Proposed Rule2021-18882
Energy Conservation Program: Test Procedures for Consumer Products; Early Assessment Review; Faucets and Showerheads
Primary source
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Published
September 2, 2021
Issuing agencies
Energy Department
Abstract
The U.S. Department of Energy ("DOE") is undertaking an early assessment review to determine whether to proceed with a rulemaking to amend the test procedures for faucets and showerheads. Specifically, through this request for information ("RFI"), DOE seeks comment on the applicable consensus-based test procedures for measuring the water use of faucets and showerheads and whether such industry produces results that measure water use during a representative average use cycle or period of use for faucets and showerheads, and are not unduly burdensome to conduct. DOE welcomes written comments from the public on any subject within the scope of this document (including topics not raised in this RFI) as well as the submission of data and other relevant information concerning this early assessment review.
Full Text
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[Federal Register Volume 86, Number 168 (Thursday, September 2, 2021)]
[Proposed Rules]
[Pages 49261-49266]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-18882]
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Proposed Rules
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains notices to the public of
the proposed issuance of rules and regulations. The purpose of these
notices is to give interested persons an opportunity to participate in
the rule making prior to the adoption of the final rules.
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Federal Register / Vol. 86, No. 168 / Thursday, September 2, 2021 /
Proposed Rules
[[Page 49261]]
DEPARTMENT OF ENERGY
10 CFR Part 430
[EERE-2019-BT-TP-0021]
RIN 1904-AE75
Energy Conservation Program: Test Procedures for Consumer
Products; Early Assessment Review; Faucets and Showerheads
AGENCY: Office of Energy Efficiency and Renewable Energy, Department of
Energy.
ACTION: Request for information.
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SUMMARY: The U.S. Department of Energy (``DOE'') is undertaking an
early assessment review to determine whether to proceed with a
rulemaking to amend the test procedures for faucets and showerheads.
Specifically, through this request for information (``RFI''), DOE seeks
comment on the applicable consensus-based test procedures for measuring
the water use of faucets and showerheads and whether such industry
produces results that measure water use during a representative average
use cycle or period of use for faucets and showerheads, and are not
unduly burdensome to conduct. DOE welcomes written comments from the
public on any subject within the scope of this document (including
topics not raised in this RFI) as well as the submission of data and
other relevant information concerning this early assessment review.
DATES: Written comments and information are requested and will be
accepted on or before October 4, 2021.
ADDRESSES: Interested persons are encouraged to submit comments using
the Federal eRulemaking Portal at <a href="http://www.regulations.gov">www.regulations.gov</a>. Follow the
instructions for submitting comments. Alternatively, interested persons
may submit comments by email to the following address:
<a href="/cdn-cgi/l/email-protection#7e381f0b1d1b0a2d1611091b0c161b1f1a4c4e4f472a2e4e4e4c4f3e1b1b501a111b50191108"><span class="__cf_email__" data-cfemail="e9af889c8a8c9dba81869e8c9b818c888ddbd9d8d0bdb9d9d9dbd8a98c8cc78d868cc78e869f">[email protected]</span></a>. Include ``Energy Conservation
Program: Test Procedures for Consumer Products; Early Assessment
Review; Faucets and Showerheads'' and docket number EERE-2019-BT-TP-
0021 and/or RIN number 1904-AE75 in the subject line of the message.
Submit electronic comments in WordPerfect, Microsoft Word, PDF, or
ASCII file format, and avoid the use of special characters or any form
of encryption.
Although DOE has routinely accepted public comment submissions
through a variety of mechanisms, including postal mail and hand
delivery/courier, the Department has found it necessary to make
temporary modifications to the comment submission process in light of
the ongoing corona virus (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.
No telefacsimilies (faxes) will be accepted. For detailed
instructions on submitting comments and additional information on this
process, see section III of this document.
Docket: The docket for this activity, which includes Federal
Register notices, comments, and other supporting documents/materials,
is available for review at <a href="http://www.regulations.gov">www.regulations.gov</a>. All documents in the
docket are listed in the <a href="http://www.regulations.gov">www.regulations.gov</a> 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 <a href="https://www1.eere.energy.gov/buildings/appliance_standards/standards.aspx?productid=40&action=viewcurrent">https://www1.eere.energy.gov/buildings/appliance_standards/standards.aspx?productid=40&action=viewcurrent</a> and <a href="https://www1.eere.energy.gov/buildings/appliance_standards/standards.aspx?productid=2&action=viewlive">https://www1.eere.energy.gov/buildings/appliance_standards/standards.aspx?productid=2&action=viewlive</a>. The docket web page
contains simple instructions on how to access all documents, including
public comments, in the docket. See section III for information on how
to submit comments through <a href="http://www.regulations.gov">www.regulations.gov</a>.
FOR FURTHER INFORMATION CONTACT: Mr. Bryan Berringer, U.S. Department
of Energy, Office of Energy Efficiency and Renewable Energy, Building
Technologies Office, EE-5B, 1000 Independence Avenue SW, Washington, DC
20585-0121. Telephone: (202) 586-0371. Email:
<a href="/cdn-cgi/l/email-protection#a3e2d3d3cfcac2cdc0c6f0d7c2cdc7c2d1c7d0f2d6c6d0d7cacccdd0e3c6c68dc7ccc68dc4ccd5"><span class="__cf_email__" data-cfemail="adecddddc1c4ccc3cec8fed9ccc3c9ccdfc9defcd8c8ded9c4c2c3deedc8c883c9c2c883cac2db">[email protected]</span></a>.
Ms. Amelia Whiting, U.S. Department of Energy, Office of the
General Counsel, GC-33, 1000 Independence Avenue SW, Washington, DC
20585-0121. Telephone: (202) 586-2588. Email:
<a href="/cdn-cgi/l/email-protection#17567a727b7e7639407f7e637e7970577f663973787239707861"><span class="__cf_email__" data-cfemail="96d7fbf3fafff7b8c1feffe2fff8f1d6fee7b8f2f9f3b8f1f9e0">[email protected]</span></a>.
For further information on how to submit a comment or review other
public comments and the docket, contact the Appliance and Equipment
Standards Program staff at (202) 287-1445 or by email:
<a href="/cdn-cgi/l/email-protection#a0e1d0d0ccc9c1cec3c5f3d4c1cec4c1d2c4d3f1d5c5d3d4c9cfced3e0c5c58ec4cfc58ec7cfd6"><span class="__cf_email__" data-cfemail="c382b3b3afaaa2ada0a690b7a2ada7a2b1a7b092b6a6b0b7aaacadb083a6a6eda7aca6eda4acb5">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
Table of Contents
I. Introduction
A. Authority and Background
B. Rulemaking History
II. Request for Information
A. Scope
1. Faucets
2. Showerheads
B. Updates to Industry Standard
C. Showerhead Test Procedure
III. Submission of Comments
I. Introduction
DOE established an early assessment review process to conduct a
more focused analysis that would allow DOE to determine, based on
statutory criteria, whether an amended test procedure is warranted.
This RFI requests information and data regarding whether amended test
procedures would more accurately and fully comply with the requirement
that the test procedures produce results that measure water use during
a representative average use cycle or period of use for faucets and
showerheads, and not be unduly burdensome to conduct. To inform
interested parties and to facilitate this process, DOE has identified
several issues associated with the currently applicable test procedures
on which DOE is interested in receiving comment.
Based on the information received in response to the RFI and DOE's
own analysis, DOE will determine whether to proceed with a rulemaking
for an
[[Page 49262]]
amended test procedure. If DOE were to make an initial determination
that an amended test procedure would more accurately or fully comply
with statutory requirements, or DOE's analysis were to be inconclusive,
DOE would undertake a rulemaking to issue an amended the test
procedure. If, however, DOE were to make an initial determination based
upon available evidence that an amended test procedure would not meet
the applicable statutory criteria, DOE would engage in notice and
comment rulemaking before issuing a final determination that an amended
test procedure is not warranted.
A. Authority and Background
The Energy Policy and Conservation Act of 1975, as amended
(``EPCA'') \1\, among other things, authorizes DOE to regulate the
energy efficiency or water use of a number of consumer products and
industrial equipment. (42 U.S.C. 6291-6317) Title III, Part B \2\ of
EPCA establishes the Energy Conservation Program for Consumer Products
Other Than Automobiles, which sets forth a variety of provisions
designed to improve energy efficiency or water use. These products
include faucets and showerheads, the subjects of this RFI. (42 U.S.C.
6292(a)(15) and (16))
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\1\ 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).
\2\ 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,\3\ and (4) certification and enforcement procedures.
Relevant provisions of the Act specifically include definitions (42
U.S.C. 6291), energy conservation standards (42 U.S.C. 6295), test
procedures (42 U.S.C. 6293), labeling provisions (42 U.S.C. 6294), and
the authority to require information and reports from manufacturers.
(42 U.S.C. 6296)
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\3\ The term ``energy conservation standard'' includes water use
standards for showerheads, faucets, water closets, and urinals. (42
U.S.C. 6291(6)(A))
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Federal energy efficiency and water use requirements for covered
products established under EPCA generally supersede State laws and
regulations concerning energy conservation testing, labeling, and
standards. (42 U.S.C. 6297) DOE may, however, grant waivers of Federal
preemption for particular State laws or regulations, in accordance with
the procedures and other provisions of EPCA. (42 U.S.C. 6297(d))
The Federal testing requirements consist of test procedures that
manufacturers of covered products must use as the basis for: (1)
Certifying to DOE that their products comply with the applicable energy
conservation standards adopted pursuant to EPCA (42 U.S.C. 6295(s)),
and (2) making representations about the water use of those products
(42 U.S.C. 6293(c)). Similarly, DOE must use these test procedures to
determine whether the products comply with relevant standards
promulgated under EPCA. (42 U.S.C. 6295(s))
Under 42 U.S.C. 6293, EPCA sets forth the criteria and procedures
DOE must follow when prescribing or amending test procedures for
covered products. EPCA requires that any test procedures prescribed or
amended under this section be reasonably designed to produce test
results which measure energy efficiency, energy use, water use or
estimated annual operating cost of a covered product during a
representative average use cycle or period of use and not be unduly
burdensome to conduct. (42 U.S.C. 6293(b)(3)) In addition, if DOE
determines that a test procedure amendment is warranted, it must
publish proposed test procedures and offer the public an opportunity to
present oral and written comments on them. (42 U.S.C. 6293(b)(2))
EPCA directs that the test procedures for faucets and showerheads
are to be the test procedures specified in American Society of
Mechanical Engineers (ASME) Standard A112.18.1M-1989, ``Plumbing
Fixture Fittings.'' (42 U.S.C. 6293(b)(7)(A)) EPCA further directs
that, if the test procedure requirements of ASME A112.18.1M-1989 are
revised at any time and approved by the American National Standards
Institute (ANSI), DOE must amend the Federal test procedures to conform
to the revised ASME standard, unless DOE determines by rule that to do
so would not meet the requirements of EPCA that the test procedures be
reasonably designed to produce test results which measure water use
during a representative average use cycle as determined by DOE, and not
be unduly burdensome to conduct. (42 U.S.C. 6293(b)(7)(B); 42 U.S.C.
6293(b)(3))
EPCA also requires that, at least once every 7 years, DOE evaluate
test procedures for each type of covered product, including faucets and
showerheads, to determine whether amended test procedures would more
accurately or fully comply with the requirements for the test
procedures to be reasonably designed to produce test results that
reflect water use and estimated operating costs during a representative
average use cycle or period of use and not to be unduly burdensome to
conduct. (42 U.S.C. 6293(b)(1)(A)) If the Secretary determines, on his
own behalf or in response to a petition by any interested person, that
a test procedure should be prescribed or amended, the Secretary shall
promptly publish in the Federal Register proposed test procedures and
afford interested persons an opportunity to present oral and written
data, views, and arguments with respect to such procedures. (42 U.S.C.
6293(b)(2)) The comment period on a proposed rule to amend a test
procedure shall be at least 60 days and may not exceed 270 days. Id. In
prescribing or amending a test procedure, the Secretary shall take into
account such information as the Secretary determines relevant to such
procedure, including technological developments relating to energy or
water use or energy efficiency of the type (or class) of covered
products involved. Id. If DOE determines that test procedure revisions
are not appropriate, DOE must publish its determination not to amend
the test procedures.
DOE's test procedures for faucets and showerheads are prescribed at
10 CFR 430.23(s) and (t), respectively, and 10 CFR part 430 subpart B
appendix S (``Appendix S''). In addition, DOE regulations reiterate
statutory standards for faucets and showerheads. 10 CFR 430.32(o) and
(p). DOE is publishing this RFI to collect data and information to
inform its decision in response to revisions to the ASME standard and
pursuant to the 7-year review requirement specified in EPCA. (42 U.S.C.
6293(b)(1)(A) and 42 U.S.C. 6293(b)(7)(B))
B. Rulemaking History
DOE's current test procedures for faucets and showerheads are
codified at 10 CFR 430.23(s) and (t), respectively, and Appendix S. DOE
initially established test procedures for faucets and showerheads in a
final rule published on March 18, 1998, which referenced ASME
A112.18.1M-1989, ``Plumbing Fixture Fittings,'' incorporated by
reference into 10 CFR part 430, then the most recent revision of that
industry standard. 63 FR 13308.
DOE last amended the test procedures for faucets and showerheads on
October 23, 2013 (``October 2013 Final Rule''). 78 FR 62970. In that
final rule, DOE incorporated by reference ASME A112.18.1-2012,
``Plumbing Supply Fixtures'' as part of the test procedures for faucets
and showerheads. 78 FR 62970, 62982. Since then, the 2012 version of
the ASME standard was re-
[[Page 49263]]
affirmed in 2017, and then updated in 2018 to ASME A112.18.1-2018,
``Plumbing Supply Fixtures,'' which is the current version of the
industry standard.
On December 16, 2020, DOE published a final rule amending the
definition for ``showerhead'' and adopted definitions for ``body
spray'' and ``safety showerhead.'' 85 FR 81341 (``December 2020 Final
Rule''). DOE amended the regulatory definition for ``showerhead'' to
incorporate the definition from the most recent standard developed by
ASME, such that the term means ``an accessory to a supply fitting for
spraying onto a bather, typically from an overhead position.'' 85 FR
81341, 81342, 81359. Under the December 2020 Final Rule, DOE
interpreted the term ``showerhead'' such that each showerhead in a
product containing multiple showerheads is considered separately for
purposes of determining compliance with the 2.5 gallon per minute
(``gpm'') standard established in EPCA. 85 FR 81341, 81342. In the
December 2020 Final Rule, DOE adopted a definition for ``body spray'',
such that the term means ``a shower device for spraying water onto a
bather from other than the overhead position. A body spray is not a
showerhead.'' 85 FR 81341, 81359. DOE also established a definition for
``safety shower showerhead'' meaning ``a showerhead designed to meet
the requirements of the International Equipment Safety association
(``ISEA'') standard ISEA Z358.1, American National Standard for
Emergency Eyewash and Shower Equipment.'' Id.
On July 22, 2021, DOE published a notice of proposed rulemaking
(``NOPR'') in which it proposed to withdraw the definition of
``showerhead'' adopted in the December 2020 Final Rule, reinstate the
definition of ``showerhead'' from the October 2013 Final Rule, and
withdraw the interpretation from the December 2020 Final Rule. 86 FR
38594 (``July 2021 NOPR''). As proposed, the term ``showerhead'' would
be redefined as ``a component or set of components distributed in
commerce for attachment to a single supply fitting, for spraying water
onto a bather, typically from an overhead position, excluding safety
shower showerheads.'' 86 FR 38594, 38607. DOE explained that it
considered that water conservation is a more important purpose of EPCA
than consistency with ASME (with which DOE has no statutory obligation
to align its definition). 86 FR 38594, 38597. DOE also proposed to
withdraw the definition of ``body spray,'' explaining that the
definition is inconsistent with the express purpose of EPCA to conserve
water and does not best address the relationship between body sprays
and showerheads. 86 FR 38594, 38603. DOE did not propose any changes to
the definition of ``safety shower showerhead'' in the July 2021 NOPR.
86 FR 38594, 38603-38604.
II. Request for Information
In the following sections, DOE has identified a variety of issues
on which it seeks input to determine whether the current version of the
applicable industry test procedure for faucets and showerheads would
comply with the requirements in EPCA that test procedures be reasonably
designed to produce test results which reflect energy and water use
during a representative average use cycle or period of use, without
being unduly burdensome to conduct (42 U.S.C. 6293(b)(3)).
Additionally, DOE has identified a variety of issues on which it
seeks input to determine whether, and if so how, amended test
procedures for faucets and showerheads would more accurately or fully
comply with the requirements in EPCA that test procedures be reasonably
designed to produce test results which reflect water use during a
representative average use cycle or period of use, without being unduly
burdensome to conduct (42 U.S.C. 6293(b)(3)).
A. Scope
1. Faucets
EPCA and DOE regulations define ``faucet'' as ``a lavatory faucet,
kitchen faucet, metering faucet, or replacement aerator for a lavatory
or kitchen faucet.'' (42 U.S.C. 6291(31)(E); 10 CFR 430.2. This
definition defines the scope of the term by reference to the categories
of faucets contained within in it (e.g., kitchen faucet), but does not
define the word ``faucet'' as that word is used in the ``faucet''
definition. Both ASME A112.18.1-2012 and ASME A112.18.1-2018 define a
``faucet'' as a ``terminal fitting'', which in turn is defined as ``a
device that controls and guides the flow of water.'' DOE requests
comment on the term ``faucet'' as defined in ASME A112.18.1-2018 and
whether further detail is warranted for DOE's regulatory definitions.
With regards to kitchen faucets specifically, DOE's review of the
market suggests that there are a variety of terminal fittings available
on the market that are marketed for installation in a kitchen. Certain
of these products are explicitly marketed as ``kitchen faucets.'' Other
products marketed for installation in the kitchen are characterized in
the market as ``low-pressure water dispensers'' and ``pot fillers,''
and appear to be within the scope of the statutory term ``faucet.'' In
the following discussion, DOE describes its understanding of these
products and seeks comment and information from interested parties
regarding such products. Throughout this discussion, DOE uses the term
``conventional kitchen faucet'' to refer to products explicitly
marketed as kitchen faucets and for which the current DOE test
procedure and water conservation standards apply, and to distinguish
from products that may also be ``kitchen faucets'' but that may not be
within the scope of the current test procedure.
ASME A112.18.1-2018 added a definition for ``low-pressure water
dispenser'' and defines the term as ``a terminal fitting located
downstream of a pressure reducing valve that dispenses drinking hot
water above 71 [deg]C (160 [deg]F) or cold water or both at a pressure
of 105 kPa (15 psi) or less.'' As discussed previously, ASME A112.18.1-
2018 defines faucet as ``a terminal fitting''. The reference to
``terminal fitting'' in the industry definition of ``low-pressure water
dispenser'' indicates that ASME A112.18.1-2018 classifies such products
as a subset of faucets. DOE does not define ``low-pressure water
dispenser'' and does not reference the term in the DOE test procedure
for faucets. Based on DOE's market research, such products on the
market may also be referred to as ``beverage faucets,'' ``drinking
water faucets,'' or ``hot/cold water dispensers''. DOE understands that
the key differences between low-pressure water dispensers and
conventional kitchen faucets are that low-pressure water dispensers
operate at lower water pressures (by definition) and are used for the
purpose of gently filling a relatively small vessel (e.g., a glass).
Particularly because of the lower water pressure, such products would
not be effective at certain tasks that could otherwise be performed by
a conventional kitchen faucet (e.g., washing dishes) and for which the
ultimate purpose is something other than to fill a relatively small
vessel with water.
The DOE water conservation standard for faucets specifies that
water use must be ``measured at a flowing water pressure of 60 pounds
per square inch [(`psi')],'' 10 CFR 430.32(o). The same conditions are
specified in section 5.4.2.3.1 of ASME A112.18.1-2012 (referenced at
section 2.a of Appendix S). However, for testing low-pressure water
dispensers, section 5.4.2.3.1 of ASME A112.18.1-2018 specifies a
maximum flow for low-pressure water dispensers--i.e., 15 <plus-minus> 1
psi. This
[[Page 49264]]
specification was added to ASME A112.18.1-2018 and was not specified in
ASME A112.18.1-2012, which is currently referenced in Appendix S.
Accordingly, the water pressure specified in 10 CFR 430.32(o) for
testing faucets does not accommodate testing low-pressure water
dispensers. Therefore, although low-pressure water dispensers appear to
meet the DOE definition of a faucet, there is currently no applicable
DOE test procedure for testing low-pressure water dispensers.\4\
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\4\ As such, the standards currently prescribed for faucets at
10 CFR 430.32(o) do not apply to low-pressure water dispensers.
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Other terminal fittings used in the kitchen, such as pot fillers,
may also warrant differentiation from currently regulated kitchen
faucets. ASME A112.18.1-2018 does not define pot fillers, nor does the
current DOE test procedure. Based on DOE's market research, the key
differences between products described as ``pot fillers'' and
conventional kitchen faucets are that pot fillers are typically
installed over a range or cooktop (rather than over a sink), plumbed
only to the cold water supply, and are used for the purpose of filling
a large vessel (e.g., a stock pot) with a volume of water in the
location where it will be heated (which avoids the need to move the pot
from the sink to the stove once filled with water). In applications
where a pot filler is not installed over a sink, it could only be used
to fill a vessel with water, given the lack of access to a drain. Pot
fillers typically have higher flow rates than conventional kitchen
faucets, which allow for filling large cooking vessels in a shorter
period of time than could be achieved with a regulated kitchen
faucet.\5\
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\5\ For example, filling a 10 gallon stock pot with a kitchen
faucet would require approximately 5 minutes at a flow rate of 2.2
gpm (the current flow rate standard established for kitchen
faucets). Filling the same stock pot with a pot filler instead would
require approximately 2.5 minutes at a flow rate of 4 gpm (using an
example flow rate for a pot filler).
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For both low-pressure water dispensers and pot fillers (as DOE has
described such products in this discussion), DOE understands that the
primary function of such products is to fill a vessel with water (e.g.,
a glass or a cooking vessel). Given this function, the amount of water
provided by such products during consumer use would be dependent on the
volume of the vessel, independent of the flow rate of the product. As
such, a test procedure that would measure the flow rate of such
products would not provide meaningful information in terms of reducing
the amount of water used. Moreover, establishing water conservation
standards for such products in terms of a maximum flow rate (gpm) would
not be expected to result in any water savings because the volume of
water provided by such products would be dictated by the vessel to be
filled as opposed to the flow rate. Furthermore, establishing water
conservation standards could diminish the usefulness of such products
by increasing the amount of time required to fill a vessel with a
particular volume of water.
DOE did not consider pot fillers and low-pressure water dispensers
when establishing the current test procedure and standards for faucets.
As stated, EPCA directs DOE to base the Federal test procedure on ASME
A112.18.1, which did not include provisions for testing low-pressure
water dispensers until the latest revision (2018) and continues to not
define or include provisions specific to pot fillers. In establishing
the current DOE test procedure, DOE did not consider products that may
be faucets but that were not subject to the statutorily referenced
industry standard. Therefore, the current test procedure in Appendix S
and standards at 10 CFR 430.32(o) for faucets do not apply to low-
pressure water dispensers or pot fillers. To the extent that such
products are not subject to the DOE test procedure, such products are
also excluded from coverage under the energy conservation standards.
Issue 1: DOE requests comment on the term ``faucet'' as defined in
ASME A112.18.1-2018 and whether further detail is warranted for DOE's
regulatory definitions.
Issue 2: DOE requests comment on its understanding of ``low-
pressure water dispensers'' and ``pot fillers'' as a subset of faucets,
specifically kitchen faucets.
Issue 3: DOE requests comment on whether any changes should be made
to DOE's definition of ``faucet'' to differentiate products such as
low-pressure water dispensers and pot fillers from conventional
``kitchen faucets.''
Issue 4: DOE requests comment on whether the Department should
incorporate into the Federal regulations definitions of low-pressure
water dispenser, pot filler, or any other types of products that meet
the definition of a faucet. If other faucet types should be defined,
DOE requests comment on specific physical (or operational, or other)
characteristics that could be used to differentiate such products from
currently regulated faucets.
Issue 5: DOE requests comment on whether DOE should expand the
scope of its test procedures for faucets to include provisions for
testing low-pressure water dispensers, pot fillers, or any other types
of faucets.
Issue 6: DOE requests comment on its understanding of the primary
purpose of low-pressure water dispensers and pot fillers (i.e., to fill
a vessel with water), and on its assertion that establishing test
procedures and water conservation standards for such products would not
result in any water savings.
2. Showerheads
As previously noted, DOE regulations currently define
``showerhead'' as ``any showerhead (including a handheld showerhead)
other than a safety showerhead. DOE interprets the term `showerhead' to
mean an accessory to a supply fitting for spraying water onto a bather,
typically from an overhead position.'' 10 CFR 430.2. Pursuant to the
requirements of EPCA, DOE seeks input on any updates to the showerheads
scope and definitions from the latest ASME industry standard, ASME
A112.18.1-2018.
ASME A112.18.1-2018 added new definitions for ``hand-held shower''
and ``rain shower.'' ASME defines a ``hand-held shower'' as ``a
showerhead that can be held or fixed in place for spraying water onto a
bather and that is connected to a flexible hose.'' ASME A112.18.1-2018
defines a ``rain shower'' as ``a showerhead designed to be mounted
directly over the bather with the spray face parallel to the floor.
Note: The showerhead can be mounted directly from the ceiling or on an
extended shower arm.''
Currently, DOE defines the term ``hand-held showerhead'' as ``a
showerhead that can be held or fixed in place for the purpose of
spraying water onto a bather and that is connected to a flexible
hose.'' 10 CFR 430.2. Considering that the DOE definition is almost
identical to the definition in the ASME industry standard, DOE
tentatively concludes that there is no reason to make any updates to
this definition at this time.
While DOE's regulations do not currently define the term ``rain
shower'', the existing and proposed definition of ``showerhead'' covers
rain showers. ASME A112.18.1-2018, section 5.12.3, includes a new
definition for rain shower in light of the standard's new spray force
requirements specific to rain showers. Considering the DOE test
procedure includes a showerhead test procedure for only maximum water
consumption and not spray force, DOE tentatively concludes that there
is no reason to include the term and definition for rain shower at this
time, and seeks comment on that tentative conclusion.
[[Page 49265]]
Issue 7: DOE requests comment on whether DOE should include the
term ``rain shower'' and a definition of the term in its regulations.
Issue 8: DOE requests comment on whether any changes to current
definitions related to the faucet and showerhead test procedure beyond
those discussed in this RFI (other than with regard to the issues
raised in the July 2021 NOPR) should be considered. DOE requests
comment on the potential impact to the scope of the Federal test
procedure from any changes to the definitions, should DOE incorporate
them. DOE also requests comment on whether any potential changes to the
definitions would impact the repeatability and reproducibility of the
test procedure or the representativeness of its results.
B. Updates to Industry Standard
In addition to the revised definitions described previously, ASME
A112.18.1-2018 includes the following changes in comparison to the 2012
version incorporated into 10 CFR part 430: (1) A new requirement in
section 5.4.2.3.1 specifying a lower water pressure for testing low-
pressure water dispensers compared to the 60 <plus-minus> 1 psi water
pressure used to test faucets; (2) a clarification in section 5.4.2.3.2
that ``hand showers'' are ``hand-held'' showers; and (3) updates to
Table 1, including adding a low-pressure water dispenser maximum flow
rate level and removing a note to refer to clause 4.11.1 for the
showerhead minimum flow rate requirement.\6\ however, ASME A112.18.1-
2018 specifies a lower water pressure--i.e., 105 <plus-minus> 7 kPa (15
<plus-minus> 1 psi).
---------------------------------------------------------------------------
\6\ DOE notes that ASME A112.18.1-2018 also contains several
updates to specifications and test methods for commercial prerinse
spray valves, which are not discussed in this RFI.
---------------------------------------------------------------------------
Issue 9: DOE requests comment on the maximum water use test method
for low-pressure water dispensers, as detailed in section 5.4.2.3.1 of
ASME A112.18.1-2018. DOE requests comment and data, if available, on
the water pressure under which low-pressure water dispensers typically
operate in the field, and the extent to which the specified water
pressure of 105 <plus-minus> 7 kPa (15 <plus-minus> 1 psi) is
representative of actual use.
Issue 10: DOE also welcomes detailed information on the nature and
extent of any testing cost or burden that would be associated with
conducting the test for low-pressure water dispensers as specified in
ASME A112.18.1-2018, as compared to the current DOE test procedure.
As discussed previously, ASME A112.18.1-2018 also provides a
clarification in section 5.4.2.3.2 that ``hand showers'' are ``hand-
held'' showers. DOE tentatively concludes that the update in ASME
A112.18.1-2018 changing the term ``hand shower'' to ``hand-held
shower'' is an insignificant clarification. Finally, the updates to
Table 1 regarding the maximum flow rate for low-pressure water
dispensers and minimum flow rate for showerheads relate to the water
conservation standards and are therefore beyond the scope of the test
procedures. (DOE adopted the statutory maximum water use standards for
faucets and showerheads in 10 CFR 430.32(o) and (p).)
DOE also notes that ASME A112.18.1-2018 does not contain any
updates to the water consumption test method for showerheads.
C. Showerhead Test Procedure
In the December 2020 Final Rule, DOE maintained the test procedure
for showerheads. DOE stated that the existing test procedure remains
applicable to shower heads as defined by that final rule and that if
issues arise where the existing test procedure does not produce a
representative measurement of water use of a particular showerhead
product, the manufacturer can seek a waiver from DOE pursuant to DOE
regulations at 10 CFR 430.27. 85 FR 81341, 81351. DOE also noted that
EPCA requires DOE to consider on a periodic basis whether test
procedures for a covered product should be amended (under 42 U.S.C
6293). Id.
As noted, DOE has proposed to withdraw the definition of
``showerhead'' adopted in the December 2020 Final Rule, reinstate the
definition of ``showerhead'' from the October 2013 Final Rule, and
withdraw the interpretation from the December 2020 Final Rule. DOE also
proposes to withdraw the definition of ``body spray.'' 86 FR 38594,
38603.
Issue 11: DOE requests comment on whether the existing test
procedure for showerheads needs to be amended based on DOE's amended
definition for showerhead (i.e., the definition adopted in the December
2020 Final Rule). If so, DOE requests comment on the proposed
amendments in the August 2020 NOPR, or on other test methods that would
produce a representative measurement of water use. DOE also requests
comment on whether the existing test procedure for showerheads would
need to be amended were DOE to finalize the definition of showerhead
proposed in the July 2021 NOPR (i.e., the definition from the October
2013 Final Rule). If so, DOE requests comments and information on what
amendments would be needed and why.
III. Submission of Comments
DOE invites all interested parties to submit in writing by October
4, 2021, comments and information on matters addressed in this notice
and on other matters relevant to DOE's consideration of amended test
procedures for faucets and showerheads. These comments and information
will aid in the development of a test procedure NOPR for faucets and
showerheads if DOE determines that amended test procedures may be
appropriate for these products.
Submitting comments via <a href="http://www.regulations.gov">www.regulations.gov</a>. The
<a href="http://www.regulations.gov">www.regulations.gov</a> 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. Following this instruction, 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 <a href="http://www.regulations.gov">www.regulations.gov</a> 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
<a href="http://www.regulations.gov">www.regulations.gov</a> 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 <a href="http://www.regulations.gov">www.regulations.gov</a> before
posting. Normally, comments will be posted within a few days of being
submitted. However, if large volumes of comments are being processed
[[Page 49266]]
simultaneously, your comment may not be viewable for up to several
weeks. Please keep the comment tracking number that <a href="http://www.regulations.gov">www.regulations.gov</a>
provides after you have successfully uploaded your comment.
Submitting comments via email. Comments and documents submitted via
email also will be posted to <a href="http://www.regulations.gov">www.regulations.gov</a>. 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, or other information to DOE. Faxes will not be accepted.
Comments, data, and other information submitted to DOE
electronically should be provided in PDF (preferred), Microsoft Word or
Excel, WordPerfect, or text (ASCII) file format. Provide documents that
are not secured, written in English and free of any defects or viruses.
Documents should not contain special characters or any form of
encryption and, if possible, they should carry the electronic signature
of the author.
Campaign form letters. Please submit campaign form letters by the
originating organization in batches of between 50 to 500 form letters
per PDF or as one form letter with a list of supporters' names compiled
into one or more PDFs. This reduces comment processing and posting
time.
Confidential Business Information. According to 10 CFR 1004.11, any
person submitting information that he or she believes to be
confidential and exempt by law from public disclosure should submit via
email 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).
DOE considers public participation to be a very important part of
the process for developing test procedures and energy conservation
standards. DOE actively encourages the participation and interaction of
the public during the comment period in each stage of this process.
Interactions with and between members of the public provide a balanced
discussion of the issues and assist DOE in the process. Anyone who
wishes to be added to the DOE mailing list to receive future notices
and information about this process should contact Appliance and
Equipment Standards Program staff at (202) 287-1445 or via email at
<a href="/cdn-cgi/l/email-protection#f6b786869a9f97989593a58297989297849285a7839385829f999885b69393d8929993d8919980"><span class="__cf_email__" data-cfemail="8ecffefee2e7efe0edebddfaefe0eaeffceafddffbebfdfae7e1e0fdceebeba0eae1eba0e9e1f8">[email protected]</span></a>.
Signing Authority
This document of the Department of Energy was signed on August 27,
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 August 27, 2021.
Treena V. Garrett,
Federal Register Liaison Officer, U.S. Department of Energy.
[FR Doc. 2021-18882 Filed 9-1-21; 8:45 am]
BILLING CODE 6450-01-P
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