Proposed Rule2025-08575
Energy Conservation Program: Energy Conservation Standards for Faucets
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
May 16, 2025
Issuing agencies
Energy Department
Abstract
The Department of Energy (DOE) is proposing to rescind the amended water use standards for faucets. If finalized, this will reset existing water use requirements for faucets to the statutory standard.
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 20854-20859]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-08575]
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DEPARTMENT OF ENERGY
10 CFR Part 430
[EERE-2025-BT-STD-0021]
RIN 1904-AF91
Energy Conservation Program: Energy Conservation Standards for
Faucets
AGENCY: Office of Energy Efficiency and Renewable Energy, Department of
Energy (DOE).
ACTION: Notice of proposed rulemakings; request for comments.
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SUMMARY: The Department of Energy (DOE) is proposing to rescind the
amended water use standards for faucets. If finalized, this will reset
existing water use requirements for faucets to the statutory standard.
DATES:
Comments: Comments must be received within 60 days of May 16, 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-0021. Follow the instructions for submitting
comments. Alternatively, interested persons may submit comments,
identified by docket number EERE-2025-BT-STD-0021, by any of the
following methods:
(1) Email: <a href="/cdn-cgi/l/email-protection#3f795e4a5c5a4b4c0d0f0d0a6c6b7b0f0f0d0e7f5a5a115b505a11585049"><span class="__cf_email__" data-cfemail="692f081c0a0c1d1a5b595b5c3a3d2d59595b58290c0c470d060c470e061f">[email protected]</span></a>. Include the docket number
EERE-2025-BT-STD-0021 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 IV of this document.
Docket: The docket for this 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-0021">www.regulations.gov/docket/EERE-2025-BT-STD-0021</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#480c070d0f2d262d3a29240b273d263b2d24082039662c272d662f273e"><span class="__cf_email__" data-cfemail="eca8a3a9ab8982899e8d80af8399829f8980ac849dc2888389c28b839a">[email 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#6b2a1b1b07020a05080e381f0a050f0a190f183a1e0e181f020405182b0e0e450f040e450c041d"><span class="__cf_email__" data-cfemail="ffbe8f8f93969e919c9aac8b9e919b9e8d9b8cae8a9a8c8b9690918cbf9a9ad19b909ad1989089">[email 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
IV. Approval of the Office of the Secretary
I. General Discussion
The U.S. Department of Energy is proposing to rescind the maximum
water use requirements for faucets, codified in title 10 of the Code of
Federal Regulations (``CFR'') 430.32(o), and return to the
Congressionally established maximum water use. DOE proposes to rescind
the regulatory water use standards in their entirety and seeks comment
on all aspects of this proposal. The rescission will return the water
use requirements for the five enumerated faucet types to the standards
established in 42 U.S.C. 6295(j)(2).
Title III, Part B of the Energy Policy and Conservation Act (EPCA),
Public Law 94-163 (42 U.S.C. 6291-6309, as codified), established the
Energy Conservation Program for ``Consumer Products Other Than
Automobiles.'' Faucets are included in the list of ``covered products''
for which DOE is authorized to establish and amend energy conservation
standards and test procedures. (42 U.S.C. 6292(a)(16))
Through EPCA, Congress established water conservation standards for
faucets, which set the maximum water use allowed as 2.5 gallons per
minute for lavatory faucets, lavatory replacement aerators, kitchen
faucets, kitchen replacement aerators, or 0.25 gallons per cycle for
metering faucets when measured at a flowing water pressure of 80 pounds
per square inch. (42 U.S.C 6295(j)(2)) These standards, as prescribed
by EPCA, originate in the American Society of Mechanical Engineers/
American National Standards Institute (``ASME/ANSI'') Standard
A112.18.1M-1989. 62 FR 7834, 7835 (Feb. 20, 1997). EPCA further
provides that if the requirements of ASME/ANSI Standard A112.18.1M-1989
are amended to improve the efficiency of water use, the Secretary shall
publish a
[[Page 20855]]
final rule establishing an amended uniform national standard unless the
Secretary determines that adoption of such a standard at the level
specified is not: (i) technologically feasible and economically
justified under subsection (o) of this section; (ii) consistent with
the maintenance of public health and safety; or (iii) consistent with
the purposes of this Act. (42 U.S.C. 6295(j)(3)(A)) Finally, EPCA
offers a pathway for the Secretary to adopt a uniform national standard
for faucets that are more stringent than amened ASME/ANSI standards if
it ``(I) would result in additional conservation of energy or water;
(II) would be technologically feasible and economically justified under
subsection (o) of this section; and (III) would be consistent with the
maintenance of public health and safety.'' (42 U.S.C. 6295(j)(3)(B)(i))
DOE codified the maximum water use allowed for this covered product
by establishing 10 CFR 430.32(o) through a final rule in 1998. Instead
of adopting the values from the statute, which parallelled ASME/ANS
Standard A112.18.1M-1989, DOE incorporated the water use thresholds
from the recently amended ASME/ANS Standard A112.18.1M-1996 into its
regulation. See 63 FR 13308, 13309 (March 18, 1998).
DOE is now proposing to rescind the maximum water use allowances at
10 CFR 430.32(o) that adopted ASME/ANS Standard A112.18.1M-1996. As
mentioned previously, EPCA provided DOE with the authority to adopt
amended standards for water use if the ASME/ANSI Standard A112.18.1M-
1989 was amended and directed the agency to adopt a uniform national
standard meeting the amended levels unless the Secretary determined
that such standards was not technologically feasible and economically
justified; consistent with the maintenance of public health and safety;
or (iii) consistent with the purposes of EPCA. (42 U.S.C.
6295(j)(3)(A)(i-iii))
Upon reevaluation, DOE has tentatively determined that the maximum
water use values from ASME/ANSI Standard A112.18.1M-1996 were not
economically justified, and likely should not have been adopted in
regulation, and should now be rescinded. If this proposal is finalized,
regulated entities should instead rely on the statutory maximum water
use allowances at 42 U.S.C. 6295(j)(2).
DOE seeks comment on all aspects of DOE's statutory authority as
relevant to the water use regulations of faucets and the proposal to
rescind the standards at 10 CFR 430.32(o).
Even if DOE's prior decision that the ASME/ANSI Standard
A112.18.1M-1996 maximum water use standards were economically justified
based on the Department's adoption of those maximums in regulation, DOE
is now questioning whether this activity resulted in an
unconstitutional delegation of legislative power to a private entity.
In general, the Supreme Court has dismissed the notation that Congress
could delegate its legislative authority to private groups ``to empower
them to enact the laws they deem to be wise and beneficial for the
rehabilitation and expansion of their trade or industries[.]. . . Such
a delegation of legislative power is unknown to our law, and is utterly
inconsistent with the constitutional prerogatives and duties of
Congress.'' A. L. A. Schechter Poultry Corp. v. United States, 295 U.S.
495, 537 (1935). More recently, courts have noted that ``[e]ven an
intelligible principle cannot rescue a statute empowering private
parties to wield regulatory authority.'' Ass'n of Am. R.R. v. United
States DOT, 721 F.3d 666, 671 (D.C. Cir. 2013).
DOE additionally seeks comment on EPCA's direction and DOE's
activity per 42 U.S.C. 6295(j)(3)(A). 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 not economically justified, and that they are
inconsistent with a policy of maximally reducing regulatory burdens.
See 42 U.S.C. 6295(p)(1). These are the same reasons that DOE is
considering the change of position that is contemplated by this rule.
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 the Regulatory Flexibility Act
The Regulatory Flexibility Act (5 U.S.C. 601 et seq.) requires
preparation of an initial regulatory flexibility analysis (``IRFA'' and
a final regulatory flexibility analysis (``FRFA'') 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 Counsel's website (<a href="http://www.energy.gov/gc/office-general-counsel">www.energy.gov/gc/office-general-counsel</a>).
DOE reviewed this proposed rule under the provisions of the
Regulatory Flexibility Act and the policies and procedures published on
February 19, 2003. This proposed rule proposes to eliminate standards
at 10 CFR 430.32(o). Therefore, DOE initially concludes that the
impacts of the proposed recission of those standards 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 rule imposes no new information or record-keeping
requirements. Accordingly, the 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
[[Page 20856]]
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 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 rescission. States can petition DOE for
exemption from such preemption to the extent, and based on criteria,
set forth in EPCA. (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
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 rescission 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
[[Page 20857]]
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''), 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.\1\ 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.\2\
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\1\ 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).
\2\ 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 Executive Order 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
[[Page 20858]]
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
proposed rule 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 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 itself 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, hand delivery/courier, or postal
mail. Comments and documents submitted via email, hand delivery/
courier, or postal mail 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. 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. If you submit via postal mail
or hand delivery/courier, please provide all items on a CD, if
feasible, in which case it is not necessary to submit printed copies.
No telefacsimiles (faxes) will be accepted.
Comments, data, and other information submitted to DOE
electronically should be provided in PDF (preferred), Microsoft Word or
Excel, WordPerfect, 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, postal mail, or hand delivery/courier 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's 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).
IV. Approval of the Office of the Secretary
The Secretary of Energy has approved publication of this notice of
proposed rulemaking and request for comments.
List of Subjects in 10 CFR Part 430
Administrative practice and procedure, Confidential business
information, Energy conservation, Household appliances, Imports,
Incorporation by reference, Intergovernmental relations, Reporting and
recordkeeping requirements, 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 proposes to amend
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.
[[Page 20859]]
Sec. 430.32 [Amended]
0
2. Amend Sec. 430.32 by removing and reserving paragraph (o).
[FR Doc. 2025-08575 Filed 5-12-25; 9:30 am]
BILLING CODE 6450-01-P
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</html>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.