```

[Federal Register Volume 78, Number 67 (Monday, April 8, 2013)]
[Proposed Rules]
[Pages 20832-20842]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-08073]

=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF ENERGY

10 CFR Parts 429 and 430

[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: Supplemental notice of proposed rulemaking.

-----------------------------------------------------------------------

SUMMARY: The U.S. Department of Energy (DOE) proposes amendments to its 
May 2012 notice of proposed rulemaking related to DOE test procedures 
for showerheads, faucets, water closets, urinals, and commercial 
prerinse spray valves. The amendments proposed in this supplemental 
notice of proposed rulemaking include 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 subjected to 8 pounds force; 
clarification of permissible trim adjustments for tank-type water 
closets; and amendments to the required static test pressures to be 
used when testing flushometer valve siphonic and blowout water closets. 
DOE also proposes 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.

DATES: DOE will accept comments, data, and information regarding this 
SNOPR no later than May 8, 2013. See section IV, ``Public 
Participation,'' for details.

ADDRESSES: Interested parties may submit comments, identified by docket 
number EERE-2011-BT-TP-0061 or Regulation Identifier Number (RIN) 1904-
AC65, by any of the following methods:
    1. Federal eRulemaking Portal: http://www.regulations.gov. Follow 
the instructions for submitting comments.
    2. Email: PlumbingPrds-2011-TP-0061@ee.doe.gov. Include the docket 
number and/or RIN in the subject line of the message.
    3. Mail: Ms. Brenda Edwards, U.S. Department of Energy, Building 
Technologies Program, Mailstop EE-2J, 1000 Independence Avenue SW., 
Washington, DC 20585-0121. If possible, please submit all items on a 
CD. It is not necessary to include printed copies.
    4. Hand Delivery/Courier: Ms. Brenda Edwards, U.S. Department of 
Energy, Building Technologies Program, 950 L'Enfant Plaza SW., Suite 
600, Washington, DC 20024. Telephone: (202) 586-2945. If possible, 
please submit all items on a CD. It is not necessary to include printed 
copies.
    For detailed instructions on submitting comments and additional 
information on the rulemaking process, see section IV of this document 
(``Public Participation'').
    Docket: The docket, including 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, not all documents listed in the index may be publicly 
available, such as information that is exempt from public disclosure.
    A link to the docket Web page can be found at: http://www.regulations.gov/#!docketDetail;dct=FR%252BPR%252BN%252BO%252BSR%252BPS;rpp=10;po=0;D=EER
E-2011-BT-TP-0061. 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,

[[Page 20833]]

in the docket. See section IV, ``Public Participation,'' for 
information on how to submit comments through regulations.gov.
    For further information on how to submit a comment, review other 
public comments and 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:

I. Background and Authority
    A. Authority
    B. Background
    C. General Test Procedure Rulemaking Process
II. Discussion
    A. DOE Test Procedures for Plumbing Products
    1. Definitions
    2. Test Procedure for Showerhead Flow Control Insert
    a. Pulling-Force Test
    b. Gravity Test
    c. Conclusions Based on DOE Testing
    3. Test Procedure Amendment for Supply Fittings With Integral 
Body Sprays
    4. Test Procedure Amendments for Gravity Flush Tank Water Closet 
Trim Adjustments
    5. Static Test Pressure for Flushometer Valve Siphonic and 
Blowout Water Closets
    6. Testing and Reporting of Dual-Flush Water Closets
    B. Supplementary Plumbing Requirements
    1. Definition of a Basic Model for Water Closets and Urinals
    2. Minor Editorial Changes
III. Procedural Issues and Regulatory Review
IV. Public Participation
    A. Submission of Comments
    B. Issues on Which DOE Seeks Comment
V. Approval of the Office of the Secretary

I. Background and Authority

A. Authority

    Title III, Part B of the Energy Policy and Conservation Act of 1975 
(EPCA), Public Law 94-163 (42 U.S.C. 6291-6309, as codified), 
established the Energy Conservation Program for Consumer Products Other 
Than Automobiles, which includes the showerheads, faucets, water 
closets, and urinals that are the subjects of today's notice.\1\
---------------------------------------------------------------------------

    \1\ For editorial reasons, upon codification in the U.S. Code, 
Part B was redesignated Part A.
---------------------------------------------------------------------------

    Under EPCA, this program consists essentially of four parts: (1) 
Testing, (2) labeling, (3) Federal energy and water conservation 
standards, and (4) certification and enforcement procedures. The 
testing requirements include test procedures that manufacturers of 
covered products must use as the basis for (1) certifying to the DOE 
that their products comply with applicable energy and water 
conservation standards adopted under EPCA and (2) making 
representations about the energy or water consumption of those products 
on labels and other materials. Similarly, DOE must use these test 
procedures to determine whether the products comply with any relevant 
standards promulgated under EPCA.

B. Background

    EPCA states that the procedures for testing and measuring the water 
use of faucets and showerheads shall be American Society of Mechanical 
Engineers (ASME) Standard A112.18.1M-1989, ``Plumbing Fixture 
Fittings,'' and the test procedure for water closets and urinals shall 
be ASME Standard A112.19.6-1990, ``Hydraulic Requirements for Water 
Closets and Urinals.'' EPCA further specifies that if ASME revises 
these requirements, the Secretary of Energy (Secretary) shall adopt 
such revisions if they conform to the basic statutory requirements for 
test procedures. (42 U.S.C. 6293(b)(7)-(8)) DOE last amended test 
procedures for these products in a final rule published in March 1998 
(March 1998 final rule), which incorporated by reference ASME Standard 
A112.18.1M-1996, ``Plumbing Fixture Fittings,'' for showerheads and 
faucets, and ASME 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 harmonized them 
with the corresponding standards of the Canadian Standards Association 
(CSA). ASME and CSA issued the most recent version for showerheads and 
faucets in June 2011 as ASME A112.18.1-2011/CSA B125.1-11, ``Plumbing 
Supply Fittings,'' and issued the most recent version for water closets 
and urinals in August 2008 as ASME A112.19.2-2008/CSA B45.1-08, 
``Ceramic Plumbing Fixtures.'' These standards are referred to in this 
notice as ASME A112.18.1-2011 and ASME A112.19.2-2008, respectively.
    On May 30, 2012, DOE issued a notice of proposed rulemaking (the 
May 2012 NOPR) proposing to amend the test procedures for showerheads, 
faucets, water closets, and urinals to incorporate by reference, with 
the exception of certain provisions regarding rounding of measured 
values, ASME A112.18.1-2011 and ASME A112.19.2-2008. 77 FR 31742, 
31744. DOE also proposed to update its reference to the latest version 
of the ASTM International (ASTM) standard for commercial prerinse spray 
valves by incorporating by reference ASTM Standard F2324-03 (2009), 
``Standard Test Method for Prerinse Spray Valves.'' 77 FR at 31744. In 
the May 2012 NOPR, DOE also proposed additional provisions, including 
test procedures for measuring representative average flush volume for 
dual-flush water closets; requested comments on the standardized test 
method for showerhead flow control insert retention requirement; 
proposed definitions related to showerheads, body sprays, and hand-held 
showerheads; and proposed clarifications to the basic model definition 
with respect to water closets and urinals. 77 FR at 31746-31748.
    In response to DOE's proposed test procedure amendments, as 
presented in the May 2012 NOPR, several interested parties provided 
comments. DOE has considered all submitted comments and conducted 
additional analyses in preparation of a revised proposal to amend the 
test procedures for showerheads, faucets, water closets, and urinals, 
as presented in this supplemental notice of proposed rulemaking 
(SNOPR). A more detailed discussion of the comments received and DOE's 
response is provided in section II, ``Discussion.'' This SNOPR 
addresses only proposed modifications to its earlier proposal and those 
comments received in response to the NOPR that are relevant to the 
proposed changes. All other comments received regarding the May 2012 
NOPR will be addressed in the test procedure final rule.
    In this SNOPR, DOE proposes to revise the definitions of showerhead 
and hand-held showerhead; proposes to remove body sprays from the 
definition of the term showerhead proposed in the NOPR; proposes a 
standardized test method for the mechanical retention of a showerhead 
flow control insert when subjected to 8 pounds force (lbf); provides 
clarification of allowable trim adjustments for gravity flush tank 
water closets; and proposes amendments to the required static test 
pressures when

[[Page 20834]]

testing flushometer valve siphonic and blowout water closets. DOE also 
proposes further clarification of the definition of basic model with 
respect to flushometer water closets and urinals, as well as associated 
changes to certification reporting requirements, including specific 
provisions regarding the testing and reporting of dual-flush water 
closets.

C. General Test Procedure Rulemaking Process

    In 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, in relevant part, that any test procedures 
prescribed or amended under this section shall be reasonably designed 
to produce test results that 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 test procedures, 
DOE must determine to what extent, if any, the proposed test procedures 
would alter the measured energy efficiency of any covered product as 
determined under the existing test procedures. (42 U.S.C. 6293(e)(1)) 
If DOE determines that the amended test procedures would alter the 
measured efficiency of a covered product, DOE must amend the applicable 
energy conservation standard accordingly. (42 U.S.C. 6293(e)(2))
    Any representation as to the water consumption of the products that 
are the subjects of this rulemaking made 180 days after the date of 
publication of an amended test procedure final rule must be based upon 
results generated under the applicable provisions of any amended test 
procedures. (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)) 
Upon the compliance date(s) of any amended water conservation 
standard(s) for faucets and showerheads, use of the applicable 
provisions of the amended test procedures to demonstrate compliance 
with the water conservation standard(s) will also be required.

II. Discussion

    On July 24, 2012, DOE held a public meeting to discuss proposed 
amendments to the test procedures for showerheads, faucets, water 
closets, and urinals presented in the May 2012 NOPR. During the public 
meeting, and in subsequent written comments, interested parties 
provided DOE with feedback on the proposed test procedure amendments. 
These comments are available for viewing in the public docket for this 
rulemaking (Docket No. EERE-2011-BT-TP-0061). Comments from interested 
parties addressed in this SNOPR involve the following issues:
    1. DOE's definitions of showerhead, body spray, and hand-held 
shower;
    2. Test procedure requirements for showerhead flow control insert 
retention;
    3. The definition of basic model with respect to water closets and 
urinals;
    4. Trim adjustments for gravity flush tank water closets;
    5. Static pressures for testing of flushometer valve siphonic and 
blowout water closets; and
    6. Testing and reporting of dual-flush water closets.
    Specific comments received from interested parties and DOE's 
responses are set forth in sections II.A and II.B of this document.

A. DOE Test Procedures for Plumbing Products

1. Definitions
    In the May 2012 NOPR, DOE proposed a modification to the definition 
of ``showerhead'' based on the definition in ASME A112.18.1-2011. DOE's 
proposed definition in the May 2012 NOPR stated that a ``showerhead 
means 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 an overhead position, 
including body sprays and hand-held showers, but excluding safety 
showerheads.'' 77 FR at 31755. DOE proposed this modified form of the 
ASME definition to more clearly define the extent of DOE's coverage of 
these products, and to clarify that safety shower showerheads are not 
covered products, and that hand-held showerheads are covered.
    In response, Kohler Company (Kohler) and Sloan Valve Company (Sloan 
Valve) recommended that, for consistency with the ASME standard, DOE 
should use the showerhead definition found in ASME A112.18.1-2011: ``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) 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)
    Comments submitted by Plumbing Manufacturers International (PMI), 
Moen Incorporated (Moen), and Kohler stated that body sprays should not 
be included in the definition of showerhead because body sprays are not 
considered accessories since they cannot be readily added or removed by 
the user. (PMI, No. 8 at p. 4; Moen, No. 4 at p. 3; Kohler, No. 9 at p. 
4) On the contrary, 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) supported DOE's 
proposed showerhead definition and recommended that the term 
``showerhead'' be incorporated in the definition of body spray to 
clearly indicate that body sprays are considered a form of showerhead. 
(ICC, Public Meeting Transcript, No. 11 at pp. 55-56)
    DOE has determined that the current ASME showerhead definition, 
recommended by Kohler and Sloan, does not sufficiently address DOE's 
regulatory coverage of showerheads by not specifically including hand-
held showerheads or excluding safety shower showerheads. Further, 
although in the NOPR DOE sought to clarify that body sprays are 
showerheads for purposes of regulatory coverage, in light of the 
concerns that some commenters have raised regarding the proposal and 
DOE's need to further study the issue, DOE withdraws its proposal to 
include body sprays in the showerhead definition at this time. 
Additionally, based on consideration of the comments received, DOE 
proposes in this SNOPR to exclude the term ``accessory'' from the 
definition of showerhead, and proposes to define ``showerhead'' as 
follows: ``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 shower 
showerheads.''
    Comments were also received from Moen, PMI, Kohler, and Sloan Valve 
during the public comment period following publication of the May 2012 
NOPR, requesting that DOE incorporate ASME's draft definition of hand-
held showerhead: ``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.'' (Moen, No. 4 at p. 3; PMI, 
No. 8 at p. 4; PMI, Public

[[Page 20835]]

Meeting Transcript, No. 11 at pp. 56-57; Kohler, No. 9, pp. 3-4; Sloan 
Valve, No. 12 at p. 3) However, DOE believes that incorporating the 
phrase ``and which is connected to a flexible hose'' found in the ASME 
hand-held showerhead definition restricts the definition because it may 
not encompass all hand-held showerhead configurations in the 
marketplace. Therefore, in this SNOPR, DOE proposes to define ``hand-
held showerhead'' as follows: ``A showerhead that can be hand-held or 
fixed in place for the purpose of spraying water onto a bather.''
    In addition, because DOE proposes to exclude body sprays from the 
current definition of showerhead, DOE proposes (as explained below) to 
revise its test procedure to clarify that body sprays that are 
components of ``shower towers'' should be turned off during testing to 
permit testing of the integral showerhead(s). For context, DOE 
generally understands 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 comprised 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.
    DOE also seeks to clarify the treatment of other products that are 
components of a shower tower but are otherwise covered. Based upon the 
description in the previous paragraph, a shower tower would represent a 
combined system that delivers water to individual supply fittings 
downstream of a temperature mixing valve. If each covered spraying 
component is individually isolable from any other covered spraying 
component downstream of the mixing valve by a valve or other isolating 
device installed within the plumbing system and not within the spraying 
device itself, each spraying component represents an individual supply 
fitting that is covered separately. This is in contrast to a product 
that has multiple spraying components and is designed to be attached to 
a single supply fitting downstream of the mixing valve, such as the 
threaded overhead pipe in a shower. According to the definition of 
``showerhead'' proposed in this notice, such a product would be covered 
as a showerhead since it is designed to be attached to a single supply 
fitting. The product itself may contain a valve or other device to 
isolate its spraying components from each other, but since the spraying 
components and diverter device are distributed in commerce together for 
attachment as a composite unit to a supply fitting, the product is 
distinct from the plumbing system. In the case of the shower tower, the 
device that isolates one spraying component from one or more other 
spraying components is within the plumbing system, making the spraying 
components separate fittings.
    Finally, DOE notes that no definition currently exists in EPCA or 
in 10 CFR 430.2 for the term ``safety shower showerhead,'' which is a 
type of showerhead specifically excluded from coverage by EPCA. 42 
U.S.C. 6291(31)(D). Because of this lack of a definition, confusion may 
exist as to which products qualify for exclusion from coverage. 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 as a reference 
American National Standards Institute (ANSI) Standard Z358.1, Emergency 
Eyewash and Shower Equipment.\2\ This standard contains specific design 
and performance criteria that safety showers must meet, such as flow 
rate and accessibility, which may enable the establishment of a common 
definition for the showerhead portion of a safety shower. DOE is 
interested in receiving comments on whether such a definition 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, or if a more appropriate definition exists.
---------------------------------------------------------------------------

    \2\ For example, see Title 8 of the California Code of 
Regulations, Section 5162, Emergency Eyewash and Shower Equipment.
---------------------------------------------------------------------------

    DOE requests comments on these proposed changes to the definitions 
of showerhead and hand-held showerhead, its proposal not to include 
body sprays in the proposed showerhead definition, its proposal that 
body sprays that are components of shower towers be disabled during 
testing, and on the need for a definition of safety shower showerhead.
2. Test Procedure for Showerhead Flow Control Insert
    EPCA includes a provision that showerheads must meet the 
requirements of section 7.4.3(a) of ASME A112.18.1M-1989, 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 flow control 
insert. (42 U.S.C. 6295(j)(1)) DOE subsequently adopted this provision 
in 10 CFR 430.32(p), and later updated that paragraph upon 
incorporation by reference of ASME A112.19.1M-1996 to reflect that it 
had been moved to section 7.4.4(a). This provision has been retained in 
the updated A112.18.1-2011, but has been moved from section 7.4.4(a) to 
section 4.11.1.
    In the May 2012 NOPR, DOE did not propose to change this design 
requirement, but requested comments and information on prospective 
methods for verifying that the requirement in section 4.11.1 of ASME 
A112.18.1-2011 has been met, as well as comments and information on 
showerhead designs that may complicate verification of the force 
requirement or make verification unnecessary. 77 FR at 31747.
    Moen, PMI, Kohler, ICC, and Sloan Valve commented that DOE should 
not develop a standardized test for flow control insert retention to 
address the showerhead design requirement. These commenters noted that 
it would be difficult to design a standardized test that could 
accommodate different designs in the marketplace and that such a test 
could hinder innovation of new products and make showerhead repair 
difficult. (Moen, No. 4 at p. 2; PMI, No. 8 at p. 2; Kohler, No. 9 at 
p. 3; Kohler, Public Meeting Transcript, No. 11 at p. 47; ICC, Public 
Meeting Transcript, No. 11 at pp. 48-49; Sloan Valve, No. 12 at p. 2) 
In contrast, NRDC recommended that DOE develop a standardized test 
procedure to ensure that manufacturers produce showerheads with flow 
control inserts that are not easily removed. (NRDC, Public Meeting 
Transcript, No. 11 at pp. 47-48)
    After receiving comments on this issue, DOE obtained 21 showerheads 
to investigate the design requirement for retention of the flow control 
insert. The selected showerheads included a variety of brands and 
styles. In general, there were four basic flow control designs:
    (1) Some showerheads contained a plastic disc insert, either with 
or without an o-ring in the middle of the insert;
    (2) Others contained a rubber disc insert;
    (3) Others did not have any flow control insert; instead, flow 
control was integral to the showerhead housing; and
    (4) One showerhead's sealing gasket (i.e., the seal between the 
showerhead

[[Page 20836]]

and the supply fitting) also functioned as the flow control mechanism.
    Showerheads with integral flow control were found to automatically 
meet the design requirements per A112.18.1-2011, section 4.11.1 because 
these showerheads did not contain a flow control insert that could be 
removed. The showerheads that used a sealing gasket as the flow control 
mechanism were exempt from the design requirement because A112.18.1, 
section 4.11.1 states that the design requirement does not apply if 
significant leakage between the showerhead and supply fitting occurs as 
a result of the flow control insert being removed, and these products 
leak significantly from areas other than the spray face when used 
without the gasket. In this context, DOE interprets the term ``leak 
significantly'' to mean the visible emergence of water from parts of 
the showerhead other than the spray face or nozzle that does not occur 
when the flow control insert is installed, such as from the connection 
between the showerhead and the plumbing fitting.
    DOE then tested subsets of the remaining showerheads (i.e., those 
with plastic disc inserts and rubber disc inserts) using two different 
methods to determine the optimal method for determining whether the 
flow control insert could be removed using a pushing or pulling force 
of less than 8 pounds.
a. Pulling-Force Test
    First, DOE conducted a pulling-force test, which involved the 
following general steps, on a subset \3\ of the relevant showerheads: 
(1) Removing (a) the showerhead's sealing gasket, which provides a seal 
between the showerhead and supply fitting, and (b) the screen upstream 
of the flow control insert; (2) securing the showerhead; (3) attaching 
a clamp to the flow control insert that could withstand a force of at 
least 20 lbf; (4) attaching a force transducer to the clamp, which was 
capable of measuring a maximum force of 25 lbf on the flow control 
insert; and (5) applying a consistent pulling force to the flow control 
insert for between 10 and 20 seconds with the average pulling force 
recorded at 0.5 second intervals.
---------------------------------------------------------------------------

    \3\ Four showerheads with plastic inserts were manufactured with 
the insert embedded very in tightly in the housing, making removal 
difficult enough that DOE deemed the test unnecessary for those 
products; six showerheads with integral flow control in the fixture 
housing were not tested; the showerhead with a sealing gasket as the 
flow control was not tested because it is exempt from the design 
requirement.
---------------------------------------------------------------------------

    Of the 10 showerheads subjected to the pulling-force test, three 
flow control inserts (two plastic disc flow control inserts and one 
rubber disc insert) were clearly removed with a pulling force of under 
8 lbf, while two flow control inserts (both plastic disc inserts) were 
removed with a force close enough to the 8 lbf level that it was 
unclear whether the actual force required to remove the insert was more 
or less than 8 lbf. Five showerheads that contained plastic disc flow 
control inserts were tested and the inserts could not be removed with a 
pulling force of 8 lbf.
b. Gravity Test
    As a potential alternative to the pulling-force test, DOE developed 
a gravity test that simplifies the pulling-force test by using a 
calibrated 8 pound-mass (lbm) to exert a constant 8 lbf on the flow 
control insert. This test, which is described in further detail in the 
section below, eliminates the requirement for a force transducer and 
data logger, limits cost burden, and ensures the test is easily 
repeatable. Of the 5 units subjected to this test, 2 failed and 3 
passed; the results were not inconclusive for any of the units.
c. Conclusions Based on DOE Testing
    DOE's investigation and lessons learned from the preliminary 
testing described above showed that, with respect to flow control 
insert testing, there are three general categories of showerheads: (1) 
Showerheads that contain a flow control insert that is also the sealing 
gasket and are therefore exempt from the design requirement; (2) 
showerheads with a flow control device that is an integral feature of 
the housing and cannot be removed and are therefore exempt from the 
showerhead design requirement; and (3) showerheads containing a flow 
control insert where testing of the insert retention can be 
accomplished using a pulling-style test. DOE found no showerheads for 
which the flow control insert could be more easily removed using a 
pushing force rather than a pulling force.
    Thus, in this SNOPR, DOE proposes a simplified gravity pull-style 
test procedure that will allow DOE to validate the statutory flow 
control insert design requirement that is currently included in 
manufacturers' certification reports. The proposed test method includes 
the following steps: (1) Remove the showerhead's sealing gasket, which 
provides a seal between the showerhead and supply fitting, and the 
screen upstream of the flow control insert (however, if the sealing 
gasket also functions as the flow control insert and would cause 
visible leakage from areas other than the showerhead's spray face if 
removed, then the showerhead would be exempted from the design 
requirement and no further testing would be necessary); (2) attach a 
clamp (or other grasping device) to the flow control insert such that a 
force of at least 8 lbf can be applied without separating the clamp (or 
other device) from the flow control insert (if a clamp or other 
grasping device that would enable physical removal of the flow control 
insert cannot be attached, then the showerhead meets the design 
requirement and no further testing would be necessary); (3) secure the 
showerhead such that the visible face of the flow control insert is 
downward (e.g., the spraying face of the showerhead faces directly 
upward) and a force of at least 8 lbf will not cause the showerhead to 
move; (4) apply a pulling force using a combined 8 lbm (total combined 
weight includes clamp, connecting linkage, and hanging mass) secured to 
the clamp and lowered beneath the showerhead until the mass freely 
hangs such that a downward 8 lbf is exerted on the flow control insert; 
and (5) continue to apply the 8 lbf to the flow control insert for a 
minimum of 60 seconds. The showerhead would be compliant with the 
design requirement if, after this period has elapsed, the flow control 
insert is completely retained in the showerhead housing with no 
movement. In this SNOPR, DOE proposes the use of this test method as a 
means to validate that showerheads meet the flow control insert design 
requirement for situations in which compliance with the requirement is 
in dispute. However, DOE is not proposing to mandate that this test 
method be conducted by manufacturers as part of an initial 
certification that a basic model of showerhead is in compliance with 
this requirement.
    DOE requests comments on the proposed test method for verifying the 
retention requirement for the showerhead flow control insert, 
specifically related to the practicality of the test method and any 
potential impacts on showerhead design.
3. Test Procedure Amendment for Supply Fittings With Integral Body 
Sprays
    In light of DOE's proposal to exclude body sprays from the 
definition of ``showerhead,'' DOE also proposes to revise the 
showerhead test procedure located at Appendix S to subpart B of part 
430 to include instructions for testing a single fitting that consists 
of at least one showerhead and at least one integral body spray 
(colloquially called a ``shower tower''). ASME A112.18.1, section 
5.4.2.1 (part of section 5.4, Flow

[[Page 20837]]

Rate, which DOE proposed to incorporate by reference in the NOPR), 
provides that a ``specimen'' to be tested shall ``have its standard 
accessories installed, when tested for compliance with the maximum flow 
rates.'' Because DOE is not proposing to include body sprays in the 
definition of ``showerhead,'' DOE proposes to clarify in Appendix S 
that the body spray portion of a ``shower tower'' should be turned off 
during testing. DOE also proposes to clarify in Appendix S that where 
the text of Appendix S conflicts with section 5.4, the text of Appendix 
S controls.
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 public meeting, NRDC 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, No. 14 at p. 3) In this context, 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, 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, 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, DOE found that only one 
manufacturer did not include specific instructions regarding the 
adjustments made to the tank water level. Based on these findings, DOE 
believes it to be likely that the majority of manufacturers' 
installation instruction manuals for gravity flush tank water closets 
specify the tank water 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, DOE proposes in this SNOPR 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 float, would 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 would 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. If the 
product's installation instructions or the water closet tank do not 
indicate a water level, DOE would require that the water level 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.
    DOE requests comments on the proposed amendment to the gravity 
flush tank water closest test procedures, specifically with respect to 
the potential effects on flush volume of tank trim adjustments, any 
impact on water closet design that may occur due to the proposed 
amendments, including its interpretation of the term ``malfunction or 
leak.''
5. Static Test Pressure for Flushometer Valve Siphonic and Blowout 
Water Closets
    In written comments submitted to DOE, NRDC and the Appliance 
Standards Awareness Project (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 the ASME A112.19.6-1995 standard 
referenced in the DOE test procedure for water closets and in the newer 
ASME A112.19.2-2008 procedure. (NRDC/ASAP, No. 14 at p. 2) NRDC/ASAP 
further suggested that DOE should require reporting of the higher water 
consumption value obtained by averaging three tests at 80 psi and 
averaging three tests at 35 psi for siphonic flushometer water closets 
and, at a minimum, should discard the 2 to 1 weighting 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 
requires an additional low pressure test at 45 psi for blowout 
flushometer water closets that results in a 2 to 1 weighting of 
results.
    DOE agrees that use of the 2 to 1 ratio for averaging water 
consumption of flushometer valve siphonic and blowout water closets at 
the pressures currently indicated in Table 5 of ASME A112.19.2-2008 
potentially could lead to results that are not representative across a 
range of pressures if DOE were to incorporate by reference this test 
method. Further, DOE notes that the weighting of two low pressure tests 
to one high pressure test presented in Table 5 of ASME A112.19.2-2008 
diverges from previous versions of the ASME test method because tank 
type water closets are tested at three distinct static pressures, as 
were flushometer water closets in the previous version of the standard. 
For these reasons, DOE proposes to amend 10 CFR part 430, appendix T, 
``Test Measurement,'' to require 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 proposes that the test pressures be 
80 psi and 35 psi. For flushometer valve water closets with a blowout 
bowl, DOE proposes 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

[[Page 20838]]

specified in section 7.4.3, ``Procedure,'' of ASME Standard A112.19.2-
2008.
    DOE requests comments on the proposal to amend the number of 
required tests for flushometer valve siphonic and blowout bowl water 
closets to require three tests at each of two pressures rather than 
three tests at each of three pressures.
6. Testing and Reporting of Dual-Flush Water Closets
    In the May 2012 NOPR, DOE proposed a test method to account for the 
reduced average water use of dual-flush water closets, which are 
capable of being flushed in either a full volume flush mode or in a 
reduced volume mode. Under the proposed test procedure, the flush 
volume of the reduced flush would be measured using section 7.4 of ASME 
A112.19.2-2008 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. This 
proposed method was based upon the test method used by the 
Environmental Protection Agency (EPA) WaterSense program \4\ for 
measuring the flush volume of dual-flush water closets and used a 
weighted average of the full and reduced flush volumes. However, DOE 
did not propose to make this test method the required means for testing 
dual-flush water closets for the purposes of certification in 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. 
The test method required for certification would remain the standard 
full-flush volume test for products that do not have a dual-flush 
capability.
---------------------------------------------------------------------------

    \4\ WaterSense is a voluntary partnership program administered 
by the EPA which, 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 http://www.epa.gov/WaterSense/index.html.
---------------------------------------------------------------------------

    DOE received several comments in response to the NOPR that opposed 
incorporation of the proposed test method for dual-flush products. 
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, Maximum 
Performance Testing (MaP), Moen, NRDC, and Sloan Valve stated that the 
weighted average 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, 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)
    In response to these comments, DOE proposes in today's notice not 
to include a dual-flush test method in appendix T of subpart B of 10 
CFR part 430 and instead to indicate specifically in section 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. DOE will continue to evaluate the merits of a weighted average 
approach to measuring the representative water use of dual-flush 
products and may consider proposing a revised test method in a future 
rulemaking. DOE notes that 42 U.S.C. 6293(c) prohibits making 
representations with respect to the water use of a covered product 
unless such product has been tested in accordance with the DOE test 
procedure and the representation fairly discloses the results of such 
testing.

B. Supplementary Plumbing Requirements

1. Definition of a Basic Model for Water Closets and Urinals
    In the May 2012 NOPR, DOE proposed to retain the existing 
definition of a basic model as it applies to water closets and urinals, 
but emphasized that the manner in which individual models may be 
grouped together as basic models for purposes of reporting water 
consumption in accordance with 10 CFR 429.12 should be based on the 
maximum volume for a given bowl (or urinal body) and the valve with 
which it is designed to operate. 77 FR at 31748 (May 30, 2012). In 
other words, by certifying a given pairing of water closet bowl and 
valve (or tank) or urinal body and valve as a basic model under the 
existing certification and compliance framework, the manufacturer would 
be certifying that the pairing on which that basic model's rating is 
based is the maximum flush volume that model of water closet or urinal 
body is designed to receive, and that it could not be paired with a 
flushing device or tank that would provide a higher flush volume and 
still function properly.
    During the July 2012 public meeting, NRDC commented that it 
remained unclear how DOE expects the valve/bowl pairing combination to 
work in practice. NRDC pointed to DOE's own NOPR language indicating 
that different valve and china 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 of the compliance certification in the NOPR 
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 in commerce can reliably meet the 
standard. Finally, NRDC and ASAP suggested that DOE should 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) During 
the public meeting, NRDC and ASAP also inquired whether new valves 
shipped in commerce that are not paired with a bowl are covered 
products by DOE and require certification. (NRDC, Public Meeting 
Transcript, No. 11 at p. 62; ASAP, Public Meeting Transcript, No. 11 at 
p. 64).
    Based on these comments, DOE further investigated the issues 
revolving around the basic model definition and certification of water 
closets and urinals. First, the definitions of a water closet and 
urinal per ASME A112.19.2 and 10 CFR 430.2 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, 
is not considered a water closet or urinal, and therefore is not itself 
a covered product under DOE's regulations. The water closet bowl or 
urinal body, which is covered by DOE regulations, is designed to 
receive a specified volume of water per flush provided by the 
flushometer valve. Under the current

[[Page 20839]]

general certification requirements in 10 CFR 429.12 and product-
specific sampling and reporting requirements in 10 CFR 429.30 (429.31 
for urinals), manufacturers of flushometer water closets (and urinals) 
must only certify the water closet bowl (or urinal body) based on data 
obtained from testing using the DOE test procedure, and are not 
required to report information on the flushometer valve that was paired 
with the fixtures during testing. However, a water closet bowl (or 
urinal) must be paired with a flushometer valve device to function 
properly. Without the valve, the water closet could not be actuated and 
could not convey waste into the drainage system, thus preventing it 
from meeting the DOE definition of a water closet. In addition, water 
closet bowls and urinals are designed for a specified flush volume, and 
thus must be paired with a valve that is designed to provide this 
specific volume.
    As a result of the comment made by NRDC, DOE re-examined ASME 
A112.19.2-2008 and determined that a provision related to the test 
setup for flushometer valves in section 7.1.5, which DOE had not 
proposed for incorporation by reference in the May 2012 NOPR, partially 
addresses this issue. This section describes the steps to standardize 
the water supply system for testing water closets. Section 7.1.5.2, 
which covers standardization for flushometer water closets, 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. Incorporating this provision 
will ensure that a water closet is paired with a flushometer valve that 
produces the required maximum flush volume during the water consumption 
test. Therefore, to clarify the definition of basic model for 
flushometer water closets, DOE proposes to incorporate by reference 
section 7.1.5 of ASME A112.19.2-2008.
    Similar steps for standardizing the water supply for flushometer 
urinals are contained in section 8.2 of ASME A112.19.2-2008. DOE 
proposed to incorporate by reference this section of the ASME standard 
in the May 2012 NOPR, and did not receive any comments opposing the 
proposal. 77 FR at 31745 (May 30, 2012).
    Further, DOE proposes changes to the certification requirements in 
10 CFR 429.30(b)(2) for water closets and 10 CFR 429.31(b)(2) for 
urinals to require manufacturers to identify in their certification 
reports the flushometer valve that was used during the water 
consumption test. According to this proposal, the flushometer valve 
identified in the certification report must represent the flush volume 
of any other valve with the same flush volume rating. Manufacturers who 
wish to advertise flush volume ratings of high-efficiency flushometer 
water closets and urinals would be able to do so as long as the rating 
is based upon a pairing of the model with a valve with which it is 
designed to operate, the product pairing has been tested in accordance 
with test methods in ASME A112.19.2-2008, and the certification reports 
properly identify the flushometer valve used during the water 
consumption test.
    DOE requests comments on this interpretation of the definition of a 
basic model of water closet and urinal and the associated proposed 
amendments to the certification requirements.
2. Minor Editorial Changes
    In reviewing the certification requirements applicable to the 
products addressed in this proposed rule, DOE noted that the current 
reporting requirement for urinals in 10 CFR 429.31(b)(2) requires 
reporting of water consumption for trough-type urinals in gpm. Since 
the Federal water consumption standard for urinals in 10 CFR 430.32(r), 
including trough-type urinals, is expressed in units of gallons per 
flush (gpf), DOE believes that the appropriate units of measure for 
reporting water consumption of trough-type urinals also should be 
gallons per flush. Accordingly, DOE is proposing in this notice to 
amend the existing language of 10 CFR 429.31(b)(2) to reflect that the 
water consumption of trough-type urinals should be reported in gallons 
per flush.
    DOE also noted that the amendments to the certification 
requirements for showerheads proposed in the May 2012 NOPR did not 
reflect the proposed change to the language of 10 CFR 430.32(p). The 
proposed language there no longer references an ASME standard. Instead, 
it explains the design requirement. Therefore, the certification 
requirements for showerheads in 10 CFR 429.29 should no longer 
reference any ASME standard, but should instead reference the 
requirements laid out in 430.32(p). Accordingly, DOE is proposing to 
reference 430.32(p) in its certification requirements for showerheads. 
In addition, because the declaration that a showerhead meets the 
relevant design requirement is public information, DOE proposes to move 
this certification requirement into 429.29(b)(2) rather than retaining 
it in a separate section, 429.29(b)(3).

III. Procedural Issues and Regulatory Review

    The regulatory reviews for this proposed rule are identical to 
those conducted for the May 2012 NOPR. Please see the May 2012 NOPR for 
additional details. 77 FR at 31749-31752 (May 30, 2012). With respect 
to review under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.), 
DOE is proposing a test method to validate that the showerhead flow 
control insert design requirement has been satisfied; however, the use 
of the test during certification is optional. Because manufacturers are 
not required to perform the proposed test to meet DOE's certification 
requirements, DOE does not expect any additional testing burden or 
cost. Thus, DOE continues to tentatively conclude and certify that the 
proposed rule would not have a significant economic impact on a 
substantial number of small entities. Accordingly, 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).

IV. Public Participation

A. Submission of Comments

    DOE will accept comments, data, and information regarding this 
proposed rule no later than the date provided in the DATES section of 
this proposed rule. Interested parties may submit comments using any of 
the methods described in the ADDRESSES section of this proposed rule.
    Submitting comments via regulations.gov. The regulations.gov Web 
page will require you to provide your name and contact information. 
Your contact information will be viewable to DOE Building Technologies 
staff only. Your contact information will not be publicly viewable 
except for your first and last names, organization name (if any), and 
submitter representative name (if any). If your comment is not 
processed properly because of technical difficulties, DOE will use this 
information to contact you. If DOE cannot read your comment due to 
technical difficulties and cannot contact you for clarification, DOE 
may not be able to consider your comment.
    However, your contact information will be publicly viewable if you 
include it in the comment or in any documents attached to your comment. 
Any information that you do not want to be publicly viewable should not 
be included in your comment or in any document attached to your 
comment. Persons viewing comments will see only

[[Page 20840]]

first and last names, organization names, correspondence containing 
comments, and any documents submitted with the comments.
    Do not submit to regulations.gov information for which disclosure 
is restricted by statute, such as trade secrets and commercial or 
financial information (hereinafter referred to as Confidential Business 
Information (CBI)). Comments submitted through regulations.gov cannot 
be claimed as CBI. Comments received through the Web site will waive 
any CBI claims for the information submitted. For information on 
submitting CBI, see the ``Confidential Business Information'' section.
    DOE processes submissions made through regulations.gov before 
posting. Normally, comments will be posted within a few days of being 
submitted. However, if large volumes of comments are being processed 
simultaneously, your comment may not be viewable for up to several 
weeks. Please keep the comment tracking number that regulations.gov 
provides after you have successfully uploaded your comment.
    Submitting comments via email, hand delivery, or mail. Comments and 
documents submitted via email, hand delivery, or mail also will be 
posted to regulations.gov. If you do not want your personal contact 
information to be publicly viewable, do not include it in your comment 
or any accompanying documents. Instead, provide your contact 
information on a cover letter. Include your first and last names, email 
address, telephone number, and optional mailing address. The cover 
letter will not be publicly viewable as long as it does not include any 
comments.
    Include contact information each time you submit comments, data, 
documents, and other information to DOE. If you submit via mail or hand 
delivery, please provide all items on a CD, if feasible. It is not 
necessary to submit printed copies. No facsimiles (faxes) will be 
accepted.
    Comments, data, and other information submitted to DOE 
electronically should be provided in PDF (preferred), Microsoft Word or 
Excel, WordPerfect, or text (ASCII) file format. Provide documents that 
are not secured, are written in English, and are free of any defects or 
viruses. Documents should not contain special characters or any form of 
encryption and, if possible, they should carry the electronic signature 
of the author.
    Campaign form letters. Please submit campaign form letters by the 
originating organization in batches of between 50 to 500 form letters 
per PDF or as one form letter with a list of supporters' names compiled 
into one or more PDFs. This reduces comment processing and posting 
time.
    Confidential Business Information. Any person submitting 
information that he or she believes to be confidential and exempt by 
law from public disclosure should submit via email, postal mail, or 
hand delivery two well-marked copies: one copy of the document marked 
confidential including all the information believed to be confidential, 
and one copy of the document marked non-confidential with the 
information believed to be confidential deleted. Submit these documents 
via email or on a CD, if feasible. DOE will make its own determination 
about the confidential status of the information and treat it according 
to its determination. 10 CFR 1004.11(e).
    Factors of interest to DOE when evaluating requests to treat 
submitted information as confidential include: (1) A description of the 
items; (2) whether and why such items are customarily treated as 
confidential within the industry; (3) whether the information is 
generally known by or available from other sources; (4) whether the 
information has previously been made available to others without 
obligation concerning its confidentiality; (5) an explanation of the 
competitive injury to the submitting person which would result from 
public disclosure; (6) when such information might lose its 
confidential character due to the passage of time; and (7) why 
disclosure of the information would be contrary to the public interest.
    It is DOE's policy that all comments may be included in the public 
docket, without change and as received, including any personal 
information provided in the comments (except information deemed to be 
exempt from public disclosure).

B. Issues on Which DOE Seeks Comment

    Although DOE welcomes comments on any aspect of this proposal, DOE 
is particularly interested in receiving comments and views of 
interested parties concerning the following issues:
    1. DOE requests comments on the proposed definitions of showerhead 
and hand-held showerhead, its proposal to remove body sprays from the 
proposed showerhead definition, its proposal that body sprays that are 
components of shower towers be disabled during testing, and on the need 
for a definition of safety shower showerhead.
    2. DOE requests comments on the proposed test method for verifying 
the retention requirement for the showerhead flow control insert, 
specifically related to the practicality of the test method and any 
potential impacts on showerhead design.
    3. DOE requests comments on the proposed amendment to the gravity 
flush tank water closet test procedure, specifically related to 
potential effects on flush volume of tank trim adjustments and any 
impact on water closet design resulting from the proposed amendments, 
including DOE's interpretation of the term ``malfunction or leak.''
    4. DOE requests comments on the proposal to amend the number of 
required tests for flushometer valve siphonic and blowout bowl water 
closets to require three tests at each of two pressures rather than 
three tests at each of three pressures.
    5. DOE requests comments on its interpretation of the definition of 
a basic model of water closet and urinal and the associated proposed 
amendments to the certification requirements.

V. Approval of the Office of the Secretary

    The Secretary of Energy has approved publication of this proposed 
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.

    Issued in Washington, DC, on April 2, 2013.
Kathleen B. Hogan,
Deputy Assistant Secretary for Energy Efficiency, Energy Efficiency and 
Renewable Energy.

    For the reasons stated in the preamble, DOE proposes to amend parts 
429 and 430 of chapter II of title 10 of the Code of Federal 
Regulations, as set forth below:

PART 429--CERTIFICATION, COMPLIANCE, AND ENFORCEMENT FOR CONSUMER 
PRODUCTS AND COMMERCIAL AND INDUSTRIAL EQUIPMENT

0
1. The authority citation for part 429 continues to read as follows:

    Authority:  42 U.S.C. 6291-6317.

[[Page 20841]]

0
2. Section 429.29 is amended by revising paragraph (b)(2) and removing 
paragraph (b)(3) to read as follows:

Sec.  429.29  Showerheads.

* * * * *
    (b) * * *
    (2) Pursuant to Sec.  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 gpm, 
the maximum flow water pressure in pounds per square inch (psi), 
whether the showerhead is exempt from the requirements of Sec.  
430.32(p) pertaining to mechanical retention of the flow-restricting 
insert, and a declaration that the showerhead meets the requirements of 
Sec.  430.32(p) pertaining to mechanical retention of the flow-
restricting insert, if applicable.
0
3. Section 429.30 is amended by revising paragraph (b)(2) to read as 
follows:

Sec.  429.30  Water closets.

* * * * *
    (b) * * *
    (2) Pursuant to Sec.  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 flushometer water closets, the brand name and individual 
model number of the flushometer valve used during certification testing 
shall be included in the certification report. For dual-flush water 
closets, the maximum water use to be reported is the flush volume 
observed when tested in the full-flush mode.
0
4. Section 429.31 is amended by revising paragraph (b)(2) to read as 
follows:

Sec.  429.31  Urinals.

* * * * *
    (b) * * *
    (2) Pursuant to Sec.  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 water use in gallons 
per flush (gpf), rounded to the nearest 0.01 gallon, and the length of 
the trough in inches (in). For flushometer urinals, the brand name and 
individual model number of the flushometer valve used during 
certification testing shall be included in the certification report.

PART 430--ENERGY CONSERVATION PROGRAM FOR CONSUMER PRODUCTS

0
5. The authority citation for part 430 continues to read as follows:

    Authority: 42 U.S.C. 6291-6309; 28 U.S.C. 2461 note.

0
6. Section 430.2 is amended by adding, in alphabetical order, a 
definition for ``hand-held showerhead'' and by revising the definition 
of ``showerhead'' to read as follows:

Sec.  430.2  Definitions.

* * * * *
    Hand-held showerhead means a showerhead that can be hand-held or 
fixed in place for the purpose of spraying water onto a bather.
* * * * *
    Showerhead means 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 shower 
showerheads.
* * * * *
0
7. Appendix S to subpart B of part 430 is amended by adding a note 
after the heading, revising section 2.b, and adding section 3, 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: Any representation related to water consumption of 
showerheads or faucets made after [insert date 180 days after date 
of publication of faucets and showerheads test procedure final rule] 
must be made based upon results generated using this test procedure. 
Any representation related to water consumption of showerheads or 
faucets made between [insert date 30 days after date of publication 
of faucets and showerheads test procedure final rule] and [insert 
date 180 days after date of publication of faucets and showerheads 
test procedure final rule] must be based upon results generated 
either under this test procedure or upon the test procedure 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, 2012.

* * * * *
    2. * * *
* * * * *
    b. Showerheads--The test procedures to measure the water flow 
rate for showerheads, expressed in gallons per minute (gpm) or 
liters per minute (L/min), shall be conducted in accordance with the 
test requirements specified in section 5.4, Flow Rate, of the ASME/
ANSI Standard A112.18.1 (incorporated by reference, see Sec.  
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 of each tested unit shall be rounded to one 
decimal place. For showerheads or showerhead assemblies that are a 
component of a single supply fitting with integral body sprays, the 
body spray(s) shall be disabled for the test.
    3. Showerhead Flow Control Insert Test.
    The following test method is for verification of compliance with 
the requirements of 10 CFR 430.32(p) pertaining to retention of 
showerhead flow control inserts. This test is not required for 
certification under 10 CFR 429.12 but may be used to verify 
compliance with those requirements.
    (a) General provisions:
    (1) If removal of the flow control insert would cause 
significant leakage between the showerhead and the supply fitting, 
the showerhead is exempt from the flow control insert design 
requirement.
    (2) If the means of controlling flow rate is not physically 
removable, the showerhead is exempt from the flow control insert 
design requirement.
    (b) Test method:
    If items in section (3)(a) of this appendix do not apply, 
perform the following steps:
    (1) Remove the showerhead's sealing gasket, which provides a 
seal between the showerhead and supply fitting, and the screen 
upstream of the flow control insert (if present).
    (2) Attach a clamp (or other grasping device) to the flow 
control insert such that a force of at least 8 lbf can be applied 
without separating the clamp (or other grasping device) from the 
flow control insert.
    (3) Secure the showerhead such that the visible face of the flow 
control insert is directly downward and a force of at least 8 lbf 
will not cause the showerhead to move.
    (4) Apply a pulling force using a combined 8 pound-mass (lbm) 
( 0.4 lbm) (total combined weight including clamp, 
connecting linkage, and hanging mass) secured to the clamp and 
lowered beneath the showerhead at a rate of no more than 1 inch per 
second until the mass freely hangs such that a downward 8 lbf is 
exerted on the flow control insert.
    (5) Continue to apply the 8 lbf to the flow control insert for a 
minimum of 60 seconds.
    (c) Determination:
    If the flow control insert is retained in the showerhead after 
performing sections (3)(b)(1) through (5) of this appendix, the 
showerhead complies with the design requirement.

0
8. Appendix T to subpart B of part 430 is amended by adding a note 
after the heading and revising sections 2 and 3, 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: Any representation related to water consumption of water 
closets or urinals made

[[Page 20842]]

after [insert date 180 days after date of publication of faucets and 
showerheads test procedure final rule] must be made based upon 
results generated using this test procedure. Any representation 
related to water consumption of water closets or urinals made 
between [insert date 30 days after date of publication of water 
closets and urinals test procedure final rule] and [insert date 180 
days after date of publication of water closets and urinals test 
procedure final rule] must be based upon results generated either 
under this test procedure or upon the test procedure as it appeared 
at 10 CFR part 430, subpart B, appendix T, as contained in the 10 
CFR parts 200 to 499 edition revised as of January 1, 2012.

* * * * *
    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,'' in sections 7.1.1, 7.1.2, 7.1.3, 7.1.4, and 7.1.5 of 
ASME A112.19.2 (incorporated by reference, see Sec.  430.3). 
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,'' of ASME A112.19.2-2008 
(incorporated by reference, see Sec.  430.3). 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) Measurement of water flush volume: The measurement of the 
water flush volume for water closets, expressed in gallons per flush 
(gpf) or 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 (incorporated by reference, 
see Sec.  430.3).
    (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 (incorporated by reference, see Sec.  430.3).
    (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 float, 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 
(incorporated by reference, see Sec.  430.3).

[FR Doc. 2013-08073 Filed 4-5-13; 8:45 am]
BILLING CODE 6450-01-P
```