issue 71 (Tuesday, April 15, 2025)</title>
</head>
<body><pre>
[Federal Register Volume 90, Number 71 (Tuesday, April 15, 2025)]
[Rules and Regulations]
[Pages 15647-15648]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-06476]
========================================================================
Rules and Regulations
Federal Register
________________________________________________________________________
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.
========================================================================
Federal Register / Vol. 90, No. 71 / Tuesday, April 15, 2025 / Rules
and Regulations
[[Page 15647]]
DEPARTMENT OF ENERGY
10 CFR Part 430
[EERE-2025-BT-DET-0005]
RIN 1904-AF75
Repeal of the Definition of Showerhead
AGENCY: Department of Energy.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: As part of its implementation of an Executive order, the U.S.
Department of Energy repeals the definition of a showerhead.
DATES: The effective date of this rule is May 15, 2025.
FOR FURTHER INFORMATION CONTACT: Appliance Standards Program, U.S.
Department of Energy, Office of Energy Efficiency and Renewable Energy,
Building Technologies Office, EE-5B, 1000 Independence Avenue SW,
Washington, DC 20585-0121. Email:
<a href="/cdn-cgi/l/email-protection#82c3f2f2eeebe3ece1e7d1f6e3ece6e3f0e6f1d3f7e7f1f6ebedecf1c2e7e7ace6ede7ace5edf4"><span class="__cf_email__" data-cfemail="b6f7c6c6dadfd7d8d5d3e5c2d7d8d2d7c4d2c5e7c3d3c5c2dfd9d8c5f6d3d398d2d9d398d1d9c0">[email protected]</span></a>.
Mr. David Taggart, U.S. Department of Energy, Office of the General
Counsel, GC-33, 1000 Independence Avenue SW, Washington, DC 20585.
Telephone: (202) 586-5281. Email: <a href="/cdn-cgi/l/email-protection#afebced9c6cb81fbcec8c8cedddbefc7de81cbc0ca81c8c0d9"><span class="__cf_email__" data-cfemail="377356415e531963565050564543775f461953585219505841">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
I. Discussion
On April 9, 2025, President Donald J. Trump directed the Department
of Energy to repeal the definition of ``showerhead'' codified at 10 CFR
430.2. See Executive order, Maintaining Acceptable Water Pressure in
Showerheads. In compliance with that order, and the President's
constitutional authority to direct rescissions of regulations, the
Department hereby repeals the definition of showerhead in Sec. 430.2.
The agency's decision to rescind that provision is nondiscretionary.
The Executive order also directed the agency to proceed without
notice and comment. In compliance with that directive, and because
there is good cause to skip notice and comment in light of the
nondiscretionary nature of the agency's duty, the agency is issuing
this repeal without notice and comment.
Effective May 15, 2025, the statutory definition of showerhead in
42 U.S.C. 6291(31)(D) will control.
II. Authority
The authority for this rule is the Executive order titled
Maintaining Acceptable Water Pressure in Showerheads (April 9, 2025),
and the Energy Policy and Conservation Act, as amended, 42 U.S.C. 6291
et seq.
III. Procedural Issues and Regulatory Review
A. 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 DOE test procedures, including any amendments
adopted for those test procedures. DOE has established regulations
establishing certification and recordkeeping requirements for all
covered consumer products and commercial equipment, including
showerheads. (See generally 10 CFR part 429.) The information-gathering
requirement for the certification and recordkeeping is subject to
review and approval by the Office of Management and Budget (``OMB'')
under the Paperwork Reduction Act (``PRA''). This requirement was
approved by OMB under OMB control number 1910-1400. Public reporting
burden for the certification is estimated to average 35 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.
This final rule withdraws the current definition of showerhead. It
does not amend the reporting requirement. 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.
B. Review Under the National Environmental Policy Act of 1969
We are undertaking this revision because it is compelled by the
President's Executive Order titled Maintaining Acceptable Water
Pressure in Showerheads (April 9, 2025). As such, we believe that ``the
proposed agency action is a nondiscretionary action with respect to
which such agency does not have authority to take environmental factors
into consideration in determining whether to take the proposed
action.'' 42 U.S.C. 4336(a)(4); see Dep't of Transp. v. Pub. Citizen,
541 U.S. 752, 766-70 (2004).
Alternatively, pursuant to the National Environmental Policy Act
(NEPA) of 1969, DOE has analyzed this final action in accordance with
NEPA and DOE's NEPA implementing regulations (10 CFR part 1021). DOE
has determined that this rule qualifies for categorical exclusion under
10 CFR part 1021, subpart D, appendix A5, because it is an interpretive
rulemaking that does not change the environmental effect of the rule
and meets the requirements for application of a categorical exclusion.
See 10 CFR 1021.410. Therefore, DOE has determined that promulgation of
this rule is not a major Federal action significantly affecting the
quality of the human environment within the meaning of NEPA, and does
not require an environmental assessment or an environmental impact
statement. In this regard, we note that the two recent final
rulemakings addressing this exact matter--the definition of
``showerhead''--found that this categorical exclusion applied. See
Energy Conservation Program: Definition of Showerhead, 86 FR 71797,
71809 (December 20, 2021); Energy Conservation Program: Definition of
Showerhead, 85 FR 81341, 81357-81358 (December 16, 2020).
C. Review Under the Regulatory Flexibility Act
The Regulatory Flexibility Act (5 U.S.C. 601 et seq.) requires
preparation of a final regulatory flexibility analysis for any final
rule where the agency was first required by law to publish a proposed
rule for public comment. Here, the agency was not required to seek
public comment.
[[Page 15648]]
D. Review Under the Treasury and General Government Appropriations Act,
1999
Section 654 of the Treasury and General Government Appropriations
Act, 1999 (Pub. L. 105-277) requires Federal agencies to issue a Family
Policymaking Assessment for any rule that may affect family well-being.
This rule will not have any impact on the autonomy or integrity of the
family as an institution. Accordingly, it is not necessary to prepare a
Family Policymaking Assessment.
E. Congressional Notification
As required by 5 U.S.C. 801, DOE will report to Congress on the
promulgation of this rule before its effective date. The report will
state that it has been determined that the rule is not a ``major rule''
as defined by 5 U.S.C. 804(2).
IV. Approval of the Office of the Secretary
The Secretary of Energy has approved publication of this final
rule.
List of Subjects in 10 CFR Part 430
Administrative practice and procedure, Confidential business
information, Energy conservation, Household appliances, Imports,
Intergovernmental relations, Small businesses.
Signing Authority
This document of the Department of Energy was signed on April 11,
2025, by Louis Hrkman, Principal Deputy Assistant Secretary for Energy
Efficiency and Renewable Energy, pursuant to delegated authority from
the Secretary of Energy. That document with the original signature and
date is maintained by DOE. For administrative purposes only, and in
compliance with requirements of the Office of the Federal Register, the
undersigned DOE Federal Register Liaison Officer has been authorized to
sign and submit the document in electronic format for publication, as
an official document of the Department of Energy. This administrative
process in no way alters the legal effect of this document upon
publication in the Federal Register.
Signed in Washington, DC, on April 11, 2025.
Treena V. Garrett,
Federal Register Liaison Officer, U.S. Department of Energy.
For the reasons set forth in the preamble, DOE amends part 430 of
chapter II, subchapter D, of title 10 of the Code of Federal
Regulations, as set forth below:
PART 430--ENERGY CONSERVATION PROGRAM FOR CONSUMER PRODUCTS
0
1. The authority citation for part 430 continues to read as follows:
Authority: 42 U.S.C. 6291-6309; 28 U.S.C. 2461 note.
Sec. 430.2 [Amended]
0
2. Amend Sec. 430.2 by removing the definition of ``Showerhead''.
[FR Doc. 2025-06476 Filed 4-11-25; 2:30 pm]
BILLING CODE 6450-01-P
</pre><script data-cfasync="false" src="/cdn-cgi/scripts/5c5dd728/cloudflare-static/email-decode.min.js"></script></body>
</html>Indexed from Federal Register on April 15, 2025.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.