Proposed Rule2025-08574

Energy Conservation Program: Energy Conservation Standards for Commercial Prerinse Spray Valves

Primary source

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Published
May 16, 2025

Issuing agencies

Energy Department

Abstract

DOE is proposing to rescind the amended water use standards for commercial prerinse spray valves ("CPSVs"). This proposal will return the water use standards for CPSVs to the statutory baseline.

Full Text

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<title>Federal Register, Volume 90 Issue 94 (Friday, May 16, 2025)</title>
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[Federal Register Volume 90, Number 94 (Friday, May 16, 2025)]
[Proposed Rules]
[Pages 20935-20939]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-08574]


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DEPARTMENT OF ENERGY

10 CFR Part 431

[EERE-2025-BT-STD-0008]
RIN 1904-AF78


Energy Conservation Program: Energy Conservation Standards for 
Commercial Prerinse Spray Valves

AGENCY: Office of Energy Efficiency and Renewable Energy, Department of 
Energy (DOE).

ACTION: Notice of proposed rulemaking; request for comments.

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SUMMARY: DOE is proposing to rescind the amended water use standards 
for commercial prerinse spray valves (``CPSVs''). This proposal will 
return the water use standards for CPSVs to the statutory baseline.

DATES: 
    Comments: Comments must be received on or before July 15, 2025.
    Meeting: DOE will hold a meeting via a webinar on Thursday, May 29, 
2025, from 1 p.m. to 4 p.m. See section III of this document, ``Public 
Participation,'' for webinar registration information, participant 
instructions and information about the capabilities available to 
webinar participants.

ADDRESSES: Interested persons are encouraged to submit comments using 
the Federal eRulemaking Portal at <a href="http://www.regulations.gov">www.regulations.gov</a> under docket 
number EERE-2025-BT-STD-0008. Follow the instructions for submitting 
comments. Alternatively, interested persons may submit comments, 
identified by docket number EERE-2025-BT-STD-0008, by any of the 
following methods:
    (1) Email: <a href="/cdn-cgi/l/email-protection#7231222124404240472126364242424a3217175c161d175c151d04"><span class="__cf_email__" data-cfemail="a4e7f4f7f296949691f7f0e09494949ce4c1c18ac0cbc18ac3cbd2">[email&#160;protected]</span></a>. Include the docket number 
EERE-2025-BT-STD-0008 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.
    (2) Postal Mail: Appliance and Equipment Standards Program, U.S. 
Department of Energy, Building Technologies Office, Mailstop EE-5B, 
1000 Independence Avenue SW, Washington, DC 20585-0121. Telephone: 
(202) 287-1445. If possible, please submit all items on a compact disc 
(``CD''), in which case it is not necessary to include printed copies.
    (3) Hand Delivery/Courier: Appliance and Equipment Standards 
Program, U.S. Department of Energy, Building Technologies Office, 1000 
Independence Avenue SW, Washington, DC 20585-0121. Telephone: (202) 
287-1445. If possible, please submit all items on a CD, in which case 
it is not necessary to include printed copies.
    No telefacsimiles (``faxes'') will be accepted. For detailed 
instructions on submitting comments and additional information on this 
process, see section III of this document.
    Docket: The docket for this proposed rulemaking, which includes 
Federal Register notices, public meeting attendee lists and transcripts 
(if one is held), comments, and other supporting documents and 
materials, is available for review at <a href="http://www.regulations.gov">www.regulations.gov</a>. All 
documents in the docket are listed in the <a href="http://www.regulations.gov">www.regulations.gov</a> 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 <a href="http://www.regulations.gov/docket/EERE-2025-BT-STD-0008">www.regulations.gov/docket/EERE-2025-BT-STD-0008</a>. The docket web page contains instructions on how 
to access all documents, including public comments, in the docket, as 
well as a summary of the rulemaking. See section III of this document, 
``Public Participation,'' for further information on how to submit 
comments through <a href="http://www.regulations.gov">www.regulations.gov</a>.

FOR FURTHER INFORMATION CONTACT: Mr. David Taggart, U.S. Department of 
Energy, Office of the General Counsel, GC-1, 1000 Independence Avenue 
SW, Washington, DC 20585-0121. Telephone: (202) 586-5281. Email: 
<a href="/cdn-cgi/l/email-protection#145075627d703a40757373756660547c653a707b713a737b62"><span class="__cf_email__" data-cfemail="1d597c6b747933497c7a7a7c6f695d756c33797278337a726b">[email&#160;protected]</span></a>.
    For further information on how to submit a comment or review other 
public comments and the docket contact the Appliance and Equipment 
Standards Program staff at (202) 287-1445 or by email: 
<a href="/cdn-cgi/l/email-protection#3a7b4a4a56535b54595f694e5b545e5b485e496b4f5f494e535554497a5f5f145e555f145d554c"><span class="__cf_email__" data-cfemail="eeaf9e9e82878f808d8bbd9a8f808a8f9c8a9dbf9b8b9d9a8781809dae8b8bc08a818bc0898198">[email&#160;protected]</span></a>.

SUPPLEMENTARY INFORMATION:

Table of Contents

I. General Discussion
II. 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
    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 the Treasury and General Government 
Appropriations Act, 2001
    K. Review Under Executive Order 13211
    L. Review Under the Information Quality Bulletin for Peer Review
    M. Review Under Additional Executive Orders and Presidential 
Memoranda
III. Public Participation
    A. Participation in the Webinar
    B. Procedure for Submitting Prepared General Statements for 
Distribution
    C. Conduct of the Webinar
    D. Submission of Comments
    E. Issues on Which DOE Seeks Comments
IV. Approval of the Office of the Secretary

I. General Discussion

    The Energy Policy and Conservation Act, Public Law 94-163, as 
amended (``EPCA''), authorizes DOE to regulate the energy efficiency of 
a number of consumer products and certain industrial equipment. (42 
U.S.C. 6291-6317) Title III, Part B \1\ of EPCA, established the Energy 
Conservation Program for Consumer Products. (42 U.S.C. 6291-6309) This 
includes CPSV equipment, the subject of this proposed rulemaking.\2\
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    \1\ For editorial reasons, upon codification in the U.S. Code, 
Part B was redesignated Part A.
    \2\ Because Congress included commercial prerinse spray valves 
in Part B of Title III of EPCA, the consumer product provisions of 
Part B (not the industrial equipment provisions of Part C) apply to 
CPSVs. However, because CPSVs are commonly considered to be 
commercial equipment, as a matter of administrative convenience and 
to minimize confusion among interested parties, DOE placed the 
requirements for CPSVs into subpart O of 10 CFR part 431. Part 431 
contains DOE regulations for commercial and industrial equipment. 
DOE refers to CPSVs as either ``products'' or ``equipment.''
---------------------------------------------------------------------------

    Pursuant to this authority, DOE is proposing to rescind the amended 
water conservation standards for CPSVs,

[[Page 20936]]

which are codified at title 10 of the Code of Federal Regulations 
(``CFR'') Section 431.266. Congress initially required CPSVs, 
manufactured on or after January 1, 2006, to have a flow rate of not 
more than 1.6 gallons per minute (``gpm''). 42 U.S.C. 6295(dd). DOE 
subsequently amended those water conservation standards to be more 
stringent, requiring CPSVs less than or equal to 5 spray force in ounce 
(``ozf'') to have a flow rate not more than 1 pgm, CPSVs greater than 5 
ozf to have a flow rate no more than 1.2 gpm, and CPSVs greater than 8 
ozf to have a flow rate no more than 1.28 gpm. 10 CFR 431.266(b).
    DOE proposes to rescind the amended water flow rate requirements in 
their entirety and seeks comment on all aspects of that proposal. The 
rescission will return the water use requirements to the statutory 
standard in 42 U.S.C. 6295(dd). The Secretary has tentatively 
determined that the anti-backsliding provision in 42 U.S.C. 6295(o)(1) 
does not apply because Section (o)(1) only applies to water use ``in 
the case of showerheads, faucets, water closets, or urinals.''
    Additionally, DOE appears to lack authority to regulate the water 
use of CPSVs entirely. Part A of EPCA defines ``energy conservation 
standard'' as ``a performance standard which prescribes a minimum level 
of energy efficiency or a maximum quantity of energy use, or, in the 
case of showerheads, faucets, water closets, and urinals, water use.'' 
42 U.S.C. 6291(6)(A). EPCA further defines ``water use'' as ``the 
quantity of water flowing through a showerhead, faucet, water closet, 
or urinal at point of use.'' 42 U.S.C. 6291(31)(A); see also 42 U.S.C. 
6293(b)(3) (dividing energy use and water use for test procedures). A 
commercial prerinse spray valve is not a showerhead, faucet, water 
closet, or urinal. Therefore, EPCA does not seem to contemplate DOE 
regulating the water use of CSPVs.
    Regardless, withdrawal of these standards is consistent with the 
Secretary's proposed policy of reducing regulatory burdens wherever 
possible. Unless a regulatory standard is required by statute, the 
Secretary proposes eliminating that requirement. This new policy would 
support energy and water abundance, allowing Americans to produce and 
consume as much energy and water as they see fit.
    The proposed withdrawal is also consistent with classifying 
industrial equipment as covered equipment only if energy conservation 
standards will significantly increase the energy resources of the 
nation, without compromising the performance of industrial products. 
DOE has tentatively determined that the water use requirements of CSPVs 
does not meet that standard.
    DOE has tentatively determined that there is no reliance interest 
in the CPSV's water use standards. These proposed rescissions are not 
designed to achieve a maximum reduction in energy efficiency because 
the Secretary has tentatively determined that the current regulations 
are unlawful, that they are not economically justified, and that they 
are inconsistent with the policy of maximally reducing regulatory 
burdens. (See 42 U.S.C. 6295(p)(1)). DOE seeks comments on any reason 
to rescind or not rescind these regulations.

II. Procedural Issues and Regulatory Review

A. Review Under Executive Order 12866

    Executive Order (``E.O.'') 12866, ``Regulatory Planning and 
Review,'' requires agencies, to the extent permitted by law, to (1) 
propose or adopt a regulation only upon a reasoned determination that 
its benefits justify its costs; (2) tailor regulations to impose the 
least burden on society, consistent with obtaining regulatory 
objectives, taking into account, among other things, and to the extent 
practicable, the costs of cumulative regulations; (3) select, in 
choosing among alternative regulatory approaches, those approaches that 
maximize net benefits; (4) to the extent feasible, specify performance 
objectives, rather than specifying the behavior or manner of compliance 
that regulated entities must adopt; and (5) identify and assess 
available alternatives to direct regulation, including providing 
economic incentives to encourage the desired behavior, such as user 
fees or marketable permits, or providing information upon which choices 
can be made by the public.

B. Review Under Regulatory Flexibility Act

    Under the Regulatory Flexibility Act (as amended by the Small 
Business Regulatory Enforcement Fairness Act (SBREFA) of 1996; 5 U.S.C. 
601 et seq.), whenever a Federal agency is required to publish a notice 
of rulemaking for any proposed or final rule, it must prepare and make 
available for public comment a regulatory flexibility analysis that 
describes the effect of the rule on small entities (i.e., small 
businesses, small organizations, and small government jurisdictions).
    DOE reviewed this proposed rescission under the provisions of the 
Regulatory Flexibility Act and the policies and procedures published on 
February 19, 2003. This proposal eliminates amended water conservation 
standards. Therefore, DOE initially concludes that the impacts of the 
proposed rules would not have a ``significant economic impact on a 
substantial number of small entities,'' and that the preparation of an 
IRFA is not warranted. DOE will transmit this certification and 
supporting statement of factual basis to the Chief Counsel for Advocacy 
of the Small Business Administration for review under 5 U.S.C. 605(b).

C. Review Under the Paperwork Reduction Act

    This proposed rulemaking imposes no new information or record-
keeping requirements. Accordingly, OMB clearance is not required under 
the Paperwork Reduction Act. (44 U.S.C. 3501 et seq.)

D. Review Under the National Environmental Policy Act of 1969

    DOE is analyzing this proposed action in accordance with the 
National Environmental Policy Act of 1969, as amended, (``NEPA'') and 
DOE's NEPA implementing regulations (10 CFR part 1021). DOE's 
regulations include categorical exclusions for certain rulemakings. See 
10 CFR part 1021, subpart D, appendices A and B. DOE is considering the 
categorical exclusions potentially applicable to this proposed rule, 
such as B5.1, and welcomes comment on the potential application of 
categorical exclusion(s). 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 have a substantial direct 
effect on the States, on the relationship

[[Page 20937]]

between the national government and the States, or on the distribution 
of power and responsibilities among the various levels of government. 
EPCA governs and prescribes Federal preemption of State regulations as 
to energy conservation for the products that are the subject of this 
proposed rule. States can petition DOE for exemption from such 
preemption to the extent, and based on criteria, set forth in EPCA. 42 
U.S.C. 6316(a) and (b); 42 U.S.C. 6297. Therefore, no further action is 
required by E.O. 13132.

F. Review Under Executive Order 12988

    With respect to the review of existing regulations and the 
promulgation of new regulations, section 3(a) of E.O. 12988, ``Civil 
Justice Reform,'' imposes on Federal agencies the general duty to 
adhere to the following requirements: (1) eliminate drafting errors and 
ambiguity, (2) write regulations to minimize litigation, (3) provide a 
clear legal standard for affected conduct rather than a general 
standard, and (4) promote simplification and burden reduction. 61 FR 
4729 (Feb. 7, 1996). Regarding the review required by section 3(a), 
section 3(b) of E.O. 12988 specifically requires that Executive 
agencies make every reasonable effort to ensure that the regulation (1) 
clearly specifies the preemptive effect, if any, (2) clearly specifies 
any effect on existing Federal law or regulation, (3) provides a clear 
legal standard for affected conduct while promoting simplification and 
burden reduction, (4) specifies the retroactive effect, if any, (5) 
adequately defines key terms, and (6) addresses other important issues 
affecting clarity and general draftsmanship under any guidelines issued 
by the Attorney General. Section 3(c) of E.O. 12988 requires Executive 
agencies to review regulations in light of applicable standards in 
section 3(a) and section 3(b) to determine whether they are met or it 
is unreasonable to meet one or more of them. DOE has completed the 
required review and determined that, to the extent permitted by law, 
this proposed rule meets the relevant standards of E.O. 12988.

G. Review Under the Unfunded Mandates Reform Act of 1995

    Title II of the Unfunded Mandates Reform Act of 1995 (``UMRA'') 
requires each Federal agency to assess the effects of Federal 
regulatory actions on State, local, and Tribal governments and the 
private sector. Public Law 104-4, sec. 201 (codified at 2 U.S.C. 1531). 
For a regulatory action likely to result in a rule that may cause the 
expenditure by State, local, and Tribal governments, in the aggregate, 
or by the private sector of $100 million or more in any one year 
(adjusted annually for inflation), section 202 of UMRA requires a 
Federal agency to publish a written statement that estimates the 
resulting costs, benefits, and other effects on the national economy. 
(2 U.S.C. 1532(a), (b)) The UMRA also requires a Federal agency to 
develop an effective process to permit timely input by elected officers 
of State, local, and Tribal governments on a ``significant 
intergovernmental mandate,'' and requires an agency plan for giving 
notice and opportunity for timely input to potentially affected small 
governments before establishing any requirements that might 
significantly or uniquely affect them. On March 18, 1997, DOE published 
a statement of policy on its process for intergovernmental consultation 
under UMRA. 62 FR 12820. DOE's policy statement is also available at 
<a href="http://www.energy.gov/sites/prod/files/gcprod/documents/umra_97.pdf">www.energy.gov/sites/prod/files/gcprod/documents/umra_97.pdf</a>.
    DOE examined this proposed rule according to UMRA and its statement 
of policy and determined that the proposed rule does not contain a 
Federal intergovernmental mandate, nor is it expected to require 
expenditures of $100 million or more in any one year by State, local, 
and Tribal governments, in the aggregate, or by the private sector. As 
a result, the analytical requirements of UMRA do not apply.

H. 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 proposed rule would not have any impact on the autonomy or 
integrity of the family as an institution. Accordingly, DOE has 
concluded that it is not necessary to prepare a Family Policymaking 
Assessment.

I. Review Under Executive Order 12630

    Pursuant to E.O. 12630, ``Governmental Actions and Interference 
with Constitutionally Protected Property Rights,'' 53 FR 8859 (March 
18, 1988), DOE has determined that this proposed rule would not result 
in any takings that might require compensation under the Fifth 
Amendment to the U.S. Constitution.

J. Review Under the Treasury and General Government Appropriations Act, 
2001

    Section 515 of the Treasury and General Government Appropriations 
Act, 2001 (44 U.S.C. 3516, note) provides for Federal agencies to 
review most disseminations of information to the public under 
information quality guidelines established by each agency pursuant to 
general guidelines issued by OMB. OMB's guidelines were published at 67 
FR 8452 (Feb. 22, 2002), and DOE's guidelines were published at 67 FR 
62446 (Oct. 7, 2002). Pursuant to OMB Memorandum M-19-15, Improving 
Implementation of the Information Quality Act (April 24, 2019), DOE 
published updated guidelines which are available at: <a href="https://www.energy.gov/cio/department-energy-information-quality-guidelines">https://www.energy.gov/cio/department-energy-information-quality-guidelines</a>. 
DOE has reviewed this proposed rule under the OMB and DOE guidelines 
and has concluded that it is consistent with applicable policies in 
those guidelines.

K. Review Under Executive Order 13211

    E.O. 13211, ``Actions Concerning Regulations That Significantly 
Affect Energy Supply, Distribution, or Use,'' 66 FR 28355 (May 22, 
2001), requires Federal agencies to prepare and submit to OIRA at OMB, 
a Statement of Energy Effects for any significant energy action. A 
``significant energy action'' is defined as any action by an agency 
that promulgates or is expected to lead to promulgation of a final 
rule, and that: (1) is a significant regulatory action under Executive 
Order 12866, or any successor order and is likely to have a significant 
adverse effect on the supply, distribution, or use of energy; or (2) is 
designated by the Administrator of OIRA as a significant energy action. 
For any significant energy action, the agency must give a detailed 
statement of any adverse effects on energy supply, distribution, or use 
should the proposal be implemented, and of reasonable alternatives to 
the action and their expected benefits on energy supply, distribution, 
and use.
    DOE has tentatively determined that this rule would not have a 
significant adverse effect on the supply, distribution, or use of 
energy. Accordingly, DOE has not prepared a Statement of Energy 
Effects. DOE may prepare such a statement for the final rule, and seeks 
all comments.

L. Review Under the Information Quality Bulletin for Peer Review

    On December 16, 2004, OMB, in consultation with the Office of 
Science and Technology Policy (``OSTP''),

[[Page 20938]]

issued its Final Information Quality Bulletin for Peer Review (``the 
Bulletin''). 70 FR 2664 (Jan. 14, 2005). The Bulletin establishes that 
certain scientific information shall be peer reviewed by qualified 
specialists before it is disseminated by the Federal Government, 
including influential scientific information related to agency 
regulatory actions. The purpose of the Bulletin is to enhance the 
quality and credibility of the Government's scientific information. 
Under the Bulletin, the energy conservation standards rulemaking 
analyses are ``influential scientific information,'' which the Bulletin 
defines as ``scientific information the agency reasonably can determine 
will have, or does have, a clear and substantial impact on important 
public policies or private sector decisions.'' 70 FR 2664, 2667.
    In response to OMB's Bulletin, DOE conducted formal peer reviews of 
the energy conservation standards development process and the analyses 
that are typically used and prepared a report describing that peer 
review.\3\ Generation of this report involved a rigorous, formal, and 
documented evaluation using objective criteria and qualified and 
independent reviewers to make a judgment as to the technical/
scientific/business merit, the actual or anticipated results, and the 
productivity and management effectiveness of programs and/or projects. 
Because available data, models, and technological understanding have 
changed since 2007, DOE has engaged with the National Academy of 
Sciences to review DOE's analytical methodologies to ascertain whether 
modifications are needed to improve the Department's analyses. DOE is 
in the process of evaluating the resulting report.\4\
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    \3\ The 2007 ``Energy Conservation Standards Rulemaking Peer 
Review Report'' is available at the following website: 
<a href="http://www.energy.gov/eere/buildings/downloads/energy-conservation-standards-rulemaking-peer-review-report-0">www.energy.gov/eere/buildings/downloads/energy-conservation-standards-rulemaking-peer-review-report-0</a> (last accessed July 1, 
2022).
    \4\ The report is available at <a href="http://www.nationalacademies.org/our-work/review-of-methods-for-setting-building-and-equipment-performance-standards">www.nationalacademies.org/our-work/review-of-methods-for-setting-building-and-equipment-performance-standards</a>.
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M. Review Under Additional Executive Orders and Presidential Memoranda

    DOE has examined this proposed rule and has tentatively determined 
that it is consistent with the policies and directives outlined in E.O. 
14154 ``Unleashing American Energy,'' E.O. 14192, ``Unleashing 
Prosperity Through Deregulation,'' and Presidential Memorandum, 
``Delivering Emergency Price Relief for American Families and Defeating 
the Cost-of-Living Crisis.'' This proposed rule, if finalized as 
proposed, is expected to be an E.O. 14192 deregulatory action.

III. Public Participation

A. Participation in the Webinar

    The time, date, and location of the webinar listed in the DATES and 
ADDRESSES sections at the beginning of this document.
    Webinar registration information, participant instructions, and 
information about the capabilities available to webinar participants 
will be published on DOE's website: <a href="http://www.energy.gov/eere/buildings/public-meetings-and-comment-deadlines">www.energy.gov/eere/buildings/public-meetings-and-comment-deadlines</a>. Participants are responsible for 
ensuring their systems are compatible with the webinar software.

B. Procedure for Submitting Prepared General Statements for 
Distribution

    Any person who has an interest in the topics addressed in this 
NOPR, or who is a representative of a group or class of persons that 
has an interest in these issues, may request an opportunity to make an 
oral presentation at the webinar. Such persons may submit requests, 
along with an advance electronic copy of their statement in PDF 
(preferred), Microsoft Word or Excel, WordPerfect, or text (ASCII) file 
format, to the appropriate address shown in the ADDRESSES section at 
the beginning of this document. The request and advance copy of 
statements must be received at least one week before the webinar and 
are to be emailed. Please include a telephone number to enable DOE 
staff to make follow-up contact, if needed.

C. Conduct of the Webinar

    DOE will designate a DOE official to preside at the webinar and may 
also use a professional facilitator to aid discussion. The meeting will 
not be a judicial or evidentiary-type public hearing, but DOE will 
conduct it in accordance with section 336 of EPCA. (42 U.S.C. 6306). A 
court reporter will be present to record the proceedings and prepare a 
transcript. DOE reserves the right to schedule the order of 
presentations and to establish the procedures governing the conduct of 
the public meeting. There shall not be discussion of proprietary 
information, costs or prices, market share, or other commercial matters 
regulated by U.S. anti-trust laws. After the public meeting, interested 
parties may submit further comments on the proceedings, as well as on 
any aspect of the proposed withdrawal of coverage, until the end of the 
comment period.
    The webinar will be conducted in an informal, conference style. DOE 
will present a general overview of the topics addressed in this 
proposed rulemaking, allow time for prepared general statements by 
participants, and encourage all interested parties to share their views 
on issues affecting this proposed rulemaking. Each participant will be 
allowed to make a general statement (within time limits determined by 
DOE), before the discussion of specific topics. DOE will allow, as time 
permits, other participants to comment briefly on any general 
statements.
    At the end of all prepared statements on a topic, DOE will permit 
participants to clarify their statements briefly. Participants should 
be prepared to answer questions by DOE and by other participants 
concerning these issues. DOE representatives may also ask questions of 
participants concerning other matters relevant to this proposed 
rulemaking. The official conducting the public meeting will accept 
additional comments or questions from those attending, as time permits. 
The presiding official will announce any further procedural rules or 
modification of the previous procedures that may be needed for the 
proper conduct of the webinar.
    A transcript of the public meeting will be included in the docket, 
which can be viewed as described in the Docket section at the beginning 
of this document and will be accessible on the DOE website. In 
addition, any person may buy a copy of the transcript from the 
transcribing reporter.

D. Submission of Comments

    DOE will accept comments, data, and information regarding this 
notification of proposed determination no later than the date provided 
in the DATES section at the beginning of this document. Interested 
parties may submit comments, data, and other information using any of 
the methods described in the ADDRESSES section at the beginning of this 
document.
    Submitting comments via <a href="http://www.regulations.gov">www.regulations.gov</a>. The 
<a href="http://www.regulations.gov">www.regulations.gov</a> web page will require you to provide your name and 
contact information. Your contact information will be viewable to DOE 
Building Technologies staff only. Your contact information will not be 
publicly viewable except for your first and last names, organization 
name (if any), and submitter representative name (if any). If your 
comment is not processed properly because of technical difficulties, 
DOE will use this information to contact you. If DOE

[[Page 20939]]

cannot read your comment due to technical difficulties and cannot 
contact you for clarification, DOE may not be able to consider your 
comment.
    However, your contact information will be publicly viewable if you 
include it in the comment or in any documents attached to your comment. 
Any information that you do not want to be publicly viewable should not 
be included in your comment, nor in any document attached to your 
comment. Otherwise, persons viewing comments will see only first and 
last names, organization names, correspondence containing comments, and 
any documents submitted with the comments.
    Do not submit to <a href="http://www.regulations.gov">www.regulations.gov</a> information for which 
disclosure is restricted by statute, such as trade secrets and 
commercial or financial information (hereinafter referred to as 
Confidential Business Information (``CBI'')). Comments submitted 
through <a href="http://www.regulations.gov">www.regulations.gov</a> cannot be claimed as CBI. Comments received 
through the website will waive any CBI claims for the information 
submitted. For information on submitting CBI, see the Confidential 
Business Information section.
    DOE processes submissions made through <a href="http://www.regulations.gov">www.regulations.gov</a> before 
posting. Normally, comments will be posted within a few days of being 
submitted. However, if large volumes of comments are being processed 
simultaneously, your comment may not be viewable for up to several 
weeks. Please keep the comment tracking number that <a href="http://www.regulations.gov">www.regulations.gov</a> 
provides after you have successfully uploaded your comment.
    Submitting comments via email. Comments and documents submitted via 
email also will be posted to <a href="http://www.regulations.gov">www.regulations.gov</a>. If you do not want 
your personal contact information to be publicly viewable, do not 
include it in your comment or any accompanying documents. Instead, 
provide your contact information in a cover letter. Include your first 
and last names, email address, telephone number, and optional mailing 
address. With this instruction followed, the cover letter will not be 
publicly viewable as long as it does not include any comments.
    Include contact information each time you submit comments, data, 
documents, and other information to DOE. No faxes will be accepted.
    Comments, data, and other information submitted to DOE 
electronically should be provided in PDF (preferred), Microsoft Word or 
Excel, or text (ASCII) file format. Provide documents that are not 
secured, that are written in English, and that are free of any defects 
or viruses. Documents should not contain special characters or any form 
of encryption and, if possible, they should carry the electronic 
signature of the author.
    Campaign form letters. Please submit campaign form letters by the 
originating organization in batches of between 50 to 500 form letters 
per PDF or as one form letter with a list of supporters' names compiled 
into one or more PDFs. This reduces comment processing and posting 
time.
    Confidential Business Information. Pursuant to 10 CFR 1004.11, any 
person submitting information that he or she believes to be 
confidential and exempt by law from public disclosure should submit via 
email two well-marked copies: One copy of the document marked 
``confidential'' including all the information believed to be 
confidential, and one copy of the document marked ``non-confidential'' 
with the information believed to be confidential deleted. DOE will make 
its own determination about the confidential status of the information 
and treat it according to its determination.
    It is DOE policy that all comments may be included in the public 
docket, without change and as received, including any personal 
information provided in the comments (except information deemed to be 
exempt from public disclosure).

E. Issues on Which DOE Seeks Comments

    DOE welcomes comments on all aspects of this proposed rule. DOE is 
particularly interested in receiving comments and views of interested 
parties concerning whether rescinding the amended water use standards 
is supported by the statute.
    DOE is also interested in receiving views concerning other relevant 
issues that participants believe would affect the tentative conclusions 
presented in this document.
    After the expiration of the period for submitting written 
statements, DOE will consider all comments and additional information 
that is obtained from interested parties or through further analyses, 
and it may prepare a final rule rescinding amended water standards for 
CPSVs.

IV. Approval of the Office of the Secretary

    The Secretary of Energy has approved publication of this notice of 
proposed rulemaking.

List of Subjects in 10 CFR Part 431

    Administrative practice and procedure, Confidential business 
information, Energy conservation, Industrial equipment, Imports, 
Incorporation by Reference, Intergovernmental relations, Reporting and 
recordkeeping requirements, and Small businesses.

Signing Authority

    This document of the Department of Energy was signed on May 9, 
2025, by Chris Wright, 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 May 9, 2025.
Treena V. Garrett,
Federal Register Liaison Officer, U.S. Department of Energy.

    For the reasons set forth in the preamble, DOE is proposing to 
amend part 431 of chapter II, subchapter D, of title 10 of the Code of 
Federal Regulations, to read as set forth below:

PART 431--ENERGY EFFICIENCY PROGRAM FOR CERTAIN COMMERCIAL AND 
INDUSTRIAL EQUIPMENT

0
1. The authority citation for part 431 continues to read as follows:

    Authority: 42 U.S.C. 6291-6317; 28 U.S.C. 2461 note.


Sec.  431.266  [Amended]

0
2. Amend Sec.  431.266 by removing subparagraph (b).

[FR Doc. 2025-08574 Filed 5-12-25; 9:30 am]
BILLING CODE 6450-01-P


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Indexed from Federal Register on May 16, 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.