G/TBT/N/USA/1822  
12 January 2022  
(22-0285) Page: 1/2 
Committee on Technical Barriers to Trade  Original:  English  
 
  
NOTIFICATION  
The following notification is being circulated in accordance with Article 10.6  
 
1. Notifying Member:  UNITED STATES OF AMERICA   
If applicable, name of local government involved (Article 3.2 and 7.2):   
2. Agency responsible:  Office of Energy Efficiency and Renewable Energy (OEERE), 
Department of Energy (DOE) [1851]  
Name and address (including telephone and fax numbers , email and website 
addresses, if available) of agency or authority designated to handle comments 
regarding the notification shall be indicated if different from above:   
Please submit comments to: USA WTO TBT Enquiry Point, Email: usatbtep@nist.gov  
3. Notified under Article 2.9.2 [X], 2.10.1 [   ], 5.6.2 [X ], 5.7.1 [   ], other :  
4. Products covered (HS or CCCN where applicable, otherwise national tariff 
heading. ICS numbers may be provided in addition, where applicable):  Consumer 
water heaters and residential -duty commercial water heaters; Electric instantaneous or 
storage water heaters and immersion heaters; electric space heating apparatus and soil 
heating apparatus; electro -thermic hair -dressing apparatus, e.g. hair dr yers, hair curlers 
and curling tong heaters, and hand dryers; electric smoothing irons; other electro -thermic 
appliances of a kind used for domestic purposes; electric heating resistors (other than 
those of heading 8545); parts thereof (HS 8516); Quality ( ICS 03.120), Environmental 
protection (ICS 13.020), Test conditions and procedures in general (ICS 19.020), 
Installations in buildings (ICS 91.140), Domestic, commercial and industrial heating 
appliances (ICS 97.100)  
5. Title, number of pages and language (s) of the notified document:  Energy 
Conservation Program: Test Procedure for Consumer Water Heaters and Residential -Duty 
Commercial Water Heaters (61 page(s), in English)  
6. Description of content:  Notice of proposed rulemaking and request for comment 
- The U.S. Department of Energy (DOE) proposes to amend the test  procedure for 
consumer water heaters and residential -duty commercial  water heaters to update the 
procedure to the latest versions of the  industry standards that are incorporated by 
reference an d to consider   
procedures that are included in a draft industry standard, which is not  currently 
incorporated by reference. DOE also proposes to interpret the  statutory definition of 
consumer water heater to cover larger capacity  heat pump type units as co mmercial 
equipment and proposes several new  definitions for water heaters that cannot 
be  appropriately tested with  the current DOE test procedure, along with test methods 
to test these  products. DOE is seeking comment from interested parties on 
the propos als. 
7. Objective and rationale, including the nature of urgent problems where 
applicable:  Prevention of deceptive practices and consumer protection; Protection of the 
environment  G/TBT/N/USA/1822  
 
- 2 - 
 
  8. Relevant documents:   
87 Federal Register (FR) 1554, 11 January 2021; Title 10 Code of Federal Regulations 
(CFR) Parts 429, 430, and 431:  
https://www.govinfo.gov/content/pkg/FR -2022-01-11/html/2021 -27004.htm  
https://www.govinfo.gov/content/pkg/FR -2022-01-11/pdf/2021 -27004.pdf  
This notice of proposed rulemaking & request for comment is identified by Docket Number 
EERE-2019-BT-TP-0032. The Docket Folder is available from Regulations.gov 
at https://www.regulations.gov/docket/EERE -2019-BT-TP-0032/document  and provides 
access to primary and su pporting documents as well as comments received. Documents 
are also accessible from  Regulations.gov  by searching the Docket Number. WTO Members 
and their stakeholders are asked to submit comments to t he USA TBT Enquiry Point  by 
or before 4pm Eastern Time  on 14 March 2022. Comments received by the USA TBT 
Enquiry Point from WTO Members and their stakeholders will be shared with the regulator 
and will also be submitted to the  Docket  on Regulations.gov if received within the 
comment period.   
DOE will hold a webinar on Tuesday, 25 January 2022, from 1:00 p.m. to 5:00 p.m.  
Easter n Time . See section V, "Public Participation," for webinar registration information, 
participant instructions, and information about the capabilities available to webinar 
participants.  
Energy Conservation Program: Test Procedures for Consumer Water  Heaters  and 
Residential -Duty Commercial Water Heaters; Request for Information, published 16 
April 2020,  identified by Docket Number EERE-2019-BT-TP-0032: 
https://www.govinfo.gov/content/pkg/FR -2020-04-16/html/2020 -07732.htm  
https: //www.govinfo.gov/content/pkg/FR -2020-04-16/pdf/2020 -07732.pdf  
G/TBT/N/USA/868/Add.1  - Energy Conservation Program for Consumer Products and 
Certain Co mmercial and Industrial Equipment: Test Procedures for Residential and 
Commercial Water Heaters; Final Rule  identified by Docket Number  EERE-2011-BT-TP-
0042. 
G/TBT/N/USA/987/Add.3  - Energy Conservation Program for Consumer Products and 
Certain Com mercial and Industrial Equipment: Test Procedures for Consumer and 
Commercial Water Heaters; Final Rule  identified by Docket Number  EERE-2015-BT-TP-
0007. 
G/TBT/N/USA/1124/Add.1  - Energy Conservation Program for Certain Commercial and 
Indus trial Equipment: Test Procedure for Commercial Water Heating Equipment; Final 
Rule identified by Docket Number EERE-2014-BT-TP-0008. 
9. Proposed date of adoption:  To be determined  
Proposed date of entry into force:  To be determined  
10. Final date for comments:  14 March 2022  
11. Texts available from:  National enquiry point [ ] or address, telephone and fax 
numbers and email and website addresses, if available , of other body:   
https://members.wto.org/crnattachments/2022/TBT/USA/22_0335_00_e.pdf