Federal Register / Vol. 78, No. 205 / Wednesday, October 23, 2013 / Rules and Regulations 62967 

DEPARTMENT OF AGRICULTURE 

Agricultural Marketing Service 

7 CFR Part 946 

[Doc. No. AMS–FV–13–0067; FV13–946–2 

IR] 

Irish Potatoes Grown in Washington; 

Temporary Change to the Handling 

Regulations and Reporting 

Requirements for Yellow Fleshed and 

White Types of Potatoes 

AGENCY: Agricultural Marketing Service, 

USDA. 

ACTION: Interim rule with request for 

comments. 

SUMMARY: This rule temporarily exempts 

yellow fleshed and white skin (white 

types) potatoes from minimum quality, 

maturity, pack, marking, and inspection 

requirements under the Washington 

potato marketing order through June 30, 

2014. The marketing order regulates the 

handling of Irish potatoes grown in 

Washington and is administered locally 

by the State of Washington Potato 

Committee (Committee). During the 

temporary exemption period, reports 

will be required from handlers of yellow 

fleshed and white types of potatoes to 

obtain information necessary to 

administer the marketing order. This 

rule is expected to reduce overall 

industry expenses and increase net 

returns to producers and handlers while 

giving the industry the opportunity to 

explore alternative marketing strategies. 

DATES: Effective October 24, 2013; 

comments received by December 23, 

2013 will be considered prior to 

issuance of a final rule. 

ADDRESSES: Interested persons are 

invited to submit written comments 

concerning this rule. Comments must be 

sent to the Docket Clerk, Marketing 

Order and Agreement Division, Fruit 

and Vegetable Program, AMS, USDA, 

1400 Independence Avenue SW., STOP 

0237, Washington, DC 20250–0237; Fax: 

(202) 720–8938; or internet: http://

www.regulations.gov. All comments 

should reference the document number 

and the date and page number of this 

issue of the Federal Register and will be 

made available for public inspection in 

the Office of the Docket Clerk during 

regular business hours, or can be viewed 

at: http://www.regulations.gov. All 

comments submitted in response to this 

rule will be included in the record and 

will be made available to the public. 

Please be advised that the identity of the 

individuals or entities submitting 

comments will be made public on the 

internet at the address provided above. 

FOR FURTHER INFORMATION CONTACT: 

Teresa Hutchinson, Marketing 

Specialist, or Gary Olson, Regional 

Director, Northwest Marketing Field 

Office, Marketing Order and Agreement 

Division, Fruit and Vegetable Program, 

AMS, USDA; Telephone: (503) 326– 

2724, Fax: (503) 326–7440, or Email: 

Teresa.Hutchinson@ams.usda.gov or 

GaryD.Olson@ams.usda.gov. 

Small businesses may request 

information on complying with this 

regulation by contacting Jeffrey Smutny, 

Marketing Order and Agreement 

Division, Fruit and Vegetable Program, 

AMS, USDA, 1400 Independence 

Avenue SW., STOP 0237, Washington, 

DC 20250–0237; Telephone: (202) 720– 

2491, Fax: (202) 720–8938, or Email: 

Jeffrey.Smutny@ams.usda.gov. 

SUPPLEMENTARY INFORMATION: This rule 

is issued under Marketing Order No. 

946, as amended (7 CFR part 946), 

regulating the handling of Irish potatoes 

grown in Washington, hereinafter 

referred to as the ‘‘order.’’ The order is 

effective under the Agricultural 

Marketing Agreement Act of 1937, as 

amended (7 U.S.C. 601–674), hereinafter 

referred to as the ‘‘Act.’’ 

The Department of Agriculture 

(USDA) is issuing this rule in 

conformance with Executive Order 

12866 and Executive Order 13563. 

This rule has been reviewed under 

Executive Order 12988, Civil Justice 

Reform. This rule is not intended to 

have retroactive effect. 

The Act provides that administrative 

proceedings must be exhausted before 

parties may file suit in court. Under 

section 608c(15)(A) of the Act, any 

handler subject to an order may file 

with USDA a petition stating that the 

order, any provision of the order, or any 

obligation imposed in connection with 

the order is not in accordance with law 

and request a modification of the order 

or to be exempted there from. A handler 

is afforded the opportunity for a hearing 

on the petition. After the hearing, USDA 

would rule on the petition. The Act 

provides that the district court of the 

United States in any district in which 

the handler is an inhabitant, or has his 

or her principal place of business, has 

jurisdiction to review USDA’s ruling on 

the petition, provided an action is filed 

not later than 20 days after the date of 

entry of the ruling. 

This rule temporarily exempts yellow 

fleshed and white types of potatoes from 

the order’s handling regulations through 

June 30, 2014. This rule allows the 

Washington potato industry to market 

yellow fleshed and white types of 

potatoes without regard to the minimum 

quality, maturity, pack, marking, and 

inspection requirements currently 

prescribed under the order. 

This rule also modifies the order’s 

reporting requirements to require 

reports from handlers of yellow fleshed 

and white types of potatoes through 

June 30, 2014. By modifying the 

reporting requirements, the Committee 

can continue to obtain information 

necessary to administer the marketing 

order, including the collection of 

assessments, in the absence of 

inspection certificates and reports 

issued by the Federal State Inspection 

Service (FSIS). Assessments on all fresh 

yellow fleshed and white types of 

potatoes handled under the order will 

remain in effect during the temporary 

exemption. 

The order authorizes the 

establishment of handling regulations 

for all varieties or varietal types of 

potatoes grown in the production area. 

These regulations can include minimum 

grade, size, quality, or maturity 

requirements. They can also stipulate 

the size, capacity, weight, dimensions, 

pack, marking, or labeling of containers 

used in the handling of such potatoes. 

The order also allows the handling 

regulations to be modified, suspended, 

or terminated when recommended by 

the Committee and approved by the 

Secretary. 

When handling regulations are in 

effect, regulated potatoes must be 

inspected and certified by FSIS. As 

authorized under the order, the 

Committee uses information included 

on FSIS inspection certificates as a basis 

for collecting assessments and 

compiling industry statistics. Because 

this action exempts yellow fleshed and 

white types of potatoes from FSIS 

inspection and certification, the 

industry must collect necessary 

information from an alternate source. 

Therefore, this action also modifies 

current reporting requirements to 

require handlers to submit reports to 

provide information on the volume of 

yellow fleshed and white types of 

potatoes handled for the fresh market 

during the exemption period. 

The above-described authorities are 

found in §§ 946.51, 946.52, 946.60, and 

946.70 of the order. Supporting rules 

and regulations for these authorities are 

found in §§ 946.143 and 946.336. 

The Committee meets regularly to 

consider the effectiveness of regulatory 

requirements in place for Washington 

potatoes. These requirements are issued 

on a continuing basis and are subject to 

modification, suspension, or 

termination upon recommendation of 

the Committee and approval by USDA. 

Committee meetings are open to the 

public, and interested persons may 


tkelley on DSK3SPTVN1PROD with RULES
62968 Federal Register / Vol. 78, No. 205 / Wednesday, October 23, 2013 / Rules and Regulations 

express their views at these meetings. 

USDA reviews recommendations made 

by the Committee, along with any 

additional information submitted by the 

Committee and other available 

information, and determines whether 

such recommendations would tend to 

effectuate the declared policy of the Act. 

On May 9, 2013, the Committee met 

to discuss the handling regulations and 

the mandatory inspection requirements 

in effect for Washington potatoes. The 

Committee considered whether a shortterm exemption of yellow fleshed and 

white types of potatoes from regulation 

could be beneficial. The industry is 

concerned that the benefits of regulating 

the quality of Washington potatoes may 

be outweighed by the current cost of 

mandatory inspections. 

After much consideration, on July 16, 

2013, the Committee unanimously 

recommended temporarily exempting 

yellow fleshed and white types of 

potatoes from the handling regulations 

and modifying the reporting 

requirements for such potatoes. The 

temporary exemption was 

recommended for the duration of the 

current fiscal period so that the industry 

can evaluate the exemption’s effects on 

the marketing of potatoes. 

As a result of this exemption, yellow 

fleshed and white types of potatoes will 

not be subject to the minimum grade, 

size, quality, cleanness, maturity, pack, 

marking, and inspection requirements of 

the order through June 30, 2014. Also 

during this time, modified reporting 

requirements will be in effect to require 

handlers to submit reports of their 

shipments of fresh yellow fleshed and 

white types of potatoes to the 

Committee. 

Historically, an objective of the 

order’s handling regulations has been to 

ensure that only quality Washington 

potatoes enter the fresh market, thereby 

fostering consumer satisfaction, and 

increasing sales and returns for 

producers. While the industry 

recognizes that quality is an important 

factor for maintaining sales, the 

Committee believes the cost of 

mandatory inspections may exceed the 

benefits derived from the quality 

regulation of yellow fleshed and white 

types of potatoes. 

The cost for inspections has 

increased. With potato prices at 

reportedly low levels in recent years, 

the Committee studied the possibility of 

reducing production costs by 

eliminating the mandatory inspection 

requirement. In evaluating the relative 

benefits of quality control, some 

individuals expressed concern that 

eliminating quality requirements could 

result in lower quality potatoes being 

shipped to the fresh market, thereby 

negatively affecting consumer demand. 

Others expressed concern that without 

minimum requirements the overall 

quality of potatoes could decline and 

the Washington potato industry could 

lose sales to other potato producing 

areas with mandatory quality and 

inspection requirements. 

With these concerns in mind, 

combined with the desire to explore 

alternative strategies, the Committee 

recommended that yellow fleshed and 

white types of potatoes be temporarily 

exempted from the regulations through 

June 30, 2014. This will allow the 

Committee to study the impacts of not 

having handling regulations and 

consider appropriate actions for ensuing 

seasons. Therefore, this rule modifies 

§ 946.336 to temporarily exempt yellow 

fleshed and white types of potatoes from 

handling regulations through June 30, 

2014. This rule does not restrict 

handlers from seeking inspection on a 

voluntary basis, if they so choose. 

This action will result in a temporary 

suspension of the monthly FSIS 

inspection reports for yellow fleshed 

and white types of potatoes. The 

Committee has utilized these monthly 

reports, compiled by FSIS from 

inspection certificates, as a basis for 

collecting assessments. During the 

temporary exemption period, handlers 

will be required to report fresh 

shipments of yellow fleshed and white 

types of potatoes directly to the 

Committee on an existing form that is 

being modified for this purpose. This 

information will allow the Committee to 

collect assessments and compile 

industry statistics. 

Therefore, this rule modifies 

§ 946.143 to require that each person 

handling yellow fleshed and white 

types of potatoes submit a monthly 

report to the Committee. The reporting 

requirement was originally established 

in 2010 to facilitate the exemption of 

russet type potatoes from the handling 

regulations. It will be modified to 

include the collection of information for 

yellow fleshed and white types of 

potatoes. 

Authorization to assess handlers 

enables the Committee to incur 

expenses that are reasonable and 

necessary to administer the program. 

The modified reporting requirement 

will facilitate the Committee’s ability to 

continue collecting the funds needed to 

cover necessary program costs. 

Initial Regulatory Flexibility Analysis 

Pursuant to requirements set forth in 

the Regulatory Flexibility Act (RFA) (5 

U.S.C. 601–612), the Agricultural 

Marketing Service (AMS) has 

considered the economic impact of this 

action on small entities. Accordingly, 

AMS has prepared this initial regulatory 

flexibility analysis. 

The purpose of the RFA is to fit 

regulatory actions to the scale of 

businesses subject to such actions in 

order that small businesses will not be 

unduly or disproportionately burdened. 

Marketing orders issued pursuant to the 

Act, and rules issued thereunder, are 

unique in that they are brought about 

through group action of essentially 

small entities acting on their own 

behalf. 

There are 43 handlers of Washington 

potatoes subject to regulation under the 

order and approximately 267 producers 

in the regulated production area. Small 

agricultural service firms are defined by 

the Small Business Administration as 

those having annual receipts of less than 

$7,000,000, and small agricultural 

producers are defined as those having 

annual receipts of less than $750,000. 

(13 CFR 121.201) 

For the 2011–2012 marketing year, the 

Committee reports that 11,018,670 

hundredweight of Washington potatoes 

were shipped into the fresh market. 

Based on average f.o.b. prices estimated 

by the USDA’s Economic Research 

Service and Committee data on 

individual handler shipments, the 

Committee estimates that 42, or 

approximately 98 percent of the 

handlers, had annual receipts of less 

than $7,000,000. 

In addition, based on information 

provided by the National Agricultural 

Statistics Service, the average producer 

price for Washington potatoes for 2011– 

2012 was $7.90 per hundredweight. The 

average gross annual revenue for the 267 

Washington potato producers is 

therefore calculated to be approximately 

$326,021. In view of the foregoing, the 

majority of Washington potato handlers 

and producers may be classified as 

small entities. 

This rule exempts yellow fleshed and 

white types of potatoes from the 

handling regulations and modifies the 

reporting requirements through June 30, 

2014. The industry is concerned that the 

cost of mandatory inspections, which 

have increased, may outweigh the 

benefits of having the quality 

regulations in place. This change is 

expected to reduce overall industry 

expenses and provide the industry with 

the opportunity to explore alternative 

marketing strategies. 

The authority for regulation is 

provided in § 946.52 of the order, while 

authority for reports and records is 

provided in § 946.70. In addition, the 

handling regulations are specified under 

§ 946.336 of the order’s administrative 


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Federal Register / Vol. 78, No. 205 / Wednesday, October 23, 2013 / Rules and Regulations 62969 

rules and regulations, and reporting 

requirements are specified under 

§ 946.143. 

The Committee does not anticipate 

that this rule will negatively impact 

small businesses. This rule will 

temporarily exempt yellow fleshed and 

white types of potatoes from minimum 

quality, maturity, pack, marking, and 

inspection requirements for the current 

fiscal period. Though inspections are 

not mandatory for such potatoes during 

the exemption period, handlers may 

choose to have their potatoes inspected. 

Handlers are thus able to control costs 

based on the demands of their 

customers. 

The Committee discussed alternatives 

to this recommendation, including not 

making any changes to the regulations. 

The Committee also considered 

different types of inspection programs, 

exempting all types of potatoes from 

handling regulations, and exempting 

yellow fleshed and white types from 

regulation indefinitely instead of 

temporarily. However, the Committee 

believes that the temporary exemption 

for yellow fleshed and white types of 

potatoes will give handlers the 

opportunity to explore alternative 

marketing strategies for one fiscal 

period, and give the Committee the 

opportunity to revisit the situation in 

the future. 

The Committee identified no other 

alternatives to requiring handlers to 

report fresh market shipments of yellow 

fleshed and white types of potatoes. 

This information is necessary to 

administer the program, including the 

collection of assessments. 

In accordance with the Paperwork 

Reduction Act of 1995, (44 U.S.C. 

Chapter 35), the order’s information 

collection requirements have been 

previously approved by the Office of 

Management and Budget (OMB) and 

assigned OMB No. 0581–0178, Generic 

Vegetable and Specialty Crops. 

This rule requires the submission of a 

monthly handler report for fresh yellow 

fleshed and white types potatoes 

handled during the exemption period. 

This rule modifies the Russet Fresh 

Potato Report established for russet type 

potatoes to include yellow fleshed and 

white types of potatoes during the 

period those types of potatoes are 

exempted from regulation. The modified 

Self-Reporting Potato Form will provide 

the Committee with information 

necessary to track shipments and collect 

assessments. AMS has submitted the 

modified form and a Justification of 

Change to OMB for approval. 

While this rule requires a reporting 

requirement for yellow fleshed and 

white types of potatoes, their exemption 

from handling regulations also 

eliminates the more frequent reporting 

requirements imposed under the order’s 

special purpose shipment exemptions 

(§ 946.336(d) and (e)). Under these 

paragraphs, handlers are required to 

provide detailed reports whenever they 

divert regulated potatoes for livestock 

feed, charity, seed, prepeeling, 

processing, grading and storing in 

specified counties in Oregon, and 

experimentation. 

Therefore, any additional reporting or 

recordkeeping requirements on either 

small or large handlers of yellow fleshed 

and white types of potatoes are expected 

to be offset by the elimination of the 

other reporting requirements currently 

in effect. In addition, the temporary 

exemption from handling regulations 

and inspection requirements for yellow 

fleshed and white types of potatoes is 

expected to reduce industry expenses. 

AMS is committed to complying with 

the E-government Act, to promote the 

use of the internet and other 

information technologies to provide 

increased opportunities for citizen 

access to Government information and 

services, and for other purposes. 

USDA has not identified any relevant 

Federal rules that duplicate, overlap or 

conflict with this rule. 

The Committee’s meetings were 

widely publicized throughout the 

Washington potato industry and all 

interested persons were invited to 

participate in Committee deliberations. 

Like all Committee meetings, the May 9, 

and July 16, 2013, meetings were public 

meetings. All entities, both large and 

small, were able to express views on 

this issue. Further, interested persons 

are invited to submit comments on this 

interim rule, including the regulatory 

and informational impacts of this action 

on small businesses. 

A small business guide on complying 

with fruit, vegetable, and specialty crop 

marketing agreements and orders may 

be viewed at: www.ams.usda.gov/

MarketingOrdersSmallBusinessGuide. 

Any questions about the compliance 

guide should be sent to Jeffrey Smutny 

at the previously mentioned address in 

the FOR FURTHER INFORMATION CONTACT

section. 

This interim rule invites comments on 

the temporary exemption from handling 

regulations and the modification of the 

reporting requirements for yellow 

fleshed and white types of potatoes. 

Any comments received will be 

considered prior to finalization of this 

rule. 

After consideration of all relevant 

material presented, including the 

Committee’s recommendation, and 

other information, it is found that this 

interim rule, as hereinafter set forth, 

will tend to effectuate the declared 

policy of the Act. 

Pursuant to 5 U.S.C. 553, it is also 

found and determined upon good cause 

that it is impracticable, unnecessary, 

and contrary to the public interest to 

give preliminary notice prior to putting 

this rule into effect and that good cause 

exists for not postponing the effective 

date of this rule until 30 days after 

publication in the Federal Register 

because: (1) Any changes resulting from 

this rule should be effective as soon as 

practicable because the shipping season 

for Washington yellow fleshed and 

white types of potatoes began in July of 

2013; (2) the Committee discussed and 

unanimously recommended these 

changes at a public meeting and all 

interested parties had an opportunity to 

provide input; (3) potato handlers are 

aware of this action and want to take 

advantage of relaxation of the handling 

regulations as soon as possible; and (4) 

this rule provides a 60-day comment 

period and any comments received will 

be considered prior to finalization of 

this rule. 

List of Subjects in 7 CFR Part 946 

Marketing agreements, Potatoes, 

Reporting and recordkeeping 

requirements. 

For the reasons set forth in the 

preamble, 7 CFR part 946 is amended as 

follows: 

PART 946—IRISH POTATOES GROWN 

IN WASHINGTON 

■ 1. The authority citation for 7 CFR 

part 946 continues to read as follows: 

Authority: 7 U.S.C. 601–674. 

■ 2. Section 946.143 is revised to read 

as follows: 

§ 946.143 Assessment reports. 

During the period that russet, yellow 

fleshed, and white types of potatoes are 

exempt from handling requirements 

under § 946.336, each person handling 

russet, yellow fleshed and white types 

of potatoes shall submit a monthly 

report to the Committee by the 10th day 

of the month following the month such 

potatoes are handled. Each assessment 

report shall contain the following 

information: 

(a) The name and address of the 

handler; 

(b) The date and quantity of russet, 

yellow fleshed, and white types of 

potatoes handled; 

(c) The assessment payment due; and 

(d) Other information as may be 

requested by the Committee. 

■ 3. The introductory text of § 946.336 

is revised to read as follows: 


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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 


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