62970 Federal Register / Vol. 78, No. 205 / Wednesday, October 23, 2013 / Rules and Regulations 

1 During the course of this rulemaking, ASME 

updated standard A112.18.1 from the 2011 version 

to the 2012 version. DOE has reviewed the sections 

incorporated by reference here and has determined 

that there are no changes that have an impact on 

this rulemaking, meaning that for DOE’s purposes 

the 2011 and 2012 versions of the standard are 

effectively identical. Unless otherwise noted, 

references to ASME A112.18.1 are to the 2012 

version. 

2Unless otherwise noted, references to ASME 

A112.19.2 are to the 2008 version. 

§ 946.336 Handling regulation. 

No person shall handle any lot of 

potatoes unless such potatoes meet the 

requirements of paragraphs (a), (b), (c), 

and (g) of this section or unless such 

potatoes are handled in accordance with 

paragraphs (d) and (e), or (f) of this 

section, except that shipments of the 

blue or purple flesh varieties of potatoes 

shall be exempt from both this handling 

regulation and the assessment 

requirements specified in § 946.41: 

Provided, That russet type potatoes shall 

be exempt from the requirements of 

paragraphs (a), (b), (c), (e), and (g) of this 

section: Provided further, That, from 

October 24, 2013, through June 30, 

2014, yellow fleshed and white types of 

potatoes shall be exempt from the 

requirements of paragraphs (a), (b), (c), 

(e), and (g) of this section. 

* * * * * 

Dated: October 17, 2013. 

Rex A. Barnes, 

Associate Administrator, Agricultural 

Marketing Service. 

[FR Doc. 2013–24814 Filed 10–22–13; 8:45 am] 

BILLING CODE 3410–02–P 

DEPARTMENT OF ENERGY 

10 CFR Parts 429, 430, and 431 

[Docket No. EERE–2011–BT–TP–0061] 

RIN 1904–AC65 

Energy Conservation Program for 

Consumer Products and Certain 

Commercial and Industrial Equipment: 

Test Procedures for Showerheads, 

Faucets, Water Closets, Urinals, and 

Commercial Prerinse Spray Valves 

AGENCY: Office of Energy Efficiency and 

Renewable Energy, Department of 

Energy. 

ACTION: Final rule. 

SUMMARY: On May 30, 2012, the U.S. 

Department of Energy (DOE) issued a 

notice of proposed rulemaking (NOPR) 

to amend the test procedures for 

showerheads, faucets, water closets, 

urinals, and prerinse spray valves. 

Following consideration of comments 

received in response to the NOPR, DOE 

issued a supplemental notice of 

proposed rulemaking (SNOPR) on April 

8, 2013. The SNOPR included revisions 

to the definitions of showerhead and 

hand-held showerhead; removal of body 

sprays from the proposed showerhead 

definition; requirements pertaining to 

testing of showerheads that are 

components of shower towers; a 

standardized test method to be used 

when verifying the mechanical retention 

of a showerhead flow control insert 

when subject to 8 pounds force (lbf); 

clarification of permissible trim 

adjustments for tank-type water closets; 

amendments to the required static test 

pressures to be used when testing 

flushometer valve siphonic and blowout 

water closets; and clarifications of the 

definition of basic model with respect to 

flushometer valve water closets and 

urinals, as well as associated changes to 

certification reporting requirements for 

both of these products. These proposed 

rulemakings serve as the basis for this 

action. 

DATES: The effective date of this rule is 

November 22, 2013. 

The incorporation of reference of 

certain publications listed in this rule 

was approved by the Director of the 

Federal Register on November 22, 2013. 

ADDRESSES: The docket, which includes 

Federal Register notices, public meeting 

attendee lists and transcripts, 

comments, and other supporting 

documents/materials, is available for 

review at regulations.gov. All 

documents in the docket are listed in 

the 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. 

A link to the docket Web page can be 

found at: www1.eere.energy.gov/

buildings/appliance_standards/

residential/plumbing_products.html. 

This Web page will contain a link to the 

docket for this notice on the 

regulations.gov site. The regulations.gov 

Web page will contain simple 

instructions on how to access all 

documents, including public comments, 

in the docket. 

For further information on how to 

review the docket, contact Ms. Brenda 

Edwards at (202) 586–2945 or by email: 

Brenda.Edwards@ee.doe.gov. 

FOR FURTHER INFORMATION CONTACT: 

Mr. Lucas Adin, U.S. Department of 

Energy, Office of Energy Efficiency 

and Renewable Energy, Building 

Technologies Program, EE–2J, 1000 

Independence Avenue SW., 

Washington, DC, 20585–0121. 

Telephone: (202) 287–1317. Email: 

Lucas.Adin@ee.doe.gov. 

Ms. Jennifer Tiedeman, U.S. Department 

of Energy, Office of the General 

Counsel, GC–71, 1000 Independence 

Avenue SW., Washington, DC, 20585– 

0121. Telephone: (202) 287–6111. 

Email: Jennifer.Tiedeman@

hq.doe.gov. 

SUPPLEMENTARY INFORMATION: This final 

rule incorporates by reference the 

American Society of Mechanical 

Engineers (ASME) standard A112.18.1– 

2012 1 test procedure for faucets and 

showerheads, ASME A112.19.2–2008 

test procedure for water closets and 

urinals,2 and American Society for 

Testing and Materials (ASTM) F2324–09 

test procedure for prerinse spray valves. 

In addition, the final rule adds rounding 

instructions for certification reporting 

requirements for measures of water use 

for these products. 

This final rule incorporates by 

reference into part 430 the following 

industry standards: 

1. ASME A112.18.1–2012, (‘‘ASME 

A112.18.1–2012’’), Plumbing supply 

fittings,’’ section 5.4, approved 

December 2012. 

2. ASME A112.19.2–2008, (‘‘ASME 

A112.19.2–2008’’), ‘‘Ceramic plumbing 

fixtures,’’ sections 7.1, 7.1.1, 7.1.2, 7.1.3, 

7.1.4, 7.1.5, 7.4, 8.2, 8.2.1, 8.2.2, 8.2.3, 

8.6, Table 5, and Table 6, approved 

August 2008, including Update No. 1, 

dated August 2009, and Update No. 2, 

dated March 2011. 

Copies of ASME standards are 

available from the American Society of 

Mechanical Engineers, Two Park 

Avenue, New York, NY 10016–5990, 

800–843–2763 (U.S./Canada), 001–800– 

843–2763 (Mexico), 973–882–1170 

(outside North America), or 

www.asme.org. 

This final rule also incorporates by 

reference into part 431 the following 

industry standard: 

ASTM Standard F2324–03 

(Reapproved 2009), (‘‘ASTM F2324–03 

(2009)’’), ‘‘Standard Test Method for 

Prerinse Spray Valves,’’ approved May 

1, 2009. 

Copies of ASTM standards are 

available from the American Society of 

Testing and Materials International, 100 

Barr Harbor Drive, P.O. Box C700, West 

Conshohoken, PA 19428–2959, 1–877– 

909–2786 (U.S. & Canada) and (610) 

832–9585 (International), or 

www.astm.org. 

Table of Contents 

I. Authority and Background 

II. Summary of the Final Rule 

III. Discussion 

A. Showerheads and Faucets 

1. Definitions 

2. Test Procedure for Showerhead Flow 

Control Insert 


tkelley on DSK3SPTVN1PROD with RULES
Federal Register / Vol. 78, No. 205 / Wednesday, October 23, 2013 / Rules and Regulations 62971 

1Because of the placement of prerinse spray 

valves in Part B of Title III of EPCA, the provisions 

of Part B apply to the rulemaking for commercial 

prerinse spray valves. The location of the 

provisions within the CFR does not affect either 

their substance or applicable procedure; DOE is 

placing them in the commercial portion of the CFR 

part as a matter of administrative convenience 

based on their nature or type. 

2The term ‘‘ANSI’’ is no longer included in the 

title of the current versions of either standard. 

However, ASME, the organization that publishes 

these standards, is accredited by ANSI as a 

Standards Development Organization and the 

standards were approved by ANSI prior to 

publication. 

3. Showerhead Leakage 

4. Showerhead Test Pressure 

5. Use of Time-Volume Test Method 

6. Testing of Shower Tower Assemblies 

B. Water Closets and Urinals 

1. Dual-Flush Water Closets 

2. Static Test Pressure for Flushometer 

Valve Siphonic and Blowout Water 

Closets 

3. Water Closet and Urinal SensorActivated Flush Testing 

4. Test Procedure Amendments for Gravity 

Flush Tank Water Closet Trim 

Adjustments 

5. Annual Water Consumption Metric 

6. Trough Urinal Reporting Requirements 

C. Commercial Prerinse Spray Valves 

D. Incorporation by Reference of Standards 

1. ASME Standards 

2. Automatic Incorporation of Standards 

3. ASTM Standard 

E. Definition of Basic Model 

F. Statistical Sampling Plans 

G. Information To Be Provided in 

Certification Reports 

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. Congressional Notification 

V. Approval of the Office of the Secretary 

I. Authority and Background 

Title III of the Energy Policy and 

Conservation Act of 1975 (42 U.S.C. 

6291, et seq.; ‘‘EPCA’’ or ‘‘the Act’’) sets 

forth a variety of provisions designed to 

improve energy efficiency. (All 

references to EPCA refer to the statute 

as amended through the American 

Energy Manufacturing Technical 

Corrections Act (AEMTCA), Public Law 

112–210 (Dec. 18, 2012).) Part B of Title 

III, which for editorial reasons was 

redesignated as Part A upon 

incorporation into the U.S. Code (42 

U.S.C. 6291–6309, as codified), 

establishes the ‘‘Energy Conservation 

Program for Consumer Products Other 

Than Automobiles,’’ which includes 

showerheads, faucets, water closets, 

urinals and prerinse spray valves, the 

subjects of this notice. (42 U.S.C. 

6292(a)(15)–(18) and 42 U.S.C. 

6295(dd)) Because prerinse spray valves 

are generally viewed as commercial 

equipment, in a final rule published 

October 18, 2005, DOE placed the 

regulatory provisions for prerinse spray 

valves in Title 10 of the Code of Federal 

Regulations (CFR), part 431, ‘‘Energy 

Efficiency Program for Certain 

Commercial and Industrial 

Equipment.’’ 1 70 FR 60407, 60409. 

Under EPCA, the energy conservation 

program consists essentially of four 

parts: (1) Testing, (2) labeling, (3) 

Federal energy conservation standards, 

and (4) certification and enforcement 

procedures. The 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 and water 

conservation standards adopted under 

EPCA, and (2) making representations 

about the efficiency of those products. 

Similarly, DOE must use these test 

procedures to determine whether the 

products comply with any relevant 

standards promulgated under EPCA. 

EPCA states that the procedures for 

testing and measuring the water use of 

faucets and showerheads shall be 

ASME/ANSI standard A112.18.1M– 

1989, ‘‘Plumbing Fixture Fittings,’’ for 

faucets and showerheads, and ASME/

ANSI standard A112.19.6–1990, 

‘‘Hydraulic Requirements for Water 

Closets and Urinals,’’ for water closets 

and urinals; EPCA further specifies that 

if ASME/ANSI revises these 

requirements, the Secretary shall adopt 

such revisions if they conform to the 

basic statutory requirements for test 

procedures. (42 U.S.C. 6293(b)(7)–(8)) 

EPCA states that the test procedure for 

measuring the flow rate for commercial 

prerinse spray valves ‘‘shall be based on 

[the] American Society for Testing and 

Materials (ASTM) standard F2324, 

entitled ‘Standard Test Method for PreRinse Spray Valves.’ ’’ (U.S.C. 

6293(b)(14)) In a final rule published on 

December 8, 2006, DOE incorporated by 

reference the 2003 version of ASTM 

standard F2324 at 10 CFR 431.263, and 

established it as the uniform test 

method for the measurement of flow 

rate of commercial prerinse spray valves 

at 10 CFR 431.264. 71 FR 71340. 

DOE last amended test procedures for 

showerheads, faucets, water closets, and 

urinals in a final rule published in 

March 1998 (Mar. 1998 final rule), 

which incorporated by reference ASME/ 

ANSI standard A112.18.1M–1996, 

‘‘Plumbing Fixture Fittings,’’ for 

showerheads and faucets, and ASME/

ANSI standard A112.19.6–1995, 

‘‘Hydraulic Performance Requirements 

for Water Closets and Urinals,’’ for 

water closets and urinals. 63 FR 13308 

(March 18, 1998). Since publication of 

the March 1998 final rule, ASME has 

revised both procedures and issued the 

most recent versions as A112.18.1–2012, 

‘‘Plumbing Supply Fittings,’’ for 

showerheads and faucets in December 

2012, and A112.19.2–2008, ‘‘Ceramic 

Plumbing Fixtures,’’ for water closets 

and urinals in August 2008.2

DOE published the proposed 

amendments to the test procedures for 

showerheads, faucets, water closets, 

urinals, and prerinse spray valves in a 

test procedure NOPR in the Federal 

Register on May 30, 2012 (May 2012 

NOPR). The NOPR proposed generally 

to incorporate the revised versions of 

the ASME standards discussed in the 

previous paragraph, as well as an 

updated version of the test standard for 

commercial prerinse spray valves and 

certain revisions and additions to the 

definitions of covered plumbing 

products in 10 CFR 430.2. On July 24, 

2012, DOE held a public meeting to 

discuss amendments proposed in the 

May 2012 NOPR and provided an 

opportunity for interested parties to 

comment. DOE also received written 

comments from interested parties 

regarding the proposed amendments to 

the test procedures. 

Upon review of the comments 

received in response to the May 2012 

NOPR, several issues emerged that 

required additional clarification or 

information before publishing a final 

rule. In response to those comments, a 

supplemental notice of proposed 

rulemaking (SNOPR) was published in 

the Federal Register on April 8, 2013 

(April 2013 SNOPR). The issues 

addressed in the April 2013 SNOPR 

included revisions to the definitions of 

showerhead and hand-held showerhead; 

clarification of the requirements 

pertaining to testing of shower towers; 

a standardized test method to be used 

when verifying the mechanical retention 

of a showerhead flow control insert 

when subjected to 8 pounds force (lbf); 

clarification of permissible trim 

adjustments for tank-type water closets; 

and amendments to the required static 

test pressures to be used when testing 


tkelley on DSK3SPTVN1PROD with RULES
62972 Federal Register / Vol. 78, No. 205 / Wednesday, October 23, 2013 / Rules and Regulations 

3 10 CFR 430.2 previously defined as showerhead 

as ‘‘any showerhead (including a hand-held 

showerhead), except a safety shower showerhead.’’ 

4A notation in the form ‘‘Kohler, No. 9 at p. 4’’ 

identifies a written comment that DOE has received 

and included in the docket of this rulemaking. This 

particular notation refers to a comment: (1) 

Submitted by Kohler; (2) in document number 9 of 

the docket; and (3) on page 4 of that document. 

5A notation in the form ‘‘NRDC, Public Meeting 

Transcript, No. 11 at pp. 54–55’’ identifies a 

comment that DOE has received and included in 

the docket of this rulemaking. This particular 

notation refers to a comment: (1) Submitted by 

NRDC during the public meeting; (2) in the 

transcript of that public meeting, document number 

11 in the docket of this rulemaking; and (3) 

appearing on pages 54 and 55 of the transcript. 

flushometer valve siphonic and blowout 

water closets. DOE also proposed 

further clarification of the definition of 

basic model with respect to flushometer 

valve water closets and urinals, as well 

as associated changes to certification 

reporting requirements for these 

products. DOE received written 

comments from interested parties 

regarding the amended proposals. 

On July 30, 2013, DOE held an 

additional public meeting to receive 

additional comments on DOE’s 

proposed test to verify mechanical 

retention of a showerhead flow control 

insert when subjected to 8 lbf. DOE also 

accepted written comments for 10 days 

following the public meeting, with the 

comment period closing on August 9, 

2013. 78 FR 42719 (July 17, 2013). 

Because DOE has not yet been able to 

consider all comments raised at this 

meeting and during the additional 

comment period, DOE has not finalized 

this proposal and will address this issue 

in a separate notice. 

General Test Procedure Rulemaking 

Process 

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 provides that any test procedures 

prescribed or amended under this 

section shall be reasonably designed to 

produce test results which measure 

energy efficiency, energy use, water use 

(in the case of showerheads, faucets, 

water closets and urinals), or estimated 

annual operating cost of a covered 

product during a representative average 

use cycle or period of use and shall 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)) Finally, in any rulemaking to 

amend a test procedure, DOE must 

determine to what extent, if any, the 

proposed test procedure would alter the 

measured energy efficiency or energy 

use, or, in this case, water use, of any 

covered product as determined under 

the existing test procedure. (42 U.S.C. 

6293(e)(1)) If DOE determines that the 

amended test procedure would alter the 

measured water use of a covered 

product, DOE must amend the 

applicable water conservation standard 

accordingly. (42 U.S.C. 6293(e)(2)) 

Effective 180 days after an amended 

test procedure applicable to a covered 

product is prescribed, no manufacturer 

may make any representation with 

respect to water usage of such product 

unless such product has been tested in 

accordance with such amended test 

procedure and such representation 

fairly discloses the results of such 

testing. (42 U.S.C. 6293(c)(2)) However, 

the 180-day period may be extended for 

an additional 180 days if the Secretary 

determines that this requirement would 

impose an undue burden. (42 U.S.C. 

6293(c)(3)) 

II. Summary of the Final Rule 

The final rule amends the current 

DOE test procedures for showerheads, 

faucets, water closets, urinals, and 

prerinse spray valves. DOE has 

concluded that these changes will not 

affect measured water use of these 

products. Instead, they will primarily 

clarify the manner in which to test for 

compliance with the current water 

conservation standards. As indicated in 

greater detail in the ‘‘Discussion’’ 

section of this notice, these amendments 

apply to the current test procedures in 

10 CFR part 430, appendices S and T to 

subpart B; to the definitions set forth in 

10 CFR 430.2; and to 10 CFR part 431, 

subpart O. DOE is making these 

amendments to eliminate any potential 

ambiguity contained in these test 

procedures and clarify the regulatory 

text so that regulated entities fully 

understand the intended application 

and implementation of the test 

procedures. DOE also notes that this 

rule also fulfills its obligation to 

periodically review its test procedures 

under 42 U.S.C. 6293(b)(1)(A). 

III. Discussion 

This section discusses the test 

procedures incorporated into this final 

rule. This section also presents the 

written and oral comments received in 

response to the May 2012 NOPR, the 

written and oral comments received in 

response to the April 2013 SNOPR, and 

DOE’s responses to these comments. 

Responses to the comments address the 

following subject areas: 

1. Showerheads and Faucets 

2. Water Closets and Urinals 

3. Commercial Prerinse Spray Valves 

4. Incorporation by Reference of 

Standards 

5. Basic Models 

6. Statistical Sampling Plans 

7. Information To Be Provided in 

Certification Reports 

A. Showerheads and Faucets 

1. Definitions 

To address certain provisions of the 

revised ASME A112.18.1 that were not 

contemplated in the versions referenced 

by the existing DOE test procedures, and 

to establish greater clarity with respect 

to product coverage, DOE proposed in 

the May 2012 NOPR to adopt new 

definitions for the terms ‘‘accessory,’’ 

‘‘body spray,’’ ‘‘hand-held shower,’’ and 

‘‘fitting’’ based on the definitions for 

these components in the most recent 

ASME standard. 77 FR 31747–48 (May 

30, 2012) 

In the May 2012 NOPR, DOE 

proposed to define a showerhead as ‘‘an 

accessory, or set of accessories, to a 

supply fitting distributed in commerce 

for attachment to a single supply fitting, 

for spraying water onto a bather, 

typically from the overhead position, 

including body sprays and hand-held 

showerheads, but excluding safety 

shower showerheads.’’ 77 FR at 31755 

(May 30, 2013). DOE proposed a 

modification to the definition of the 

term ‘‘showerhead’’ based on a 

definition included in ASME 

A112.18.1.3 With the proposed 

modification, DOE intended to reflect 

that safety shower showerheads are not 

covered products, while hand-held 

showerheads are covered. The proposed 

definition also clarified that DOE would 

consider a body spray to be a 

showerhead for the purposes of 

regulatory coverage. 

Kohler and Sloan Valve Company 

(Sloan Valve) recommended that, for 

consistency, DOE should use the 

showerhead definition found in ASME 

A112.18.1: ‘‘An accessory to a supply 

fitting for spraying water onto a bather, 

typically from the overhead position.’’ 

(Kohler, No. 9 at p. 4; Sloan Valve, No. 

12 at p. 3) 4

The National Resources Defense 

Council (NRDC) commented that a 

showerhead should not be defined as an 

accessory. (NRDC, Public Meeting 

Transcript, No. 11 at pp. 54–55) 5

Plumbing Manufacturers International 

(PMI), Moen Incorporated (Moen), and 

Kohler commented that body sprays are 

not considered accessories since they 

cannot be readily added or removed by 

the user, and thus should not be 

included in the showerhead definition. 


tkelley on DSK3SPTVN1PROD with RULES
Federal Register / Vol. 78, No. 205 / Wednesday, October 23, 2013 / Rules and Regulations 62973 

(PMI, No. 8 at p. 4; Moen, No. 4 at p. 

3; Kohler, No. 9 at p. 4) NRDC 

supported the incorporation of body 

sprays in the showerhead definition. 

(NRDC, Public Meeting Transcript, No. 

11 at pp. 57–58) The International Code 

Council (ICC) recommended that the 

term ‘‘showerhead’’ be incorporated into 

the definition of body spray to clearly 

indicate that a body spray is considered 

a form of showerhead. (ICC, Public 

Meeting Transcript, No. 11 at pp. 55–56) 

Based on these comments, DOE 

withdrew the proposal to include body 

sprays in the April 2013 SNOPR, citing 

a need to further study the issue. 78 FR 

at 20834 (Apr. 8, 2013). DOE also stated 

in the April 2013 SNOPR that the 

current ASME showerhead definition 

was not specific enough to address 

DOE’s regulatory coverage of 

showerheads by not specifically 

including hand-held showerheads or 

excluding safety shower showerheads. 

78 FR at 20834 (Apr. 8, 2013). DOE also 

proposed in the April 2013 SNOPR to 

remove the term ‘‘accessory’’ from the 

definition of showerhead in light of 

comments received. 78 FR at 20834 

(Apr. 8, 2013). The April 2013 SNOPR 

proposed the following definition for 

the term ‘‘showerhead’’: ‘‘A component 

of a supply fitting, 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, including hand-held 

showerheads, but excluding safety 

showerheads.’’ 78 FR at 20841 (Apr. 8, 

2013). DOE notes that the term used in 

EPCA is ‘‘safety shower showerhead,’’ 

and DOE intended for the term in the 

proposed definition to refer to the same 

type of product. Accordingly, the 

finalized definition of ‘‘showerhead’’ in 

this rule uses the term ‘‘safety shower 

showerhead.’’ 

DOE received additional comments in 

response to the revised definition of 

showerhead proposed in the April 2013 

SNOPR. Kohler reiterated its previous 

comment in support of adopting the 

definition of showerhead contained in 

ASME A112.18.1. (Kohler, No. 27 at p. 

1) Comments were also received from 

PMI, NSF International (NSF), and the 

International Association of Plumbing 

and Mechanical Officials (IAPMO), 

Chicago Faucets, and Moen that 

supported use of the definition in ASME 

A112.18.1. (NSF, No. 22 at pp. 1–2; PMI, 

No. 23 at pp. 2–3; IAPMO, No. 25 at p. 

2; Chicago Faucets, No. 27 at p. 1; Moen, 

No. 30 at p. 1) 

Additionally, a number of comments 

were received regarding DOE’s proposal 

to adopt a definition of ‘‘showerhead’’ 

that would not include the term ‘‘body 

spray’’ and, therefore, exclude body 

sprays from the current standard. NSF, 

PMI, IAPMO, Chicago Faucet, and Moen 

made comments in support of the 

adoption of the definition of 

showerhead currently contained in 

ASME A112.18.1 without edits, with all 

commenters, except Chicago Faucets, 

explicitly supporting the decision to 

exclude body sprays from the definition. 

(NSF, No. 22 at p. 2; PMI, No. 23 at pp. 

2–3; IAPMO, No. 25 at p. 2; Chicago 

Faucets, No. 28 at p. 1; Moen, No. 30 at 

p. 1) On the other hand, a joint written 

comment submitted by NRDC and the 

Appliance Standards Awareness Project 

(ASAP) expressed regret regarding the 

Department’s proposal to remove body 

sprays from the definition of 

showerhead, and from regulatory 

coverage, and further stated that the 

proposal presented in the SNOPR was 

‘‘muddled by the inconsistent and 

ambiguous use of the term ‘fitting.’ ’’ 

(NRDC/ASAP, No. 26 at p. 1) Maximum 

Performance Testing (MaP) noted that 

removing the term ‘‘body spray’’ from 

the definition of showerhead is 

inconsistent with the general concept of 

a showerhead since both products serve 

the same basic purpose, and specifically 

supported coverage of body sprays as 

showerheads. (MaP, No. 29 at p. 1) 

Finally, the California Energy 

Commission (CEC) stated that DOE’s 

exclusion of the term ‘‘body spray’’ from 

the showerhead definition ‘‘created an 

exemption from the test procedure so 

broad that it encompasses showerheads 

as well.’’ CEC went on to clarify that use 

of the term ‘‘typically’’ (in the part of 

the proposed definition that provides 

that a showerhead sprays water 

‘‘typically from an overhead position’’) 

is ambiguous and ‘‘could lead to a 

discretionary judgment on what 

products can be considered not a 

showerhead’’ because any showerhead 

that could be placed other than 

overhead or positioned at lower than 

usual height could be called a body 

spray. (CEC, No. 31 at pp. 3–4) 

Based on careful consideration of 

these comments, DOE is excluding the 

term ‘‘accessory’’ from the showerhead 

definition and revising the definition to 

accurately use the term ‘‘supply fitting’’ 

as it is defined in ASME A112.18.1. The 

following definition is being adopted in 

this final rule: ‘‘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, 

including hand-held showerheads, but 

excluding safety shower showerheads.’’ 

This final rule is not adopting a 

definition of body spray. Because the 

term ‘‘accessory’’ is not used in the 

definition of showerhead, DOE is not 

adopting a definition for accessory. 

During the July 24, 2012 public 

meeting, PMI commented that it 

supported incorporating the definition 

of hand-held showerhead being 

developed by ASME: ‘‘An accessory to 

a supply fitting, that can be hand-held 

or fixed in place for the purpose of 

spraying water onto a bather, and which 

is connected to a flexible hose.’’ (PMI, 

Public Meeting Transcript, No. 11 at p. 

54) Written comments from Moen, PMI, 

Kohler, and Sloan Valve also supported 

adoption of ASME’s draft definition of 

hand-held showerhead. (Moen, No. 4 at 

p. 3; PMI, No. 8 at p. 4; Kohler, No. 9 

at pp. 3–4; Sloan Valve, No. 12 at p. 3) 

In the April 2013 SNOPR, DOE 

proposed the following definition for 

‘‘hand-held showerhead’’: ‘‘A 

showerhead that can be hand-held or 

fixed in place for the purpose of 

spraying water onto a bather.’’ 78 FR at 

20841. This definition removed the 

phrase ‘‘and which is connected to a 

flexible hose’’ from the ASME handheld showerhead definition because 

DOE believed the ASME definition 

might not encompass all hand-held 

showerhead configurations in the 

marketplace. 

Following publication of the SNOPR, 

DOE again received comments that 

expressed support for the adoption of 

the ASME draft definition of hand-held 

showerhead from NSF, PMI, IAPMO, 

Kohler and Moen. (NSF, No. 22 at pp. 

1–2; PMI, No. 23 at pp. 2–3; IAPMO, No. 

25 at p. 2; Kohler, No. 27 at p. 1; Moen, 

No. 30 at pp. 1–2) In response to DOE’s 

assertion that the ASME phrase ‘‘and 

which is connected to a flexible hose’’ 

is restrictive and may not cover all 

configurations, Moen commented that 

the ASME definition was developed by 

the ANSI consensus process and that 

Moen was ‘‘unaware of any hand-held 

shower that is connected via some 

means other than a hose.’’ (Moen, No. 

30 at p. 1) No other comments were 

received in response to the proposed 

definition of hand-held showerhead. 

DOE also has not identified any 

products that appear to be intended for 

use as a handheld showerhead that do 

not have a flexible hose, and notes that 

any product that otherwise meets the 

definition of a showerhead would be 

subject to the 2.5 gpm water 

consumption standard regardless of 

whether it has a flexible hose. 

Therefore, the definition for hand-held 

showerhead adopted in this final rule is: 

‘‘A showerhead that can be hand-held or 

fixed in place for the purpose of 

spraying water onto a bather and that is 

connected to a flexible hose.’’ 


tkelley on DSK3SPTVN1PROD with RULES
62974 Federal Register / Vol. 78, No. 205 / Wednesday, October 23, 2013 / Rules and Regulations 

6For example, see Title 8 of the California Code 

of Regulations, Section 5162, ‘‘Emergency Eyewash 

and Shower Equipment.’’ 

Finally, in the April 2013 SNOPR, 

DOE noted that neither EPCA nor 10 

CFR 430.2 defines the term ‘‘safety 

shower showerhead,’’ which is a type of 

showerhead specifically excluded from 

coverage by EPCA. 42 U.S.C. 

6291(31)(D). DOE noted that lack of a 

definition could cause confusion as to 

which products qualify for exclusion 

from coverage. 78 FR at 20835. DOE 

notes that the current Occupational 

Safety and Health Administration 

(OSHA) regulation addressing safety 

showers, which is located at 29 CFR 

1910.151(c), does not define the term or 

specify required characteristics of a 

safety shower showerhead. However, 

certain State regulatory requirements 

that address safety showers use ANSI 

standard Z358.1, ‘‘Emergency Eyewash 

and Shower Equipment,’’ as a 

reference.6 This standard contains 

specific design and performance criteria 

that safety showers must meet, such as 

flow rate and accessibility. The ANSI 

standard defines an emergency shower 

as ‘‘a device specifically designed and 

intended to deliver a flushing fluid in 

sufficient volume to cause that fluid to 

cascade over the entire body.’’ DOE 

requested comments on whether a 

definition of safety shower showerhead 

is needed and, if so, whether it is 

appropriate to define a safety shower 

showerhead as ‘‘a showerhead that is 

designed to meet the requirements of 

ANSI standard Z358.1.’’ DOE received 

comments on the incorporation of a 

definition of safety shower showerhead 

consistent with the requirements of 

ANSI standard Z358.1 from NSF and 

PMI, which expressed support for 

inclusion of a definition of safety 

shower showerhead. (NSF, No. 22 at p. 

2; PMI, No. 23 at p. 3) Kohler indicated 

it had no comments on adding a 

definition for safety shower 

showerhead. (Kohler, No. 27 at p. 1) 

After considering the comments 

received on the NOPR in regard to this 

proposal, and reviewing potential 

definitions for ‘‘safety shower 

showerhead,’’ DOE was unable to 

identify a definition that would clearly 

distinguish these products from the 

showerheads covered under EPCA. 

Because of the additional confusion that 

may be caused by adoption of an 

unclear definition, DOE is declining to 

adopt a definition for the term ‘‘safety 

shower showerhead’’ in this final rule. 

DOE may consider adopting a definition 

for this term in a future rulemaking. 

2. Test Procedure for Showerhead Flow 

Control Insert 

In addition to setting forth water 

conservation standards for 

showerheads, EPCA also provides that 

showerheads must comply with the 

design requirement of section 7.4.3(a) of 

ASME/ANSI standard A112.18.1M– 

1989 (42 U.S.C. 6295(j)(1)), which 

requires that if a flow control insert is 

used as a component of a showerhead, 

the showerhead must be manufactured 

such that a pushing or pulling force of 

8 lbf or more is required to remove the 

insert. 

The current text of 10 CFR 430.32(p) 

requires that all showerheads 

manufactured after January 1, 1994, 

meet the requirements of ASME/ANSI 

Standard A112.18.1M–1996, 7.4.4(a) 

(the updated version of the ASME/ANSI 

provision referenced by EPCA, section 

7.4.3(a) of ASME/ANSI A112.18.1M– 

1989). As part of this final rule, DOE is 

incorporating this requirement directly 

into the text of 10 CFR 430.32(p) in 

place of a reference to the section 4.11.1 

of ASME A112.18.1–2012, which is the 

updated version of the same provision 

in section 7.4.4(a) of ASME/ANSI 

A112.18.1M–1996. However, DOE has 

not established a test method to 

determine whether showerheads meet 

the flow control insert retention design 

requirement. In the May 2012 NOPR, 

DOE did not propose changes to the 

showerhead design requirement but 

noted that no version of ASME 

A112.18.1 provides a specific test 

procedure for verifying that a flow 

control insert remains mechanically 

retained when subjected to 8 lbf. DOE 

requested comments and information on 

prospective methods of verifying that 

the design requirement applicable to the 

flow restrictor has been met, as well as 

comments and information on 

showerhead designs that may 

complicate verification of the 8 lbf 

requirement or make verification of the 

design requirement unnecessary. 77 FR 

at 31747 (May 30, 2012). 

Based on the comments received in 

response to the May 2012 NOPR and 

subsequent research, DOE proposed in 

the April 2013 SNOPR a test method for 

validating that a given showerhead 

meets the flow control insert design 

requirement. DOE received a number of 

comments in response to the SNOPR 

expressing concerns about DOE’s 

proposed test method. (NSF, No. 22 at 

p. 2, PMI, No. 23 at p. 3, Kohler, No. 27 

at p. 2, Chicago Faucet, No. 28 at p. 2, 

and Moen, No. 30 at p. 2) On July 30, 

2013, DOE held a public meeting to 

explain the proposal in greater detail 

and to gather additional comments and 

information about the concerns of 

stakeholders and the practices currently 

used by manufacturers to verify 

compliance with the retention 

requirement. Because of the comments 

received during the NOPR and SNOPR 

comment periods and at the subsequent 

public meeting, DOE believes further 

investigation of this issue is necessary to 

understand clearly any prospective 

impacts of the proposed test procedure 

prior to finalizing a test method. 

Therefore, DOE has decided to address 

this proposal as part of a subsequent 

notice. 

3. Showerhead Leakage 

During the July 2012 public meeting, 

NRDC commented that the showerhead 

test procedure should clearly state that 

ball joint leakage from showerheads 

should be accounted for either by 

separately measuring and adding 

leakage to the flow rate determined per 

section 5.4 of ASME A112.18.1–2011 

(since incorporated into the same 

section of ASME A112.18.1–2012), or by 

capturing leakage during the flow rate 

test itself. (NRDC, Public Meeting 

Transcript, No. 11 at p. 23) Joint written 

comments submitted by NRDC and 

ASAP echoed this comment. (NRDC/

ASAP, No. 14 at pp. 1–2) DOE 

recognizes that there can be leakage in 

plumbing systems and agrees that 

leakage from a ball joint integral to a 

showerhead should be captured in the 

overall; flow rate 

In addition, DOE believes that 

proposed amendments to the DOE test 

procedure, which reference ASME 

A112.18.1, adequately capture ball joint 

leakage. ASME A112.18.1 has two 

optional discharge capacity test 

schematics allowed for testing flow rate: 

(1) A metered test set up that measures 

the flow rate through the specimen, as 

provided in section 5.4.2.2(c) or; (2) a 

time-volume test set up, which collects 

showerhead flow in a receiving 

container over a given period of time to 

calculate flow rate, as provided in 

section 5.4.2.2(d). The metered test set 

up measures all of the flow through the 

specimen and therefore will capture ball 

joint leakage. The time-volume test set 

up will account for ball joint leakage as 

long as the container is placed in such 

a way as to capture all of the flow from 

the showerhead. Also, DOE notes that 

ASME A112.18.1, section 5.3.5, sets a 

maximum leakage rate of 0.01 gallons 

per minute (gpm) from showerhead ball 

joints. While DOE does not require 

compliance with this provision, it 

serves as an indication that the amount 

of leakage expected for products that 

comply with current industry standards 

is relatively small. Based on this 


tkelley on DSK3SPTVN1PROD with RULES
Federal Register / Vol. 78, No. 205 / Wednesday, October 23, 2013 / Rules and Regulations 62975 

7WaterSense is a voluntary partnership program 

administered by the EPA that, among other 

activities, promotes water conservation by 

providing certification and labeling for water 

consuming products, including water closets, that 

meet certain water conservation standards. Further 

information is available at www.epa.gov/

WaterSense/index.html. 

information, DOE will not require a 

separate test procedure to measure ball 

joint leakage, but considers ball joint 

leakage a part of the total flow rate of 

a showerhead and has included an 

instruction in the showerhead test 

procedure in Appendix S that if the 

time/volume method is used, the 

container must be positioned as to 

collect all water flowing from the 

showerhead, including any leakage from 

the ball joint. 

4. Showerhead Test Pressure 

At the July 24, 2012 public meeting, 

NRDC stated that the requirement in 

ASME A112.18.1–2011 that 

showerheads be tested at 80 pounds per 

square inch (psi) is not representative of 

pressures experienced in an installation 

and, in fact, is excessive. (NRDC, Public 

Meeting Transcript, No. 11 at pp. 22–23) 

ICC agreed with NRDC that the 80 psi 

test pressure is excessive and urged 

DOE to ‘‘correct this obviously excessive 

number.’’ (ICC, Public Meeting 

Transcript, No. 11 at pp. 24–25) 

Although ICC presented anecdotal data 

at the public meeting, no one provided 

technical information to DOE as part of 

the written comments regarding 

pressures experienced in actual 

showerhead installations. Additionally, 

in the public meeting ICC stated that the 

pressure experienced by a showerhead 

‘‘depends on the supply pressure and 

that varies significantly as you move 

across the country, and depends 

significantly on the shower valve and 

the plumbing system.’’ (ICC, Public 

Meeting Transcript, No. 11 at p. 26) 

Currently DOE does not have 

sufficient data to provide a basis for 

revising the showerhead test pressure 

specified in ASME A112.18.1. 

Therefore, this final rule does not 

amend the test pressure for 

showerheads, but retains the 80 psi 

requirement present in ASME 

A112.18.1. 

5. Use of Time-Volume Test Method 

During the public meeting, NRDC 

questioned the efficacy of the timevolume test method for showerheads in 

ASME A112.18.1 and indicated that this 

test method may increase the amount of 

error in measured flow rates compared 

with tests using a flow meter, 

particularly due to leakage in the fixture 

and water splashing out of the receiving 

vessel during testing. (NRDC, Public 

Meeting Transcript, No. 11 at pp. 22–24) 

In their joint written comments, NRDC 

and ASAP stated that Figure 3 in the 

ASME A112–18.1 test procedure has 

shortcomings, including the following: 

(1) It cannot ensure that water will not 

splatter out of the container during the 

test; (2) it lacks instructions for 

measuring the volume of water 

collected; (3) it does not specify the 

incremental resolution of the receiving 

vessel; (4) it does not provide specifics 

for timing the test; (5) it does not state 

how many times the test must be 

repeated; and (6) it does not provide a 

method for weighting or averaging the 

results of multiple tests. NRDC and 

ASAP concluded that the time-volume 

test method set forth in ASME 

A112.18.1 ‘‘is not specified in sufficient 

detail to ensure accurate and repeatable 

results, and should not be part of the 

federal test method.’’ (NRDC/ASAP, No. 

14 at p. 2) DOE understands the 

concerns of NRDC and ASAP regarding 

these issues. However, DOE’s review of 

the updated test procedure for 

showerheads provided no evidence that 

the time-volume test method in ASME 

A112.18.1 does not meet the statutory 

requirement for DOE to prescribe test 

procedures that are reasonably designed 

to produce test results that measure 

water use during a representative 

average use cycle or period of use. (42 

U.S.C. 6293(b)(3)) Thus, this final rule 

retains the option to use the timevolume test method as specified in 

ASME A112.18.1. 

6. Testing of Shower Tower Assemblies 

In the April 2013 SNOPR, DOE sought 

to clarify how the requirements of the 

DOE test procedure apply to shower 

tower (also known as ‘‘shower panel’’) 

assemblies. DOE provided context by 

explaining that ‘‘the term shower tower 

is typically used in reference to single 

supply fittings that are designed for 

attachment to one or more hot and cold 

water connections in a shower or bath 

and that are composed of at least one 

showerhead and one or more body 

sprays, but that may also include a 

hand-held showerhead and either a 

valve for selecting spraying 

components, a thermostatic mixing 

valve, or both.’’ 78 FR at 20835 (Apr. 8, 

2013). Because DOE had proposed in 

the SNOPR a definition of the term 

‘‘showerhead’’ that did not include body 

sprays, DOE also proposed in the 

SNOPR requiring parties to turn off the 

body spray component(s) of shower 

towers during testing of the integral 

showerhead. 78 FR 20835 (Apr. 8, 

2013). 

NRDC and ASAP and MaP submitted 

comments disagreeing with DOE’s 

proposal to require that body sprays be 

turned off when testing a shower tower. 

NRDC and ASAP stated that the 

‘‘approach will yield test results that are 

not indicative of the water consumption 

in actual practice . . .’’ (NRDC/ASAP, 

No. 26 at p. 2) MaP stated that ‘‘there 

is no reason to ‘turn off’ a portion of a 

water using system simply because it is 

not considered to be included within 

the strict definition of a showerhead.’’ 

(MaP, No. 29 at p. 2) Conversely, Kohler 

and Moen agreed with DOE’s proposal 

to turn off body spray components of 

shower towers for testing. (Kohler, No. 

27 at p. 1; Moen, No. 30 at p. 2) 

Based on the comments received and 

further research into shower towers/

shower panels, DOE concluded that 

these products contain components that 

are currently subject to water 

conservation standards, namely 

showerheads and hand-held 

showerheads. Therefore, in the final 

rule DOE requires that when testing 

shower towers/shower panels, the 

showerhead portion that is subject to 

standards must be tested in accordance 

with the DOE test procedure. When 

testing a covered product for maximum 

flow in accordance with Appendix S, 

which incorporates by reference ASME 

A112.18.1 section 5.4, the full flow shall 

be diverted to the covered component 

being tested. Where it is not possible to 

isolate the portion of the shower tower 

subject to the water consumption 

standard, all components shall be 

flowing at the maximum rate and the 

showerhead measured separately. 

B. Water Closets and Urinals 

1. Dual-Flush Water Closets 

In the May 2012 NOPR, DOE 

proposed a test method to account for 

the reduced average water use of dualflush water closets, which are capable of 

being flushed in either a full-volume 

flush mode (full flush) or in a reducedvolume mode (reduced flush). Under 

the proposed test procedure, the flush 

volume of the reduced flush would be 

measured using section 7.4 of ASME 

A112.19.2 in the same manner as the 

full flush, and the average 

representative water use would be 

calculated using the composite average 

of two reduced flushes and one full 

flush. 77 FR at 31746 (May 30, 2012). 

This proposed method was based upon 

the test method used by the 

Environmental Protection Agency (EPA) 

WaterSense program 7 for measuring the 

flush volume of dual-flush water closets 

and used a weighted average of the full 

and reduced flush volumes. 

However, since the Federal water 

consumption standard is based upon the 


tkelley on DSK3SPTVN1PROD with RULES
62976 Federal Register / Vol. 78, No. 205 / Wednesday, October 23, 2013 / Rules and Regulations 

maximum water use, DOE did not 

propose to make this test method the 

required means for testing dual-flush 

water closets for the purposes of 

certification in accordance with 10 CFR 

part 429. Rather, the intent in including 

this test method was to provide 

manufacturers with a potential means to 

evaluate the representative water use of 

these products under conditions of 

expected consumer use for the purposes 

of labeling and other representations. 

For products that do not have dual-flush 

capability, the method required for 

certification would remain the standard 

full-flush volume test procedure. 

In response to the NOPR, DOE 

received several comments that opposed 

incorporation of the proposed test 

method for dual-flush products. The 

Alliance for Water Efficiency (AWE), 

Kohler, Moen, and Sloan Valve 

commented that because of DOE’s 

statutory authority, which addresses 

only the maximum water use of water 

closets, dual-flush water closets should 

only be tested in full-flush mode in 

accordance with ASME A112.19.2. 

(AWE, No. 13 at p. 2; Kohler, No. 9 at 

pp. 2–3; Moen, No. 4, p. 2; Sloan Valve, 

No. 12, p. 2). Also, AWE, ICC, Kohler, 

MaP, Moen, NRDC and ASAP, and 

Sloan Valve stated that the weightedaverage approach was unproven and 

that the particular ratio required further 

evaluation to confirm its 

representativeness. (AWE, No. 13 at p. 

2; ICC, Public Meeting Transcript No. 11 

at pp. 36–37; Kohler, No. 9 at pp. 2– 3; 

MaP, No. 10 at pp. 3–4; Moen, No. 4 p. 

2; NRDC/ASAP, No. 14 at pp. 3–4; Sloan 

Valve, Public Meeting Transcript, No. 

11 at pp. 38–39) In addition, Kohler, 

Moen, and Sloan Valve stated that 

confusion in the marketplace might 

result if DOE were to issue a method 

different from the WaterSense method 

to determine the representative average 

flush volume for dual-flush water 

closets. (Kohler, No. 9 at pp. 2–3; Moen, 

No. 4 at p. 2; Sloan Valve, No. 12 at p. 

2) 

As a result of these comments, DOE 

proposed in the April 2013 SNOPR to 

not include a dual-flush test method in 

appendix T to subpart B of 10 CFR part 

430, and instead to indicate specifically 

in § 429.30 of 10 CFR part 429 that the 

flush volume to be reported to DOE in 

certifications of compliance for water 

closets is the full-flush volume. The 

California Investor Owned Utilities (CA 

IOUs) subsequently submitted multiple 

comments that revolved around the 

issue of adopting test procedures to 

accurately estimate flush volume of 

dual-flush water closets. Specifically, 

the CA IOUs commented that: (1) DOE 

should establish an appropriate ratio of 

full-volume to reduced-volume flushes 

that is to be used in determining a 

representative flush volume for dualflush water closets; (2) there is evidence 

that a 2:1 ratio is too high and is 

variable, depending on the application; 

(3) DOE should conduct research to 

determine the appropriate ratio; (4) a 

nationally established representative 

flush volume would resolve conflicts 

between different test procedures 

adopted by states and lessen the burden 

on manufacturers; (5) the definition of a 

water closet needs to be modified to 

incorporate the ratio of reduced- to fullvolume flushes; (6) if DOE intends to 

establish a standard based on effective 

flush volume, DOE should use this 

rulemaking to develop a test procedure; 

and (7) manufacturers should be 

required to certify dual-flush water 

closets for both flush rates. (CA IOUs, 

No. 24 at pp. 2–3) NRDC and ASAP 

stated that they believe DOE should 

establish a procedure for representative 

average flush rate for dual-flush water 

closets, but recommended that this be 

done in another rulemaking. (NRDC/

ASAP, No. 26 at p. 3) 

In contrast with these comments, 

Chicago Faucets submitted a comment 

that stated, ‘‘We believe that the DOE 

mandate is to enforce the maximum 

flush volume of 1.6 gallons per flush 

(gpf). 

The best method to achieve this is to 

maintain the references to the test 

protocols of the ANSI accredited 

standard ASME A112.19.2/CSA B45.1. 

There is no justification for DOE to 

create a new standard.’’ Chicago Faucets 

added that it believes a 2:1 ratio of 

reduced- to full-volume flush is 

conservative, and that 3:1 or 4:1 is likely 

more representative of actual water use 

in dual-flush water closets. (Chicago 

Faucets, No. 28 at p. 2) 

For clarification, DOE did not intend 

to establish through its proposal a 

separate standard for dual-flush 

products or to require separate 

certification requirements for these 

products, and emphasizes that 

manufacturers of any type of covered 

water closet are only required to certify 

maximum water use (see 10 CFR 

429.30(b)(2)). DOE also notes that the 

manufacturer would not have been 

required under the NOPR proposal to 

test dual-flush toilets in both the fullflush modes and the reduced-flush 

modes if the manufacturer did not 

intend to make representations 

regarding average water use of dualflush water closets. 

However, based on the comments 

submitted, DOE has determined that it 

does not have sufficient evidence on 

which to base a test procedure for 

average representative water use for 

dual-flush water closets. Therefore, DOE 

is not adopting a test procedure to 

calculate average representative water 

use for dual-flush water closets. 

Regardless, DOE emphasizes that 

because DOE is not adopting a test 

procedure to calculate average 

representative water use for dual-flush 

water closets, manufacturers, 

distributors, retailers, and private 

labelers are not permitted to make any 

representations of water use (e.g., 

average representative water use 

reflecting an average of the full and 

reduced flush modes) for dual-flush 

water closets other than the maximum 

flush volume. Under 42 U.S.C. 

6293(c)(1) and (2), none of these 

regulated parties may make any 

representation with respect to the water 

use of a water closet unless that 

representation is based on testing 

conducted in accordance with the 

relevant DOE test procedure. In this 

case, because DOE is not adopting a test 

procedure to calculate average 

representative water use, parties may 

not state, in writing or in any broadcast 

advertisement, a specific value for the 

average representative water use of a 

dual-flush water closet. Reported flush 

volumes may only represent the flush 

volume of the full-flush mode in 

accordance with the DOE test 

procedure. Parties may state that a dualflush water closet complies with the 

requirements of EPA’s WaterSense 

program, either in writing or through 

use of the appropriate WaterSense label, 

as long as such representations are made 

in accordance with EPA specifications 

and such representations do not include 

a specific value of average 

representative water use. 

During the July 24, 2012 NOPR public 

meeting, ASAP inquired whether 

WaterSense would be required to use 

the same test procedure proposed by 

DOE in the NOPR for representative 

average water use for dual-flush water 

closets. (ASAP, Public Meeting 

Transcript, No. 11 at p. 33) This rule is 

not adding a test procedure for 

representative average water use of dual 

flush water closets and therefore will 

have no effect on the WaterSense 

specification. In addition, since 

WaterSense is a voluntary program, the 

specifications for labeling WaterSense 

products may include additional 

requirements that are beyond the 

requirements of the DOE test procedure 

as long as the DOE test procedure is the 

basis for measuring water consumption. 

At the July 24, 2012 NOPR public 

meeting, ICC inquired whether dualflush devices intended to retrofit single 

flush flushometer-style water closets are 


tkelley on DSK3SPTVN1PROD with RULES
Federal Register / Vol. 78, No. 205 / Wednesday, October 23, 2013 / Rules and Regulations 62977 

8At the time of this final rule, ASME A112.19.2– 

2013 had just been published. Because DOE did not 

have sufficient time in which to review the revised 

version, DOE was unable to incorporate the revised 

version by reference in this rule. DOE will consider 

adoption of the 2013 version of A112.19.2 in a 

future rulemaking. 

required to meet the appropriate flush 

volume standards. (ICC, Public Meeting 

Transcript, No. 11 at p. 38) (See 10 CFR 

430.32(q).) Retrofit devices are not 

covered products because they do not 

meet the definition of a water closet in 

10 CFR 430.2 and therefore are not 

required to be tested under the DOE test 

procedures for maximum flush volume. 

2. Static Test Pressure for Flushometer 

Valve Siphonic and Blowout Water 

Closets 

In written comments submitted to 

DOE following publication of the May 

2012 NOPR, NRDC and ASAP 

recommended that DOE evaluate the 

effect of averaging test results that have 

been obtained at different test pressures 

of siphonic flushometer style water 

closets, which is the general method 

used in both ASME/ANSI A112.19.6– 

1995 referenced in the DOE test 

procedure for water closets and in the 

newer ASME A112.19.2–2008. (NRDC/

ASAP, No. 14 at p. 2) NRDC and ASAP 

further suggested that DOE should 

require reporting of the higher water 

consumption value obtained by (1) 

averaging three tests at 80 psi and (2) 

averaging three tests at 35 psi for 

siphonic flushometer water closets and, 

at a minimum, should discard the 2:1 

ratio of test results at the lower pressure. 

(NRDC/ASAP, No. 14 at p. 2) Although 

not specifically mentioned by NRDC 

and ASAP in their comments, DOE also 

proposed in the May 2012 NOPR to 

require an additional low pressure test 

at 45 psi for blowout flushometer water 

closets that would result in a 2:1 ratio 

of results. 77 FR at 31745. 

In the April 2013 SNOPR, DOE agreed 

that the use of a 2:1 ratio for averaging 

water consumption of flushometer 

siphonic and blowout water closets at 

the pressures currently indicated in 

Table 5 of ASME A112.19.2–2008 could 

lead to results that are not 

representative across a range of 

pressures. For this reason, DOE 

proposed that the test pressures for 

flushometer valve water closets with a 

siphonic bowl be 80 psi and 35 psi. For 

flushometer valve water closets with a 

blowout bowl, DOE proposed that the 

test pressures be 80 psi and 45 psi. 

According to this proposal, the test shall 

be run three times at each pressure as 

specified in section 7.4.3, ‘‘Procedure,’’ 

of ASME A112.19.2–2008. 78 FR at 

20842. 

In comments on the April 2013 

SNOPR, NSF, PMI, IAPMO, Kohler, and 

Chicago Faucet stated that the 

requirements in Table 5 of ASME 

A112.19.2–2008 were published 

incorrectly. (NSF, No. 22 at p. 3; PMI, 

No. 23 at pp. 5–6; IAPMO, No. 25 at p. 

2; Kohler, No. 27 at pp. 2–3; Chicago 

Faucet, No. 28 at p. 2) The commenters 

stated that the ASME A112 committee 

has addressed the error and in 2013 will 

publish a revision to the standard 

mirroring DOE’s April 2013 SNOPR 

proposal.8

NRDC and ASAP re-stated their 

recommendation that, in order to ensure 

that test reporting does not obscure 

efficiency actually experienced by 

building owners, DOE ‘‘should require 

reporting of the higher water 

consumption value obtained by the 

average of three tests at 80 psi and the 

average of three tests at 35 psi. At a 

minimum, these values should be 

reported separately even if averaging is 

permitted to demonstrate compliance.’’ 

(NRDC/ASAP, No. 26 at p. 3) 

Based on the comments received in 

response to the SNOPR, DOE, in this 

final rule, adopts the requirement that 

water consumption tests be conducted 

at two static pressures, with three tests 

at each pressure (i.e., six total tests, 

rather than nine). For flushometer valve 

water closets with a siphonic bowl, DOE 

requires that the test pressures be 80 psi 

and 35 psi. For flushometer valve water 

closets with a blowout bowl, DOE 

requires that the test pressures be 80 psi 

and 45 psi. According to this 

amendment, the water consumption test 

shall be run three times at each pressure 

as specified in section 7.4.3, 

‘‘Procedure,’’ of ASME A112.19.2–2008. 

The recorded flush volume for each 

tested unit shall be the average of the 

total flush volumes obtained over the 

range of pressures specified above. 

3. Water Closet and Urinal SensorActivated Flush Testing 

NRDC and ASAP commented that 

water closet and urinal flush valves that 

are activated automatically by a sensor 

are not adequately tested under the 

ASME test procedures. NRDC and ASAP 

claimed that these types of sensoractivated flush valves can cause 

‘‘phantom flushing’’ (i.e., unintended 

flushing by the sensored-valve) and lead 

to excessive water use. NRDC and ASAP 

requested that DOE develop test 

procedures to address this issue. 

(NRDC/ASAP, No. 14 at p. 3) While 

DOE understands that such phantom 

flushing may be a concern, the DOE 

water consumption standards for water 

closets and urinals, found at 10 CFR 

sections 430.32(q) and 430.32(r), 

respectively, are measured in gallons 

per flush and do not include annual 

water consumption. While phantom 

flushes affect the annual water 

consumption of these products, they do 

not affect the water use of a single flush. 

The test procedures for flush valves for 

water closets and urinals are only 

intended to measure the flush volume of 

a single flush. The purpose of this 

rulemaking is to update the DOE test 

procedures. Introduction of a new test 

procedure for sensor-activated flush 

valves is outside of the scope of this 

rulemaking. 

4. Test Procedure Amendments for 

Gravity Flush Tank Water Closet Trim 

Adjustments 

In written comments submitted to 

DOE and in oral comments made during 

the July 24, 2012 NOPR public meeting, 

NRDC and ASAP urged DOE to consider 

requiring manufacturers to adjust the 

tank trim components to the maximum 

flush volume setting during testing. 

(NRDC, Public Meeting Transcript, No. 

11 at pp. 70–71; NRDC/ASAP, No. 14 at 

p. 3) The term ‘‘tank trim’’ refers to the 

components in the tank that can be 

adjusted by the consumer such as the 

water level, fill valve timing, and related 

components. While DOE’s current test 

procedure does not address this issue, 

ASME A112.19.2–2008, section 7.1.2, 

specifies that for gravity flush tank 

water closets, the water level in the tank 

and fill time shall be adjusted in 

accordance with the manufacturer’s 

instructions and specifications at each 

test pressure. Table 5 in ASME 

A112.19.2–2008 specifies that 

‘‘[a]djustments to tank trim components 

shall be permitted only when changes to 

test pressures are indicated’’ and that 

‘‘[n]o adjustments shall be allowed 

between tests employing like 

pressures.’’ These provisions ensure that 

once the trim is set to the 

manufacturer’s specifications, the water 

level and fill time adjustments remain 

the same for tests that use like 

pressures, which simulates how water 

closets are used in real-world 

application. 

After receiving comments from NRDC 

and ASAP, DOE investigated water 

closet manufacturers’ instructions on 

gravity flush tank trim adjustments. 

Based upon a review of installation 

instructions for representative models 

from eight separate manufacturers, 

which represent a significant sampling 

of major manufacturers of tank-type 

water closets currently on the market, 

DOE believes it to be likely that the 

majority of manufacturers’ installation 

instruction manuals for gravity flush 

tank water closets specify the tank water 


tkelley on DSK3SPTVN1PROD with RULES
62978 Federal Register / Vol. 78, No. 205 / Wednesday, October 23, 2013 / Rules and Regulations 

level and also provide directions on 

adjusting the tank’s water level. 

However, DOE found that few 

manufacturers provide information on 

the recommended adjustment of other 

trim components, such as the flapper 

valve or fill valve. Section 7.1.2 of 

ASME A112.19.2–2008 only specifies 

adjustments made to the tank water 

level and fill time and does not specify 

adjustments made to other trim 

components such as the flapper valve. 

Taking into account the variety of water 

closet designs on the market, it is 

unclear whether the impact on flush 

volume of trim adjustments that are not 

specified in manufacturer’s instructions 

or in ASME A112.19.2–2008 is 

significant. 

Based on these findings, in the April 

2013 SNOPR, DOE proposed to amend 

the test procedures for gravity flush tank 

toilets to require that, at each test 

pressure specified in Table 5 of ASME 

A112.19.2–2008, trim components of 

gravity flush tank water closets 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, be set in accordance with 

the printed installation instructions 

supplied by the manufacturer. For 

products with instructions that do not 

specify trim setting adjustments, DOE 

proposed to require that these trim 

components be adjusted to the 

maximum water use setting so that the 

maximum flush volume is produced 

without causing the water closet to 

malfunction or leak. In this context, 

DOE interprets ‘‘malfunction or leak’’ to 

mean that the product is otherwise 

unable to meet the requirements of the 

ASME A112.19.2 standard for basic 

functionality. In addition, the water 

level in the tank would be set to the 

maximum level indicated in the printed 

installation instructions supplied by the 

manufacturer or the water line indicated 

on the tank itself, whichever is higher. 

DOE also proposed to require that if the 

product’s installation instructions or the 

water closet tank do not indicate a water 

level, the water level must be adjusted 

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 

A112.19.2–2008. 

In response to this proposal in the 

SNOPR, American Standard, NSF, PMI, 

and Chicago Faucets submitted 

comments stating that trim adjustments 

to gravity tank water closets are already 

covered in ASME A112.19.2–2008, and 

that there is no need to deviate from this 

national standard. These comments also 

stated that any adoption of changes to 

trim adjustments should be managed by 

ASME through a consensus process. 

(American Standard, No. 21 at p. 1; 

NSF, No. 22 at p. 3; PMI, No. 23 at p. 

5; Chicago Faucets, No. 28 at p. 2) 

American Standard argued that 

consumers would be less satisfied with 

the proposed adjustments because of the 

reduced water pressure brought about 

by a lower water level. (American 

Standard, No. 21 at p. 1) 

Chicago Faucets specifically 

commented that proposed trim 

adjustments will not reduce water 

consumption in water closets and 

‘‘adjusting the time of the fill valve in 

a wash down gravity flush water closet 

does not affect the flush volume . . . . 

If the valves are not adjustable then the 

instructions are not relevant.’’ (Chicago 

Faucets, No. 28 at p. 2) 

Comments received from Kohler and 

IAPMO agreed with DOE’s proposed 

gravity tank water closet trim 

adjustments and states that a majority of 

manufacturers provide adequate 

instructions pertaining to proper tank 

component settings at the intended 

flush volumes. (Kohler, No. 27 at pp. 2– 

3; IAPMO, No. 25 at p. 2) 

Based on comments received and 

research conducted, DOE has concluded 

the specifications in ASME A112.19.2– 

2008 may not be adequate to ensure that 

manufacturers test gravity tank water 

closets at the maximum flush volume. 

DOE does not believe that trim 

adjustments will cause consumers to be 

less satisfied with the water closet 

performance. The water closet design 

should provide a proper flush 

performance that does not exceed the 

maximum flush volume, and the tank 

water level and other component 

settings (such as the flapper valve) 

should be adequate in meeting this 

requirement. Therefore, in this final 

rule, DOE is establishing a requirement 

that at each test pressure specified in 

Table 5 of ASME A112.19.2–2008, trim 

components of gravity flush tank water 

closets that can be adjusted to cause an 

increase in flush volume, including (but 

not limited to) the flapper valve, fill 

valve, and water tank level, shall be set 

in accordance with the printed 

installation instructions supplied by the 

manufacturer. For products with 

instructions that do not specify trim 

setting adjustments, trim components 

shall be adjusted to the maximum water 

use setting so that the maximum flush 

volume is produced without causing the 

water closet to malfunction or leak. In 

this context, DOE interprets 

‘‘malfunction or leak’’ to mean that the 

product is otherwise unable to meet the 

requirements of the ASME A112.19.2– 

2008 standard for basic functionality. In 

addition, the water level in the tank 

shall be set to the maximum level 

indicated in the printed installation 

instructions supplied by the 

manufacturer or the water line indicated 

on the tank itself, whichever is higher. 

If the product’s installation instructions 

or the water closet tank do not indicate 

a water level, the water level shall be 

adjusted to 1 ± 0.1 inches below the top 

of the overflow tube or 1 ± 0.1 inches 

below the top rim of the watercontaining vessel (for gravity flush tank 

water closets that do not contain an 

overflow tube) for each designated 

pressure specified in Table 5 of ASME 

A112.19.2–2008. 

MaP, NRDC and ASAP, and PMI 

recommended that DOE follow the 

WaterSense specification for gravity 

tank water closet trim adjustments and 

stated that the WaterSense specification 

is a validated procedure that has been 

used on thousands of products. (MaP, 

No. 29 at p. 2; NRDC/ASAP, No. 26 at 

pp. 2–3; PMI, No. 23 at p. 5) 

Specifically, NRDC and ASAP stated, 

‘‘field adjustability is a significant cause 

of excessive water consumption by 

nominally compliant tank-type water 

closets at the point of use and the US 

EPA WaterSense specification for tanktype toilets incorporates specific 

language on field adjustability, and 

limits the effects of adjustability to 0.4 

gallons per flush in additional 

consumption.’’ NRDC and ASAP went 

on to state, ‘‘Although the specific 

allowance of 0.4 gpf used by 

WaterSense should be examined further 

by DOE before incorporation into the 

federal test procedure, the frame 

developed by WaterSense is one that the 

Department should consider in this 

rule-making.’’ (NRDC/ASAP, No. 26 at 

pp. 2–3) 

After consideration of these 

comments, DOE will not adopt the 

WaterSense specifications for gravity 

tank water closet trim adjustments. The 

WaterSense specification provides a 

special allowance to address field 

adjustments to trim settings, which are 

outside the scope of the water 

consumption test required by DOE and 

which may add confusion to 

compliance with Federal requirements 

if added to the regulations. Specifically, 

the WaterSense specification permits 

the maximum volume of water that can 

be discharged by the water closet when 

field adjustment of the tank trim is set 

at the maximum use setting to be as 

high as the following values: 1.68 gpf for 

single-flush water closets and 2.00 gpf 

for dual-flush water closets in the fullflush mode. (See EPA WaterSense 


tkelley on DSK3SPTVN1PROD with RULES
Federal Register / Vol. 78, No. 205 / Wednesday, October 23, 2013 / Rules and Regulations 62979 

Specification for Tank-Type Toilets 

version 1.1, section 5.2, available at 

http://www.epa.gov/WaterSense/docs/

revised_het_specification_v1.1_050611_

final508.pdf, or DOE Docket Number 

EERE–2011–BT–TP–0061, No. 1, p. 3) 

DOE views the water level and trim 

settings identified by the manufacturer 

through the printed instructions 

supplied with the water closet and 

marked on the tank as the settings for 

expected consumer use, and would 

require use of the maximum settings 

only in cases where the manufacturer 

has provided no instructions or 

markings regarding these settings. 

Because the allowances in the 

WaterSense specification address water 

consumption under conditions outside 

of those which DOE has previously 

determined to be representative of 

expected consumer use, DOE declines to 

adopt these specifications. DOE notes 

that any basic model that, under the 

DOE test procedure, must be tested 

using the maximum trim setting must 

meet the applicable Federal standard 

when tested using that maximum trim 

setting. 

5. Annual Water Consumption Metric 

During the July 24, 2012 NOPR public 

meeting and in written comments, 

NRDC and ASAP proposed that DOE 

consider the use of an annual water 

consumption metric and associated test 

procedure for water closets, reasoning 

that ‘‘if all new water closets were 

required to certify an annual 

consumption rate that incorporated a 

reasonable limitation on losses due to 

leakage, the federal efficiency standard 

would more effectively encourage the 

use of designs and materials that 

eliminate leakage altogether.’’ (NRDC, 

Public Meeting Transcript, No. 11 at pp. 

72–73; NRDC/ASAP, No. 14 at p. 4) 

More specifically, NRDC and ASAP 

recommended the incorporation by 

reference of ASME A112.19.5–2011, 

‘‘Flush valves and spuds for water 

closets, urinals, and tanks,’’ which 

addresses leakage for those products. 

(NRDC/ASAP, No. 14 at p. 4) 

DOE notes that the purpose of the 

current rulemaking is to update the 

existing DOE test procedures, which are 

prescribed primarily for measuring the 

maximum flush volume of water closets 

and for verifying compliance with the 

applicable Federal water consumption 

standards. The Federal standard does 

not include a limit on annual water use, 

nor do DOE’s test procedures include a 

measurement of annual water use. 

Further, in accordance with EPCA, DOE 

is required to consider the most current 

version of industry standards, which do 

not address annual water use of these 

products. 42 U.S.C. 6293(b)(8) Finally, 

DOE does not currently have enough 

data to develop a test procedure for 

quantifying annual water use of water 

closets. Development of such a metric 

would likely require consideration of 

issues such as usage patterns for the 

products, flushing patterns of sensoroperated valves, and leakage. Thus, 

introduction of an annual water use 

metric is outside of the scope of the 

current rulemaking. 

6. Trough Urinal Reporting 

Requirements 

In the April 2013 SNOPR, DOE noted 

that the reporting requirement for 

trough urinals in § 429.31(b)(2) requires 

reporting of water consumption for 

these products in gallons per minute 

(gpm). DOE stated that the appropriate 

unit of measurement for reporting water 

consumption of trough-type urinals 

should be gpf in accordance with the 

Federal standard contained in 10 CFR 

430.32(r) and proposed to update the 

requirement in § 429.31(b)(2) to reflect 

that the water consumption of urinals be 

reported in gpf. 78 FR at 20841. 

In response, three interested parties 

provided feedback on the proposal. PMI, 

IAPMO, and Kohler all commented that 

trough-type urinals are not equipped 

with a flushing mechanism and 

therefore water consumption cannot be 

measured using gpf. (PMI, No. 23 at p. 

6; IAPMO, No. 25 at p. 2; Kohler, No. 

27 at p. 3) 

Based on these comments, DOE 

reviewed the requirements of 10 CFR 

sections 429.31(b)(2) and 430.32(r) and 

found that it was in error in the April 

2013 SNOPR. DOE water conservation 

standards for trough urinals are based 

on maximum flow rate (i.e., gallons per 

minute, not gallons per flush). 

Therefore, DOE withdraws the proposal 

set forth in the April 2013 SNOPR to 

require water consumption for troughtype urinals to be reported in gallons 

per flush. The language currently 

contained in 10 CFR 429.31(b)(2) 

regarding the reporting of water 

consumption of trough-type urinals will 

remain unchanged. 

C. Commercial Prerinse Spray Valves 

In the May 2012 NOPR, DOE 

proposed to update its test procedures 

to adopt the industry standard for 

prerinse spray valve testing to ASTM 

standard F2324–2009. DOE noted in the 

NOPR that no changes had been made 

to the standard, and that only the date 

had been updated from 2003 to 2009. 77 

FR 31746 (May 30, 2012). MaP, NRDC, 

and Chicago Faucets commented that 

test procedures for prerinse spray valves 

in ASTM standard F2324–09 were being 

updated to reflect new performance 

tests that correlate with user 

satisfaction. (MaP, No. 10 at p. 5; NRDC, 

Public Meeting Transcript, No. 11 at pp. 

43–44; Chicago Faucets, Public Meeting 

Transcript, No. 11 at pp. 44–45) DOE 

notes that it has statutory authority only 

as it relates to maximum flow rate of 

prerinse spray valves and does not have 

statutory authority over product 

performance as it relates to user 

satisfaction. DOE also notes that the 

revised test procedure does not change 

the maximum flow rate for prerinse 

spray valves. The new version of ASTM 

standard F2324 has not been finalized at 

the time of this final rule, and DOE 

cannot incorporate by reference a draft 

test procedure. Thus, this final rule 

incorporates by reference ASTM 

standard F2324–09 for testing of 

commercial prerinse spray valves. 

D. Incorporation by Reference of 

Standards 

1. ASME Standards 

In the May 2012 NOPR, DOE 

proposed to adopt the updated ASME 

standard (ASME A112.18.1M–2011) to 

align the DOE test procedures for 

faucets and showerheads with industry 

practice. 77 FR 31746 (May 30, 2012). 

DOE received comments from Moen and 

Kohler supporting the incorporation of 

the updated ASME standard (Moen, No. 

4 at p. 1; Kohler, No. 9 at p. 1). PMI, 

Sloan Valve, and AWE also commented 

in favor of DOE adopting the updated 

reference to ASME A112.18.1, but 

included a statement that the standard 

should be incorporated in its entirety 

without edits, modifications, or 

exceptions. (PMI, No. 8 at p. 2; Sloan 

Valve, No. 12 at p. 1; AWE, No. 13 at 

p. 1) NSF and PMI submitted similar 

comments following publication of the 

April 2013 SNOPR. (NSF, No. 22 at pp. 

2–3; PMI, No. 23 at pp. 2–3) DOE did 

not receive any comments objecting to 

the proposal. 

Subsequently, ASME A112.18.1– 

2012, which is identical to ASME 

A112.18.1–2011 in the sections 

referenced by DOE, has been reviewed 

by the American National Standards 

Institute (ANSI) and was approved in 

December 2012. Furthermore, ASME 

A112.18.1–2012 has been adopted by 

the Canadian Standards Association 

(CSA) as CSA B125.1. DOE has 

reviewed ASME A112.18.1–2012 and 

finds that it meets the requirements of 

42 U.S.C. 6293(b)(7)(B). In response to 

the comment that the entire standard 

should be incorporated, DOE is only 

incorporating those sections relevant to 

measurement of the flow rate of these 

covered products. Therefore, this final 


tkelley on DSK3SPTVN1PROD with RULES
62980 Federal Register / Vol. 78, No. 205 / Wednesday, October 23, 2013 / Rules and Regulations 

rule incorporates by reference section 

5.4, Flow Rate, of ASME A112.18.1– 

2012, ‘‘Plumbing Supply Fittings,’’ for 

faucets and showerheads. 

In the May 2012 NOPR, DOE also 

proposed to adopt the updated ASME 

standard (ASME A112.19.2–2008) to 

align the DOE test procedures for water 

closets and urinals with industry 

practice. 77 FR 31746 (May 30, 2012). 

ASME A112.19.2–2008 has been 

reviewed by ANSI and was approved on 

August 1, 2008. Furthermore, ASME 

A112.19.2–2008 has been adopted by 

CSA as CSA B45.1–08. Moen and 

Kohler submitted comments supporting 

the incorporation of the updated 

standard (Moen, No. 4 at p. 2; Kohler, 

No. 9 at p. 2). PMI, Sloan Valve, and 

AWE also commented in favor of DOE 

adopting the updated reference to 

ASME A112.19.2–2008, but included a 

statement that the standard should be 

incorporated in its entirety without 

edits, modifications, or exceptions. 

(PMI, No. 8 at p. 3; Sloan Valve, No. 12 

at p. 2; AWE, No. 13 at p. 2) NSF and 

PMI submitted similar comments 

following publication of the April 2013 

SNOPR (NSF, No. 22 at p. 3; PMI, No. 

23 at p. 5). In response to the comment 

that the entire standard should be 

incorporated, DOE is only incorporating 

those sections relevant to measurement 

of the water consumption of these 

covered products. DOE has reviewed 

ASME A112.19.2–2008 and finds it 

meets the requirements of 42 U.S.C. 

6293(b)(7)(B). 

Therefore, this final rule incorporates 

by reference section 7.1, ‘‘General,’’ and 

subsections 7.1.1, 7.1.2, 7.1.3, 7.1.4, and 

7.1.5 as well as section 7.4, ‘‘Water 

Consumption Test,’’ of ASME 

A112.119.2–2008, ‘‘Ceramic Plumbing 

Fixtures,’’ for water closets. For the 

testing of urinals, this final rule 

incorporates by reference section 8.2, 

‘‘Test Apparatus and General 

Instructions,’’ subsections 8.2.1, 8.2.2, 

and 8.2.3 as well as section 8.6, ‘‘Water 

Consumption Test,’’ of ASME 

A112.19.2–2008, ‘‘Ceramic Plumbing 

Fixtures.’’ 

2. Automatic Incorporation of Standards 

Moen and Kohler recommended that 

DOE eliminate a reference to a specific 

version of the ASME standards and 

instead incorporate language in the CFR 

that requires compliance with the latest 

revision of the applicable ASME 

standard within two years after its 

publication by ASME. (Moen, No. 4 at 

pp. 1–2; Kohler, No. 9 at pp. 1–2) EPCA 

specifies that if the test procedure 

requirements of ASME/ANSI standard 

A112.18.1M–1989 and ASME/ANSI 

standard A112.19.6–1995 are revised at 

any time and approved by ANSI, the 

Secretary shall amend the test 

procedures to conform to such revised 

ASME/ANSI requirements unless the 

Secretary determines by rule that to do 

so would not meet the requirements of 

paragraph 42 U.S.C. 6293(b)(3). 42 

U.S.C. 6293(b)(7)(B)–(8)(B) EPCA directs 

that any test procedure prescribed or 

amended by DOE shall be reasonably 

designed to produce test results that 

measure water use or estimated annual 

operating cost of a covered product 

during a representative average use 

cycle or period of use, as determined by 

the Secretary, and shall not be unduly 

burdensome to conduct. 42 U.S.C. 

6293(b)(3)(B) Automatically updating 

the Code of Federal Regulations (CFR) to 

the latest published version of the 

ASME standard does not allow DOE to 

review the changes made to ensure that 

the revisions meet the requirements in 

42 U.S.C. 6293(b)(3) regarding 

representativeness of measurements and 

the associated test burden of the 

procedure. It also would not address the 

requirement in EPCA for DOE to review 

test procedures for all covered products 

every 7 years. 42 U.S.C. 6293(b)(1)(A). 

Further, the Administrative Procedure 

Act requires that any substantive 

amendment to an existing rule be 

subject to prior notice and an 

opportunity for public comment. 

Therefore, DOE is not adopting the 

recommendation from Moen and 

Kohler. 

3. ASTM Standard 

In the May 2012 NOPR, DOE 

proposed to adopt the updated ASTM 

standard F2324–09 to align the DOE test 

procedures for prerinse spray valve 

maximum flow rate measurement with 

industry practice. 77 FR 31746 (May 30, 

2012). Moen, PMI, MaP, and AWE all 

commented in favor of DOE adopting 

the updated reference to ASTM 

standard F2324–09. (Moen, No. 4 at p. 

2; PMI, No. 8 at p. 3; PMI, Public 

Meeting Transcript, No. 11 at pp. 42–43; 

MaP, No. 10 at p. 5; AWE, No. 13 at p. 

2) DOE has reviewed ASTM standard 

F2324–09 and finds that it meets the 

requirements of 42 U.S.C. 6293(b)(7)(B). 

Therefore, this final rule incorporates by 

reference ASTM standard F2324–09, 

‘‘Standard Test Method for Prerinse 

Spray Valves.’’ 

E. Definition of Basic Model 

In the May 2012 NOPR, DOE provided 

information on the water closet and 

urinal basic model definition and 

requested comments on the 

interpretation of the current definition 

of a basic model and factors that DOE 

should consider in clarifying the 

definition of basic model. DOE 

considered evaluation of this issue to be 

of importance since the water 

consumption of some types of water 

closets and urinals, particularly those 

that use a flushometer valve, must be 

measured by combining a flushing 

mechanism and bowl that are 

distributed in commerce separately, 

which could complicate the 

identification of basic models for the 

purposes of testing and certification. 

During the July 24, 2012 public meeting, 

NRDC commented that it is unclear how 

DOE expects the valve/bowl pairing 

combination to work in practice with 

respect to the basic model definition. To 

illustrate the lack of clarity, NRDC 

pointed to DOE’s own language 

indicating that different valve and bowl 

combinations could result in different 

flush volumes. (NRDC, Public Meeting 

Transcript, No. 11 at pp. 60–61) In 

follow-up written comments submitted 

jointly, NRDC and ASAP stated that 

DOE’s explanation in the NOPR of how 

the compliance certification accounts 

for all possible combinations of a valve 

and bowl failed to ‘‘clarify how a fixture 

manufacturer can establish that its bowl 

cannot be paired with a flushing device 

that would provide a higher flush 

volume and still function properly.’’ 

(NRDC/ASAP, No. 14 at p. 6) NRDC 

stated that because DOE is aware of the 

variability of flush volume based on the 

valve/bowl combination, it must find a 

way to verify that products shipped to 

commerce can reliably meet the 

standard. Finally, NRDC and ASAP 

suggested that DOE consider expanding 

the definition of ‘‘tested combination’’ 

in 10 CFR 430.2 to include information 

specific to water closets and urinals 

along with their associated flushing 

devices. (NRDC/ASAP, No. 14 at p. 6) 

NRDC and ASAP also inquired as to 

whether new valves shipped into 

commerce that are not paired with a 

bowl are covered products and require 

certification. (NRDC, Public Meeting 

Transcript, No. 11 at p. 62; ASAP, 

Public Meeting Transcript, No. 11 at p. 

64) 

Based on the comments received, 

DOE further investigated the issues 

revolving around the basic model 

definition and certification of water 

closets and urinals. In the April 2013 

SNOPR, DOE provided information on 

the definitions of water closet and 

urinal contained in ASME A112.19.2 

and 10 CFR 430.2, which both state that 

these products are receiving vessels 

that, upon actuation, convey waste 

through a trap to a drainage system. The 

flushing device, such as a flushometer 

valve, does not meet the definition of a 


tkelley on DSK3SPTVN1PROD with RULES
Federal Register / Vol. 78, No. 205 / Wednesday, October 23, 2013 / Rules and Regulations 62981 

water closet or urinal, and therefore is 

not itself a covered produce under 

DOE’s regulations. 78 FR at 20838 (Apr. 

8, 2013). DOE noted that manufacturers 

are only required to certify the water 

closet bowl or urinal body, but for 

proper operation, the receiving vessel 

must be paired with a valve during 

testing and operation. 78 FR at 20839 

(Apr. 8, 2013). Additionally, water 

closet bowls and urinal bodies are 

designed for specified flush volumes 

and must be paired with a valve 

designed to deliver that volume to 

ensure proper operation. 

In order to clarify the requirement for 

pairing a valve and bowl together for 

testing, DOE proposed to incorporate by 

reference section 7.1.5.2 of ASME 

A112.19.2–2008, which clearly states 

that a flushometer valve must be 

connected to the test bowl, and specifies 

that while conducting the water 

consumption test the valve is required 

to maintain a peak flow rate. 78 FR at 

20839 (Apr. 8, 2013). A similar 

provision for flushometer urinals was 

proposed to be incorporated in the May 

2012 NOPR. 77 FR at 31745 (May 30, 

2012). DOE further proposed to modify 

the certification requirements in 10 CFR 

429.30(b)(2) for water closets and 

429.31(b)(2) for urinals to require 

manufacturers to identify the 

flushometer valve that was used during 

the water consumption test. 

Following the April 2013 SNOPR, 

NRDC and ASAP again commented on 

the definition of basic model and 

certification requirements. NRDC and 

ASAP stated that the proposal fails to 

require the valve that is actually 

shipped to be tested and certified and 

also points out that there is no way to 

establish that the flush volume rating of 

the valve used in the test represents the 

valve flush volume that will be paired 

with the covered product because other 

valves are not subject to federally 

recognized testing and certification. The 

comment lists other key attributes that 

NRDC and ASAP believe DOE’s 

proposal fails to account for, which 

include the following: (1) The product 

category for flushometer water closets 

and urinals should encompass the valve 

and the china because neither alone 

would meet the product definition; (2) 

flushometer valves are commonly 

shipped separately from the china; (3) 

water closet bowls and urinal bodies are 

often shipped without a valve; and (4) 

ASME A112.19.2–2008 is essentially a 

test of the valve. (NRDC/ASAP, No. 26 

at pp. 3–4). NRDC and ASAP restated 

their previous proposal that DOE 

include language in 10 CFR 430.2, 

‘‘Tested Combination’’ to include 

language and procedures specific to 

water closets and urinals and their 

associated flushing devices. 

DOE also received comments from 

NSF, PMI and IAPMO that supported 

the definition of basic model proposed 

by DOE in the April 2013 SNOPR as 

well as the incorporation of ASME 

A112.19.2–2008, Section 7.1.5.2. (NSF, 

No. 22 at p. 4; PMI, No. 23 at p. 6; 

IAPMO, No. 25 at p. 2) Kohler requested 

clarification that the ‘‘valve’’ is meant to 

refer to a flushometer valve and not a 

flush valve housed in a toilet tank. 

Kohler further stated that standard 

industry practice ‘‘is such that if a 

specific flushing device is required to be 

used with a fixture, this requirement is 

indicated on the fixture specification 

sheet. In the event the fixture 

specification sheet does not indicate a 

specific flushing device, any flushing 

device that operates at the rated marking 

on the fixture can be used.’’ (Kohler, No. 

27 at p. 3) 

In response to these comments, DOE 

notes that the purpose of the 

information presented in both the May 

30, 2012 NOPR and April 8, 2013 

SNOPR was not to change the existing 

definition of a basic model of a water 

closet or urinal, but to clarify for 

manufacturers how individual models 

could be grouped together as a single 

basic model for the purposes of testing 

and reporting water consumption in 

accordance with 10 CFR 429.12. 

Reported consumption must be based 

on the maximum flow for a given valve/ 

china combination. When a 

manufacturer certifies a given pairing as 

a basic model, an assurance is provided 

to DOE that the rating, based on the 

basic model pair, represents the 

maximum flush volume that the basic 

model pair is designed to provide. 

Therefore, in this final rule, DOE 

retains the existing definition of basic 

model for water closets and urinals, and 

incorporates by reference section 7.1.5.2 

of ASME A112.19.2–2008, which clearly 

states that a flushometer valve must be 

connected to the test bowl and specifies 

that while conducting the water 

consumption test for water closets, the 

valve is required to maintain a peak 

flow rate. However, because the 

addition of new items to the existing 

reporting requirements requires separate 

review that is not being conducted as 

part of this rulemaking, DOE declines to 

adopt the requirement that the 

flushometer valve used during the water 

consumption testing of water closets 

and urinals be included on the 

certification report, and will address 

that proposal as part of a separate 

rulemaking. 

F. Statistical Sampling Plans 

In the May 2012 NOPR, DOE 

requested comment on the provisions of 

the statistical sampling plans for 

faucets, showerheads, water closets, 

urinals, and commercial prerinse spray 

valves specified in 10 CFR sections 

429.28, 429.29, 429.30, 429.31, and 

429.51, including the confidence limits 

and potential revisions to the respective 

sampling plans that might better reflect 

the level of repeatability that is 

achievable for each test. 77 FR 31746 

(May 30, 2012). Moen, PMI, Kohler, 

Sloan Valve, and AWE all supported 

retaining the existing statistical 

sampling plans and no dissenting 

comments were received. (Moen, No. 4 

at p. 4; PMI, No. 8 at pp. 4–5; Kohler, 

No. 9 at p. 4; Sloan Valve, No. 12 at p. 

3; AWE, No. 13 at p. 3) Therefore, in 

this final rule DOE retains the existing 

statistical sampling plans without 

change. 

G. Information To Be Provided in 

Certification Reports 

In the May 2012 NOPR, DOE 

proposed to retain the existing general 

reporting requirements as they are listed 

in 10 CFR 429.12, as well as productspecific requirements in 10 CFR 429.28 

(for faucets), 429.29 (for showerheads), 

429.30 (for water closets), 429.31 (for 

urinals), and 429.51 (for commercial 

prerinse spray valves). DOE also 

proposed to move the rounding 

provisions for all five products to 10 

CFR part 429 to clarify that rounding of 

the final rated value of water 

consumption for a basic model should 

occur after application of the sampling 

statistics. 77 FR 31749. No comments 

were received in response to this 

proposal. 

In the April 2013 SNOPR, DOE 

proposed to change the certification 

requirements in 10 CFR 429.30(b)(2) for 

water closets and 429.31(b)(2) for 

urinals to require manufacturers to 

identify in their certification reports the 

flushometer valve used during the water 

consumption test. 78 FR 20839. Under 

this proposal, the flushometer valve 

listed on the certification report must 

represent the flush volume of the water 

closet and urinal if used with any other 

valve with the same flush volume rating 

or less, and must represent the 

maximum design flush volume of the 

water closet or urinal. 

PMI and IAPMO commented that 

there was no objection to the reporting 

of the flushometer valve used during 

testing provided there was no 

implication that only the test valve 

listed could be used with each tested 

water closet bowl or urinal body. (PMI, 


tkelley on DSK3SPTVN1PROD with RULES
62982 Federal Register / Vol. 78, No. 205 / Wednesday, October 23, 2013 / Rules and Regulations 

No. 23 at p. 6; IAPMO, No. 25 at p. 2) 

No comments were received opposing 

the proposal to require reporting of the 

flushometer valve used during testing in 

certification reports. 

Based on the comments received, 

DOE intends to adopt a requirement for 

the flushometer valve used during the 

water consumption testing of water 

closets and urinals to be included on the 

certification report. However, because 

the addition of new items to the existing 

reporting requirements requires separate 

review that is not being conducted as 

part of this rulemaking, DOE is not 

adopting this requirement in this final 

rule and will revisit this proposal as 

part of a future rulemaking. 

H. Changes in Measured Water Use 

In any rulemaking to amend a test 

procedure, DOE must determine to what 

extent, if any, the proposed test 

procedure would alter the measured 

energy efficiency or energy use, or, in 

the case of this rulemaking, water use, 

of any covered product as determined 

under the existing test procedure. (42 

U.S.C. 6293(e)(1)) If DOE determines 

that the amended test procedure would 

alter the measured water use of a 

covered product, DOE must amend the 

applicable water conservation standard 

accordingly. (42 U.S.C. 6293(e)(2)) 

In this final rule, DOE incorporates by 

reference updated versions of ASME 

A112.18.1–2012, test procedure for 

faucets and showerheads; ASME 

A112.19.2–2008, test procedure for 

water closets and urinals; and ASTM 

F2324–09, test procedure for prerinse 

spray valves. The updated industry 

standards incorporate minor 

adjustments in test methodology, such 

as changes in temperatures and 

inclusion of instrument tolerances that 

were not previously specified and, DOE 

has determined, do not alter the 

measured water consumption. 

In addition, the final rule adds 

rounding instructions for certification 

reporting requirements for measures of 

water use for these products. Similarly, 

the addition of the rounding 

instructions for certification reporting 

does not affect the measured water 

consumption. 

Therefore, based on a consideration of 

the above, DOE determines that the 

amended test procedure would not alter 

the measured water use of a covered 

product and that revisions to the water 

conservation standards due to the 

amended test procedure are not 

warranted under 42 U.S.C. 6293(e)(2). 

IV. Procedural Issues and Regulatory 

Review 

A. Review Under Executive Order 12866 

The Office of Management and Budget 

has determined that test procedure 

rulemakings do not constitute 

‘‘significant regulatory actions’’ under 

section 3(f) of Executive Order 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 the Office of Management and 

Budget (OMB). 

B. Review Under the Regulatory 

Flexibility Act 

The Regulatory Flexibility Act (5 

U.S.C. 601 et seq.) requires preparation 

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 at 7990. DOE 

has made its procedures and policies 

available on the Office of the General 

Counsel’s Web site: http://

www.gc.doe.gov/gc/office-generalcounsel. 

DOE reviewed the amendments to the 

test procedures for plumbing equipment 

including showerheads, faucets, water 

closets, urinals and commercial prerinse 

spray valves under the provisions of the 

Regulatory Flexibility Act and the 

procedures and policies published on 

February 19, 2003. DOE certifies that the 

amendments would not result in 

significant economic impacts on small 

entities. The factual basis for this 

certification is set forth in this 

rulemaking. 

For the plumbing equipment 

manufacturing industry, the Small 

Business Administration (SBA) has set a 

size threshold, which defines those 

entities classified as ‘‘small businesses’’ 

for the purpose of the statute. DOE used 

the SBA’s size standards to determine 

whether any small entities would be 

required to comply with the rule. The 

size standards are codified at 13 CFR 

part 121. The standards are listed by 

North American Industry Classification 

System (NAICS) code and industry 

description and are available at 

www.sba.gov/idc/groups/public/

documents/sba_homepage/serv_sstd_

tablepdf.pdf. Plumbing equipment 

manufacturers are classified under 

NAICS 332913, ‘‘Plumbing Fixture 

Fitting and Trim Manufacturing,’’ and 

NAICS 327111, ‘‘Vitreous China 

Plumbing Fixture and China and 

Earthenware Bathroom Accessories 

Manufacturing.’’ The SBA sets a 

threshold of 500 employees or less for 

NAICS 332913, and 750 employees or 

less for NAICS 327111, for an entity to 

be considered a small business within 

these categories. 

DOE conducted a focused inquiry into 

small business manufacturers of 

products covered by this rulemaking. 

During its market survey, DOE used all 

available public information to identify 

potential small manufacturers. DOE’s 

research involved the review of industry 

trade association membership 

directories (including the American 

Society of Plumbing Engineers), product 

databases (e.g., Federal Trade 

Commission (FTC), the Thomas 

Register®, California Energy 

Commission (CEC), and ENERGY STAR 

databases), individual company Web 

sites, and marketing research tools (e.g., 

Dun and Bradstreet reports, and Manta) 

to create a list of companies that 

manufacture or sell plumbing products 

covered by this rulemaking. Using these 

sources, DOE identified 83 

manufacturers of showerheads, faucets, 

water closets, urinals, and commercial 

prerinse spray valves. 

DOE then reviewed this data to 

determine whether the entities met the 

SBA’s definition of a small business 

manufacturer of covered plumbing 

products and screened out companies 

that do not offer products covered by 

this rulemaking, do not meet the 

definition of a ‘‘small business,’’ or are 

foreign owned and operated. Based on 

this review, DOE has identified 48 

manufacturers that would be considered 

small businesses that would be affected 

by this rulemaking. Through this 

analysis, DOE determined the expected 

impacts of the rule on affected small 

businesses and whether an IRFA was 

needed (i.e., whether DOE could certify 

that this rulemaking would not have a 

significant economic impact on a 

substantial number of small entities). 

Table IV.1 stratifies the small 

businesses according to their number of 

employees. The smallest company has 4 

employees and the largest company 375 

employees. The majority of the small 

businesses affected by this rulemaking 

(88 percent) have fewer than 100 

employees. Annual revenues associated 

with these small manufacturers were 

estimated at $492.5 million ($10.3 


tkelley on DSK3SPTVN1PROD with RULES
Federal Register / Vol. 78, No. 205 / Wednesday, October 23, 2013 / Rules and Regulations 62983 

million average annual sales per small 

manufacturer). According to DOE’s 

analysis, small entities constitute 58 

percent of the entire plumbing 

equipment manufacturing industry 

covered by the rule. 

TABLE IV.1—SMALL BUSINESS SIZE BY NUMBER OF EMPLOYEES

Number of employees Number of small 

businesses 

Percentage of small 

businesses Cumulative percentage 

1–10 ............................................................................................. 8 16.7 16.7 

11–20 ........................................................................................... 10 20.8 37.5 

21–30 ........................................................................................... 3 6.3 43.8 

31–40 ........................................................................................... 11 22.9 66.7 

41–50 ........................................................................................... 3 6.3 72.9 

51–60 ........................................................................................... 1 2.1 75.0 

61–70 ........................................................................................... 0 0.0 75.0 

71–80 ........................................................................................... 5 10.4 85.4 

81–90 ........................................................................................... 0 0.0 85.4 

91–100 ......................................................................................... 1 2.1 87.5 

101–110 ....................................................................................... 0 0.0 87.5 

111–120 ....................................................................................... 0 0.0 87.5 

121–130 ....................................................................................... 0 0.0 87.5 

131–140 ....................................................................................... 0 0.0 87.5 

141–150 ....................................................................................... 0 0.0 87.5 

151–200 ....................................................................................... 2 4.2 91.7 

201–300 ....................................................................................... 2 4.2 95.8 

301–400 ....................................................................................... 2 4.2 100.0 

401–500 ....................................................................................... 0 0.0 100.0 

Total ...................................................................................... 48 ........................................ ........................................

As noted in the Background and 

Summary sections (I and II) of this rule, 

EPCA requires that DOE review its test 

procedures for covered products at least 

once every 7 years and to amend them 

if the Secretary determines that to do so 

would provide test procedures that 

would more accurately or completely 

measure water use and that are not 

unduly burdensome to conduct. (42 

U.S.C. 6293(b)(1)) To comply with 

EPCA, this rule incorporates 

amendments to ASME test procedures, 

which have been updated for faucets, 

showerheads, water closets and urinals. 

Additionally, EPCA prescribes use of 

the ASTM standard F2324 for 

commercial prerinse spray valves, 

which is a product that is also covered 

in this rulemaking. 

Showerheads and Faucets 

DOE is updating its test procedures 

for showerheads and faucets by 

incorporating by reference AMSE 

standard A112.18.1–2012. These 

incorporated changes involve minor 

adjustments in test methodology, such 

as changes in temperatures and 

inclusion of instrument tolerances that 

were not previously specified, none of 

which would require any additional 

equipment and are not expected to 

lengthen the time required to complete 

the test. Because there are no major 

changes in testing the test procedures, 

calculation methodology or certification 

requirements associated with these 

amendments, DOE has determined there 

is no incremental cost burden to small 

entities associated with this change. 

Water Closets and Urinals 

DOE is updating its water closet and 

urinal test procedures from those set 

forth in ASME/ANSI standard 

A112.19.6–1995 to ASME standard 

A112.19.6–2008. The changes involve 

minor adjustments in test setup, the 

specification of certain instrumentation 

tolerances, and minor adjustment to test 

pressures, none of which would require 

additional equipment or lengthen the 

time required to complete the test. 

Because there are no major changes in 

the test procedures or requirements for 

these products, DOE incorporates this 

change by reference. The changes 

adopted in this rule will not alter 

current testing procedures, calculation 

methodologies, or enforcement. 

Therefore, DOE has concluded there is 

no incremental cost burden to small 

manufacturers associated with the nonsubstantive changes in this rule. 

Commercial Prerinse Spray Valves 

DOE currently requires that 

commercial prerinse spray valves be 

tested according to the ASTM ‘‘Standard 

Test Method for Prerinse Spray Valves’’ 

(ASTM F2324–03). This rule does not 

make any alterations to this test, as it 

has not been updated since the 2003 

version that DOE incorporated in the 

CFR. 70 FR 60407 (Oct. 18, 2005). Thus, 

DOE determines there is no incremental 

cost burden to manufacturers of 

commercial prerinse spray valves 

associated with this rule. 

As indicated in the discussion 

associated with small business listed in 

Table IV.1, DOE has analyzed the 

manufacturing industry for 

showerheads, faucets, water closets, 

urinals, and commercial prerinse spray 

valves and has determined that 58 

percent of all plumbing equipment 

manufacturers could be classified as 

small entities according to the SBA 

classification. Although 58 percent of 

the market is a significant portion of the 

overall industry, these manufacturers 

would not be significantly affected by 

this rule because there are no 

incremental costs to any entity due to its 

implementation. In the absence of 

potential cost impacts, the rule by 

definition would not have 

disproportionate effects on small 

businesses. 

Based on the criteria outlined above, 

DOE has determined that the proposed 

testing procedure amendments would 

not have a ‘‘significant economic impact 

on a substantial number of small 

entities,’’ and 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 showerheads, 

faucets, water closets, urinals, and 


tkelley on DSK3SPTVN1PROD with RULES
62984 Federal Register / Vol. 78, No. 205 / Wednesday, October 23, 2013 / Rules and Regulations 

commercial prerinse spray valves must 

certify to DOE that their products 

comply with any applicable water 

conservation standards. In certifying 

compliance, products must be tested 

according to the DOE test procedures for 

showerheads, faucets, water closets, 

urinals, and commercial prerinse spray 

valves, 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 showerheads, faucets, water 

closets, urinals, and commercial 

prerinse spray valves. 76 FR 12422 

(March 7, 2011). The collection-ofinformation requirement for the 

certification and recordkeeping is 

subject to review and approval by OMB 

under the Paperwork Reduction Act 

(PRA). Public reporting burden for the 

certification is estimated to average 20 

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. 

This requirement has been approved by 

OMB under OMB control number 1910– 

1400. 

D. Review Under the National 

Environmental Policy Act of 1969 

In this final rule, DOE amends its test 

procedure for showerheads, faucets, 

water closets and urinals to improve the 

ability of DOE’s procedures to more 

accurately account for the water 

consumption of these products. 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, this rule amends an 

existing rule without affecting the 

amount, quality, or distribution of water 

usage, and, therefore, will not result in 

any environmental impacts. Thus, this 

rulemaking is covered by Categorical 

Exclusion A5 under 10 CFR part 1021, 

subpart D, which applies to any 

rulemaking that interprets or amends an 

existing rule without changing the 

environmental effect of that rule. 

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 (August 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 at 13735. DOE 

examined this final rule and determined 

that it will 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 final rule. 

States can petition DOE for exemption 

from such preemption to the extent and 

according to 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, this final 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. Pub. L. 104–4, 201 

(codified at 2 U.S.C. 1531). For a 

regulatory action resulting 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 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 http://

www.gc.doe.gov/gc/office-generalcounsel. DOE examined this final 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 


tkelley on DSK3SPTVN1PROD with RULES
Federal Register / Vol. 78, No. 205 / Wednesday, October 23, 2013 / Rules and Regulations 62985 

Federal agencies to issue a Family 

Policymaking Assessment for any rule 

that may affect family well-being. This 

final rule will 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 regulation 

will 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). DOE has reviewed 

this final 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 

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) Is a significant 

regulatory action under Executive Order 

12866, or any successor order; and (2) 

is likely to have a significant adverse 

effect on the supply, distribution, or use 

of energy; or (3) is designated by the 

Administrator of OIRA as a significant 

energy action. For any significant energy 

action, the agency must give a detailed 

statement of any adverse effects on 

energy supply, distribution, or use if the 

regulation is implemented, and of 

reasonable alternatives to the action and 

their expected benefits on energy 

supply, distribution, and use. 

This regulatory action 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 (FEAA), 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 modifications to the test 

procedures addressed by this action 

incorporate testing methods contained 

in section 5.4 of commercial standard 

ASME A112.18.1–2012 and sections 7.1, 

7.1.1, 7.1.2, 7.1.3, 7.1.4, 7.4, 8.2, 8.2.1, 

8.2.2, 8.2.3, 8.6, Table 5, and Table 6 of 

commercial standard ASME A112.19.2– 

2008. DOE has evaluated these two 

versions of these standards and is 

unable to conclude whether they fully 

comply with the requirements of section 

32(b) of the FEAA (i.e., whether they 

were developed in a manner that fully 

provides for public participation, 

comment, and review.) DOE has 

consulted with both the Attorney 

General and the Chairman of the FTC 

about the impact on competition of 

using the methods contained in these 

standards and has received no 

comments objecting to their use. 

M. Congressional Notification 

As required by 5 U.S.C. 801, DOE will 

report to Congress on the promulgation 

of this rule before its effective date. The 

report will state that it has been 

determined that the rule is not a ‘‘major 

rule’’ as defined by 5 U.S.C. 804(2). 

V. Approval of the Office of the 

Secretary 

The Secretary of Energy has approved 

publication of this final rule. 

List of Subjects 

10 CFR Part 429 

Administrative practice and 

procedure, Confidential business 

information, Energy conservation, 

Imports, Intergovernmental relations, 

Small businesses. 

10 CFR Part 430 

Administrative practice and 

procedure, Confidential business 

information, Energy conservation, 

Imports, Incorporation by reference, 

Intergovernmental relations, Small 

businesses. 

10 CFR Part 431 

Administrative practice and 

procedure, Confidential business 

information, Energy conservation, 

Imports, Incorporation by reference, 

Intergovernmental relations, Small 

businesses. 

Issued in Washington, DC, on September 

30, 2013. 

Kathleen B. Hogan, 

Deputy Assistant Secretary for Energy 

Efficiency, Energy Efficiency and Renewable 

Energy. 

For the reasons stated in the 

preamble, DOE amends parts 429, 430, 

and 431 of chapter II of title 10, Code 

of Federal Regulations as set forth 

below: 

PART 429—CERTIFICATION, 

COMPLIANCE, AND ENFORCEMENT 

FOR CONSUMER PRODUCTS AND 

COMMERCIAL AND INDUSTRIAL 

EQUIPMENT 

■ 1. The authority citation for part 429 

continues to read as follows: 

Authority: 42 U.S.C. 6291–6317. 

■ 2. Section 429.28 is amended by 

revising paragraph (b)(2) to read as 

follows: 

§ 429.28 Faucets. 

* * * * * 

(b) * * * 

(2) Pursuant to § 429.12(b)(13), a 

certification report shall include the 

following public product-specific 

information: For non-metering faucets, 

the maximum water use in gallons per 

minute (gpm) rounded to the nearest 0.1 

gallon; for metering faucets, the 

maximum water use in gallons per cycle 

(gal/cycle) rounded to the nearest 0.01 

gallon; and for all faucet types, the flow 

water pressure in pounds per square 

inch (psi). 

■ 3. Section 429.29 is amended by 

revising paragraph (b)(2) and removing 

paragraph (b)(3). 

The revision reads as follows: 


tkelley on DSK3SPTVN1PROD with RULES
62986 Federal Register / Vol. 78, No. 205 / Wednesday, October 23, 2013 / Rules and Regulations 

§ 429.29 Showerheads. 

* * * * * 

(b) * * * 

(2) Pursuant to § 429.12(b)(13), a 

certification report shall include the 

following public product-specific 

information: The maximum water use in 

gallons per minute (gpm) rounded to the 

nearest 0.1 gallon, the maximum flow 

water pressure in pounds per square 

inch (psi), and a declaration that the 

showerhead meets the requirements of 

§ 430.32(p) pertaining to mechanical 

retention of the flow-restricting insert, if 

applicable. 

■ 4. Section 429.30 is amended by 

revising paragraph (b)(2) to read as 

follows: 

§ 429.30 Water closets. 

* * * * * 

(b) * * * 

(2) Pursuant to § 429.12(b)(13), a 

certification report shall include the 

following public product-specific 

information: The maximum water use in 

gallons per flush (gpf), rounded to the 

nearest 0.01 gallon. For dual-flush water 

closets, the maximum water use to be 

reported is the flush volume observed 

when tested in the full-flush mode. 

■ 5. Section 429.31 is amended by 

revising paragraph (b)(2) to read as 

follows: 

§ 429.31 Urinals. 

* * * * * 

(b) * * * 

(2) Pursuant to § 429.12(b)(13), a 

certification report shall include the 

following public product-specific 

information: The maximum water use in 

gallons per flush (gpf), rounded to the 

nearest 0.01 gallon, and for trough-type 

urinals, the maximum flow rate in 

gallons per minute (gpm), rounded to 

the nearest 0.01 gallon, and the length 

of the trough in inches (in). 

■ 6. Section 429.51 is amended by 

revising paragraph (b)(2) to read as 

follows: 

§ 429.51 Commercial prerinse spray 

valves. 

* * * * * 

(b) * * * 

(2) Pursuant to § 429.12(b)(13), a 

certification report shall include the 

following public product-specific 

information: The maximum flow rate in 

gallons per minute (gpm), rounded to 

the nearest 0.1 gallon. 

PART 430—ENERGY CONSERVATION 

PROGRAM FOR CONSUMER 

PRODUCTS 

■ 7. The authority citation for part 430 

continues to read as follows: 

Authority: 42 U.S.C. 6291–6309; 28 U.S.C. 

2461 note. 

■ 8. Section 430.2 is amended by 

removing the definition for ‘‘Blowout’’; 

adding, in alphabetical order, 

definitions for ‘‘Blowout toilet,’’ ‘‘Dualflush water closet,’’ ‘‘Fitting,’’ and 

‘‘Hand-held showerhead;’’ and by 

revising the definitions of ‘‘Low 

consumption’’ and ‘‘Showerhead’’ to 

read as follows: 

§ 430.2 Definitions. 

* * * * * 

Blowout toilet means a water closet 

that uses a non-siphonic bowl with an 

integral flushing rim, a trap at the rear 

of the bowl, and a visible or concealed 

jet that operates with a blowout action. 

* * * * * 

Dual-flush water closet means a water 

closet incorporating a feature that 

allows the user to flush the water closet 

with either a reduced or a full volume 

of water. 

* * * * * 

Fitting means a device that controls 

and guides the flow of water. 

* * * * * 

Hand-held showerhead means 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. 

* * * * * 

Low consumption has the meaning 

given such a term in ASME A112.19.2– 

2008. (see § 430.3) 

* * * * * 

Showerhead means 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. 

* * * * * 

■ 9. Section 430.3 is amended by 

revising paragraphs (g)(1) and (2) to read 

as follows: 

§ 430.3 Materials incorporated by 

reference. 

* * * * * 

(g) * * * 

(1) ASME A112.18.1–2012, (‘‘ASME 

A112.18.1–2012’’), ‘‘Plumbing supply 

fittings,’’ section 5.4, approved 

December, 2012, IBR approved for 

appendix S to subpart B. 

(2) ASME A112.19.2–2008, (‘‘ASME 

A112.19.2–2008’’), ‘‘Ceramic plumbing 

fixtures,’’ sections 7.1, 7.1.1, 7.1.2, 7.1.3, 

7.1.4, 7.1.5, 7.4, 8.2, 8.2.1, 8.2.2, 8.2.3, 

8.6, Table 5, and Table 6 approved 

August 2008, including Update No. 1, 

dated August 2009, and Update No. 2, 

dated March 2011, IBR approved for 

§ 430.2 and appendix T to subpart B. 

* * * * * 

■ 10. Appendix S to subpart B of part 

430 is amended by adding a note after 

the appendix heading and revising 

section 2, ‘‘Flow Capacity 

Requirements,’’ to read as follows: 

Appendix S to Subpart B of Part 430— 

Uniform Test Method for Measuring the 

Water Consumption of Faucets and 

Showerheads 

Note: After April 21, 2014, any 

representations made with respect to the 

water consumption of showerheads or 

faucets must be made in accordance with the 

results of testing pursuant to this appendix. 

Manufacturers conducting tests of 

showerheads or faucets November 22, 2013 

and prior to April 21, 2014, must conduct 

such test in accordance with either this 

appendix or appendix S as it appeared at 10 

CFR part 430, subpart B, appendix S, in the 

10 CFR parts 200 to 499 edition revised as 

of January 1, 2013. Any representations made 

with respect to the water consumption of 

such showerheads or faucets must be in 

accordance with whichever version is 

selected. Given that after April 21, 2014 

representations with respect to the water 

consumption of showerheads and faucets 

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. 

* * * * * 

2. Flow Capacity Requirements 

a. Faucets—The test procedures to measure 

the water flow rate for faucets, expressed in 

gallons per minute (gpm) and liters per 

minute (L/min), or gallons per cycle (gal/

cycle) and liters per cycle (L/cycle), shall be 

conducted in accordance with the test 

requirements specified in section 5.4, Flow 

Rate, of ASME A112.18.1–2012 (incorporated 

by reference, see § 430.3). Measurements 

shall be recorded at the resolution of the test 

instrumentation. Calculations shall be 

rounded off to the same number of significant 

digits as the previous step. The final water 

consumption value shall be rounded to one 

decimal place for non-metered faucets, or 

two decimal places for metered faucets. 

b. Showerheads—The test procedures to 

measure the water flow rate for showerheads, 

expressed in gallons per minute (gpm) and 

liters per minute (L/min), shall be conducted 

in accordance with the test requirements 

specified in section 5.4, Flow Rate, of the 

ASME A112.18.1–2012 (incorporated by 

reference, see § 430.3). Measurements shall 

be recorded at the resolution of the test 

instrumentation. Calculations shall be 

rounded off to the same number of significant 

digits as the previous step. The final water 

consumption value shall be rounded to one 

decimal place. If the time/volume method of 

section 5.4.2.2(d) is used, the container must 

be positioned as to collect all water flowing 

from the showerhead, including any leakage 

from the ball joint. 


tkelley on DSK3SPTVN1PROD with RULES
Federal Register / Vol. 78, No. 205 / Wednesday, October 23, 2013 / Rules and Regulations 62987 

■ 11. Appendix T to subpart B of part 

430 is amended by adding a note after 

the appendix heading; and revising 

section 2, ‘‘Test Apparatus and General 

Instructions,’’ and section 3, ‘‘Test 

Measurement,’’ to read as follows: 

Appendix T to Subpart B of Part 430— 

Uniform Test Method for Measuring the 

Water Consumption of Water Closets 

and Urinals 

Note: After April 21, 2014, any 

representations made with respect to the 

water consumption of water closets or urinals 

must be made in accordance with the results 

of testing pursuant to this appendix. 

Manufacturers conducting tests of water 

closets or urinals after November 22, 2013 

and prior to April 21, 2014, must conduct 

such test in accordance with either this 

appendix or appendix T as it appeared at 10 

CFR part 430, subpart B, appendix S, in the 

10 CFR parts 200 to 499 edition revised as 

of January 1, 2013. Any representations made 

with respect to the water consumption of 

such water closets or urinals must be in 

accordance with whichever version is 

selected. Given that after April 21, 2014 

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. 

* * * * * 

2. Test Apparatus and General Instructions 

a. The test apparatus and instructions for 

testing water closets shall conform to the 

requirements specified in section 7.1, 

General, subsections 7.1.1, 7.1.2, 7.1.3, 7.1.4, 

and 7.1.5 of ASME A112.19.2–2008 

(incorporated by reference, see § 430.3). The 

flushometer valve used in the water 

consumption test shall represent the 

maximum design flush volume of the water 

closet. Measurements shall be recorded at the 

resolution of the test instrumentation. 

Calculations of water consumption for each 

tested unit shall be rounded off to the same 

number of significant digits as the previous 

step. 

b. The test apparatus and instructions for 

testing urinals shall conform to the 

requirements specified in section 8.2, Test 

Apparatus and General Instructions, 

subsections 8.2.1, 8.2.2, and 8.2.3 of ASME 

A112.19.2–2008 (incorporated by reference, 

see § 430.3). The flushometer valve used in 

the water consumption test shall represent 

the maximum design flush volume of the 

urinal. Measurements shall be recorded at the 

resolution of the test instrumentation. 

Calculations of water consumption for each 

tested unit shall be rounded off to the same 

number of significant digits as the previous 

step. 

3. Test Measurement 

a. Water closets: 

(i) The measurement of the water flush 

volume for water closets, expressed in 

gallons per flush (gpf) and liters per flush 

(Lpf), shall be conducted in accordance with 

the test requirements specified in section 7.4, 

Water Consumption Test, of ASME 

A112.19.2–2008 (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 7.4, 

Water Consumption Test, of ASME 

A112.19.2–2008. 

(ii) Static pressure requirements: The water 

consumption tests of siphonic and blowout 

water closets shall be conducted at two static 

pressures. For flushometer valve water 

closets with a siphonic bowl, the test 

pressures shall be 80 psi and 35 psi. For 

flushometer valve water closets with a 

blowout bowl, the test pressures shall be 80 

psi and 45 psi. The test shall be run three 

times at each pressure as specified in section 

7.4.3 ‘‘Procedure,’’ of ASME A112.19.2–2008 

(incorporated by reference, see § 430.3). The 

final measured flush volume for each tested 

unit shall be the average of the total flush 

volumes recorded at each test pressure as 

specified in section 7.4.5 ‘‘Performance,’’ of 

ASME A112.19.2–2008. 

(iii) Flush volume and tank trim 

component adjustments: For gravity flush 

tank water closets, 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, 

shall be set in accordance with the printed 

installation instructions supplied by the 

manufacturer. If the installation instructions 

for the model to be tested do not specify trim 

setting adjustments, these trim components 

shall be adjusted to the maximum water use 

setting so that the maximum flush volume is 

produced without causing the water closet to 

malfunction or leak. The water level in the 

tank shall be set to the maximum water line 

designated in the printed 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, the water 

level shall be adjusted 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 A112.19.2–2008 (incorporated by 

reference, see § 430.3). 

b. Urinals—The measurement of water 

flush volume for urinals, expressed in gallons 

per flush (gpf) and liters per flush (Lpf), shall 

be conducted in accordance with the test 

requirements specified in section 8.6, Water 

Consumption Test, of ASME A112.19.2–2008 

(incorporated by reference, see § 430.3). The 

final measured flush volume for each tested 

unit shall be the average of the total flush 

volumes recorded at each test pressure as 

specified in section 8.6.4 ‘‘Performance,’’ of 

ASME A112.19.2–2008. 

■ 12. Section 430.32 is amended by 

revising paragraph (p) to read as 

follows: 

§ 430.32 Energy and water conservation 

standards and their effective dates. 

* * * * * 

(p) Showerheads. The maximum 

water use allowed for any showerheads 

manufactured after January 1, 1994, 

shall be 2.5 gallons per minute (9.5 

liters per minute) when measured at a 

flowing pressure of 80 pounds per 

square inch gage (552 kilopascals). 

When used as a component of any such 

showerhead, the flow-restricting insert 

shall be mechanically retained at the 

point of manufacture such that a force 

of 8.0 pounds force (36 Newtons) or 

more is required to remove the flowrestricting insert, except that this 

requirement shall not apply to 

showerheads for which removal of the 

flow-restricting insert would cause 

water to leak significantly from areas 

other than the spray face. 

* * * * * 

PART 431—ENERGY EFFICIENCY 

PROGRAM FOR CERTAIN 

COMMERCIAL AND INDUSTRIAL 

EQUIPMENT 

■ 13. The authority citation for part 431 

continues to read as follows: 

Authority: 42 U.S.C. 6311–6317. 

■ 14. Section 431.263 is revised to read 

as follows: 

§ 431.263 Materials incorporated by 

reference. 

(a) DOE incorporates by reference the 

following standard into part 431. The 

material listed has been approved for 

incorporation by reference by the 

Director of the Federal Register in 

accordance with 5 U.S.C. 552(a) and 1 

CFR part 51. Any subsequent 

amendment to a standard by the 

standard-setting organization will not 

affect the DOE regulations unless and 

until amended by DOE. Material is 

incorporated as it exists on the date of 

the approval and a notice of any change 

in the material will be published in the 

Federal Register. All approved material 

is available for inspection at the 

National Archives and Records 

Administration (NARA). For 

information on the availability of this 

material at NARA, call (202) 741–6030, 

or go to: http://www.archives.gov/

federal_register/code_of_federal_

regulations/ibr_locations.html. Also, 

this material is available for inspection 

at 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) 586–2945, 

or go to: http://www1.eere.energy.gov/

buildings/appliance_standards. This 

standard can be obtained from the 

source below. 


tkelley on DSK3SPTVN1PROD with RULES
62988 Federal Register / Vol. 78, No. 205 / Wednesday, October 23, 2013 / Rules and Regulations 

1For editorial reasons, upon codification in the 

U.S. Code, Part B was redesignated Part A. 

2For editorial reasons, upon codification in the 

U.S. Code, Part C was redesignated Part A–1. 

3All references to EPCA in this document refer 

to the statute as amended through the enactment of 

the AEMTCA. 

(b) ASTM. American Society for 

Testing and Materials International, 100 

Barr Harbor Drive, P.O. Box C700, West 

Conshohocken, PA 19428–2959, (610) 

832–9585, or got to http://

www.astm.org. 

(1) ASTM Standard F2324–03 

(Reapproved 2009), (‘‘ASTM F2324–03 

(2009)’’), Standard Test Method for 

Prerinse Spray Valves, approved May 1, 

2009; IBR approved for § 431.264. 

(2) [Reserved]. 

■ 15. Section 431.264(b) is revised to 

read as follows: 

§ 431.264 Uniform test method for the 

measurement of flow rate for commercial 

prerinse spray valves. 

* * * * * 

(b) Testing and Calculations. The test 

procedure to determine the water 

consumption flow rate for prerinse 

spray valves, expressed in gallons per 

minute (gpm) or liters per minute (L/

min), shall be conducted in accordance 

with the test requirements specified in 

sections 4.1 and 4.2 (Summary of Test 

Method), 5.1 (Significance and Use), 6.1 

through 6.9 (Apparatus) except 6.5, 9.1 

through 9.5 (Preparation of Apparatus), 

and 10.1 through 10.2.5. (Procedure), 

and calculations in accordance with 

sections 11.1 through 11.3.2 

(Calculation and Report) of ASTM 

F2324–03 (2009), (incorporated by 

reference, see § 431.263). Perform only 

the procedures pertinent to the 

measurement of flow rate. Record 

measurements at the resolution of the 

test instrumentation. Round off 

calculations to the same number of 

significant digits as the previous step. 

Round the final water consumption 

value to one decimal place as follows: 

(1) A fractional number at or above 

the midpoint between two consecutive 

decimal places shall be rounded up to 

the higher of the two decimal places; or 

(2) A fractional number below the 

midpoint between two consecutive 

decimal places shall be rounded down 

to the lower of the two decimal places. 

[FR Doc. 2013–24347 Filed 10–22–13; 8:45 am] 

BILLING CODE 6450–01–P 

DEPARTMENT OF ENERGY 

10 CFR Parts 430 and 431 

[Docket No: EERE–2013–BT–NOA–0047] 

RIN 1904–AD08 

Energy Conservation Program: Energy 

Conservation Standards for Certain 

Consumer Products and Commercial 

and Industrial Equipment 

AGENCY: Office of Energy Efficiency and 

Renewable Energy, Department of 

Energy. 

ACTION: Final rule; technical 

amendment. 

SUMMARY: The recently enacted 

American Energy Manufacturing 

Technical Corrections Act amended the 

Energy Policy and Conservation Act as 

to certain consumer products and 

commercial and industrial equipment. 

The amendments include new and 

revised energy conservation standards 

and definitions, as well as technical 

corrections, which the Department of 

Energy (DOE) is incorporating into its 

regulations in this technical 

amendment. DOE is also making 

additional limited changes to the 

language of its regulations, as 

necessitated by the statutory 

amendments. 

DATES: Effective October 23, 2013. The 

incorporation by reference of certain 

publications listed in this rule is 

approved by the Director of the Federal 

Register as of October 23, 2013. 

FOR FURTHER INFORMATION CONTACT: 

Lucas Adin, 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) 287–1317. Email: 

Lucas.Adin@ee.doe.gov. 

James Silvestro, U.S. Department of 

Energy, Office of the General Counsel, 

GC–71, 1000 Independence Avenue 

SW., Washington, DC, 20585–0121. 

Telephone: (202) 586–4224. Email: 

James.Silvestro@hq.doe.gov. 

SUPPLEMENTARY INFORMATION: 

Table of Contents 

I. Background 

II. Summary of This Action 

A. Walk-in Coolers and Walk-in Freezers 

B. Service Over the Counter Commercial 

Refrigeration Equipment 

C. Niche Residential Central Air 

Conditioners 

D. Lighting Products 

E. Preemption of State and Local Standards 

III. Final Action 

IV. Procedural Issues and Regulatory Review 

A. Review Under Executive Orders 12866 

and 13563 

B. Review Under the Regulatory Flexibility 

Act 

C. Review Under the Paperwork Reduction 

Act 

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 the Treasury and General 

Government Appropriations Act, 2001 

K. Review Under Executive Order 13211 

L. Congressional Notification 

V. Approval of the Office of the Secretary 

I. Background 

The American Energy Manufacturing 

Technical Corrections Act (AEMTCA; 

H.R. 6582), Public Law 112–210, was 

signed into law on December 18, 2012. 

Among its provisions are amendments 

to Part B1 of Title III of the Energy 

Policy and Conservation Act of 1975 

(EPCA or ‘‘the Act’’) (42 U.S.C. 6291– 

6309, as codified), which provides for 

an energy conservation program for 

consumer products other than 

automobiles, and to Part C 2 of Title III 

of EPCA (42 U.S.C. 6311–6317, as 

codified), which provides for an energy 

conservation program for certain 

commercial and industrial equipment, 

similar to the one in Part B for consumer 

products.3 Some of the AEMTCA 

amendments to EPCA establish or 

modify certain energy conservation 

standards and related definitions, and 

make technical changes to the Act. 

Other AEMTCA amendments to EPCA 

prescribe criteria for the conduct of 

rulemakings to promulgate energy 

conservation standards for various 

consumer products and commercial and 

industrial equipment, or direct the 

Department of Energy (DOE) to 

undertake rulemakings under EPCA. 

By this action, DOE is including in 

the Code of Federal Regulations (CFR) 

the new and modified standards and 

definitions, and certain of the technical 

changes, prescribed by the AEMTCA. 

DOE is also making additional changes 

to the language of its regulations that are 

necessitated by certain statutory 

language contained in AEMTCA’s new 

and revised standards and definitions. 

This is a purely technical amendment, 

and at this time DOE is not exercising 


tkelley on DSK3SPTVN1PROD with RULES