DOE proposed to rescind the amended water conservation standards for commercial clothes washers, codified in 10 CFR 431.156. Congress required each “commercial clothes washer manufactured on or after January 1, 2007” to have “a Modified Energy Factor of at least 1.26” and “a Water Factor of not more than 9.5.” 42 U.S.C. 6313(e). DOE has set more stringent requirements. Each “commercial clothes washer manufactured on or after January 8, 2013, and before January 1, 2018,” must have a modified energy factor no less than 1.6 (for top-loading washers) and 2.0 (for front-loading washers), and a water factor no greater than 8.5 (for top-loading washers) and 5.5 (for front-loading washers). DOE proposed to rescind the water factor requirements in their entirety. DOE asserted that the anti-backsliding provision in section 6313(a)(6)(B)(iii) does not apply to the water use requirements for commercial washers. DOE also has tentatively determined that it lacks authority to regulate the water use of commercial clothes washers under Section 6313(a)(6), titled “[a]mended energy efficiency standards.” DOE argued that the statute does not seem to contemplate that it will change water-use requirements—only energy requirements.