G/TBT/N/USA/578/Rev.1  
1 September 2020  
(20-5947) Page: 1/2 
Committee on Technical Barriers to Trade  Original:  English  
 
  
NOTIFICATION  
Revision  
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 (Articles 3.2 and 7.2):   
2. Agency responsible:  Office of Energy Efficiency and Renewable Energy, Department of 
Energy  
Name and address (including telephone and fax numbers, email and website 
addresses, if available) of  agency or authority designated to handle comments 
regarding the notific ation 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):  Certain 
consumer products and commercial and industrial equipment; Quality (ICS 03.120), Test 
conditions and p rocedures in general (ICS 19.020), Electrical engineering in general (ICS 
29.020)  
5. Title, number of pages and language(s) of the notified document:  Enforcement for 
Consumer Products and Commercial and Industrial Equipment (17 page(s), in English)  
6. Description of content:  Notice of proposed rulemaking - The U.S. Department of Energy 
("DOE" or the "Department") proposes to revise its existing enforcement regulations for 
certain consumer products and commercial and industrial equipment covered under the 
Energy Policy and Conservation Act of 1975, as amended (EPCA or the "Act"). The 
proposal, if adopted, would provide the regulated industry with further clarity and 
transparency about DOE's enforcement process, including enforcement sampling 
procedures and test notice requirements. The proposal provides for a process to petition 
DOE for reexamination of a pending determination of noncompliance, and for DOE to have 
the discretion to consider third -party certification program testing as official enforcement 
test data. Ultimately, the proposal will further align DOE's regulations with its statutory 
authority, foster communication between DOE and the regulated industry, and promote 
the effective and systematic enforcement of DOE's regulations.  
7. Objective and r ationale, including the nature of urgent problems where 
applicable:  Consumer information, labelling; Protection of the environment; Quality 
requirements   G/TBT/N/USA/578/Rev.1  
 
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  8. Relevant documents:  85 Federal Register (FR) 53691, 31 August 2020; Title 10 Code 
of Federal Regulations (CFR) Parts 429 and 431:  
https://www.govinfo.gov/content/pkg/FR -2020-08-31/html/2020 -16690.htm  
https://www.govinfo.gov/content/pkg/FR -2020-08-31/pdf/2020 -16690.pdf  
This notice of proposed rulemaking is identified by Docket Number E ERE-2019-BT-CE-
0015.  The Docket Folder is available on Regulations.gov  at 
https://www.regulations.gov/docket?D=EERE_FRDOC_0001 and provides access to 
primary and supporting documents as well as comments received. Documents are also 
accessible from Regulations.gov  by searching the Docket Number.   WTO Members and 
their stakehold ers are asked to submit comments to the USA TBT Enquiry 
Point. Comments received by the USA TBT Enquiry Point from WTO Members and their 
stakeholders will be shared with the regulator and will also be su bmitted to the Docket  on 
Regulations.gov  if received within the comment period.  
Previous actions notified under the symb ol G/TBT/N/USA/578  are ide ntified by Docket 
Number EERE -2010-BT-CE-0014.   The Docket Folder is available on Regulations.gov  at 
https://www.re gulations.gov/docket?D=EERE -2010-BT-CE-0014  and provides access to 
primary and supporting documents as well as comments received. Documents are also 
accessible from Regulations.gov  by searching the Do cket Number.  
The notice of proposed rulemaking notified under the symbol G/TBT/N/USA/1160 - Energy 
Conservation Program: Certification, Compliance, Labeling, and Enforcement for Electric 
Motors and Small Electric Motors, is identified by Docket Number EERE -2014-BT-CE-
0019.  The Dock et Folder is available on Regulations.gov  at 
https://www.regulations.gov/docket?D=EERE -2014-BT-CE-0019 and provides  access to 
primary and supporting documents as well as comments received. Documents are also 
accessible from Regulations.gov  by searching the Docket Number.  
9. Proposed date of adoption:  To be determined  
Proposed date of entry into force:  To be determined  
10. Final date for comments:  30 October 2020  
11. Texts available from:  National enquiry point [ ] or address, telephone or fax 
numbers  and email and website address es, if available , of other body:   
https://members.wto.org/crnattachments/2020/TBT/USA/20_5218_00_e.pdf