G/TBT/N/USA/1639  
19 August 2020  
(20-5641) 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) [1667]  
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 [   ], 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):  
Showerheads; Environmental protection (ICS 13.020), Valves (ICS 23.060), Installations 
in buildings (ICS 91.140)  
5. Title, number of pages and language(s) of the notified document:  Energy 
Conservation Program: Test Procedure for Showerheads (14 page(s), in English)  
6. Description of content:  Notice of proposed rulemaking and announcement of public 
meeting - The U.S. Department of Energy ("DOE") proposes to amend the existing test 
procedure for showerheads to revise the definition of a showerhead consiste nt with the 
most recent standard developed by the American Society of Mechanical Engineers 
("ASME") in 2018. DOE's current definition considers all of the individual showerheads 
(which DOE has termed variously as sprays, openings, or nozzles) in a product containing 
multiple showerheads together for purposes of compliance with the water conservation 
standard established in the Energy Policy and Conservation Act ("EPCA"). DOE proposes 
instead to define showerhead as that term is defined in the 2018 ASME stan dard, such that 
each showerhead in a product containing multiple showerheads would be considered 
separately for purposes of determining standards compliance, and only one of them would 
need to be turned on for testing. DOE has determined that the proposed definition is 
consistent with EPCA and, unlike the current definition, compliant with Office of 
Management and Budget ("OMB") Circular A -119. In addition, the proposed definition is 
consistent with DOE's treatment of other products, such as body sprays. DO E also 
proposes to define the terms "body spray" and "safety shower showerhead" to clarify 
which products are not subject to the current energy conservation standard. DOE invites 
comment on all aspects of this proposal, and announces a public webinar to co llect 
comments and data on its proposal.  
7. Objective and rationale, including the nature of urgent problems where 
applicable:  Consumer information, labelling; Prevention of deceptive practices and 
consumer protection; Protection of the environment  G/TBT/N/USA/1639  
 
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  8. Relevant documents:   
85 Federal Register (FR) 49284, 13 August 2020; Title 10 Code of Federal Regulations 
(CFR) Part 430:  
https://www.govinfo.gov/content/pkg/FR -2020-08-13/html/2020 -15749.htm  
https://www.govinfo .gov/content/pkg/FR -2020-08-13/pdf/2020 -15749.pdf  
This notice of proposed rulemaking and announcement of public meeting is identified by 
Docket Number EERE -2020-BT-TP-0002.   The Docket Folder is available on 
Regulations.gov  at https://www.reg ulations.gov/docket?D=EERE -2020-BT-TP-0002 and 
provides access to primary and supporting documents as well as comments received. 
Documents are also accessible from Regulations.gov  by searching the Doc ket Number.   
WTO Members and their stakeholders are asked to submit comments to the USA TBT 
Enquiry Point . Comments received by the USA TBT Enquiry Point from WTO M embers and 
their stakeholders will be shared with the regulator and will also be submitted to the 
Docket  on Regulat ions.gov  if received within the comment period.  
G/TBT/N/USA/708 and subsequent addenda  - Energy Conservation Program for Consumer 
Products and Certain Commercial and Industrial Equipment: Test Procedures for 
Showerheads, Faucets, Water Closets, Urinals, and Commercial Prerinse Spra y Valves  
Actions notified under the symbol G/TBT/N/USA/708  are identified by Docket Number 
EERE-2011-BT-TP-0061.   The Docket Folder is available on Regulations.gov at 
https://www.regulations.gov/docket?D=EERE -2011-BT-TP-0061, 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:  14 September 2020  
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/2020/TBT/USA/20_4977_00_e.pdf