[Federal Register Volume 77, Number 104 (Wednesday, May 30, 2012)]
[Proposed Rules]
[Pages 31742-31756]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-12919]
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DEPARTMENT OF ENERGY
10 CFR Parts 429, 430, and 431
[Docket No. EERE-2011-BT-TP-0061]
RIN 1904-AC65
Energy Conservation Program for Consumer Products and Certain
Commercial and Industrial Equipment: Test Procedures for Showerheads,
Faucets, Water Closets, Urinals, and Commercial Prerinse Spray Valves
AGENCY: Office of Energy Efficiency and Renewable Energy, Department of
Energy.
ACTION: Notice of proposed rulemaking and public hearing.
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SUMMARY: In this notice of proposed rulemaking (NOPR), the U.S.
Department of Energy (DOE) proposes to update its test procedures for
showerheads, faucets, water closets, and urinals. Specifically, DOE
proposes to incorporate by reference the American Society of Mechanical
Engineers/American National Standards Institute (ASME/ANSI) Standard
A112.18.1-2011 test procedure for faucets and showerheads, which would
replace the 1996 version currently referenced by DOE in its test
procedure. DOE also proposes to incorporate by reference ASME/ANSI
Standard A112.19.2-2008 procedure for water closets and urinals, which
would replace the 1995 version currently referenced by DOE in its test
procedure. These updates fulfill DOE's obligation under the Energy
Policy and Conservation Act (EPCA) to review its test procedures for
covered products at least once every 7 years and either amend the
applicable test procedures or publish a determination in the Federal
Register not to amend them. DOE also expects that incorporation of the
updated procedures will bring DOE's testing requirements more closely
in line with current industry practices, reduce the burden associated
with testing and reporting test results for these products, and improve
the accuracy of test results.
For commercial prerinse spray valves, DOE has preliminarily
determined that no changes are needed to the existing DOE test
procedure in order to accurately measure the water consumption of these
products, and proposes to retain the existing procedure without change.
However, since the American Society for Testing and Materials (ASTM)
reapproved this standard in 2009 as F2324-03 (2009), DOE is proposing
to incorporate by reference this most recent version. This action would
also satisfy the EPCA requirement for DOE to review the test procedures
for these products at least once every 7 years.
This notice also announces a public meeting to receive comments on
these proposed amendments to the test procedures.
DATES: DOE will hold a public meeting on July 24, 2012, from 9 a.m. to
4 p.m., in Washington, DC. The meeting will also be broadcast as a
webinar. See section V, ``Public Participation,'' for webinar
registration information, participant instructions, and information
about the capabilities available to webinar participants.
DOE will accept comments, data, and information regarding this NOPR
before and after the public meeting, but no later than August 13, 2012.
See section V, ``Public Participation,'' for details.
ADDRESSES: The public meeting will be held at the U.S. Department of
Energy, Forrestal Building, Room 8E-089, 1000 Independence Avenue SW.,
Washington, DC 20585. To attend, please notify Ms. Brenda Edwards at
(202) 586-2945. Please note that foreign nationals visiting DOE
Headquarters are subject to advance security screening procedures. Any
foreign national wishing to participate in the meeting should advise
DOE as soon as possible by contacting Ms. Edwards to initiate the
necessary procedures. Please also note that those wishing to bring
laptops into the Forrestal Building will be required to obtain a
property pass. Visitors should avoid bringing laptops, or allow an
extra 45 minutes. Persons can attend the public meeting via webinar.
For more information, refer to
[[Page 31743]]
section V, ``Public Participation,'' near the end of this notice.
Any comments submitted must identify the NOPR for Test Procedures
for Showerheads, Faucets, Water Closets, Urinals, and Commercial
Prerinse Spray Valves, and provide docket number EERE-2011-BT-TP-0061
and/or regulatory information number (RIN) 1904-AC65. Comments may be
submitted using any of the following methods:
1. Federal eRulemaking Portal: http://www.regulations.gov. Follow
the instructions for submitting comments.
2. Email: [email protected]. Include the docket
number and/or RIN in the subject line of the message.
3. Mail: Ms. Brenda Edwards, U.S. Department of Energy, Building
Technologies Program, Mailstop EE-2J, 1000 Independence Avenue SW.,
Washington, DC 20585-0121. If possible, please submit all items on a
CD. It is not necessary to include printed copies.
4. Hand Delivery/Courier: Ms. Brenda Edwards, U.S. Department of
Energy, Building Technologies Program, 950 L'Enfant Plaza SW., Suite
600, Washington, DC 20024. Telephone: (202) 586-2945. If possible,
please submit all items on a CD. It is not necessary to include printed
copies.
For detailed instructions on submitting comments and additional
information on the rulemaking process, see section V of this document
(``Public Participation'').
Docket: The docket is available for review at regulations.gov,
including Federal Register notices, public meeting attendee lists and
transcripts, comments, and other supporting documents/materials. All
documents in the docket are listed in the regulations.gov index.
However, not all documents listed in the index may be publicly
available, such as information that is exempt from public disclosure.
A link to the docket Web page can be found at: http://www.regulations.gov/#!docketDetail;dct=FR%252BPR%252BN%252BO%252BSR%252BPS;rpp=10;po=0;D=EER
E-2011-BT-TP-0061. This Web page will contain a link to the docket for
this notice on the regulations.gov site. The regulations.gov Web page
will contain simple instructions on how to access all documents,
including public comments, in the docket. See section V, ``Public
Participation,'' for information on how to submit comments through
regulations.gov.
For further information on how to submit a comment, review other
public comments and the docket, or participate in the public meeting,
contact Ms. Brenda Edwards at (202) 586-2945 or by email:
[email protected].
FOR FURTHER INFORMATION CONTACT:
Mr. Lucas Adin, U.S. Department of Energy, Office of Energy
Efficiency and Renewable Energy, Building Technologies Program, EE-2J,
1000 Independence Avenue SW., Washington, DC 20585-0121. Telephone:
(202) 287-1317. Email: [email protected].
Ms. Jennifer Tiedeman, U.S. Department of Energy, Office of the
General Counsel, GC-71, 1000 Independence Avenue SW., Washington, DC
20585-0121. Telephone: (202) 287-6111. Email:
[email protected].
SUPPLEMENTARY INFORMATION:
I. Background and Authority
II. Summary of the Notice of Proposed Rulemaking
III. Discussion
A. Statutory Plumbing Requirements
1. Test Procedures for Showerheads and Faucets
2. Test Procedures for Water Closets and Urinals
3. Test Procedure for Commercial Prerinse Spray Valves
4. Design Requirements for Showerheads
5. Definitions
B. Supplementary Plumbing Requirements
1. Definition of a Basic Model
2. Statistical Sampling Plans for Certification
3. Information To Be Provided in Certification Reports
IV. Procedural Issues and Regulatory Review
A. Review Under Executive Order 12866
B. Review Under the Regulatory Flexibility Act
Showerheads and Faucets
Water Closets and Urinals
Commercial Prerinse Spray Valves
C. Review Under the Paperwork Reduction Act of 1995
D. Review Under the National Environmental Policy Act of 1969
E. Review Under Executive Order 13132
F. Review Under Executive Order 12988
G. Review Under the Unfunded Mandates Reform Act of 1995
H. Review Under the Treasury and General Government
Appropriations Act, 1999
I. Review Under Executive Order 12630
J. Review Under the Treasury and General Government
Appropriations Act, 2001
K. Review Under Executive Order 13211
L. Review Under Section 32 of the Federal Energy Administration
Act of 1974
V. Public Participation
A. Attendance at the Public Meeting
B. Procedure for Submitting Requests To Speak
C. Conduct of Public Meeting
D. Submission of Comments
E. Issues on Which DOE Seeks Comment
VI. Approval of the Office of the Secretary
I. Background and Authority
Title III, Part B of the Energy Policy and Conservation Act of 1975
(EPCA), Public Law 94-163 (42 U.S.C. 6291-6309, as codified),
established the Energy Conservation Program for Consumer Products Other
Than Automobiles, which includes the showerheads, faucets, water
closets, and urinals that are the subjects of today's notice.\1\
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\1\ For editorial reasons, upon codification in the U.S. Code,
Part B was redesignated Part A.
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Under EPCA, this program consists essentially of four parts: (1)
Testing, (2) labeling, (3) Federal energy and water conservation
standards, and (4) certification and enforcement procedures. The
testing requirements include test procedures that manufacturers of
covered products must use as the basis for (1) certifying to the DOE
that their products comply with applicable energy and water
conservation standards adopted under EPCA and (2) making
representations about the energy or water consumption of those products
on labels and other materials. Similarly, DOE must use these test
procedures to determine whether the products comply with any relevant
standards promulgated under EPCA.
EPCA also includes a water conservation standard and test procedure
for commercial prerinse spray valves, which are also addressed in this
notice. While commercial prerinse spray valves were originally
referenced in Part B of EPCA, DOE noted in a final rule published
October 18, 2005, that placement of commercial prerinse spray valves in
Part B rather than part C of EPCA, which established the Energy
Conservation Program for Certain Commercial and Industrial
Equipment,\2\ was the result of a legislative drafting error, and
subsequently adopted the provisions for commercial prerinse spray
valves into 10 CFR part 431. 70 FR 60407, 60409.
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\2\ For editorial reasons, upon codification in the U.S. Code,
Part C was redesignated Part A-1.
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General Test Procedure Rulemaking Process
In 42 U.S.C. 6293, EPCA sets forth the criteria and procedures DOE
must follow when prescribing or amending test procedures for covered
products. EPCA provides, in relevant part, that any test procedures
prescribed or amended under this section shall be reasonably designed
to produce test results which measure energy efficiency, energy use,
water use (in the case of showerheads, faucets, water closets and
urinals), or estimated annual
[[Page 31744]]
operating cost of a covered product during a representative average use
cycle or period of use and shall not be unduly burdensome to conduct.
(42 U.S.C. 6293(b)(3))
In addition, if DOE determines that a test procedure amendment is
warranted, it must publish proposed test procedures and offer the
public an opportunity to present oral and written comments on them. (42
U.S.C. 6293(b)(2)) Finally, in any rulemaking to amend a test
procedure, DOE must determine to what extent, if any, the proposed test
procedure would alter the measured energy efficiency or energy use, or,
in this case, water use, of any covered product as determined under the
existing test procedure. (42 U.S.C. 6293(e)(1)) If DOE determines that
the amended test procedure would alter the measured water use of a
covered product, DOE must amend the applicable water conservation
standard accordingly. (42 U.S.C. 6293(e)(2))
Effective 180 days after an amended test procedure applicable to a
covered product is prescribed, no manufacturer may make any
representation with respect to water usage of such product unless such
product has been tested in accordance with such amended test procedure
and such representation fairly discloses the results of such testing.
(42 U.S.C. 6293(c)(2)) However, the 180-day period may be extended for
an additional 180 days if the Secretary of Energy (Secretary)
determines that this requirement would impose an undue burden. (42
U.S.C. 6293(c)(3))
II. Summary of the Notice of Proposed Rulemaking
EPCA states that the procedures for testing and measuring the water
use of faucets and showerheads shall be ASME/ANSI Standard A112.18.1M-
1989, ``Plumbing Fixture Fittings,'' for faucets and showerheads, and
ASME/ANSI Standard A112.19.6-1990, ``Hydraulic Requirements for Water
Closets and Urinals,'' for water closets and urinals; EPCA further
specifies that if ASME/ANSI revises these requirements, the Secretary
shall adopt such revisions if they conform to the basic statutory
requirements for test procedures. (42 U.S.C. 6293(b)(7)-(8)) DOE last
amended test procedures for these products in a final rule published in
March 1998 (March 1998 final rule), which incorporated by reference
ASME/ANSI Standard A112.18.1M-1996, ``Plumbing Fixture Fittings,'' for
showerheads and faucets, and ASME/ANSI Standard A112.19.6-1995,
``Hydraulic Performance Requirements for Water Closets and Urinals,''
for water closets and urinals. 63 FR 13308 (March 18, 1998). Since
publication of the March 1998 final rule, ASME/ANSI has revised both
procedures and issued the most recent versions as A112.18.1-2011,
``Plumbing Supply Fittings,'' for showerheads and faucets in June 2011,
and A112.19.2-2008, ``Ceramic Plumbing Fixtures,'' for water closets
and urinals in August 2008.
In today's notice, DOE proposes to amend its existing test
procedures for showerheads, faucets, water closets, and urinals by
adopting, with the exception of certain provisions regarding rounding
of measured values, the most recent versions of the corresponding ASME/
ANSI procedures for measuring the water consumption of these products.
DOE has evaluated these industry procedures and has preliminarily
determined that the revised ASME/ANSI test procedures for showerheads,
faucets, water, closets, and urinals would (1) produce test results
that more accurately measure water use during a representative average
use cycle or period of use; and (2) not be unduly burdensome to
conduct. 42 U.S.C. 6293(b)(1), (3). DOE has also determined that the
adoption of these revised procedures would not alter the measured water
use of these products. DOE's determination that the measured water use
of showerheads, faucets, water closets, and urinals is not altered is
based on an evaluation of the changes to the procedures described in
Section III.A for each of the covered products.
Section 135(b)(1) of EPACT 2005 amended section 323(b) of EPCA (42
U.S.C. 6293(b)) to add subsection (14), which states that test
procedures for measuring the flow rate for commercial prerinse spray
valves ``shall be based on [the] American Society for Testing and
Materials [ASTM] Standard F2324, entitled `Standard Test Method for
Pre-Rinse Spray Valves.' '' In a final rule published on December 8,
2006, DOE incorporated by reference the 2003 version of ASTM Standard
F2324 in 10 CFR 431.263, and established it as the uniform test method
for measurement of the flow rate of commercial prerinse spray valves in
section 431.264. 71 FR 71340.
While commercial prerinse spray valves are included in Part B of
EPCA as consumer products rather than in Part C, which addresses
commercial and industrial equipment, DOE notes that Part C also
contains the same provision regarding periodic review of test
procedures for covered equipment at least once every seven years. 42
U.S.C. 6314(a)(1)(A). To fulfill this statutory requirement, DOE
initiated this rulemaking and proposes in this NOPR to amend its test
procedures for commercial prerinse spray valves. Specifically, DOE
proposes to update its references in DOE's current test procedures to
the latest version of the ASTM Standard by incorporating by reference
ASTM Standard F2324-03 (2009), ``Standard Test Method for Prerinse
Spray Valves.''
The two statutory provisions that address representative test
results and test burden for consumer products, which are discussed in
the previous paragraph, also apply to DOE review of the test procedures
for commercial and industrial equipment. 42 U.S.C. 6314(a)(2). In this
light, DOE has evaluated ASTM F2324-03(2009), ``Standard Test Method
for Prerinse Spray Valves,'' and has preliminarily determined that
these two provisions are met. ASTM F2324-03(2009) does not involve any
substantive amendment to the current DOE test procedure for commercial
prerinse spray valves, which is based on ASTM F2324-03. However, to
reflect the reapproval of the F2324-03 standard by ASME in 2009, DOE is
proposing to incorporate by reference the reapproved version in 10 CFR
431.264.
DOE also proposes to retain the existing descriptors for measures
of maximum permissible water use for water closets, urinals, faucets,
and showerheads currently found in 10 CFR 430.23(s) through 430.23(v)
(gallons or liters per minute or cycle, and gallons or liters per
flush), and to retain the existing water use descriptors (gallons or
liters per minute) for commercial prerinse spray valves in 10 CFR
431.264.
DOE considers the activity initiated by this proposed rule
sufficient to satisfy the statutory requirement that DOE must review
its test procedures for all covered products, including plumbing
products, at least once every 7 years and either amend the applicable
test procedures or publish a determination in the Federal Register not
to amend them. (42 U.S.C. 6293(b)(1)(A) and 42 U.S.C. 6314(a)(1))
III. Discussion
A. Statutory Plumbing Requirements
1. Test Procedures for Showerheads and Faucets
The current test procedures for showerheads and faucets are found
in appendix S of 10 CFR part 430, subpart B, (Appendix S) and require
that tests be conducted in accordance with the test procedure
requirements specified in section 6.5, ``Flow Capacity Test,'' of ASME/
ANSI Standard A112.18.1M-1996. In the revised ASME/ANSI Standard
A112.18.1-2011, the flow
[[Page 31745]]
capacity test has been moved to section 5.4 of that standard, titled
``Flow Rate.'' Minor substantive changes to the flow capacity test
include (1) a requirement that the pressure differential measurement be
within 1 pound per square inch (psi) for faucets and 2 psi for showerheads (not previously specified for either
product), (2) a change in the test procedure temperature range to 5 to
71 [deg]C for faucets (previously 4 to 66 [deg]C) and to 32 to 44
[deg]C for showerheads (previously 4 to 66 [deg]C), (3) a requirement
that a container large enough to hold water collected over a minimum of
1 minute be used when using the time/volume test procedure method for
faucets and showerheads (not previously specified), and (4) a
requirement that flow be maintained during testing for at least 1
minute for showerheads (not previously specified). DOE sees no evidence
that the changes identified in this paragraph will result in a change
in the measured water use of faucets or showerheads, and therefore
proposes to incorporate by reference the applicable section of ASME/
ANSI Standard A112.18.1-2011 for testing showerheads and faucets at
Appendix S.
The existing test procedure language in Appendix S of 10 CFR part
430 also requires, for all faucets and showerheads, that measurements
be recorded at the resolution of the test instrumentation and that
calculations be rounded off to the same number of significant digits as
the previous step. It also requires that the final water consumption
value be rounded to one decimal place for non-metered faucets and for
showerheads, and to two decimal places for metered faucets. DOE
originally introduced these provisions as part of its 1998 final rule
in order to establish uniformity in the calculated results reported in
certifications of compliance. 63 FR at 13310. DOE has not received any
information since that time indicating that these rounding provisions
should be modified, and proposes to retain them without change.
DOE requests comment on these proposed amendments to the existing
test procedures for showerheads and faucets, including provisions
pertaining to representations of water consumption and calculations of
those values.
2. Test Procedures for Water Closets and Urinals
The current test procedure for water closets and urinals is found
in appendix T of 10 CFR part 430, subpart B, (Appendix T) and
incorporates by reference ASME/ANSI Standard A112.19.6-1995. The test
procedure in Appendix T is divided into two sections: ``Test Apparatus
and General Instructions,'' and ``Test Measurement,'' both of which
reference corresponding provisions in A112.19.6-1995. When ASME merged
ASME/ANSI Standard A112.19.6-1995 with ASME/ANSI Standard A112.19.2-
2003 ``Vitreous China Plumbing Fixtures'' to produce ASME/ANSI Standard
A112.19.2-2008, several sections of the water consumption tests for
water closets and urinals that DOE refers to in Appendix T were
renumbered and no longer correspond to the same sections DOE
references.
a. Test Procedure for Water Closets
DOE proposes to amend its regulations to correspond to the changes
that ASME made in the 2008 version of its procedures for water closets.
Specifically, the existing DOE test procedure in Appendix T requires
that the test apparatus and instructions for testing water closets
conform to the requirements specified in section 7.1.2, ``Test
Apparatus and General Instructions,'' subsections 7.1.2.1, 7.1.2.2, and
7.1.2.3, of ASME/ANSI Standard A112.19.6-1995, whereas DOE now proposes
that its test procedure reference ASME/ANSI Standard A112.19.2-2008,
and in particular the sections that specify the requirements for test
apparatus instructions and instructions for testing water closets in
7.1.1, 7.1.2, 7.1.3, and 7.1.4. These sections include minor changes to
the test setup, which are described in the next paragraph.
The existing DOE test procedure requires that the measurement of
the water flush volume of water closets be conducted in accordance with
the test requirements specified in ASME/ANSI Standard A112.19.6-1995,
section 7.1.6, ``Water Consumption and Hydraulic Characteristics.'' In
the updated ASME/ANSI A112.19.2-2008, the test procedure for measuring
the water flush volume of water closets is found in section 7.4,
``Water Consumption Test.'' Dual-flush water closets, which are not
addressed in the 1995 ASME/ANSI procedure or in DOE's current test
procedure, are required under ASME/ANSI A112.19.2-2008 \3\ to meet the
flush volume requirement for low consumption water closets of 1.6
gallons per flush when the full flush volume is activated. Additional
minor updates found in ASME/ANSI A112.19.2-2008 include (1) a required
filter in the apparatus set-up (not previously required), (2) required
receiving vessel calibration in increments of 0.25 liters (0.07
gallons) (decreased from 0.1 gallons), (3) required use of an electric
timer with increments that are accurate within a tenth of a second to
verify that the actuator is held for a maximum of 1 second (not
previously specified), (4) revised static pressure requirements for
flushometer valves with siphonic bowls to 80 psi for one round of tests
and 35 psi for the second two rounds (previously one round of tests at
each of three pressures: 80, 50, and 15 psi) and a similar provision
for flushometer valves with blowout bowls, but at 80 and 45 psi
(previously 80, 50, and 35 psi), and (5) required rounding of the total
flush volume down to the nearest 0.25 liters (0.07 gallons) (not
previously specified). DOE sees no evidence that the changes identified
in this paragraph will result in a change in the measured water use of
water closets, would produce test results that less accurately measure
the water use of water closets during a representative average use
cycle, or would be more burdensome to conduct, and therefore proposes
to incorporate by reference the applicable sections of ASME/ANSI
Standard A112.19.2-2008 for testing water closets into Appendix T,
except the rounding provisions, as discussed in section III.A.2.c.
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\3\ ASME/ANSI A112.19.14-2006, ``Six-Liter Water Closets
Equipped with a Dual Flushing Device,'' requires dual-flush water
closets to meet the requirements of low consumption water closets
when tested in full flush mode in accordance with ASME/ANSI
A112.19.2.
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b. Test Procedure for Urinals
The current DOE test procedure for urinals is also found in
Appendix T and incorporates by reference ASME/ANSI Standard A112.19.6-
1995. The existing DOE test procedure requires that the test apparatus
and instructions for testing urinals conform to the requirements
specified in ASME/ANSI Standard A112.19.6-1995, section 8.2, ``Test
Apparatus and General Instructions,'' subsections 8.2.1, 8.2.2, and
8.2.3. In updated ASME/ANSI Standard A112.19.2-2008, the section that
specifies the requirements for test apparatus instructions and
instructions for testing urinals is 8.2, ``Test Apparatus and General
Instructions,'' which includes subsections 8.2.1, 8.2.2, and 8.2.3. The
existing DOE test procedure requires that the measurement of the water
flush volume of urinals be conducted in accordance with the test
requirements specified in ASME/ANSI A112.19.6-1995, section 8.5,
``Water Consumption.'' In the 2008 version of A112.19.2, these
requirements have been moved to section 8.6, ``Water Consumption
Test.'' Additionally, minor updates to the water consumption test found
in ASME/ANSI A112.19.2-2008 include (1) a
[[Page 31746]]
required filter in the apparatus set-up (not previously specified), (2)
required receiving vessel calibration of 0.25 liters (0.07 gallons)
(decreased from 0.1 gallons), and (3) required rounding of the total
flush volume down to the nearest 0.25 liters (0.07 gallons) (not
previously specified). DOE sees no evidence that the changes identified
in this paragraph will result in a change in the measured water use of
urinals, produce test results that less accurately measure the water
use of urinals during a representative average use cycle, or would be
more burdensome to conduct, and therefore proposes to incorporate by
reference the applicable sections from ASME/ANSI Standard A112.19.2-
2008 for testing urinals into Appendix T, except for the rounding
provision, as discussed in section III.A.2.c.
c. Rounding of Test Results for Water Closets and Urinals
For both urinals and water closets, the existing DOE test procedure
language in Appendix T requires that measurements be recorded at the
resolution of the test instrumentation; that calculations be rounded
off to the same number of significant digits as the previous step; and
that the final water consumption value be rounded to one decimal place
for water closets and for urinals. DOE added these provisions in its
1998 final rule (63 FR 13310-11) and has not received any information
since that time indicating that these rounding provisions should be
modified. However, in order to maintain consistency with the
measurement and calculation methods in the ASME/ANSI A112.19.2-2008
procedure, DOE proposes to amend the rounding provisions in Appendix T
to require that the final value of water consumption for each tested
unit retain the number of significant digits present in the measured
test value. Because EPCA uses gallons as the primary unit of
measurement for assessing compliance with the standards for these
products, the test values for each model would be converted to gallons
after applying the applicable sample statistics in 10 CFR 429.30 or
429.31, and the rated value of water consumption rounded to the nearest
0.01 gallon per flush (or nearest 0.01 liter per flush).
d. Dual-Flush Water Closets
As previously discussed, DOE is proposing to require that dual-
flush water closets be tested according to ANSI/ASME Standard
A112.19.2-2008 to determine their maximum flush volume, as observed in
full flush mode. However, DOE is aware that other testing and reporting
metrics have been developed for these products in order to reflect the
reduction in average water consumption that results from use of the
reduced flow mode. In particular, the Environmental Protection Agency
(EPA) WaterSense program's \4\ specifications for water closets permit
the overall water consumption of dual-flush water closets to be
represented as a weighted average of the flush volumes, in which it is
assumed that two thirds of all flushes will be the reduced flow (see
EPA WaterSense Specification for Tank-Type Toilets version 1.1, section
3.2, available at http://www.epa.gov/WaterSense/docs/revised_het_specification_v1.1_050611_final508.pdf, or DOE Docket Number EERE-
2011-BT-TP-0061, No. 1, p. 1).
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\4\ WaterSense is a voluntary partnership program administered
by the EPA which, among other activities, promotes water
conservation by providing certification and labeling for water
consuming products, including water closets, that meet certain water
conservation standards. Further information is available at http://www.epa.gov/WaterSense/index.html.
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DOE is proposing a test procedure to measure the water use of a
dual-flush water closet over a representative average period of
consumer use (``average representative water use''). DOE may, in a
future rulemaking, consider amendments to the certification provisions
for water closets that could account for the impact of the reduced
flush on the water consumption of dual-flush water closets.
Under the proposed test procedure, the flush volume of the reduced
flush would be measured using section 7.4 of ASME/ANSI Standard
A112.19.2-2008 in the same manner as the full flush, and the average
representative water use would be calculated using the composite
average of two reduced flushes and one full flush.
In order to ensure that DOE has considered all relevant aspects of
this approach, DOE requests comments on (1) its proposal to develop a
test procedure to measure the average representative water use of dual-
flush water closets in general, (2) whether the use of a composite
average of the flush volumes of a dual-flush water closet is
representative of the average water use of these products, and (3)
whether the specific ratio of flush volumes proposed in this notice
(i.e., two reduced flushes and one full flush) is an appropriate
measure of the representative average water use of dual-flush water
closets.
DOE requests comment on these proposed amendments to the existing
test procedures for water closets and urinals, including provisions
pertaining to representations of water consumption and calculations of
those values, and the appropriate means of determining the
representative average water use of dual-flush water closets.
3. Test Procedure for Commercial Prerinse Spray Valves
The current DOE test procedure for commercial prerinse spray valves
is found in section 431.264 of 10 CFR part 431, subpart O, and requires
that the test procedure to determine the water consumption flow rate of
commercial prerinse spray valves be conducted in accordance with the
test requirements specified in sections 4.1 and 4.2 (Summary of Test
Method), 5.1 (Significance and Use), 6.1 through 6.9 (Apparatus) except
6.5, 9.1 through 9.5 (Preparation of Apparatus), 10.1 through 10.2.5
(Procedure), and calculations in accordance with sections 11.1 through
11.3.2 (Calculation and Report) of ASTM F2324-03, ``Standard Test
Method for Prerinse Spray Valves.'' ASTM has not updated the portions
of this ASTM standard that are referenced in the DOE test procedure
since DOE incorporated this standard by reference in the December 2008
final rule. 71 FR 71340. After considering that ASTM reapproved this
standard in 2009 without making any substantive changes, DOE proposes
in this NOPR to amend its current test procedure by incorporating by
reference the most recent version of this standard as ASTM Standard
F2324-03 (2009), ``Standard Test Method for Prerinse Spray Valves.''
The existing DOE test procedure for commercial prerinse spray
valves found at 10 CFR 431.264 requires that measurements be recorded
at the resolution of the test instrumentation; that calculations be
rounded off to the same number of significant digits as in the previous
step; and that the final water consumption value be rounded off to one
decimal place as follows: (1) a fractional number at or above the
midpoint between two consecutive decimal places shall be rounded up to
the higher of the two decimal places, or (2) a fractional number below
the midpoint between two consecutive decimal places shall be rounded
down to the lower of the two decimal places. DOE proposes to retain
these provisions without change.
DOE invites comments on its proposal to retain the existing test
procedure for commercial prerinse spray valves, with incorporation by
reference of the most recent version of the ASTM standard, and is
interested in any views on the suitability of this procedure for
meeting the requirements of EPCA with respect to representativeness of
measurements and test burden.
[[Page 31747]]
4. Design Requirements for Showerheads
In addition to the water consumption standards that were
promulgated by EPCA for showerheads, the statute includes a provision
that showerheads must also meet the requirements of section 7.4.3(a) of
ASME/ANSI A112.18.1M-1989, which requires that if a flow control insert
is used as a component of a showerhead, the showerhead must be
manufactured such that a pushing or pulling force of 8 pounds (8 lbf.)
or more is required to remove the insert. DOE subsequently adopted this
provision in 10 CFR 430.32(p).
In the March 1998 final rule that adopted ASME/ANSI A112.18.1M-1996
as the test procedure for showerheads and faucets, DOE amended the text
in section 430.32(p) to reflect that the aforementioned provision of
the ASME/ANSI standard had been moved to section 7.4.4(a). 63 FR 13309-
10. This provision was retained in the updated A112.18.1-2011, but has
been moved to section 4.11.1 of that standard. Additionally, the
language for this provision in the 2011 version of the ASME standard
has changed slightly from the 1996 version in that the force required
to remove the flow-restricting insert is no longer referred to
specifically as a ``pushing or pulling'' force, but rather, is
described only as a force of 36 Newtons (N) (8.0 lbf) or more, where
the Newton measurement represents a conversion of the original lbf
measurement to the International System of Units (SI, or metric units)
after rounding to a whole number. Since the amount of force expressed
in inch/pound units has not changed, DOE does not view this as a
substantive change in the industry requirement and proposes to
incorporate the text of this provision from ASME/ANSI Standard
A112.18.2-2011 at section 430.32(p) of 10 CFR part 430 as a direct
replacement of the existing provision. However, for the purposes of
compliance with Federal standards, DOE proposes to retain the 8 lbf
metric as the applicable standard in order to maintain consistency with
the original statutory provision in 42 U.S.C. 6295(j), which references
the 8 lbf requirement as described in the first paragraph of this
section. Thus, the proposed text lists 8 lbf as the primary measure,
with the equivalent 36 N included as a secondary metric for reference
purposes.
While DOE is not proposing any change to this design requirement,
DOE notes that no specific test procedure exists in ASME Standard
A112.18.1-2011, or in any previous version of that standard, for
verifying that a flow-restricting insert remains mechanically retained
when subjected to a force of 8 lbs. DOE searched for a more general
test method for assessing a pulling or pushing force of this type and
was unable to identify any standardized method for this purpose. One of
the testing organizations DOE contacted did provide information about
the types of test configurations and equipment it typically uses for
assessing compliance with this requirement during the compliance tests
for showerheads, which generally apply either a pushing or pulling
force that is measured using a calibrated force meter. However, since
the design configuration of flow-restricting inserts varies among
models, a standardized method based upon the setups currently used by
test laboratories may not be useful in all cases, particularly if a
flow-restricting insert is a threaded screw-in type, wherein a torque
would be required to remove it as opposed to a pulling or pushing
force. Other flow-restricting inserts are secured to the inlet of the
showerhead with a retainer or plastic plate that requires the testing
laboratory to adapt its test depending on the specific location of the
flow-restricting insert and retainer.
In the absence of any publicly available standard test method, and
with limited information about how variation in the designs of flow-
restricting inserts may complicate the development of a standardized
method, DOE is unable at this time to propose, for inclusion in the
test procedure for showerheads, a specific method of verifying the
force required to remove a flow-restricting insert. However, since the
adoption of a standardized approach would enable manufacturers to more
effectively demonstrate compliance with this provision in the case of a
challenge and would enable DOE or others to independently verify
compliance in a standardized manner, DOE is interested in receiving
comments and information on prospective methods for verifying that the
8 lbf requirement in section 4.11.1 of ASME/ANSI Standard A112.18.1-
2011 has been met. DOE is also interested in comments and information
on showerhead designs that may complicate verification of this
provision or make it unnecessary. Based upon information received, DOE
may consider proposing a test method as part of a supplemental notice
of proposed rulemaking.
5. Definitions
To address certain provisions of the revised ASME/ANSI procedures
that were not contemplated in the versions referenced by the existing
DOE test procedure, and to establish greater clarity with respect to
product coverage, DOE proposes to adopt new definitions for the terms
``accessory,'' ``body spray,'' and ``fitting,'' based on the
definitions for these components in ASME/ANSI Standard A112.18.1-2011,
and a definition for ``dual-flush water closet'' from ASME/ANSI
Standard A112.19.2-2008, all of which would be incorporated into 10 CFR
part 430, section 430.2. DOE also proposes a definition for ``hand-held
showerhead,'' which is not found in ASME/ANSI A112.18.1-2011, but was
derived from the description of these products found in the WaterSense
Specification for Showerheads, Version 1.0, developed by the EPA (See
http://www.epa.gov/WaterSense/docs/showerheads_finalspec508.pdf, or
DOE Docket Number EERE-2011-BT-TP-0061, No. 2, p. 1). Finally, DOE
proposes an amendment to the existing definition of ``showerhead''
currently found in 10 CFR 430.2. The proposed definition is based upon
the definition for showerhead included in ASME/ANSI A112.18.1-2011, but
has been modified to more clearly define the extent of DOE's coverage
of these products, and to specifically state that safety shower
showerheads are not covered products, that hand-held showerheads are
covered, and that DOE considers a body spray to be a showerhead for the
purposes of regulatory coverage.
DOE also notes that the proposed application of the terms
``fitting'' and ``accessory'' to showerheads, specifically within the
context of their coverage under DOE standards, may diverge slightly
from previous use of these terms in other DOE documents addressing
these products. DOE is proposing to adopt definitions for fitting and
accessory, and a definition of showerhead that uses these terms, in
order to more closely align the regulatory terminology with that of the
industry standards upon which the DOE test procedure and water
conservation standards are based, and to ensure that the meanings of
these terms are consistent as applied to the products covered by DOE
standards.
All components that are defined as an ``accessory'' (or a combined
set of accessories) to a supply fitting represent a single covered
product that must meet the DOE standard. Any components that are part
of the ``fitting'' that is supplying water to an accessory, such as a
valve (or valves) and connected piping, are not part of the covered
product. Because the applicable water conservation
[[Page 31748]]
standard applies to a basic model of a covered product as distributed
in commerce, individual basic models that are packaged and sold, or
otherwise distributed in commerce, separately and installed into a
system by the purchaser would be subject to the standard individually,
not as an installed system. In contrast, a system of spraying
components that is packaged and/or distributed in commerce as a single
``accessory'' or a single set of ``accessories,'' designed to be
attached to a single fitting, would be defined as a single showerhead
and would be subject to the 2.5 gallon per minute (gpm) standard
assigned to these products under 42 U.S.C. 6295(j).
DOE invites comments on its proposal to adopt definitions for
``accessory,'' ``body spray,'' ``hand-held showerhead,'' ``fitting,''
and ``dual-flush water closet,'' and to amend the definition of
``showerhead'' as shown in the proposed regulatory text at the end of
this notice.
B. Supplementary Plumbing Requirements
1. Definition of a Basic Model
DOE defines a ``basic model'' as it applies to showerheads,
faucets, water closets, and urinals in 10 CFR 430.2, and it defines
``basic model'' as it applies to commercial prerinse spray valves in
section 431.262. With respect to the definitions of ``basic model'' as
they apply to showerheads, faucets, and commercial prerinse spray
valves, DOE has received no information since the adoption of these
definitions indicating that a revision is necessary, and does not
propose any revisions to these definitions in this proposed rule.
With respect to water closets and urinals, DOE has received
information indicating that confusion may exist among manufacturers
regarding how to properly apply the concept of a basic model to certain
types of water closets and urinals. More specifically, in the case of
flushometer valve water closets and urinals,\5\ and certain gravity
tank water closets in which the tank and flushing device are concealed
within the wall rather than attached directly to the bowl, DOE has been
made aware that the water consumption of a given model of bowl for a
water closet or urinal can be directly affected by the specific
flushometer valve or tank-type flushing device that is paired with that
bowl. This has complicated the process of testing, reporting, and
labeling water closets and urinals under the existing DOE compliance,
certification, and enforcement provisions due to the various
combinations of valves and/or tanks from different manufacturers that
could be paired with a given bowl.
---------------------------------------------------------------------------
\5\ The term ``flushometer'' refers generally to a type of valve
that operates water closets and urinals without the use of a tank by
relying principally on pressurized water to provide the flushing
action. Flushometers are most commonly used in public restroom
facilities.
---------------------------------------------------------------------------
DOE proposes to retain the existing definitions of a basic model of
water closet and basic model of urinal, but emphasizes that the manner
in which individual models may be grouped together as basic models for
the purposes of reporting water consumption in accordance with 10 CFR
429.12 should be based upon the maximum flow for a given bowl (or
urinal body) and the valve or tank with which it is designed to
operate. In other words, by certifying a given pairing of water closet
bowl and valve (or tank) or urinal body and valve as a basic model
under the existing certification and compliance framework, the
manufacturer would be certifying that the pairing on which that basic
model's rating is based is the maximum flush volume that model of water
closet bowl or urinal body is designed to provide, and that it could
not be paired with a flushing device or tank that would provide a
higher flush volume and still function properly.
Under the compliance certification framework described in the
previous paragraph, a manufacturer would be permitted to represent the
rated flush volume of a particular model of water closet bowl or urinal
body using a representative model of flushometer valve or gravity tank
that provides a flush volume at this maximum level, regardless of any
other such pairings that may be possible using valves or tanks from
other manufacturers. Since, by design, none of the individual models of
that basic model of water closet or urinal could operate using a
flushing device providing a higher volume, the pairing upon which the
certification is based, as well as all other pairings, would be
compliant with the applicable water consumption standard. In addition,
manufacturers are permitted under the certification provisions of 10
CFR part 429 to rate products conservatively at the maximum flush
volume, even if certain combinations of bowls and flushing devices
consume less water per flush than the maximum volume permitted by the
relevant water consumption standard. Note, however, that if a
manufacturer wishes to make representations of the water consumption of
a given pairing that provides a lower volume flush than the maximum
design volume, such as on product labels or in advertising or marketing
materials, that particular pairing must be certified as a separate
basic model and rated at the specific flush volume that the
manufacturer intends to use in representations.
As a theoretical example of this method, a manufacturer wishes to
certify a particular model of flushometer water closet, referred to
here as ``model A.'' This model is designed to operate using
flushometer valves that provide a volume as high as 1.6 gallons per
flush (the Federal standard), and as low as 1.28 gallons per flush (the
EPA WaterSense standard). There are many available flushometer valves
that meet these requirements, but the manufacturer has tested model A
with two flushometer valves: model 1, which operates at 1.6 gallons per
flush, and model 2, which operates at 1.28 gallons per flush. The
individual model pairings are identified as models A1 and A2,
respectively. If the manufacturer is not concerned about labeling this
model at any rating less than the Federal standard, then it is
permissible to rate the model using valve model 1, and certify model A
at 1.6 gallons per flush. To indicate that the basic model can use
multiple flush valves, under this model numbering convention it could
be certified as basic model A*, with the asterisk as a placeholder
value to allow for other valve models. However, if the manufacturer
wishes to label a version of model A as meeting the 1.28 gallon per
flush standard, the combination that provides that rating must be
certified separately as basic model A2.
DOE invites comments on this interpretation of the current
definition of a basic model of water closet and urinal, and any other
factors that DOE should consider in clarifying the definition of basic
model and how manufacturers may group models and rate their water
consumption.
2. Statistical Sampling Plans for Certification
The statistical sampling plans required for determining the rated
values of water consumption for faucets, showerheads, water closets,
urinals, and commercial prerinse spray valves are specified in sections
429.28, 429.29, 429.30, 429.31, and 429.51, respectively, of 10 CFR
part 429. While DOE is not proposing to change these provisions in
today's NOPR, DOE is interested in receiving comments on all elements
of these provisions, including the confidence limits and potential
revisions to the respective sampling plans that might better reflect
the level of repeatability and reproducibility that is achievable for
each test, and the
[[Page 31749]]
variability in measured water consumption that is inherent for each
product.
3. Information To Be Provided in Certification Reports
10 CFR part 429 describes the information that manufacturers are
required to supply to DOE to certify that covered products comply with
energy and water conservation standards. Section 429.12 lists the
information that manufacturers are required to report for all products,
and specific requirements for plumbing products are identified in
section 429.28 (for faucets), section 429.29 (for showerheads), section
429.30 (for water closets), section 429.31 (for urinals), and section
429.51 (for commercial prerinse spray valves). DOE proposes to retain
the existing reporting requirements for all five product types. DOE
proposes to move the rounding provision for the rated value of water
consumption for all five product types from the applicable test
procedures to part 429 to clarify that rounding of the final rated
value of water consumption for a basic model should occur after
application of the sampling statistics.
IV. Procedural Issues and Regulatory Review
A. Review Under Executive Order 12866
The Office of Management and Budget (OMB) has determined that test
procedure rulemakings do not constitute ``significant regulatory
actions'' under section 3(f) of Executive Order 12866, ``Regulatory
Planning and Review,'' 58 FR 51735 (Oct. 4, 1993). Accordingly, this
proposed action was not subject to review under the Executive Order by
the Office of Information and Regulatory Affairs (OIRA) in the OMB.
B. Review Under the Regulatory Flexibility Act
The Regulatory Flexibility Act (5 U.S.C. 601 et seq.) requires
preparation of an initial regulatory flexibility analysis (IRFA) for
any proposed rule, unless the agency certifies that the rule, if
promulgated, will not have a significant economic impact on a
substantial number of small entities. As required by Executive Order
13272, ``Proper Consideration of Small Entities in Agency Rulemaking,''
67 FR 53461 (August 16, 2002), DOE published procedures and policies on
February 19, 2003, so that the potential impacts of its rules on small
entities are properly considered during the rulemaking process. 68 FR
7990 (February 12, 2003). DOE has made its procedures and policies
available on the Office of the General Counsel's Web site at http://www.gc.doe.gov/gc/office-general-counsel.
DOE reviewed the proposed rule to amend the test procedures for
plumbing equipment including showerheads, faucets, water closets,
urinals and commercial prerinse spray valves under the provisions of
the Regulatory Flexibility Act and the procedures and policies
published on February 19, 2003. DOE certifies that the proposed rule,
if adopted, would not result in significant economic impacts on small
entities. The factual basis for this certification is set forth in the
following paragraphs.
For the plumbing equipment manufacturing industry, the Small
Business Administration (SBA) has set a size threshold, which defines
those entities classified as ``small businesses'' for the purpose of
the statute. DOE used the SBA's size standards to determine whether any
small entities would be required to comply with the rule. The size
standards are codified at 13 CFR part 121. The standards are listed by
North American Industry Classification System (NAICS) code and industry
description and are available at www.sba.gov/idc/groups/public/documents/sba_homepage/serv_sstd_tablepdf.pdf. Plumbing equipment
manufacturers are classified under NAICS 332913, ``Plumbing Fixture
Fitting and Trim Manufacturing,'' and NAICS 327111, ``Vitreous China
Plumbing Fixture and China and Earthenware Bathroom Accessories
Manufacturing.'' The SBA sets a threshold of 500 employees or less for
NAICS 332913, and 750 employees or less for NAICS 327111, for an entity
to be considered a small business within these categories.
DOE conducted a focused inquiry into small business manufacturers
of products covered by this rulemaking. During its market survey, DOE
used all available public information to identify potential small
manufacturers. DOE's research involved the review of industry trade
association membership directories (including the American Society of
Plumbing Engineers), product databases (e.g., Federal Trade Commission
(FTC), the Thomas Register, California Energy Commission (CEC), and
ENERGY STAR databases), individual company Web sites, and marketing
research tools (e.g., Dun and Bradstreet reports, Manta) to create a
list of companies that manufacture or sell plumbing products covered by
this rulemaking. Using these sources, DOE identified 83 manufacturers
of showerheads, faucets, water closets, urinals and commercial prerinse
spray valves.
DOE then reviewed this data to determine whether the entities met
the SBA's definition of a small business manufacturer of covered
plumbing products and screened out companies that do not offer products
covered by this rulemaking, do not meet the definition of a ``small
business,'' or are foreign owned and operated. Based on this review,
DOE has identified 48 manufacturers that would be considered small
businesses. Through this analysis, DOE determined the expected impacts
of the rule on affected small businesses and whether an IRFA was needed
(i.e., whether DOE could certify that this rulemaking would not have a
significant economic impact on a substantial number of small entities).
Table 1 stratifies the small businesses according to their number
of employees. The smallest company has 4 employees and the largest
company 375 employees. The majority of the small businesses affected by
this rulemaking (88 percent) have fewer than 100 employees. Annual
revenues associated with these small manufacturers were estimated at
$492.5 million ($10.3 million average annual sales per small
manufacturer). According to DOE's analysis, small entities comprise 58
percent of the entire plumbing equipment manufacturing industry covered
by the proposed rule.
Small Business Size by Number of Employees
----------------------------------------------------------------------------------------------------------------
Number of Percentage of
Number of employees small small Cumulative
businesses businesses percentage
----------------------------------------------------------------------------------------------------------------
1-10............................................................ 8 16.7 16.7
11-20........................................................... 10 20.8 37.5
21-30........................................................... 3 6.3 43.8
31-40........................................................... 11 22.9 66.7
[[Page 31750]]
41-50........................................................... 3 6.3 72.9
51-60........................................................... 1 2.1 75.0
61-70........................................................... 0 0.0 75.0
71-80........................................................... 5 10.4 85.4
81-90........................................................... 0 0.0 85.4
91-100.......................................................... 1 2.1 87.5
101-110......................................................... 0 0.0 87.5
111-120......................................................... 0 0.0 87.5
121-130......................................................... 0 0.0 87.5
131-140......................................................... 0 0.0 87.5
141-150......................................................... 0 0.0 87.5
151-200......................................................... 2 4.2 91.7
201-300......................................................... 2 4.2 95.8
301-400......................................................... 2 4.2 100.0
401-500......................................................... 0 0.0 100.0
-----------------------------------------------
Total....................................................... 48 .............. ..............
----------------------------------------------------------------------------------------------------------------
As noted in the Summary and Background sections of this NOPR, EPCA
requires that DOE review its test procedures for covered products at
least once every seven years and to amend them if the Secretary
determines that to do so would provide test procedures that would more
accurately or completely measure water use and that are not unduly
burdensome to conduct. (See 42 U.S.C. 6293(b)(1)) To comply with EPCA,
this rule proposes to incorporate amendments to ASME/ANSI test
procedures, which have been updated for faucets, showerheads, water
closets and urinals. Additionally, EPCA prescribes use of the ASTM
Standard F2324 for commercial prerinse spray valves, which is a product
that is also covered in this rulemaking.
Showerheads and Faucets
DOE is proposing to update its testing procedures for showerheads
and faucets by incorporating by reference AMSE/ANSI Standard A112.18.1-
2011. These proposed changes involve minor adjustments in test
methodology, such as changes in temperatures and inclusion of
instrument tolerances that were not previously specified, none of which
would require any additional equipment and are not expected to lengthen
the time required to complete the test. Because there are no major
changes in testing procedures, calculation methodology or certification
requirements associated with this proposal, DOE has tentatively
determined there would be no incremental cost burden to small entities
associated with this change.
Water Closets and Urinals
DOE is proposing to update its water closet and urinal test
procedures from those set forth in ASME/ANSI A112.19.6-1995 to comply
with ASME/ANSI A112.19.6-2008. The proposed changes involve minor
adjustments in test setup, the specification of certain instrumentation
tolerances, and minor adjustment to test pressures, none of which would
require additional equipment or lengthen the time required to complete
the test. Because there are no major changes in testing procedures or
requirements for these products, DOE proposes to incorporate this
change by reference. The changes proposed in this rule would not alter
current testing procedures, calculation methodologies or enforcement.
Therefore, DOE has tentatively concluded there would be no incremental
cost burden to small manufacturers associated with the non-substantive
changes in this proposed rule.
Commercial Prerinse Spray Valves
DOE currently requires that commercial prerinse spray valves be
tested according to the ASTM Standard Test Method for Prerinse Spray
Valves (ASTM F2324-03). This proposed rule would not make any
alterations to this test, as it has not been updated since the 2003
version that DOE incorporated in the Code of Federal Regulations. 70 FR
60407 (October 18, 2005). Thus, DOE determines there would be no
incremental cost burden to manufacturers of commercial prerinse spray
valves associated with this proposed rule.
As indicated previously, DOE has analyzed the manufacturing
industry for showerheads, faucets, water closets, urinals and
commercial prerinse spray valves and has determined that 58 percent of
all plumbing equipment manufacturers could be classified as small
entities according to the SBA classification. Although 58 percent of
the market is a significant portion of the overall industry, these
manufacturers would not be significantly affected by this rule because
there would be no incremental costs to any entity due to its
implementation. In the absence of potential cost impacts, the proposed
rule by definition would not have disproportionate effects on small
businesses.
Based on the criteria outlined in the preceding paragraph, DOE has
tentatively concluded that the proposed testing procedure amendments
would not have a ``significant economic impact on a substantial number
of small entities,'' and the preparation of an IRFA is not warranted.
DOE will transmit the certification and supporting statement of factual
basis to the Chief Counsel for Advocacy of the Small Business
Administration for review under 5 U.S.C. 605(b).
DOE seeks comment on its tentative conclusion that the proposed
test procedure changes will not have a significant impact on a
substantial number of small entities.
C. Review Under the Paperwork Reduction Act of 1995
Manufacturers of showerheads, faucets, water closets, urinals, and
commercial prerinse spray valves must certify to DOE that their
products comply with any applicable water conservation standards. In
certifying compliance, manufacturers must test
[[Page 31751]]
their products according to the DOE test procedures for showerheads,
faucets, water closets, urinals, and commercial prerinse spray valves,
including any amendments adopted for those test procedures. DOE has
established regulations for the certification and recordkeeping
requirements for all covered consumer products and commercial
equipment, including showerheads, faucets, water closets, urinals, and
commercial prerinse spray valves. 76 FR 12422 (March 7, 2011). The
collection-of-information requirement for the certification and
recordkeeping is subject to review and approval by OMB under the
Paperwork Reduction Act (PRA). This requirement has been approved by
OMB under OMB control number 1910-1400. Public reporting burden for the
certification is estimated to average 20 hours per response, including
the time for reviewing instructions, searching existing data sources,
gathering and maintaining the data needed, and completing and reviewing
the collection of information.
Notwithstanding any other provision of the law, no person is
required to respond to, nor shall any person be subject to a penalty
for failure to comply with, a collection of information subject to the
requirements of the PRA, unless that collection of information displays
a currently valid OMB Control Number.
D. Review Under the National Environmental Policy Act of 1969
In this notice, DOE proposes to amend its test procedure for
showerheads, faucets, water closets, and urinals to improve the ability
of DOE's procedures to more accurately account for the water
consumption of these products. DOE has determined that this rule falls
into a class of actions that are categorically excluded from review
under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et
seq.) and DOE's implementing regulations at 10 CFR part 1021.
Specifically, this rule amends an existing rule without changing its
environmental effect, and, therefore, is covered by the Categorical
Exclusion in 10 CFR part 1021, subpart D, paragraph A5. The exclusion
applies because this rule would establish revisions to existing test
procedures that would not affect the amount, quality, or distribution
of energy usage, and, therefore, would not result in any environmental
impacts. Accordingly, neither an environmental assessment nor an
environmental impact statement is required.
E. Review Under Executive Order 13132
Executive Order 13132, ``Federalism,'' imposes certain requirements
on agencies formulating and implementing policies or regulations that
preempt State law or that have Federalism implications. 64 FR 43255
(August 10, 1999). The Executive Order requires agencies to examine the
constitutional and statutory authority supporting any action that would
limit the policymaking discretion of the States and to carefully assess
the necessity for such actions. The Executive Order also requires
agencies to have an accountable process to ensure meaningful and timely
input by State and local officials in the development of regulatory
policies that have Federalism implications. On March 14, 2000, DOE
published a statement of policy describing the intergovernmental
consultation process that it will follow in developing such
regulations. 65 FR 13735. DOE examined this proposed rule and
determined that it would not have a substantial direct effect on the
States, on the relationship between the national government and the
States, or on the distribution of power and responsibilities among the
various levels of government. EPCA governs and prescribes Federal
preemption of State regulations as to energy conservation for the
products that are the subject of this proposed rule. States can
petition DOE for exemption from such preemption to the extent, and
based on criteria, set forth in EPCA. (42 U.S.C. 6297) No further
action is required by Executive Order 13132.
F. Review Under Executive Order 12988
Regarding the review of existing regulations and the promulgation
of new regulations, section 3(a) of Executive Order 12988, ``Civil
Justice Reform,'' imposes on Federal agencies the general duty to
adhere to the following requirements: (1) Eliminate drafting errors and
ambiguity; (2) write regulations to minimize litigation; (3) provide a
clear legal standard for affected conduct rather than a general
standard; and (4) promote simplification and burden reduction. 61 FR
4729 (Feb. 7, 1996). Section 3(b) of Executive Order 12988 specifically
requires that Executive agencies make every reasonable effort to ensure
that the regulation specifies the following: (1) the preemptive effect,
if any; (2) any effect on existing Federal law or regulation; (3) a
clear legal standard for affected conduct while promoting
simplification and burden reduction; (4) the retroactive effect, if
any; (5) definitions of key terms; and (6) other important issues
affecting clarity and general draftsmanship under any guidelines issued
by the Attorney General. Section 3(c) of Executive Order 12988 requires
Executive agencies to review regulations in light of applicable
standards in sections 3(a) and 3(b) to determine whether they are met
or whether it is unreasonable to meet one or more of them. DOE has
completed the required review and determined that, to the extent
permitted by law, this proposed rule meets the relevant standards of
Executive Order 12988.
G. Review Under the Unfunded Mandates Reform Act of 1995
Title II of the Unfunded Mandates Reform Act of 1995 (UMRA) (Pub.
L. 104-4; 2 U.S.C. 1501 et seq.) requires each Federal agency to assess
the effects of Federal regulatory actions on State, local, and Tribal
governments and the private sector. For a proposed regulatory action
likely to result in a rule that may cause the expenditure by State,
local, and Tribal governments, in the aggregate, or by the private
sector of $100 million or more in any one year (adjusted annually for
inflation), section 202 of UMRA requires a Federal agency to publish
estimates of the resulting costs, benefits, and other effects on the
national economy. (2 U.S.C. 1532(a)-(b)) UMRA also requires a Federal
agency to develop an effective process to permit timely input by
elected officers of State, local, and Tribal governments on a proposed
``significant intergovernmental mandate,'' and requires an agency plan
for giving notice and opportunity for timely input to potentially
affected small governments before establishing any requirements that
might significantly or uniquely affect such governments. On March 18,
1997, DOE published a statement of policy on its process for
intergovernmental consultation under UMRA. 62 FR 12820. (The policy is
also available at http://www.gc.doe.gov/gc/office-general-counsel.)
This proposed rule contains neither an intergovernmental mandate nor a
mandate that may result in an expenditure of $100 million or more in
any year, so these requirements do not apply.
H. Review Under the Treasury and General Government Appropriations Act,
1999
Section 654 of the Treasury and General Government Appropriations
Act, 1999 (Pub. L. 105-277) requires Federal agencies to issue a Family
Policymaking Assessment for any rule that may affect family well-being.
This proposed rule would not have any impact on the autonomy or
integrity of
[[Page 31752]]
the family as an institution. Accordingly, DOE has concluded that it is
not necessary to prepare a Family Policymaking Assessment.
I. Review Under Executive Order 12630
DOE has determined, under Executive Order 12630, ``Governmental
Actions and Interference with Constitutionally Protected Property
Rights,'' 53 FR 8859 (March 18, 1988), that this proposed regulation
would not result in any takings that might require compensation under
the Fifth Amendment to the U.S. Constitution.
J. Review Under the Treasury and General Government Appropriations Act,
2001
Section 515 of the Treasury and General Government Appropriations
Act, 2001 (44 U.S.C. 3516 note) provides for agencies to review most
disseminations of information to the public under guidelines
established by each agency pursuant to general guidelines issued by
OMB. OMB's guidelines were published at 67 FR 8452 (Feb. 22, 2002), and
DOE's guidelines were published at 67 FR 62446 (Oct. 7, 2002). DOE has
reviewed this proposed rule under OMB and DOE guidelines and has
concluded that it is consistent with applicable policies in those
guidelines.
K. Review Under Executive Order 13211
Executive Order 13211, ``Actions Concerning Regulations That
Significantly Affect Energy Supply, Distribution, or Use,'' 66 FR 28355
(May 22, 2001), requires Federal agencies to prepare and submit to the
Office of Information and Regulatory Affairs (OIRA) a Statement of
Energy Effects for any proposed significant energy action. A
``significant energy action'' is defined as any action by an agency
that promulgates or is expected to lead to promulgation of a final rule
and that (1) is a significant regulatory action under Executive Order
12866, or any successor order; and (2) is likely to have a significant
adverse effect on the supply, distribution, or use of energy; or (3) is
designated by the Administrator of OIRA as a significant energy action.
For any proposed significant energy action, the agency must give a
detailed statement of any adverse effects on energy supply,
distribution, or use if the proposal is implemented, and of reasonable
alternatives to the action and their expected benefits on energy
supply, distribution, and use.
This proposed regulatory action to amend the test procedures for
measuring the water consumption of showerheads, faucets, water closets,
and urinals is not a significant regulatory action under Executive
Order 12866. It has likewise not been designated as a significant
energy action by the Administrator of OIRA. Moreover, it would not have
a significant adverse effect on the supply, distribution, or use of
energy. Therefore, it is not a significant energy action, and,
accordingly, DOE has not prepared a Statement of Energy Effects.
L. Review Under Section 32 of the Federal Energy Administration Act of
1974
Under section 301 of the DOE Organization Act (Pub. L. 95-91; 42
U.S.C. 7101 et seq.), DOE must comply with section 32 of the Federal
Energy Administration Act of 1974, as amended by the Federal Energy
Administration Authorization Act of 1977 (FEAA). (15 U.S.C. 788)
Section 32 essentially provides in part that, where a proposed rule
authorizes or requires use of commercial standards, the rulemaking must
inform the public of the use and background of such standards. In
addition, section 32(c) requires DOE to consult with the U.S. Attorney
General (Attorney General) and the Chairman of the Federal Trade
Commission (FTC) concerning the impact of the commercial or industry
standards on competition.
The proposed modifications to the test procedures addressed by this
proposed action incorporate testing methods contained in section 5.4 of
commercial standard ASME/ANSI Standard A112.18.1-2011 and sections
7.1.1, 7.1.2, 7.1.3, 7.1.4, 7.4, 8.2.1, 8.2.2, 8.2.3, and 8.6 of
commercial standard ASME/ANSI Standard A112.19.2-2008. DOE has
evaluated these standards and is unable to conclude whether they fully
comply with the requirements of section 32(b) of the FEAA (i.e.,
whether they were developed in a manner that fully provides for public
participation, comment, and review.) DOE will consult with the Attorney
General and the Chairman of the FTC about the impact on competition of
using the methods contained in these standards, before prescribing a
final rule.
V. Public Participation
A. Attendance at the Public Meeting
The time, date and location of the public meeting are listed in the
DATES and ADDRESSES sections of this document. If you plan to attend
the public meeting, please notify Ms. Brenda Edwards at (202) 586-2945
or [email protected]. As explained in the ADDRESSES section,
foreign nationals visiting DOE Headquarters are subject to advance
security screening procedures.
In addition, you can attend the public meeting via webinar. To
participate via webinar, participants must notify DOE no later than
Tuesday, July 17, 2012. Webinar registration information, participant
instructions, and information about the capabilities available to
webinar participants will be published on the following Web site:
https://www1.gotomeeting.com/register/878216768. Participants are
responsible for ensuring their systems are compatible with the webinar
software.
B. Procedure for Submitting Requests To Speak
Any person who has plans to present a prepared general statement
may request that copies of his or her statement be made available at
the public meeting. Such persons may submit requests, along with an
advance electronic copy of their statement in PDF (preferred),
Microsoft Word or Excel, WordPerfect, or text (ASCII) file format, to
the appropriate address shown in the ADDRESSES section of this proposed
rule. The request and advance copy of statements must be received at
least one week before the public meeting and may be emailed, hand-
delivered, or sent by mail. DOE prefers to receive requests and advance
copies via email. Please include a telephone number to enable DOE staff
to make a follow-up contact, if needed.
C. Conduct of Public Meeting
DOE will designate a DOE official to preside at the public meeting
and may also use a professional facilitator to aid discussion. The
meeting will not be a judicial or evidentiary-type public hearing, but
DOE will conduct it in accordance with section 336 of EPCA (42 U.S.C.
6306). A court reporter will be present to record the proceedings and
prepare a transcript. DOE reserves the right to schedule the order of
presentations and to establish the procedures governing the conduct of
the public meeting. After the public meeting, interested parties may
submit further comments on the proceedings as well as on any aspect of
the rulemaking until the end of the comment period.
The public meeting will be conducted in an informal, conference
style. DOE will present summaries of comments received before the
public meeting, allow time for prepared general statements by
participants, and encourage all interested parties to share their views
on issues affecting this rulemaking. Each participant will be allowed
to make a general statement (within time limits determined by DOE)
[[Page 31753]]
before the discussion of specific topics. DOE will permit, as time
permits, other participants to comment briefly on any general
statements.
At the end of all prepared statements on a topic, DOE will permit
participants to clarify their statements briefly and comment on
statements made by others. Participants should be prepared to answer
questions by DOE and by other participants concerning these issues. DOE
representatives may also ask questions of participants concerning other
matters relevant to this rulemaking. The official conducting the public
meeting will accept additional comments or questions from those
attending, as time permits. The presiding official will announce any
further procedural rules or modification of the procedures discussed in
this section that may be needed for the proper conduct of the public
meeting.
A transcript of the public meeting will be included in the docket,
which can be viewed as described in the Docket section at the beginning
of this notice. In addition, any person may buy a copy of the
transcript from the transcribing reporter.
D. Submission of Comments
DOE will accept comments, data, and information regarding this
proposed rule before or after the public meeting, but no later than the
date provided in the DATES section of this proposed rule. Interested
parties may submit comments using any of the methods described in the
ADDRESSES section of this proposed rule.
Submitting comments via regulations.gov. The regulations.gov Web
page will require you to provide your name and contact information.
Your contact information will be viewable to DOE Building Technologies
staff only. Your contact information will not be publicly viewable
except for your first and last names, organization name (if any), and
submitter representative name (if any). If your comment is not
processed properly because of technical difficulties, DOE will use this
information to contact you. If DOE cannot read your comment due to
technical difficulties and cannot contact you for clarification, DOE
may not be able to consider your comment.
However, your contact information will be publicly viewable if you
include it in the comment or in any documents attached to your comment.
Any information that you do not want to be publicly viewable should not
be included in your comment or in any document attached to your
comment. Persons viewing comments will see only first and last names,
organization names, correspondence containing comments, and any
documents submitted with the comments.
Do not submit to regulations.gov information for which disclosure
is restricted by statute, such as trade secrets and commercial or
financial information (hereinafter referred to as Confidential Business
Information (CBI)). Comments submitted through regulations.gov cannot
be claimed as CBI. Comments received through the Web site will waive
any CBI claims for the information submitted. For information on
submitting CBI, see the ``Confidential Business Information'' section.
DOE processes submissions made through regulations.gov before
posting. Normally, comments will be posted within a few days of being
submitted. However, if large volumes of comments are being processed
simultaneously, your comment may not be viewable for up to several
weeks. Please keep the comment tracking number that regulations.gov
provides after you have successfully uploaded your comment.
Submitting comments via email, hand delivery, or mail. Comments and
documents submitted via email, hand delivery, or mail also will be
posted to regulations.gov. If you do not want your personal contact
information to be publicly viewable, do not include it in your comment
or any accompanying documents. Instead, provide your contact
information on a cover letter. Include your first and last names, email
address, telephone number, and optional mailing address. The cover
letter will not be publicly viewable as long as it does not include any
comments.
Include contact information each time you submit comments, data,
documents, and other information to DOE. If you submit via mail or hand
delivery, please provide all items on a CD, if feasible. It is not
necessary to submit printed copies. No facsimiles (faxes) will be
accepted.
Comments, data, and other information submitted to DOE
electronically should be provided in PDF (preferred), Microsoft Word or
Excel, WordPerfect, or text (ASCII) file format. Provide documents that
are not secured, written in English and are free of any defects or
viruses. Documents should not contain special characters or any form of
encryption and, if possible, they should carry the electronic signature
of the author.
Campaign form letters. Please submit campaign form letters by the
originating organization in batches of between 50 to 500 form letters
per PDF or as one form letter with a list of supporters' names compiled
into one or more PDFs. This reduces comment processing and posting
time.
Confidential Business Information. Any person submitting
information that he or she believes to be confidential and exempt by
law from public disclosure should submit via email, postal mail, or
hand delivery two well-marked copies: one copy of the document marked
confidential including all the information believed to be confidential,
and one copy of the document marked non-confidential with the
information believed to be confidential deleted. Submit these documents
via email or on a CD, if feasible. DOE will make its own determination
about the confidential status of the information and treat it according
to its determination. 10 CFR 1004.11(e)
Factors of interest to DOE when evaluating requests to treat
submitted information as confidential include: (1) A description of the
items; (2) whether and why such items are customarily treated as
confidential within the industry; (3) whether the information is
generally known by or available from other sources; (4) whether the
information has previously been made available to others without
obligation concerning its confidentiality; (5) an explanation of the
competitive injury to the submitting person which would result from
public disclosure; (6) when such information might lose its
confidential character due to the passage of time; and (7) why
disclosure of the information would be contrary to the public interest.
It is DOE's policy that all comments may be included in the public
docket, without change and as received, including any personal
information provided in the comments (except information deemed to be
exempt from public disclosure).
E. Issues on Which DOE Seeks Comment
Although DOE welcomes comments on any aspect of this proposal, DOE
is particularly interested in receiving comments and views of
interested parties concerning the following issues:
1. DOE requests comment on its proposal to incorporate by reference
ASME/ANSI Standard A112.18.1-2011, ``Plumbing Supply Fittings,''
specifically regarding the following substantive changes to the current
DOE test procedures for showerheads and faucets: (1) A requirement that
the pressure differential measurement be within +/- 1 pound per square
inch (psi) for faucets and +/- 2 psi for showerheads (not previously
specified for either product), (2) a change in the test procedure
temperature range to 5 to
[[Page 31754]]
71 [deg]C for faucets (previously 4 to 66 [deg]C) and to 32 to 44
[deg]C for showerheads (previously 4 to 66 [deg]C), (3) required use of
a container large enough to hold water collected over a minimum of 1
minute when using the time/volume test procedure method (not previously
specified), and (4) a requirement that flow be maintained for at least
1 minute for showerheads (not previously specified).
2. DOE requests comment on the proposed incorporation by reference
of the ASME/ANSI Standard A112.19.2-2008, ``Ceramic Plumbing
Fixtures,'' specifically regarding the following substantive changes to
the current test procedures for water closets and urinals: (1) A
required filter in the apparatus set-up (not previously required), (2)
receiving vessel calibration of 0.25 liters (0.07 gallons) (decreased
from 0.1 gallons), (3) required use of an electric timer with
increments that are accurate to within a tenth of a second to verify
the actuator is held for a maximum of 1 second (not previously
specified), (4) change in the static pressure requirements for a
flushometer valve with a siphonic bowl to 80 and 35 psi (previously 80,
50, and 15 psi) and with blowout bowl to 80 and 45 psi (previously 80,
50, and 35 psi), and (5) requiring rounding of the calculated value for
each tested unit to the number of significant digits resulting from the
test in place of the 0.25 liter increment in the revised ANSI/ASME
standard.
3. DOE requests comments on (1) its proposal to develop a test
procedure to measure the average representative water use of dual-flush
water closets in general, (2) whether the use of a composite average of
the flush volumes of a dual-flush water closet is representative of the
average water use of these products, and (3) whether the specific ratio
of flush volumes proposed in this notice (i.e., two reduced flushes and
one full flush) is an appropriate measure of the representative average
water use of dual-flush water closets.
4. DOE requests comment on its proposal to retain the existing test
procedure for commercial prerinse spray valves and incorporate by
reference the most recent version of ASTM F2324-03. DOE is also
interested in any views on the suitability of this procedure for
meeting the requirements of EPCA with respect to representativeness of
measurements and test burden.
5. DOE requests comments and information on prospective methods for
verifying that the 8 lb. force requirement in section 4.11.1 of ASME/
ANSI Standard A112.18.1-2011 has been met, and any showerhead designs
that may complicate verification of the 8 lb. force provision or make
it unnecessary.
6. DOE requests comment on its proposed definitions of the terms
``accessory,'' ``body spray,'' ``fitting,'' ``hand-held showerhead,''
and ``dual-flush water closet,'' and its proposed amendment to the
existing definition of ``showerhead.''
7. DOE requests comment on the current definition of a basic model
of water closet and urinal and any other factors that DOE should
consider in determining the appropriate means by which to group various
combinations of water closet or urinal bowls with flushing devices as
basic models and rate their water consumption.
8. DOE requests comment on all elements of the provisions for the
calculation of test results, including the confidence limits; revisions
to the sampling plans that might better reflect the level of precision
that is achievable for each respective test; and variability in
measured water consumption that is expected for each respective
product.
9. DOE seeks comment on its tentative conclusion that the proposed
test procedure changes will not have a significant impact on a
substantial number of small entities.
VI. Approval of the Office of the Secretary
The Secretary of Energy has approved publication of this proposed
rule.
List of Subjects
10 CFR Part 429
Administrative practice and procedure, Confidential business
information, Energy conservation, Imports, Intergovernmental relations,
Small businesses.
10 CFR Part 430
Administrative practice and procedure, Confidential business
information, Energy conservation, Imports, Incorporation by reference,
Intergovernmental relations, Small businesses.
10 CFR Part 431
Administrative practice and procedure, Confidential business
information, Energy conservation, Imports, Incorporation by reference,
Intergovernmental relations, Small businesses.
Issued in Washington, DC, on May 17, 2012.
Kathleen B. Hogan,
Deputy Assistant Secretary of Energy, Efficiency and Renewable Energy.
For the reasons stated in the preamble, DOE proposes to amend parts
429, 430 and 431 of chapter II of title 10 of the Code of Federal
Regulations, to read as set forth below:
PART 429--CERTIFICATION, COMPLIANCE, AND ENFORCEMENT FOR CONSUMER
PRODUCTS AND COMMERCIAL AND INDUSTRIAL EQUIPMENT
1. The authority citation for part 429 continues to read as
follows:
Authority: 42 U.S.C. 6291-6317.
2. Section 429.28 is amended by revising paragraph (b)(2) to read
as follows:
Sec. 429.28 Faucets.
* * * * *
(b) * * *
(2) Pursuant to Sec. 429.12(b)(13), a certification report shall
include the following public product-specific information: For non-
metering faucets, the maximum water use in gallons per minute (gpm)
rounded to the nearest 0.1 gpm; for metering faucets, the maximum water
use in gallons per cycle (gal/cycle) rounded to the nearest 0.01 gal/
cycle; and for all faucet types, the flow water pressure in pounds per
square inch (psi).
3. Section 429.29 is amended by revising paragraph (b)(2) to read
as follows:
Sec. 429.29 Showerheads.
* * * * *
(b) * * *
(2) Pursuant to Sec. 429.12(b)(13), a certification report shall
include the following public product-specific information: The maximum
water use in gallons per minute (gpm) rounded to the nearest 0.1 gpm
and the maximum flow water pressure in pounds per square inch (psi).
* * * * *
4. Section 429.30 is amended by revising paragraph (b)(2) to read
as follows:
Sec. 429.30 Water closets.
* * * * *
(b) * * *
(2) Pursuant to Sec. 429.12(b)(13), a certification report shall
include the following public product-specific information: The maximum
water use in gallons per flush (gpf), rounded to the nearest 0.01 gpf.
5. Section 429.31 is amended by revising paragraph (b)(2) to read
as follows:
Sec. 429.31 Urinals.
* * * * *
(b) * * *
(2) Pursuant to Sec. 429.12(b)(13), a certification report shall
include the
[[Page 31755]]
following public product-specific information: The maximum water use in
gallons per flush (gpf), rounded to the nearest 0.01 gpf; and for
trough-type urinals, the maximum flow rate in gallons per minute (gpm),
rounded to the nearest 0.01 gpm, and the length of the trough in inches
(in).
6. Section 429.51 is amended by revising paragraph (b)(2) to read
as follows:
Sec. 429.51 Commercial pre-rinse spray valves.
* * * * *
(b) * * *
(2) Pursuant to Sec. 429.12(b)(13), a certification report shall
include the following public product-specific information: The maximum
flow rate in gallons per minute (gpm), rounded to the nearest 0.1 gpm.
PART 430--ENERGY CONSERVATION PROGRAM FOR CONSUMER PRODUCTS
7. The authority citation for part 430 continues to read as
follows:
Authority: 42 U.S.C. 6291-6309; 28 U.S.C. 2461 note.
8. Section 430.2 is amended by adding, in alphabetical order,
definitions for ``Accessory,'' ``Body spray,'' ``Fitting,'' ``Dual-
flush water closet,'' and ``Hand-held showerhead,'' and by revising the
definition of ``Showerhead'' to read as follows:
Sec. 430.2 Definitions.
* * * * *
Accessory means, with respect to plumbing fittings, a component
that can, at the discretion of the user, be readily added, removed, or
replaced and that, when removed, will not prevent the fitting from
fulfilling its primary function.
* * * * *
Body spray means a shower device for spraying water onto a bather
from other than the overhead position.
* * * * *
Dual-flush water closet means a water closet incorporating a
feature that allows the user to flush the water closet with either a
reduced or a full volume of water.
* * * * *
Fitting means a device that controls and guides the flow of water.
* * * * *
Hand-held showerhead means a showerhead that can be fixed in place
or used as a movable accessory for directing water onto a bather.
* * * * *
Showerhead means an accessory, or set of accessories, to a supply
fitting distributed in commerce for attachment to a single supply
fitting, for spraying water onto a bather, typically from an overhead
position, including body sprays and hand-held showerheads, but
excluding safety shower showerheads.
* * * * *
9. Section 430.3 is amended by revising paragraphs (g)(1) and
(g)(2) to read as follows:
Sec. 430.3 Materials incorporated by reference.
* * * * *
(g) * * *
(1) ASME/ANSI A112.18.1-2011, ``Plumbing Fixture Fittings,''
approved May 31, 2011, IBR approved for appendix S to subpart B.
(2) ASME/ANSI A112.19.2-2008, ``Plumbing Fixture Fittings,''
approved August 1, 2008, IBR approved for appendix T to subpart B.
* * * * *
10. Section 430.23 is amended by revising paragraph (u) to read as
follows:
Sec. 430.23 Test procedures for the measurement of energy and water
consumption.
* * * * *
(u) Water closets. The maximum water use for water closets,
expressed in gallons and liters per flush (gpf and Lpf), shall be
measured in accordance with section 3(a) of appendix T of this subpart.
The maximum water use for dual-flush water closets, also expressed in
gpf and Lpf, shall be the full flush volume, as measured in accordance
with section 3(a) of appendix T of this subpart. Representative average
water use of dual-flush water closets shall be calculated using a
composite average of two reduced flush volumes and one full flush
volume, as measured in accordance with section 3(a) of appendix T of
this subpart.
* * * * *
11. Appendix S to subpart B of part 430 is amended by revising
section 2, ``Flow Capacity Requirements,'' to read as follows:
Appendix S to Subpart B of Part 430--Uniform Test Method for Measuring
the Water Consumption of Faucets and Showerheads
* * * * *
2. Flow Capacity Requirements
a. Faucets--The test procedures to measure the water flow rate
for faucets, expressed in gallons per minute (gpm) and liters per
minute (L/min), or gallons per cycle (gal/cycle) and liters per
cycle (L/cycle), shall be conducted in accordance with the test
requirements specified in section 5.4, Flow Rate, of ASME/ANSI
A112.18.1-2011 (incorporated by reference, see Sec. 430.3).
Measurements shall be recorded at the resolution of the test
instrumentation. Calculations shall be rounded off to the same
number of significant digits as the previous step. The final water
consumption value of each tested unit shall be rounded to one
decimal place for non-metered faucets, or two decimal places for
metered faucets.
b. Showerheads--The test procedures to measure the water flow
rate for showerheads, expressed in gallons per minute (gpm) and
liters per minute (L/min), shall be conducted in accordance with the
test requirements specified in section 5.4, Flow Rate, of the ASME/
ANSI A112.18.1-2011 (incorporated by reference, see Sec. 430.3).
Measurements shall be recorded at the resolution of the test
instrumentation. Calculations shall be rounded off to the same
number of significant digits as the previous step. The final water
consumption value of each tested unit shall be rounded to one
decimal place.
12. Appendix T to subpart B of part 430 is amended by revising
section 2, ``Test Apparatus and General Instructions,'' and section 3,
``Test Measurement,'' to read as follows:
Appendix T to Subpart B of Part 430--Uniform Test Method for Measuring
the Water Consumption of Water Closets and Urinals
* * * * *
2. Test Apparatus and General Instructions
a. The test apparatus and instructions for testing water closets
shall conform to the requirements specified in section 7.1, General,
subsections 7.1.1, 7.1.2, 7.1.3, and 7.1.4 of ASME/ANSI A112.19.2-
2008 (incorporated by reference, see Sec. 430.3). Measurements
shall be recorded at the resolution of the test instrumentation.
Calculations of water consumption for each tested unit shall be
rounded off to the same number of significant digits as the previous
step.
b. The test apparatus and instructions for testing urinals shall
conform to the requirements specified in section 8.2, Test Apparatus
and General Instructions, subsections 8.2.1, 8.2.2, and 8.2.3 of
ASME/ANSI A112.19.2-2008 (incorporated by reference, see Sec.
430.3). Measurements shall be recorded at the resolution of the test
instrumentation. Calculations of water consumption for each tested
unit shall be rounded off to the same number of significant digits
as the previous step.
3. Test Measurement
a. Water closets--The measurement of the water flush volume for
water closets, expressed in gallons per flush (gpf) and liters per
flush (Lpf), shall be conducted in accordance with the test
requirements specified in section 7.4, Water Consumption Test, of
ASME/ANSI A112.19.2-2008 (incorporated by reference, see Sec.
430.3). For dual-flush water closets, measurement of the water flush
volume for the full flush and reduced flush modes shall be conducted
in accordance with all test requirements for water closets specified
in this appendix.
[[Page 31756]]
b. Urinals--The measurement of water flush volume for urinals,
expressed in gallons per flush (gpf) and liters per flush (Lpf),
shall be conducted in accordance with the test requirements
specified in section 8.6, Water Consumption Test, of ASME/ANSI
A112.19.2-2008 (incorporated by reference, see Sec. 430.3).
13. Section 430.32 is amended by revising paragraph (p) to read as
follows:
Sec. 430.32 Energy and water conservation standards and their
effective dates.
* * * * *
(p) Showerheads. The maximum water use allowed for a showerhead
shall be 2.5 gallons per minute (9.5 liters per minute) when measured
at a flowing pressure of 80 pounds per square inch gage (552
kilopascals). When used as a component of any such showerhead, the
flow-restricting insert shall be mechanically retained at the point of
manufacture such that a force of 8.0 lbf (36 N) or more is required to
remove the flow-restricting insert. This requirement shall not apply to
showerheads that would cause water to leak significantly from areas
other than the spray face if the flow-restricting insert were removed.
* * * * *
PART 431--ENERGY EFFICIENCY PROGRAM FOR CERTAIN COMMERCIAL AND
INDUSTRIAL EQUIPMENT
14. The authority citation for part 431 continues to read as
follows:
Authority: 42 U.S.C. 6291-6317.
15. Section 431.263 is revised to read as follows:
Sec. 431.263 Materials incorporated by reference.
(a) DOE incorporates by reference the following standard into part
431. The material listed has been approved for incorporation by
reference by the Director of the Federal Register in accordance with 5
U.S.C. 552(a) and 1 CFR part 51. Any subsequent amendment to a standard
by the standard-setting organization will not affect the DOE
regulations unless and until amended by DOE. Material is incorporated
as it exists on the date of the approval and a notice of any change in
the material will be published in the Federal Register. All approved
material is available for inspection at the National Archives and
Records Administration (NARA). For information on the availability of
this material at NARA, call (202) 741-6030, or go to: http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html. Also, this material is available for inspection at U.S.
Department of Energy, Office of Energy Efficiency and Renewable Energy,
Building Technologies Program, 6th Floor, 950 L'Enfant Plaza SW.,
Washington, DC 20024, (202) 586-2945, or go to: http://www1.eere.energy.gov/buildings/appliance_standards/. This standard can
be obtained from the source below.
(b) ASTM. American Society for Testing and Materials International,
100 Barr Harbor Drive, P.O. Box C700, West Conshohoken, PA 19428-2959,
(610) 832-9585, or got to http://www.astm.org.
(1) ASME Standard F2324-03 (2009), Standard Test Method for
Prerinse Spray Valves, approved May 1, 2009; IBR approved for Sec.
431.264.
(2) Reserved.
16. Section 431.264 paragraph (b) is revised to read as follows:
Sec. 431.264 Uniform test method for the measurement of flow rate for
commercial prerinse spray valves.
* * * * *
(b) Testing and Calculations. The test procedure to determine the
water consumption flow rate for prerinse spray valves, expressed in
gallons per minute (gpm) or liters per minute (L/min), shall be
conducted in accordance with the test requirements specified in
sections 4.1 and 4.2 (Summary of Test Method), 5.1 (Significance and
Use), 6.1 through 6.9 (Apparatus) except 6.5, 9.1 through 9.5
(Preparation of Apparatus), and 10.1 through 10.2.5. (Procedure), and
calculations in accordance with sections 11.1 through 11.3.2
(Calculation and Report) of ASTM F2324-03 (2009), ``Standard Test
Method for Prerinse Spray Valves.'' (incorporated by reference, see
Sec. 431.263) Perform only the procedures pertinent to the measurement
of flow rate. Record measurements at the resolution of the test
instrumentation. Round off calculations to the same number of
significant digits as the previous step. Round the final water
consumption value to one decimal place as follows:
(1) A fractional number at or above the midpoint between two
consecutive decimal places shall be rounded up to the higher of the two
decimal places; or
(2) A fractional number below the midpoint between two consecutive
decimal places shall be rounded down to the lower of the two decimal
places.
[FR Doc. 2012-12919 Filed 5-29-12; 8:45 am]
BILLING CODE 6450-01-P