Energy Conservation Program: Test Procedure for Commercial Prerinse Spray Valves, 27298-27308 [2021-09708]
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Federal Register / Vol. 86, No. 96 / Thursday, May 20, 2021 / Proposed Rules
and urinals test procedure final rule]
representations with respect to the water
consumption of water closets and urinals
must be made in accordance with tests
conducted pursuant to this appendix,
manufacturers may wish to begin using this
test procedure as soon as possible.
0. Incorporation by reference
DOE incorporated by reference in § 430.3,
the entire standard for ASME A112.19.2–
2018; however, only enumerated provisions
of that document apply to this appendix, as
follows:
a. Section 7.1.2 ‘‘Gravity flush tank water
closets,’’ as specified in section 2.a of this
appendix;
b. Section 7.1.3 ‘‘Flushometer tank, electrohydraulic, or other pressurized flushing
device water closets,’’ as specified in section
2.a of this appendix;
c. Section 7.1.4 ‘‘Flushometer valve water
closets,’’ as specified in section 2.a of this
appendix;
d. Section 7.1.5 ‘‘Procedures for
standardizing the water supply system,’’ as
specified in section 2.a of this appendix;
e. Section 7.3 ‘‘Water consumption test,’’ as
specified in section 3.a of this appendix;
f. Section 8.2.1, as specified in section 2.b
of this appendix;
g. Section 8.2.2, as specified in section 2.b
of this appendix
h. Section 8.2.3, as specified in section 2.b
of this appendix;
i. Section 8.6 ‘‘Water Consumption Test,’’
as specified in section 3.b of this appendix;
j. Table 5 ‘‘Static test pressures for water
closets, kPa (psi),’’ as specified in section 2.a
and 3.a of this appendix; and
k. Table 6 ‘‘Static test pressures for urinals,
kPa (psi)’’ as specified in section 2.a and 3.a
of this appendix.
In cases where there is a conflict, the
language of the test procedure in this
appendix takes precedence over ASME
A112.19.2–2018.
1. Scope: This appendix covers the test
requirements used to measure the hydraulic
performances of water closets and urinals.
2. Test Apparatus and General Instructions
a. When testing a water closet, use the test
apparatus and follow the instructions
specified in sections 7.1.1 (including Table
5), 7.1.2, 7.1.3, 7.1.4, and 7.1.5 of ASME
A112.19.2–2018 (incorporated by reference,
see § 430.3). The flushometer valve used in
the water consumption test must represent
the maximum design flush volume of the
water closet. Record each measurement at the
resolution of the test apparatus. Round each
calculation of water consumption for each
tested unit to the same number of significant
digits as the previous step.
b. When testing a urinal, use the test
apparatus and follow the instructions
specified in sections 8.2.1, 8.2.2, and 8.2.3
(including Table 6) of ASME A112.19.2–
2018. The flushometer valve used in the
water consumption test must represent the
maximum design flush volume of the urinal.
Record each measurement at the resolution of
the test apparatus. Round each calculation of
water consumption for each tested unit to the
same number of significant digits as the
previous step.
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3. Test Measurement
a. Water closets:
(i) Measure the water flush volume for
water closets, expressed in gallons per flush
(gpf) and liters per flush (Lpf), in accordance
with section 7.3, Water Consumption Test, of
ASME A112.19.2–2018 (incorporated by
reference, see § 430.3). For dual-flush water
closets, the measurement of the water flush
volume shall be conducted separately for the
full-flush and reduced-flush modes and in
accordance with the test requirements
specified section 7.3, Water Consumption
Test, of ASME A112.19.2–2018. The final
measured flush volume for each tested unit
is the average of the total flush volumes
recorded at each test pressure as specified in
Table 5 ‘‘Static test pressures for water
closets, kPa (psi),’’ of ASME A112.19.2–2018.
(ii) Flush volume and tank trim component
adjustments: For gravity flush tank water
closets, set trim components that can be
adjusted to cause an increase in flush
volume, including (but not limited to) the
flapper valve, fill valve, and tank water level,
in accordance with the installation
instructions supplied by the manufacturer
with the unit. If the installation instructions
for the model to be tested do not specify trim
setting adjustments, adjust these trim
components to the maximum water use
setting so that the maximum flush volume is
produced without causing the water closet to
malfunction or leak. Set the water level in the
tank to the maximum water line designated
in the installation instructions supplied by
the manufacturer or the designated water line
on the tank itself, whichever is higher. If the
printed installation instructions or the water
closet tank do not indicate a water level,
adjust the water level to 1 ± 0.1 inches below
the top of the overflow tube or 1 ± 0.1 inches
below the top rim of the water-containing
vessel (for gravity flush tank water closets
that do not contain an overflow tube) for each
designated pressure specified in Table 5 of
ASME A112.19.2–2018.
b. Urinals—Measure water flush volume
for urinals, expressed in gallons per flush
(gpf) and liters per flush (Lpf), in accordance
with section 8.6, Water Consumption Test, of
ASME A112.19.2–2018. The final measured
flush volume for each tested unit is the
average of the total flush volumes recorded
at each test pressure as specified in Table 6
‘‘Static test pressures for urinals, kPa (psi),’’
of ASME A112.19.2–2018.
6. Section 430.32 is amended by
revising paragraph (q) to read as follows:
■
§ 430.32 Energy and water conservation
standards and their compliance dates.
*
*
*
*
*
(q) Water closets. (1) The maximum
water use allowed in gallons per flush
for any of the following water closets
manufactured after January 1, 1994,
shall be as follows:
Maximum
flush rate
(gpf (Lpf))
Water closet type
(i) Gravity flush tank water
closet .................................
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1.6 (6.0)
Water closet type
(ii) Flushometer tank water
closet .................................
(iii) Electromechanical hydraulic water closet ...........
(iv)Blowout bowl water closet
Maximum
flush rate
(gpf (Lpf))
1.6 (6.0)
1.6 (6.0)
3.5 (13.2)
(2) The maximum water use allowed
for flushometer valve water closets,
other than those with blowout bowls,
manufactured after January 1, 1997,
shall be 1.6 gallons per flush (6.0 liters
per flush).
*
*
*
*
*
[FR Doc. 2021–09695 Filed 5–19–21; 8:45 am]
BILLING CODE 6450–01–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: Notice of proposed rulemaking
and request for comment.
AGENCY:
The U.S. Department of
Energy (‘‘DOE’’) proposes to amend the
test procedures for commercial prerinse
spray valves to incorporate by reference
the current version of the relevant
industry standard, i.e., ASTM F2324.
ASTM F2324 (2019) is a reaffirmation of
the industry standard currently
incorporated by reference in the DOE
test procedure for commercial prerinse
spray valves and as such, this proposal
would not substantively change the
current test procedure. DOE also
proposes to amend the commercial
prerinse spray valves definition to
codify existing guidance on the
application of the definition. DOE is
seeking comment from interested parties
on the proposal.
DATES: DOE will accept comments, data,
and information regarding this proposal
no later than July 19, 2021. See section
V, ‘‘Public Participation,’’ for details.
Meeting: DOE will hold a webinar on
this proposed rule on Wednesday, June
9, 2021, from 10:00 a.m. to 3:00 p.m. See
section V, ‘‘Public Participation,’’ for
webinar registration information,
participant instructions, and
information about the capabilities
available to webinar participants
SUMMARY:
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Federal Register / Vol. 86, No. 96 / Thursday, May 20, 2021 / Proposed Rules
Comments: DOE will accept
comments, data, and information
regarding this notice of proposed
rulemaking on or before July 19, 2021.
See section V, ‘‘Public Participation,’’
for details.
ADDRESSES: Interested persons are
encouraged to submit comments using
the Federal eRulemaking Portal at
www.regulations.gov. Follow the
instructions for submitting comments.
Alternatively, interested persons may
submit, identified by docket number
EERE–2019–BT–TP–0025, following
methods:
1. Federal eRulemaking Portal:
www.regulations.gov. Follow the
instructions for submitting comments.
2. Email: to CPSV2019TP0025@
ee.doe.gov. Include docket number
EERE–2019–BT–TP–0025 in the subject
line of the message.
No telefacsimilies (‘‘faxes’’) will be
accepted. For detailed instructions on
submitting comments and additional
information on the rulemaking process,
see section V of this document.
Although DOE has routinely accepted
public comment submissions through a
variety of mechanisms, including the
Federal eRulemaking Portal, email,
postal mail, or hand delivery/courier,
the Department has found it necessary
to make temporary modifications to the
comment submission process in light of
the ongoing Covid-19 pandemic. DOE is
currently accepting only electronic
submissions at this time. If a commenter
finds that this change poses an undue
hardship, please contact Appliance
Standards Program staff at (202) 586–
1445 to discuss the need for alternative
arrangements. Once the Covid-19
pandemic health emergency is resolved,
DOE anticipates resuming all of its
regular options for public comment
submission, including postal mail and
hand delivery/courier.
Docket: The docket, which includes
Federal Register notices, public meeting
attendee lists and transcripts (if a public
meeting is held), comments, and other
supporting documents/materials, is
available for review at
www.regulations.gov. All documents in
the docket are listed in the
www.regulations.gov index. However,
some documents listed in the index,
such as those containing information
that is exempt from public disclosure,
may not be publicly available.
The docket web page can be found at
https://www.regulations.gov/docket/
EERE-2019-BT-TP-0025. The docket
web page contains instructions on how
to access all documents, including
public comments, in the docket. See
section V for information on how to
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submit comments through https://
www.regulations.gov.
FOR FURTHER INFORMATION CONTACT:
Mr. Bryan Berringer, U.S. Department of
Energy, Office of Energy Efficiency
and Renewable Energy, Building
Technologies Office, EE–2J, 1000
Independence Avenue SW,
Washington, DC, 20585–0121.
Telephone: (202) 586–0371. Email
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, review other public
comments and the docket, or participate
in a public meeting (if one is held),
contact the Appliance and Equipment
Standards Program staff at (202) 287–
1445 or by email:
ApplianceStandardsQuestions@
ee.doe.gov.
SUPPLEMENTARY INFORMATION: DOE
proposes to incorporate by reference the
following industry standard into 10 CFR
part 431: ASTM Standard F2324–13
(R2019), ‘‘Standard Test Method for
Prerinse Spray Valves;’’ Reapproved
2019 (‘‘ASTM F2324–13 (R2019)’’).
Copies of ASTM F2324–13 (R2019)
can be obtained from ASTM
International, 100 Barr Harbor Drive,
P.O. Box C700, West Conshohocken, PA
19428–2959, or by going to
www.astm.org.
For a further discussion of these
standards, see section IV.M.
Table of Contents
I. Authority and Background
A. Authority
B. Background
II. Synopsis of the Notice of Proposed
Rulemaking
III. Discussion
A. Scope and Definition
B. Updates to Industry Standards
C. Water Pressure
D. Test Procedure Costs, Harmonization,
and Other Topics
1. Test Procedure Costs and Impact
2. Harmonization With Industry
Standards
E. Compliance Date
IV. Procedural Issues and Regulatory Review
A. Review Under Executive Order 12866
B. Review Under the Regulatory Flexibility
Act
C. Review Under the Paperwork Reduction
Act of 1995
D. Review Under the National
Environmental Policy Act of 1969
E. Review Under Executive Order 13132
F. Review Under Executive Order 12988
G. Review Under the Unfunded Mandates
Reform Act of 1995
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H. Review Under the Treasury and General
Government Appropriations Act, 1999
I. Review Under Executive Order 12630
J. Review Under Treasury and General
Government Appropriations Act, 2001
K. Review Under Executive Order 13211
L. Review Under Section 32 of the Federal
Energy Administration Act of 1974
M. Description of Materials Incorporated
by Reference
V. Public Participation
A. Participation in the Webinar
B. Procedure for Submitting Prepared
General Statements for Distribution
C. Conduct of the Webinar
D. Submission of Comments
E. Issues on Which DOE Seeks Comment
VI. Approval of the Office of the Secretary
I. Authority and Background
Commercial prerinse spray valves
(‘‘CPSV’’ or ‘‘CPSVs’’) are included
among the covered products for which
DOE is authorized to establish and
amend energy conservation standards
and test procedures. (42 U.S.C.
6291(33); 42 U.S.C. 6293(b)(14); 42
U.S.C. 6295(dd)) DOE’s energy
conservation standards and test
procedures for commercial prerinse
spray valves are currently prescribed at
10 CFR part 431 subpart O.1 The
following sections discuss DOE’s
authority to establish test procedures for
CPSVs and the relevant background
information regarding DOE’s
consideration of test procedures for this
product.
A. Authority
The Energy Policy and Conservation
Act, as amended (‘‘EPCA’’),2 authorizes
DOE to regulate the energy efficiency of
several consumer products and certain
industrial equipment. (42 U.S.C. 6291–
6317) Title III, Part B 3 of EPCA
established the Energy Conservation
Program for Consumer Products Other
Than Automobiles, which sets forth a
variety of provisions designed to
improve energy efficiency, which
includes CPSVs. EPCA provides
definitions for commercial prerinse
1 Because Congress included commercial prerinse
spray valves in Part valves in Part B of Title III of
EPCA, the consumer product provisions of Part B
(not the industrial equipment provisions of Part C)
apply to commercial prerinse spray value. However,
because commercial prerinse spray valves are
commonly considered to be commercial equipment,
as a matter of administrative convenience and to
minimize confusion among interested parties, DOE
placed the requirements for commercial prerinse
spray valves into subpart O of 10 CFR part 431. Part
431 contains DOE regulations for commercial and
industrial equipment. DOE refers to commercial
prerinse spray valves as either ‘‘products’’ or
‘‘equipment.’’
2 All references to EPCA in this document refer
to the statute as amended through the Energy Act
of 2020, Public Law 116–260 (Dec. 27, 2020).
3 For editorial reasons, upon codification in the
U.S. Code, Part B was redesignated Part A.
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spray valves under 42 U.S.C. 6291(33),
the test procedure under 42 U.S.C.
6293(b)(14), and energy conservation
standards for flow rate under 42 U.S.C.
6295(dd).
The energy conservation program
under EPCA consists essentially of four
parts: (1) Testing, (2) labeling, (3)
Federal energy conservation standards,
and (4) certification and enforcement
procedures. Relevant provisions of
EPCA specifically include definitions
(42 U.S.C. 6291), test procedures (42
U.S.C. 6293), labeling provisions (42
U.S.C. 6294), energy conservation
standards (42 U.S.C. 6295), and the
authority to require information and
reports from manufacturers (42 U.S.C.
6296).
The Federal testing requirements
consist of test procedures that
manufacturers of covered products must
use as the basis for: (1) Certifying to
DOE that their products comply with
the applicable energy conservation
standards adopted pursuant to EPCA (42
U.S.C. 6295(s)), and (2) Making
representations about the efficiency of
those consumer products (42 U.S.C.
6293(c)). Similarly, DOE must use these
test procedures to determine whether
the products comply with relevant
standards promulgated under EPCA. (42
U.S.C. 6295(s))
Federal energy efficiency
requirements for covered products
established under EPCA generally
supersede State laws and regulations
concerning energy conservation testing,
labeling, and standards. (42 U.S.C. 6297)
DOE may, however, grant waivers of
Federal preemption for particular State
laws or regulations, in accordance with
the procedures and other provisions of
EPCA. (42 U.S.C. 6297(d))
Under 42 U.S.C. 6293, EPCA sets forth
the criteria and procedures DOE must
follow when prescribing or amending
test procedures for covered products.
EPCA requires that any test procedures
prescribed or amended under this
section be reasonably designed to
produce test results which measure
energy efficiency, energy use or
estimated annual operating cost of a
covered product during a representative
average use cycle or period of use and
not be unduly burdensome to conduct.
(42 U.S.C. 6293(b)(3))
With respect to CPSVs, EPCA requires
DOE to use ASTM Standard F2324
(‘‘ASTM F2324’’) as the basis for the test
procedure for measuring flow rate. (42
U.S.C. 6293(b)(14))
Further, EPCA requires that, at least
once every 7 years, DOE evaluate test
procedures for each type of covered
product, including CPSVs, to determine
whether amended test procedures
would more accurately or fully comply
with the requirements for the test
procedures to not be unduly
burdensome to conduct and be
reasonably designed to produce test
results that reflect energy efficiency,
energy use, and estimated operating
costs during a representative average
use cycle or period of use. (42 U.S.C.
6293(b)(1)(A))
If the Secretary determines, on his
own behalf or in response to a petition
by any interested person, that a test
procedure should be prescribed or
amended, the Secretary shall promptly
publish in the Federal Register
proposed test procedures and afford
interested persons an opportunity to
present oral and written data, views,
and arguments with respect to such
procedures. (42 U.S.C. 6293(b)(2)) The
comment period on a proposed rule to
amend a test procedure shall be at least
60 days and may not exceed 270
days.4 Id. In prescribing or amending a
test procedure, the Secretary shall take
into account such information as the
Secretary determines relevant to such
procedure, including technological
developments relating to energy use or
energy efficiency of the type (or class)
of covered products involved. Id. If DOE
determines that test procedure revisions
are not appropriate, DOE must publish
its determination not to amend the test
procedures. DOE is publishing this
notice of proposed rulemaking
(‘‘NOPR’’) in satisfaction of the 7-year
review requirement specified in EPCA.
(42 U.S.C. 6293(b)(1)(A))
B. Background
DOE’s existing test procedures for
CPSVs appear at 10 CFR part 431,
subpart O. DOE most recently amended
the test procedure for CPSVs in a final
rule published December 30, 2015, in
which DOE incorporated by reference
the 2013 version of ASTM F2324
(‘‘ASTM F2324–13’’). 80 FR 81441
(‘‘December 2015 Final Rule’’). Also
during the December 2015 Final Rule,
DOE revised the definition of
‘‘commercial prerinse spray valve,’’
made minor adjustments to the DOE
flow rate test method, and included a
definition of ‘‘spray force’’ as well as
added a test method for measuring the
spray force of CPSVs. In 2019, ASTM
reaffirmed the 2013 standard (‘‘ASTM
F2324–13 (2019)’’). The 2019 version
contains no changes from the 2013
version.
On June 5, 2020, DOE published a
request for information soliciting public
comment and data on all aspects of the
existing DOE test procedure for CPSVs,
including (1) the scope and definition of
the test procedure, (2) incorporation of
the reaffirmed industry standard, and
(3) the representativeness of the test
water pressure. 85 FR 34541 (‘‘June
2020 RFI’’). DOE also received a
comment requesting an extension of the
original comment period and on July 21,
2020, DOE reopened the comment
period for an additional 30 days to close
on August 20, 2020. 85 FR 44026.
DOE received comments in response
to the June 2020 RFI from the interested
parties listed in Table I.1.
TABLE I.1—WRITTEN COMMENTS RECEIVED IN RESPONSE TO JUNE 2020 RFI
Organization(s)
Reference in this NOPR
Plumbing Manufacturers Inc ..........................................................................................
Pacific Gas and Electric Company (‘‘PG&E’’), San Diego Gas and Electric
(‘‘SDG&E’’), and Southern California Edison (‘‘SCE’’).
Northwest Energy Efficiency Alliance ............................................................................
PMI .....................................
CA IOUs .............................
Trade Association.
Utilities.
NEEA ..................................
Efficiency Organization.
4 DOE has historically provided a 75-day
comment period for test procedure NOPRs,
consistent with the comment period requirement
for technical regulations in the North American
Free Trade Agreement, U.S.-Canada-Mexico
(‘‘NAFTA’’), Dec. 17, 1992, 32 I.L.M. 289 (1993); the
North American Free Trade Agreement
Implementation Act, Pub. L. 103–182, 107 Stat.
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2057 (1993) (codified as amended at 10 U.S.C.A.
2576) (1993) (‘‘NAFTA Implementation Act’’); and
Executive Order 12889, ‘‘Implementation of the
North American Free Trade Agreement,’’ 58 FR
69681 (Dec. 30, 1993). However, Congress repealed
the NAFTA Implementation Act and has replaced
NAFTA with the Agreement between the United
States of America, the United Mexican States, and
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Organization type
the United Canadian States (‘‘USMCA’’), Nov. 30,
2018, 134 Stat. 11, thereby rendering E.O. 12889
inoperable. Consequently, since the USMCA is
consistent with EPCA’s public comment period
requirements and normally requires only a
minimum comment period of 60 days for technical
regulations, DOE now provides a 60-day public
comment period for test procedure NOPRs.
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A parenthetical reference at the end of
a comment quotation or paraphrase
provides the location of the item in the
public record.5
II. Synopsis of the Notice of Proposed
Rulemaking
In this NOPR, DOE proposes to
update 10 CFR 431.264, ‘‘Uniform test
method for the measurement of flow
rate for commercial prerinse spray
valves,’’ as follows:
• Amend the CPSV definition to
codify existing guidance on the
application of the definition; and
• Incorporate by reference the
reaffirmed industry standard—ASTM
F2324–13 (2019), ‘‘Standard Test
Method for Prerinse Spray Valves.’’
Table II.1 summarizes DOE’s
proposed action compared to the
current test procedure, as well as the
reason for the proposed change.
TABLE II.1—SUMMARY OF CHANGES IN PROPOSED TEST PROCEDURE RELATIVE TO CURRENT TEST PROCEDURE
Current DOE test procedure
Proposed test procedure
A ‘‘commercial prerinse spray valve’’ is defined as ‘‘a
handheld device that has a release-to-close valve and
is suitable for removing food residue from food service
items before cleaning them in commercial dishwashing or ware washing equipment’’.
Amends the commercial prerinse spray valves definition
to codify existing guidance on the factors DOE considers to determine whether the spray valve meets
the suitability requirement in the definition. The proposed amendment does not change the scope of the
definition.
References reaffirmed industry standard-ASTM F2324–
13 (2019).
References the ASTM F2324–13 .....................................
DOE has tentatively determined that
the proposed amendments described in
section III of this document would not
alter the measured flow rate or spray
force of CPSVs, and that the proposed
test procedures would not be unduly
burdensome to conduct. Discussion of
DOE’s proposed actions are addressed
in detail in section III of this document.
III. Discussion
A. Scope and Definition
‘‘Commercial prerinse spray valve’’ is
defined as ‘‘a handheld device that has
a release-to-close valve and is suitable
for removing food residue from food
service items before cleaning them in
commercial dishwashing or ware
washing equipment.’’ 10 CFR 431.262.
In the June 2020 RFI, DOE requested
comment as to how manufacturers are
currently applying the existing
definition and if any modifications to
the definition are needed to more
appropriately include or exclude
products. 85 FR 34541, 34543.
In response to the June 2020 RFI, PMI
commented that manufacturers are
applying the current definition to
CPSVs distributed and sold as part of a
unit (e.g., included with a wall mount,
hose, overhead spring, etc.) and
separately, typically as a replacement to
a unit. (PMI No. 5 at p. 3) NEEA
recommended that DOE review the
definition to ensure that manufacturers
and market actors are clear on which
products must comply. NEEA stated
that many valves on the market appear
5 The parenthetical reference provides a reference
for information located in the docket of DOE’s
rulemaking to develop test procedures for CPSVs.
(Docket No. EERE–2019–BT–TP–0025, which is
maintained at www.regulations.gov/
#!docketDetail;D= EERE–2019–BT–TP–0025). The
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Attribution
Clarification of scope.
Industry TP Reaffirmed in
2019.
to meet the definition of CPSV but have
flow rates above the energy conservation
standard. (NEEA, No. 6 at p. 1)
Specifically, NEEA referenced
comments it submitted in response to an
energy conservation standards RFI,
regarding CPSVs 6 in which NEEA
identified products that it stated appear
to meet the definition of CPSV, but have
represented flowrates above the current
CPSV standard and/or are not included
in DOE’s Compliance Certification
Management System. 85 FR 35383 (June
10, 2020) (NEEA, No. 6 at p. 1,
referencing Docket No. EERE–2019–BT–
STD–0034–0007 at p. 2) NEEA
recommended that DOE conduct an
investigation to ensure all products on
the market comply with the standard.
(NEEA, No. 6 at p. 1)
When surveying the market, DOE
notes that a basic model of CPSVs may
include more than one individual CPSV
model. For the purpose of CPSVs, a
basic model is defined as ‘‘all spray
settings of a given class manufactured
by one manufacturer, which have
essentially identical physical and
functional (or hydraulic) characteristics
that affect water consumption or water
efficiency.’’ 10 CFR 431.262. For each
basic model that is subject to an
applicable energy conservation
standard, manufacturers must submit a
certification report to DOE in
accordance with the general
requirements set out in 10 CFR 429.12
and the requirements specific to CPSVs
at 10 CFR 429.51(b).
DOE recognizes that representations
may be made by third-party retailers
and distributers in addition to those by
manufacturers. DOE reiterates that
EPCA prohibits manufacturers,
distributors, retailers, and private
labelers of CPSVs from making any
representation in writing (including a
representation on a label) or in any
broad advertisement, with respect to the
energy use or efficiency or water use of
a covered product to which a test
procedure is applicable, unless such
product has been tested in accordance
with such test procedure and such
representation fairly discloses the
results of such testing. (42 U.S.C.
6293(c))
NEEA further stated that if necessary,
DOE should also consider revisiting the
definition for CPSV to ensure that
manufacturers and market actors are
clear on which products must comply to
avoid non-compliance in the future.
(NEEA, No. 6 at p. 1)
As explained in the June 2020 RFI
and the December 2015 Final Rule, in
determining whether a product is
suitable for removing food residue from
food service items before cleaning them
in commercial dishwashing or ware
washing equipment, DOE considers
various factors including channels of
marketing and sales, product design and
descriptions, and actual sales to
determine the spray valve’s actual use
in conjunction with commercial
dishwashing and ware washing
equipment. 85 FR 34541, 34543; 80 FR
81441, 81444. For example, a product
references are arranged as follows: (Commenter
name, comment docket ID number, page of that
document).
6 On June 10, 2020, DOE initiated an early
assessment review to determine whether any new
or amended standards would satisfy the relevant
requirements of EPCA for a new or amended energy
conservation standard for commercial prerinse
spray valves. 85 FR 35383 (‘‘June 2020 ECS RFI’’).
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marketed or sold through outlets that
market or sell to food service entities
such as restaurants or commercial or
institutional kitchens is more likely to
be considered suitable for removing
food residue from food service items
before cleaning them in commercial
dishwashing or ware washing
equipment as compared to a product
sold exclusively through outlets catering
to pet care. Id. Similarly, a product
marketed outside of the United States as
suitable for removing food residue from
food service items before cleaning them
in commercial dishwashing or ware
washing equipment would be
considered similarly suitable if
distributed in the United States. Id. DOE
also considers how a product is
marketed and sold to end users,
including how the product is identified
and described in product catalogs,
brochures, specification sheets, and
communications with prospective
purchasers. Id. Additionally, DOE
considers actual sales, including
whether the end-users are restaurants or
commercial or institutional kitchens,
even if those sales are indirect through
an entity such as a distributor. Id.
In order to provide further certainty as
to the definition of ‘‘commercial
prerinse spray valve’’ DOE is proposing
to amend the definition to include
previously provided guidance on
determining whether equipment is
suitable for removing food residue from
food service items before cleaning them
in commercial dishwashing or ware
washing equipment.
Specifically, DOE proposes to define
a ‘‘commercial prerinse spray valve’’ as
‘‘a handheld device that has a releaseto-close valve and is suitable for
removing food residue from food service
items before cleaning them in
commercial dishwashing or ware
washing equipment. DOE may
determine that a device is suitable for
removing food residue from food service
items before cleaning them in
commercial dishwashing or ware
washing equipment based on any or all
of the following: (1) Equipment design
and representations (for example,
whether equipment is represented as
being capable of rinsing dishes as
compared to equipment that is
represented exclusively for washing
walls and floors); (2) Channels of
marketing and sales (for example,
whether equipment is marketed or sold
through outlets that market or sell to
food service entities); (3) Actual sales.’’
The proposed amendment to the
definition of ‘‘commercial prerinse
spray valve’’ is not intended to change
the scope of the definition. DOE is not
proposing to cover equipment as a CPSV
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that is not already covered under the
current definition. The proposal would
codify in the CFR existing guidance on
the application of the current definition.
By codifying the guidance,
manufacturers would have further
certainty as to the application of the
definition.
DOE requests comments on the
proposed definition of CPSVs.
B. Updates to Industry Standards
Currently, DOE’s test procedure for
CPSVs at 10 CFR 431.263 incorporates
by reference ASTM F2324–13. The
specific sections of ASTM F2324–13
that are applicable to the test method in
10 CFR 431.264 are the test methods for
measuring flow rate at sections 6.1
through 6.9 (except 6.4 and 6.7), 9.1
through 9.4, and 10.1 through 10.2.5 of
ASTM F2324–13. 10 CFR 431.264(b)(1).
The DOE test procedure incorporates
the corresponding calculations in
section 11.3.1 of ASTM F2343–13. For
the spray force test method, the DOE
test procedure incorporates by reference
sections 6.2, 6.4 through 6.9, 9.1
through 9.5.3.2, and 10.3.1 through
10.3.8 of ASTM F2324–13. 10 CFR
431.264(b)(2).
Since publication of the December
2015 Final Rule, ASTM F2324–13 has
been reaffirmed as the industry test
procedure ASTM F2324–13 (2019). The
2019 version contains no changes from
the 2013 version. In the June 2020 RFI,
DOE requested comment on updating
the referenced industry standard to
ASTM F2324–13 (2019) and
confirmation that this change would not
result in any changes to the DOE test
procedure. 85 FR 34541, 34543. In
response, PMI commented that it
supports incorporating the reaffirmed
industry standard. (PMI, No. 5 at p. 4)
DOE did not receive any comments in
opposition to this inquiry. In this NOPR,
DOE proposes to update the CPSV test
procedure to reference the reaffirmed
industry standard, ASTM F2324–13
(2019).
DOE requests comments on its
proposal to update the CPSV test
procedure references to incorporate the
reaffirmed industry standard ASTM
F2324–13 (2019), and confirmation that
such an update would not result in any
substantive changes to the current test
procedure.
C. Water Pressure
EPCA requires that any test
procedures prescribed or amended by
DOE be reasonably designed to produce
test results which measure energy (and
water) efficiency, energy (and water) use
or estimated annual operating cost of a
covered product during a representative
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average use cycle or period of use and
not be unduly burdensome to conduct.
(42 U.S.C. 6293(b)(3)) ASTM F2324–13
specifies testing with a water pressure of
60 ± 2 pounds per square inch (‘‘psi’’).7
In the December 2015 Final Rule, DOE
concluded that 60 psi is representative
of the water pressures observed across
the nation, based on review of water
pressure data for commercial kitchens
across the U.S. 80 FR 81441, 81446–
81447.
In the June 2020 RFI, DOE requested
comment or any data on whether the
test pressure of 60 ± 2 psi continues to
be representative of the average U.S.
water pressures in commercial kitchen
settings. 85 FR 34541, 34544.
CA IOUs and NEEA both commented
that low water pressure is the leading
cause of reduced user satisfaction and
can lead to consumers seeking other
products or retrofit alterations. (CA
IOUs, No. 3 at p. 2; NEEA, No. 6 at
p. 2) Citing that the range of pressures
can vary, CA IOUs and NEEA
recommended reducing the test pressure
to 40 psi to ensure that CPSVs meet
performance expectation for consumers
with below-average water pressure. (CA
IOUs, No. 3 at p. 1–3; NEEA, No. 6 at
p. 2) CA IOUs stated that because flow
rate increases with water pressure, if
CPSVs can meet performance
expectations at the lowest water
pressure likely to be available in a
building, then it is highly likely that the
CPSV will also meet performance
requirements at the higher water
pressure. (CA IOUs, No. 3 at p. 2–3) CA
IOUs and NEEA stated that lower water
test pressure would ensure consumer
utility, reduce user dissatisfaction,
ensure higher retention rates of
compliant CPSVs (and low-flow CPSVs),
and prevent customers from seeking out
higher flowrate valves instead. (CA
IOUs, No. 3 at p. 1–3; NEEA, No. 6 at
p. 2)
PMI commented that it believes the
current test pressure of 60 ± 2 psi is
representative and it is not aware of any
data or market feedback that would
warrant revising the current test
pressure. (PMI, No. 5 at p. 4)
As an accompaniment to the
December 2015 Final Rule, DOE
provided a separate report titled
‘‘Analysis of Water Pressure for Testing
Commercial Prerinse Spray Valves Final
Report,’’ 8 in which DOE collected data
from studies that reported operating
7 The latest version of the industry standard,
ASTM F2324–13 (2019), that DOE is proposing to
incorporate by reference in this document also
specifies testing with a water pressure at 60 ± 2 psi.
8 The water pressure sensitivity analysis is
available at www.regulations.gov under docket
number EERE–2014–BT–TP–0055.
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pressures and flow rates for typical
CPSV applications to determine the
representative water pressure for testing
commercial prerinse spray valves. The
report concluded that although the flow
rate of CPSVs can vary by almost 40
percent when the water pressure
changes from the analyzed range of 40
psi to 80 psi, the weighted average flow
rate for CPSVs installed with varying
supply pressures results in a 5-percent
decrease in flow rate as compared to the
flow rate of a CPSV installed with a
water pressure of 60 psi. (Docket No.
EERE–2014–BT–TP–0055–0008 at p. 4–
5) Accordingly, DOE determined that 60
psi is sufficiently representative of the
water pressures CPSVs will experience
in the field. Id.
While CA IOUs and NEEA
recommended updating the test
pressure to 40 psi, neither provided any
data to suggest 40 psi would be more
representative of an average use than 60
psi. Rather, DOE understands that CA
IOUs and NEEA recommended a change
in test pressure to resolve concerns
regarding consumer satisfaction and
consumer utility primarily for low-flow
CPSVs, especially at the lower end of
the water pressure range. However, as
noted previously, water pressure can
vary based on the site of installation of
CPSV. Testing a CPSV using a water
pressure that represents the average of a
range of typical water pressures
provides a more representative result
than testing at a single water pressure at
one end of the range (i.e., a lowest water
pressure).
DOE did not receive any other
comment or data suggesting a different
test pressure than 60 psi that is more
representative of an average use cycle.
As discussed previously, the
requirement in 10 CFR 431.264 to test
at 60 ± 2 psi is based on ASTM F2324–
13, which is an industry consensus
standard. The ASTM industryconsensus process includes input from
a wide variety of national stakeholders.
For all the reasons DOE discussed in
this section, DOE proposes to maintain
the current test pressure of 60 ± 2 psi.
DOE requests additional data on water
pressure for commercial kitchens across
the U.S.
D. Test Procedures Costs,
Harmonization and Other Topics
1. Test Procedure Cost and Impact
In this NOPR, DOE proposes to amend
the existing test procedure for CPSVs by
revising the definition of CPSV to clarify
the scope and updating the existing
references to the reaffirmed industry
standard. DOE does not anticipate that
the amendments proposed would
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impact test costs because DOE has
tentatively determined that the
proposed amendments would not be
unduly burdensome for manufacturers
to conduct and would not result in any
additional cost.
DOE proposes to amend the CPSV
definition by codifying in the CFR
existing guidance on the application of
the current definition. By codifying the
guidance, manufacturers would have
further certainty as to the application of
the definition. This proposal would not
change the scope of the definition.
Currently, DOE’s test procedure for
CPSVs at 10 CFR 431.263 incorporates
by reference ASTM F2324–13. In this
NOPR, DOE proposes to amend the
existing test procedure for CPSVs by
incorporating by reference the
reaffirmed version of the industry
standard, ASTM F2324–13 (2019).
Incorporations of the reaffirmed
industry standard would harmonize
DOE’s test procedures with the current
industry practice.
DOE has tentatively determined that
manufacturers would be able to rely on
data generated under the current test
procedure when certifying CPSVs to
DOE should any of these additional
proposed amendments be finalized.
DOE requests comment on its initial
determination that manufacturers would
not incur any additional testing costs
solely due to the proposed amendments.
2. Harmonization With Industry
Standards
DOE’s established practice is to adopt
relevant industry standards as DOE test
procedures unless such methodology
would be unduly burdensome to
conduct or would not produce test
results that reflect the energy efficiency,
energy use, water use (as specified in
EPCA) or estimated operating costs of
that product during a representative
average use cycle or period of use. 42
U.S.C. 6293(b)(3)–(4); 10 CFR 431.4 and
sec. 8(c) of appendix A to subpart C of
part 430. In cases where the industry
standard does not meet EPCA statutory
criteria for test procedures, DOE will
make modifications through the
rulemaking process to these standards
in order to adopt them as the DOE test
procedure.9
The test procedures for CPSVs at 10
CFR 431.264 incorporates by reference
ASTM F2324–13. DOE noted in the
December 2015 Final Rule that there
were some inconsistencies and sources
of ambiguity in the industry standard
and therefore adopted several
9 On April 12, 2021, DOE published a NOPR
which proposed revisions to 10 CFR part 430
subpart C appendix A. 86 FR 18901.
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27303
clarifications of minor issues regarding
the terminology used into DOE’s test
procedure at 10 CFR 431.264 to improve
the repeatability and consistency of the
test procedure. 80 FR 81441, 81447.
DOE has not proposed any updates to
the clarifying language that was adopted
in the December 2015 Final Rule. The
industry standard DOE proposes to
incorporate by reference via
amendments described in this
document is discussed in further detail
in section III.B. DOE requests comments
on the benefits and burdens of the
proposed update and existing additions
to the industry standard referenced in
the test procedure for CPSVs.
DOE notes that the reaffirmed
industry standard does not make any
changes to the previous industry
standard. DOE is not aware of any other
industry test procedures relevant to
CPSVs.
E. Compliance Date
EPCA prescribes that, if DOE amends
a test procedure, all representations of
energy efficiency and energy use,
including those made on marketing
materials and product labels, must be
made in accordance with that amended
test procedure, beginning 180 days after
publication of such a test procedure
final rule in the Federal Register. (42
U.S.C. 6293(c)(2))
If DOE were to publish an amended
test procedure, EPCA provides an
allowance for individual manufacturers
to petition DOE for an extension of the
180-day period if the manufacturer may
experience undue hardship in meeting
the deadline. (42 U.S.C. 6293(c)(3)) To
receive such an extension, petitions
must be filed with DOE no later than 60
days before the end of the 180-day
period and must detail how the
manufacturer will experience undue
hardship. Id.
IV. Procedural Issues and Regulatory
Review
A. Review Under Executive Order 12866
The Office of Management and Budget
(‘‘OMB’’) has determined that this test
procedure rulemaking does not
constitute a significant regulatory action
under section 3(f) of Executive Order
(‘‘E.O.’’) 12866, Regulatory Planning and
Review, 58 FR 51735 (Oct. 4, 1993).
Accordingly, this action was not subject
to review under the Executive Order by
the Office of Information and Regulatory
Affairs (‘‘OIRA’’) in OMB.
B. Review Under the Regulatory
Flexibility Act
The Regulatory Flexibility Act (5
U.S.C. 601 et seq.) requires preparation
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of an initial regulatory flexibility
analysis (‘‘IRFA’’) for any rule that by
law must be proposed for public
comment, unless the agency certifies
that the rule, if promulgated, will not
have a significant economic impact on
a substantial number of small entities.
As required by Executive Order 13272,
‘‘Proper Consideration of Small Entities
in Agency Rulemaking,’’ 67 FR 53461
(August 16, 2002), DOE published
procedures and policies on February 19,
2003, to ensure that the potential
impacts of its rules on small entities are
properly considered during the DOE
rulemaking process. 68 FR 7990. DOE
has made its procedures and policies
available on the Office of the General
Counsel’s website: https://energy.gov/
gc/office-general-counsel.
DOE initially concludes that the
impacts of the test procedure
amendments proposed in this NOPR
would not have a ‘‘significant economic
impact on a substantial number of small
entities,’’ and that the preparation of an
IRFA is not warranted. DOE will
transmit the certification and supporting
statement of factual basis to the Chief
Counsel for Advocacy of the Small
Business Administration for review
under 5 U.S.C. 605(b).
to the requirements of the PRA, unless
that collection of information displays a
currently valid OMB Control Number.
The amendment proposed in this
NOPR, if made final, would not impact
the reporting burden for manufacturers
of CPSVs.
C. Review Under the Paperwork
Reduction Act of 1995
Manufacturers of CPSVs must certify
to DOE that their products comply with
any applicable energy conservation
standards. To certify compliance,
manufacturers must first obtain test data
for their products according to the DOE
test procedures, including any
amendments adopted for those test
procedures. DOE has established
regulations for the certification and
recordkeeping requirements for all
covered consumer products and
commercial equipment, including
CPSVs. (See generally 10 CFR part 429)
The collection-of-information
requirement for the certification and
recordkeeping is subject to review and
approval by OMB under the Paperwork
Reduction Act (‘‘PRA’’). This
requirement has been approved by OMB
under OMB control number 1910–1400.
Public reporting burden for the
certification is estimated to average 35
hours per response, including the time
for reviewing instructions, searching
existing data sources, gathering and
maintaining the data needed, and
completing and reviewing the collection
of information.
Notwithstanding any other provision
of the law, no person is required to
respond to, nor shall any person be
subject to a penalty for failure to comply
with, a collection of information subject
E. Review Under Executive Order 13132
Executive Order 13132, ‘‘Federalism,’’
64 FR 43255 (Aug. 4, 1999) imposes
certain requirements on agencies
formulating and implementing policies
or regulations that preempt State law or
that have Federalism implications. The
Executive Order requires agencies to
examine the constitutional and statutory
authority supporting any action that
would limit the policymaking discretion
of the States and to carefully assess the
necessity for such actions. The
Executive Order also requires agencies
to have an accountable process to
ensure meaningful and timely input by
State and local officials in the
development of regulatory policies that
have Federalism implications. On
March 14, 2000, DOE published a
statement of policy describing the
intergovernmental consultation process
it will follow in the development of
such regulations. 65 FR 13735. DOE has
examined this proposed rule and has
determined that it would not have a
substantial direct effect on the States, on
the relationship between the national
government and the States, or on the
distribution of power and
responsibilities among the various
levels of government. EPCA governs and
prescribes Federal preemption of State
regulations as to energy conservation for
the products that are the subject of this
proposed rule. States can petition DOE
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D. Review Under the National
Environmental Policy Act of 1969
In this proposed rule, DOE proposes
test procedure amendments that it
expects will be used to develop and
implement future energy conservation
standards for CPSVs. DOE has
determined that this rule falls into a
class of actions that are categorically
excluded from review under the
National Environmental Policy Act of
1969 (42 U.S.C. 4321 et seq.) and DOE’s
implementing regulations at 10 CFR part
1021. Specifically, DOE has determined
that adopting test procedures for
measuring energy efficiency of
consumer products and industrial
equipment is consistent with activities
identified in 10 CFR part 1021,
appendix A to subpart D, secs. A5 and
A6. Accordingly, neither an
environmental assessment nor an
environmental impact statement is
required.
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for exemption from such preemption to
the extent, and based on criteria, set
forth in EPCA. (42 U.S.C. 6297(d)) No
further action is required by Executive
Order 13132.
F. Review Under Executive Order 12988
Regarding the review of existing
regulations and the promulgation of
new regulations, section 3(a) of
Executive Order 12988, ‘‘Civil Justice
Reform,’’ 61 FR 4729 (Feb. 7, 1996),
imposes on Federal agencies the general
duty to adhere to the following
requirements: (1) Eliminate drafting
errors and ambiguity, (2) write
regulations to minimize litigation, (3)
provide a clear legal standard for
affected conduct rather than a general
standard, and (4) promote simplification
and burden reduction. Section 3(b) of
Executive Order 12988 specifically
requires that Executive agencies make
every reasonable effort to ensure that the
regulation (1) clearly specifies the
preemptive effect, if any, (2) clearly
specifies any effect on existing Federal
law or regulation, (3) provides a clear
legal standard for affected conduct
while promoting simplification and
burden reduction, (4) specifies the
retroactive effect, if any, (5) adequately
defines key terms, and (6) addresses
other important issues affecting clarity
and general draftsmanship under any
guidelines issued by the Attorney
General. Section 3(c) of Executive Order
12988 requires Executive agencies to
review regulations in light of applicable
standards in sections 3(a) and 3(b) to
determine whether they are met or it is
unreasonable to meet one or more of
them. DOE has completed the required
review and determined that, to the
extent permitted by law, the proposed
rule meets the relevant standards of
Executive Order 12988.
G. Review Under the Unfunded
Mandates Reform Act of 1995
Title II of the Unfunded Mandates
Reform Act of 1995 (‘‘UMRA’’) requires
each Federal agency to assess the effects
of Federal regulatory actions on State,
local, and Tribal governments and the
private sector. Public Law 104–4, sec.
201 (codified at 2 U.S.C. 1531). For a
proposed regulatory action likely to
result in a rule that may cause the
expenditure by State, local, and Tribal
governments, in the aggregate, or by the
private sector of $100 million or more
in any one year (adjusted annually for
inflation), section 202 of UMRA requires
a Federal agency to publish a written
statement that estimates the resulting
costs, benefits, and other effects on the
national economy. (2 U.S.C. 1532(a), (b))
The UMRA also requires a Federal
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agency to develop an effective process
to permit timely input by elected
officers of State, local, and Tribal
governments on a proposed ‘‘significant
intergovernmental mandate,’’ and
requires an agency plan for giving notice
and opportunity for timely input to
potentially affected small governments
before establishing any requirements
that might significantly or uniquely
affect small governments. On March 18,
1997, DOE published a statement of
policy on its process for
intergovernmental consultation under
UMRA. 62 FR 12820; also available at
https://energy.gov/gc/office-generalcounsel. DOE examined this proposed
rule according to UMRA and its
statement of policy and determined that
the rule contains neither an
intergovernmental mandate, nor a
mandate that may result in the
expenditure of $100 million or more in
any year, so these requirements do not
apply.
H. Review Under the Treasury and
General Government Appropriations
Act, 1999
Section 654 of the Treasury and
General Government Appropriations
Act, 1999 (Pub. L. 105–277) requires
Federal agencies to issue a Family
Policymaking Assessment for any rule
that may affect family well-being. This
proposed rule would not have any
impact on the autonomy or integrity of
the family as an institution.
Accordingly, DOE has concluded that it
is not necessary to prepare a Family
Policymaking Assessment.
I. Review Under Executive Order 12630
DOE has determined, under Executive
Order 12630, ‘‘Governmental Actions
and Interference with Constitutionally
Protected Property Rights’’ 53 FR 8859
(March 18, 1988), that this proposed
regulation would not result in any
takings that might require compensation
under the Fifth Amendment to the U.S.
Constitution.
J. Review Under Treasury and General
Government Appropriations Act, 2001
Section 515 of the Treasury and
General Government Appropriations
Act, 2001 (44 U.S.C. 3516 note) provides
for agencies to review most
disseminations of information to the
public under guidelines established by
each agency pursuant to general
guidelines issued by OMB. OMB’s
guidelines were published at 67 FR
8452 (Feb. 22, 2002), and DOE’s
guidelines were published at 67 FR
62446 (Oct. 7, 2002). Pursuant to OMB
Memorandum M–19–15, Improving
Implementation of the Information
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Quality Act (April 24, 2019), DOE
published updated guidelines which are
available at https://www.energy.gov/
sites/prod/files/2019/12/f70/
DOE%20Final%20Updated%20
IQA%20Guidelines%20Dec%20
2019.pdf. DOE has reviewed this
proposed rule under the OMB and DOE
guidelines and has concluded that it is
consistent with applicable policies in
those guidelines.
K. Review Under Executive Order 13211
Executive Order 13211, ‘‘Actions
Concerning Regulations That
Significantly Affect Energy Supply,
Distribution, or Use,’’ 66 FR 28355 (May
22, 2001), requires Federal agencies to
prepare and submit to OMB, a
Statement of Energy Effects for any
proposed significant energy action. A
‘‘significant energy action’’ is defined as
any action by an agency that
promulgated or is expected to lead to
promulgation of a final rule, and that
(1)(i) is a significant regulatory action
under Executive Order 12866, or any
successor order; and (ii) is likely to have
a significant adverse effect on the
supply, distribution, or use of energy; or
(2) is designated by the Administrator of
OIRA as a significant energy action. For
any proposed significant energy action,
the agency must give a detailed
statement of any adverse effects on
energy supply, distribution, or use
should the proposal be implemented,
and of reasonable alternatives to the
action and their expected benefits on
energy supply, distribution, and use.
The proposed regulatory action to
amend the test procedure for measuring
the energy efficiency of CPSVs is not a
significant regulatory action under
Executive Order 12866. Moreover, it
would not have a significant adverse
effect on the supply, distribution, or use
of energy, nor has it been designated as
a significant energy action by the
Administrator of OIRA. Therefore, it is
not a significant energy action, and,
accordingly, DOE has not prepared a
Statement of Energy Effects.
L. Review Under Section 32 of the
Federal Energy Administration Act of
1974
Under section 301 of the Department
of Energy Organization Act (Pub. L. 95–
91; 42 U.S.C. 7101), DOE must comply
with section 32 of the Federal Energy
Administration Act of 1974, as amended
by the Federal Energy Administration
Authorization Act of 1977. (15 U.S.C.
788; ‘‘FEAA’’) Section 32 essentially
provides in relevant part that, where a
proposed rule authorizes or requires use
of commercial standards, the notice of
proposed rulemaking must inform the
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27305
public of the use and background of
such standards. In addition, section
32(c) requires DOE to consult with the
Attorney General and the Chairman of
the Federal Trade Commission (‘‘FTC’’)
concerning the impact of the
commercial or industry standards on
competition.
The proposed modifications to the
test procedure for CPSVs would
incorporate testing methods contained
in certain sections of the following
commercial standards: ASTM F2324–
13. DOE has evaluated this standard and
is unable to conclude whether it fully
complies with the requirements of
section 32(b) of the FEAA (i.e., whether
it was developed in a manner that fully
provides for public participation,
comment, and review.) DOE will
consult with both the Attorney General
and the Chairman of the FTC
concerning the impact of these test
procedures on competition, prior to
prescribing a final rule.
M. Description of Materials
Incorporated by Reference
In this NOPR, DOE proposes to
incorporate by reference the test
standard published by ASTM
International, titled ‘‘Standard Test
Method for Prerinse Spray Valves,’’
ASTM F2324–13 (R2019). ASTM
F2324–13 (R2019) is an industryaccepted test procedure that measures
water flow rate and spray force for
CPSVs and is applicable to product sold
in North America. The test procedure
proposed in this document references
various sections of ASTM F2324–13
(R2019) that address test setup,
instrumentation, test conduct, and
calculations. ASTM F2324–13 (R2019)
is available at ASTM’s website at
www.astm.org/Standard/standards-andpublications.html.
V. Public Participation
A. Participation in the Webinar
The time and date of the webinar are
listed in the DATES section at the
beginning of this document. Webinar
registration information, participant
instructions, and information about the
capabilities available to webinar
participants will be published on DOE’s
website: https://www1.eere.energy.gov/
buildings/appliance_standards/
standards.aspx?productid=69&action=
viewcurrent. Participants are
responsible for ensuring their systems
are compatible with the webinar
software.
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B. Procedure for Submitting Prepared
General Statements for Distribution
Any person who has an interest in the
topics addressed in this proposed
rulemaking, or who is representative of
a group or class of persons that has an
interest in these issues, may request an
opportunity to make an oral
presentation at the webinar. Such
persons may submit requests to speak
by email to: CPSV2019TP0025@
ee.doe.gov. Persons who wish to speak
should include with their request a
computer file in WordPerfect, Microsoft
Word, PDF, or text (ASCII) file format
that briefly describes the nature of their
interest in this rulemaking and the
topics they wish to discuss. Such
persons should also provide a daytime
telephone number where they can be
reached.
Persons requesting to speak should
briefly describe the nature of their
interest in this rulemaking and provide
a telephone number for contact. DOE
requests persons selected to make an
oral presentation to submit an advance
copy of their statements at least two
weeks before the webinar. At its
discretion, DOE may permit persons
who cannot supply an advance copy of
their statement to participate, if those
persons have made advance alternative
arrangements with the Building
Technologies Office. As necessary,
requests to give an oral presentation
should ask for such alternative
arrangements.
C. Conduct of the Webinar
DOE will designate a DOE official to
preside at the webinar and may also use
a professional facilitator to aid
discussion. The meeting will not be a
judicial or evidentiary-type public
hearing, but DOE will conduct it in
accordance with section 336 of EPCA
(42 U.S.C. 6306). A court reporter will
be present to record the proceedings and
prepare a transcript. DOE reserves the
right to schedule the order of
presentations and to establish the
procedures governing the conduct of the
webinar. There shall not be discussion
of proprietary information, costs or
prices, market share, or other
commercial matters regulated by U.S.
anti-trust laws. After the webinar and
until the end of the comment period,
interested parties may submit further
comments on the proceedings and any
aspect of the rulemaking.
The webinar will be conducted in an
informal, conference style. DOE will
present summaries of comments
received before the webinar, allow time
for prepared general statements by
participants, and encourage all
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16:57 May 19, 2021
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interested parties to share their views on
issues affecting this rulemaking. Each
participant will be allowed to make a
general statement (within time limits
determined by DOE), before the
discussion of specific topics. DOE will
allow, as time permits, other
participants to comment briefly on any
general statements.
At the end of all prepared statements
on a topic, DOE will permit participants
to clarify their statements briefly and
comment on statements made by others.
Participants should be prepared to
answer questions by DOE and by other
participants concerning these issues.
DOE representatives may also ask
questions of participants concerning
other matters relevant to this
rulemaking. The official conducting the
webinar will accept additional
comments or questions from those
attending, as time permits. The
presiding official will announce any
further procedural rules or modification
of the above procedures that may be
needed for the proper conduct of the
webinar.
A transcript of the webinar will be
included in the docket, which can be
viewed as described in the Docket
section at the beginning of this
document and will be accessible on the
DOE website. In addition, any person
may buy a copy of the transcript from
the transcribing reporter.
D. Submissions of Comments
DOE will accept comments, data, and
information regarding this proposed
rule no later than the date provided in
the DATES section at the beginning of
this proposed rule. Interested parties
may submit comments using any of the
methods described in the ADDRESSES
section at the beginning of this
document.
Submitting comments via
www.regulations.gov. The
www.regulations.gov web page will
require you to provide your name and
contact information. Your contact
information will be viewable to DOE
Building Technologies staff only. Your
contact information will not be publicly
viewable except for your first and last
names, organization name (if any), and
submitter representative name (if any).
If your comment is not processed
properly because of technical
difficulties, DOE will use this
information to contact you. If DOE
cannot read your comment due to
technical difficulties and cannot contact
you for clarification, DOE may not be
able to consider your comment.
However, your contact information
will be publicly viewable if you include
it in the comment or in any documents
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attached to your comment. Any
information that you do not want to be
publicly viewable should not be
included in your comment, nor in any
document attached to your comment.
Persons viewing comments will see only
first and last names, organization
names, correspondence containing
comments, and any documents
submitted with the comments.
Do not submit to www.regulations.gov
information for which disclosure is
restricted by statute, such as trade
secrets and commercial or financial
information (hereinafter referred to as
Confidential Business Information
(‘‘CBI’’)). Comments submitted through
www.regulations.gov cannot be claimed
as CBI. Comments received through the
website will waive any CBI claims for
the information submitted. For
information on submitting CBI, see the
Confidential Business Information
section.
DOE processes submissions made
through www.regulations.gov before
posting. Normally, comments will be
posted within a few days of being
submitted. However, if large volumes of
comments are being processed
simultaneously, your comment may not
be viewable for up to several weeks.
Please keep the comment tracking
number that www.regulations.gov
provides after you have successfully
uploaded your comment.
Submitting comments via email.
Comments and documents submitted
via email also will be posted to
www.regulations.gov. If you do not want
your personal contact information to be
publicly viewable, do not include it in
your comment or any accompanying
documents. Instead, provide your
contact information on a cover letter.
Include your first and last names, email
address, telephone number, and
optional mailing address. The cover
letter will not be publicly viewable as
long as it does not include any
comments.
Include contact information each time
you submit comments, data, documents,
and other information to DOE. No
telefacsimiles (faxes) will be accepted.
Comments, data, and other
information submitted to DOE
electronically should be provided in
PDF (preferred), Microsoft Word or
Excel, WordPerfect, or text (ASCII) file
format. Provide documents that are not
secured, written in English and free of
any defects or viruses. Documents
should not contain special characters or
any form of encryption and, if possible,
they should carry the electronic
signature of the author.
Campaign form letters. Please submit
campaign form letters by the originating
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organization in batches of between 50 to
500 form letters per PDF or as one form
letter with a list of supporters’ names
compiled into one or more PDFs. This
reduces comment processing and
posting time.
Confidential Business Information.
Pursuant to 10 CFR 1004.11, any person
submitting information that he or she
believes to be confidential and exempt
by law from public disclosure should
submit via email two well-marked
copies: One copy of the document
marked confidential including all the
information believed to be confidential,
and one copy of the document marked
non-confidential with the information
believed to be confidential deleted. DOE
will make its own determination about
the confidential status of the
information and treat it according to its
determination.
It is DOE’s policy that all comments
may be included in the public docket,
without change and as received,
including any personal information
provided in the comments (except
information deemed to be exempt from
public disclosure).
E. Issues on Which DOE Seeks Comment
Although DOE welcomes comments
on any aspect of this proposal, DOE is
particularly interested in receiving
comments and views of interested
parties concerning the following issues:
(1) DOE requests comments on the
proposed definition of CPSVs.
(2) DOE requests comments on its
proposal to update the CPSV test
procedure references to incorporate the
reaffirmed industry standard ASTM
F2324–13 (2019), and confirmation that
such an update would not result in any
substantive changes to the current test
procedure.
(3) DOE requests additional data on
water pressure for commercial kitchens
across the U.S.
(4) DOE requests comment on its
initial determination that manufacturers
would not incur any additional testing
costs solely due to the proposed
amendments.
VI. Approval of the Office of the
Secretary
The Secretary of Energy has approved
publication of this proposed rule.
List of Subjects in 10 CFR Part 431
Administrative practice and
procedure, Confidential business
information, Energy conservation test
procedures, Incorporation by reference,
and Reporting and recordkeeping
requirements.
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16:57 May 19, 2021
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Signing Authority
This document of the Department of
Energy was signed on May 3, 2021 by
Kelly Speakes-Backman, Principal
Deputy Assistant Secretary and Acting
Assistant Secretary for Energy Efficiency
and Renewable Energy, pursuant to
delegated authority from the Secretary
of Energy. That document with the
original signature and date is
maintained by DOE. For administrative
purposes only, and in compliance with
requirements of the Office of the Federal
Register, the undersigned DOE Federal
Register Liaison Officer has been
authorized to sign and submit the
document in electronic format for
publication, as an official document of
the Department of Energy. This
administrative process in no way alters
the legal effect of this document upon
publication in the Federal Register.
Signed in Washington, DC, on May 4, 2021.
Treena V. Garrett,
Federal Register Liaison Officer, U.S.
Department of Energy.
For the reasons stated in the
preamble, DOE is proposing to amend
part 431 of Chapter II of Title 10, Code
of Federal Regulations as set forth
below:
PART 431—ENERGY EFFICIENCY
PROGRAM FOR CERTAIN
COMMERCIAL AND INDUSTRIAL
EQUIPMENT
1. The authority citation for part 431
continues to read as follows:
■
Authority: 42 U.S.C. 6291–6317; 28 U.S.C.
2461 note.
2. Section 431.262 is amended by
revising the definition of ‘‘Commercial
prerinse spray valve’’ to read as follows:
■
§ 431.262
Definitions.
*
*
*
*
*
Commercial prerinse spray valve
means a handheld device that has a
release-to-close valve and is suitable for
removing food residue from food service
items before cleaning them in
commercial dishwashing or ware
washing equipment. DOE may
determine that a device is suitable for
removing food residue from food service
items before cleaning them in
commercial dishwashing or ware
washing equipment based on any or all
of the following:
(1) Equipment design and
representations (for example, whether
equipment is represented as being
capable of rinsing dishes as compared to
equipment that is represented
exclusively for washing walls and
floors);
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27307
(2) Channels of marketing and sales
(for example, whether equipment is
marketed or sold through outlets that
market or sell to food service entities);
(3) Actual sales.
*
*
*
*
*
■ 3. Section 431.263 is removed from
under the undesignated center heading
‘‘Test Procedures’’ and revised to read
as follows:
§ 431.263 Materials incorporated by
reference.
(a) Certain material is incorporated by
reference into this subpart with the
approval of the Director of the Federal
Register in accordance with 5 U.S.C.
552(a) and 1 CFR part 51. To enforce
any edition other than that specified in
this section, DOE must publish a
document in the Federal Register and
the material must be available to the
public. All approved material is
available for inspection at the U.S.
Department of Energy, Office of Energy
Efficiency and Renewable Energy,
Building Technologies Program, 6th
Floor, 950 L’Enfant Plaza SW,
Washington, DC 20024, (202) 586–1445,
or email: ApplianceStandards
Questions@ee.doe.gov, and may be
obtained from the other sources in this
section. It is also available for
inspection at the National Archives and
Records Administration (NARA). For
information on the availability of this
material at NARA, email: fedreg.legal@
nara.gov, or go to: www.archives.gov/
federal-register/cfr/ibr-locations.html.
(b) ASTM, International. 100 Barr
Harbor Drive, P.O. Box C700, West
Conshohocken, PA 19428–2959, (610)
832–9585, or go to www.astm.org.
(1) ASTM Standard F2324–13
(R2019), (‘‘ASTM F2324’’),‘‘Standard
Test Method for Prerinse Spray Valves,’’
Reapproved 2019; IBR approved for
§ 431.264.
(2) [Reserved]
■ 4. Section 431.264 is amended by
revising paragraph (b) to read as follows:
§ 431.264 Uniform test method to measure
flow rate and spray force of commercial
prerinse spray valves.
*
*
*
*
*
(b) Testing and calculations for a unit
with a single spray setting. (1) Flow
Rate.
(i) Test each unit in accordance with
the requirements of sections 6.1 through
6.9 (Apparatus) (except 6.4 and 6.7), 9.1
through 9.4 (Preparation of Apparatus),
and 10.1 through 10.2.5 (Procedure) of
ASTM F2324, (incorporated by
reference, see § 431.263). Precatory
language in ASTM F2324 is to be treated
as mandatory for the purpose of testing.
In section 9.1 of ASTM F2324, the
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second instance of ‘‘prerinse spray
valve’’ refers to the spring-style deckmounted prerinse unit defined in
section 6.8. In lieu of using
manufacturer installation instructions or
packaging, always connect the
commercial prerinse spray valve to the
flex tubing for testing. Normalize the
weight of the water to calculate flow
rate using Equation 1, where Wwater is
the weight normalized to a 1 minute
time period, W1 is the weight of the
water in the carboy at the conclusion of
the flow rate test, and t1 is the total
recorded time of the flow rate test.
(Eq. 1)
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16:57 May 19, 2021
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values determined from each run.
Round the final value for spray force to
one decimal place.
*
*
*
*
*
[FR Doc. 2021–09708 Filed 5–19–21; 8:45 am]
BILLING CODE 6450–01–P
FARM CREDIT ADMINISTRATION
12 CFR Part 614
RIN 3052–AC94
Collateral Evaluation Requirements
Farm Credit Administration.
Proposed rule.
AGENCY:
ACTION:
The Farm Credit
Administration (FCA, we, or our)
proposes amendments updating our
regulations on appraisal and evaluation
requirements for property serving as
collateral for loans made by the Farm
Credit System (System). We propose
reorganizing existing rules to remove
redundancies and add clarity on the
distinct valuation standards for each
type of collateral. We also propose
adding regulatory requirements for the
use of automated valuation tools and
releasing appraisal and evaluations to
borrowers.
SUMMARY:
Comments on this proposed rule
must be submitted on or before July 19,
2021.
ADDRESSES: We offer a variety of
methods for you to submit comments.
For accuracy and efficiency reasons,
commenters are encouraged to submit
comments by email or through the
FCA’s website. As facsimiles (fax) are
difficult for us to process and achieve
compliance with section 508 of the
Rehabilitation Act, we do not accept
comments submitted by fax. Regardless
of the method you use, please do not
submit your comment multiple times
via different methods. You may submit
comments by any of the following
methods:
• Email: Send us an email at regcomm@fca.gov.
• FCA website: https://www.fca.gov.
Click inside the ‘‘I want to . . .’’ field
near the top of the page; select
‘‘comment on a pending regulation’’
DATES:
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from the dropdown menu; and click
‘‘Go.’’ This takes you to an electronic
public comment form.
• Mail: Kevin J. Kramp, Director,
Office of Regulatory Policy, Farm Credit
Administration, 1501 Farm Credit Drive,
McLean, VA 22102–5090.
You may review copies of all
comments we receive at our office in
McLean, Virginia, or on our website at
https://www.fca.gov. Once you are in the
website, click inside the ‘‘I want to
. . .’’ field near the top of the page;
select ‘‘find comments on a pending
regulation’’ from the dropdown menu;
and click ‘‘Go.’’ This will take you to the
Comment Letters page where you can
select the regulation for which you
would like to read the public comments.
We will show your comments as
submitted, but for technical reasons we
may omit some items such as logos and
special characters. Identifying
information that you provide, such as
phone numbers and addresses, will be
publicly available. However, we will
attempt to remove email addresses to
help reduce internet spam.
FOR FURTHER INFORMATION CONTACT:
Technical information: Darius J. Hale,
Senior Policy Analyst, or Dennis K.
Carpenter, Senior Policy Analyst, Office
of Regulatory Policy, Farm Credit
Administration, McLean, VA 22102–
5090, (703) 883–4414, TTY (703) 883–
4056.
Legal information: Laura McFarland,
Senior Counsel, Office of General
Counsel, Farm Credit Administration,
McLean, VA 22102–5090, (703) 883–
4020, TTY (703) 883–4056.
SUPPLEMENTARY INFORMATION:
I. Objectives
The objectives of this proposed rule
are to:
• Improve the organization and
readability of FCA appraisal and
evaluation regulations;
• Clarify expectations for internal
controls in appraisal and evaluation
practices;
• Expand authorities on using various
sources of appraisers and evaluators as
well as specifically authorizing use of
automated valuation tools; and
• Update existing terminology and
make other grammatical changes.
E:\FR\FM\20MYP1.SGM
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(ii) Perform calculations in
accordance with section 11.3.1
(Calculation and Report). Record the
water temperature (°F) and dynamic
water pressure (psi) once at the start for
each run of the test. Record the time
(min), the normalized weight of water in
the carboy (lb) and the resulting flow
rate (gpm) once at the end of each run
of the test. Record flow rate
measurements of time (min) and weight
(lb) at the resolutions of the test
instrumentation. Perform three runs on
each unit, as specified in section 10.2.5
of ASTM F2324, but disregard any
references to Annex A1. Then, for each
unit, calculate the mean of the three
flow rate values determined from each
run. Round the final value for flow rate
to two decimal places and record that
value.
(2) Spray force. Test each unit in
accordance with the test requirements
specified in sections 6.2 and 6.4 through
6.9 (Apparatus), 9.1 through 9.5.3.2
(Preparation of Apparatus), and 10.3.1
through 10.3.8 (Procedure) of ASTM
F2324. In section 9.1 of ASTM F2324,
the second instance of ‘‘prerinse spray
valve’’ refers to the spring-style deckmounted prerinse unit defined in
section 6.8. In lieu of using
manufacturer installation instructions or
packaging, always connect the
commercial prerinse spray valve to the
flex tubing for testing. Record the water
temperature (°F) and dynamic water
pressure (psi) once at the start for each
run of the test. In order to calculate the
mean spray force value for the unit
under test, there are two measurements
per run and there are three runs per test.
For each run of the test, record a
minimum of two spray force
measurements and calculate the mean of
the measurements over the 15-second
time period of stabilized flow during
spray force testing. Record the time
(min) once at the end of each run of the
test. Record spray force measurements
at the resolution of the test
instrumentation. Conduct three runs on
each unit, as specified in section 10.3.8
of ASTM F2324, but disregard any
references to Annex A1. Ensure the unit
has been stabilized separately during
each run. Then for each unit, calculate
and record the mean of the spray force
]]>Agencies
[Federal Register Volume 86, Number 96 (Thursday, May 20, 2021)]
[Proposed Rules]
[Pages 27298-27308]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-09708]
-----------------------------------------------------------------------
DEPARTMENT OF ENERGY
10 CFR Part 431
[EERE-2019-BT-TP-0025]
RIN 1904-AE55
Energy Conservation Program: Test Procedure for Commercial
Prerinse Spray Valves
AGENCY: Office of Energy Efficiency and Renewable Energy, Department of
Energy.
ACTION: Notice of proposed rulemaking and request for comment.
-----------------------------------------------------------------------
SUMMARY: The U.S. Department of Energy (``DOE'') proposes to amend the
test procedures for commercial prerinse spray valves to incorporate by
reference the current version of the relevant industry standard, i.e.,
ASTM F2324. ASTM F2324 (2019) is a reaffirmation of the industry
standard currently incorporated by reference in the DOE test procedure
for commercial prerinse spray valves and as such, this proposal would
not substantively change the current test procedure. DOE also proposes
to amend the commercial prerinse spray valves definition to codify
existing guidance on the application of the definition. DOE is seeking
comment from interested parties on the proposal.
DATES: DOE will accept comments, data, and information regarding this
proposal no later than July 19, 2021. See section V, ``Public
Participation,'' for details.
Meeting: DOE will hold a webinar on this proposed rule on
Wednesday, June 9, 2021, from 10:00 a.m. to 3:00 p.m. See section V,
``Public Participation,'' for webinar registration information,
participant instructions, and information about the capabilities
available to webinar participants
[[Page 27299]]
Comments: DOE will accept comments, data, and information regarding
this notice of proposed rulemaking on or before July 19, 2021. See
section V, ``Public Participation,'' for details.
ADDRESSES: Interested persons are encouraged to submit comments using
the Federal eRulemaking Portal at www.regulations.gov. Follow the
instructions for submitting comments. Alternatively, interested persons
may submit, identified by docket number EERE-2019-BT-TP-0025, following
methods:
1. Federal eRulemaking Portal: www.regulations.gov. Follow the
instructions for submitting comments.
2. Email: to [email protected]. Include docket number EERE-
2019-BT-TP-0025 in the subject line of the message.
No telefacsimilies (``faxes'') will be accepted. For detailed
instructions on submitting comments and additional information on the
rulemaking process, see section V of this document.
Although DOE has routinely accepted public comment submissions
through a variety of mechanisms, including the Federal eRulemaking
Portal, email, postal mail, or hand delivery/courier, the Department
has found it necessary to make temporary modifications to the comment
submission process in light of the ongoing Covid-19 pandemic. DOE is
currently accepting only electronic submissions at this time. If a
commenter finds that this change poses an undue hardship, please
contact Appliance Standards Program staff at (202) 586-1445 to discuss
the need for alternative arrangements. Once the Covid-19 pandemic
health emergency is resolved, DOE anticipates resuming all of its
regular options for public comment submission, including postal mail
and hand delivery/courier.
Docket: The docket, which includes Federal Register notices, public
meeting attendee lists and transcripts (if a public meeting is held),
comments, and other supporting documents/materials, is available for
review at www.regulations.gov. All documents in the docket are listed
in the www.regulations.gov index. However, some documents listed in the
index, such as those containing information that is exempt from public
disclosure, may not be publicly available.
The docket web page can be found at https://www.regulations.gov/docket/EERE-2019-BT-TP-0025. The docket web page contains instructions
on how to access all documents, including public comments, in the
docket. See section V for information on how to submit comments through
https://www.regulations.gov.
FOR FURTHER INFORMATION CONTACT:
Mr. Bryan Berringer, U.S. Department of Energy, Office of Energy
Efficiency and Renewable Energy, Building Technologies Office, EE-2J,
1000 Independence Avenue SW, Washington, DC, 20585-0121. Telephone:
(202) 586-0371. Email [email protected]">ApplianceStandards[email protected].
Ms. Kathryn McIntosh, U.S. Department of Energy, Office of the General
Counsel, GC-33, 1000 Independence Avenue SW, Washington, DC, 20585-
0121. Telephone: (202) 586-2002. Email: [email protected].
For further information on how to submit a comment, review other
public comments and the docket, or participate in a public meeting (if
one is held), contact the Appliance and Equipment Standards Program
staff at (202) 287-1445 or by email:
[email protected]">ApplianceStandards[email protected].
SUPPLEMENTARY INFORMATION: DOE proposes to incorporate by reference the
following industry standard into 10 CFR part 431: ASTM Standard F2324-
13 (R2019), ``Standard Test Method for Prerinse Spray Valves;''
Reapproved 2019 (``ASTM F2324-13 (R2019)'').
Copies of ASTM F2324-13 (R2019) can be obtained from ASTM
International, 100 Barr Harbor Drive, P.O. Box C700, West Conshohocken,
PA 19428-2959, or by going to www.astm.org.
For a further discussion of these standards, see section IV.M.
Table of Contents
I. Authority and Background
A. Authority
B. Background
II. Synopsis of the Notice of Proposed Rulemaking
III. Discussion
A. Scope and Definition
B. Updates to Industry Standards
C. Water Pressure
D. Test Procedure Costs, Harmonization, and Other Topics
1. Test Procedure Costs and Impact
2. Harmonization With Industry Standards
E. Compliance Date
IV. Procedural Issues and Regulatory Review
A. Review Under Executive Order 12866
B. Review Under the Regulatory Flexibility Act
C. Review Under the Paperwork Reduction Act of 1995
D. Review Under the National Environmental Policy Act of 1969
E. Review Under Executive Order 13132
F. Review Under Executive Order 12988
G. Review Under the Unfunded Mandates Reform Act of 1995
H. Review Under the Treasury and General Government
Appropriations Act, 1999
I. Review Under Executive Order 12630
J. Review Under Treasury and General Government Appropriations
Act, 2001
K. Review Under Executive Order 13211
L. Review Under Section 32 of the Federal Energy Administration
Act of 1974
M. Description of Materials Incorporated by Reference
V. Public Participation
A. Participation in the Webinar
B. Procedure for Submitting Prepared General Statements for
Distribution
C. Conduct of the Webinar
D. Submission of Comments
E. Issues on Which DOE Seeks Comment
VI. Approval of the Office of the Secretary
I. Authority and Background
Commercial prerinse spray valves (``CPSV'' or ``CPSVs'') are
included among the covered products for which DOE is authorized to
establish and amend energy conservation standards and test procedures.
(42 U.S.C. 6291(33); 42 U.S.C. 6293(b)(14); 42 U.S.C. 6295(dd)) DOE's
energy conservation standards and test procedures for commercial
prerinse spray valves are currently prescribed at 10 CFR part 431
subpart O.\1\ The following sections discuss DOE's authority to
establish test procedures for CPSVs and the relevant background
information regarding DOE's consideration of test procedures for this
product.
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\1\ Because Congress included commercial prerinse spray valves
in Part valves in Part B of Title III of EPCA, the consumer product
provisions of Part B (not the industrial equipment provisions of
Part C) apply to commercial prerinse spray value. However, because
commercial prerinse spray valves are commonly considered to be
commercial equipment, as a matter of administrative convenience and
to minimize confusion among interested parties, DOE placed the
requirements for commercial prerinse spray valves into subpart O of
10 CFR part 431. Part 431 contains DOE regulations for commercial
and industrial equipment. DOE refers to commercial prerinse spray
valves as either ``products'' or ``equipment.''
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A. Authority
The Energy Policy and Conservation Act, as amended (``EPCA''),\2\
authorizes DOE to regulate the energy efficiency of several consumer
products and certain industrial equipment. (42 U.S.C. 6291-6317) Title
III, Part B \3\ of EPCA established the Energy Conservation Program for
Consumer Products Other Than Automobiles, which sets forth a variety of
provisions designed to improve energy efficiency, which includes CPSVs.
EPCA provides definitions for commercial prerinse
[[Page 27300]]
spray valves under 42 U.S.C. 6291(33), the test procedure under 42
U.S.C. 6293(b)(14), and energy conservation standards for flow rate
under 42 U.S.C. 6295(dd).
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\2\ All references to EPCA in this document refer to the statute
as amended through the Energy Act of 2020, Public Law 116-260 (Dec.
27, 2020).
\3\ For editorial reasons, upon codification in the U.S. Code,
Part B was redesignated Part A.
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The energy conservation program under EPCA consists essentially of
four parts: (1) Testing, (2) labeling, (3) Federal energy conservation
standards, and (4) certification and enforcement procedures. Relevant
provisions of EPCA specifically include definitions (42 U.S.C. 6291),
test procedures (42 U.S.C. 6293), labeling provisions (42 U.S.C. 6294),
energy conservation standards (42 U.S.C. 6295), and the authority to
require information and reports from manufacturers (42 U.S.C. 6296).
The Federal testing requirements consist of test procedures that
manufacturers of covered products must use as the basis for: (1)
Certifying to DOE that their products comply with the applicable energy
conservation standards adopted pursuant to EPCA (42 U.S.C. 6295(s)),
and (2) Making representations about the efficiency of those consumer
products (42 U.S.C. 6293(c)). Similarly, DOE must use these test
procedures to determine whether the products comply with relevant
standards promulgated under EPCA. (42 U.S.C. 6295(s))
Federal energy efficiency requirements for covered products
established under EPCA generally supersede State laws and regulations
concerning energy conservation testing, labeling, and standards. (42
U.S.C. 6297) DOE may, however, grant waivers of Federal preemption for
particular State laws or regulations, in accordance with the procedures
and other provisions of EPCA. (42 U.S.C. 6297(d))
Under 42 U.S.C. 6293, EPCA sets forth the criteria and procedures
DOE must follow when prescribing or amending test procedures for
covered products. EPCA requires that any test procedures prescribed or
amended under this section be reasonably designed to produce test
results which measure energy efficiency, energy use or estimated annual
operating cost of a covered product during a representative average use
cycle or period of use and not be unduly burdensome to conduct. (42
U.S.C. 6293(b)(3))
With respect to CPSVs, EPCA requires DOE to use ASTM Standard F2324
(``ASTM F2324'') as the basis for the test procedure for measuring flow
rate. (42 U.S.C. 6293(b)(14))
Further, EPCA requires that, at least once every 7 years, DOE
evaluate test procedures for each type of covered product, including
CPSVs, to determine whether amended test procedures would more
accurately or fully comply with the requirements for the test
procedures to not be unduly burdensome to conduct and be reasonably
designed to produce test results that reflect energy efficiency, energy
use, and estimated operating costs during a representative average use
cycle or period of use. (42 U.S.C. 6293(b)(1)(A))
If the Secretary determines, on his own behalf or in response to a
petition by any interested person, that a test procedure should be
prescribed or amended, the Secretary shall promptly publish in the
Federal Register proposed test procedures and afford interested persons
an opportunity to present oral and written data, views, and arguments
with respect to such procedures. (42 U.S.C. 6293(b)(2)) The comment
period on a proposed rule to amend a test procedure shall be at least
60 days and may not exceed 270 days.\4\ Id. In prescribing or amending
a test procedure, the Secretary shall take into account such
information as the Secretary determines relevant to such procedure,
including technological developments relating to energy use or energy
efficiency of the type (or class) of covered products involved. Id. If
DOE determines that test procedure revisions are not appropriate, DOE
must publish its determination not to amend the test procedures. DOE is
publishing this notice of proposed rulemaking (``NOPR'') in
satisfaction of the 7-year review requirement specified in EPCA. (42
U.S.C. 6293(b)(1)(A))
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\4\ DOE has historically provided a 75-day comment period for
test procedure NOPRs, consistent with the comment period requirement
for technical regulations in the North American Free Trade
Agreement, U.S.-Canada-Mexico (``NAFTA''), Dec. 17, 1992, 32 I.L.M.
289 (1993); the North American Free Trade Agreement Implementation
Act, Pub. L. 103-182, 107 Stat. 2057 (1993) (codified as amended at
10 U.S.C.A. 2576) (1993) (``NAFTA Implementation Act''); and
Executive Order 12889, ``Implementation of the North American Free
Trade Agreement,'' 58 FR 69681 (Dec. 30, 1993). However, Congress
repealed the NAFTA Implementation Act and has replaced NAFTA with
the Agreement between the United States of America, the United
Mexican States, and the United Canadian States (``USMCA''), Nov. 30,
2018, 134 Stat. 11, thereby rendering E.O. 12889 inoperable.
Consequently, since the USMCA is consistent with EPCA's public
comment period requirements and normally requires only a minimum
comment period of 60 days for technical regulations, DOE now
provides a 60-day public comment period for test procedure NOPRs.
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B. Background
DOE's existing test procedures for CPSVs appear at 10 CFR part 431,
subpart O. DOE most recently amended the test procedure for CPSVs in a
final rule published December 30, 2015, in which DOE incorporated by
reference the 2013 version of ASTM F2324 (``ASTM F2324-13''). 80 FR
81441 (``December 2015 Final Rule''). Also during the December 2015
Final Rule, DOE revised the definition of ``commercial prerinse spray
valve,'' made minor adjustments to the DOE flow rate test method, and
included a definition of ``spray force'' as well as added a test method
for measuring the spray force of CPSVs. In 2019, ASTM reaffirmed the
2013 standard (``ASTM F2324-13 (2019)''). The 2019 version contains no
changes from the 2013 version.
On June 5, 2020, DOE published a request for information soliciting
public comment and data on all aspects of the existing DOE test
procedure for CPSVs, including (1) the scope and definition of the test
procedure, (2) incorporation of the reaffirmed industry standard, and
(3) the representativeness of the test water pressure. 85 FR 34541
(``June 2020 RFI''). DOE also received a comment requesting an
extension of the original comment period and on July 21, 2020, DOE
reopened the comment period for an additional 30 days to close on
August 20, 2020. 85 FR 44026.
DOE received comments in response to the June 2020 RFI from the
interested parties listed in Table I.1.
Table I.1--Written Comments Received in Response to June 2020 RFI
------------------------------------------------------------------------
Reference in this
Organization(s) NOPR Organization type
------------------------------------------------------------------------
Plumbing Manufacturers Inc....... PMI............... Trade
Association.
Pacific Gas and Electric Company CA IOUs........... Utilities.
(``PG&E''), San Diego Gas and
Electric (``SDG&E''), and
Southern California Edison
(``SCE'').
Northwest Energy Efficiency NEEA.............. Efficiency
Alliance. Organization.
------------------------------------------------------------------------
[[Page 27301]]
A parenthetical reference at the end of a comment quotation or
paraphrase provides the location of the item in the public record.\5\
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\5\ The parenthetical reference provides a reference for
information located in the docket of DOE's rulemaking to develop
test procedures for CPSVs. (Docket No. EERE-2019-BT-TP-0025, which
is maintained at www.regulations.gov/#!docketDetail;D= EERE-2019-BT-
TP-0025). The references are arranged as follows: (Commenter name,
comment docket ID number, page of that document).
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II. Synopsis of the Notice of Proposed Rulemaking
In this NOPR, DOE proposes to update 10 CFR 431.264, ``Uniform test
method for the measurement of flow rate for commercial prerinse spray
valves,'' as follows:
Amend the CPSV definition to codify existing guidance on
the application of the definition; and
Incorporate by reference the reaffirmed industry
standard--ASTM F2324-13 (2019), ``Standard Test Method for Prerinse
Spray Valves.''
Table II.1 summarizes DOE's proposed action compared to the current
test procedure, as well as the reason for the proposed change.
Table II.1--Summary of Changes in Proposed Test Procedure Relative to
Current Test Procedure
------------------------------------------------------------------------
Proposed test
Current DOE test procedure procedure Attribution
------------------------------------------------------------------------
A ``commercial prerinse spray Amends the commercial Clarification of
valve'' is defined as ``a prerinse spray valves scope.
handheld device that has a definition to codify
release-to-close valve and is existing guidance on
suitable for removing food the factors DOE
residue from food service considers to
items before cleaning them in determine whether the
commercial dishwashing or spray valve meets the
ware washing equipment''. suitability
requirement in the
definition. The
proposed amendment
does not change the
scope of the
definition.
References the ASTM F2324-13.. References reaffirmed Industry TP
industry standard- Reaffirmed in
ASTM F2324-13 (2019). 2019.
------------------------------------------------------------------------
DOE has tentatively determined that the proposed amendments
described in section III of this document would not alter the measured
flow rate or spray force of CPSVs, and that the proposed test
procedures would not be unduly burdensome to conduct. Discussion of
DOE's proposed actions are addressed in detail in section III of this
document.
III. Discussion
A. Scope and Definition
``Commercial prerinse spray valve'' is defined as ``a handheld
device that has a release-to-close valve and is suitable for removing
food residue from food service items before cleaning them in commercial
dishwashing or ware washing equipment.'' 10 CFR 431.262. In the June
2020 RFI, DOE requested comment as to how manufacturers are currently
applying the existing definition and if any modifications to the
definition are needed to more appropriately include or exclude
products. 85 FR 34541, 34543.
In response to the June 2020 RFI, PMI commented that manufacturers
are applying the current definition to CPSVs distributed and sold as
part of a unit (e.g., included with a wall mount, hose, overhead
spring, etc.) and separately, typically as a replacement to a unit.
(PMI No. 5 at p. 3) NEEA recommended that DOE review the definition to
ensure that manufacturers and market actors are clear on which products
must comply. NEEA stated that many valves on the market appear to meet
the definition of CPSV but have flow rates above the energy
conservation standard. (NEEA, No. 6 at p. 1) Specifically, NEEA
referenced comments it submitted in response to an energy conservation
standards RFI, regarding CPSVs \6\ in which NEEA identified products
that it stated appear to meet the definition of CPSV, but have
represented flowrates above the current CPSV standard and/or are not
included in DOE's Compliance Certification Management System. 85 FR
35383 (June 10, 2020) (NEEA, No. 6 at p. 1, referencing Docket No.
EERE-2019-BT-STD-0034-0007 at p. 2) NEEA recommended that DOE conduct
an investigation to ensure all products on the market comply with the
standard. (NEEA, No. 6 at p. 1)
---------------------------------------------------------------------------
\6\ On June 10, 2020, DOE initiated an early assessment review
to determine whether any new or amended standards would satisfy the
relevant requirements of EPCA for a new or amended energy
conservation standard for commercial prerinse spray valves. 85 FR
35383 (``June 2020 ECS RFI'').
---------------------------------------------------------------------------
When surveying the market, DOE notes that a basic model of CPSVs
may include more than one individual CPSV model. For the purpose of
CPSVs, a basic model is defined as ``all spray settings of a given
class manufactured by one manufacturer, which have essentially
identical physical and functional (or hydraulic) characteristics that
affect water consumption or water efficiency.'' 10 CFR 431.262. For
each basic model that is subject to an applicable energy conservation
standard, manufacturers must submit a certification report to DOE in
accordance with the general requirements set out in 10 CFR 429.12 and
the requirements specific to CPSVs at 10 CFR 429.51(b).
DOE recognizes that representations may be made by third-party
retailers and distributers in addition to those by manufacturers. DOE
reiterates that EPCA prohibits manufacturers, distributors, retailers,
and private labelers of CPSVs from making any representation in writing
(including a representation on a label) or in any broad advertisement,
with respect to the energy use or efficiency or water use of a covered
product to which a test procedure is applicable, unless such product
has been tested in accordance with such test procedure and such
representation fairly discloses the results of such testing. (42 U.S.C.
6293(c))
NEEA further stated that if necessary, DOE should also consider
revisiting the definition for CPSV to ensure that manufacturers and
market actors are clear on which products must comply to avoid non-
compliance in the future. (NEEA, No. 6 at p. 1)
As explained in the June 2020 RFI and the December 2015 Final Rule,
in determining whether a product is suitable for removing food residue
from food service items before cleaning them in commercial dishwashing
or ware washing equipment, DOE considers various factors including
channels of marketing and sales, product design and descriptions, and
actual sales to determine the spray valve's actual use in conjunction
with commercial dishwashing and ware washing equipment. 85 FR 34541,
34543; 80 FR 81441, 81444. For example, a product
[[Page 27302]]
marketed or sold through outlets that market or sell to food service
entities such as restaurants or commercial or institutional kitchens is
more likely to be considered suitable for removing food residue from
food service items before cleaning them in commercial dishwashing or
ware washing equipment as compared to a product sold exclusively
through outlets catering to pet care. Id. Similarly, a product marketed
outside of the United States as suitable for removing food residue from
food service items before cleaning them in commercial dishwashing or
ware washing equipment would be considered similarly suitable if
distributed in the United States. Id. DOE also considers how a product
is marketed and sold to end users, including how the product is
identified and described in product catalogs, brochures, specification
sheets, and communications with prospective purchasers. Id.
Additionally, DOE considers actual sales, including whether the end-
users are restaurants or commercial or institutional kitchens, even if
those sales are indirect through an entity such as a distributor. Id.
In order to provide further certainty as to the definition of
``commercial prerinse spray valve'' DOE is proposing to amend the
definition to include previously provided guidance on determining
whether equipment is suitable for removing food residue from food
service items before cleaning them in commercial dishwashing or ware
washing equipment.
Specifically, DOE proposes to define a ``commercial prerinse spray
valve'' as ``a handheld device that has a release-to-close valve and is
suitable for removing food residue from food service items before
cleaning them in commercial dishwashing or ware washing equipment. DOE
may determine that a device is suitable for removing food residue from
food service items before cleaning them in commercial dishwashing or
ware washing equipment based on any or all of the following: (1)
Equipment design and representations (for example, whether equipment is
represented as being capable of rinsing dishes as compared to equipment
that is represented exclusively for washing walls and floors); (2)
Channels of marketing and sales (for example, whether equipment is
marketed or sold through outlets that market or sell to food service
entities); (3) Actual sales.''
The proposed amendment to the definition of ``commercial prerinse
spray valve'' is not intended to change the scope of the definition.
DOE is not proposing to cover equipment as a CPSV that is not already
covered under the current definition. The proposal would codify in the
CFR existing guidance on the application of the current definition. By
codifying the guidance, manufacturers would have further certainty as
to the application of the definition.
DOE requests comments on the proposed definition of CPSVs.
B. Updates to Industry Standards
Currently, DOE's test procedure for CPSVs at 10 CFR 431.263
incorporates by reference ASTM F2324-13. The specific sections of ASTM
F2324-13 that are applicable to the test method in 10 CFR 431.264 are
the test methods for measuring flow rate at sections 6.1 through 6.9
(except 6.4 and 6.7), 9.1 through 9.4, and 10.1 through 10.2.5 of ASTM
F2324-13. 10 CFR 431.264(b)(1). The DOE test procedure incorporates the
corresponding calculations in section 11.3.1 of ASTM F2343-13. For the
spray force test method, the DOE test procedure incorporates by
reference sections 6.2, 6.4 through 6.9, 9.1 through 9.5.3.2, and
10.3.1 through 10.3.8 of ASTM F2324-13. 10 CFR 431.264(b)(2).
Since publication of the December 2015 Final Rule, ASTM F2324-13
has been reaffirmed as the industry test procedure ASTM F2324-13
(2019). The 2019 version contains no changes from the 2013 version. In
the June 2020 RFI, DOE requested comment on updating the referenced
industry standard to ASTM F2324-13 (2019) and confirmation that this
change would not result in any changes to the DOE test procedure. 85 FR
34541, 34543. In response, PMI commented that it supports incorporating
the reaffirmed industry standard. (PMI, No. 5 at p. 4) DOE did not
receive any comments in opposition to this inquiry. In this NOPR, DOE
proposes to update the CPSV test procedure to reference the reaffirmed
industry standard, ASTM F2324-13 (2019).
DOE requests comments on its proposal to update the CPSV test
procedure references to incorporate the reaffirmed industry standard
ASTM F2324-13 (2019), and confirmation that such an update would not
result in any substantive changes to the current test procedure.
C. Water Pressure
EPCA requires that any test procedures prescribed or amended by DOE
be reasonably designed to produce test results which measure energy
(and water) efficiency, energy (and water) use or estimated annual
operating cost of a covered product during a representative average use
cycle or period of use and not be unduly burdensome to conduct. (42
U.S.C. 6293(b)(3)) ASTM F2324-13 specifies testing with a water
pressure of 60 2 pounds per square inch (``psi'').\7\ In
the December 2015 Final Rule, DOE concluded that 60 psi is
representative of the water pressures observed across the nation, based
on review of water pressure data for commercial kitchens across the
U.S. 80 FR 81441, 81446-81447.
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\7\ The latest version of the industry standard, ASTM F2324-13
(2019), that DOE is proposing to incorporate by reference in this
document also specifies testing with a water pressure at 60 2 psi.
---------------------------------------------------------------------------
In the June 2020 RFI, DOE requested comment or any data on whether
the test pressure of 60 2 psi continues to be
representative of the average U.S. water pressures in commercial
kitchen settings. 85 FR 34541, 34544.
CA IOUs and NEEA both commented that low water pressure is the
leading cause of reduced user satisfaction and can lead to consumers
seeking other products or retrofit alterations. (CA IOUs, No. 3 at p.
2; NEEA, No. 6 at p. 2) Citing that the range of pressures can vary, CA
IOUs and NEEA recommended reducing the test pressure to 40 psi to
ensure that CPSVs meet performance expectation for consumers with
below-average water pressure. (CA IOUs, No. 3 at p. 1-3; NEEA, No. 6 at
p. 2) CA IOUs stated that because flow rate increases with water
pressure, if CPSVs can meet performance expectations at the lowest
water pressure likely to be available in a building, then it is highly
likely that the CPSV will also meet performance requirements at the
higher water pressure. (CA IOUs, No. 3 at p. 2-3) CA IOUs and NEEA
stated that lower water test pressure would ensure consumer utility,
reduce user dissatisfaction, ensure higher retention rates of compliant
CPSVs (and low-flow CPSVs), and prevent customers from seeking out
higher flowrate valves instead. (CA IOUs, No. 3 at p. 1-3; NEEA, No. 6
at p. 2)
PMI commented that it believes the current test pressure of 60
2 psi is representative and it is not aware of any data or
market feedback that would warrant revising the current test pressure.
(PMI, No. 5 at p. 4)
As an accompaniment to the December 2015 Final Rule, DOE provided a
separate report titled ``Analysis of Water Pressure for Testing
Commercial Prerinse Spray Valves Final Report,'' \8\ in which DOE
collected data from studies that reported operating
[[Page 27303]]
pressures and flow rates for typical CPSV applications to determine the
representative water pressure for testing commercial prerinse spray
valves. The report concluded that although the flow rate of CPSVs can
vary by almost 40 percent when the water pressure changes from the
analyzed range of 40 psi to 80 psi, the weighted average flow rate for
CPSVs installed with varying supply pressures results in a 5-percent
decrease in flow rate as compared to the flow rate of a CPSV installed
with a water pressure of 60 psi. (Docket No. EERE-2014-BT-TP-0055-0008
at p. 4-5) Accordingly, DOE determined that 60 psi is sufficiently
representative of the water pressures CPSVs will experience in the
field. Id.
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\8\ The water pressure sensitivity analysis is available at
www.regulations.gov under docket number EERE-2014-BT-TP-0055.
---------------------------------------------------------------------------
While CA IOUs and NEEA recommended updating the test pressure to 40
psi, neither provided any data to suggest 40 psi would be more
representative of an average use than 60 psi. Rather, DOE understands
that CA IOUs and NEEA recommended a change in test pressure to resolve
concerns regarding consumer satisfaction and consumer utility primarily
for low-flow CPSVs, especially at the lower end of the water pressure
range. However, as noted previously, water pressure can vary based on
the site of installation of CPSV. Testing a CPSV using a water pressure
that represents the average of a range of typical water pressures
provides a more representative result than testing at a single water
pressure at one end of the range (i.e., a lowest water pressure).
DOE did not receive any other comment or data suggesting a
different test pressure than 60 psi that is more representative of an
average use cycle. As discussed previously, the requirement in 10 CFR
431.264 to test at 60 2 psi is based on ASTM F2324-13,
which is an industry consensus standard. The ASTM industry-consensus
process includes input from a wide variety of national stakeholders.
For all the reasons DOE discussed in this section, DOE proposes to
maintain the current test pressure of 60 2 psi.
DOE requests additional data on water pressure for commercial
kitchens across the U.S.
D. Test Procedures Costs, Harmonization and Other Topics
1. Test Procedure Cost and Impact
In this NOPR, DOE proposes to amend the existing test procedure for
CPSVs by revising the definition of CPSV to clarify the scope and
updating the existing references to the reaffirmed industry standard.
DOE does not anticipate that the amendments proposed would impact test
costs because DOE has tentatively determined that the proposed
amendments would not be unduly burdensome for manufacturers to conduct
and would not result in any additional cost.
DOE proposes to amend the CPSV definition by codifying in the CFR
existing guidance on the application of the current definition. By
codifying the guidance, manufacturers would have further certainty as
to the application of the definition. This proposal would not change
the scope of the definition.
Currently, DOE's test procedure for CPSVs at 10 CFR 431.263
incorporates by reference ASTM F2324-13. In this NOPR, DOE proposes to
amend the existing test procedure for CPSVs by incorporating by
reference the reaffirmed version of the industry standard, ASTM F2324-
13 (2019). Incorporations of the reaffirmed industry standard would
harmonize DOE's test procedures with the current industry practice.
DOE has tentatively determined that manufacturers would be able to
rely on data generated under the current test procedure when certifying
CPSVs to DOE should any of these additional proposed amendments be
finalized.
DOE requests comment on its initial determination that
manufacturers would not incur any additional testing costs solely due
to the proposed amendments.
2. Harmonization With Industry Standards
DOE's established practice is to adopt relevant industry standards
as DOE test procedures unless such methodology would be unduly
burdensome to conduct or would not produce test results that reflect
the energy efficiency, energy use, water use (as specified in EPCA) or
estimated operating costs of that product during a representative
average use cycle or period of use. 42 U.S.C. 6293(b)(3)-(4); 10 CFR
431.4 and sec. 8(c) of appendix A to subpart C of part 430. In cases
where the industry standard does not meet EPCA statutory criteria for
test procedures, DOE will make modifications through the rulemaking
process to these standards in order to adopt them as the DOE test
procedure.\9\
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\9\ On April 12, 2021, DOE published a NOPR which proposed
revisions to 10 CFR part 430 subpart C appendix A. 86 FR 18901.
---------------------------------------------------------------------------
The test procedures for CPSVs at 10 CFR 431.264 incorporates by
reference ASTM F2324-13. DOE noted in the December 2015 Final Rule that
there were some inconsistencies and sources of ambiguity in the
industry standard and therefore adopted several clarifications of minor
issues regarding the terminology used into DOE's test procedure at 10
CFR 431.264 to improve the repeatability and consistency of the test
procedure. 80 FR 81441, 81447. DOE has not proposed any updates to the
clarifying language that was adopted in the December 2015 Final Rule.
The industry standard DOE proposes to incorporate by reference via
amendments described in this document is discussed in further detail in
section III.B. DOE requests comments on the benefits and burdens of the
proposed update and existing additions to the industry standard
referenced in the test procedure for CPSVs.
DOE notes that the reaffirmed industry standard does not make any
changes to the previous industry standard. DOE is not aware of any
other industry test procedures relevant to CPSVs.
E. Compliance Date
EPCA prescribes that, if DOE amends a test procedure, all
representations of energy efficiency and energy use, including those
made on marketing materials and product labels, must be made in
accordance with that amended test procedure, beginning 180 days after
publication of such a test procedure final rule in the Federal
Register. (42 U.S.C. 6293(c)(2))
If DOE were to publish an amended test procedure, EPCA provides an
allowance for individual manufacturers to petition DOE for an extension
of the 180-day period if the manufacturer may experience undue hardship
in meeting the deadline. (42 U.S.C. 6293(c)(3)) To receive such an
extension, petitions must be filed with DOE no later than 60 days
before the end of the 180-day period and must detail how the
manufacturer will experience undue hardship. Id.
IV. Procedural Issues and Regulatory Review
A. Review Under Executive Order 12866
The Office of Management and Budget (``OMB'') has determined that
this test procedure rulemaking does not constitute a significant
regulatory action under section 3(f) of Executive Order (``E.O.'')
12866, Regulatory Planning and Review, 58 FR 51735 (Oct. 4, 1993).
Accordingly, this action was not subject to review under the Executive
Order by the Office of Information and Regulatory Affairs (``OIRA'') in
OMB.
B. Review Under the Regulatory Flexibility Act
The Regulatory Flexibility Act (5 U.S.C. 601 et seq.) requires
preparation
[[Page 27304]]
of an initial regulatory flexibility analysis (``IRFA'') for any rule
that by law must be proposed for public comment, unless the agency
certifies that the rule, if promulgated, will not have a significant
economic impact on a substantial number of small entities. As required
by Executive Order 13272, ``Proper Consideration of Small Entities in
Agency Rulemaking,'' 67 FR 53461 (August 16, 2002), DOE published
procedures and policies on February 19, 2003, to ensure that the
potential impacts of its rules on small entities are properly
considered during the DOE rulemaking process. 68 FR 7990. DOE has made
its procedures and policies available on the Office of the General
Counsel's website: https://energy.gov/gc/office-general-counsel.
DOE initially concludes that the impacts of the test procedure
amendments proposed in this NOPR would not have a ``significant
economic impact on a substantial number of small entities,'' and that
the preparation of an IRFA is not warranted. DOE will transmit the
certification and supporting statement of factual basis to the Chief
Counsel for Advocacy of the Small Business Administration for review
under 5 U.S.C. 605(b).
C. Review Under the Paperwork Reduction Act of 1995
Manufacturers of CPSVs must certify to DOE that their products
comply with any applicable energy conservation standards. To certify
compliance, manufacturers must first obtain test data for their
products according to the DOE test procedures, including any amendments
adopted for those test procedures. DOE has established regulations for
the certification and recordkeeping requirements for all covered
consumer products and commercial equipment, including CPSVs. (See
generally 10 CFR part 429) The collection-of-information requirement
for the certification and recordkeeping is subject to review and
approval by OMB under the Paperwork Reduction Act (``PRA''). This
requirement has been approved by OMB under OMB control number 1910-
1400. Public reporting burden for the certification is estimated to
average 35 hours per response, including the time for reviewing
instructions, searching existing data sources, gathering and
maintaining the data needed, and completing and reviewing the
collection of information.
Notwithstanding any other provision of the law, no person is
required to respond to, nor shall any person be subject to a penalty
for failure to comply with, a collection of information subject to the
requirements of the PRA, unless that collection of information displays
a currently valid OMB Control Number.
The amendment proposed in this NOPR, if made final, would not
impact the reporting burden for manufacturers of CPSVs.
D. Review Under the National Environmental Policy Act of 1969
In this proposed rule, DOE proposes test procedure amendments that
it expects will be used to develop and implement future energy
conservation standards for CPSVs. DOE has determined that this rule
falls into a class of actions that are categorically excluded from
review under the National Environmental Policy Act of 1969 (42 U.S.C.
4321 et seq.) and DOE's implementing regulations at 10 CFR part 1021.
Specifically, DOE has determined that adopting test procedures for
measuring energy efficiency of consumer products and industrial
equipment is consistent with activities identified in 10 CFR part 1021,
appendix A to subpart D, secs. A5 and A6. Accordingly, neither an
environmental assessment nor an environmental impact statement is
required.
E. Review Under Executive Order 13132
Executive Order 13132, ``Federalism,'' 64 FR 43255 (Aug. 4, 1999)
imposes certain requirements on agencies formulating and implementing
policies or regulations that preempt State law or that have Federalism
implications. The Executive Order requires agencies to examine the
constitutional and statutory authority supporting any action that would
limit the policymaking discretion of the States and to carefully assess
the necessity for such actions. The Executive Order also requires
agencies to have an accountable process to ensure meaningful and timely
input by State and local officials in the development of regulatory
policies that have Federalism implications. On March 14, 2000, DOE
published a statement of policy describing the intergovernmental
consultation process it will follow in the development of such
regulations. 65 FR 13735. DOE has examined this proposed rule and has
determined that it would not have a substantial direct effect on the
States, on the relationship between the national government and the
States, or on the distribution of power and responsibilities among the
various levels of government. EPCA governs and prescribes Federal
preemption of State regulations as to energy conservation for the
products that are the subject of this proposed rule. States can
petition DOE for exemption from such preemption to the extent, and
based on criteria, set forth in EPCA. (42 U.S.C. 6297(d)) No further
action is required by Executive Order 13132.
F. Review Under Executive Order 12988
Regarding the review of existing regulations and the promulgation
of new regulations, section 3(a) of Executive Order 12988, ``Civil
Justice Reform,'' 61 FR 4729 (Feb. 7, 1996), imposes on Federal
agencies the general duty to adhere to the following requirements: (1)
Eliminate drafting errors and ambiguity, (2) write regulations to
minimize litigation, (3) provide a clear legal standard for affected
conduct rather than a general standard, and (4) promote simplification
and burden reduction. Section 3(b) of Executive Order 12988
specifically requires that Executive agencies make every reasonable
effort to ensure that the regulation (1) clearly specifies the
preemptive effect, if any, (2) clearly specifies any effect on existing
Federal law or regulation, (3) provides a clear legal standard for
affected conduct while promoting simplification and burden reduction,
(4) specifies the retroactive effect, if any, (5) adequately defines
key terms, and (6) addresses other important issues affecting clarity
and general draftsmanship under any guidelines issued by the Attorney
General. Section 3(c) of Executive Order 12988 requires Executive
agencies to review regulations in light of applicable standards in
sections 3(a) and 3(b) to determine whether they are met or it is
unreasonable to meet one or more of them. DOE has completed the
required review and determined that, to the extent permitted by law,
the proposed rule meets the relevant standards of Executive Order
12988.
G. Review Under the Unfunded Mandates Reform Act of 1995
Title II of the Unfunded Mandates Reform Act of 1995 (``UMRA'')
requires each Federal agency to assess the effects of Federal
regulatory actions on State, local, and Tribal governments and the
private sector. Public Law 104-4, sec. 201 (codified at 2 U.S.C. 1531).
For a proposed regulatory action likely to result in a rule that may
cause the expenditure by State, local, and Tribal governments, in the
aggregate, or by the private sector of $100 million or more in any one
year (adjusted annually for inflation), section 202 of UMRA requires a
Federal agency to publish a written statement that estimates the
resulting costs, benefits, and other effects on the national economy.
(2 U.S.C. 1532(a), (b)) The UMRA also requires a Federal
[[Page 27305]]
agency to develop an effective process to permit timely input by
elected officers of State, local, and Tribal governments on a proposed
``significant intergovernmental mandate,'' and requires an agency plan
for giving notice and opportunity for timely input to potentially
affected small governments before establishing any requirements that
might significantly or uniquely affect small governments. On March 18,
1997, DOE published a statement of policy on its process for
intergovernmental consultation under UMRA. 62 FR 12820; also available
at https://energy.gov/gc/office-general-counsel. DOE examined this
proposed rule according to UMRA and its statement of policy and
determined that the rule contains neither an intergovernmental mandate,
nor a mandate that may result in the expenditure of $100 million or
more in any year, so these requirements do not apply.
H. Review Under the Treasury and General Government Appropriations Act,
1999
Section 654 of the Treasury and General Government Appropriations
Act, 1999 (Pub. L. 105-277) requires Federal agencies to issue a Family
Policymaking Assessment for any rule that may affect family well-being.
This proposed rule would not have any impact on the autonomy or
integrity of the family as an institution. Accordingly, DOE has
concluded that it is not necessary to prepare a Family Policymaking
Assessment.
I. Review Under Executive Order 12630
DOE has determined, under Executive Order 12630, ``Governmental
Actions and Interference with Constitutionally Protected Property
Rights'' 53 FR 8859 (March 18, 1988), that this proposed regulation
would not result in any takings that might require compensation under
the Fifth Amendment to the U.S. Constitution.
J. Review Under Treasury and General Government Appropriations Act,
2001
Section 515 of the Treasury and General Government Appropriations
Act, 2001 (44 U.S.C. 3516 note) provides for agencies to review most
disseminations of information to the public under guidelines
established by each agency pursuant to general guidelines issued by
OMB. OMB's guidelines were published at 67 FR 8452 (Feb. 22, 2002), and
DOE's guidelines were published at 67 FR 62446 (Oct. 7, 2002). Pursuant
to OMB Memorandum M-19-15, Improving Implementation of the Information
Quality Act (April 24, 2019), DOE published updated guidelines which
are available at https://www.energy.gov/sites/prod/files/2019/12/f70/DOE%20Final%20Updated%20IQA%20Guidelines%20Dec%202019.pdf. DOE has
reviewed this proposed rule under the OMB and DOE guidelines and has
concluded that it is consistent with applicable policies in those
guidelines.
K. Review Under Executive Order 13211
Executive Order 13211, ``Actions Concerning Regulations That
Significantly Affect Energy Supply, Distribution, or Use,'' 66 FR 28355
(May 22, 2001), requires Federal agencies to prepare and submit to OMB,
a Statement of Energy Effects for any proposed significant energy
action. A ``significant energy action'' is defined as any action by an
agency that promulgated or is expected to lead to promulgation of a
final rule, and that (1)(i) is a significant regulatory action under
Executive Order 12866, or any successor order; and (ii) is likely to
have a significant adverse effect on the supply, distribution, or use
of energy; or (2) is designated by the Administrator of OIRA as a
significant energy action. For any proposed significant energy action,
the agency must give a detailed statement of any adverse effects on
energy supply, distribution, or use should the proposal be implemented,
and of reasonable alternatives to the action and their expected
benefits on energy supply, distribution, and use.
The proposed regulatory action to amend the test procedure for
measuring the energy efficiency of CPSVs is not a significant
regulatory action under Executive Order 12866. Moreover, it would not
have a significant adverse effect on the supply, distribution, or use
of energy, nor has it been designated as a significant energy action by
the Administrator of OIRA. Therefore, it is not a significant energy
action, and, accordingly, DOE has not prepared a Statement of Energy
Effects.
L. Review Under Section 32 of the Federal Energy Administration Act of
1974
Under section 301 of the Department of Energy Organization Act
(Pub. L. 95-91; 42 U.S.C. 7101), DOE must comply with section 32 of the
Federal Energy Administration Act of 1974, as amended by the Federal
Energy Administration Authorization Act of 1977. (15 U.S.C. 788;
``FEAA'') Section 32 essentially provides in relevant part that, where
a proposed rule authorizes or requires use of commercial standards, the
notice of proposed rulemaking must inform the public of the use and
background of such standards. In addition, section 32(c) requires DOE
to consult with the Attorney General and the Chairman of the Federal
Trade Commission (``FTC'') concerning the impact of the commercial or
industry standards on competition.
The proposed modifications to the test procedure for CPSVs would
incorporate testing methods contained in certain sections of the
following commercial standards: ASTM F2324-13. DOE has evaluated this
standard and is unable to conclude whether it fully complies with the
requirements of section 32(b) of the FEAA (i.e., whether it was
developed in a manner that fully provides for public participation,
comment, and review.) DOE will consult with both the Attorney General
and the Chairman of the FTC concerning the impact of these test
procedures on competition, prior to prescribing a final rule.
M. Description of Materials Incorporated by Reference
In this NOPR, DOE proposes to incorporate by reference the test
standard published by ASTM International, titled ``Standard Test Method
for Prerinse Spray Valves,'' ASTM F2324-13 (R2019). ASTM F2324-13
(R2019) is an industry-accepted test procedure that measures water flow
rate and spray force for CPSVs and is applicable to product sold in
North America. The test procedure proposed in this document references
various sections of ASTM F2324-13 (R2019) that address test setup,
instrumentation, test conduct, and calculations. ASTM F2324-13 (R2019)
is available at ASTM's website at www.astm.org/Standard/standards-and-publications.html.
V. Public Participation
A. Participation in the Webinar
The time and date of the webinar are listed in the DATES section at
the beginning of this document. Webinar registration information,
participant instructions, and information about the capabilities
available to webinar participants will be published on DOE's website:
https://www1.eere.energy.gov/buildings/appliance_standards/standards.aspx?productid=69&action=viewcurrent. Participants are
responsible for ensuring their systems are compatible with the webinar
software.
[[Page 27306]]
B. Procedure for Submitting Prepared General Statements for
Distribution
Any person who has an interest in the topics addressed in this
proposed rulemaking, or who is representative of a group or class of
persons that has an interest in these issues, may request an
opportunity to make an oral presentation at the webinar. Such persons
may submit requests to speak by email to: [email protected].
Persons who wish to speak should include with their request a computer
file in WordPerfect, Microsoft Word, PDF, or text (ASCII) file format
that briefly describes the nature of their interest in this rulemaking
and the topics they wish to discuss. Such persons should also provide a
daytime telephone number where they can be reached.
Persons requesting to speak should briefly describe the nature of
their interest in this rulemaking and provide a telephone number for
contact. DOE requests persons selected to make an oral presentation to
submit an advance copy of their statements at least two weeks before
the webinar. At its discretion, DOE may permit persons who cannot
supply an advance copy of their statement to participate, if those
persons have made advance alternative arrangements with the Building
Technologies Office. As necessary, requests to give an oral
presentation should ask for such alternative arrangements.
C. Conduct of the Webinar
DOE will designate a DOE official to preside at the webinar and may
also use a professional facilitator to aid discussion. The meeting will
not be a judicial or evidentiary-type public hearing, but DOE will
conduct it in accordance with section 336 of EPCA (42 U.S.C. 6306). A
court reporter will be present to record the proceedings and prepare a
transcript. DOE reserves the right to schedule the order of
presentations and to establish the procedures governing the conduct of
the webinar. There shall not be discussion of proprietary information,
costs or prices, market share, or other commercial matters regulated by
U.S. anti-trust laws. After the webinar and until the end of the
comment period, interested parties may submit further comments on the
proceedings and any aspect of the rulemaking.
The webinar will be conducted in an informal, conference style. DOE
will present summaries of comments received before the webinar, allow
time for prepared general statements by participants, and encourage all
interested parties to share their views on issues affecting this
rulemaking. Each participant will be allowed to make a general
statement (within time limits determined by DOE), before the discussion
of specific topics. DOE will allow, as time permits, other participants
to comment briefly on any general statements.
At the end of all prepared statements on a topic, DOE will permit
participants to clarify their statements briefly and comment on
statements made by others. Participants should be prepared to answer
questions by DOE and by other participants concerning these issues. DOE
representatives may also ask questions of participants concerning other
matters relevant to this rulemaking. The official conducting the
webinar will accept additional comments or questions from those
attending, as time permits. The presiding official will announce any
further procedural rules or modification of the above procedures that
may be needed for the proper conduct of the webinar.
A transcript of the webinar will be included in the docket, which
can be viewed as described in the Docket section at the beginning of
this document and will be accessible on the DOE website. In addition,
any person may buy a copy of the transcript from the transcribing
reporter.
D. Submissions of Comments
DOE will accept comments, data, and information regarding this
proposed rule no later than the date provided in the DATES section at
the beginning of this proposed rule. Interested parties may submit
comments using any of the methods described in the ADDRESSES section at
the beginning of this document.
Submitting comments via www.regulations.gov. The
www.regulations.gov web page will require you to provide your name and
contact information. Your contact information will be viewable to DOE
Building Technologies staff only. Your contact information will not be
publicly viewable except for your first and last names, organization
name (if any), and submitter representative name (if any). If your
comment is not processed properly because of technical difficulties,
DOE will use this information to contact you. If DOE cannot read your
comment due to technical difficulties and cannot contact you for
clarification, DOE may not be able to consider your comment.
However, your contact information will be publicly viewable if you
include it in the comment or in any documents attached to your comment.
Any information that you do not want to be publicly viewable should not
be included in your comment, nor in any document attached to your
comment. Persons viewing comments will see only first and last names,
organization names, correspondence containing comments, and any
documents submitted with the comments.
Do not submit to www.regulations.gov information for which
disclosure is restricted by statute, such as trade secrets and
commercial or financial information (hereinafter referred to as
Confidential Business Information (``CBI'')). Comments submitted
through www.regulations.gov cannot be claimed as CBI. Comments received
through the website will waive any CBI claims for the information
submitted. For information on submitting CBI, see the Confidential
Business Information section.
DOE processes submissions made through www.regulations.gov before
posting. Normally, comments will be posted within a few days of being
submitted. However, if large volumes of comments are being processed
simultaneously, your comment may not be viewable for up to several
weeks. Please keep the comment tracking number that www.regulations.gov
provides after you have successfully uploaded your comment.
Submitting comments via email. Comments and documents submitted via
email also will be posted to www.regulations.gov. If you do not want
your personal contact information to be publicly viewable, do not
include it in your comment or any accompanying documents. Instead,
provide your contact information on a cover letter. Include your first
and last names, email address, telephone number, and optional mailing
address. The cover letter will not be publicly viewable as long as it
does not include any comments.
Include contact information each time you submit comments, data,
documents, and other information to DOE. No telefacsimiles (faxes) will
be accepted.
Comments, data, and other information submitted to DOE
electronically should be provided in PDF (preferred), Microsoft Word or
Excel, WordPerfect, or text (ASCII) file format. Provide documents that
are not secured, written in English and free of any defects or viruses.
Documents should not contain special characters or any form of
encryption and, if possible, they should carry the electronic signature
of the author.
Campaign form letters. Please submit campaign form letters by the
originating
[[Page 27307]]
organization in batches of between 50 to 500 form letters per PDF or as
one form letter with a list of supporters' names compiled into one or
more PDFs. This reduces comment processing and posting time.
Confidential Business Information. Pursuant to 10 CFR 1004.11, any
person submitting information that he or she believes to be
confidential and exempt by law from public disclosure should submit via
email two well-marked copies: One copy of the document marked
confidential including all the information believed to be confidential,
and one copy of the document marked non-confidential with the
information believed to be confidential deleted. DOE will make its own
determination about the confidential status of the information and
treat it according to its determination.
It is DOE's policy that all comments may be included in the public
docket, without change and as received, including any personal
information provided in the comments (except information deemed to be
exempt from public disclosure).
E. Issues on Which DOE Seeks Comment
Although DOE welcomes comments on any aspect of this proposal, DOE
is particularly interested in receiving comments and views of
interested parties concerning the following issues:
(1) DOE requests comments on the proposed definition of CPSVs.
(2) DOE requests comments on its proposal to update the CPSV test
procedure references to incorporate the reaffirmed industry standard
ASTM F2324-13 (2019), and confirmation that such an update would not
result in any substantive changes to the current test procedure.
(3) DOE requests additional data on water pressure for commercial
kitchens across the U.S.
(4) DOE requests comment on its initial determination that
manufacturers would not incur any additional testing costs solely due
to the proposed amendments.
VI. Approval of the Office of the Secretary
The Secretary of Energy has approved publication of this proposed
rule.
List of Subjects in 10 CFR Part 431
Administrative practice and procedure, Confidential business
information, Energy conservation test procedures, Incorporation by
reference, and Reporting and recordkeeping requirements.
Signing Authority
This document of the Department of Energy was signed on May 3, 2021
by Kelly Speakes-Backman, Principal Deputy Assistant Secretary and
Acting Assistant Secretary for Energy Efficiency and Renewable Energy,
pursuant to delegated authority from the Secretary of Energy. That
document with the original signature and date is maintained by DOE. For
administrative purposes only, and in compliance with requirements of
the Office of the Federal Register, the undersigned DOE Federal
Register Liaison Officer has been authorized to sign and submit the
document in electronic format for publication, as an official document
of the Department of Energy. This administrative process in no way
alters the legal effect of this document upon publication in the
Federal Register.
Signed in Washington, DC, on May 4, 2021.
Treena V. Garrett,
Federal Register Liaison Officer, U.S. Department of Energy.
For the reasons stated in the preamble, DOE is proposing to amend
part 431 of Chapter II of Title 10, Code of Federal Regulations as set
forth below:
PART 431--ENERGY EFFICIENCY PROGRAM FOR CERTAIN COMMERCIAL AND
INDUSTRIAL EQUIPMENT
0
1. The authority citation for part 431 continues to read as follows:
Authority: 42 U.S.C. 6291-6317; 28 U.S.C. 2461 note.
0
2. Section 431.262 is amended by revising the definition of
``Commercial prerinse spray valve'' to read as follows:
Sec. 431.262 Definitions.
* * * * *
Commercial prerinse spray valve means a handheld device that has a
release-to-close valve and is suitable for removing food residue from
food service items before cleaning them in commercial dishwashing or
ware washing equipment. DOE may determine that a device is suitable for
removing food residue from food service items before cleaning them in
commercial dishwashing or ware washing equipment based on any or all of
the following:
(1) Equipment design and representations (for example, whether
equipment is represented as being capable of rinsing dishes as compared
to equipment that is represented exclusively for washing walls and
floors);
(2) Channels of marketing and sales (for example, whether equipment
is marketed or sold through outlets that market or sell to food service
entities);
(3) Actual sales.
* * * * *
0
3. Section 431.263 is removed from under the undesignated center
heading ``Test Procedures'' and revised to read as follows:
Sec. 431.263 Materials incorporated by reference.
(a) Certain material is incorporated by reference into this subpart
with the approval of the Director of the Federal Register in accordance
with 5 U.S.C. 552(a) and 1 CFR part 51. To enforce any edition other
than that specified in this section, DOE must publish a document in the
Federal Register and the material must be available to the public. All
approved material is available for inspection at the U.S. Department of
Energy, Office of Energy Efficiency and Renewable Energy, Building
Technologies Program, 6th Floor, 950 L'Enfant Plaza SW, Washington, DC
20024, (202) 586-1445, or email: [email protected]">ApplianceStandards[email protected], and may be obtained from the other sources in
this section. It is also available for inspection at the National
Archives and Records Administration (NARA). For information on the
availability of this material at NARA, email: [email protected], or
go to: www.archives.gov/federal-register/cfr/ibr-locations.html.
(b) ASTM, International. 100 Barr Harbor Drive, P.O. Box C700, West
Conshohocken, PA 19428-2959, (610) 832-9585, or go to www.astm.org.
(1) ASTM Standard F2324-13 (R2019), (``ASTM F2324''),``Standard
Test Method for Prerinse Spray Valves,'' Reapproved 2019; IBR approved
for Sec. 431.264.
(2) [Reserved]
0
4. Section 431.264 is amended by revising paragraph (b) to read as
follows:
Sec. 431.264 Uniform test method to measure flow rate and spray force
of commercial prerinse spray valves.
* * * * *
(b) Testing and calculations for a unit with a single spray
setting. (1) Flow Rate.
(i) Test each unit in accordance with the requirements of sections
6.1 through 6.9 (Apparatus) (except 6.4 and 6.7), 9.1 through 9.4
(Preparation of Apparatus), and 10.1 through 10.2.5 (Procedure) of ASTM
F2324, (incorporated by reference, see Sec. 431.263). Precatory
language in ASTM F2324 is to be treated as mandatory for the purpose of
testing. In section 9.1 of ASTM F2324, the
[[Page 27308]]
second instance of ``prerinse spray valve'' refers to the spring-style
deck-mounted prerinse unit defined in section 6.8. In lieu of using
manufacturer installation instructions or packaging, always connect the
commercial prerinse spray valve to the flex tubing for testing.
Normalize the weight of the water to calculate flow rate using Equation
1, where Wwater is the weight normalized to a 1 minute time
period, W1 is the weight of the water in the carboy at the
conclusion of the flow rate test, and t1 is the total
recorded time of the flow rate test.
[GRAPHIC] [TIFF OMITTED] TP20MY21.000
(ii) Perform calculations in accordance with section 11.3.1
(Calculation and Report). Record the water temperature ([deg]F) and
dynamic water pressure (psi) once at the start for each run of the
test. Record the time (min), the normalized weight of water in the
carboy (lb) and the resulting flow rate (gpm) once at the end of each
run of the test. Record flow rate measurements of time (min) and weight
(lb) at the resolutions of the test instrumentation. Perform three runs
on each unit, as specified in section 10.2.5 of ASTM F2324, but
disregard any references to Annex A1. Then, for each unit, calculate
the mean of the three flow rate values determined from each run. Round
the final value for flow rate to two decimal places and record that
value.
(2) Spray force. Test each unit in accordance with the test
requirements specified in sections 6.2 and 6.4 through 6.9 (Apparatus),
9.1 through 9.5.3.2 (Preparation of Apparatus), and 10.3.1 through
10.3.8 (Procedure) of ASTM F2324. In section 9.1 of ASTM F2324, the
second instance of ``prerinse spray valve'' refers to the spring-style
deck-mounted prerinse unit defined in section 6.8. In lieu of using
manufacturer installation instructions or packaging, always connect the
commercial prerinse spray valve to the flex tubing for testing. Record
the water temperature ([deg]F) and dynamic water pressure (psi) once at
the start for each run of the test. In order to calculate the mean
spray force value for the unit under test, there are two measurements
per run and there are three runs per test. For each run of the test,
record a minimum of two spray force measurements and calculate the mean
of the measurements over the 15-second time period of stabilized flow
during spray force testing. Record the time (min) once at the end of
each run of the test. Record spray force measurements at the resolution
of the test instrumentation. Conduct three runs on each unit, as
specified in section 10.3.8 of ASTM F2324, but disregard any references
to Annex A1. Ensure the unit has been stabilized separately during each
run. Then for each unit, calculate and record the mean of the spray
force values determined from each run. Round the final value for spray
force to one decimal place.
* * * * *
[FR Doc. 2021-09708 Filed 5-19-21; 8:45 am]
BILLING CODE 6450-01-P
