G/TBT/N/USA/1133/Rev.1  
20 May 2022  
(22-3889) 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 notifi cation 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 [  ], 5.7.1 [  ], 3.2 [  ], 7.2 [  ], 
other :  
4. Products covered (HS or CCCN where applicable, otherwise national tariff 
heading.  ICS numbers may be provided in addition, where applicable):  
Commercial water heating equipment; Environmental protection (ICS code(s): 13.020); 
Domestic,  commercial and industrial heating appliances (ICS code(s): 97.100)  
5. Title, number of pages and language(s) of the notified document:  Energy 
Conservation Program: Energy Conservation Standards for Commercial Water Heating 
Equipment; (119 page(s), in Eng lish) 
6. Description of content:  Notice of proposed rulemaking and announcement of public 
meeting - The Energy Policy and Conservation Act, as amended ("EPCA"), prescribes 
energy conservation standards for certain commercial and industrial equipment, incl uding 
commercial water heaters, hot water supply boilers, and unfired hot water storage tanks 
(hereinafter referred to as "commercial water heating (CWH) equipment"). EPCA requires 
the U.S. Department of Energy ("DOE") to periodically determine whether mor e-stringent 
standards for CWH equipment would be technologically feasible and economically 
justified, and would result in significant energy savings. In this notice of proposed 
rulemaking ("NOPR"), DOE proposes to amend the standards for certain classes of  CWH 
equipment for which DOE has tentatively determined there is clear and convincing 
evidence to support more -stringent standards. Additionally, DOE is proposing to codify 
standards for electric instantaneous CWH equipment from EPCA into the Code of Feder al 
Regulations ("CFR"). DOE also announces a public meeting to receive comment on these 
proposed standards and the associated analyses and results.  
7. Objective and rationale, including the nature of urgent problems where 
applicable:  Prevention of decepti ve practices and consumer protection; Protection of the 
environment   G/TBT/N/USA/1133/Rev.1  
 
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  8. Relevant documents:  87 Federal Register (FR) 30610, 19 May 2022; Title 10 Code of 
Federal Regulations (CFR) Part 431:  
https://www.govinfo.gov/content/pkg/FR -2022-05-19/html/2022 -10011.htm  
https://www.govin fo.gov/content/pkg/FR -2022-05-19/pdf/2022 -10011.pdf  
The Department of Energy will hold a public meeting via webinar on 23 June 2022, from 
1:00 p.m. to 5:00 p.m. Eastern Time . See section VII, "Public Participation," for webinar 
registration information, participant instructions and information about the capabilities 
available to webinar participants.  
This n otice of proposed rulemaking and announcement of public meeting is identified by 
Docket Number EERE -2021-BT-STD-0027. The Docket Folder is available from 
Regulations.gov at https://www.regulations.gov/docket/EERE -2021-BT-STD-
0027/document  and provides access to primary and supporting documents as well as 
comments received. Documents are also accessible from Regulations.gov  by searchi ng 
the Docket Number. WTO Members and their stakeholders are asked to submit comments 
to the USA TBT Enquiry Point  by or before 4pm Eastern Time  on 18 July 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.  
Previous actions notified under the symbol G/TBT/N/USA/1133  are identified by Docket 
Number EERE -2014-BT-STD-0042. The Docket Folder is available on Regulations.gov at 
https: //www.regulations.gov/docket/EERE -2014-BT-STD-0042/document  and provides 
access to primary and supporting documents as well as comments received. Documents 
are also accessible from Regulations.gov  by searching th e Docket Number.  
9. Proposed date of adoption:  To be determined  
Proposed date of entry into force:  To be determined  
10. Final date for comments:  18 July 2022  
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/2022/TBT/USA/22_3546_00_e.pdf