[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
------------------------------------------------------------------------
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.
------------------------------------------------------------------------

    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