G/TBT/N/USA/798  
 
6 March 2013  
(13-1220)  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) (815) 
Name and address (including telephon e 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 :    
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):  Residential 
water heaters (HS 8516.10, ICS 13.020, 97.100). 
5. Title, number of pages and langua ge(s) of the notified document:  Energy 
Conservation Program for Consumer Products: Energy Conservation Standards for Residential Water Heaters (20 pages, in English). 
6. Description of content:  The Energy Policy and Conservation Act of 1975 (EPCA), as 
amended, prescribes energy conservation standards for various consumer products and 
certain commercial and industrial equipment, including residential water heaters. EPCA 
also requires the U.S. Department of Energy (DOE) to determine whether more stringent amended standards would be technologically feasible and economically justified, and would 
save a significant amount of energy. Accordingly, DOE established amended energy 
conservation standards for several classes of residential water heaters in an April 2010 final rule. Subsequent to the publication of that final rule, a number of utility companies brought forth concerns regarding the amended energy conservation standard levels for 
electric storage water heaters and the impact of these standards on electric thermal 
storage programs that utility companies administer to manage peak load. In this document, DOE proposes to establish a waiver process that will mitigate the concerns  of 
utility companies regarding the implementation of the April 2010 standard levels by 
allowing for the manufacture of certain large-volume electric storage water heaters provided that they meet a set of conditions discussed in this proposed rule. The document 
also announces a public meeting to receive comment on the proposed waiver process and 
criteria for obtaining a waiver. 
7. Objective and rationale, including the nature of urgent problems where 
applicable:  Protection of the environment.  
8. Relevant documents:   78 Federal Register (FR) 12969, 26 February 2013; Title 10 Code 
of Federal Regulations (CFR) Part 430.  Will appear in the Federal Register when adopted.   
9. Proposed date of adoption:   
Proposed date of entry into force:    To be determined G/TBT/N/USA/798 
 
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  10. Final date for comments:  29 April 2013 
11. Text available from:  National enquiry point [  ], or address, telephone and fax 
numbers, e-mail and web-site addresse s, if available of the other body:    
URLs: http://www.gpo.gov/fdsys/pkg/FR -2013-02-26/html /2013-04099.htm  
http://www.gpo.gov/fdsys/pkg/FR -2013-02-26/pd f/2013-04099.pdf