[Federal Register Volume 77, Number 104 (Wednesday, May 30, 2012)]
[Proposed Rules]
[Pages 31742-31756]
From the Federal Register Online via the Government Printing 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: PlumbingPrds-2011-TP-0061@ee.doe.gov. 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: 
Brenda.Edwards@ee.doe.gov.

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: Lucas.Adin@ee.doe.gov.
    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: 
Jennifer.Tiedeman@hq.doe.gov.

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 Brenda.Edwards@ee.doe.gov. 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