Energy Conservation Program: Test Procedures for Water Closets and Urinals, 37970-37974 [2019-16548]
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37970
Proposed Rules
Federal Register
Vol. 84, No. 150
Monday, August 5, 2019
This section of the FEDERAL REGISTER
contains notices to the public of the proposed
issuance of rules and regulations. The
purpose of these notices is to give interested
persons an opportunity to participate in the
rule making prior to the adoption of the final
rules.
DEPARTMENT OF ENERGY
10 CFR Part 430
[EERE–2017–BT–TP–0028]
Energy Conservation Program: Test
Procedures for Water Closets and
Urinals
Office of Energy Efficiency and
Renewable Energy, Department of
Energy.
ACTION: Request for information.
AGENCY:
The U.S. Department of
Energy (DOE) is initiating a data
collection process, through this request
for information (RFI), to consider
whether to amend DOE’s test
procedures for water closets and urinals.
To inform interested parties and to
facilitate this process, DOE has gathered
data, identifying several issues
associated with the currently applicable
test procedures on which DOE is
interested in receiving comment. The
issues outlined in this document
concern water closets and urinals,
specifically whether to conform the test
procedures to American Society of
Mechanical Engineers/American
National Standards Institute (‘‘ASME/
ANSI’’) Standard A112.19.2–2018,
‘‘Ceramic plumbing fixtures,’’ including
updates to terms and definitions,
figures, and tables. DOE welcomes
written comments from the public on
any subject within the scope of this
document (including topics not raised
in this RFI) and any additional topics
that may inform DOE’s decisions in a
future test procedure rulemaking,
including methods to reduce regulatory
burden while ensuring the procedure is
reasonably designed to produce results
that measure water use or efficiency
during a representative average use
cycle or period of use.
DATES: Written comments, data, and
information are requested and will be
accepted on or before September 4,
2019.
ADDRESSES: Interested persons are
encouraged to submit comments using
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SUMMARY:
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the Federal eRulemaking Portal at
https://www.regulations.gov. Follow the
instructions for submitting comments.
Alternatively, interested persons may
submit comments, identified by docket
number EERE–2017–BT–TP–0028, by
any of the following methods:
1. Federal eRulemaking Portal:
https://www.regulations.gov. Follow the
instructions for submitting comments.
2. Email:
PlumbingProducts2017TP0028@
ee.doe.gov. Include the docket number
EERE–2017–BT–TP–0028 in the subject
line of the message.
3. Postal Mail: Appliance and
Equipment Standards Program, U.S.
Department of Energy, Building
Technologies Office, Mailstop EE–5B,
1000 Independence Avenue SW,
Washington, DC 20585–0121.
Telephone: (202) 287–1445. If possible,
please submit all items on a compact
disc (‘‘CD’’), in which case it is not
necessary to include printed copies.
4. Hand Delivery/Courier: Appliance
and Equipment Standards Program, U.S.
Department of Energy, Building
Technologies Office, 950 L’Enfant Plaza
SW, Suite 600, Washington, DC 20024.
Telephone: (202) 287–1445. If possible,
please submit all items on a CD, in
which case it is not necessary to include
printed copies.
No telefacsimilies (faxes) will be
accepted. For detailed instructions on
submitting comments and additional
information on the rulemaking process,
see section III of this document.
Docket: The docket for this activity,
which includes Federal Register
notices, comments, and other
supporting documents/materials, is
available for review at https://
www.regulations.gov. All documents in
the docket are listed in the https://
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://energy.gov/eere/buildings/
standards-and-test-procedures. The
docket web page will contain simple
instructions on how to access all
documents, including public comments,
in the docket. See section III for
information on how to submit
comments through https://
www.regulations.gov.
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Ms.
Lucy deButts, U.S. Department of
Energy, Office of Energy Efficiency and
Renewable Energy, Building
Technologies Program, EE–5B, 1000
Independence Avenue SW, Washington,
DC 20585–0121. Telephone: (202) 287–
1604. Email:
ApplianceStandardsQuestions@
ee.doe.gov.
Ms. Jennifer Tiedeman, U.S.
Department of Energy, Office of the
General Counsel, GC– 33, 1000
Independence Avenue SW, Washington,
DC 20585–0121. Telephone: (202) 287–
6111. Email: Jennifer.Tiedeman@
hq.doe.gov.
For further information on how to
submit a comment, review other public
comments and the docket, or participate
in the public meeting, contact the
Appliance and Equipment Standards
Program staff at (202) 287–1445 or by
email: ApplianceStandardsQuestions@
ee.doe.gov.
SUPPLEMENTARY INFORMATION:
FOR FURTHER INFORMATION CONTACT:
Table of Contents
I. Introduction
A. Authority and Background
B. Rulemaking History
II. Request for Information
A. Scope and Definitions
B. Test Procedure
C. Other Test Procedure Topics
III. Submission of Comments
I. Introduction
Water closets and urinals are included
in the list of ‘‘covered products’’ for
which DOE is authorized to establish
and amend water use standards and test
procedures. (42 U.S.C. 6292(a)(17) and
(18)) DOE’s test procedures for water
closets and urinals are prescribed at 10
CFR 430.23(u) and (v), respectively, and
10 CFR part 430 subpart B appendix T
(‘‘Appendix T’’). The following sections
discuss DOE’s authority to establish and
amend test procedures for water closets
and urinals, as well as relevant
background information regarding
DOE’s consideration of test procedures
for these products.
A. Authority and Background
The Energy Policy and Conservation
Act of 1975, as amended (‘‘EPCA’’),1
among other things, authorizes DOE to
1 All references to EPCA in this document refer
to the statute as amended through America’s Water
Infrastructure Act of 2018, Public Law 115–270
(October 23, 2018).
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Federal Register / Vol. 84, No. 150 / Monday, August 5, 2019 / Proposed Rules
regulate the energy efficiency or water
use, of a number of consumer products
and industrial equipment. (42 U.S.C.
6291–6317) Title III, Part B 2 of EPCA
establishes the Energy Conservation
Program for Consumer Products Other
Than Automobiles, which sets forth a
variety of provisions designed to
improve energy efficiency or water use.
These products include water closets
and urinals, the subject of this RFI. (42
U.S.C. 6292(a)(17) and (18))
The energy conservation program
under EPCA, which includes water use
requirements, consists essentially of
four parts: (1) Testing, (2) labeling, (3)
Federal energy conservation standards,3
and (4) certification and enforcement
procedures. Relevant provisions of the
Act specifically include definitions (42
U.S.C. 6291), energy conservation
standards (42 U.S.C. 6295), test
procedures (42 U.S.C. 6293), labeling
provisions (42 U.S.C. 6294), and the
authority to require information and
reports from manufacturers (42 U.S.C.
6296).
Federal energy efficiency and water
use requirements for covered products
established under EPCA generally
supersede State laws and regulations
concerning energy conservation testing,
labeling, and standards. (See 42 U.S.C.
6297) DOE may, however, grant waivers
of Federal preemption for particular
State laws or regulations, in accordance
with the procedures and other
provisions of EPCA. (42 U.S.C. 6297(d))
The Federal testing requirements
consist of test procedures that
manufacturers of covered products must
use as the basis for: (1) certifying to DOE
that their products comply with the
applicable energy conservation
standards adopted pursuant to EPCA (42
U.S.C. 6295(s)), and (2) making certain
other representations about the water
use of those products. (42 U.S.C.
6293(c)) Similarly, DOE must use these
test procedures to determine whether
the products comply with relevant
standards promulgated under EPCA. (42
U.S.C. 6295(s))
Under 42 U.S.C. 6293, EPCA sets forth
the criteria and procedures DOE must
follow when prescribing or amending
test procedures for covered products.
EPCA requires that any test procedures
prescribed or amended under this
section be reasonably designed to
produce test results which measure
energy efficiency, energy use, water use,
or estimated annual operating cost of a
2 For editorial reasons, upon codification in the
U.S. Code, Part B was re-designated Part A.
3 The term ‘‘energy conservation standard’’
includes water use standards for showerheads,
faucets, water closets, and urinals. (42 U.S.C.
6291(6)(A))
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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)) In addition, if
DOE determines that a test procedure
amendment is warranted, it must
publish proposed test procedures and
offer the public an opportunity to
present oral and written comments on
them. (42 U.S.C. 6293(b)(2))
EPCA directs that the test procedures
for water closets and urinals are to be
the test procedures specified in ASME/
ANSI A112.19.6–1990, ‘‘Hydraulic
Requirements for Water Closets and
Urinals’’ (ASME A112.19.6–1990). (42
U.S.C. 6293(b)(8)(A)) EPCA further
directs that, if the requirements of
ASME A112.19.6–1990 are revised at
any time and approved by ANSI, DOE
must amend the Federal test procedures
to conform to the revised ASME
standard, unless DOE determines by
rule that to do so would not meet the
requirements of EPCA that the test
procedures be reasonably designed to
produce test results which measure
water use during a representative
average use cycle as determined by
DOE, and not be unduly burdensome to
conduct. (42 U.S.C. 6293(b)(8)(B))
EPCA also requires that, at least once
every 7 years, DOE evaluate the test
procedures for each type of covered
product, including water closets and
urinals, to determine whether amended
test procedures would more accurately
or fully comply with the requirements
for the test procedures to be reasonably
designed to produce test results that
reflect water use and estimated
operating costs during a representative
average use cycle or period of use and
not to be unduly burdensome to
conduct. (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. 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 or
water use or energy efficiency of the
type (or class) of covered products
involved. Id. If DOE determines that test
procedure revisions are not appropriate,
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DOE must publish its determination not
to amend the test procedures. DOE is
publishing this RFI to collect data and
information to inform a potential test
procedure rulemaking in response to
revisions to the ASME standard and
pursuant to the 7-year review
requirement specified in EPCA. (42
U.S.C. 6293(b)(8)(B); 42 U.S.C.
6293(b)(1)(A))
B. Rulemaking History
DOE’s current test procedures for
water closets and urinals are found in
10 CFR 430.23(u) and (v), respectively,
and Appendix T. DOE initially
established test procedures for water
closets and urinals in a final rule
published March 8, 1998, which
incorporated by reference ASME
A112.19.6–1995, then the most recent
revision of those requirements. 63 FR
13308.
DOE last amended the test procedures
for water closets and urinals on October
23, 2013, (‘‘October 2013 TP final rule’’).
78 FR 62970. In that final rule, DOE
incorporated by reference ASME
A112.19.2–2008, ‘‘Ceramic Plumbing
Fixtures,’’ including Update No. 1,
dated August 2009, and Update No. 2,
dated March 2011 (ASME A112.19.2–
2008). ASME A112.19.2–2008 is a
consolidation and revision of several
documents, including a revised version
of the document previously
incorporated by reference, ASME A112,
19.6–1995.
In 2013, ASME revised ASME
A112.19.2–2008 by issuing ASME
A112.19.2–2013, ‘‘Ceramic Plumbing
Fixtures.’’ In October 2013 ASME
published Update 1 for ASME
A112.19.2–2013 (‘‘ASME A112.19.2–
2013’’ refers to both the initial
document and Update 1). Because of the
timing of the issuance of ASME
112.19.2–2013, DOE did not consider it
in the October 2013 TP final rule. In
2018, ASME revised ASME A112.19.2–
2013 by publishing ASME A112.19.2–
2018 (‘‘ASME A112.19.2–2018’’ refers to
the initial document and the October
2018 errata). ASME A112.19.2–2018
does not contain any substantive
differences compared to ASME
A112.19.2–2013 with regards to the test
method for water consumption.
II. Request for Information
In the following sections, DOE has
identified a variety of issues on which
it seeks input to aid in the development
of the technical and economic analyses
regarding whether amended test
procedures for water closets and urinals
may be warranted. DOE requests
comment on any opportunities to
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streamline and simplify testing
requirements for these products.
Additionally, DOE welcomes
comments on other issues relevant to
the conduct of this process. In
particular, DOE notes that under
Executive Order 13771, ‘‘Reducing
Regulation and Controlling Regulatory
Costs,’’ Executive Branch agencies such
as DOE are directed to manage the costs
associated with the imposition of
expenditures required to comply with
Federal regulations. See 82 FR 9339
(Feb. 3, 2017). Accordingly, DOE
encourages the public to provide input
on measures DOE could take to lower
the cost of its regulations applicable to
water closets and urinals consistent
with the requirements of EPCA.
A. Scope and Definitions
DOE regulations both define and set
standards for water closets and urinals.
DOE regulations define ‘‘water closet’’
as a plumbing fixture that has a watercontaining receptor that receives liquid
and solid body waste, and upon
actuation, conveys the waste through an
exposed integral trap seal into a gravity
drainage system, except such term does
not include fixtures designed for
installation in prisons. 10 CFR 430.2. In
addition, DOE regulations specify
standards for gravity tank-type toilets,
flushometer tank toilets,
electromechanical hydraulic toilets, and
blowout toilets. 10 CFR 430.32(q). DOE
regulations define ‘‘urinal’’ as a
plumbing fixture that receives only
liquid body waste and, on demand,
conveys the waste through a trap seal
into a gravity drainage system, except
such term does not include fixtures
designed for installations in prisons. 10
CFR 430.2. In addition, DOE’s
regulations specify standards for
urinals, including trough-type urinals.
10 CFR 430.32(r).
Several terms and definitions in
ASME A112.19.2–2018 related to water
closets and urinals vary from those in
DOE regulations, including terms not
defined in 10 CFR 430.2. Two such
terms relate to products that use
electricity to remove waste. First, EPCA
and DOE regulations use the term
‘‘electromechanical hydraulic toilets’’ as
the name of a product class subject to
standards at 42 U.S.C. 6295(k) and 10
CFR 430.32(q), respectively, and DOE
defines the term in 10 CFR 430.2. ASME
Standard A112.19.2–2018, on the other
hand, uses the term ‘‘electro-hydraulic
water closet,’’ with a different
definition. DOE defines
‘‘electromechanical hydraulic toilet’’ as
a water closet that utilizes electrically
operated devices such as, but not
limited to, air compressors, pumps,
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solenoids, motors, or macerators in
place of or to aid gravity in evacuating
waste from the toilet. 10 CFR 430.2.
ASME defines ‘‘electro-hydraulic water
closet’’ as a water closet with a nonmechanical trap seal incorporating an
electric motor and controller to facilitate
flushing. ASME A112.19.2–2018. Both
definitions include an electric motor as
a mechanism to remove waste; however,
DOE views the scope of the term
‘‘electromechanical hydraulic toilet’’ as
broader because it also includes other
electrically operated devices.
Similarly, two varying terms relate to
blowout products.4 As with the term
‘‘electromechanical hydraulic toilets,’’
EPCA and DOE regulations use the term
‘‘blowout toilet’’ as the name of a
product class subject to its conservation
standards, while ASME A112.19.2–2018
uses the term ‘‘blowout bowl.’’
Although the terms are not identical,
their definitions are similar. DOE
defines ‘‘blowout toilet’’ as a water
closet that uses a non-siphonic bowl
with an integral flushing rim, a trap at
the rear of the bowl, and a visible or
concealed jet that operates with a
blowout action. 10 CFR 430.2. ASME
defines ‘‘blowout bowl’’ as a nonsiphonic water closet with an integral
flushing rim, a trap at the rear of the
bowl, and a visible or concealed jet that
operates with a blowout action. ASME
A112.19.2–2018. The only difference
between these two definitions is that
DOE’s definition uses the phrase ‘‘water
closet that uses a non-siphonic bowl,’’
while ASME’s definition uses the
phrase ‘‘non-siphonic water closet.’’
DOE understands these two terms to be
synonymous.
In addition, Appendix T uses the
terms ‘‘gravity flush tank water closet’’
and ‘‘siphonic bowl,’’ which are defined
in ASME A112.19.2–2018 but not
defined in DOE regulations.
Aside from the definitional issues
arising from revisions to the ASME
standard, DOE notes that DOE energy
conservation standards for urinals,
codified at 10 CFR 430.32(r), use the
term ‘‘trough-type.’’ However, neither
DOE regulations nor ASME A112.19.2–
2018 define this term.
DOE requests information and
comment on the following terms and
definitions.
1. Whether the term ‘‘electrohydraulic water closet’’ as defined in
ASME A112.19.2–2018 is understood to
include the same products as the term
‘‘electromechanical hydraulic toilet,’’
i.e., whether any products meet one
4 The term ‘‘blowout’’ refers to the flushing action
produced by a jet of water in the outlet passage for
rapid evacuation of the bowl.
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definition but not the other. DOE
requests comment on the potential
impact, including to testing burden, of
adopting the term ‘‘electro-hydraulic
water closet’’ and the corresponding
definition in ASME A112.19.2–2018, as
compared to maintaining the current
DOE term ‘‘electromechanical water
closet’’ and its definition in 10 CFR
430.2.
2. Whether the term ‘‘blowout bowl’’
in ASME A112.19.2–2018 is understood
to include the same products as the term
‘‘blowout toilet’’ in DOE regulations,
i.e., whether any products meet one
definition but not the other. DOE
requests comment on the potential
impact to the testing burden of adopting
the term ‘‘blowout bowl’’ and the
corresponding definition in ASME
A112.19.2–2018 as compared to
maintaining the current DOE term
‘‘blowout toilet’’ and the definition in
10 CFR 430.2.
3. Whether the definitions of the
terms ‘‘gravity flush tank water closet’’
and ‘‘siphonic bowl’’ in ASME
A112.19.2–2018 are consistent with
how industry has understood and
applied those terms under DOE
regulations. DOE requests comment on
the potential impact to the testing
burden of adopting the ASME
A112.19.2–2018 definitions of ‘‘gravity
flush tank water closet’’ and ‘‘siphonic
bowl.’’
4. How to define the term ‘‘troughtype’’ urinal and whether there is an
industry definition for this term.
5. How any definitional changes to
conform the terms in DOE test
procedures with those in ASME
A112.19.2–2018 could change the scope
of the products subject to the test
procedure or standards, or impact the
repeatability and reproducibility of the
test procedure and its ability to reflect
a representative average use cycle or
period of use.
B. Test Procedures
Currently, DOE’s test procedures for
water closets and urinals in Appendix T
incorporate by reference ASME
A112.19.2–2008,5 sections 7.1, 7.1.1,
7.1.2, 7.1.3, 7.1.4, 7.1.5, 7.4, 8.2, 8.2.1,
8.2.2, 8.2.3, 8.6, Table 5, and Table 6.
These sections and tables provide
procedures for testing and measuring
water consumption, specifications for
test apparatus, and other general
requirements for water closets and
urinals.
ASME A112.19.2–2018 included the
following amendments to pertinent
sections of the 2008 version currently
5 This includes Update No. 1, dated August 2009,
and Update No. 2, dated March 2011.
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incorporated into 10 CFR part 430: (1)
Editorial changes and/or clarification in
sections 7.1.2, 7.3.2,6 8.6.4, and Figure
12; (2) a correction in section 8.2.1 to
the water consumption static test
pressure value for urinals to reflect the
corresponding value in Table 6; and (3)
additions to Table 5 that do not appear
to be relevant to the water consumption
test for water closets.
Because DOE views these
amendments as clarifications and minor
technical corrections, DOE has
tentatively determined that the
amendments would not impact (1) the
measured values of water use for water
closets and urinals under Appendix T,
(2) the representativeness of the results,
or (3) the test burden. DOE requests
comment on the validity of these
tentative conclusions. If commenters
believe that the amendments, if
adopted, would impact measured values
of water use under the test procedure,
DOE is interested in data and
information on the nature and extent of
any such impact.
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C. Other Test Procedure Topics
In addition to the issues identified
earlier in this document, DOE welcomes
comment on any other aspect of the
existing test procedures for water closets
and urinals. DOE recently issued an RFI
to seek more information on whether its
test procedures are reasonably designed,
as required by EPCA, to produce results
that measure the energy use or
efficiency of a product during a
representative average use cycle or
period of use. 84 FR 9721 (Mar. 18,
2019). DOE seeks comment on this issue
as it pertains to the test procedure for
water closets and urinals. DOE also
seeks any information that would
improve the repeatability and
reproducibility of its test procedures.
As noted above, DOE also requests
comments on its tentative conclusion
that the adoption of the amendments
discussed would not result in a test
procedure that is unduly burdensome to
conduct, particularly in light of any new
products on the market since the last
test procedure update. If commenters
believe that the adoption of the
amendments would result in a
procedure that is, in fact, unduly
burdensome to conduct, DOE seeks
information on whether an existing
6 In the 2013 version of the ASME A112.19.2
standard, section 7.3 is the ‘‘Water consumption
test’’ section and section 7.4 is the ‘‘Trap seal
restoration test’’ section. In the 2018 version of the
ASME A112.19.2 standard, these two sections were
reorganized: Section 7.3 is now the ‘‘Trap seal
restoration test’’ section and section 7.4 is the
‘‘Water consumption test’’ section.
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private sector-developed test procedure
would be more appropriate.
DOE also requests comment on the
benefits and burdens of adopting any
industry/voluntary consensus-based or
other appropriate test procedure,
without modification. As discussed, the
current test procedures for water closets
and urinals in Appendix T incorporate
by reference ASME A112.19.2–2008,
sections 7.1, 7.1.1, 7.1.2, 7.1.3, 7.1.4,
7.1.5, 7.4, 8.2, 8.2.1, 8.2.2, 8.2.3, 8.6,
Table 5, and Table 6. Other portions of
the standard contain general
requirements for plumbing fixtures and
their components, and test methods for
characteristics other than water
consumption, such as material, finishes,
structural integrity, and specific
component functionalities. In order to
improve repeatability of the test
procedures and the accuracy of reported
values, Appendix T also provides
additional direction regarding the
resolution of the recorded values;
rounding of recorded and calculated
values; and test set-up as it relates to
manufacturer installation instructions.
DOE seeks comment on whether these
additional directions are necessary to
ensure that the test procedure is
reasonably designed to measure the
water use of water closets and urinals
during a representative average use
cycle or period of use.
Additionally, DOE requests comment
on whether the existing test procedures
limit a manufacturer’s ability to provide
additional features to consumers on
water closets and urinals. DOE
particularly seeks information on how
the test procedures could be amended to
reduce the cost of new or additional
features and make it more likely that
such features are included on water
closets and urinals while still meeting
the requirements of EPCA. DOE also
requests comments on any potential
amendments to the existing test
procedures that would address impacts
on manufacturers, including small
businesses.
Finally, DOE recently published an
RFI on the emerging smart technology
appliance and equipment market. 83 FR
46886 (Sept. 17, 2018). In that RFI, DOE
sought information to better understand
market trends and issues in the
emerging market for appliances and
commercial equipment that incorporate
smart technology. DOE’s intent in
issuing the RFI was to ensure that DOE
did not inadvertently impede such
innovation in fulfilling its statutory
obligations in setting efficiency
standards for covered products and
equipment. DOE seeks comments, data
and information on the issues presented
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in the RFI as they may be applicable to
water closets and urinals.
III. Submission of Comments
DOE invites all interested parties to
submit in writing by September 4, 2019,
comments and information on matters
addressed in this notice and on other
matters relevant to DOE’s consideration
of amended test procedures for water
closets and urinals. These comments
and information will aid in the
development of a test procedure notice
of proposed rulemaking for water
closets and urinals if DOE determines
that amended test procedures may be
appropriate for these products.
Submitting comments via https://
regulations.gov. The https://
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
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Do not submit to https://
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DOE processes submissions made
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before posting. Normally, comments
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being submitted. However, if large
E:\FR\FM\05AUP1.SGM
05AUP1
jspears on DSK3GMQ082PROD with PROPOSALS
37974
Federal Register / Vol. 84, No. 150 / Monday, August 5, 2019 / Proposed Rules
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 https://
www.regulations.gov provides after you
have successfully uploaded your
comment.
Submitting comments via email, hand
delivery, or mail. Comments and
documents submitted via email, hand
delivery, or mail also will be posted to
https://www.regulations.gov. If you do
not want your personal contact
information to be publicly viewable, do
not include it in your comment or any
accompanying documents. Instead,
provide your contact information on a
cover letter. Include your first and last
names, email address, telephone
number, and optional mailing address.
The cover letter will not be publicly
viewable as long as it does not include
any comments.
Include contact information each time
you submit comments, data, documents,
and other information to DOE. If you
submit via mail or hand delivery, please
provide all items on a CD, if feasible. It
is not necessary to submit printed
copies. No facsimiles (faxes) will be
accepted.
Comments, data, and other
information submitted to DOE
electronically should be provided in
portable document format (‘‘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
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should carry the electronic signature of
the author.
Campaign form letters. Please submit
campaign form letters by the originating
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reduces comment processing and
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Confidential Business Information.
According to 10 CFR 1004.11, any
person submitting information that he
or she believes to be confidential and
exempt by law from public disclosure
should submit via email, postal mail, or
hand delivery two well-marked copies:
one copy of the document marked
confidential including all the
information believed to be confidential,
and one copy of the document marked
‘‘non-confidential’’ with the information
believed to be confidential deleted.
Submit these documents via email or on
a CD, if feasible. DOE will make its own
determination about the confidential
VerDate Sep<11>2014
18:40 Aug 02, 2019
Jkt 247001
status of the information and treat it
according to its determination.
Factors of interest to DOE when
evaluating requests to treat submitted
information as confidential include (1) a
description of the items, (2) whether
and why such items are customarily
treated as confidential within the
industry, (3) whether the information is
generally known by or available from
other sources, (4) whether the
information has previously been made
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concerning its confidentiality, (5) an
explanation of the competitive injury to
the submitting person which would
result from public disclosure, (6) when
such information might lose its
confidential character due to the
passage of time, and (7) why disclosure
of the information would be contrary to
the public interest.
It is DOE’s policy that all comments
may be included in the public docket,
without change and as received,
including any personal information
provided in the comments (except
information deemed to be exempt from
public disclosure).
DOE considers public participation to
be a very important part of the process
for developing test procedures and
energy conservation standards. DOE
actively encourages the participation
and interaction of the public during the
comment period in each stage of the
process. Interactions with and between
members of the public provide a
balanced discussion of the issues and
assist DOE in the process. Anyone who
wishes to be added to the DOE mailing
list to receive future notices and
information about this rulemaking
should contact Appliance and
Equipment Standards Program staff at
(202) 287–1445 or via email at
ApplianceStandardsQuestions@
ee.doe.gov.
Signed in Washington, DC, on July 24,
2019.
Alexander N. Fitzsimmons,
Acting Deputy Assistant Secretary for Energy
Efficiency, Energy Efficiency and Renewable
Energy.
[FR Doc. 2019–16548 Filed 8–2–19; 8:45 am]
BILLING CODE 6450–01–P
PO 00000
Frm 00005
Fmt 4702
Sfmt 4702
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA–2019–0560; Product
Identifier 2018–CE–056–AD]
RIN 2120–AA64
Airworthiness Directives; Glasflugel
Gliders
Federal Aviation
Administration (FAA), Department of
Transportation (DOT).
ACTION: Notice of proposed rulemaking
(NPRM).
AGENCY:
We propose to supersede
Airworthiness Directive (AD) 2018–21–
04 for Glasflugel Models Club Libelle
205, H 301 ‘‘Libelle,’’ H 301B ‘‘Libelle,’’
Kestrel, Mosquito, Standard ‘‘Libelle,’’
and Standard Libelle-201B gliders. This
proposed AD results from mandatory
continuing airworthiness information
(MCAI) originated by an aviation
authority of another country to identify
and correct an unsafe condition on an
aviation product. The MCAI describes
the unsafe condition as jamming
between the double two-ring end of the
towing cable and the deflector angles of
the center of gravity (C.G.) release
mechanism. We are issuing this
proposed AD to require actions to
address the unsafe condition on these
products.
DATES: We must receive comments on
this proposed AD by September 19,
2019.
ADDRESSES: You may send comments by
any of the following methods:
• Federal eRulemaking Portal: Go to
https://www.regulations.gov. Follow the
instructions for submitting comments.
• Fax: (202) 493–2251.
• Mail: U.S. Department of
Transportation, Docket Operations, M–
30, West Building Ground Floor, Room
W12–140, 1200 New Jersey Avenue SE,
Washington, DC 20590.
• Hand Delivery: U.S. Department of
Transportation, Docket Operations, M–
30, West Building Ground Floor, Room
W12–140, 1200 New Jersey Avenue SE,
Washington, DC 20590, between 9 a.m.
and 5 p.m., Monday through Friday,
except Federal holidays.
For service information identified in
this proposed AD, contact Glasfaser
Flugzeug-Service GmbH, Hansjorg
Streifeneder, Hofener Weg 61, 72582
Grabenstetten, Germany; phone: +49
(0)7382/1032; fax: +49 (0)7382/1629;
email: info@streifly.de; internet: https://
www.streifly.de/kontakt-e.htm. You may
review copies of the referenced service
SUMMARY:
E:\FR\FM\05AUP1.SGM
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Agencies
[Federal Register Volume 84, Number 150 (Monday, August 5, 2019)]
[Proposed Rules]
[Pages 37970-37974]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-16548]
========================================================================
Proposed Rules
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains notices to the public of
the proposed issuance of rules and regulations. The purpose of these
notices is to give interested persons an opportunity to participate in
the rule making prior to the adoption of the final rules.
========================================================================
Federal Register / Vol. 84, No. 150 / Monday, August 5, 2019 /
Proposed Rules
[[Page 37970]]
DEPARTMENT OF ENERGY
10 CFR Part 430
[EERE-2017-BT-TP-0028]
Energy Conservation Program: Test Procedures for Water Closets
and Urinals
AGENCY: Office of Energy Efficiency and Renewable Energy, Department of
Energy.
ACTION: Request for information.
-----------------------------------------------------------------------
SUMMARY: The U.S. Department of Energy (DOE) is initiating a data
collection process, through this request for information (RFI), to
consider whether to amend DOE's test procedures for water closets and
urinals. To inform interested parties and to facilitate this process,
DOE has gathered data, identifying several issues associated with the
currently applicable test procedures on which DOE is interested in
receiving comment. The issues outlined in this document concern water
closets and urinals, specifically whether to conform the test
procedures to American Society of Mechanical Engineers/American
National Standards Institute (``ASME/ANSI'') Standard A112.19.2-2018,
``Ceramic plumbing fixtures,'' including updates to terms and
definitions, figures, and tables. DOE welcomes written comments from
the public on any subject within the scope of this document (including
topics not raised in this RFI) and any additional topics that may
inform DOE's decisions in a future test procedure rulemaking, including
methods to reduce regulatory burden while ensuring the procedure is
reasonably designed to produce results that measure water use or
efficiency during a representative average use cycle or period of use.
DATES: Written comments, data, and information are requested and will
be accepted on or before September 4, 2019.
ADDRESSES: Interested persons are encouraged to submit comments using
the Federal eRulemaking Portal at https://www.regulations.gov. Follow
the instructions for submitting comments. Alternatively, interested
persons may submit comments, identified by docket number EERE-2017-BT-
TP-0028, by any of the following methods:
1. Federal eRulemaking Portal: https://www.regulations.gov. Follow
the instructions for submitting comments.
2. Email: [email protected]. Include the docket
number EERE-2017-BT-TP-0028 in the subject line of the message.
3. Postal Mail: Appliance and Equipment Standards Program, U.S.
Department of Energy, Building Technologies Office, Mailstop EE-5B,
1000 Independence Avenue SW, Washington, DC 20585-0121. Telephone:
(202) 287-1445. If possible, please submit all items on a compact disc
(``CD''), in which case it is not necessary to include printed copies.
4. Hand Delivery/Courier: Appliance and Equipment Standards
Program, U.S. Department of Energy, Building Technologies Office, 950
L'Enfant Plaza SW, Suite 600, Washington, DC 20024. Telephone: (202)
287-1445. If possible, please submit all items on a CD, in which case
it is not necessary to include printed copies.
No telefacsimilies (faxes) will be accepted. For detailed
instructions on submitting comments and additional information on the
rulemaking process, see section III of this document.
Docket: The docket for this activity, which includes Federal
Register notices, comments, and other supporting documents/materials,
is available for review at https://www.regulations.gov. All documents
in the docket are listed in the https://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://energy.gov/eere/buildings/standards-and-test-procedures. The docket web page will
contain simple instructions on how to access all documents, including
public comments, in the docket. See section III for information on how
to submit comments through https://www.regulations.gov.
FOR FURTHER INFORMATION CONTACT: Ms. Lucy deButts, U.S. Department of
Energy, Office of Energy Efficiency and Renewable Energy, Building
Technologies Program, EE-5B, 1000 Independence Avenue SW, Washington,
DC 20585-0121. Telephone: (202) 287-1604. Email:
[email protected].
Ms. Jennifer Tiedeman, U.S. Department of Energy, Office of the
General Counsel, GC- 33, 1000 Independence Avenue SW, Washington, DC
20585-0121. Telephone: (202) 287-6111. Email:
[email protected].
For further information on how to submit a comment, review other
public comments and the docket, or participate in the public meeting,
contact the Appliance and Equipment Standards Program staff at (202)
287-1445 or by email: [email protected].
SUPPLEMENTARY INFORMATION:
Table of Contents
I. Introduction
A. Authority and Background
B. Rulemaking History
II. Request for Information
A. Scope and Definitions
B. Test Procedure
C. Other Test Procedure Topics
III. Submission of Comments
I. Introduction
Water closets and urinals are included in the list of ``covered
products'' for which DOE is authorized to establish and amend water use
standards and test procedures. (42 U.S.C. 6292(a)(17) and (18)) DOE's
test procedures for water closets and urinals are prescribed at 10 CFR
430.23(u) and (v), respectively, and 10 CFR part 430 subpart B appendix
T (``Appendix T''). The following sections discuss DOE's authority to
establish and amend test procedures for water closets and urinals, as
well as relevant background information regarding DOE's consideration
of test procedures for these products.
A. Authority and Background
The Energy Policy and Conservation Act of 1975, as amended
(``EPCA''),\1\ among other things, authorizes DOE to
[[Page 37971]]
regulate the energy efficiency or water use, of a number of consumer
products and industrial equipment. (42 U.S.C. 6291-6317) Title III,
Part B \2\ of EPCA establishes the Energy Conservation Program for
Consumer Products Other Than Automobiles, which sets forth a variety of
provisions designed to improve energy efficiency or water use. These
products include water closets and urinals, the subject of this RFI.
(42 U.S.C. 6292(a)(17) and (18))
---------------------------------------------------------------------------
\1\ All references to EPCA in this document refer to the statute
as amended through America's Water Infrastructure Act of 2018,
Public Law 115-270 (October 23, 2018).
\2\ For editorial reasons, upon codification in the U.S. Code,
Part B was re-designated Part A.
---------------------------------------------------------------------------
The energy conservation program under EPCA, which includes water
use requirements, consists essentially of four parts: (1) Testing, (2)
labeling, (3) Federal energy conservation standards,\3\ and (4)
certification and enforcement procedures. Relevant provisions of the
Act specifically include definitions (42 U.S.C. 6291), energy
conservation standards (42 U.S.C. 6295), test procedures (42 U.S.C.
6293), labeling provisions (42 U.S.C. 6294), and the authority to
require information and reports from manufacturers (42 U.S.C. 6296).
---------------------------------------------------------------------------
\3\ The term ``energy conservation standard'' includes water use
standards for showerheads, faucets, water closets, and urinals. (42
U.S.C. 6291(6)(A))
---------------------------------------------------------------------------
Federal energy efficiency and water use requirements for covered
products established under EPCA generally supersede State laws and
regulations concerning energy conservation testing, labeling, and
standards. (See 42 U.S.C. 6297) DOE may, however, grant waivers of
Federal preemption for particular State laws or regulations, in
accordance with the procedures and other provisions of EPCA. (42 U.S.C.
6297(d))
The Federal testing requirements consist of test procedures that
manufacturers of covered products must use as the basis for: (1)
certifying to DOE that their products comply with the applicable energy
conservation standards adopted pursuant to EPCA (42 U.S.C. 6295(s)),
and (2) making certain other representations about the water use of
those products. (42 U.S.C. 6293(c)) Similarly, DOE must use these test
procedures to determine whether the products comply with relevant
standards promulgated under EPCA. (42 U.S.C. 6295(s))
Under 42 U.S.C. 6293, EPCA sets forth the criteria and procedures
DOE must follow when prescribing or amending test procedures for
covered products. EPCA requires that any test procedures prescribed or
amended under this section be reasonably designed to produce test
results which measure energy efficiency, energy use, 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)) In addition, if DOE
determines that a test procedure amendment is warranted, it must
publish proposed test procedures and offer the public an opportunity to
present oral and written comments on them. (42 U.S.C. 6293(b)(2))
EPCA directs that the test procedures for water closets and urinals
are to be the test procedures specified in ASME/ANSI A112.19.6-1990,
``Hydraulic Requirements for Water Closets and Urinals'' (ASME
A112.19.6-1990). (42 U.S.C. 6293(b)(8)(A)) EPCA further directs that,
if the requirements of ASME A112.19.6-1990 are revised at any time and
approved by ANSI, DOE must amend the Federal test procedures to conform
to the revised ASME standard, unless DOE determines by rule that to do
so would not meet the requirements of EPCA that the test procedures be
reasonably designed to produce test results which measure water use
during a representative average use cycle as determined by DOE, and not
be unduly burdensome to conduct. (42 U.S.C. 6293(b)(8)(B))
EPCA also requires that, at least once every 7 years, DOE evaluate
the test procedures for each type of covered product, including water
closets and urinals, to determine whether amended test procedures would
more accurately or fully comply with the requirements for the test
procedures to be reasonably designed to produce test results that
reflect water use and estimated operating costs during a representative
average use cycle or period of use and not to be unduly burdensome to
conduct. (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. 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 or
water 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 RFI to collect data and
information to inform a potential test procedure rulemaking in response
to revisions to the ASME standard and pursuant to the 7-year review
requirement specified in EPCA. (42 U.S.C. 6293(b)(8)(B); 42 U.S.C.
6293(b)(1)(A))
B. Rulemaking History
DOE's current test procedures for water closets and urinals are
found in 10 CFR 430.23(u) and (v), respectively, and Appendix T. DOE
initially established test procedures for water closets and urinals in
a final rule published March 8, 1998, which incorporated by reference
ASME A112.19.6-1995, then the most recent revision of those
requirements. 63 FR 13308.
DOE last amended the test procedures for water closets and urinals
on October 23, 2013, (``October 2013 TP final rule''). 78 FR 62970. In
that final rule, DOE incorporated by reference ASME A112.19.2-2008,
``Ceramic Plumbing Fixtures,'' including Update No. 1, dated August
2009, and Update No. 2, dated March 2011 (ASME A112.19.2-2008). ASME
A112.19.2-2008 is a consolidation and revision of several documents,
including a revised version of the document previously incorporated by
reference, ASME A112, 19.6-1995.
In 2013, ASME revised ASME A112.19.2-2008 by issuing ASME
A112.19.2-2013, ``Ceramic Plumbing Fixtures.'' In October 2013 ASME
published Update 1 for ASME A112.19.2-2013 (``ASME A112.19.2-2013''
refers to both the initial document and Update 1). Because of the
timing of the issuance of ASME 112.19.2-2013, DOE did not consider it
in the October 2013 TP final rule. In 2018, ASME revised ASME
A112.19.2-2013 by publishing ASME A112.19.2-2018 (``ASME A112.19.2-
2018'' refers to the initial document and the October 2018 errata).
ASME A112.19.2-2018 does not contain any substantive differences
compared to ASME A112.19.2-2013 with regards to the test method for
water consumption.
II. Request for Information
In the following sections, DOE has identified a variety of issues
on which it seeks input to aid in the development of the technical and
economic analyses regarding whether amended test procedures for water
closets and urinals may be warranted. DOE requests comment on any
opportunities to
[[Page 37972]]
streamline and simplify testing requirements for these products.
Additionally, DOE welcomes comments on other issues relevant to the
conduct of this process. In particular, DOE notes that under Executive
Order 13771, ``Reducing Regulation and Controlling Regulatory Costs,''
Executive Branch agencies such as DOE are directed to manage the costs
associated with the imposition of expenditures required to comply with
Federal regulations. See 82 FR 9339 (Feb. 3, 2017). Accordingly, DOE
encourages the public to provide input on measures DOE could take to
lower the cost of its regulations applicable to water closets and
urinals consistent with the requirements of EPCA.
A. Scope and Definitions
DOE regulations both define and set standards for water closets and
urinals. DOE regulations define ``water closet'' as a plumbing fixture
that has a water-containing receptor that receives liquid and solid
body waste, and upon actuation, conveys the waste through an exposed
integral trap seal into a gravity drainage system, except such term
does not include fixtures designed for installation in prisons. 10 CFR
430.2. In addition, DOE regulations specify standards for gravity tank-
type toilets, flushometer tank toilets, electromechanical hydraulic
toilets, and blowout toilets. 10 CFR 430.32(q). DOE regulations define
``urinal'' as a plumbing fixture that receives only liquid body waste
and, on demand, conveys the waste through a trap seal into a gravity
drainage system, except such term does not include fixtures designed
for installations in prisons. 10 CFR 430.2. In addition, DOE's
regulations specify standards for urinals, including trough-type
urinals. 10 CFR 430.32(r).
Several terms and definitions in ASME A112.19.2-2018 related to
water closets and urinals vary from those in DOE regulations, including
terms not defined in 10 CFR 430.2. Two such terms relate to products
that use electricity to remove waste. First, EPCA and DOE regulations
use the term ``electromechanical hydraulic toilets'' as the name of a
product class subject to standards at 42 U.S.C. 6295(k) and 10 CFR
430.32(q), respectively, and DOE defines the term in 10 CFR 430.2. ASME
Standard A112.19.2-2018, on the other hand, uses the term ``electro-
hydraulic water closet,'' with a different definition. DOE defines
``electromechanical hydraulic toilet'' as a water closet that utilizes
electrically operated devices such as, but not limited to, air
compressors, pumps, solenoids, motors, or macerators in place of or to
aid gravity in evacuating waste from the toilet. 10 CFR 430.2. ASME
defines ``electro-hydraulic water closet'' as a water closet with a
non-mechanical trap seal incorporating an electric motor and controller
to facilitate flushing. ASME A112.19.2-2018. Both definitions include
an electric motor as a mechanism to remove waste; however, DOE views
the scope of the term ``electromechanical hydraulic toilet'' as broader
because it also includes other electrically operated devices.
Similarly, two varying terms relate to blowout products.\4\ As with
the term ``electromechanical hydraulic toilets,'' EPCA and DOE
regulations use the term ``blowout toilet'' as the name of a product
class subject to its conservation standards, while ASME A112.19.2-2018
uses the term ``blowout bowl.'' Although the terms are not identical,
their definitions are similar. DOE defines ``blowout toilet'' as a
water closet that uses a non-siphonic bowl with an integral flushing
rim, a trap at the rear of the bowl, and a visible or concealed jet
that operates with a blowout action. 10 CFR 430.2. ASME defines
``blowout bowl'' as a non-siphonic water closet with an integral
flushing rim, a trap at the rear of the bowl, and a visible or
concealed jet that operates with a blowout action. ASME A112.19.2-2018.
The only difference between these two definitions is that DOE's
definition uses the phrase ``water closet that uses a non-siphonic
bowl,'' while ASME's definition uses the phrase ``non-siphonic water
closet.'' DOE understands these two terms to be synonymous.
---------------------------------------------------------------------------
\4\ The term ``blowout'' refers to the flushing action produced
by a jet of water in the outlet passage for rapid evacuation of the
bowl.
---------------------------------------------------------------------------
In addition, Appendix T uses the terms ``gravity flush tank water
closet'' and ``siphonic bowl,'' which are defined in ASME A112.19.2-
2018 but not defined in DOE regulations.
Aside from the definitional issues arising from revisions to the
ASME standard, DOE notes that DOE energy conservation standards for
urinals, codified at 10 CFR 430.32(r), use the term ``trough-type.''
However, neither DOE regulations nor ASME A112.19.2-2018 define this
term.
DOE requests information and comment on the following terms and
definitions.
1. Whether the term ``electro-hydraulic water closet'' as defined
in ASME A112.19.2-2018 is understood to include the same products as
the term ``electromechanical hydraulic toilet,'' i.e., whether any
products meet one definition but not the other. DOE requests comment on
the potential impact, including to testing burden, of adopting the term
``electro-hydraulic water closet'' and the corresponding definition in
ASME A112.19.2-2018, as compared to maintaining the current DOE term
``electromechanical water closet'' and its definition in 10 CFR 430.2.
2. Whether the term ``blowout bowl'' in ASME A112.19.2-2018 is
understood to include the same products as the term ``blowout toilet''
in DOE regulations, i.e., whether any products meet one definition but
not the other. DOE requests comment on the potential impact to the
testing burden of adopting the term ``blowout bowl'' and the
corresponding definition in ASME A112.19.2-2018 as compared to
maintaining the current DOE term ``blowout toilet'' and the definition
in 10 CFR 430.2.
3. Whether the definitions of the terms ``gravity flush tank water
closet'' and ``siphonic bowl'' in ASME A112.19.2-2018 are consistent
with how industry has understood and applied those terms under DOE
regulations. DOE requests comment on the potential impact to the
testing burden of adopting the ASME A112.19.2-2018 definitions of
``gravity flush tank water closet'' and ``siphonic bowl.''
4. How to define the term ``trough-type'' urinal and whether there
is an industry definition for this term.
5. How any definitional changes to conform the terms in DOE test
procedures with those in ASME A112.19.2-2018 could change the scope of
the products subject to the test procedure or standards, or impact the
repeatability and reproducibility of the test procedure and its ability
to reflect a representative average use cycle or period of use.
B. Test Procedures
Currently, DOE's test procedures for water closets and urinals in
Appendix T incorporate by reference ASME A112.19.2-2008,\5\ sections
7.1, 7.1.1, 7.1.2, 7.1.3, 7.1.4, 7.1.5, 7.4, 8.2, 8.2.1, 8.2.2, 8.2.3,
8.6, Table 5, and Table 6. These sections and tables provide procedures
for testing and measuring water consumption, specifications for test
apparatus, and other general requirements for water closets and
urinals.
---------------------------------------------------------------------------
\5\ This includes Update No. 1, dated August 2009, and Update
No. 2, dated March 2011.
---------------------------------------------------------------------------
ASME A112.19.2-2018 included the following amendments to pertinent
sections of the 2008 version currently
[[Page 37973]]
incorporated into 10 CFR part 430: (1) Editorial changes and/or
clarification in sections 7.1.2, 7.3.2,\6\ 8.6.4, and Figure 12; (2) a
correction in section 8.2.1 to the water consumption static test
pressure value for urinals to reflect the corresponding value in Table
6; and (3) additions to Table 5 that do not appear to be relevant to
the water consumption test for water closets.
---------------------------------------------------------------------------
\6\ In the 2013 version of the ASME A112.19.2 standard, section
7.3 is the ``Water consumption test'' section and section 7.4 is the
``Trap seal restoration test'' section. In the 2018 version of the
ASME A112.19.2 standard, these two sections were reorganized:
Section 7.3 is now the ``Trap seal restoration test'' section and
section 7.4 is the ``Water consumption test'' section.
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Because DOE views these amendments as clarifications and minor
technical corrections, DOE has tentatively determined that the
amendments would not impact (1) the measured values of water use for
water closets and urinals under Appendix T, (2) the representativeness
of the results, or (3) the test burden. DOE requests comment on the
validity of these tentative conclusions. If commenters believe that the
amendments, if adopted, would impact measured values of water use under
the test procedure, DOE is interested in data and information on the
nature and extent of any such impact.
C. Other Test Procedure Topics
In addition to the issues identified earlier in this document, DOE
welcomes comment on any other aspect of the existing test procedures
for water closets and urinals. DOE recently issued an RFI to seek more
information on whether its test procedures are reasonably designed, as
required by EPCA, to produce results that measure the energy use or
efficiency of a product during a representative average use cycle or
period of use. 84 FR 9721 (Mar. 18, 2019). DOE seeks comment on this
issue as it pertains to the test procedure for water closets and
urinals. DOE also seeks any information that would improve the
repeatability and reproducibility of its test procedures.
As noted above, DOE also requests comments on its tentative
conclusion that the adoption of the amendments discussed would not
result in a test procedure that is unduly burdensome to conduct,
particularly in light of any new products on the market since the last
test procedure update. If commenters believe that the adoption of the
amendments would result in a procedure that is, in fact, unduly
burdensome to conduct, DOE seeks information on whether an existing
private sector-developed test procedure would be more appropriate.
DOE also requests comment on the benefits and burdens of adopting
any industry/voluntary consensus-based or other appropriate test
procedure, without modification. As discussed, the current test
procedures for water closets and urinals in Appendix T incorporate by
reference ASME A112.19.2-2008, sections 7.1, 7.1.1, 7.1.2, 7.1.3,
7.1.4, 7.1.5, 7.4, 8.2, 8.2.1, 8.2.2, 8.2.3, 8.6, Table 5, and Table 6.
Other portions of the standard contain general requirements for
plumbing fixtures and their components, and test methods for
characteristics other than water consumption, such as material,
finishes, structural integrity, and specific component functionalities.
In order to improve repeatability of the test procedures and the
accuracy of reported values, Appendix T also provides additional
direction regarding the resolution of the recorded values; rounding of
recorded and calculated values; and test set-up as it relates to
manufacturer installation instructions. DOE seeks comment on whether
these additional directions are necessary to ensure that the test
procedure is reasonably designed to measure the water use of water
closets and urinals during a representative average use cycle or period
of use.
Additionally, DOE requests comment on whether the existing test
procedures limit a manufacturer's ability to provide additional
features to consumers on water closets and urinals. DOE particularly
seeks information on how the test procedures could be amended to reduce
the cost of new or additional features and make it more likely that
such features are included on water closets and urinals while still
meeting the requirements of EPCA. DOE also requests comments on any
potential amendments to the existing test procedures that would address
impacts on manufacturers, including small businesses.
Finally, DOE recently published an RFI on the emerging smart
technology appliance and equipment market. 83 FR 46886 (Sept. 17,
2018). In that RFI, DOE sought information to better understand market
trends and issues in the emerging market for appliances and commercial
equipment that incorporate smart technology. DOE's intent in issuing
the RFI was to ensure that DOE did not inadvertently impede such
innovation in fulfilling its statutory obligations in setting
efficiency standards for covered products and equipment. DOE seeks
comments, data and information on the issues presented in the RFI as
they may be applicable to water closets and urinals.
III. Submission of Comments
DOE invites all interested parties to submit in writing by
September 4, 2019, comments and information on matters addressed in
this notice and on other matters relevant to DOE's consideration of
amended test procedures for water closets and urinals. These comments
and information will aid in the development of a test procedure notice
of proposed rulemaking for water closets and urinals if DOE determines
that amended test procedures may be appropriate for these products.
Submitting comments via https://regulations.gov. The https://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 https://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
https://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 https://www.regulations.gov
before posting. Normally, comments will be posted within a few days of
being submitted. However, if large
[[Page 37974]]
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 https://www.regulations.gov provides after you
have successfully uploaded your comment.
Submitting comments via email, hand delivery, or mail. Comments and
documents submitted via email, hand delivery, or mail also will be
posted to https://www.regulations.gov. If you do not want your personal
contact information to be publicly viewable, do not include it in your
comment or any accompanying documents. Instead, provide your contact
information on a cover letter. Include your first and last names, email
address, telephone number, and optional mailing address. The cover
letter will not be publicly viewable as long as it does not include any
comments.
Include contact information each time you submit comments, data,
documents, and other information to DOE. If you submit via mail or hand
delivery, please provide all items on a CD, if feasible. It is not
necessary to submit printed copies. No facsimiles (faxes) will be
accepted.
Comments, data, and other information submitted to DOE
electronically should be provided in portable document format (``PDF'')
(preferred), Microsoft Word or Excel, WordPerfect, or text (ASCII) file
format. Provide documents that are not secured, written in English and
free of any defects or viruses. Documents should not contain special
characters or any form of encryption and, if possible, they should
carry the electronic signature of the author.
Campaign form letters. Please submit campaign form letters by the
originating organization in batches of between 50 to 500 form letters
per PDF or as one form letter with a list of supporters' names compiled
into one or more PDFs. This reduces comment processing and posting
time.
Confidential Business Information. According to 10 CFR 1004.11, any
person submitting information that he or she believes to be
confidential and exempt by law from public disclosure should submit via
email, postal mail, or hand delivery two well-marked copies: one copy
of the document marked confidential including all the information
believed to be confidential, and one copy of the document marked ``non-
confidential'' with the information believed to be confidential
deleted. Submit these documents via email or on a CD, if feasible. DOE
will make its own determination about the confidential status of the
information and treat it according to its determination.
Factors of interest to DOE when evaluating requests to treat
submitted information as confidential include (1) a description of the
items, (2) whether and why such items are customarily treated as
confidential within the industry, (3) whether the information is
generally known by or available from other sources, (4) whether the
information has previously been made available to others without
obligation concerning its confidentiality, (5) an explanation of the
competitive injury to the submitting person which would result from
public disclosure, (6) when such information might lose its
confidential character due to the passage of time, and (7) why
disclosure of the information would be contrary to the public interest.
It is DOE's policy that all comments may be included in the public
docket, without change and as received, including any personal
information provided in the comments (except information deemed to be
exempt from public disclosure).
DOE considers public participation to be a very important part of
the process for developing test procedures and energy conservation
standards. DOE actively encourages the participation and interaction of
the public during the comment period in each stage of the process.
Interactions with and between members of the public provide a balanced
discussion of the issues and assist DOE in the process. Anyone who
wishes to be added to the DOE mailing list to receive future notices
and information about this rulemaking should contact Appliance and
Equipment Standards Program staff at (202) 287-1445 or via email at
[email protected].
Signed in Washington, DC, on July 24, 2019.
Alexander N. Fitzsimmons,
Acting Deputy Assistant Secretary for Energy Efficiency, Energy
Efficiency and Renewable Energy.
[FR Doc. 2019-16548 Filed 8-2-19; 8:45 am]
BILLING CODE 6450-01-P