Energy Conservation Program: Test Procedure for Commercial Prerinse Spray Valves, 34541-34545 [2020-11768]

Download as PDF Federal Register / Vol. 85, No. 109 / Friday, June 5, 2020 / Proposed Rules at least the last 20 years and will not return to production, or construction for non-agricultural proposes has rendered the land non-tillable and is not likely to return to agricultural production. The risk of PCN spread and establishment from these non-agricultural fields is lower than those remaining in non-PCN host agricultural production, resulting in the lower number of years required for release. In the APHIS Karnal Bunt Program, which has been in place since 1996, a similar provision in the regulations 25 has been used successfully to lower or eliminate the risk of Karnal Bunt if the land cannot be farmed. In order to give the public an opportunity to consider the science on which we have established the field protocols and the sources we have used to develop them, we are reopening the comment period on Docket No. APHIS– 2018–0041 for an additional 30 days. This action will allow interested persons additional time to prepare and submit comments. Done in Washington, DC, this 21st day of May 2020. Michael Watson, Acting Administrator, Animal and Plant Health Inspection Service. [FR Doc. 2020–11792 Filed 6–4–20; 8:45 am] BILLING CODE 3410–34–P 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 Office of Energy Efficiency and Renewable Energy, Department of Energy. ACTION: Request for information. AGENCY: The U.S. Department of Energy (DOE) is requesting information and data through this request for information (‘‘RFI’’) to consider whether to amend DOE’s test procedures for commercial prerinse spray valves. Specifically, DOE seeks data and information pertinent to whether amended test procedures would (1) more accurately or fully comply with the requirement that the test procedure be reasonably designed to produce test results that measure water use during a representative average use cycle or period of use without being unduly lotter on DSK9F5VC42PROD with PROPOSALS SUMMARY: 25 See 7 CFR 301.89–3(f)(1). VerDate Sep<11>2014 17:12 Jun 04, 2020 Jkt 250001 burdensome to conduct, or (2) reduce test burden. DOE welcomes written comments from the public on any subject within the scope of this document (including topics not raised in this RFI), as well as the submission of data and other relevant information. DATES: Written comments and information will be accepted on or before July 6, 2020. ADDRESSES: Interested persons are encouraged to submit comments using the Federal eRulemaking Portal at https://www.regulations.gov. Follow the instructions for submitting comments. Alternatively, interested persons may submit comments, identified by docket number EERE–2019–BT–TP–0025, by any of the following methods: 1. Federal eRulemaking Portal: https:// www.regulations.gov. Follow the instructions for submitting comments. 2. Email: to CPSV2019TP0025@ ee.doe.gov. Include docket number EERE–2019–BT–TP–0025 in the subject line of the message. 3. Postal Mail: Appliance and Equipment Standards Program, U.S. Department of Energy, Building Technologies Office, Mailstop EE–5B, 1000 Independence Avenue SW, Washington, DC 20585–0121. Telephone: (202) 287–1445. If possible, please submit all items on a compact disc (‘‘CD’’), in which case it is not necessary to include printed copies. 4. Hand Delivery/Courier: Appliance and Equipment Standards Program, U.S. Department of Energy, Building Technologies Office, 950 L’Enfant Plaza SW, Suite 600, Washington, DC 20024. Telephone: (202) 287–1445. If possible, please submit all items on a CD, in which case it is not necessary to include printed copies. No telefacsimilies (‘‘faxes’’) will be accepted. For detailed instructions on submitting comments and additional information on this process, see section III of this document. Docket: The docket for this activity, which includes Federal Register notices, comments, and other supporting documents/materials, is available for review at 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://www1.eere.energy.gov/buildings/ appliance_standards/standards.aspx? productid=69&action=viewcurrent. The docket web page contains instructions on how to access all documents, PO 00000 Frm 00005 Fmt 4702 Sfmt 4702 34541 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 Office, EE–5B, 1000 Independence Avenue SW, Washington, DC 20585–0121. Telephone: (202) 287– 1604. Email: ApplianceStandardsQuestions@ ee.doe.gov. 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: Kathryn.McIntosh@ hq.doe.gov. For further information on how to submit a comment or review other public comments and the docket, contact the Appliance and Equipment Standards Program staff at (202) 287– 1445 or by email: ApplianceStandardsQuestions@ ee.doe.gov. SUPPLEMENTARY INFORMATION: Table of Contents I. Introduction A. Authority and Background B. Rulemaking History II. Request for Information A. Scope and Definitions B. Test Procedure 1. Industry Standard 2. Water Pressure C. Other Test Procedure Topics III. Submission of Comments I. Introduction DOE’s test procedures for commercial prerinse spray valves are prescribed at Subpart O of 10 CFR part 431. The following sections discuss DOE’s authority to establish and amend test procedures for commercial prerinse spray valves and relevant background information regarding DOE’s consideration of test procedures for this equipment. A. Authority and Background The Energy Policy and Conservation Act, as amended (‘‘EPCA’’),1 among other things, authorizes DOE to regulate the energy efficiency of a number of consumer products and certain industrial equipment. (42 U.S.C. 6291– 6317) Title III, Part B 2 of EPCA 1 All references to EPCA in this document refer to the statute as amended through America’s Water Infrastructure Act of 2018, Public Law 115–270 (October 23, 2018). 2 For editorial reasons, upon codification in the U.S. Code, Part B was redesignated Part A. E:\FR\FM\05JNP1.SGM 05JNP1 34542 Federal Register / Vol. 85, No. 109 / Friday, June 5, 2020 / Proposed Rules lotter on DSK9F5VC42PROD with PROPOSALS established the Energy Conservation Program for Consumer Products Other Than Automobiles, which includes commercial prerinse spray valves. EPCA provides for the definition of commercial prerinse spray valve at 42 U.S.C. 6291(33), the test procedure under 42 U.S.C. 6293(b)(14), and energy conservation standards (in terms of flow rate) under 42 U.S.C. 6295(dd).3 The energy conservation program under EPCA consists essentially of four parts: (1) Testing, (2) labeling, (3) Federal energy conservation standards, and (4) certification and enforcement procedures. Relevant provisions of EPCA specifically include definitions (42 U.S.C. 6291), test procedures (42 U.S.C. 6293), labeling provisions (42 U.S.C. 6294), energy conservation standards (42 U.S.C. 6295), and the authority to require information and reports from manufacturers (42 U.S.C. 6296). Federal energy efficiency requirements for covered products established under EPCA generally supersede State laws and regulations concerning energy conservation testing, labeling, and standards. (42 U.S.C. 6297) DOE may, however, grant waivers of Federal preemption for particular State laws or regulations, in accordance with the procedures and other provisions of EPCA. (42 U.S.C. 6297(d)). The Federal testing requirements consist of test procedures that manufacturers of covered products must use as the basis for: (1) Certifying to DOE that their products comply with the applicable energy conservation standards adopted pursuant to EPCA (42 U.S.C. 6295(s)), and (2) making representations about the efficiency of those consumer products (42 U.S.C. 6293(c)). Similarly, DOE must use these test procedures to determine whether the products comply with relevant standards promulgated under EPCA. (42 U.S.C. 6295(s)). Under 42 U.S.C. 6293, EPCA sets forth the criteria and procedures DOE must follow when prescribing or amending test procedures for covered products. EPCA requires that any test procedures prescribed or amended under this 3 Because Congress included commercial prerinse spray valves in Part B of Title III of EPCA, the consumer product provisions of Part B (not the industrial equipment provisions of Part C) apply to commercial prerinse spray valves. However, because commercial prerinse spray valves are commonly considered to be commercial equipment, as a matter of administrative convenience and to minimize confusion among interested parties, DOE placed the requirements for commercial prerinse spray valves into subpart O of 10 CFR part 431. Part 431 contains DOE regulations for commercial and industrial equipment. DOE refers to commercial prerinse spray valves as either ‘‘products’’ or ‘‘equipment.’’ VerDate Sep<11>2014 17:12 Jun 04, 2020 Jkt 250001 section be reasonably designed to produce test results which measure energy efficiency, energy use or estimated annual operating cost of a covered product during a representative average use cycle or period of use and not be unduly burdensome to conduct. (42 U.S.C. 6293(b)(3)). If DOE determines that a test procedure amendment is warranted, it must publish proposed test procedures and offer the public an opportunity to present oral and written comments on them. (42 U.S.C. 6293(b)(2)). EPCA requires DOE to use American Society of Testing and Materials (‘‘ASTM’’) Standard F2324 (‘‘ASTM F2324’’) as the basis for the test procedure for measuring flow rate. (42 U.S.C. 6293(b)(14)) EPCA also requires that, at least once every seven years, DOE evaluate test procedures for each type of covered product, including commercial prerinse spray valves, to determine whether amended test procedures would more accurately or fully comply with the requirements for the test procedures to not be unduly burdensome to conduct and be reasonably designed to produce test results that reflect energy efficiency, energy use, and estimated operating costs during a representative average use cycle or period of use. (42 U.S.C. 6293(b)(1)(A)) If the Secretary determines, on his own behalf or in response to a petition by any interested person, that a test procedure should be prescribed or amended, the Secretary shall promptly publish in the Federal Register proposed test procedures and afford interested persons an opportunity to present oral and written data, views, and arguments with respect to such procedures. The comment period on a proposed rule to amend a test procedure shall be at least 60 days and may not exceed 270 days. In prescribing or amending a test procedure, the Secretary shall take into account such information as the Secretary determines relevant to such procedure, including technological developments relating to water use of the type (or class) of covered products involved. (42 U.S.C. 6293(b)(2) If DOE determines that test procedure revisions are not appropriate, DOE must publish its determination not to amend the test procedure. DOE is publishing this RFI to collect data and information to inform its decision in satisfaction of the seven-year review requirement specified in EPCA. (42 U.S.C. 6293(b)(1)(A)). B. Rulemaking History DOE last amended the current test procedure for commercial prerinse spray valves on December 30, 2015, PO 00000 Frm 00006 Fmt 4702 Sfmt 4702 when DOE incorporated by reference the updated version of ASTM Standard F2324, i.e., the 2013 version (‘‘ASTM F2324–13’’). 80 FR 81441 (‘‘December 2015 CPSV Final Rule’’). Prior to the December 2015 CPSV Final Rule, DOE had incorporated by reference the 2009 version of ASTM Standard F2324. In the December 2015 final rule, DOE also revised the definition of ‘‘commercial prerinse spray valve,’’ made minor changes to the DOE flow rate test method, and added a definition of ‘‘spray force’’ as well as a test method for measuring the spray force of commercial prerinse spray valves. On January 27, 2016, DOE published an energy conservation standards final rule that established three product classes based on spray force and established maximum flow rate requirements for each product class. 81 FR 4748, 4801. In 2019, ASTM reaffirmed its 2013 standard (‘‘ASTM F2324–13 (2019)’’). II. Request for Information As an initial matter, DOE seeks comment on whether there have been changes in product testing methodology or new products on the market since the last test procedure update that may necessitate amendments to the test procedure for commercial prerinse spray valves. Specifically, DOE seeks data and information regarding whether the current test procedure produces results that are representative of an average use cycle for the product and is not unduly burdensome to conduct, and therefore does not need amendment. In the following sections, DOE has also identified a variety of issues on which it seeks input to determine whether amended test procedures for commercial prerinse spray valves would more accurately or fully comply with the requirements in EPCA that test procedures: (1) Be reasonably designed to produce test results which reflect energy use during a representative average use cycle, and (2) not be unduly burdensome to conduct. (42 U.S.C. 6293(b)(3)). DOE also issued an RFI to seek more information on whether its test procedures are reasonably designed, as required by EPCA, to produce results that measure the energy (and water) use or efficiency of a product during a representative average use cycle or period of use. 84 FR 9721 (March 18, 2019). DOE seeks comment on this issue as it pertains to the test procedure for commercial prerinse spray valves. Additionally, DOE welcomes comments on other issues relevant to the conduct of this process. In particular, DOE notes that under Executive Order 13771, ‘‘Reducing E:\FR\FM\05JNP1.SGM 05JNP1 Federal Register / Vol. 85, No. 109 / Friday, June 5, 2020 / Proposed Rules lotter on DSK9F5VC42PROD with PROPOSALS Regulation and Controlling Regulatory Costs,’’ Executive Branch agencies, such as DOE, are directed to manage the costs associated with the imposition of expenditures required to comply with Federal regulations. See 82 FR 9339 (Feb. 3, 2017). Consistent with that Executive Order, DOE encourages the public to provide input on measures DOE could take to lower the cost of its regulations applicable to commercial prerinse spray valves consistent with the requirements of EPCA. A. Scope and Definitions EPCA initially defined a ‘‘commercial prerinse spray valve’’ as ‘‘a handheld device designed and marketed for use with commercial dishwashing and ware washing equipment that sprays water on dishes, flatware, and other food service items for the purpose of removing food residue before cleaning the items.’’ (42 U.S.C. 6291(33)(A)) EPCA authorizes DOE to modify the definition of commercial prerinse spray valves by rule to include products (1) that are used extensively in conjunction with commercial dishwashing and ware washing equipment, (2) to which the application of standards would result in significant energy savings, and (3) to which the application of standards would not be likely to result in the unavailability of any covered product type currently available on the market. (42 U.S.C. 6291(33)(B)(i)) EPCA also authorizes DOE to modify the commercial prerinse spray valve definition to exclude products (1) that are used for special food service applications, (2) that are unlikely to be widely used in conjunction with commercial dishwashing and ware washing equipment, and (3) to which the application of standards would not result in significant energy savings. (42 U.S.C. 6291(33)(B)(ii)) In the December 2015 CPSV Final Rule, DOE amended the definition of commercial prerinse spray valve to ‘‘a handheld device that has a release-to-close valve and is suitable for removing food residue from food service items before cleaning them in commercial dishwashing or ware washing equipment.’’ 10 CFR 431.262. In determining whether a product is suitable for removing food residue from food service items before cleaning them in commercial dishwashing or ware washing equipment, DOE considers various factors including channels of marketing and sales, product design and descriptions, and actual sales to determine whether the spray valve is used extensively in conjunction with commercial dishwashing and ware washing equipment. 81 FR 81441, 81444. For example, a product marketed VerDate Sep<11>2014 17:12 Jun 04, 2020 Jkt 250001 or sold through outlets that market or sell to food service entities such as restaurants or commercial or institutional kitchens is more likely to be used as a commercial prerinse spray valve than one marketed or sold through outlets catering to pet care. Similarly, a product marketed outside of the United States as suitable for removing food residue from food service items before cleaning them in commercial dishwashing or ware washing equipment would be considered similarly suitable if distributed in the United States. DOE also considers how a product is marketed and sold to endusers, including how the product is identified and described in product catalogs, brochures, specification sheets, and communications with prospective purchasers. Id. Additionally, DOE considers actual sales, including whether the end-users are restaurants or commercial or institutional kitchens, even if those sales are indirect through an entity such as a distributor. Id. Although manufacturers may market different categories of spray valves for various uses, such as cleaning floors or walls or filling glasses, any such device that is suitable for use in conjunction with commercial dishwashing and ware washing equipment to spray water for the purpose of removing food residue that is a handheld device that has a release-to-close valve is a commercial prerinse spray valve. See, 80 FR 35874, 35876–35877. Installation location is not a factor in determining whether a given model meets the definition of commercial prerinse spray valve. Id. The CPSV definition generally does not include products that are commonly referred to as ‘‘pot fillers.’’ A pot filler would not be considered a commercial prerinse spray valve because it is not suitable to be used for rinsing dishware before washing in a commercial dishwasher. A pot filler is used to fill a container with water, whereas a commercial prerinse spray valve is used to remove food residue from dishware. Consumers generally would not install a pot filler to be used as a commercial prerinse spray valve. In addition, most pot fillers are usually rigidly mounted to a wall with a swing arm, and are thus not handheld devices. See, 80 FR 81444. Issue 1: DOE requests comment on how manufacturers are currently applying the definition of ‘‘commercial prerinse spray valve.’’ Issue 2: DOE requests comments on whether modifications to the definition are needed to more appropriately include products (1) that are used extensively in conjunction with commercial dishwashing and ware washing equipment, (2) to which the PO 00000 Frm 00007 Fmt 4702 Sfmt 4702 34543 application of standards would result in significant energy savings, and (3) to which the application of standards would not be likely to result in the unavailability of any covered product type currently available on the market. DOE also requests comments on whether the definition should be modified to more appropriately exclude products (1) that are used for special food service applications, (2) that are unlikely to be widely used in conjunction with commercial dishwashing and ware washing equipment, and (3) to which the application of standards would not result in significant energy savings. If modifications are needed, DOE requests comment on how commercial prerinse spray valve should be defined. B. Test Procedure 1. Industry Standard Currently, DOE’s test procedure for commercial prerinse spray valves at 10 CFR part 431.263 incorporates by reference ASTM Standard F2324–13. The applicable sections of ASTM Standard F2324–13 are sections 6.1 through 6.9 (except 6.4 and 6.7), 9.1 through 9.4, and 10.1 through 10.2.5 for the flow rate test method with calculations conducted according to section 11.3.1; and sections 6.2 and 6.4 through 6.9, 9.1 through 9.5.3.2, and 10.3.1 through 10.3.8 for the spray force test method. Since publication of the December 2015 final rule, ASTM F2324–13 has been reapproved to ASTM F2324–13 (2019). The 2019 version contains no changes from the 2013 version. Issue 3: DOE requests comments on updating the CPSV test procedure references to incorporate the reaffirmed industry standard ASTM F2324–13 (2019), and confirmation that such an update would not result in any substantive changes to the current test procedure. 2. Water Pressure As described previously, EPCA requires that any test procedures prescribed or amended by DOE be reasonably designed to produce test results which measure energy (and water) efficiency, energy (and water) use or estimated annual operating cost of a covered product during a representative average use cycle or period of use and not be unduly burdensome to conduct. (42 U.S.C. 6293(b)(3)) ASTM F2324–13 specifies testing with a water pressure of 60 ± 2 pounds per square inch (‘‘psi’’). In the December 2015 CPSV Final Rule, DOE concluded that 60 psi is representative of the water pressures E:\FR\FM\05JNP1.SGM 05JNP1 34544 Federal Register / Vol. 85, No. 109 / Friday, June 5, 2020 / Proposed Rules observed across the nation, based on review of water pressure data for commercial kitchens across the U.S. 80 FR 81441, 81446–81447. Issue 4: DOE requests data and comment on whether the test pressure of 60 ± 2 psi continues to be representative of average U.S. water pressures in commercial kitchen settings. lotter on DSK9F5VC42PROD with PROPOSALS C. Other Test Procedure Topics In addition to the issues identified earlier in this document, DOE welcomes comment on any other aspect of the existing test procedures for commercial prerinse spray valves. As noted previously, DOE recently issued an RFI to seek more information on whether its test procedures are reasonably designed, as required by EPCA, to produce results that measure the energy (and water) use or efficiency of a product during a representative average use cycle or period of use. 84 FR 9721 (Mar. 18, 2019). DOE seeks comment on this issue as it pertains to the test procedure for commercial prerinse spray valves. DOE also requests comments on whether potential amendments based on the issues discussed would result in a test procedure that is unduly burdensome to conduct, particularly in light of any new equipment on the market since the last test procedure update. As discussed, the DOE test procedure incorporates specific provisions of the industry standard ASTM F2324–13. DOE also requests comment on the benefits and burdens of adopting any industry/voluntary consensus-based or other appropriate test procedure, without modification. Additionally, DOE requests comment on whether the existing test procedures limit a manufacturer’s ability to provide additional features to consumers on commercial prerinse spray valves. DOE particularly seeks information on how the test procedures could be amended to reduce the cost of new or additional features and make it more likely that such features are included on commercial prerinse spray valves, while still meeting the requirements of EPCA. Finally, DOE also requests comments on any potential amendments to the existing test procedure that would address impacts on manufacturers, including small businesses. III. Submission of Comments DOE invites all interested parties to submit in writing by July 6, 2020, comments and information on matters addressed in this notice and on other matters relevant to DOE’s consideration of amended test procedures for commercial prerinse spray valves. These VerDate Sep<11>2014 17:12 Jun 04, 2020 Jkt 250001 comments and information will aid in the development of a test procedure NOPR for commercial prerinse spray valves if DOE determines that amended test procedures may be appropriate for this equipment. Submitting comments via https:// www.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 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/courier, or postal mail. Comments and documents submitted PO 00000 Frm 00008 Fmt 4702 Sfmt 4702 via email, hand delivery/courier, or postal 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 postal mail or hand delivery/ courier, please provide all items on a CD, if feasible. It is not necessary to submit printed copies. No facsimiles (faxes) will be accepted. Comments, data, and other information submitted to DOE electronically should be provided in PDF (preferred), Microsoft Word or Excel, WordPerfect, or text (ASCII) file format. Provide documents that are not secured, written in English and free of any defects or viruses. Documents should not contain special characters or any form of encryption and, if possible, they should carry the electronic signature of the author. Campaign form letters. Please submit campaign form letters by the originating organization in batches of between 50 to 500 form letters per PDF or as one form letter with a list of supporters’ names compiled into one or more PDFs. This reduces comment processing and posting time. Confidential Business Information. According to 10 CFR 1004.11, any person submitting information that he or she believes to be confidential and exempt by law from public disclosure should submit via email, postal mail, or hand delivery/courier two well-marked copies: one copy of the document marked confidential including all the information believed to be confidential, and one copy of the document marked ‘‘non-confidential’’ with the information believed to be confidential deleted. Submit these documents via email or on a CD, if feasible. DOE will make its own determination about the confidential status of the information and treat it according to its determination. It is DOE’s policy that all comments may be included in the public docket, without change and as received, including any personal information provided in the comments (except information deemed to be exempt from public disclosure). DOE considers public participation to be a very important part of the process E:\FR\FM\05JNP1.SGM 05JNP1 Federal Register / Vol. 85, No. 109 / Friday, June 5, 2020 / Proposed Rules for developing test procedures and energy conservation standards. DOE actively encourages the participation and interaction of the public during the comment period in each stage of this process. Interactions with and between members of the public provide a balanced discussion of the issues and assist DOE in the process. Anyone who wishes to be added to the DOE mailing list to receive future notices and information about this process should contact Appliance and Equipment Standards Program staff at (202) 287– 1445 or via email at ApplianceStandardsQuestions@ ee.doe.gov. Signing Authority This document of the Department of Energy was signed on May 8, 2020, by Alexander N. Fitzsimmons, Deputy Assistant Secretary for Energy Efficiency, pursuant to delegated authority from the Secretary of Energy. That document with the original signature and date is maintained by DOE. For administrative purposes only, and in compliance with requirements of the Office of the Federal Register, the undersigned DOE Federal Register Liaison Officer has been authorized to sign and submit the document in electronic format for publication, as an official document of the Department of Energy. This administrative process in no way alters the legal effect of this document upon publication in the Federal Register. Signed in Washington, DC, on May 8, 2020. Treena V. Garrett, Federal Register Liaison Officer, U.S. Department of Energy. [FR Doc. 2020–11768 Filed 6–4–20; 8:45 am] BILLING CODE 6450–01–P NATIONAL CREDIT UNION ADMINISTRATION 12 CFR Part 745 RIN 3133–AF11 Joint Ownership Share Accounts National Credit Union Administration (NCUA). ACTION: Proposed rule. AGENCY: lotter on DSK9F5VC42PROD with PROPOSALS VerDate Sep<11>2014 17:12 Jun 04, 2020 Jkt 250001 Comments must be received on or before July 6, 2020. DATES: You may submit written comments, identified by RIN 3133– AF11, by any of the following methods (Please send comments by one method only): • Federal eRulemaking Portal: https:// www.regulations.gov. Follow the instructions for submitting comments. • Fax: (703) 518–6319. Include ‘‘[Your Name]—Comments on Proposed Rule: Joint Ownership Share Accounts’’ in the transmittal. • Mail: Address to Gerard S. Poliquin, Secretary of the Board, National Credit Union Administration, 1775 Duke Street, Alexandria, Virginia 22314– 3428. Public Inspection: You may view all public comments on the Federal eRulemaking Portal at https:// www.regulations.gov as submitted, except for those we cannot post for technical reasons. The NCUA will not edit or remove any identifying or contact information from the public comments submitted. Due to social distancing measures in effect, the usual opportunity to inspect paper copies of comments in the NCUA’s law library is not currently available. After social distancing measures are relaxed, visitors may make an appointment to review paper copies by calling (703) 518–6540 or emailing OGCMail@ncua.gov. ADDRESSES: FOR FURTHER INFORMATION CONTACT: The NCUA Board (Board) proposes to amend its share insurance regulation governing the requirements for a share account to be separately insured as a joint account by the National Credit Union Share Insurance Fund (NCUSIF). Specifically, the proposed rule would provide an alternative method to satisfy the SUMMARY: membership card or account signature card requirement necessary for insurance coverage (signature card requirement). Under the proposal, even if an insured credit union cannot produce membership cards or account signature cards signed by the joint accountholders, the signature card requirement could be satisfied by information contained in the account records of the insured credit union establishing co-ownership of the share account. For example, the signature card requirement could be satisfied by the credit union having issued a mechanism for accessing the account, such as a debit card, to each co-owner or evidence of usage of the joint share account by each co-owner. Thomas I. Zells, Staff Attorney, Office of General Counsel, at 1775 Duke Street, Alexandria, VA 22314 or telephone: (703) 548–2478. SUPPLEMENTARY INFORMATION: I. Background II. Legal Authority III. Summary of the Proposed Rule IV. Regulatory Procedures PO 00000 Frm 00009 Fmt 4702 Sfmt 4702 34545 I. Background The Board proposes to amend its share insurance regulation governing the requirements for a share account to be insured separately as a joint account.1 Specifically, this proposal addresses the requirement for separate joint account insurance that each coowner of a joint account has personally signed a membership card or account signature card. In the event a federally insured credit union (FICU) could not produce from its records such membership cards or account signature cards, this proposal would explicitly permit the use of other evidence contained in a FICU’s account records to satisfy the signature card requirement. The proposal discusses examples of such evidence more fully in the sections that follow. This amendment would mirror a change made by the Federal Deposit Insurance Corporation (FDIC) in 2019 for federally insured depository institutions.2 This proposed rule is intended to facilitate the prompt payment of share insurance in the event of a FICU’s failure by explicitly providing alternative methods that the NCUA could use to determine the owners of joint accounts, consistent with the NCUA’s statutory authority. The Board emphasizes that this change is not in reaction to any observed current problem with respect to identifying qualifying joint accounts at credit unions and processing insurance payments timely. Rather, the Board is issuing this proposed rule because it is important to maintain parity between the nation’s two federal deposit/share insurance programs and to provide credit union members with equal access to insurance coverage. These regulatory changes would promote further confidence in the credit union system and embody a forward-looking approach that would explicitly permit the use of new and innovative technologies and processes to meet the NCUA’s policy objectives. Under the Federal Credit Union Act (FCU Act), the NCUA is responsible for paying share insurance to any member, or to any person with funds lawfully held in a member account, in the event of a FICU’s failure up to the standard maximum share insurance amount (SMSIA), which is currently set at $250,000.3 The FCU Act states that the determination of the net amount of share insurance paid ‘‘shall be in accordance with such regulations as the Board may prescribe’’ and requires that, 1 12 CFR 745.8. FR 35022 (July 22, 2019). 3 12 U.S.C. 1787(k)(1)(A), (6). 2 84 E:\FR\FM\05JNP1.SGM 05JNP1

Agencies

[Federal Register Volume 85, Number 109 (Friday, June 5, 2020)]
[Proposed Rules]
[Pages 34541-34545]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-11768]


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DEPARTMENT OF ENERGY

10 CFR Part 431

[EERE-2019-BT-TP-0025]
RIN 1904-AE55


Energy Conservation Program: Test Procedure for Commercial 
Prerinse Spray Valves

AGENCY: Office of Energy Efficiency and Renewable Energy, Department of 
Energy.

ACTION: Request for information.

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SUMMARY: The U.S. Department of Energy (DOE) is requesting information 
and data through this request for information (``RFI'') to consider 
whether to amend DOE's test procedures for commercial prerinse spray 
valves. Specifically, DOE seeks data and information pertinent to 
whether amended test procedures would (1) more accurately or fully 
comply with the requirement that the test procedure be reasonably 
designed to produce test results that measure water use during a 
representative average use cycle or period of use without being unduly 
burdensome to conduct, or (2) reduce test burden. DOE welcomes written 
comments from the public on any subject within the scope of this 
document (including topics not raised in this RFI), as well as the 
submission of data and other relevant information.

DATES: Written comments and information will be accepted on or before 
July 6, 2020.

ADDRESSES: Interested persons are encouraged to submit comments using 
the Federal eRulemaking Portal at https://www.regulations.gov. Follow 
the instructions for submitting comments. Alternatively, interested 
persons may submit comments, identified by docket number EERE-2019-BT-
TP-0025, by any of the following methods:
    1. Federal eRulemaking Portal: https://www.regulations.gov. Follow 
the instructions for submitting comments.
    2. Email: to [email protected]. Include docket number EERE-
2019-BT-TP-0025 in the subject line of the message.
    3. Postal Mail: Appliance and Equipment Standards Program, U.S. 
Department of Energy, Building Technologies Office, Mailstop EE-5B, 
1000 Independence Avenue SW, Washington, DC 20585-0121. Telephone: 
(202) 287-1445. If possible, please submit all items on a compact disc 
(``CD''), in which case it is not necessary to include printed copies.
    4. Hand Delivery/Courier: Appliance and Equipment Standards 
Program, U.S. Department of Energy, Building Technologies Office, 950 
L'Enfant Plaza SW, Suite 600, Washington, DC 20024. Telephone: (202) 
287-1445. If possible, please submit all items on a CD, in which case 
it is not necessary to include printed copies.
    No telefacsimilies (``faxes'') will be accepted. For detailed 
instructions on submitting comments and additional information on this 
process, see section III of this document.
    Docket: The docket for this activity, which includes Federal 
Register notices, comments, and other supporting documents/materials, 
is available for review at 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://www1.eere.energy.gov/buildings/appliance_standards/standards.aspx?productid=69&action=viewcurrent. The docket web page 
contains instructions on how to access all documents, including public 
comments, in the docket. See section III for information on how to 
submit comments through 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 Office, EE-5B, 1000 Independence Avenue SW, Washington, DC 
20585-0121. Telephone: (202) 287-1604. Email: 
[email protected].
    Ms. Kathryn McIntosh, U.S. Department of Energy, Office of the 
General Counsel, GC-33, 1000 Independence Avenue SW, Washington, DC 
20585-0121. Telephone: (202) 586-2002. Email: 
[email protected].
    For further information on how to submit a comment or review other 
public comments and the docket, contact the Appliance and Equipment 
Standards Program staff at (202) 287-1445 or by email: 
[email protected].

SUPPLEMENTARY INFORMATION: 

Table of Contents

I. Introduction
    A. Authority and Background
    B. Rulemaking History
II. Request for Information
    A. Scope and Definitions
    B. Test Procedure
    1. Industry Standard
    2. Water Pressure
    C. Other Test Procedure Topics
III. Submission of Comments

I. Introduction

    DOE's test procedures for commercial prerinse spray valves are 
prescribed at Subpart O of 10 CFR part 431. The following sections 
discuss DOE's authority to establish and amend test procedures for 
commercial prerinse spray valves and relevant background information 
regarding DOE's consideration of test procedures for this equipment.

A. Authority and Background

    The Energy Policy and Conservation Act, as amended (``EPCA''),\1\ 
among other things, authorizes DOE to regulate the energy efficiency of 
a number of consumer products and certain industrial equipment. (42 
U.S.C. 6291-6317) Title III, Part B \2\ of EPCA

[[Page 34542]]

established the Energy Conservation Program for Consumer Products Other 
Than Automobiles, which includes commercial prerinse spray valves. EPCA 
provides for the definition of commercial prerinse spray valve at 42 
U.S.C. 6291(33), the test procedure under 42 U.S.C. 6293(b)(14), and 
energy conservation standards (in terms of flow rate) under 42 U.S.C. 
6295(dd).\3\
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    \1\ All references to EPCA in this document refer to the statute 
as amended through America's Water Infrastructure Act of 2018, 
Public Law 115-270 (October 23, 2018).
    \2\ For editorial reasons, upon codification in the U.S. Code, 
Part B was redesignated Part A.
    \3\ Because Congress included commercial prerinse spray valves 
in Part B of Title III of EPCA, the consumer product provisions of 
Part B (not the industrial equipment provisions of Part C) apply to 
commercial prerinse spray valves. However, because commercial 
prerinse spray valves are commonly considered to be commercial 
equipment, as a matter of administrative convenience and to minimize 
confusion among interested parties, DOE placed the requirements for 
commercial prerinse spray valves into subpart O of 10 CFR part 431. 
Part 431 contains DOE regulations for commercial and industrial 
equipment. DOE refers to commercial prerinse spray valves as either 
``products'' or ``equipment.''
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    The energy conservation program under EPCA consists essentially of 
four parts: (1) Testing, (2) labeling, (3) Federal energy conservation 
standards, and (4) certification and enforcement procedures. Relevant 
provisions of EPCA specifically include definitions (42 U.S.C. 6291), 
test procedures (42 U.S.C. 6293), labeling provisions (42 U.S.C. 6294), 
energy conservation standards (42 U.S.C. 6295), and the authority to 
require information and reports from manufacturers (42 U.S.C. 6296).
    Federal energy efficiency requirements for covered products 
established under EPCA generally supersede State laws and regulations 
concerning energy conservation testing, labeling, and standards. (42 
U.S.C. 6297) DOE may, however, grant waivers of Federal preemption for 
particular State laws or regulations, in accordance with the procedures 
and other provisions of EPCA. (42 U.S.C. 6297(d)).
    The Federal testing requirements consist of test procedures that 
manufacturers of covered products must use as the basis for: (1) 
Certifying to DOE that their products comply with the applicable energy 
conservation standards adopted pursuant to EPCA (42 U.S.C. 6295(s)), 
and (2) making representations about the efficiency of those consumer 
products (42 U.S.C. 6293(c)). Similarly, DOE must use these test 
procedures to determine whether the products comply with relevant 
standards promulgated under EPCA. (42 U.S.C. 6295(s)).
    Under 42 U.S.C. 6293, EPCA sets forth the criteria and procedures 
DOE must follow when prescribing or amending test procedures for 
covered products. EPCA requires that any test procedures prescribed or 
amended under this section be reasonably designed to produce test 
results which measure energy efficiency, energy use or estimated annual 
operating cost of a covered product during a representative average use 
cycle or period of use and not be unduly burdensome to conduct. (42 
U.S.C. 6293(b)(3)).
    If DOE determines that a test procedure amendment is warranted, it 
must publish proposed test procedures and offer the public an 
opportunity to present oral and written comments on them. (42 U.S.C. 
6293(b)(2)).
    EPCA requires DOE to use American Society of Testing and Materials 
(``ASTM'') Standard F2324 (``ASTM F2324'') as the basis for the test 
procedure for measuring flow rate. (42 U.S.C. 6293(b)(14)) EPCA also 
requires that, at least once every seven years, DOE evaluate test 
procedures for each type of covered product, including commercial 
prerinse spray valves, to determine whether amended test procedures 
would more accurately or fully comply with the requirements for the 
test procedures to not be unduly burdensome to conduct and be 
reasonably designed to produce test results that reflect energy 
efficiency, energy use, and estimated operating costs during a 
representative average use cycle or period of use. (42 U.S.C. 
6293(b)(1)(A)) If the Secretary determines, on his own behalf or in 
response to a petition by any interested person, that a test procedure 
should be prescribed or amended, the Secretary shall promptly publish 
in the Federal Register proposed test procedures and afford interested 
persons an opportunity to present oral and written data, views, and 
arguments with respect to such procedures. The comment period on a 
proposed rule to amend a test procedure shall be at least 60 days and 
may not exceed 270 days. In prescribing or amending a test procedure, 
the Secretary shall take into account such information as the Secretary 
determines relevant to such procedure, including technological 
developments relating to water use of the type (or class) of covered 
products involved. (42 U.S.C. 6293(b)(2) If DOE determines that test 
procedure revisions are not appropriate, DOE must publish its 
determination not to amend the test procedure. DOE is publishing this 
RFI to collect data and information to inform its decision in 
satisfaction of the seven-year review requirement specified in EPCA. 
(42 U.S.C. 6293(b)(1)(A)).

B. Rulemaking History

    DOE last amended the current test procedure for commercial prerinse 
spray valves on December 30, 2015, when DOE incorporated by reference 
the updated version of ASTM Standard F2324, i.e., the 2013 version 
(``ASTM F2324-13''). 80 FR 81441 (``December 2015 CPSV Final Rule''). 
Prior to the December 2015 CPSV Final Rule, DOE had incorporated by 
reference the 2009 version of ASTM Standard F2324. In the December 2015 
final rule, DOE also revised the definition of ``commercial prerinse 
spray valve,'' made minor changes to the DOE flow rate test method, and 
added a definition of ``spray force'' as well as a test method for 
measuring the spray force of commercial prerinse spray valves. On 
January 27, 2016, DOE published an energy conservation standards final 
rule that established three product classes based on spray force and 
established maximum flow rate requirements for each product class. 81 
FR 4748, 4801.
    In 2019, ASTM reaffirmed its 2013 standard (``ASTM F2324-13 
(2019)'').

II. Request for Information

    As an initial matter, DOE seeks comment on whether there have been 
changes in product testing methodology or new products on the market 
since the last test procedure update that may necessitate amendments to 
the test procedure for commercial prerinse spray valves. Specifically, 
DOE seeks data and information regarding whether the current test 
procedure produces results that are representative of an average use 
cycle for the product and is not unduly burdensome to conduct, and 
therefore does not need amendment.
    In the following sections, DOE has also identified a variety of 
issues on which it seeks input to determine whether amended test 
procedures for commercial prerinse spray valves would more accurately 
or fully comply with the requirements in EPCA that test procedures: (1) 
Be reasonably designed to produce test results which reflect energy use 
during a representative average use cycle, and (2) not be unduly 
burdensome to conduct. (42 U.S.C. 6293(b)(3)).
    DOE also issued an RFI to seek more information on whether its test 
procedures are reasonably designed, as required by EPCA, to produce 
results that measure the energy (and water) use or efficiency of a 
product during a representative average use cycle or period of use. 84 
FR 9721 (March 18, 2019). DOE seeks comment on this issue as it 
pertains to the test procedure for commercial prerinse spray valves.
    Additionally, DOE welcomes comments on other issues relevant to the 
conduct of this process. In particular, DOE notes that under Executive 
Order 13771, ``Reducing

[[Page 34543]]

Regulation and Controlling Regulatory Costs,'' Executive Branch 
agencies, such as DOE, are directed to manage the costs associated with 
the imposition of expenditures required to comply with Federal 
regulations. See 82 FR 9339 (Feb. 3, 2017). Consistent with that 
Executive Order, DOE encourages the public to provide input on measures 
DOE could take to lower the cost of its regulations applicable to 
commercial prerinse spray valves consistent with the requirements of 
EPCA.

A. Scope and Definitions

    EPCA initially defined a ``commercial prerinse spray valve'' as ``a 
handheld device designed and marketed for use with commercial 
dishwashing and ware washing equipment that sprays water on dishes, 
flatware, and other food service items for the purpose of removing food 
residue before cleaning the items.'' (42 U.S.C. 6291(33)(A)) EPCA 
authorizes DOE to modify the definition of commercial prerinse spray 
valves by rule to include products (1) that are used extensively in 
conjunction with commercial dishwashing and ware washing equipment, (2) 
to which the application of standards would result in significant 
energy savings, and (3) to which the application of standards would not 
be likely to result in the unavailability of any covered product type 
currently available on the market. (42 U.S.C. 6291(33)(B)(i)) EPCA also 
authorizes DOE to modify the commercial prerinse spray valve definition 
to exclude products (1) that are used for special food service 
applications, (2) that are unlikely to be widely used in conjunction 
with commercial dishwashing and ware washing equipment, and (3) to 
which the application of standards would not result in significant 
energy savings. (42 U.S.C. 6291(33)(B)(ii)) In the December 2015 CPSV 
Final Rule, DOE amended the definition of commercial prerinse spray 
valve to ``a handheld device that has a release-to-close valve and is 
suitable for removing food residue from food service items before 
cleaning them in commercial dishwashing or ware washing equipment.'' 10 
CFR 431.262.
    In determining whether a product is suitable for removing food 
residue from food service items before cleaning them in commercial 
dishwashing or ware washing equipment, DOE considers various factors 
including channels of marketing and sales, product design and 
descriptions, and actual sales to determine whether the spray valve is 
used extensively in conjunction with commercial dishwashing and ware 
washing equipment. 81 FR 81441, 81444. For example, a product marketed 
or sold through outlets that market or sell to food service entities 
such as restaurants or commercial or institutional kitchens is more 
likely to be used as a commercial prerinse spray valve than one 
marketed or sold through outlets catering to pet care. Similarly, a 
product marketed outside of the United States as suitable for removing 
food residue from food service items before cleaning them in commercial 
dishwashing or ware washing equipment would be considered similarly 
suitable if distributed in the United States. DOE also considers how a 
product is marketed and sold to end-users, including how the product is 
identified and described in product catalogs, brochures, specification 
sheets, and communications with prospective purchasers. Id. 
Additionally, DOE considers actual sales, including whether the end-
users are restaurants or commercial or institutional kitchens, even if 
those sales are indirect through an entity such as a distributor. Id.
    Although manufacturers may market different categories of spray 
valves for various uses, such as cleaning floors or walls or filling 
glasses, any such device that is suitable for use in conjunction with 
commercial dishwashing and ware washing equipment to spray water for 
the purpose of removing food residue that is a handheld device that has 
a release-to-close valve is a commercial prerinse spray valve. See, 80 
FR 35874, 35876-35877. Installation location is not a factor in 
determining whether a given model meets the definition of commercial 
prerinse spray valve. Id.
    The CPSV definition generally does not include products that are 
commonly referred to as ``pot fillers.'' A pot filler would not be 
considered a commercial prerinse spray valve because it is not suitable 
to be used for rinsing dishware before washing in a commercial 
dishwasher. A pot filler is used to fill a container with water, 
whereas a commercial prerinse spray valve is used to remove food 
residue from dishware. Consumers generally would not install a pot 
filler to be used as a commercial prerinse spray valve. In addition, 
most pot fillers are usually rigidly mounted to a wall with a swing 
arm, and are thus not handheld devices. See, 80 FR 81444.
    Issue 1: DOE requests comment on how manufacturers are currently 
applying the definition of ``commercial prerinse spray valve.''
    Issue 2: DOE requests comments on whether modifications to the 
definition are needed to more appropriately include products (1) that 
are used extensively in conjunction with commercial dishwashing and 
ware washing equipment, (2) to which the application of standards would 
result in significant energy savings, and (3) to which the application 
of standards would not be likely to result in the unavailability of any 
covered product type currently available on the market. DOE also 
requests comments on whether the definition should be modified to more 
appropriately exclude products (1) that are used for special food 
service applications, (2) that are unlikely to be widely used in 
conjunction with commercial dishwashing and ware washing equipment, and 
(3) to which the application of standards would not result in 
significant energy savings. If modifications are needed, DOE requests 
comment on how commercial prerinse spray valve should be defined.

B. Test Procedure

1. Industry Standard
    Currently, DOE's test procedure for commercial prerinse spray 
valves at 10 CFR part 431.263 incorporates by reference ASTM Standard 
F2324-13. The applicable sections of ASTM Standard F2324-13 are 
sections 6.1 through 6.9 (except 6.4 and 6.7), 9.1 through 9.4, and 
10.1 through 10.2.5 for the flow rate test method with calculations 
conducted according to section 11.3.1; and sections 6.2 and 6.4 through 
6.9, 9.1 through 9.5.3.2, and 10.3.1 through 10.3.8 for the spray force 
test method.
    Since publication of the December 2015 final rule, ASTM F2324-13 
has been reapproved to ASTM F2324-13 (2019). The 2019 version contains 
no changes from the 2013 version.
    Issue 3: DOE requests comments on updating the CPSV test procedure 
references to incorporate the reaffirmed industry standard ASTM F2324-
13 (2019), and confirmation that such an update would not result in any 
substantive changes to the current test procedure.
2. Water Pressure
    As described previously, EPCA requires that any test procedures 
prescribed or amended by DOE be reasonably designed to produce test 
results which measure energy (and water) efficiency, energy (and water) 
use or estimated annual operating cost of a covered product during a 
representative average use cycle or period of use and not be unduly 
burdensome to conduct. (42 U.S.C. 6293(b)(3)) ASTM F2324-13 specifies 
testing with a water pressure of 60  2 pounds per square 
inch (``psi''). In the December 2015 CPSV Final Rule, DOE concluded 
that 60 psi is representative of the water pressures

[[Page 34544]]

observed across the nation, based on review of water pressure data for 
commercial kitchens across the U.S. 80 FR 81441, 81446-81447.
    Issue 4: DOE requests data and comment on whether the test pressure 
of 60  2 psi continues to be representative of average U.S. 
water pressures in commercial kitchen settings.

C. Other Test Procedure Topics

    In addition to the issues identified earlier in this document, DOE 
welcomes comment on any other aspect of the existing test procedures 
for commercial prerinse spray valves. As noted previously, DOE recently 
issued an RFI to seek more information on whether its test procedures 
are reasonably designed, as required by EPCA, to produce results that 
measure the energy (and water) use or efficiency of a product during a 
representative average use cycle or period of use. 84 FR 9721 (Mar. 18, 
2019). DOE seeks comment on this issue as it pertains to the test 
procedure for commercial prerinse spray valves.
    DOE also requests comments on whether potential amendments based on 
the issues discussed would result in a test procedure that is unduly 
burdensome to conduct, particularly in light of any new equipment on 
the market since the last test procedure update. As discussed, the DOE 
test procedure incorporates specific provisions of the industry 
standard ASTM F2324-13. DOE also requests comment on the benefits and 
burdens of adopting any industry/voluntary consensus-based or other 
appropriate test procedure, without modification.
    Additionally, DOE requests comment on whether the existing test 
procedures limit a manufacturer's ability to provide additional 
features to consumers on commercial prerinse spray valves. DOE 
particularly seeks information on how the test procedures could be 
amended to reduce the cost of new or additional features and make it 
more likely that such features are included on commercial prerinse 
spray valves, while still meeting the requirements of EPCA.
    Finally, DOE also requests comments on any potential amendments to 
the existing test procedure that would address impacts on 
manufacturers, including small businesses.

III. Submission of Comments

    DOE invites all interested parties to submit in writing by July 6, 
2020, comments and information on matters addressed in this notice and 
on other matters relevant to DOE's consideration of amended test 
procedures for commercial prerinse spray valves. These comments and 
information will aid in the development of a test procedure NOPR for 
commercial prerinse spray valves if DOE determines that amended test 
procedures may be appropriate for this equipment.
    Submitting comments via https://www.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 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/courier, or postal 
mail. Comments and documents submitted via email, hand delivery/
courier, or postal 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 postal mail 
or hand delivery/courier, please provide all items on a CD, if 
feasible. It is not necessary to submit printed copies. No facsimiles 
(faxes) will be accepted.
    Comments, data, and other information submitted to DOE 
electronically should be provided in PDF (preferred), Microsoft Word or 
Excel, WordPerfect, or text (ASCII) file format. Provide documents that 
are not secured, written in English and free of any defects or viruses. 
Documents should not contain special characters or any form of 
encryption and, if possible, they should carry the electronic signature 
of the author.
    Campaign form letters. Please submit campaign form letters by the 
originating organization in batches of between 50 to 500 form letters 
per PDF or as one form letter with a list of supporters' names compiled 
into one or more PDFs. This reduces comment processing and posting 
time.
    Confidential Business Information. According to 10 CFR 1004.11, any 
person submitting information that he or she believes to be 
confidential and exempt by law from public disclosure should submit via 
email, postal mail, or hand delivery/courier two well-marked copies: 
one copy of the document marked confidential including all the 
information believed to be confidential, and one copy of the document 
marked ``non-confidential'' with the information believed to be 
confidential deleted. Submit these documents via email or on a CD, if 
feasible. DOE will make its own determination about the confidential 
status of the information and treat it according to its determination.
    It is DOE's policy that all comments may be included in the public 
docket, without change and as received, including any personal 
information provided in the comments (except information deemed to be 
exempt from public disclosure).
    DOE considers public participation to be a very important part of 
the process

[[Page 34545]]

for developing test procedures and energy conservation standards. DOE 
actively encourages the participation and interaction of the public 
during the comment period in each stage of this process. Interactions 
with and between members of the public provide a balanced discussion of 
the issues and assist DOE in the process. Anyone who wishes to be added 
to the DOE mailing list to receive future notices and information about 
this process should contact Appliance and Equipment Standards Program 
staff at (202) 287-1445 or via email at 
[email protected].

Signing Authority

    This document of the Department of Energy was signed on May 8, 
2020, by Alexander N. Fitzsimmons, Deputy Assistant Secretary for 
Energy Efficiency, pursuant to delegated authority from the Secretary 
of Energy. That document with the original signature and date is 
maintained by DOE. For administrative purposes only, and in compliance 
with requirements of the Office of the Federal Register, the 
undersigned DOE Federal Register Liaison Officer has been authorized to 
sign and submit the document in electronic format for publication, as 
an official document of the Department of Energy. This administrative 
process in no way alters the legal effect of this document upon 
publication in the Federal Register.

    Signed in Washington, DC, on May 8, 2020.
Treena V. Garrett,
Federal Register Liaison Officer, U.S. Department of Energy.
[FR Doc. 2020-11768 Filed 6-4-20; 8:45 am]
 BILLING CODE 6450-01-P
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