Federal Register / Vol. 87, No. 56 / Wednesday, March 23, 2022 / Rules and Regulations 16375 

AMS does not expect the economic 

impact on entities affected by this rule 

to be significant. The effect of this final 

rule will allow the use of two additional 

substances in organic crop production 

and remove a redundant listing for one 

substance in organic handling. Adding 

two substances to the National List will 

increase regulatory flexibility and 

provide small entities with more 

options to use in day-to-day operations. 

Removal of the substance in organic 

handling will have no impact as its use 

will continue to be allowed under 

another National List allowance. 

B. Executive Order 12988 

Executive Order 12988 instructs each 

executive agency to adhere to certain 

requirements in the development of new 

and revised regulations in order to avoid 

unduly burdening the court system. 

This final rule is not intended to have 

a retroactive effect. Accordingly, to 

prevent duplicative regulation, states 

and local jurisdictions are preempted 

under OFPA from creating programs of 

accreditation for private persons or state 

officials who want to become certifying 

agents of organic farms or handling 

operations. A governing state official 

would have to apply to the USDA to be 

accredited as a certifying agent, as 

described in the OFPA (7 U.S.C. 

6514(b)). States are also preempted from 

creating certification programs to certify 

organic farms or handling operations 

unless the state programs have been 

submitted to, and approved by, the 

Secretary as meeting the requirements of 

the OFPA (7 U.S.C. 6503–6507). 

Pursuant to the OFPA (7 U.S.C. 

6507(b)(2)), a state organic certification 

program that has been approved by the 

Secretary may, under certain 

circumstances, contain additional 

requirements for the production and 

handling of agricultural products 

organically produced in the state and for 

the certification of organic farm and 

handling operations located within the 

state. Such additional requirements 

must: (a) Further the purposes of OFPA; 

(b) not be inconsistent with OFPA; (c) 

not be discriminatory toward 

agricultural commodities organically 

produced in other States; and (d) not be 

effective until approved by the 

Secretary. 

In addition, pursuant to 7 U.S.C. 

6519(c)(6), this final rule does not 

supersede or alter the authority of the 

Secretary under the Federal Meat 

Inspection Act (21 U.S.C. 601–624), the 

Poultry Products Inspection Act (21 

U.S.C. 451–471), or the Egg Products 

Inspection Act (21 U.S.C. 1031–1056) 

concerning meat, poultry, and egg 

products, respectively, nor any of the 

authorities of the Secretary of Health 

and Human Services under the Federal 

Food, Drug and Cosmetic Act (21 U.S.C. 

301 et seq.), nor the authority of the 

Administrator of the EPA under the 

Federal Insecticide, Fungicide and 

Rodenticide Act (7 U.S.C. 136 et seq.). 

C. Paperwork Reduction Act 

No additional collection or 

recordkeeping requirements are 

imposed on the public by this final rule. 

Accordingly, Office of Management and 

Budget (OMB) clearance is not required 

by the Paperwork Reduction Act of 

1995, 44 U.S.C. 3501, Chapter 35. 

D. Executive Order 13175 

This final rule has been reviewed 

under Executive Order 13175— 

Consultation and Coordination with 

Indian Tribal Governments. Executive 

Order 13175 requires Federal agencies 

to consult and coordinate with tribes on 

a government-to-government basis on: 

(1) Policies that have tribal implication, 

including regulation, legislative 

comments, or proposed legislation; and 

(2) other policy statements or actions 

that have substantial direct effects on 

one or more Indian Tribes, on the 

relationship between the Federal 

Government and Indian Tribes, or on 

the distribution of power and 

responsibilities between the federal 

government and Indian Tribes. 

AMS has assessed the impact of this 

final rule on Indian Tribes and 

determined that this rule would not 

have tribal implications that require 

consultation under Executive Order 

13175. AMS hosts a quarterly 

teleconference with tribal leaders when 

matters of mutual interest regarding the 

marketing of agricultural products are 

discussed. Information about the 

proposed changes to the regulations are 

shared during these quarterly calls, and 

tribal leaders have the opportunity to 

comment on the proposed changes. 

E. Congressional Review Act 

Pursuant to the Congressional Review 

Act (5 U.S.C. 801 et seq.), the Office of 

Information and Regulatory Affairs 

designated this rule as not a major rule, 

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

F. General Notice of Public Rulemaking 

This final rule reflects 

recommendations submitted by the 

NOSB to the Secretary to add two 

substances to the National List and 

remove one substance from the National 

List. 

List of Subjects in 7 CFR Part 205 

Administrative practice and 

procedure, Agricultural commodities, 

Agriculture, Animals, Archives and 

records, Fees, Imports, Labeling, 

Livestock, Organically produced 

products, Plants, Reporting and 

recordkeeping requirements, Seals and 

insignia, Soil conservation. 

For the reasons set forth in the 

preamble, AMS amends 7 CFR part 205 

as follows: 

PART 205—NATIONAL ORGANIC 

PROGRAM 

■ 1. The authority citation for 7 CFR 

part 205 continues to read as follows: 

Authority: 7 U.S.C. 6501–6524. 

■ 2. Amend § 205.601 by: 

■ a. Revising paragraph (a)(2)(iv); 

■ b. Adding paragraph (a)(2)(v); 

■ c. Revising paragraph (k); 

The revisions and addition read as 

follows: 

§ 205.601 Synthetic substances allowed 

for use in organic crop production. 

* * * * * 

(a) * * * 

(2) * * * 

(iv) Potassium hypochlorite—for use 

in water for irrigation purposes. 

(v) Sodium hypochlorite. 

* * * * * 

(k) As plant growth regulators. 

(1) Ethylene gas—for regulation of 

pineapple flowering. 

(2) Fatty alcohols (C6, C8, C10, and/ 

or C12)—for sucker control in organic 

tobacco production. 

* * * * * 

§ 205.605 [Amended] 

■ 3. In § 205.605, amend paragraph (a) 

by removing the words ‘‘Dairy 

cultures’’. 

Erin Morris, 

Associate Administrator, Agricultural 

Marketing Service. 

[FR Doc. 2022–05870 Filed 3–22–22; 8:45 am] 

BILLING CODE P 

DEPARTMENT OF ENERGY 

10 CFR Part 430 

[EERE–2017–BT–TP–0028] 

RIN 1904–AE03 

Energy Conservation Program: Test 

Procedures for Water Closets and 

Urinals 

AGENCY: Office of Energy Efficiency and 

Renewable Energy, Department of 

Energy. 

ACTION: Final rule. 

SUMMARY: This final rule amends the 

test procedures for water closets and 


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1All references to EPCA in this document refer 

to the statute as amended through the Infrastructure 

Investment and Jobs Act, Public Law 117–58 (Nov. 

15, 2021). 

2For editorial reasons, upon codification in the 

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

3The term ‘‘energy conservation standard’’ 

includes water use standards for showerheads, 

faucets, water closets and urinals. (42 U.S.C. 

6291(6)(A)) 

urinals to reference the most recent 

update to the relevant industry 

standard, American Society of 

Mechanical Engineers (‘‘ASME’’) 

Standard A112.19.2–2018. In this final 

rule, the Department of Energy (‘‘DOE’’) 

is also amending certain definitions and 

adding definitions for certain terms that 

are currently used in the Federal test 

procedures but are not defined. 

DATES: The effective date of this rule is 

April 22, 2022. The final rule changes 

will be mandatory for product testing 

starting September 19, 2022. The 

incorporation by reference of certain 

material listed in this rule is approved 

by the Director of the Federal Register 

as of April 22, 2022. 

ADDRESSES: The docket, which includes 

Federal Register documents, public 

meeting attendee lists and transcripts, 

comments, and other supporting 

documents/materials, is available for 

review www.regulations.gov. All 

documents in the docket are listed in 

the www.regulations.gov index. 

However, some documents listed in the 

index, such as those containing 

information that is exempt from public 

disclosure, may not be publicly 

available. 

A link to the docket web page can be 

found at www.regulations.gov/docket/ 

EERE-2017-BT-TP-0028. The docket 

web page contains instructions on how 

to access all documents, including 

public comments, in the docket. 

For further information on how to 

review the docket contact the Appliance 

and Equipment Standards Program staff 

at (202) 287–1445 or by email: 

ApplianceStandardsQuestions@

ee.doe.gov. 

FOR FURTHER INFORMATION CONTACT: 

Mr. Bryan Berringer, U.S. Department 

of Energy, Office of Energy Efficiency 

and Renewable Energy, Building 

Technologies Office, EE–5B, 1000 

Independence Avenue SW, Washington, 

DC 20585–0121. Telephone: (202) 586– 

0371. Email 

ApplianceStandardsQuestions@

ee.doe.gov. 

Mr. Matthew Ring, U.S. Department of 

Energy, Office of the General Counsel, 

GC–33, 1000 Independence Avenue SW, 

Washington, DC 20585–0121. 

Telephone: (202) 586–2555. Email: 

Matthew.Ring@hq.doe.gov. 

SUPPLEMENTARY INFORMATION: DOE 

incorporates by reference the following 

industry standard into part 430: 

ASME A112.19.2–2018/CSA B45.1– 

18, ‘‘Ceramic plumbing fixtures,’’ July 

2018 (including Errata—October 2018) 

(‘‘ASME A112.19.2–2018’’). 

Copies of ASME A112.19.2–2018 can 

be obtained from American Society of 

Mechanical Engineers at Three Park 

Avenue, New York, NY 10016–5990, 1– 

800 843–2763, or by going to 

www.asme.org. 

For a further discussion of this 

standard, see section IV.N of this 

document. 

Table of Contents 

I. Authority and Background 

A. Authority 

B. Background 

II. Synopsis of the Final Rule 

III. Discussion 

A. Scope of Applicability 

B. Updates to Industry Test Standards 

C. Definitions 

D. Test Pressure 

E. Additional Directions Regarding 

Recorded & Calculated Values 

F. Connected and Electronic Products 

G. Clarifications to 10 CFR 430.23 and 

Appendix T 

H. Test Procedure Costs 

I. Effective and Compliance Dates 

IV. Procedural Issues and Regulatory Review 

A. Review Under Executive Order 12866 

B. Review Under the Regulatory Flexibility 

Act 

C. Review Under the Paperwork Reduction 

Act of 1995 

D. Review Under the National 

Environmental Policy Act of 1969 

E. Review Under Executive Order 13132 

F. Review Under Executive Order 12988 

G. Review Under the Unfunded Mandates 

Reform Act of 1995 

H. Review Under the Treasury and General 

Government Appropriations Act, 1999 

I. Review Under Executive Order 12630 

J. Review Under Treasury and General 

Government Appropriations Act, 2001 

K. Review Under Executive Order 13211 

L. Review Under Section 32 of the Federal 

Energy Administration Act of 1974 

M. Congressional Notification 

N. Description of Materials Incorporated by 

Reference 

V. Approval of the Office of the Secretary 

I. Authority and Background 

Water closets and urinals are included 

in the list of ‘‘covered products’’ for 

which the U.S. Department of Energy 

(‘‘DOE’’) is authorized to establish and 

amend energy conservation standards 

and test procedures. (42 U.S.C. 

6292(a)(17) and (18)) DOE’s energy 

conservation standards and test 

procedures for water closets and urinals 

are currently prescribed at title 10 Code 

of Federal Regulations (‘‘CFR’’) 

430.23(u) and (v), respectively, and 10 

CFR part 430, subpart B, appendix T 

(‘‘appendix T’’). The following sections 

discuss DOE’s authority to establish test 

procedures for water closets and urinals 

and relevant background information 

regarding DOE’s consideration of test 

procedures for this equipment. 

A. Authority 

The Energy Policy and Conservation 

Act, as amended (‘‘EPCA’’),1 authorizes 

DOE to regulate the energy efficiency of 

a number of consumer products and 

certain industrial equipment. (42 U.S.C. 

6291–6317) Title III, Part B 2 of EPCA 

established the Energy Conservation 

Program for Consumer Products Other 

Than Automobiles, which sets forth a 

variety of provisions designed to 

improve energy efficiency and water 

use. These products include water 

closets and urinals, the subject of this 

document. (42 U.S.C. 6292(a)(17) and 

(18)) 

The energy conservation program 

under EPCA consists essentially of four 

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

Federal energy conservation standards, 

and (4) certification and enforcement 

procedures. Relevant provisions of 

EPCA specifically include definitions 

(42 U.S.C. 6291), test procedures (42 

U.S.C. 6293), labeling provisions (42 

U.S.C. 6294), energy conservation 

standards 3 (42 U.S.C. 6295), and the 

authority to require information and 

reports from manufacturers (42 U.S.C. 

6296). 

The testing requirements consist of 

test procedures that manufacturers of 

covered products must use as the basis 

for (1) certifying to DOE that their 

products comply with the applicable 

energy conservation standards adopted 

under EPCA (42 U.S.C. 6295(s)), and (2) 

making representations about the 

efficiency of those products (42 U.S.C. 

6293(c)). Similarly, DOE must use these 

test procedures to determine whether 

the products comply with any relevant 

standards promulgated under EPCA. (42 

U.S.C. 6295(s)) 

Federal energy efficiency 

requirements for covered products 

established under EPCA generally 

supersede State laws and regulations 

concerning energy and water 

conservation testing, labeling, and 

standards. (42 U.S.C. 6297) DOE may, 

however, grant waivers of Federal 

preemption for particular State laws or 

regulations, in accordance with the 

procedures and other provisions of 

EPCA. (42 U.S.C. 6297(d)) 

Under 42 U.S.C. 6293, EPCA sets forth 

the criteria and procedures DOE must 

follow when prescribing or amending 


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4 DOE also received one anonymous comment 

that stated the following: ‘‘I think it’s a good idea,’’ 

which is not presented in the Table I.1. 

5The parenthetical reference provides a reference 

for information located in the docket of DOE’s 

rulemaking to develop test procedures for water 

closets and urinals. (Docket No. EERE–2017–BT– 

TP–0028, which is maintained at 

www.regulations.gov). The references are arranged 

as follows: (commenter name, comment docket ID 

number, page of that document). 

test procedures for covered products. 

First, EPCA requires that any test 

procedures prescribed or amended 

under this section shall be reasonably 

designed to produce test results which 

measure energy efficiency, energy use 

water use (for plumbing products such 

as water closets and urinals), or 

estimated annual operating cost of a 

covered product during a representative 

average use cycle (as determined by the 

Secretary) or period of use. (42 U.S.C. 

6293(b)(3)) Second, any test procedure 

shall not be unduly burdensome to 

conduct. 

EPCA also requires that, at least once 

every 7 years, DOE evaluate test 

procedures for each type of covered 

product, including water closets and 

urinals, to determine whether amended 

test procedures would more accurately 

or fully comply with the requirements 

for the test procedures to not be unduly 

burdensome to conduct and be 

reasonably designed to produce test 

results that reflect water use, and 

estimated operating costs during a 

representative average use cycle or 

period of use. (42 U.S.C. 6293(b)(1)(A)) 

If the Secretary determines, on her 

own behalf or in response to a petition 

by any interested person, that a test 

procedure should be prescribed or 

amended, the Secretary shall promptly 

publish in the Federal Register 

proposed test procedures and afford 

interested persons an opportunity to 

present oral and written data, views, 

and arguments with respect to such 

procedures. The comment period on a 

proposed rule to amend a test procedure 

shall be at least 60 days and may not 

exceed 270 days. In prescribing or 

amending a test procedure, the 

Secretary shall take into account such 

information as the Secretary determines 

relevant to such procedure, including 

technological developments relating to 

energy or water use or energy efficiency 

of the type (or class) of covered products 

involved. (42 U.S.C. 6293(b)(2)). If DOE 

determines that test procedure revisions 

are not appropriate, DOE must publish 

its determination not to amend the test 

procedures. 

EPCA also directs that the test 

procedures for water closets and urinals 

are to be the test procedures specified in 

American Society of Mechanical 

Engineers (‘‘ASME’’) A112.19.6—1990, 

‘‘Hydraulic Requirements for Water 

Closets and Urinals’’ (‘‘ASME 

A112.19.6–1990’’). (42 U.S.C. 

6293(b)(8)(A)) EPCA further directs that, 

if the requirements of ASME A112.19.6– 

1990 are revised at any time and 

approved by the American National 

Standards Institute (‘‘ANSI’’), DOE must 

amend the Federal test procedures to 

conform to the revised ASME/ANSI 

standard, unless DOE determines by 

rule that to do so would not meet the 

requirements of EPCA that the test 

procedures be reasonably designed to 

produce test results which measure 

water use during a representative 

average use cycle as determined by 

DOE, and not be unduly burdensome to 

conduct. (42 U.S.C. 6293(b)(8)(B)) 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)) 

DOE is publishing this final rule in 

satisfaction of these requirements under 

EPCA. (42 U.S.C. 6293(b)(1)(A) and 

(b)(8)(B)) 

B. Background 

DOE’s test procedures for water 

closets and urinals are found in 10 CFR 

430.23(u) and (v), respectively, and 

appendix T. 

On May 20, 2021, DOE published a 

notice of proposed rulemaking 

(‘‘NOPR’’) presenting DOE’s proposals 

to amend the water closets and urinals 

test procedures (‘‘May 2021 NOPR’’). 86 

FR 27281. DOE held a public meeting 

related to this NOPR on June 16, 2021. 

DOE received comments in response 

to the May 2021 NOPR from the 

interested parties listed in Table I.1.4

TABLE I.1—WRITTEN COMMENTS RECEIVED IN RESPONSE TO MAY 2021 NOPR 

Commenter Referenced in this NOPR Categorization 

Pacific Gas and Electric Company, San Diego Gas and Electric, and Southern 

California Edison (collectively, the California Investor-Owned Utilities).

CA IOUs .................................................. Utility Companies. 

Natural Resources Defense Council, Appliance Standards Awareness Project ........ NRDC and ASAP .................................... Efficiency Advocacy Organizations. 

Plumbing Manufacturers International ........................................................................ PMI .......................................................... Trade Association. 

A parenthetical reference at the end of 

a comment quotation or paraphrase 

provides the location of the item in the 

public record.5

II. Synopsis of the Final Rule 

In this final rule, DOE amends 10 CFR 

430.2 (Definitions), 10 CFR 430.3 

(Materials Incorporated by Reference), 

and appendix T as follows: 

(1) Incorporate by reference ASME 

A112.19.2–2018, ‘‘Ceramic plumbing 

fixtures,’’ with additional clarifying 

edits in appendix T; 

(2) Replace the current term ‘‘toilet’’ 

with ‘‘water closet;’’ ‘‘blowout toilet’’ 

and ‘‘blowout water closet’’ with 

‘‘blowout bowl water closet;’’ ‘‘gravity 

tank-type toilet’’ with ‘‘gravity flush 

tank water closet;’’ and ‘‘siphonic water 

closet’’ with ‘‘siphonic bowl water 

closet;’’ and 

(3) Add terms and corresponding 

definitions for ‘‘blowout bowl,’’ 

‘‘blowout action,’’ ‘‘gravity flush tank 

water closet,’’ ‘‘siphonic action,’’ 

‘‘siphonic bowl,’’ and ‘‘trough-type 

urinal.’’ 

The adopted amendments are 

summarized in Table II.1 compared to 

the test procedure provision prior to the 

amendment, as well as the reason for 

the adopted change. 

TABLE II.1—SUMMARY OF CHANGES IN THE AMENDED TEST PROCEDURES

DOE test procedures Amended test procedures Reason for the change 

Incorporates the 2008 version of ASME 

A112.19.2 for measurement of water consumption.

Incorporates the 2018 version of ASME 

A112.19.2, with additional clarifying edits to 

appendix T.

Industry TP update to ASME A112.19.2–2018. 


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6This reference includes Update No. 1, dated 

August 2009, and Update No. 2, dated March 2011. 

7The water consumption test is in Section 7.4 in 

ASME A112.19.2–2008, but Section 7.3 in ASME 

A112.19.2–2018. 

8While Figure 12 is not incorporated by reference 

in 10 CFR 430.3(h)(2), Figure 12 is referenced 

within section 7.1.1, which is incorporated by 

reference. 

TABLE II.1—SUMMARY OF CHANGES IN THE AMENDED TEST PROCEDURES—Continued 

DOE test procedures Amended test procedures Reason for the change 

Refers to both ‘‘toilet’’ and ‘‘water closet’’ but 

only defines ‘‘water closet’’.

Replaces ‘‘toilet’’ with ‘‘water closet’’ ............... Harmonizes terms and definitions with ASME 

A112.19.2–2018. 

Defines and refers to and the term ‘‘blowout 

toilet’’.

Defines the term ‘‘blowout bowl,’’ and refers to 

the term ‘‘blowout bowl water closet’’ in lieu 

of ‘‘blowout toilet’’ and ‘‘blowout water closet.’’ Additionally, defines the term ‘‘blowout 

action,’’ which is included within the definition of ‘‘blowout bowl’’.

Harmonizes terms and definitions with ASME 

A112.19.2–2018. 

Refers to the terms ‘‘gravity flush tank water 

closet’’ and ‘‘siphonic bowl,’’ but does not 

define either term.

Defines the terms ‘‘gravity flush tank water 

closet’’ and ‘‘siphonic bowl.’’ Refers to the 

term ‘‘gravity flush tank water closet’’ in lieu 

of ‘‘gravity flush tank-type toilet.’’ Refers to 

the term ‘‘siphonic bowl water closet’’ in lieu 

of ‘‘siphonic water closet.’’ Additionally, defines the term ‘‘siphonic action,’’ which is included within the definition of ‘‘siphonic 

bowl’’.

Harmonizes definitions with ASME A112.19.2– 

2018. 

Refers to the term ‘‘trough-type urinal,’’ but 

does not define it.

Defines the term ‘‘trough-type urinal’’ .............. Harmonizes the definition of the term with 

stakeholder recognized definition. 

DOE has determined that the 

amendments described in section III and 

adopted in this document will not alter 

the measured water use of water closets 

and urinals, or require retesting or 

recertification solely as a result of DOE’s 

adoption of the amendments to the test 

procedures. Additionally, DOE has 

determined that the amendments will 

not increase the cost of testing. 

Discussion of DOE’s actions are 

addressed in detail in section III of this 

document. 

The effective date for the amended 

test procedures adopted in this final 

rule is 30 days after publication of this 

document in the Federal Register. 

Representations of water use or 

efficiency must be based on testing in 

accordance with the amended test 

procedures beginning 180 days after the 

publication of this final rule. 

III. Discussion 

A. Scope of Applicability 

This final rule applies to both water 

closets and urinals, as defined in 10 

CFR 430.2. DOE defines a ‘‘water closet’’ 

as a plumbing fixture that has a watercontaining receptor that receives liquid 

and solid body waste, and upon 

actuation, conveys the waste through an 

exposed integral trap seal into a gravity 

drainage system, except such term does 

not include fixtures designed for 

installation in prisons. 10 CFR 430.2. 

DOE defines a ‘‘urinal’’ as a plumbing 

fixture that receives only liquid body 

waste and, on demand, conveys the 

waste through a trap seal into a gravity 

drainage system, except such term does 

not include fixtures designed for 

installations in prisons. Id. 

B. Updates to Industry Test Standards 

DOE’s test procedures for water 

closets and urinals in appendix T 

incorporate by reference ASME 

A112.19.2–2008,6 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, 8.6.4, Table 5 and Table 

6. These sections and tables provide 

procedures for testing and measuring 

water consumption, specifications for 

test apparatus, and other general 

requirements for the testing of water 

closets and urinals. 

ASME A112.19.2–2018, the current 

version of the industry test standard, 

amends pertinent sections of the 2008 

version incorporated into 10 CFR part 

430. These amendments include (1) 

editorial changes and clarification in 

sections 7.1.2, 7.3.2,7 8.6.4, and Figure 

12; 8 (2) a correction in section 8.2.1 to 

the water consumption static test 

pressure value for urinals to reflect the 

corresponding value in Table 6; and (3) 

additions to Table 5 that are not relevant 

to the water consumption test for water 

closets. In the May 2021 NOPR, DOE 

had tentatively determined that the 

amendments would not impact the 

measured values of water use for water 

closets and urinals under appendix T, 

the representativeness of the results, or 

the test burden. Accordingly, DOE 

proposed to incorporate by reference 

ASME A112.19.2–2018 and requested 

comment. 86 FR 27281, 27284. 

The CA IOUs and PMI recommended 

that DOE incorporate the latest version 

of the industry test standard, ASME 

A112.19.2–2018. (CA IOUs, No. 11 at 

p. 2; PMI, No. 13 at p. 1) DOE did not 

receive any other comments regarding 

the industry standard update. For the 

reasons discussed in the May 2021 

NOPR and presented in the preceding 

paragraphs, in this final rule DOE 

incorporates by reference the latest 

industry test standard, ASME 

A112.19.2–2018. 

DOE also proposed in the May 2021 

NOPR to remove references to Sections 

7.1 and 8.2 of ASME A112.19.2–2018 in 

appendix T because those sections were 

superfluous and did not provide 

specifications needed for performing the 

DOE test procedures. DOE requested 

comments on the proposal. 86 FR 

27281, 27284–27285. DOE did not 

receive any comments on this proposal. 

DOE removes these superfluous 

references in this final rule as proposed 

in the May 2021 NOPR. 

C. Definitions 

Several terms and definitions in 

ASME A112.19.2–2018 relevant to water 

closets and urinals vary from those in 

DOE regulations, including terms not 

defined in 10 CFR 430.2. In the May 

2021 NOPR, DOE proposed 

amendments to a number of definitions, 

which are presented in Table III.1, and 

requested comment on the proposed 

definitions. 86 FR 27281, 27285–27287. 


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TABLE III.1—WATER CLOSETS AND URINALS: TERMS AND DEFINITIONS

Term 

Usage in appendix T, 

10 CFR 430.32(q) or 

10 CFR 430.32(r) 

DOE definition 

(10 CFR 430.2) 

ASME definition 

(A112.19.2–2018) 

DOE’s 

proposal 

Toilet ................... 10 CFR 430.32(q) .......... None ................................................. None ................................................. Replace term with 

‘‘water closet.’’ 

Electromechanical 

hydraulic toilet.

10 CFR 430.32(q) .......... A water closet that utilizes electrically operated devices such as, 

but not limited to, air compressors, 

pumps, solenoids, motors, or macerators in place of or to aid gravity 

in evacuating waste from the toilet.

None ................................................. Replace term with 

‘‘electromechanical hydraulic 

water closet’’ 

while maintaining existing definition. 

Electro-hydraulic 

water closet.

Not used ........................ None ................................................. A water closet with a nonmechanical 

trap seal incorporating an electric 

motor and controller to facilitate 

flushing.

No update. 

Blowout bowl ....... appendix T ..................... None ................................................. A non-siphonic water closet bowl 

with an integral flushing rim, a trap 

at the rear of the bowl, and a visible or concealed jet that operates 

with a blowout action.

Adopt ASME 

A112.19.2– 

2018 definition. 

Blowout action ..... Not used ........................ None ................................................. A means of flushing a water closet 

whereby a jet of water directed at 

the bowl outlet opening pushes 

the bowl contents into the upleg, 

over the weir, and into the gravity 

drainage system.

Adopt ASME 

A112.19.2– 

2018 definition. 

Blowout toilet ....... 10 CFR 430.32(q) .......... A water closet that uses a nonsiphonic bowl with an integral 

flushing rim, a trap at the rear of 

the bowl, and a visible or concealed jet that operates with a 

blowout action.

None ................................................. Replace term with 

‘‘blowout bowl 

water closet.’’ 

Blowout water 

closet.

appendix T ..................... None ................................................. None ................................................. Replace term with 

‘‘blowout bowl 

water closet.’’ 

Gravity flush tank 

water closet.

appendix T ..................... None ................................................. A water closet designed to flush the 

bowl with water supplied by gravity only.

Adopt ASME 

A112.19.2– 

2018 definition. 

Gravity tank-type 

toilet.

10 CFR 430.32(q) .......... None ................................................. None ................................................. Replace term with 

‘‘gravity flush 

tank water closet.’’ 

Siphonic bowl ...... appendix T ..................... None ................................................. A water closet bowl that has an integral flushing rim, a trap at the 

front or rear, and a floor or wall 

outlet, and operated with a 

siphonic action (with or without a 

jet).

Adopt ASME 

A112.19.2– 

2018 definition. 

Siphonic action .... Not used ........................ None ................................................. The movement of water through a 

flushing fixture by creating a siphon to remove waste material.

Adopt ASME 

A112.19.2– 

2018 definition. 

Siphonic water 

closet.

appendix T ..................... None ................................................. None ................................................. Replace term with 

‘‘siphonic bowl 

water closet.’’ 

Trough-type urinal 10 CFR 430.32(r) ........... None ................................................. None ................................................. Adopt California’s 

regulatory definition (‘‘a urinal 

designed for simultaneous use 

by two or more 

persons.’’) 

In response to the May 2021 NOPR, 

the CA IOUs expressed support for the 

proposed definitions. (CA IOUs, No. 11 

at p. 1) DOE did not receive any other 

comments on the proposed terms and 

definitions. In this final rule, DOE 

incorporates the terms and definitions 

as proposed in the May 2021 NOPR. 

DOE has determined that the 

amendments to the terms and 

definitions adopted in this final rule 

provide greater consistency with the 

referenced industry standard and avoid 

potential confusion in the use of the 

terms. 

D. Test Pressure 

Sections 3.a.(ii) and 3.b of appendix T 

require water closets and urinals to be 

tested at various test pressures, as 


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16380 Federal Register / Vol. 87, No. 56 / Wednesday, March 23, 2022 / Rules and Regulations 

9 Kunkel Water Efficiency Consulting. 2017. 

Report on the Evaluation of Water Audit Data for 

Pennsylvania Water Utilities. www.nrdc.org/ 

resources/report-evaluation-water-audit-datapennsylvania-water-utilities. 

10 Kunkel Water Efficiency Consulting. 2017. 

Report on the Evaluation of Water Audit Data for 

New Jersey Water Utilities. www.nrdc.org/sites/ 

default/files/nj-utilities-water-audit-dataevaluation-20170110.pdf. 

11Water Audit Reference dataset (‘‘WARD’’) 

summary data is accessible at www.awwa.org/ 

Resources-Tools/Resource-Topics/Water-LossControl/Free-Water-Audit-Software. 

12Per the 2021 Uniform Plumbing Code 

(‘‘UPC’’)—which represents the most current 

approaches in the plumbing field, is developed 

under the American National Standards Institute 

(‘‘ANSI’’) Consensus process, and is designated as 

an American National Standard by ANSI—for water 

supply piping exceeding 80 psi, an ‘‘approved-type 

pressure regulator preceded by an adequate strainer 

shall be installed and the static pressure reduced to 

80 psi or less.’’ 

13 ‘‘Water Supply Committee of the Great Lakes– 

Upper Mississippi River Board of State and 

Provincial Public Health and Environmental 

Managers Recommended Standards for Water 

Works’’. 

specified in Table III.2. Sections 3.a.(ii) 

and 3.b of appendix T also requires that 

a test be performed three times at each 

required pressure. The final measured 

flush volume for each tested unit is the 

average of the total flush volumes 

recorded at all test pressures. 

TABLE III.2—REQUIRED TEST

PRESSURES IN APPENDIX T 

Product configuration 

Test 

pressures 

(pounds per 

square inch 

(‘‘psi’’)) 

Flushometer valve water closets with 

siphonic bowl ................................... 35, 80 

Flushometer valve water closets with 

a blowout bowl ................................. 45, 80 

Tank-type water closets ...................... 20, 50, 80 

Urinals ................................................. 25, 80 

In the May 2021 NOPR, DOE 

proposed to maintain the water pressure 

and averaging requirements in appendix 

T, consistent with the industry test 

standard requirements. 86 FR 27281, 

27285, 27288. 

NRDC and ASAP commented that 

averaging the high and low water 

pressure may not make the test 

procedure representative of installations 

in higher pressure locations. They cited 

water loss audit reports in 

Pennsylvania 9 and New Jersey 10

showing that both states reported a 

minimum system pressure of 40 psi; a 

median system pressure of 75 and 58 

psi, respectively; a 90th percentile 

system pressure of 100 and 82 psi, 

respectively; and a maximum system 

pressure of 150 and 140 psi, 

respectively. NRDC and ASAP asserted 

that since no system in either state 

reported an average system pressure of 

less than 40 psi, giving equal weight to 

results of the tests conducted at 20, 25, 

or 35 psi with test results conducted at 

80 psi could not possibly provide a 

representation of most real-world 

conditions. NRDC and ASAP further 

cited data compiled by the American 

Water Works Association, showing data 

from California, Georgia, and Quebec, 

which reported higher system water 

pressures than the DOE test 

procedures.11 They argued that to the 

extent that the operation of some 

flushometer valves is significantly 

impacted by water line pressure at the 

point of installation, a higher pressure 

contributes to higher water 

consumption, and asserted that the 

averaging of high and low test pressure 

results may mask non-compliance by 

water closets and urinals when installed 

at higher pressure locations. NRDC and 

ASAP recommended that DOE require 

that the test results at each test pressure 

be subject to the maximum flush 

volume of the standard, rather than 

averaging water consumption across all 

test pressures to determine compliance 

with the standard. NRDC and ASAP 

asserted that since such a change would 

be a revision in the calculation of test 

data, it would therefore not impose any 

additional testing burden on 

manufacturers. (NRDC and ASAP, No. 

12 at pp. 3–5) 

PMI commented that DOE’s current 

test method of averaging results at 

different test pressure should remain 

unchanged. PMI stated that the 

requirements are consistent with the 

industry standards, and that any 

deviations from these requirements 

could result in an unnecessary cost 

burden to manufacturers. (PMI, No. 12 

at p. 1) 

DOE carefully reviewed the data 

provided by NRDC and ASAP. DOE 

notes that the water pressures identified 

in the datasets provided are system 

pressures (i.e., pressure at the utility), 

and not the pressures at the point of 

installation, where water closets and 

urinals are connected. The water 

pressure within the system lines may 

not correspond to the water pressure at 

the point of installation of products 

within a building, as explained in the 

following paragraphs. As such, the 

range of system pressures presented is 

not directly relevant to appropriate test 

pressure for water closets and urinals. 

DOE does not have data and is not 

aware of national level data regarding 

the range of water pressures at point of 

product installation. However, the range 

of pressures specified in the DOE test 

procedures (i.e., 20 psi minimum to 80 

psi maximum) represent the range of 

pressures expected to be experienced at 

the point of product installation, for the 

reasons that follow. In locations at 

which the system pressure is greater 

than 80 psi, pressure reducing valves 

would likely be used to prevent damage 

to customer plumbing, hot water 

heaters, and other customer devices.12

This supports using 80 psi as the 

maximum test pressure required for 

appendix T, absent point-of-installation 

data. Relevant to the defining minimum 

test pressures, DOE notes that water 

pressure within a building may vary 

based on location of installation (i.e., 

water pressure typically decreases at 

upper building levels). Additionally, 

water pressure may fluctuate based on 

water demand within a building at the 

time of use (e.g., multiple water 

consuming appliances being operated at 

the same time). 

Both the Pennsylvania and New 

Jersey reports discuss that the ‘‘Ten 

State Standards’’ 13 stipulate that water 

systems ‘‘shall be designed to maintain 

a minimum pressure of 20 psi at ground 

level at all points in the distribution 

system under all conditions of flow.’’ 

This supports using 20 psi as the 

minimum test pressure required for 

appendix T (for tank-type water closets), 

absent point-of-installation data. 

EPCA requires that the test 

procedures for water closets and urinals 

be reasonably designed to produce test 

results which reflect water use during a 

representative average use cycle. (42 

U.S.C. 6293(b)(3)) As discussed, the 

water pressure at point of installation of 

water closet or urinal may vary from 

location to location and may also vary 

at a given location depending on 

competing water demands at the time of 

operation. Commenters’ suggestion to 

require compliance at each test pressure 

would effectively result in test 

measurements representative of 

operation at the upper and lower ends 

of the range of pressures expected in the 

field, rather than reflecting 

representative average performance 

across the range of varying water 

pressures. Moreover, commenters’ 

suggestion would effectively result in a 

water closet or urinal basic model being 

subject to more than one standard, 

without clear statutory authorization for 

more than one standard for this product. 

(See 42 U.S.C. 6292(6)(a)). Therefore, in 

this final rule, DOE is maintaining the 

current test pressures and the 

requirement to average flush volume 

across test pressures. 

In the May 2021 NOPR, DOE also 

proposed to remove the static pressure 

requirements for flushometer valve 


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Federal Register / Vol. 87, No. 56 / Wednesday, March 23, 2022 / Rules and Regulations 16381 

water closets (with a siphonic bowl and 

blowout bowl) in section 3.a.(ii) of 

appendix T, and instead reference the 

static pressure requirement provided in 

Table 5 of ASME A112.19.2–2018. DOE 

noted that the static pressure was 

specified in appendix T only because 

ASME A112.19.2–2008 (the version of 

the standard incorporated by reference 

in appendix T) published incorrect 

static pressure requirements for 

flushometer valve water closets; 

however, this is now corrected in ASME 

A112.19.2–2018. Finally, in Section 3.b 

of appendix T, DOE proposed to replace 

the reference to Section 8.6.4 of ASME 

A112.19.2–2008 with Table 6 of ASME 

A112.19.2–2018 to directly reference the 

test pressures. DOE noted that while 

Section 8.6.4 references Table 6 for the 

required test pressures, Section 8.6.4 

also provides performance 

specifications that are not relevant for 

the purpose of meeting DOE water use 

standards in 10 CFR 430.32(r). DOE 

requested comment on all the proposals. 

86 FR 27281, 27285, 27288–27289. DOE 

did not receive any specific comments 

on these proposals. For the reasons 

discussed in this paragraph and in the 

May 2021 NOPR, DOE incorporates 

these edits in this final rule. 

E. Additional Directions Regarding 

Recorded & Calculated Values 

Appendix T provides additional 

direction regarding the resolution of the 

recorded values; rounding of recorded 

and calculated values; and test set-up as 

it relates to manufacturer installation 

instructions, which are not specified in 

the industry test standard, but needed 

for compliance purposes. In the May 

2021 NOPR, DOE proposed to maintain 

the additional direction in appendix T. 

86 FR 27281, 27289. In response, NRDC 

and ASAP agreed that the additional 

directions to the industry standard in 

appendix T need to be maintained. 

(NRDC and ASAP, No. 12 at p. 1) DOE 

continues to maintain the additional 

directions in this final rule. 

DOE also received several comments 

in response to the May 2021 NOPR 

regarding the instrument resolution 

required by the ASME and DOE test 

procedures. NRDC and ASAP 

commented that the ASME standard 

requires an apparatus capable of reading 

increments not exceeding 0.07 gallons 

and this lets the results of each test run 

be rounded down to the nearest 0.07 

gallons. NRDC and ASAP asserted that 

this allows results that may not be 

representative, or results that may mask 

differences in performance between 

models, and allows products to exceed 

the standard by 0.07 gallons per flush. 

They noted that the DOE certification 

reports require rounding to the nearest 

0.01 gallons. Accordingly, NRDC and 

ASAP recommended that DOE increase 

the required resolution of the test 

procedure water use measurement to 

0.01 gallons and require rounding the 

test results to the nearest 0.01 gallons. 

Alternatively, they commented that 

absent more precise measurement 

increments, DOE should consider 

increasing the number of repetitions at 

each pressure to five tests and require 

five models to be tested for each basic 

model. (Efficiency Advocates, No. 12 at 

pp. 1–3) 

PMI opposed DOE implementing an 

instrument resolution of 0.01 gallons 

and urged DOE to maintain the current 

resolution specifications. PMI stated 

that changing the industry standard 

specification of rounding down to the 

nearest 0.07 gallon would cause some 

water closets that are currently 

compliant with standards to no longer 

be compliant. PMI stated that although 

the instruments and equipment have a 

resolution of 0.01 gallons and fall 

within the tolerances of calibration, fill 

valves on plumbing products are inexact 

and often have variations between 

flushes that are greater than 0.01 

gallons. PMI stated that this is impacted 

by the water line and by manufacturing 

tolerances. PMI asserted that 

manufacturers need to be able to round 

down the total flush volume to the 

nearest 0.07 gallons to account for such 

factors. PMI stated that changing the 

current instrument resolution of 0.07 to 

a value of 0.01 to match the DOE 

reporting requirements would require 

manufacturers and test labs to provide 

additional investments in equipment 

and training, as well as the necessary retesting and re-certification. PMI stated 

that it is unaware of any effort to subvert 

the water saving goals provided by the 

current test procedures, and that third 

party testing and certification 

requirements in Section 7.3 of ASME 

A112.19.2/CSA B45.1 adds additional 

layers of safeguards against such 

manipulation. (PMI, No. 13 at p. 2) 

The rounding resolution in Sections 

7.3.2 and 8.6.1 of ASME A112.19.2– 

2018 reflects the resolution 

specifications of the equipment required 

for use in the test procedures, including 

the receiving vessel, the load cell and 

other apparatus capable of measuring 

volumes (at 0.07 gallons, or 0.25 liters). 

As noted by PMI, although the 

instruments and equipment used in 

testing often have a resolution of 0.01 

gallons, the larger tolerance at 0.07 

gallons is to allow variations with 

inexact fill valves and manufacturing 

tolerances. Further, Section 7.3.3 and 

8.6.2 of ASME A112.19.2–2018 requires 

that the tests be repeated three times at 

each of the test pressures. In addition, 

DOE sampling requirements for 

represented values of water 

consumption require that the minimum 

number of units tested shall be no fewer 

than two. See 10 CFR 429.30 and 10 

CFR 429.31. As discussed in the May 

2021 NOPR, a basic model must comply 

with the applicable energy conservation 

standard to be distributed in commerce. 

Individual test measurements may vary 

within the sample for a given basic 

model, but all of the measurement 

cannot systemically test more 

consumptive than the standard when 

certification testing is being conducted 

in order to obtain a valid representation. 

With no fewer than two sample units 

per basic model and three runs per unit, 

DOE believes the variation in the final 

represented value will be minimal. 

Consistent with comments from PMI, 

DOE has no evidence to suggest that 

manufacturers are using rounding 

requirements as a means to exploit 

compliance with water conservation 

standards for these products. DOE 

expects that changes in equipment 

resolution and rounding requirements 

or any considerations to increase 

repetitions at each pressure would 

require currently certified water closets 

and urinals to be retested and 

recertified. Requiring improved 

resolution or more tests would create 

additional manufacturer burden without 

clear benefits, given the testing and 

sampling requirements discussed. For 

all the reasons presented, DOE is 

maintaining the current specifications 

in appendix T regarding measurement 

and rounding specifications. 

F. Connected and Electronic Products 

In response to the May 2021 NOPR, 

CA IOUs commented that they support 

DOE continuing to evaluate integrating 

connected (i.e., Smart Technology) 

products. They also stated that in part 

due to the COVID–19 Pandemic, they 

expect more widespread adoption of 

electronic, hand-free flushing operations 

for water closets and urinals. As such, 

they are concerned that future demand 

may increase standby energy 

consumption in the future. They 

encouraged DOE to further evaluate 

touchless technology and sensors 

including ultrasonic, mechanical 

vibration-based approaches, and radiofrequency identification readers. 

However, CA IOUs commented that 

they do not believe the current test 

procedures impedes any advances in 

‘‘smart’’ functionalities. (CA IOUs, No. 

11 at p. 3) At this time, DOE is not 

making any changes to the test 

procedures to incorporate ‘‘smart’’ 


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14The size standards are listed by NAICS code 

and industry description and are available at: 

functionalities or electronic operation 

but will continue to evaluate any new 

technologies in future rulemakings. 

G. Clarifications to 10 CFR 430.23 and 

Appendix T 

In the May 2021 NOPR, DOE 

proposed to replace the language ‘‘the 

maximum permissible water use 

allowed’’ in 10 CFR 430.23(u) and 10 

CFR 430.23(v) with ‘‘the water use’’. 

DOE noted that this amendment would 

clarify that the DOE test procedures 

measure water use, whereas the 

standards in 10 CFR 430.32(q) and (r) 

establish the maximum allowable water 

use for water closets and urinals, 

respectively. DOE requested comment 

on this proposal. 86 FR 27281, 27290. 

DOE did not receive any comments on 

this proposal. For the reasons discussed 

in the May 2021 NOPR, DOE 

incorporates these edits in this final 

rule. 

In this final rule, DOE has also 

modified 10 CFR 430.23(q) to 

incorporate all water closet types and 

their maximum flush rates into one 

centralized table. The dates when each 

energy conservation standards are 

applicable are shown in the table. This 

section was updated for ease of reading 

and added clarity only. DOE notes that 

the energy conservation standards based 

on each water closet type remains 

unchanged with this update. 

In this final rule, DOE has also added 

additional clarification in appendix T to 

describe that when measuring the flush 

volume at a given pressure, 

manufacturers are to average the 

individual flush volumes at a given 

pressure from the three tests. The final 

measured flush volume for each unit, is 

the average of the total flush volumes 

recorded at each test pressure. This 

update aligns with the industry 

standard and does not change current 

practices. The additions only provide 

clarity to the order of averaging tests 

when conducting the flush volume test 

for water closets and urinals. As such, 

DOE has adopted these clarifications in 

this final rule. 

Lastly, in this final rule, DOE has 

made minor editorial changes to some of 

the language in appendix T to improve 

readability. This includes text 

consistent with ASME A112.19.2–2018 

clarifying the sequence of averaging and 

converting the water closet standards 

from text into a chart substantively the 

same as the proposed regulatory text. 

These edits do not impact the results of 

the test procedure and as such, are 

adopted in this final rule. 

H. Test Procedure Costs 

In this final rule, DOE amends the test 

procedures for water closets and urinals 

to reference the most recent update to 

the relevant industry standard, ASME 

112.19.2–2018. In addition, DOE is also 

amending certain definitions, and 

adding definitions for a number of terms 

which are currently used in the Federal 

test procedures but not defined. The 

adopted amendments are consistent 

with current industry standards, and 

therefore would not impact the 

measured values of water use for water 

closets and urinals under appendix T, 

assuming current industry practice is to 

follow those standards. In accordance 

with EPCA, DOE has determined that 

these adopted amendments will not be 

unduly burdensome for manufacturers 

to conduct. Further, DOE has 

determined that the adopted test 

procedure amendments will not impact 

testing costs already experienced by 

manufacturers. 

I. Effective and Compliance Dates 

The effective date for the adopted test 

procedure amendment will be 30 days 

after publication of this final rule in the 

Federal Register. EPCA prescribes that 

all representations of energy efficiency 

and energy use, including those made 

on marketing materials and product 

labels, must be made in accordance with 

an amended test procedure, beginning 

180 days after publication of the final 

rule in the Federal Register. (42 U.S.C. 

6293(c)(2)) EPCA provides an allowance 

for individual manufacturers to petition 

DOE for an extension of the 180-day 

period if the manufacturer may 

experience undue hardship in meeting 

the deadline. (42 U.S.C. 6293(c)(3)) To 

receive such an extension, petitions 

must be filed with DOE no later than 60 

days before the end of the 180-day 

period and must detail how the 

manufacturer will experience undue 

hardship. (Id.) 

IV. Procedural Issues and Regulatory 

Review 

A. Review Under Executive Order 12866 

The Office of Management and Budget 

(‘‘OMB’’) has determined this test 

procedure rulemaking does not 

constitute a ‘‘significant regulatory 

action’’ under section 3(f) of Executive 

Order (‘‘E.O.’’) 12866, Regulatory 

Planning and Review, 58 FR 51735 (Oct. 

4, 1993). Accordingly, this action was 

not subject to review under the 

Executive Order by the Office of 

Information and Regulatory Affairs 

(‘‘OIRA’’) in OMB. 

B. Review Under the Regulatory 

Flexibility Act 

The Regulatory Flexibility Act (5 

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

of a final regulatory flexibility analysis 

(FRFA) for any final rule where the 

agency was first required by law to 

publish a proposed rule for public 

comment, unless the agency certifies 

that the rule, if promulgated, will not 

have a significant economic impact on 

a substantial number of small entities. 

As required by Executive Order 13272, 

‘‘Proper Consideration of Small Entities 

in Agency Rulemaking,’’ 67 FR 53461 

(August 16, 2002), DOE published 

procedures and policies on February 19, 

2003 to ensure that the potential 

impacts of its rules on small entities are 

properly considered during the DOE 

rulemaking process. 68 FR 7990. DOE 

has made its procedures and policies 

available on the Office of the General 

Counsel’s website: energy.gov/gc/officegeneral-counsel. 

In the May 2021 NOPR, DOE 

tentatively concluded that the impacts 

of the test procedure amendments 

proposed in the NOPR would not have 

a ‘‘significant economic impact on a 

substantial number of small entities,’’ 

and that the preparation of an initial 

regulatory flexibility analysis (IRFA) 

was not warranted, and that DOE would 

transmit the certification and supporting 

statement of factual basis to the Chief 

Counsel for Advocacy of the Small 

Business Administration for review. 

As stated, the amendments adopted in 

this final rule amend the test procedures 

for water closets and urinals, consistent 

with the most recent version of the 

referenced industry standard. In 

addition, DOE amends certain 

definitions, and adds definitions for the 

terms currently used in the Federal test 

procedures, but not currently defined. 

DOE has determined that the adopted 

test procedure amendments would not 

impact testing costs already experience 

by manufacturers. 

The amendments adopted in this final 

rule would not have significant 

economic impact on small businesses. 

The Small Business Administration 

(‘‘SBA’’) considers a business entity to 

be a small business, if, together with its 

affiliates, it employs less than a 

threshold number of workers or earns 

less than the average annual receipts 

specified in 13 CFR part 121. The 

threshold values set forth in these 

regulations use size standards and codes 

established by the North American 

Industry Classification System 

(‘‘NAICS’’).14 DOE used three NAICS 


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www.sba.gov/document/support--table-sizestandards (Last accessed on December 1, 2021). 

15Certified equipment in the CCD are listed by 

product class and can be accessed at 

www.regulations.doe.gov/certification-data/ 

#q=Product_Group_s%3A* (Last accessed 

December 1, 2021). 

codes to cover all potential products for 

this rulemaking: 327110 (pottery, 

ceramics, and plumbing fixture 

manufacturing); 326191 (plastics 

plumbing fixture manufacturing); 

332999 (all other miscellaneous 

fabricated metal product 

manufacturing). The threshold for 

NAICS classification code 327110 

(pottery, ceramics, and plumbing fixture 

manufacturing), which includes most 

urinals and water closets covered by 

this rulemaking, is 1,000 employees or 

fewer. The threshold for NAICS 

classification codes 326191 (plastics 

plumbing fixture manufacturing) and 

332999 (all other miscellaneous 

fabricated metal product manufacturing) 

is 750 employees or fewer. Since NAICS 

classification code 327110 includes the 

majority of water closet and urinal 

manufacturing and DOE assumes that 

most, if not all, water closet and urinal 

manufacturers make at least some 

products covered by that NAICS 

classification code, DOE used the more 

conservative 1,000 employee threshold 

value for this regulatory flexibility 

analysis. 

DOE collected data from DOE’s 

compliance certification database to 

identify manufacturers of water closets 

and urinals.15 DOE then consulted 

publicly-available data and contacted 

manufacturers, where needed, to 

determine if they meet the SBA’s 

definition of a ‘‘small business’’ and 

have their manufacturing facilities 

located within the United States. Based 

on this analysis, DOE identified 19 

small businesses that manufacture 

either water closets or urinals covered 

by the proposed test procedures. As 

noted previously, DOE concluded in the 

May 2021 NOPR that the proposed 

amendments to the test procedure 

would not have a ‘‘significant economic 

impact on a substantial number of small 

entities’’ because the amendments to the 

test procedure are largely updates to 

harmonize the DOE test procedure with 

the industry test procedure currently in 

use, and these updates will not increase 

the cost of testing nor require retesting 

and recertification of basic models. 

For the same reasons discussed in the 

May 2021 NOPR, DOE concludes that 

the cost effects accruing from the final 

rule would not have a ‘‘significant 

economic impact on a substantial 

number of small entities,’’ and that the 

preparation of a FRFA is not warranted. 

DOE has submitted a certification and 

supporting statement of factual basis to 

the Chief Counsel for Advocacy of the 

Small Business Administration for 

review under 5 U.S.C. 605(b). 

C. Review Under the Paperwork 

Reduction Act of 1995 

Manufacturers of water closets and 

urinals must certify to DOE that their 

products comply with any applicable 

energy conservation standards. To 

certify compliance, manufacturers must 

first obtain test data for their products 

according to the DOE test procedures, 

including any amendments adopted for 

those test procedures. DOE has 

established regulations for the 

certification and recordkeeping 

requirements for all covered consumer 

products and commercial equipment, 

including water closets and urinals. (See 

generally 10 CFR part 429.) The 

collection-of-information requirement 

for the certification and recordkeeping 

is subject to review and approval by 

OMB under the Paperwork Reduction 

Act (PRA). This requirement has been 

approved by OMB under OMB control 

number 1910–1400. Public reporting 

burden for the certification is estimated 

to average 35 hours per response, 

including the time for reviewing 

instructions, searching existing data 

sources, gathering and maintaining the 

data needed, and completing and 

reviewing the collection of information. 

Notwithstanding any other provision 

of the law, no person is required to 

respond to, nor shall any person be 

subject to a penalty for failure to comply 

with, a collection of information subject 

to the requirements of the PRA, unless 

that collection of information displays a 

currently valid OMB Control Number. 

D. Review Under the National 

Environmental Policy Act of 1969 

In this final rule, DOE establishes test 

procedure amendments that it expects 

will be used to develop and implement 

future energy conservation standards for 

water closets and urinals. DOE has 

determined that this rule falls into a 

class of actions that are categorically 

excluded from review under the 

National Environmental Policy Act of 

1969 (42 U.S.C. 4321 et seq.) and DOE’s 

implementing regulations at 10 CFR part 

1021. Specifically, DOE has determined 

that adopting test procedures for 

measuring energy efficiency of 

consumer products and industrial 

equipment is consistent with activities 

identified in 10 CFR part 1021, 

appendix A to subpart D, A5 and A6. 

Accordingly, neither an environmental 

assessment nor an environmental 

impact statement is required. 

E. Review Under Executive Order 13132 

Executive Order 13132, ‘‘Federalism,’’ 

64 FR 43255 (August 4, 1999), imposes 

certain requirements on agencies 

formulating and implementing policies 

or regulations that preempt State law or 

that have Federalism implications. The 

Executive order requires agencies to 

examine the constitutional and statutory 

authority supporting any action that 

would limit the policymaking discretion 

of the States and to carefully assess the 

necessity for such actions. The 

Executive order also requires agencies to 

have an accountable process to ensure 

meaningful and timely input by State 

and local officials in the development of 

regulatory policies that have Federalism 

implications. On March 14, 2000, DOE 

published a statement of policy 

describing the intergovernmental 

consultation process it will follow in the 

development of such regulations. 65 FR 

13735. DOE examined this final rule 

and determined that it will not have a 

substantial direct effect on the States, on 

the relationship between the national 

government and the States, or on the 

distribution of power and 

responsibilities among the various 

levels of government. EPCA governs and 

prescribes Federal preemption of State 

regulations as to energy conservation for 

the products that are the subject of this 

final rule. States can petition DOE for 

exemption from such preemption to the 

extent, and based on criteria, set forth in 

EPCA. (42 U.S.C. 6297(d)) No further 

action is required by Executive Order 

13132. 

F. Review Under Executive Order 12988 

Regarding the review of existing 

regulations and the promulgation of 

new regulations, section 3(a) of 

Executive Order 12988, ‘‘Civil Justice 

Reform,’’ 61 FR 4729 (Feb. 7, 1996), 

imposes on Federal agencies the general 

duty to adhere to the following 

requirements: (1) Eliminate drafting 

errors and ambiguity; (2) write 

regulations to minimize litigation; (3) 

provide a clear legal standard for 

affected conduct rather than a general 

standard; and (4) promote simplification 

and burden reduction. Section 3(b) of 

Executive Order 12988 specifically 

requires that Executive agencies make 

every reasonable effort to ensure that the 

regulation (1) clearly specifies the 

preemptive effect, if any; (2) clearly 

specifies any effect on existing Federal 

law or regulation; (3) provides a clear 

legal standard for affected conduct 

while promoting simplification and 

burden reduction; (4) specifies the 

retroactive effect, if any; (5) adequately 

defines key terms; and (6) addresses 


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other important issues affecting clarity 

and general draftsmanship under any 

guidelines issued by the Attorney 

General. Section 3(c) of Executive Order 

12988 requires executive agencies to 

review regulations in light of applicable 

standards in sections 3(a) and 3(b) to 

determine whether they are met, or it is 

unreasonable to meet one or more of 

them. DOE has completed the required 

review and determined that, to the 

extent permitted by law, this final rule 

meets the relevant standards of 

Executive Order 12988. 

G. Review Under the Unfunded 

Mandates Reform Act of 1995 

Title II of the Unfunded Mandates 

Reform Act of 1995 (‘‘UMRA’’) requires 

each Federal agency to assess the effects 

of Federal regulatory actions on State, 

local, and Tribal governments and the 

private sector. Public Law 104–4, sec. 

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

regulatory action resulting in a rule that 

may cause the expenditure by State, 

local, and Tribal governments, in the 

aggregate, or by the private sector of 

$100 million or more in any one year 

(adjusted annually for inflation), section 

202 of UMRA requires a Federal agency 

to publish a written statement that 

estimates the resulting costs, benefits, 

and other effects on the national 

economy. (2 U.S.C. 1532(a), (b)) The 

UMRA also requires a Federal agency to 

develop an effective process to permit 

timely input by elected officers of State, 

local, and Tribal governments on a 

proposed ‘‘significant intergovernmental 

mandate,’’ and requires an agency plan 

for giving notice and opportunity for 

timely input to potentially affected 

small governments before establishing 

any requirements that might 

significantly or uniquely affect small 

governments. On March 18, 1997, DOE 

published a statement of policy on its 

process for intergovernmental 

consultation under UMRA. 62 FR 

12820; also available at http://

energy.gov/gc/office-general-counsel. 

DOE examined this final rule according 

to UMRA and its statement of policy 

and determined that the rule contains 

neither an intergovernmental mandate, 

nor a mandate that may result in the 

expenditure of $100 million or more in 

any year, so these requirements do not 

apply. 

H. Review Under the Treasury and 

General Government Appropriations 

Act, 1999 

Section 654 of the Treasury and 

General Government Appropriations 

Act, 1999 (Pub. L. 105–277) requires 

Federal agencies to issue a Family 

Policymaking Assessment for any rule 

that may affect family well-being. This 

final rule will not have any impact on 

the autonomy or integrity of the family 

as an institution. Accordingly, DOE has 

concluded that it is not necessary to 

prepare a Family Policymaking 

Assessment. 

I. Review Under Executive Order 12630 

DOE has determined, under Executive 

Order 12630, ‘‘Governmental Actions 

and Interference with Constitutionally 

Protected Property Rights’’ 53 FR 8859 

(March 18, 1988), that this regulation 

will not result in any takings that might 

require compensation under the Fifth 

Amendment to the U.S. Constitution. 

J. Review Under Treasury and General 

Government Appropriations Act, 2001 

Section 515 of the Treasury and 

General Government Appropriations 

Act, 2001 (44 U.S.C. 3516 note) provides 

for agencies to review most 

disseminations of information to the 

public under guidelines established by 

each agency pursuant to general 

guidelines issued by OMB. OMB’s 

guidelines were published at 67 FR 

8452 (Feb. 22, 2002), and DOE’s 

guidelines were published at 67 FR 

62446 (Oct. 7, 2002). Pursuant to OMB 

Memorandum M–19–15, Improving 

Implementation of the Information 

Quality Act (April 24, 2019), DOE 

published updated guidelines which are 

available at https://www.energy.gov/ 

sites/prod/files/2019/12/f70/DOE

%20Final%20Updated%20IQA%20

Guidelines%20Dec%202019.pdf. DOE 

has reviewed this final rule under the 

OMB and DOE guidelines and has 

concluded that it is consistent with 

applicable policies in those guidelines. 

K. Review Under Executive Order 13211 

Executive Order 13211, ‘‘Actions 

Concerning Regulations That 

Significantly Affect Energy Supply, 

Distribution, or Use,’’ 66 FR 28355 (May 

22, 2001), requires Federal agencies to 

prepare and submit to OMB, a 

Statement of Energy Effects for any 

significant energy action. A ‘‘significant 

energy action’’ is defined as any action 

by an agency that promulgated or is 

expected to lead to promulgation of a 

final rule, and that (1) is a significant 

regulatory action under Executive Order 

12866, or any successor order; and (2) 

is likely to have a significant adverse 

effect on the supply, distribution, or use 

of energy; or (3) is designated by the 

Administrator of OIRA as a significant 

energy action. For any significant energy 

action, the agency must give a detailed 

statement of any adverse effects on 

energy supply, distribution, or use if the 

regulation is implemented, and of 

reasonable alternatives to the action and 

their expected benefits on energy 

supply, distribution, and use. 

This regulatory action is not a 

significant regulatory action under 

Executive Order 12866. Moreover, it 

would not have a significant adverse 

effect on the supply, distribution, or use 

of energy, nor has it been designated as 

a significant energy action by the 

Administrator of OIRA. Therefore, it is 

not a significant energy action, and, 

accordingly, DOE has not prepared a 

Statement of Energy Effects. 

L. Review Under Section 32 of the 

Federal Energy Administration Act of 

1974 

Under section 301 of the Department 

of Energy Organization Act (Pub. L. 95– 

91; 42 U.S.C. 7101), DOE must comply 

with section 32 of the Federal Energy 

Administration Act of 1974, as amended 

by the Federal Energy Administration 

Authorization Act of 1977. (15 U.S.C. 

788; ‘‘FEAA’’) Section 32 essentially 

provides in relevant part that, where a 

proposed rule authorizes or requires use 

of commercial standards, the notice of 

proposed rulemaking must inform the 

public of the use and background of 

such standards. In addition, section 

32(c) requires DOE to consult with the 

Attorney General and the Chairman of 

the Federal Trade Commission (‘‘FTC’’) 

concerning the impact of the 

commercial or industry standards on 

competition. 

The modifications to the test 

procedure for water closets and urinals 

adopted in this final rule incorporates 

testing methods contained in certain 

sections of the following commercial 

standards: ASME A112.19.2–2018. DOE 

has evaluated these standards and is 

unable to conclude whether it fully 

complies with the requirements of 

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

it was developed in a manner that fully 

provides for public participation, 

comment, and review.) DOE has 

consulted with both the Attorney 

General and the Chairman of the FTC 

about the impact on competition of 

using the methods contained in these 

standards and has received no 

comments objecting to their use. 

M. Congressional Notification 

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

report to Congress on the promulgation 

of this rule before its effective date. The 

report will state that it has been 

determined that the rule is not a ‘‘major 

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


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N. Description of Materials Incorporated 

by Reference 

In this final rule, DOE incorporates by 

reference the test jointly published by 

the American Society of Mechanical 

Engineers (‘‘ASME’’) and the Canadian 

Standards Association (‘‘CSA Group’’) 

designated ASME A112.19.2–2018. 

ASME A112.19.2–2018 is an industryaccepted test procedure that measures 

water consumption for water closets and 

urinals, and is applicable to products 

sold in North America. Specifically, the 

test procedure codified by this final rule 

references various sections of ASME 

A112.19.2–2018 that address test setup, 

apparatus, test conduct, and 

calculations. These sections of ASME 

A112.19.2–2018 are Section 7.1.1 ‘‘All 

tests,’’ Section 7.1.2 ‘‘Gravity flush tank 

water closets,’’ Section 7.1.3 

‘‘Flushometer tank, electro-hydraulic, or 

other pressurized flushing device water 

closets,’’ Section 7.1.4 ‘‘Flushometer 

valve water closets,’’ Section 7.1.5 

‘‘Procedures for standardizing the water 

supply system,’’ Section 7.3 ‘‘Water 

consumption test,’’ Section 8.2.1, 

Section 8.2.2, and Section 8.2.3, Section 

8.6 ‘‘Water Consumption Test,’’ Table 5 

‘‘Static test pressures for water closets, 

kPa (psi),’’ and Table 6 ‘‘Static test 

pressures for urinals, kPa (psi).’’ 

Copies of ASME A112.19.2–2018 may 

be purchased from the ASME at Three 

Park Avenue, New York, NY 10016, 1– 

800 843–2763, or by going to https://

www.asme.org/codes-standards/findcodes-standards/a112-19-2-csa-b45-1- 

ceramic-plumbing-fixtures?productKey=

J0121TM1:J0121TM1. 

V. Approval of the Office of the 

Secretary 

The Secretary of Energy has approved 

publication of this final rule. 

List of Subjects in 10 CFR Part 430 

Administrative practice and 

procedure, Confidential business 

information, Energy conservation, 

Household appliances, Imports, 

Incorporation by reference, 

Intergovernmental relations, Small 

businesses. 

Signing Authority 

This document of the Department of 

Energy was signed on March 17, 2022, 

by Kelly J. Speakes-Backman, Principal 

Deputy Assistant Secretary for Energy 

Efficiency and Renewable Energy, 

pursuant to delegated authority from the 

Secretary of Energy. That document 

with the original signature and date is 

maintained by DOE. For administrative 

purposes only, and in compliance with 

requirements of the Office of the Federal 

Register, the undersigned DOE Federal 

Register Liaison Officer has been 

authorized to sign and submit the 

document in electronic format for 

publication, as an official document of 

the Department of Energy. This 

administrative process in no way alters 

the legal effect of this document upon 

publication in the Federal Register. 

Signed in Washington, DC, on March 18, 

2022. 

Treena V. Garrett 

Federal Register Liaison Officer, U.S. 

Department of Energy. 

For the reasons stated in the 

preamble, DOE amends 10 CFR part 430 

as set forth below: 

PART 430—ENERGY CONSERVATION 

PROGRAM FOR CONSUMER 

PRODUCTS 

■ 1. The authority citation for part 430 

continues to read as follows: 

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

2461 note. 

■ 2. Section 430.2 is amended by: 

■ a. Adding in alphabetical order 

definitions for ‘‘Blowout action’’ and 

‘‘Blowout bowl’’; 

■ b. Removing the definition for 

‘‘Blowout toilet’’; 

■ c. Removing the definition of 

‘‘Electromechanical hydraulic toilet’’ 

and adding in its place a definition for 

‘‘Electromechanical hydraulic water 

closet’’; and 

■ d. Adding in alphabetical order 

definitions for ‘‘Gravity flush tank water 

closet’’, ‘‘Siphonic action’’, ‘‘Siphonic 

bowl’’, and ‘‘Trough-type urinal’’. 

The additions read as follows: 

§ 430.2 Definitions. 

* * * * * 

Blowout action means a means of 

flushing a water closet whereby a jet of 

water directed at the bowl outlet 

opening pushes the bowl contents into 

the upleg, over the weir, and into the 

gravity drainage system. 

Blowout bowl means a non-siphonic 

water closet bowl with an integral 

flushing rim, a trap at the rear of the 

bowl, and a visible or concealed jet that 

operates with a blowout action. 

* * * * * 

Electromechanical hydraulic water 

closet means any water closet that 

utilizes electrically operated devices, 

such as, but not limited to, air 

compressors, pumps, solenoids, motors, 

or macerators in place of or to aid 

gravity in evacuating waste from the 

toilet bowl. 

* * * * * 

Gravity flush tank water closet means 

a water closet designed to flush the 

bowl with water supplied by gravity 

only. 

* * * * * 

Siphonic action means the movement 

of water through a flushing fixture by 

creating a siphon to remove waste 

material. 

Siphonic bowl means a water closet 

bowl that has an integral flushing rim, 

a trap at the front or rear, and a floor or 

wall outlet, and operates with a 

siphonic action (with or without a jet). 

* * * * * 

Trough-type urinal means a urinal 

designed for simultaneous use by two or 

more people. 

* * * * * 

■ 3. Section 430.3 is amended by 

revising paragraph (a) and the 

introductory text to paragraph (h) and 

adding paragraph (h)(3) to read as 

follows: 

§ 430.3 Materials incorporated by 

reference. 

(a) Certain material is incorporated by 

reference into this part with the 

approval of the Director of the Federal 

Register in accordance with 5 U.S.C. 

552(a) and 1 CFR part 51. To enforce 

any edition other than that specified in 

this section, the U.S. Department of 

Energy (DOE) must publish a document 

in the Federal Register and the material 

must be available to the public. All 

approved material is available for 

inspection at the DOE and at the 

National Archives and Records 

Administration (NARA). Contact DOE 

at: The U.S. Department of Energy, 

Office of Energy Efficiency and 

Renewable Energy, Building 

Technologies Program, Sixth Floor, 950 

L’Enfant Plaza SW, Washington, DC 

20024, (202) 586–9127, Buildings@

ee.doe.gov, https://www.energy.gov/ 

eere/buildings/appliance-andequipment-standards-program. For 

information on the availability of this 

material at NARA, email: fr.inspection@

nara.gov, or go to: www.archives.gov/ 

federal-register/cfr/ibr-locations.html. 

The material may be obtained from the 

sources in the following paragraphs of 

this section. 

* * * * * 

(h) ASME. American Society of 

Mechanical Engineers, Three Park 

Avenue, New York, NY 10016–5990, 1– 

800 843–2763, or go to www.asme.org. 

* * * * * 

(3) ASME A112.19.2–2018/CSA 

B45.1–18 (‘‘ASME A112.19.2–2018’’), 

‘‘Ceramic plumbing fixtures’’, July 2018 

(including Errata—October 2018); IBR 

approved for appendix T to subpart B. 

* * * * * 


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■ 4. Section 430.23 is amended by 

revising paragraphs (u) and (v) to read 

as follows: 

§ 430.23 Test procedures for the 

measurement of energy and water 

consumption. 

* * * * * 

(u) Water closets. Measure the water 

use for water closets, expressed in 

gallons or liters per flush (gpf or Lpf), 

in accordance with section 3(a) of 

appendix T to this subpart. 

(v) Urinals. Measure the water use for 

urinals, expressed in gallons or liters 

per flush (gpf or Lpf), in accordance 

with section 3(b) of appendix T to this 

subpart. 

* * * * * 

■ 5. Appendix T to subpart B of part 430 

is revised to read as follows: 

Appendix T to Subpart B of Part 430— 

Uniform Test Method for Measuring the 

Water Consumption of Water Closets 

and Urinals 

Note: After September 19, 2022, 

representations made with respect to the 

water consumption of water closets or urinals 

must fairly disclose the results of testing 

pursuant to this appendix. 

On or after April 22, 2022 and prior to 

September 19, 2022 representations, 

including compliance certifications, made 

with respect to the water consumption of 

water closets or urinals must fairly disclose 

the results of testing pursuant to either this 

appendix or the appendix as it appeared at 

10 CFR part 430, subpart B, in the 10 CFR 

parts 200 to 499 edition revised as of January 

1, 2014. Representations made with respect 

to the water consumption of water closets or 

urinals tested within that range of time must 

fairly disclose the results of testing under the 

selected version. Given that after September 

19, 2022 representations with respect to the 

water consumption of water closets and 

urinals must be made in accordance with 

tests conducted pursuant to this appendix, 

manufacturers may wish to begin using this 

test procedure as soon as possible. 

0. Incorporation by Reference 

DOE incorporated by reference in § 430.3, 

the entire standard for ASME A112.19.2– 

2018; however, only enumerated provisions 

of that document apply to this appendix, as 

follows. Treat precatory language in ASME 

A112.19.2–2018 as mandatory for the 

purpose of testing. 

a. Section 7.1.1 ‘‘All tests,’’ including 

Figures 11 and 12, as specified in section 2.a 

of this appendix; 

b. Section 7.1.2 ‘‘Gravity flush tank water 

closets,’’ as specified in section 2.a of this 

appendix; 

c. Section 7.1.3 ‘‘Flushometer tank, electrohydraulic, or other pressurized flushing 

device water closets,’’ as specified in section 

2.a of this appendix; 

d. Section 7.1.4 ‘‘Flushometer valve water 

closets,’’ as specified in section 2.a of this 

appendix; 

e. Section 7.1.5 ‘‘Procedures for 

standardizing the water supply system,’’ 

including Figures 11 and 12, as specified in 

section 2.a of this appendix; 

f. Section 7.3 ‘‘Water consumption test,’’ as 

specified in section 3.a of this appendix, 

except sections 7.3.4 and 7.3.5; 

f. Section 8.2.1, including Figure 12, as 

specified in section 2.b of this appendix; 

g. Section 8.2.2, as specified in section 2.b 

of this appendix; 

h. Section 8.2.3, as specified in section 2.b 

of this appendix; 

i. Section 8.6 ‘‘Water Consumption Test,’’ 

as specified in section 3.b of this appendix, 

except sections 8.6.3 and 8.6.4; 

j. Table 5 ‘‘Static test pressures for water 

closets, kPa (psi),’’ as specified in sections 2.a 

and 3.a of this appendix; and 

k. Table 6 ‘‘Static test pressures for urinals, 

kPa (psi)’’ as specified in sections 2.a and 3.a 

of this appendix. 

In cases where there is a conflict, the 

language of the test procedure in this 

appendix takes precedence over ASME 

A112.19.2–2018. 

1. Scope 

This appendix sets forth the test 

requirements used to measure the hydraulic 

performances of water closets and urinals. 

2. Test Apparatus and General Instructions 

a. When testing a water closet, use the test 

apparatus and follow the instructions 

specified in Sections 7.1.1 (including Table 

5), 7.1.2, 7.1.3, 7.1.4, and 7.1.5 of ASME 

A112.19.2–2018). The flushometer valve 

used in the water consumption test must 

represent the maximum design flush volume 

of the water closet. Record each measurement 

at the resolution of the test apparatus. Round 

each calculation of water consumption for 

each tested unit to the same number of 

significant digits as the previous step. 

b. When testing a urinal, use the test 

apparatus and follow the instructions 

specified in Sections 8.2.1, 8.2.2, and 8.2.3 

(including Table 6) of ASME A112.19.2– 

2018. The flushometer valve used in the 

water consumption test must represent the 

maximum design flush volume of the urinal. 

Record each measurement at the resolution of 

the test apparatus. Round each calculation of 

water consumption for each tested unit to the 

same number of significant digits as the 

previous step. 

3. Test Measurement 

a. Water closets: 

(i) Measure the water flush volume for 

water closets, expressed in gallons per flush 

(gpf) or liters per flush (Lpf), in accordance 

with Section 7.3, Water Consumption Test, of 

ASME A112.19.2–2018. For dual-flush water 

closets, the measurement of the water flush 

volume shall be conducted separately for the 

full-flush and reduced-flush modes and in 

accordance with the test requirements 

specified Section 7.3, Water Consumption 

Test, of ASME A112.19.2–2018. The final 

measured flush volume for each tested unit 

is the average of the total flush volumes 

recorded at each test pressure as specified in 

Table 5 ‘‘Static test pressures for water 

closets, kPa (psi),’’ of ASME A112.19.2–2018, 

based on the average of the individual flush 

volumes at a given pressure from the three 

tests. 

(ii) Flush volume and tank trim component 

adjustments: For gravity flush tank water 

closets, set trim components that can be 

adjusted to cause an increase in flush 

volume, including (but not limited to) the 

flapper valve, fill valve, and tank water level, 

in accordance with the printed installation 

instructions supplied by the manufacturer 

with the unit. If the printed installation 

instructions for the model to be tested do not 

specify trim setting adjustments, adjust these 

trim components to the maximum water use 

setting so that the maximum flush volume is 

produced without causing the water closet to 

malfunction or leak. Set the water level in the 

tank to the maximum water line designated 

in the 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, adjust the 

water level to 1±0.1 inches below the top of 

the overflow tube or, for gravity flush tank 

water closets that do not contain an overflow 

tube, 1±0.1 inches below the top rim of the 

water-containing vessel for each designated 

pressure specified in Table 5 of ASME 

A112.19.2–2018. 

b. Urinals—Measure water flush volume 

for urinals, expressed in gallons per flush 

(gpf) or liters per flush (Lpf), in accordance 

with Section 8.6, Water Consumption Test, of 

ASME A112.19.2–2018. The final measured 

flush volume for each tested unit is the 

average of the total flush volumes recorded 

at each test pressure as specified in Table 6 

‘‘Static test pressures for urinals, kPa (psi),’’ 

of ASME A112.19.2–2018, based on the 

average of the individual flush volumes at a 

given pressure from the three tests. 

■ 6. Section 430.32 is amended by 

revising paragraph (q) to read as follows: 

§ 430.32 Energy and water conservation 

standards and their compliance dates. 

* * * * * 

(q) Water closets. The maximum 

water use allowed in gallons per flush 

for any of the following water closets is 

as follows: 


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Federal Register / Vol. 87, No. 56 / Wednesday, March 23, 2022 / Rules and Regulations 16387 

Water closet type 

Maximum flush rate 

(gpf (Lpf)) 

Manufactured 

after January 1, 

1994 

Manufactured 

after January 1, 

1997 

(1) Gravity flush tank water closet ................................................................................................................... 1.6 (6.0) 1.6 (6.0) 

(2) Flushometer tank water closet ................................................................................................................... 1.6 (6.0) 1.6 (6.0) 

(3) Electromechanical hydraulic water closet .................................................................................................. 1.6 (6.0) 1.6 (6.0) 

(4) Blowout bowl water closet ......................................................................................................................... 3.5 (13.2) 3.5 (13.2) 

(5) Flushometer valve water closets, other than those with blowout bowls ................................................... ............................ 1.6 (6.0) 

* * * * * 

[FR Doc. 2022–06138 Filed 3–22–22; 8:45 am] 

BILLING CODE 6450–01–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 25 

[Docket No. FAA–2014–1076; Special 

Conditions No. 25–607A–SC] 

Special Conditions: Dassault Aviation 

Model Falcon 6X, Limit Pilot Forces— 

Side-Stick Controller 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Final special conditions; 

amendment. 

SUMMARY: These special conditions are 

issued for the Dassault Aviation 

(Dassault) Model Falcon 6X airplane. 

This airplane will have a novel or 

unusual design feature when compared 

to the state of technology envisioned in 

the airworthiness standards for 

transport-category airplanes. This 

airplane is equipped with an electronic 

flight-control system that includes pilot 

controls through a side stick instead of 

through a conventional wheel or control 

stick. The applicable airworthiness 

regulations do not contain adequate or 

appropriate safety standards for this 

design feature. These special conditions 

contain the additional safety standards 

that the Administrator considers 

necessary to establish a level of safety 

equivalent to that established by the 

existing airworthiness standards. 

DATES: This action is effective on 

Dassault on March 23, 2022. 

FOR FURTHER INFORMATION CONTACT: 

Todd Martin, Materials and Structural 

Properties Section, AIR–621, Technical 

Innovation Policy Branch, Policy and 

Innovation Division, Aircraft 

Certification Service, Federal Aviation 

Administration, 2200 South 216th 

Street, Des Moines, Washington 98198; 

telephone and fax 206–231–3210; email 

todd.martin@faa.gov. 

SUPPLEMENTARY INFORMATION: 

Background 

On July 1, 2012, Dassault Aviation 

applied for a type certificate for their 

new Model Falcon 5X airplane. Special 

conditions were issued for that design 

on January 27, 2016 (81 FR 4579). 

However, Dassault has decided not to 

release an airplane under the model 

designation Falcon 5X, instead choosing 

to change that model designation to 

Falcon 6X. 

In February of 2018, due to engine 

supplier issues, Dassault extended the 

type certificate application date for their 

Model Falcon 5X airplane under new 

Model Falcon 6X. This amendment to 

the original special conditions reflects 

the model-name change. This airplane is 

a twin-engine business jet with seating 

for 19 passengers and a maximum 

takeoff weight of 77,460 pounds. The 

Dassault Model Falcon 6X airplane 

design remains unchanged from the 

Model Falcon 5X in all material respects 

other than different engines. 

Type Certification Basis 

Under the provisions of 14 CFR 21.17, 

Dassault must show that the Model 

Falcon 6X airplane meets the applicable 

provisions of part 25, as amended by 

Amendments 25–1 through 25–146. 

If the Administrator finds that the 

applicable airworthiness regulations 

(i.e., 14 CFR part 25) do not contain 

adequate or appropriate safety standards 

for the Dassault Model Falcon 6X 

airplane because of a novel or unusual 

design feature, special conditions are 

prescribed under the provisions of 

§ 21.16. 

Special conditions are initially 

applicable to the model for which they 

are issued. Should the type certificate 

for that model be amended later to 

include any other model that 

incorporates the same novel or unusual 

design feature, these special conditions 

would also apply to the other model 

under § 21.101. 

In addition to the applicable 

airworthiness regulations and special 

conditions, the Dassault Model Falcon 

6X airplane must comply with the fuelvent and exhaust-emission requirements 

of 14 CFR part 34, and the noisecertification requirements of 14 CFR 

part 36. 

The FAA issues special conditions, as 

defined in 14 CFR 11.19, in accordance 

with § 11.38, and they become part of 

the type certification basis under 

§ 21.17(a)(2). 

Novel or Unusual Design Features 

The Dassault Model Falcon 6X 

airplane will incorporate the following 

novel or unusual design feature: 

This airplane is equipped with an 

electronic flight-control system that 

includes pilot controls through a side 

stick instead of through a conventional 

wheel or control stick. 

Discussion 

The Dassault Model Falcon 6X 

airplane is equipped with a side stick 

instead of a conventional wheel or 

control stick. The requirement of 

§ 25.397(c), which defines limit pilot 

forces and torques, applies to 

conventional wheel or control stick and 

is therefore not adequate for this new 

side-stick design with electronic flight 

controls that affect maneuvering. 

These special conditions contain the 

additional safety standards that the 

Administrator considers necessary to 

establish a level of safety equivalent to 

that established by the existing 

airworthiness standards. 

Discussion of Comments 

The FAA issued Final Special 

Conditions, Request for Comment 

Special Conditions No. 25–607–SC for 

the Dassault Model Falcon 5X airplane, 

which was published in the Federal 

Register on January 27, 2016 (81 FR 

4579). No comments were received, and 

the special conditions are adopted as 

proposed, with amendments. 

Applicability 

As discussed above, these special 

conditions are applicable to the Dassault 

Model Falcon 6X airplane. Should 

Dassault apply at a later date for a 

change to the type certificate to include 

another model incorporating the same 

novel or unusual design feature, these 


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