[Federal Register Volume 85, Number 109 (Friday, June 5, 2020)]
[Proposed Rules]
[Pages 34541-34545]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-11768]
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DEPARTMENT OF ENERGY
10 CFR Part 431
[EERE-2019-BT-TP-0025]
RIN 1904-AE55
Energy Conservation Program: Test Procedure for Commercial
Prerinse Spray Valves
AGENCY: Office of Energy Efficiency and Renewable Energy, Department of
Energy.
ACTION: Request for information.
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SUMMARY: The U.S. Department of Energy (DOE) is requesting information
and data through this request for information (``RFI'') to consider
whether to amend DOE's test procedures for commercial prerinse spray
valves. Specifically, DOE seeks data and information pertinent to
whether amended test procedures would (1) more accurately or fully
comply with the requirement that the test procedure be reasonably
designed to produce test results that measure water use during a
representative average use cycle or period of use without being unduly
burdensome to conduct, or (2) reduce test burden. DOE welcomes written
comments from the public on any subject within the scope of this
document (including topics not raised in this RFI), as well as the
submission of data and other relevant information.
DATES: Written comments and information will be accepted on or before
July 6, 2020.
ADDRESSES: Interested persons are encouraged to submit comments using
the Federal eRulemaking Portal at http://www.regulations.gov. Follow
the instructions for submitting comments. Alternatively, interested
persons may submit comments, identified by docket number EERE-2019-BT-
TP-0025, by any of the following methods:
1. Federal eRulemaking Portal: http://www.regulations.gov. Follow
the instructions for submitting comments.
2. Email: to [email protected]. Include docket number EERE-
2019-BT-TP-0025 in the subject line of the message.
3. Postal Mail: Appliance and Equipment Standards Program, U.S.
Department of Energy, Building Technologies Office, Mailstop EE-5B,
1000 Independence Avenue SW, Washington, DC 20585-0121. Telephone:
(202) 287-1445. If possible, please submit all items on a compact disc
(``CD''), in which case it is not necessary to include printed copies.
4. Hand Delivery/Courier: Appliance and Equipment Standards
Program, U.S. Department of Energy, Building Technologies Office, 950
L'Enfant Plaza SW, Suite 600, Washington, DC 20024. Telephone: (202)
287-1445. If possible, please submit all items on a CD, in which case
it is not necessary to include printed copies.
No telefacsimilies (``faxes'') will be accepted. For detailed
instructions on submitting comments and additional information on this
process, see section III of this document.
Docket: The docket for this activity, which includes Federal
Register notices, comments, and other supporting documents/materials,
is available for review at http://www.regulations.gov. All documents in
the docket are listed in the http://www.regulations.gov index. However,
some documents listed in the index, such as those containing
information that is exempt from public disclosure, may not be publicly
available.
The docket web page can be found at https://www1.eere.energy.gov/buildings/appliance_standards/standards.aspx?productid=69&action=viewcurrent. The docket web page
contains instructions on how to access all documents, including public
comments, in the docket. See section III for information on how to
submit comments through http://www.regulations.gov.
FOR FURTHER INFORMATION CONTACT: Ms. Lucy deButts, U.S. Department of
Energy, Office of Energy Efficiency and Renewable Energy, Building
Technologies Office, EE-5B, 1000 Independence Avenue SW, Washington, DC
20585-0121. Telephone: (202) 287-1604. Email:
[email protected].
Ms. Kathryn McIntosh, U.S. Department of Energy, Office of the
General Counsel, GC-33, 1000 Independence Avenue SW, Washington, DC
20585-0121. Telephone: (202) 586-2002. Email:
[email protected].
For further information on how to submit a comment or review other
public comments and the docket, contact the Appliance and Equipment
Standards Program staff at (202) 287-1445 or by email:
[email protected].
SUPPLEMENTARY INFORMATION:
Table of Contents
I. Introduction
A. Authority and Background
B. Rulemaking History
II. Request for Information
A. Scope and Definitions
B. Test Procedure
1. Industry Standard
2. Water Pressure
C. Other Test Procedure Topics
III. Submission of Comments
I. Introduction
DOE's test procedures for commercial prerinse spray valves are
prescribed at Subpart O of 10 CFR part 431. The following sections
discuss DOE's authority to establish and amend test procedures for
commercial prerinse spray valves and relevant background information
regarding DOE's consideration of test procedures for this equipment.
A. Authority and Background
The Energy Policy and Conservation Act, as amended (``EPCA''),\1\
among other things, authorizes DOE to regulate the energy efficiency of
a number of consumer products and certain industrial equipment. (42
U.S.C. 6291-6317) Title III, Part B \2\ of EPCA
[[Page 34542]]
established the Energy Conservation Program for Consumer Products Other
Than Automobiles, which includes commercial prerinse spray valves. EPCA
provides for the definition of commercial prerinse spray valve at 42
U.S.C. 6291(33), the test procedure under 42 U.S.C. 6293(b)(14), and
energy conservation standards (in terms of flow rate) under 42 U.S.C.
6295(dd).\3\
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\1\ All references to EPCA in this document refer to the statute
as amended through America's Water Infrastructure Act of 2018,
Public Law 115-270 (October 23, 2018).
\2\ For editorial reasons, upon codification in the U.S. Code,
Part B was redesignated Part A.
\3\ Because Congress included commercial prerinse spray valves
in Part B of Title III of EPCA, the consumer product provisions of
Part B (not the industrial equipment provisions of Part C) apply to
commercial prerinse spray valves. However, because commercial
prerinse spray valves are commonly considered to be commercial
equipment, as a matter of administrative convenience and to minimize
confusion among interested parties, DOE placed the requirements for
commercial prerinse spray valves into subpart O of 10 CFR part 431.
Part 431 contains DOE regulations for commercial and industrial
equipment. DOE refers to commercial prerinse spray valves as either
``products'' or ``equipment.''
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The energy conservation program under EPCA consists essentially of
four parts: (1) Testing, (2) labeling, (3) Federal energy conservation
standards, and (4) certification and enforcement procedures. Relevant
provisions of EPCA specifically include definitions (42 U.S.C. 6291),
test procedures (42 U.S.C. 6293), labeling provisions (42 U.S.C. 6294),
energy conservation standards (42 U.S.C. 6295), and the authority to
require information and reports from manufacturers (42 U.S.C. 6296).
Federal energy efficiency requirements for covered products
established under EPCA generally supersede State laws and regulations
concerning energy conservation testing, labeling, and standards. (42
U.S.C. 6297) DOE may, however, grant waivers of Federal preemption for
particular State laws or regulations, in accordance with the procedures
and other provisions of EPCA. (42 U.S.C. 6297(d)).
The Federal testing requirements consist of test procedures that
manufacturers of covered products must use as the basis for: (1)
Certifying to DOE that their products comply with the applicable energy
conservation standards adopted pursuant to EPCA (42 U.S.C. 6295(s)),
and (2) making representations about the efficiency of those consumer
products (42 U.S.C. 6293(c)). Similarly, DOE must use these test
procedures to determine whether the products comply with relevant
standards promulgated under EPCA. (42 U.S.C. 6295(s)).
Under 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 requires that any test procedures prescribed or
amended under this section be reasonably designed to produce test
results which measure energy efficiency, energy use or estimated annual
operating cost of a covered product during a representative average use
cycle or period of use and not be unduly burdensome to conduct. (42
U.S.C. 6293(b)(3)).
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)).
EPCA requires DOE to use American Society of Testing and Materials
(``ASTM'') Standard F2324 (``ASTM F2324'') as the basis for the test
procedure for measuring flow rate. (42 U.S.C. 6293(b)(14)) EPCA also
requires that, at least once every seven years, DOE evaluate test
procedures for each type of covered product, including commercial
prerinse spray valves, to determine whether amended test procedures
would more accurately or fully comply with the requirements for the
test procedures to not be unduly burdensome to conduct and be
reasonably designed to produce test results that reflect energy
efficiency, energy use, and estimated operating costs during a
representative average use cycle or period of use. (42 U.S.C.
6293(b)(1)(A)) If the Secretary determines, on his own behalf or in
response to a petition by any interested person, that a test procedure
should be prescribed or amended, the Secretary shall promptly publish
in the Federal Register proposed test procedures and afford interested
persons an opportunity to present oral and written data, views, and
arguments with respect to such procedures. The comment period on a
proposed rule to amend a test procedure shall be at least 60 days and
may not exceed 270 days. In prescribing or amending a test procedure,
the Secretary shall take into account such information as the Secretary
determines relevant to such procedure, including technological
developments relating to water use of the type (or class) of covered
products involved. (42 U.S.C. 6293(b)(2) If DOE determines that test
procedure revisions are not appropriate, DOE must publish its
determination not to amend the test procedure. DOE is publishing this
RFI to collect data and information to inform its decision in
satisfaction of the seven-year review requirement specified in EPCA.
(42 U.S.C. 6293(b)(1)(A)).
B. Rulemaking History
DOE last amended the current test procedure for commercial prerinse
spray valves on December 30, 2015, when DOE incorporated by reference
the updated version of ASTM Standard F2324, i.e., the 2013 version
(``ASTM F2324-13''). 80 FR 81441 (``December 2015 CPSV Final Rule'').
Prior to the December 2015 CPSV Final Rule, DOE had incorporated by
reference the 2009 version of ASTM Standard F2324. In the December 2015
final rule, DOE also revised the definition of ``commercial prerinse
spray valve,'' made minor changes to the DOE flow rate test method, and
added a definition of ``spray force'' as well as a test method for
measuring the spray force of commercial prerinse spray valves. On
January 27, 2016, DOE published an energy conservation standards final
rule that established three product classes based on spray force and
established maximum flow rate requirements for each product class. 81
FR 4748, 4801.
In 2019, ASTM reaffirmed its 2013 standard (``ASTM F2324-13
(2019)'').
II. Request for Information
As an initial matter, DOE seeks comment on whether there have been
changes in product testing methodology or new products on the market
since the last test procedure update that may necessitate amendments to
the test procedure for commercial prerinse spray valves. Specifically,
DOE seeks data and information regarding whether the current test
procedure produces results that are representative of an average use
cycle for the product and is not unduly burdensome to conduct, and
therefore does not need amendment.
In the following sections, DOE has also identified a variety of
issues on which it seeks input to determine whether amended test
procedures for commercial prerinse spray valves would more accurately
or fully comply with the requirements in EPCA that test procedures: (1)
Be reasonably designed to produce test results which reflect energy use
during a representative average use cycle, and (2) not be unduly
burdensome to conduct. (42 U.S.C. 6293(b)(3)).
DOE also issued an RFI to seek more information on whether its test
procedures are reasonably designed, as required by EPCA, to produce
results that measure the energy (and water) use or efficiency of a
product during a representative average use cycle or period of use. 84
FR 9721 (March 18, 2019). DOE seeks comment on this issue as it
pertains to the test procedure for commercial prerinse spray valves.
Additionally, DOE welcomes comments on other issues relevant to the
conduct of this process. In particular, DOE notes that under Executive
Order 13771, ``Reducing
[[Page 34543]]
Regulation and Controlling Regulatory Costs,'' Executive Branch
agencies, such as DOE, are directed to manage the costs associated with
the imposition of expenditures required to comply with Federal
regulations. See 82 FR 9339 (Feb. 3, 2017). Consistent with that
Executive Order, DOE encourages the public to provide input on measures
DOE could take to lower the cost of its regulations applicable to
commercial prerinse spray valves consistent with the requirements of
EPCA.
A. Scope and Definitions
EPCA initially defined a ``commercial prerinse spray valve'' as ``a
handheld device designed and marketed for use with commercial
dishwashing and ware washing equipment that sprays water on dishes,
flatware, and other food service items for the purpose of removing food
residue before cleaning the items.'' (42 U.S.C. 6291(33)(A)) EPCA
authorizes DOE to modify the definition of commercial prerinse spray
valves by rule to include products (1) that are used extensively in
conjunction with commercial dishwashing and ware washing equipment, (2)
to which the application of standards would result in significant
energy savings, and (3) to which the application of standards would not
be likely to result in the unavailability of any covered product type
currently available on the market. (42 U.S.C. 6291(33)(B)(i)) EPCA also
authorizes DOE to modify the commercial prerinse spray valve definition
to exclude products (1) that are used for special food service
applications, (2) that are unlikely to be widely used in conjunction
with commercial dishwashing and ware washing equipment, and (3) to
which the application of standards would not result in significant
energy savings. (42 U.S.C. 6291(33)(B)(ii)) In the December 2015 CPSV
Final Rule, DOE amended the definition of commercial prerinse spray
valve to ``a handheld device that has a release-to-close valve and is
suitable for removing food residue from food service items before
cleaning them in commercial dishwashing or ware washing equipment.'' 10
CFR 431.262.
In determining whether a product is suitable for removing food
residue from food service items before cleaning them in commercial
dishwashing or ware washing equipment, DOE considers various factors
including channels of marketing and sales, product design and
descriptions, and actual sales to determine whether the spray valve is
used extensively in conjunction with commercial dishwashing and ware
washing equipment. 81 FR 81441, 81444. For example, a product marketed
or sold through outlets that market or sell to food service entities
such as restaurants or commercial or institutional kitchens is more
likely to be used as a commercial prerinse spray valve than one
marketed or sold through outlets catering to pet care. Similarly, a
product marketed outside of the United States as suitable for removing
food residue from food service items before cleaning them in commercial
dishwashing or ware washing equipment would be considered similarly
suitable if distributed in the United States. DOE also considers how a
product is marketed and sold to end-users, including how the product is
identified and described in product catalogs, brochures, specification
sheets, and communications with prospective purchasers. Id.
Additionally, DOE considers actual sales, including whether the end-
users are restaurants or commercial or institutional kitchens, even if
those sales are indirect through an entity such as a distributor. Id.
Although manufacturers may market different categories of spray
valves for various uses, such as cleaning floors or walls or filling
glasses, any such device that is suitable for use in conjunction with
commercial dishwashing and ware washing equipment to spray water for
the purpose of removing food residue that is a handheld device that has
a release-to-close valve is a commercial prerinse spray valve. See, 80
FR 35874, 35876-35877. Installation location is not a factor in
determining whether a given model meets the definition of commercial
prerinse spray valve. Id.
The CPSV definition generally does not include products that are
commonly referred to as ``pot fillers.'' A pot filler would not be
considered a commercial prerinse spray valve because it is not suitable
to be used for rinsing dishware before washing in a commercial
dishwasher. A pot filler is used to fill a container with water,
whereas a commercial prerinse spray valve is used to remove food
residue from dishware. Consumers generally would not install a pot
filler to be used as a commercial prerinse spray valve. In addition,
most pot fillers are usually rigidly mounted to a wall with a swing
arm, and are thus not handheld devices. See, 80 FR 81444.
Issue 1: DOE requests comment on how manufacturers are currently
applying the definition of ``commercial prerinse spray valve.''
Issue 2: DOE requests comments on whether modifications to the
definition are needed to more appropriately include products (1) that
are used extensively in conjunction with commercial dishwashing and
ware washing equipment, (2) to which the application of standards would
result in significant energy savings, and (3) to which the application
of standards would not be likely to result in the unavailability of any
covered product type currently available on the market. DOE also
requests comments on whether the definition should be modified to more
appropriately exclude products (1) that are used for special food
service applications, (2) that are unlikely to be widely used in
conjunction with commercial dishwashing and ware washing equipment, and
(3) to which the application of standards would not result in
significant energy savings. If modifications are needed, DOE requests
comment on how commercial prerinse spray valve should be defined.
B. Test Procedure
1. Industry Standard
Currently, DOE's test procedure for commercial prerinse spray
valves at 10 CFR part 431.263 incorporates by reference ASTM Standard
F2324-13. The applicable sections of ASTM Standard F2324-13 are
sections 6.1 through 6.9 (except 6.4 and 6.7), 9.1 through 9.4, and
10.1 through 10.2.5 for the flow rate test method with calculations
conducted according to section 11.3.1; and sections 6.2 and 6.4 through
6.9, 9.1 through 9.5.3.2, and 10.3.1 through 10.3.8 for the spray force
test method.
Since publication of the December 2015 final rule, ASTM F2324-13
has been reapproved to ASTM F2324-13 (2019). The 2019 version contains
no changes from the 2013 version.
Issue 3: DOE requests comments on updating the CPSV test procedure
references to incorporate the reaffirmed industry standard ASTM F2324-
13 (2019), and confirmation that such an update would not result in any
substantive changes to the current test procedure.
2. Water Pressure
As described previously, EPCA requires that any test procedures
prescribed or amended by DOE be reasonably designed to produce test
results which measure energy (and water) efficiency, energy (and water)
use or estimated annual operating cost of a covered product during a
representative average use cycle or period of use and not be unduly
burdensome to conduct. (42 U.S.C. 6293(b)(3)) ASTM F2324-13 specifies
testing with a water pressure of 60 2 pounds per square
inch (``psi''). In the December 2015 CPSV Final Rule, DOE concluded
that 60 psi is representative of the water pressures
[[Page 34544]]
observed across the nation, based on review of water pressure data for
commercial kitchens across the U.S. 80 FR 81441, 81446-81447.
Issue 4: DOE requests data and comment on whether the test pressure
of 60 2 psi continues to be representative of average U.S.
water pressures in commercial kitchen settings.
C. Other Test Procedure Topics
In addition to the issues identified earlier in this document, DOE
welcomes comment on any other aspect of the existing test procedures
for commercial prerinse spray valves. As noted previously, DOE recently
issued an RFI to seek more information on whether its test procedures
are reasonably designed, as required by EPCA, to produce results that
measure the energy (and water) use or efficiency of a product during a
representative average use cycle or period of use. 84 FR 9721 (Mar. 18,
2019). DOE seeks comment on this issue as it pertains to the test
procedure for commercial prerinse spray valves.
DOE also requests comments on whether potential amendments based on
the issues discussed would result in a test procedure that is unduly
burdensome to conduct, particularly in light of any new equipment on
the market since the last test procedure update. As discussed, the DOE
test procedure incorporates specific provisions of the industry
standard ASTM F2324-13. DOE also requests comment on the benefits and
burdens of adopting any industry/voluntary consensus-based or other
appropriate test procedure, without modification.
Additionally, DOE requests comment on whether the existing test
procedures limit a manufacturer's ability to provide additional
features to consumers on commercial prerinse spray valves. DOE
particularly seeks information on how the test procedures could be
amended to reduce the cost of new or additional features and make it
more likely that such features are included on commercial prerinse
spray valves, while still meeting the requirements of EPCA.
Finally, DOE also requests comments on any potential amendments to
the existing test procedure that would address impacts on
manufacturers, including small businesses.
III. Submission of Comments
DOE invites all interested parties to submit in writing by July 6,
2020, comments and information on matters addressed in this notice and
on other matters relevant to DOE's consideration of amended test
procedures for commercial prerinse spray valves. These comments and
information will aid in the development of a test procedure NOPR for
commercial prerinse spray valves if DOE determines that amended test
procedures may be appropriate for this equipment.
Submitting comments via http://www.regulations.gov. The http://www.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, nor 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 http://www.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 http://www.regulations.gov cannot be claimed as CBI. Comments
received through the website 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 http://www.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 http://www.regulations.gov provides after you have successfully uploaded your
comment.
Submitting comments via email, hand delivery/courier, or postal
mail. Comments and documents submitted via email, hand delivery/
courier, or postal mail also will be posted to http://www.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 postal mail
or hand delivery/courier, 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 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. According to 10 CFR 1004.11, 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/courier 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.
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).
DOE considers public participation to be a very important part of
the process
[[Page 34545]]
for developing test procedures and energy conservation standards. DOE
actively encourages the participation and interaction of the public
during the comment period in each stage of this process. Interactions
with and between members of the public provide a balanced discussion of
the issues and assist DOE in the process. Anyone who wishes to be added
to the DOE mailing list to receive future notices and information about
this process should contact Appliance and Equipment Standards Program
staff at (202) 287-1445 or via email at
[email protected].
Signing Authority
This document of the Department of Energy was signed on May 8,
2020, by Alexander N. Fitzsimmons, Deputy Assistant Secretary for
Energy Efficiency, pursuant to delegated authority from the Secretary
of Energy. That document with the original signature and date is
maintained by DOE. For administrative purposes only, and in compliance
with requirements of the Office of the Federal Register, the
undersigned DOE Federal Register Liaison Officer has been authorized to
sign and submit the document in electronic format for publication, as
an official document of the Department of Energy. This administrative
process in no way alters the legal effect of this document upon
publication in the Federal Register.
Signed in Washington, DC, on May 8, 2020.
Treena V. Garrett,
Federal Register Liaison Officer, U.S. Department of Energy.
[FR Doc. 2020-11768 Filed 6-4-20; 8:45 am]
BILLING CODE 6450-01-P