[Federal Register Volume 86, Number 96 (Thursday, May 20, 2021)]
[Proposed Rules]
[Pages 27298-27308]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-09708]
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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: Notice of proposed rulemaking and request for comment.
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SUMMARY: The U.S. Department of Energy (``DOE'') proposes to amend the
test procedures for commercial prerinse spray valves to incorporate by
reference the current version of the relevant industry standard, i.e.,
ASTM F2324. ASTM F2324 (2019) is a reaffirmation of the industry
standard currently incorporated by reference in the DOE test procedure
for commercial prerinse spray valves and as such, this proposal would
not substantively change the current test procedure. DOE also proposes
to amend the commercial prerinse spray valves definition to codify
existing guidance on the application of the definition. DOE is seeking
comment from interested parties on the proposal.
DATES: DOE will accept comments, data, and information regarding this
proposal no later than July 19, 2021. See section V, ``Public
Participation,'' for details.
Meeting: DOE will hold a webinar on this proposed rule on
Wednesday, June 9, 2021, from 10:00 a.m. to 3:00 p.m. See section V,
``Public Participation,'' for webinar registration information,
participant instructions, and information about the capabilities
available to webinar participants
[[Page 27299]]
Comments: DOE will accept comments, data, and information regarding
this notice of proposed rulemaking on or before July 19, 2021. See
section V, ``Public Participation,'' for details.
ADDRESSES: Interested persons are encouraged to submit comments using
the Federal eRulemaking Portal at www.regulations.gov. Follow the
instructions for submitting comments. Alternatively, interested persons
may submit, identified by docket number EERE-2019-BT-TP-0025, following
methods:
1. Federal eRulemaking Portal: 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.
No telefacsimilies (``faxes'') will be accepted. For detailed
instructions on submitting comments and additional information on the
rulemaking process, see section V of this document.
Although DOE has routinely accepted public comment submissions
through a variety of mechanisms, including the Federal eRulemaking
Portal, email, postal mail, or hand delivery/courier, the Department
has found it necessary to make temporary modifications to the comment
submission process in light of the ongoing Covid-19 pandemic. DOE is
currently accepting only electronic submissions at this time. If a
commenter finds that this change poses an undue hardship, please
contact Appliance Standards Program staff at (202) 586-1445 to discuss
the need for alternative arrangements. Once the Covid-19 pandemic
health emergency is resolved, DOE anticipates resuming all of its
regular options for public comment submission, including postal mail
and hand delivery/courier.
Docket: The docket, which includes Federal Register notices, public
meeting attendee lists and transcripts (if a public meeting is held),
comments, and other supporting documents/materials, is available for
review at www.regulations.gov. All documents in the docket are listed
in the 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://www.regulations.gov/docket/EERE-2019-BT-TP-0025. The docket web page contains instructions
on how to access all documents, including public comments, in the
docket. See section V for information on how to submit comments through
https://www.regulations.gov.
FOR FURTHER INFORMATION CONTACT:
Mr. Bryan Berringer, U.S. Department of Energy, Office of Energy
Efficiency and Renewable Energy, Building Technologies Office, EE-2J,
1000 Independence Avenue SW, Washington, DC, 20585-0121. Telephone:
(202) 586-0371. Email [email protected]">ApplianceStandards[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, review other
public comments and the docket, or participate in a public meeting (if
one is held), contact the Appliance and Equipment Standards Program
staff at (202) 287-1445 or by email:
[email protected]">ApplianceStandards[email protected].
SUPPLEMENTARY INFORMATION: DOE proposes to incorporate by reference the
following industry standard into 10 CFR part 431: ASTM Standard F2324-
13 (R2019), ``Standard Test Method for Prerinse Spray Valves;''
Reapproved 2019 (``ASTM F2324-13 (R2019)'').
Copies of ASTM F2324-13 (R2019) can be obtained from ASTM
International, 100 Barr Harbor Drive, P.O. Box C700, West Conshohocken,
PA 19428-2959, or by going to www.astm.org.
For a further discussion of these standards, see section IV.M.
Table of Contents
I. Authority and Background
A. Authority
B. Background
II. Synopsis of the Notice of Proposed Rulemaking
III. Discussion
A. Scope and Definition
B. Updates to Industry Standards
C. Water Pressure
D. Test Procedure Costs, Harmonization, and Other Topics
1. Test Procedure Costs and Impact
2. Harmonization With Industry Standards
E. Compliance Date
IV. Procedural Issues and Regulatory Review
A. Review Under Executive Order 12866
B. Review Under the Regulatory Flexibility Act
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 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
M. Description of Materials Incorporated by Reference
V. Public Participation
A. Participation in the Webinar
B. Procedure for Submitting Prepared General Statements for
Distribution
C. Conduct of the Webinar
D. Submission of Comments
E. Issues on Which DOE Seeks Comment
VI. Approval of the Office of the Secretary
I. Authority and Background
Commercial prerinse spray valves (``CPSV'' or ``CPSVs'') are
included among the covered products for which DOE is authorized to
establish and amend energy conservation standards and test procedures.
(42 U.S.C. 6291(33); 42 U.S.C. 6293(b)(14); 42 U.S.C. 6295(dd)) DOE's
energy conservation standards and test procedures for commercial
prerinse spray valves are currently prescribed at 10 CFR part 431
subpart O.\1\ The following sections discuss DOE's authority to
establish test procedures for CPSVs and the relevant background
information regarding DOE's consideration of test procedures for this
product.
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\1\ Because Congress included commercial prerinse spray valves
in Part 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 value. 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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A. Authority
The Energy Policy and Conservation Act, as amended (``EPCA''),\2\
authorizes DOE to regulate the energy efficiency of several consumer
products and certain industrial equipment. (42 U.S.C. 6291-6317) Title
III, Part B \3\ of EPCA established the Energy Conservation Program for
Consumer Products Other Than Automobiles, which sets forth a variety of
provisions designed to improve energy efficiency, which includes CPSVs.
EPCA provides definitions for commercial prerinse
[[Page 27300]]
spray valves under 42 U.S.C. 6291(33), the test procedure under 42
U.S.C. 6293(b)(14), and energy conservation standards for flow rate
under 42 U.S.C. 6295(dd).
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\2\ All references to EPCA in this document refer to the statute
as amended through the Energy Act of 2020, Public Law 116-260 (Dec.
27, 2020).
\3\ For editorial reasons, upon codification in the U.S. Code,
Part B was redesignated Part A.
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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).
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))
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))
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))
With respect to CPSVs, EPCA requires DOE to use ASTM Standard F2324
(``ASTM F2324'') as the basis for the test procedure for measuring flow
rate. (42 U.S.C. 6293(b)(14))
Further, EPCA requires that, at least once every 7 years, DOE
evaluate test procedures for each type of covered product, including
CPSVs, 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. (42 U.S.C. 6293(b)(2)) The comment
period on a proposed rule to amend a test procedure shall be at least
60 days and may not exceed 270 days.\4\ Id. 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 energy use or energy
efficiency of the type (or class) of covered products involved. Id. If
DOE determines that test procedure revisions are not appropriate, DOE
must publish its determination not to amend the test procedures. DOE is
publishing this notice of proposed rulemaking (``NOPR'') in
satisfaction of the 7-year review requirement specified in EPCA. (42
U.S.C. 6293(b)(1)(A))
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\4\ DOE has historically provided a 75-day comment period for
test procedure NOPRs, consistent with the comment period requirement
for technical regulations in the North American Free Trade
Agreement, U.S.-Canada-Mexico (``NAFTA''), Dec. 17, 1992, 32 I.L.M.
289 (1993); the North American Free Trade Agreement Implementation
Act, Pub. L. 103-182, 107 Stat. 2057 (1993) (codified as amended at
10 U.S.C.A. 2576) (1993) (``NAFTA Implementation Act''); and
Executive Order 12889, ``Implementation of the North American Free
Trade Agreement,'' 58 FR 69681 (Dec. 30, 1993). However, Congress
repealed the NAFTA Implementation Act and has replaced NAFTA with
the Agreement between the United States of America, the United
Mexican States, and the United Canadian States (``USMCA''), Nov. 30,
2018, 134 Stat. 11, thereby rendering E.O. 12889 inoperable.
Consequently, since the USMCA is consistent with EPCA's public
comment period requirements and normally requires only a minimum
comment period of 60 days for technical regulations, DOE now
provides a 60-day public comment period for test procedure NOPRs.
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B. Background
DOE's existing test procedures for CPSVs appear at 10 CFR part 431,
subpart O. DOE most recently amended the test procedure for CPSVs in a
final rule published December 30, 2015, in which DOE incorporated by
reference the 2013 version of ASTM F2324 (``ASTM F2324-13''). 80 FR
81441 (``December 2015 Final Rule''). Also during the December 2015
Final Rule, DOE revised the definition of ``commercial prerinse spray
valve,'' made minor adjustments to the DOE flow rate test method, and
included a definition of ``spray force'' as well as added a test method
for measuring the spray force of CPSVs. In 2019, ASTM reaffirmed the
2013 standard (``ASTM F2324-13 (2019)''). The 2019 version contains no
changes from the 2013 version.
On June 5, 2020, DOE published a request for information soliciting
public comment and data on all aspects of the existing DOE test
procedure for CPSVs, including (1) the scope and definition of the test
procedure, (2) incorporation of the reaffirmed industry standard, and
(3) the representativeness of the test water pressure. 85 FR 34541
(``June 2020 RFI''). DOE also received a comment requesting an
extension of the original comment period and on July 21, 2020, DOE
reopened the comment period for an additional 30 days to close on
August 20, 2020. 85 FR 44026.
DOE received comments in response to the June 2020 RFI from the
interested parties listed in Table I.1.
Table I.1--Written Comments Received in Response to June 2020 RFI
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Reference in this
Organization(s) NOPR Organization type
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Plumbing Manufacturers Inc....... PMI............... Trade
Association.
Pacific Gas and Electric Company CA IOUs........... Utilities.
(``PG&E''), San Diego Gas and
Electric (``SDG&E''), and
Southern California Edison
(``SCE'').
Northwest Energy Efficiency NEEA.............. Efficiency
Alliance. Organization.
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[[Page 27301]]
A parenthetical reference at the end of a comment quotation or
paraphrase provides the location of the item in the public record.\5\
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\5\ The parenthetical reference provides a reference for
information located in the docket of DOE's rulemaking to develop
test procedures for CPSVs. (Docket No. EERE-2019-BT-TP-0025, which
is maintained at www.regulations.gov/#!docketDetail;D= EERE-2019-BT-
TP-0025). The references are arranged as follows: (Commenter name,
comment docket ID number, page of that document).
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II. Synopsis of the Notice of Proposed Rulemaking
In this NOPR, DOE proposes to update 10 CFR 431.264, ``Uniform test
method for the measurement of flow rate for commercial prerinse spray
valves,'' as follows:
Amend the CPSV definition to codify existing guidance on
the application of the definition; and
Incorporate by reference the reaffirmed industry
standard--ASTM F2324-13 (2019), ``Standard Test Method for Prerinse
Spray Valves.''
Table II.1 summarizes DOE's proposed action compared to the current
test procedure, as well as the reason for the proposed change.
Table II.1--Summary of Changes in Proposed Test Procedure Relative to
Current Test Procedure
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Proposed test
Current DOE test procedure procedure Attribution
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A ``commercial prerinse spray Amends the commercial Clarification of
valve'' is defined as ``a prerinse spray valves scope.
handheld device that has a definition to codify
release-to-close valve and is existing guidance on
suitable for removing food the factors DOE
residue from food service considers to
items before cleaning them in determine whether the
commercial dishwashing or spray valve meets the
ware washing equipment''. suitability
requirement in the
definition. The
proposed amendment
does not change the
scope of the
definition.
References the ASTM F2324-13.. References reaffirmed Industry TP
industry standard- Reaffirmed in
ASTM F2324-13 (2019). 2019.
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DOE has tentatively determined that the proposed amendments
described in section III of this document would not alter the measured
flow rate or spray force of CPSVs, and that the proposed test
procedures would not be unduly burdensome to conduct. Discussion of
DOE's proposed actions are addressed in detail in section III of this
document.
III. Discussion
A. Scope and Definition
``Commercial prerinse spray valve'' is defined as ``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 the June
2020 RFI, DOE requested comment as to how manufacturers are currently
applying the existing definition and if any modifications to the
definition are needed to more appropriately include or exclude
products. 85 FR 34541, 34543.
In response to the June 2020 RFI, PMI commented that manufacturers
are applying the current definition to CPSVs distributed and sold as
part of a unit (e.g., included with a wall mount, hose, overhead
spring, etc.) and separately, typically as a replacement to a unit.
(PMI No. 5 at p. 3) NEEA recommended that DOE review the definition to
ensure that manufacturers and market actors are clear on which products
must comply. NEEA stated that many valves on the market appear to meet
the definition of CPSV but have flow rates above the energy
conservation standard. (NEEA, No. 6 at p. 1) Specifically, NEEA
referenced comments it submitted in response to an energy conservation
standards RFI, regarding CPSVs \6\ in which NEEA identified products
that it stated appear to meet the definition of CPSV, but have
represented flowrates above the current CPSV standard and/or are not
included in DOE's Compliance Certification Management System. 85 FR
35383 (June 10, 2020) (NEEA, No. 6 at p. 1, referencing Docket No.
EERE-2019-BT-STD-0034-0007 at p. 2) NEEA recommended that DOE conduct
an investigation to ensure all products on the market comply with the
standard. (NEEA, No. 6 at p. 1)
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\6\ On June 10, 2020, DOE initiated an early assessment review
to determine whether any new or amended standards would satisfy the
relevant requirements of EPCA for a new or amended energy
conservation standard for commercial prerinse spray valves. 85 FR
35383 (``June 2020 ECS RFI'').
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When surveying the market, DOE notes that a basic model of CPSVs
may include more than one individual CPSV model. For the purpose of
CPSVs, a basic model is defined as ``all spray settings of a given
class manufactured by one manufacturer, which have essentially
identical physical and functional (or hydraulic) characteristics that
affect water consumption or water efficiency.'' 10 CFR 431.262. For
each basic model that is subject to an applicable energy conservation
standard, manufacturers must submit a certification report to DOE in
accordance with the general requirements set out in 10 CFR 429.12 and
the requirements specific to CPSVs at 10 CFR 429.51(b).
DOE recognizes that representations may be made by third-party
retailers and distributers in addition to those by manufacturers. DOE
reiterates that EPCA prohibits manufacturers, distributors, retailers,
and private labelers of CPSVs from making any representation in writing
(including a representation on a label) or in any broad advertisement,
with respect to the energy use or efficiency or water use of a covered
product to which a test procedure is applicable, unless such product
has been tested in accordance with such test procedure and such
representation fairly discloses the results of such testing. (42 U.S.C.
6293(c))
NEEA further stated that if necessary, DOE should also consider
revisiting the definition for CPSV to ensure that manufacturers and
market actors are clear on which products must comply to avoid non-
compliance in the future. (NEEA, No. 6 at p. 1)
As explained in the June 2020 RFI and the December 2015 Final Rule,
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 the spray valve's actual use in conjunction
with commercial dishwashing and ware washing equipment. 85 FR 34541,
34543; 80 FR 81441, 81444. For example, a product
[[Page 27302]]
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 considered suitable for removing food residue from
food service items before cleaning them in commercial dishwashing or
ware washing equipment as compared to a product sold exclusively
through outlets catering to pet care. Id. 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. Id. 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.
In order to provide further certainty as to the definition of
``commercial prerinse spray valve'' DOE is proposing to amend the
definition to include previously provided guidance on determining
whether equipment is suitable for removing food residue from food
service items before cleaning them in commercial dishwashing or ware
washing equipment.
Specifically, DOE proposes to define a ``commercial prerinse spray
valve'' as ``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. DOE
may determine that a device is suitable for removing food residue from
food service items before cleaning them in commercial dishwashing or
ware washing equipment based on any or all of the following: (1)
Equipment design and representations (for example, whether equipment is
represented as being capable of rinsing dishes as compared to equipment
that is represented exclusively for washing walls and floors); (2)
Channels of marketing and sales (for example, whether equipment is
marketed or sold through outlets that market or sell to food service
entities); (3) Actual sales.''
The proposed amendment to the definition of ``commercial prerinse
spray valve'' is not intended to change the scope of the definition.
DOE is not proposing to cover equipment as a CPSV that is not already
covered under the current definition. The proposal would codify in the
CFR existing guidance on the application of the current definition. By
codifying the guidance, manufacturers would have further certainty as
to the application of the definition.
DOE requests comments on the proposed definition of CPSVs.
B. Updates to Industry Standards
Currently, DOE's test procedure for CPSVs at 10 CFR 431.263
incorporates by reference ASTM F2324-13. The specific sections of ASTM
F2324-13 that are applicable to the test method in 10 CFR 431.264 are
the test methods for measuring flow rate at sections 6.1 through 6.9
(except 6.4 and 6.7), 9.1 through 9.4, and 10.1 through 10.2.5 of ASTM
F2324-13. 10 CFR 431.264(b)(1). The DOE test procedure incorporates the
corresponding calculations in section 11.3.1 of ASTM F2343-13. For the
spray force test method, the DOE test procedure incorporates by
reference sections 6.2, 6.4 through 6.9, 9.1 through 9.5.3.2, and
10.3.1 through 10.3.8 of ASTM F2324-13. 10 CFR 431.264(b)(2).
Since publication of the December 2015 Final Rule, ASTM F2324-13
has been reaffirmed as the industry test procedure ASTM F2324-13
(2019). The 2019 version contains no changes from the 2013 version. In
the June 2020 RFI, DOE requested comment on updating the referenced
industry standard to ASTM F2324-13 (2019) and confirmation that this
change would not result in any changes to the DOE test procedure. 85 FR
34541, 34543. In response, PMI commented that it supports incorporating
the reaffirmed industry standard. (PMI, No. 5 at p. 4) DOE did not
receive any comments in opposition to this inquiry. In this NOPR, DOE
proposes to update the CPSV test procedure to reference the reaffirmed
industry standard, ASTM F2324-13 (2019).
DOE requests comments on its proposal to update 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.
C. Water Pressure
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'').\7\ In
the December 2015 Final Rule, DOE concluded that 60 psi is
representative of the water pressures observed across the nation, based
on review of water pressure data for commercial kitchens across the
U.S. 80 FR 81441, 81446-81447.
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\7\ The latest version of the industry standard, ASTM F2324-13
(2019), that DOE is proposing to incorporate by reference in this
document also specifies testing with a water pressure at 60 2 psi.
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In the June 2020 RFI, DOE requested comment or any data on whether
the test pressure of 60 2 psi continues to be
representative of the average U.S. water pressures in commercial
kitchen settings. 85 FR 34541, 34544.
CA IOUs and NEEA both commented that low water pressure is the
leading cause of reduced user satisfaction and can lead to consumers
seeking other products or retrofit alterations. (CA IOUs, No. 3 at p.
2; NEEA, No. 6 at p. 2) Citing that the range of pressures can vary, CA
IOUs and NEEA recommended reducing the test pressure to 40 psi to
ensure that CPSVs meet performance expectation for consumers with
below-average water pressure. (CA IOUs, No. 3 at p. 1-3; NEEA, No. 6 at
p. 2) CA IOUs stated that because flow rate increases with water
pressure, if CPSVs can meet performance expectations at the lowest
water pressure likely to be available in a building, then it is highly
likely that the CPSV will also meet performance requirements at the
higher water pressure. (CA IOUs, No. 3 at p. 2-3) CA IOUs and NEEA
stated that lower water test pressure would ensure consumer utility,
reduce user dissatisfaction, ensure higher retention rates of compliant
CPSVs (and low-flow CPSVs), and prevent customers from seeking out
higher flowrate valves instead. (CA IOUs, No. 3 at p. 1-3; NEEA, No. 6
at p. 2)
PMI commented that it believes the current test pressure of 60
2 psi is representative and it is not aware of any data or
market feedback that would warrant revising the current test pressure.
(PMI, No. 5 at p. 4)
As an accompaniment to the December 2015 Final Rule, DOE provided a
separate report titled ``Analysis of Water Pressure for Testing
Commercial Prerinse Spray Valves Final Report,'' \8\ in which DOE
collected data from studies that reported operating
[[Page 27303]]
pressures and flow rates for typical CPSV applications to determine the
representative water pressure for testing commercial prerinse spray
valves. The report concluded that although the flow rate of CPSVs can
vary by almost 40 percent when the water pressure changes from the
analyzed range of 40 psi to 80 psi, the weighted average flow rate for
CPSVs installed with varying supply pressures results in a 5-percent
decrease in flow rate as compared to the flow rate of a CPSV installed
with a water pressure of 60 psi. (Docket No. EERE-2014-BT-TP-0055-0008
at p. 4-5) Accordingly, DOE determined that 60 psi is sufficiently
representative of the water pressures CPSVs will experience in the
field. Id.
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\8\ The water pressure sensitivity analysis is available at
www.regulations.gov under docket number EERE-2014-BT-TP-0055.
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While CA IOUs and NEEA recommended updating the test pressure to 40
psi, neither provided any data to suggest 40 psi would be more
representative of an average use than 60 psi. Rather, DOE understands
that CA IOUs and NEEA recommended a change in test pressure to resolve
concerns regarding consumer satisfaction and consumer utility primarily
for low-flow CPSVs, especially at the lower end of the water pressure
range. However, as noted previously, water pressure can vary based on
the site of installation of CPSV. Testing a CPSV using a water pressure
that represents the average of a range of typical water pressures
provides a more representative result than testing at a single water
pressure at one end of the range (i.e., a lowest water pressure).
DOE did not receive any other comment or data suggesting a
different test pressure than 60 psi that is more representative of an
average use cycle. As discussed previously, the requirement in 10 CFR
431.264 to test at 60 2 psi is based on ASTM F2324-13,
which is an industry consensus standard. The ASTM industry-consensus
process includes input from a wide variety of national stakeholders.
For all the reasons DOE discussed in this section, DOE proposes to
maintain the current test pressure of 60 2 psi.
DOE requests additional data on water pressure for commercial
kitchens across the U.S.
D. Test Procedures Costs, Harmonization and Other Topics
1. Test Procedure Cost and Impact
In this NOPR, DOE proposes to amend the existing test procedure for
CPSVs by revising the definition of CPSV to clarify the scope and
updating the existing references to the reaffirmed industry standard.
DOE does not anticipate that the amendments proposed would impact test
costs because DOE has tentatively determined that the proposed
amendments would not be unduly burdensome for manufacturers to conduct
and would not result in any additional cost.
DOE proposes to amend the CPSV definition by codifying in the CFR
existing guidance on the application of the current definition. By
codifying the guidance, manufacturers would have further certainty as
to the application of the definition. This proposal would not change
the scope of the definition.
Currently, DOE's test procedure for CPSVs at 10 CFR 431.263
incorporates by reference ASTM F2324-13. In this NOPR, DOE proposes to
amend the existing test procedure for CPSVs by incorporating by
reference the reaffirmed version of the industry standard, ASTM F2324-
13 (2019). Incorporations of the reaffirmed industry standard would
harmonize DOE's test procedures with the current industry practice.
DOE has tentatively determined that manufacturers would be able to
rely on data generated under the current test procedure when certifying
CPSVs to DOE should any of these additional proposed amendments be
finalized.
DOE requests comment on its initial determination that
manufacturers would not incur any additional testing costs solely due
to the proposed amendments.
2. Harmonization With Industry Standards
DOE's established practice is to adopt relevant industry standards
as DOE test procedures unless such methodology would be unduly
burdensome to conduct or would not produce test results that reflect
the energy efficiency, energy use, water use (as specified in EPCA) or
estimated operating costs of that product during a representative
average use cycle or period of use. 42 U.S.C. 6293(b)(3)-(4); 10 CFR
431.4 and sec. 8(c) of appendix A to subpart C of part 430. In cases
where the industry standard does not meet EPCA statutory criteria for
test procedures, DOE will make modifications through the rulemaking
process to these standards in order to adopt them as the DOE test
procedure.\9\
---------------------------------------------------------------------------
\9\ On April 12, 2021, DOE published a NOPR which proposed
revisions to 10 CFR part 430 subpart C appendix A. 86 FR 18901.
---------------------------------------------------------------------------
The test procedures for CPSVs at 10 CFR 431.264 incorporates by
reference ASTM F2324-13. DOE noted in the December 2015 Final Rule that
there were some inconsistencies and sources of ambiguity in the
industry standard and therefore adopted several clarifications of minor
issues regarding the terminology used into DOE's test procedure at 10
CFR 431.264 to improve the repeatability and consistency of the test
procedure. 80 FR 81441, 81447. DOE has not proposed any updates to the
clarifying language that was adopted in the December 2015 Final Rule.
The industry standard DOE proposes to incorporate by reference via
amendments described in this document is discussed in further detail in
section III.B. DOE requests comments on the benefits and burdens of the
proposed update and existing additions to the industry standard
referenced in the test procedure for CPSVs.
DOE notes that the reaffirmed industry standard does not make any
changes to the previous industry standard. DOE is not aware of any
other industry test procedures relevant to CPSVs.
E. Compliance Date
EPCA prescribes that, if DOE amends a test procedure, all
representations of energy efficiency and energy use, including those
made on marketing materials and product labels, must be made in
accordance with that amended test procedure, beginning 180 days after
publication of such a test procedure final rule in the Federal
Register. (42 U.S.C. 6293(c)(2))
If DOE were to publish an amended test procedure, EPCA provides an
allowance for individual manufacturers to petition DOE for an extension
of the 180-day period if the manufacturer may experience undue hardship
in meeting the deadline. (42 U.S.C. 6293(c)(3)) To receive such an
extension, petitions must be filed with DOE no later than 60 days
before the end of the 180-day period and must detail how the
manufacturer will experience undue hardship. Id.
IV. Procedural Issues and Regulatory Review
A. Review Under Executive Order 12866
The Office of Management and Budget (``OMB'') has determined that
this test procedure rulemaking does not constitute a significant
regulatory action under section 3(f) of Executive Order (``E.O.'')
12866, Regulatory Planning and Review, 58 FR 51735 (Oct. 4, 1993).
Accordingly, this action was not subject to review under the Executive
Order by the Office of Information and Regulatory Affairs (``OIRA'') in
OMB.
B. Review Under the Regulatory Flexibility Act
The Regulatory Flexibility Act (5 U.S.C. 601 et seq.) requires
preparation
[[Page 27304]]
of an initial regulatory flexibility analysis (``IRFA'') for any rule
that by law must be proposed for public comment, 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, to ensure that the
potential impacts of its rules on small entities are properly
considered during the DOE rulemaking process. 68 FR 7990. DOE has made
its procedures and policies available on the Office of the General
Counsel's website: https://energy.gov/gc/office-general-counsel.
DOE initially concludes that the impacts of the test procedure
amendments proposed in this NOPR would not have a ``significant
economic impact on a substantial number of small entities,'' and that
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).
C. Review Under the Paperwork Reduction Act of 1995
Manufacturers of CPSVs must certify to DOE that their products
comply with any applicable energy conservation standards. To certify
compliance, manufacturers must first obtain test data for their
products according to the DOE test procedures, 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 CPSVs. (See
generally 10 CFR part 429) 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 35 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.
The amendment proposed in this NOPR, if made final, would not
impact the reporting burden for manufacturers of CPSVs.
D. Review Under the National Environmental Policy Act of 1969
In this proposed rule, DOE proposes test procedure amendments that
it expects will be used to develop and implement future energy
conservation standards for CPSVs. 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, DOE has determined that adopting test procedures for
measuring energy efficiency of consumer products and industrial
equipment is consistent with activities identified in 10 CFR part 1021,
appendix A to subpart D, secs. A5 and A6. Accordingly, neither an
environmental assessment nor an environmental impact statement is
required.
E. Review Under Executive Order 13132
Executive Order 13132, ``Federalism,'' 64 FR 43255 (Aug. 4, 1999)
imposes certain requirements on agencies formulating and implementing
policies or regulations that preempt State law or that have Federalism
implications. 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 it will follow in the development of such
regulations. 65 FR 13735. DOE has examined this proposed rule and has
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(d)) 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,'' 61 FR 4729 (Feb. 7, 1996), 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. Section 3(b) of Executive Order 12988
specifically requires that Executive agencies make every reasonable
effort to ensure that the regulation (1) clearly specifies the
preemptive effect, if any, (2) clearly specifies any effect on existing
Federal law or regulation, (3) provides a clear legal standard for
affected conduct while promoting simplification and burden reduction,
(4) specifies the retroactive effect, if any, (5) adequately defines
key terms, and (6) addresses 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 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,
the 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'')
requires each Federal agency to assess the effects of Federal
regulatory actions on State, local, and Tribal governments and the
private sector. Public Law 104-4, sec. 201 (codified at 2 U.S.C. 1531).
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 a written statement that estimates the
resulting costs, benefits, and other effects on the national economy.
(2 U.S.C. 1532(a), (b)) The UMRA also requires a Federal
[[Page 27305]]
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 small governments. On March 18,
1997, DOE published a statement of policy on its process for
intergovernmental consultation under UMRA. 62 FR 12820; also available
at https://energy.gov/gc/office-general-counsel. DOE examined this
proposed rule according to UMRA and its statement of policy and
determined that the rule contains neither an intergovernmental mandate,
nor a mandate that may result in the 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 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 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). Pursuant
to OMB Memorandum M-19-15, Improving Implementation of the Information
Quality Act (April 24, 2019), DOE published updated guidelines which
are available at https://www.energy.gov/sites/prod/files/2019/12/f70/DOE%20Final%20Updated%20IQA%20Guidelines%20Dec%202019.pdf. DOE has
reviewed this proposed rule under the 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 OMB,
a Statement of Energy Effects for any proposed significant energy
action. A ``significant energy action'' is defined as any action by an
agency that promulgated or is expected to lead to promulgation of a
final rule, and that (1)(i) is a significant regulatory action under
Executive Order 12866, or any successor order; and (ii) is likely to
have a significant adverse effect on the supply, distribution, or use
of energy; or (2) 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 should the proposal be implemented,
and of reasonable alternatives to the action and their expected
benefits on energy supply, distribution, and use.
The proposed regulatory action to amend the test procedure for
measuring the energy efficiency of CPSVs is not a significant
regulatory action under Executive Order 12866. Moreover, it would not
have a significant adverse effect on the supply, distribution, or use
of energy, nor has it been designated as a significant energy action by
the Administrator of OIRA. 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 Department of Energy Organization Act
(Pub. L. 95-91; 42 U.S.C. 7101), 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. (15 U.S.C. 788;
``FEAA'') Section 32 essentially provides in relevant part that, where
a proposed rule authorizes or requires use of commercial standards, the
notice of proposed rulemaking must inform the public of the use and
background of such standards. In addition, section 32(c) requires DOE
to consult with the 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 procedure for CPSVs would
incorporate testing methods contained in certain sections of the
following commercial standards: ASTM F2324-13. DOE has evaluated this
standard and is unable to conclude whether it fully complies with the
requirements of section 32(b) of the FEAA (i.e., whether it was
developed in a manner that fully provides for public participation,
comment, and review.) DOE will consult with both the Attorney General
and the Chairman of the FTC concerning the impact of these test
procedures on competition, prior to prescribing a final rule.
M. Description of Materials Incorporated by Reference
In this NOPR, DOE proposes to incorporate by reference the test
standard published by ASTM International, titled ``Standard Test Method
for Prerinse Spray Valves,'' ASTM F2324-13 (R2019). ASTM F2324-13
(R2019) is an industry-accepted test procedure that measures water flow
rate and spray force for CPSVs and is applicable to product sold in
North America. The test procedure proposed in this document references
various sections of ASTM F2324-13 (R2019) that address test setup,
instrumentation, test conduct, and calculations. ASTM F2324-13 (R2019)
is available at ASTM's website at www.astm.org/Standard/standards-and-publications.html.
V. Public Participation
A. Participation in the Webinar
The time and date of the webinar are listed in the DATES section at
the beginning of this document. Webinar registration information,
participant instructions, and information about the capabilities
available to webinar participants will be published on DOE's website:
https://www1.eere.energy.gov/buildings/appliance_standards/standards.aspx?productid=69&action=viewcurrent. Participants are
responsible for ensuring their systems are compatible with the webinar
software.
[[Page 27306]]
B. Procedure for Submitting Prepared General Statements for
Distribution
Any person who has an interest in the topics addressed in this
proposed rulemaking, or who is representative of a group or class of
persons that has an interest in these issues, may request an
opportunity to make an oral presentation at the webinar. Such persons
may submit requests to speak by email to: [email protected].
Persons who wish to speak should include with their request a computer
file in WordPerfect, Microsoft Word, PDF, or text (ASCII) file format
that briefly describes the nature of their interest in this rulemaking
and the topics they wish to discuss. Such persons should also provide a
daytime telephone number where they can be reached.
Persons requesting to speak should briefly describe the nature of
their interest in this rulemaking and provide a telephone number for
contact. DOE requests persons selected to make an oral presentation to
submit an advance copy of their statements at least two weeks before
the webinar. At its discretion, DOE may permit persons who cannot
supply an advance copy of their statement to participate, if those
persons have made advance alternative arrangements with the Building
Technologies Office. As necessary, requests to give an oral
presentation should ask for such alternative arrangements.
C. Conduct of the Webinar
DOE will designate a DOE official to preside at the webinar 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 webinar. There shall not be discussion of proprietary information,
costs or prices, market share, or other commercial matters regulated by
U.S. anti-trust laws. After the webinar and until the end of the
comment period, interested parties may submit further comments on the
proceedings and any aspect of the rulemaking.
The webinar will be conducted in an informal, conference style. DOE
will present summaries of comments received before the webinar, 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), before the discussion
of specific topics. DOE will allow, 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
webinar 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 above procedures that
may be needed for the proper conduct of the webinar.
A transcript of the webinar will be included in the docket, which
can be viewed as described in the Docket section at the beginning of
this document and will be accessible on the DOE website. In addition,
any person may buy a copy of the transcript from the transcribing
reporter.
D. Submissions of Comments
DOE will accept comments, data, and information regarding this
proposed rule no later than the date provided in the DATES section at
the beginning of this proposed rule. Interested parties may submit
comments using any of the methods described in the ADDRESSES section at
the beginning of this document.
Submitting comments via www.regulations.gov. The
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 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 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 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 www.regulations.gov
provides after you have successfully uploaded your comment.
Submitting comments via email. Comments and documents submitted via
email also will be posted to 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. No telefacsimiles (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
[[Page 27307]]
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. Pursuant 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 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. 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).
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 comments on the proposed definition of CPSVs.
(2) DOE requests comments on its proposal to update 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.
(3) DOE requests additional data on water pressure for commercial
kitchens across the U.S.
(4) DOE requests comment on its initial determination that
manufacturers would not incur any additional testing costs solely due
to the proposed amendments.
VI. Approval of the Office of the Secretary
The Secretary of Energy has approved publication of this proposed
rule.
List of Subjects in 10 CFR Part 431
Administrative practice and procedure, Confidential business
information, Energy conservation test procedures, Incorporation by
reference, and Reporting and recordkeeping requirements.
Signing Authority
This document of the Department of Energy was signed on May 3, 2021
by Kelly Speakes-Backman, Principal Deputy Assistant Secretary and
Acting Assistant Secretary for Energy Efficiency and Renewable Energy,
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 4, 2021.
Treena V. Garrett,
Federal Register Liaison Officer, U.S. Department of Energy.
For the reasons stated in the preamble, DOE is proposing to amend
part 431 of Chapter II of Title 10, Code of Federal Regulations as set
forth below:
PART 431--ENERGY EFFICIENCY PROGRAM FOR CERTAIN COMMERCIAL AND
INDUSTRIAL EQUIPMENT
0
1. The authority citation for part 431 continues to read as follows:
Authority: 42 U.S.C. 6291-6317; 28 U.S.C. 2461 note.
0
2. Section 431.262 is amended by revising the definition of
``Commercial prerinse spray valve'' to read as follows:
Sec. 431.262 Definitions.
* * * * *
Commercial prerinse spray valve means 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. DOE may determine that a device is suitable for
removing food residue from food service items before cleaning them in
commercial dishwashing or ware washing equipment based on any or all of
the following:
(1) Equipment design and representations (for example, whether
equipment is represented as being capable of rinsing dishes as compared
to equipment that is represented exclusively for washing walls and
floors);
(2) Channels of marketing and sales (for example, whether equipment
is marketed or sold through outlets that market or sell to food service
entities);
(3) Actual sales.
* * * * *
0
3. Section 431.263 is removed from under the undesignated center
heading ``Test Procedures'' and revised to read as follows:
Sec. 431.263 Materials incorporated by reference.
(a) Certain material is incorporated by reference into this subpart
with the approval of the Director of the Federal Register in accordance
with 5 U.S.C. 552(a) and 1 CFR part 51. To enforce any edition other
than that specified in this section, DOE must publish a document in the
Federal Register and the material must be available to the public. All
approved material is available for inspection at the 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) 586-1445, or email: [email protected]">ApplianceStandards[email protected], and may be obtained from the other sources in
this section. It is also available for inspection at the National
Archives and Records Administration (NARA). For information on the
availability of this material at NARA, email: [email protected], or
go to: www.archives.gov/federal-register/cfr/ibr-locations.html.
(b) ASTM, International. 100 Barr Harbor Drive, P.O. Box C700, West
Conshohocken, PA 19428-2959, (610) 832-9585, or go to www.astm.org.
(1) ASTM Standard F2324-13 (R2019), (``ASTM F2324''),``Standard
Test Method for Prerinse Spray Valves,'' Reapproved 2019; IBR approved
for Sec. 431.264.
(2) [Reserved]
0
4. Section 431.264 is amended by revising paragraph (b) to read as
follows:
Sec. 431.264 Uniform test method to measure flow rate and spray force
of commercial prerinse spray valves.
* * * * *
(b) Testing and calculations for a unit with a single spray
setting. (1) Flow Rate.
(i) Test each unit in accordance with the requirements of sections
6.1 through 6.9 (Apparatus) (except 6.4 and 6.7), 9.1 through 9.4
(Preparation of Apparatus), and 10.1 through 10.2.5 (Procedure) of ASTM
F2324, (incorporated by reference, see Sec. 431.263). Precatory
language in ASTM F2324 is to be treated as mandatory for the purpose of
testing. In section 9.1 of ASTM F2324, the
[[Page 27308]]
second instance of ``prerinse spray valve'' refers to the spring-style
deck-mounted prerinse unit defined in section 6.8. In lieu of using
manufacturer installation instructions or packaging, always connect the
commercial prerinse spray valve to the flex tubing for testing.
Normalize the weight of the water to calculate flow rate using Equation
1, where Wwater is the weight normalized to a 1 minute time
period, W1 is the weight of the water in the carboy at the
conclusion of the flow rate test, and t1 is the total
recorded time of the flow rate test.
[GRAPHIC] [TIFF OMITTED] TP20MY21.000
(ii) Perform calculations in accordance with section 11.3.1
(Calculation and Report). Record the water temperature ([deg]F) and
dynamic water pressure (psi) once at the start for each run of the
test. Record the time (min), the normalized weight of water in the
carboy (lb) and the resulting flow rate (gpm) once at the end of each
run of the test. Record flow rate measurements of time (min) and weight
(lb) at the resolutions of the test instrumentation. Perform three runs
on each unit, as specified in section 10.2.5 of ASTM F2324, but
disregard any references to Annex A1. Then, for each unit, calculate
the mean of the three flow rate values determined from each run. Round
the final value for flow rate to two decimal places and record that
value.
(2) Spray force. Test each unit in accordance with the test
requirements specified in sections 6.2 and 6.4 through 6.9 (Apparatus),
9.1 through 9.5.3.2 (Preparation of Apparatus), and 10.3.1 through
10.3.8 (Procedure) of ASTM F2324. In section 9.1 of ASTM F2324, the
second instance of ``prerinse spray valve'' refers to the spring-style
deck-mounted prerinse unit defined in section 6.8. In lieu of using
manufacturer installation instructions or packaging, always connect the
commercial prerinse spray valve to the flex tubing for testing. Record
the water temperature ([deg]F) and dynamic water pressure (psi) once at
the start for each run of the test. In order to calculate the mean
spray force value for the unit under test, there are two measurements
per run and there are three runs per test. For each run of the test,
record a minimum of two spray force measurements and calculate the mean
of the measurements over the 15-second time period of stabilized flow
during spray force testing. Record the time (min) once at the end of
each run of the test. Record spray force measurements at the resolution
of the test instrumentation. Conduct three runs on each unit, as
specified in section 10.3.8 of ASTM F2324, but disregard any references
to Annex A1. Ensure the unit has been stabilized separately during each
run. Then for each unit, calculate and record the mean of the spray
force values determined from each run. Round the final value for spray
force to one decimal place.
* * * * *
[FR Doc. 2021-09708 Filed 5-19-21; 8:45 am]
BILLING CODE 6450-01-P