31742 Federal Register / Vol. 77, No. 104 / Wednesday, May 30, 2012 / Proposed Rules 

considered excessive, but that threshold 

shall not be less than four (4) cards 

requested within twelve (12) months 

prior to the request; unless the State 

agency has sufficient, additional 

evidence indicating suspected 

intentional Program violation, as 

defined at § 273.16(c) of this chapter, 

which would warrant noticing the client 

sooner than the fourth card request, 

requiring the individual or household to 

provide an explanation by phone or in 

person before the fifth card request, and, 

if deemed appropriate, referring the 

client for investigation. 

(i) The State agency must notify the 

household in writing when it has 

reached the threshold, indicating that 

the next request for card replacement 

will require contact with the State 

agency to provide an explanation for the 

requests, before the replacement card 

will be issued. The notice must: 

(A) Be written in clear and simple 

language; 

(B) Meet the language requirements 

described at § 272.4(b) of this chapter; 

(C) Specify the number of cards 

requested and over what period of time; 

(D) Explain that the next request will 

require contact with the State agency, 

either in person or by phone, before 

another card is issued and provide the 

contact information; 

(E) Include a statement that explains 

what is considered a misuse or 

fraudulent use of benefits and the 

possibility of referral to the fraud 

investigation unit for suspicious 

activity. 

(ii) Following notification, should 

another card be requested, the State 

agency may contact the household to 

request information or require that the 

household contact the State agency. 

Upon the household’s compliance by 

contacting the State agency as 

requested, the household must 

immediately be issued a replacement 

card. 

(A) The State agency may decline to 

issue a replacement card if the 

household does not respond to the State 

agency’s notice to provide an 

explanation for the need to replace the 

card and the case must be referred for 

investigation. 

(B) The State agency must educate the 

client on the proper use of the card if 

the explanation is deemed appropriate 

and the State agency should not require 

contact upon subsequent requests, 

unless the pattern of card activity has 

changed since the initial contact and 

indicates possible fraudulent activity. 

(C) The State agency must refer the 

household for investigation in cases 

where the household contacts the State 

agency but refuses to explain the card 

losses or the explanation provided 

appears to be indicative of fraud in 

accordance with § 273.16 of this 

chapter. The State agency must issue a 

replacement card for any household that 

makes the required contact so that the 

household has access to benefits in its 

EBT account while the investigation is 

underway and while awaiting a hearing, 

in accordance with § 273.16(e)(5). 

(iii) In all cases, a State agency shall 

act to protect households containing 

homeless persons, elderly or disabled 

members, victims of crimes, and other 

vulnerable persons who may lose 

electronic benefits transfer cards but are 

not committing fraud. 

Dated: May 22, 2012. 

Audrey Rowe, 

Administrator, Food and Nutrition Service. 

[FR Doc. 2012–12907 Filed 5–29–12; 8:45 am] 

BILLING CODE 3410–30–P 

DEPARTMENT OF ENERGY 

10 CFR Parts 429, 430, and 431 

[Docket No. EERE–2011–BT–TP–0061] 

RIN 1904–AC65 

Energy Conservation Program for 

Consumer Products and Certain 

Commercial and Industrial Equipment: 

Test Procedures for Showerheads, 

Faucets, Water Closets, Urinals, and 

Commercial Prerinse Spray Valves 

AGENCY: Office of Energy Efficiency and 

Renewable Energy, Department of 

Energy. 

ACTION: Notice of proposed rulemaking 

and public hearing. 

SUMMARY: In this notice of proposed 

rulemaking (NOPR), the U.S. 

Department of Energy (DOE) proposes to 

update its test procedures for 

showerheads, faucets, water closets, and 

urinals. Specifically, DOE proposes to 

incorporate by reference the American 

Society of Mechanical Engineers/ 

American National Standards Institute 

(ASME/ANSI) Standard A112.18.1–2011 

test procedure for faucets and 

showerheads, which would replace the 

1996 version currently referenced by 

DOE in its test procedure. DOE also 

proposes to incorporate by reference 

ASME/ANSI Standard A112.19.2–2008 

procedure for water closets and urinals, 

which would replace the 1995 version 

currently referenced by DOE in its test 

procedure. These updates fulfill DOE’s 

obligation under the Energy Policy and 

Conservation Act (EPCA) to review its 

test procedures for covered products at 

least once every 7 years and either 

amend the applicable test procedures or 

publish a determination in the Federal 

Register not to amend them. DOE also 

expects that incorporation of the 

updated procedures will bring DOE’s 

testing requirements more closely in 

line with current industry practices, 

reduce the burden associated with 

testing and reporting test results for 

these products, and improve the 

accuracy of test results. 

For commercial prerinse spray valves, 

DOE has preliminarily determined that 

no changes are needed to the existing 

DOE test procedure in order to 

accurately measure the water 

consumption of these products, and 

proposes to retain the existing 

procedure without change. However, 

since the American Society for Testing 

and Materials (ASTM) reapproved this 

standard in 2009 as F2324–03 (2009), 

DOE is proposing to incorporate by 

reference this most recent version. This 

action would also satisfy the EPCA 

requirement for DOE to review the test 

procedures for these products at least 

once every 7 years. 

This notice also announces a public 

meeting to receive comments on these 

proposed amendments to the test 

procedures. 

DATES: DOE will hold a public meeting 

on July 24, 2012, from 9 a.m. to 4 p.m., 

in Washington, DC. The meeting will 

also be broadcast as a webinar. See 

section V, ‘‘Public Participation,’’ for 

webinar registration information, 

participant instructions, and 

information about the capabilities 

available to webinar participants. 

DOE will accept comments, data, and 

information regarding this NOPR before 

and after the public meeting, but no 

later than August 13, 2012. See section 

V, ‘‘Public Participation,’’ for details. 

ADDRESSES: The public meeting will be 

held at the U.S. Department of Energy, 

Forrestal Building, Room 8E–089, 1000 

Independence Avenue SW., 

Washington, DC 20585. To attend, 

please notify Ms. Brenda Edwards at 

(202) 586–2945. Please note that foreign 

nationals visiting DOE Headquarters are 

subject to advance security screening 

procedures. Any foreign national 

wishing to participate in the meeting 

should advise DOE as soon as possible 

by contacting Ms. Edwards to initiate 

the necessary procedures. Please also 

note that those wishing to bring laptops 

into the Forrestal Building will be 

required to obtain a property pass. 

Visitors should avoid bringing laptops, 

or allow an extra 45 minutes. Persons 

can attend the public meeting via 

webinar. For more information, refer to 
Federal Register / Vol. 77, No. 104 / Wednesday, May 30, 2012 / Proposed Rules 31743 

section V, ‘‘Public Participation,’’ near 

the end of this notice. 

Any comments submitted must 

identify the NOPR for Test Procedures 

for Showerheads, Faucets, Water 

Closets, Urinals, and Commercial 

Prerinse Spray Valves, and provide 

docket number EERE–2011–BT–TP– 

0061 and/or regulatory information 

number (RIN) 1904–AC65. Comments 

may be submitted using any of the 

following methods: 

1. Federal eRulemaking Portal: 

http://www.regulations.gov. Follow the 

instructions for submitting comments. 

2. Email: PlumbingPrds-2011-TP0061@ee.doe.gov. Include the docket 

number and/or RIN in the subject line 

of the message. 

3. Mail: Ms. Brenda Edwards, U.S. 

Department of Energy, Building 

Technologies Program, Mailstop EE–2J, 

1000 Independence Avenue SW., 

Washington, DC 20585–0121. If 

possible, please submit all items on a 

CD. It is not necessary to include 

printed copies. 

4. Hand Delivery/Courier: Ms. Brenda 

Edwards, U.S. Department of Energy, 

Building Technologies Program, 950 

L’Enfant Plaza SW., Suite 600, 

Washington, DC 20024. Telephone: 

(202) 586–2945. If possible, please 

submit all items on a CD. It is not 

necessary to include printed copies. 

For detailed instructions on 

submitting comments and additional 

information on the rulemaking process, 

see section V of this document (‘‘Public 

Participation’’). 

Docket: The docket is available for 

review at regulations.gov, including 

Federal Register notices, public meeting 

attendee lists and transcripts, 

comments, and other supporting 

documents/materials. All documents in 

the docket are listed in the 

regulations.gov index. However, not all 

documents listed in the index may be 

publicly available, such as information 

that is exempt from public disclosure. 

A link to the docket Web page can be 

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

#!docketDetail;dct=FR%252BPR% 

252BN%252BO%252BSR 

%252BPS;rpp=10;po=0;D=EERE-2011-

BT-TP-0061. This Web page will contain 

a link to the docket for this notice on the 

regulations.gov site. The regulations.gov 

Web page will contain simple 

instructions on how to access all 

documents, including public comments, 

in the docket. See section V, ‘‘Public 

Participation,’’ for information on how 

to submit comments through 

regulations.gov. 

For further information on how to 

submit a comment, review other public 

comments and the docket, or participate 

in the public meeting, contact Ms. 

Brenda Edwards at (202) 586–2945 or by 

email: Brenda.Edwards@ee.doe.gov. 

FOR FURTHER INFORMATION CONTACT: 

Mr. Lucas Adin, U.S. Department of 

Energy, Office of Energy Efficiency and 

Renewable Energy, Building 

Technologies Program, EE–2J, 1000 

Independence Avenue SW., 

Washington, DC 20585–0121. 

Telephone: (202) 287–1317. Email: 

Lucas.Adin@ee.doe.gov. 

Ms. Jennifer Tiedeman, U.S. 

Department of Energy, Office of the 

General Counsel, GC–71, 1000 

Independence Avenue SW., 

Washington, DC 20585–0121. 

Telephone: (202) 287–6111. Email: 

Jennifer.Tiedeman@hq.doe.gov. 

SUPPLEMENTARY INFORMATION: 

I. Background and Authority 

II. Summary of the Notice of Proposed 

Rulemaking 

III. Discussion 

A. Statutory Plumbing Requirements 

1. Test Procedures for Showerheads and 

Faucets 

2. Test Procedures for Water Closets and 

Urinals 

3. Test Procedure for Commercial Prerinse 

Spray Valves 

4. Design Requirements for Showerheads 

5. Definitions 

B. Supplementary Plumbing Requirements 

1. Definition of a Basic Model 

2. Statistical Sampling Plans for 

Certification 

3. Information To Be Provided in 

Certification Reports 

IV. Procedural Issues and Regulatory Review 

A. Review Under Executive Order 12866 

B. Review Under the Regulatory Flexibility 

Act 

Showerheads and Faucets 

Water Closets and Urinals 

Commercial Prerinse Spray Valves 

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 the 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 

V. Public Participation 

A. Attendance at the Public Meeting 

B. Procedure for Submitting Requests To 

Speak 

C. Conduct of Public Meeting 

D. Submission of Comments 

E. Issues on Which DOE Seeks Comment 

VI. Approval of the Office of the Secretary 

I. Background and Authority 

Title III, Part B of the Energy Policy 

and Conservation Act of 1975 (EPCA), 

Public Law 94–163 (42 U.S.C. 6291– 

6309, as codified), established the 

Energy Conservation Program for 

Consumer Products Other Than 

Automobiles, which includes the 

showerheads, faucets, water closets, and 

urinals that are the subjects of today’s 

notice.1 

Under EPCA, this program consists 

essentially of four parts: (1) Testing, (2) 

labeling, (3) Federal energy and water 

conservation standards, and (4) 

certification and enforcement 

procedures. The testing requirements 

include test procedures that 

manufacturers of covered products must 

use as the basis for (1) certifying to the 

DOE that their products comply with 

applicable energy and water 

conservation standards adopted under 

EPCA and (2) making representations 

about the energy or water consumption 

of those products on labels and other 

materials. Similarly, DOE must use 

these test procedures to determine 

whether the products comply with any 

relevant standards promulgated under 

EPCA. 

EPCA also includes a water 

conservation standard and test 

procedure for commercial prerinse 

spray valves, which are also addressed 

in this notice. While commercial 

prerinse spray valves were originally 

referenced in Part B of EPCA, DOE 

noted in a final rule published October 

18, 2005, that placement of commercial 

prerinse spray valves in Part B rather 

than part C of EPCA, which established 

the Energy Conservation Program for 

Certain Commercial and Industrial 

Equipment,2 was the result of a 

legislative drafting error, and 

subsequently adopted the provisions for 

commercial prerinse spray valves into 

10 CFR part 431. 70 FR 60407, 60409. 

General Test Procedure Rulemaking 

Process 

In 42 U.S.C. 6293, EPCA sets forth the 

criteria and procedures DOE must 

follow when prescribing or amending 

test procedures for covered products. 

EPCA provides, in relevant part, that 

any test procedures prescribed or 

amended under this section shall be 

reasonably designed to produce test 

results which measure energy 

efficiency, energy use, water use (in the 

case of showerheads, faucets, water 

closets and urinals), or estimated annual 

1 For editorial reasons, upon codification in the 

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

2 For editorial reasons, upon codification in the 

U.S. Code, Part C was redesignated Part A–1. 
31744 Federal Register / Vol. 77, No. 104 / Wednesday, May 30, 2012 / Proposed Rules 

operating cost of a covered product 

during a representative average use 

cycle or period of use and shall not be 

unduly burdensome to conduct. (42 

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

In addition, if DOE determines that a 

test procedure amendment is warranted, 

it must publish proposed test 

procedures and offer the public an 

opportunity to present oral and written 

comments on them. (42 U.S.C. 

6293(b)(2)) Finally, in any rulemaking to 

amend a test procedure, DOE must 

determine to what extent, if any, the 

proposed test procedure would alter the 

measured energy efficiency or energy 

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

covered product as determined under 

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

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

amended test procedure would alter the 

measured water use of a covered 

product, DOE must amend the 

applicable water conservation standard 

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

Effective 180 days after an amended 

test procedure applicable to a covered 

product is prescribed, no manufacturer 

may make any representation with 

respect to water usage of such product 

unless such product has been tested in 

accordance with such amended test 

procedure and such representation 

fairly discloses the results of such 

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

the 180-day period may be extended for 

an additional 180 days if the Secretary 

of Energy (Secretary) determines that 

this requirement would impose an 

undue burden. (42 U.S.C. 6293(c)(3)) 

II. Summary of the Notice of Proposed 

Rulemaking 

EPCA states that the procedures for 

testing and measuring the water use of 

faucets and showerheads shall be 

ASME/ANSI Standard A112.18.1M– 

1989, ‘‘Plumbing Fixture Fittings,’’ for 

faucets and showerheads, and ASME/ 

ANSI Standard A112.19.6–1990, 

‘‘Hydraulic Requirements for Water 

Closets and Urinals,’’ for water closets 

and urinals; EPCA further specifies that 

if ASME/ANSI revises these 

requirements, the Secretary shall adopt 

such revisions if they conform to the 

basic statutory requirements for test 

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

DOE last amended test procedures for 

these products in a final rule published 

in March 1998 (March 1998 final rule), 

which incorporated by reference ASME/ 

ANSI Standard A112.18.1M–1996, 

‘‘Plumbing Fixture Fittings,’’ for 

showerheads and faucets, and ASME/ 

ANSI Standard A112.19.6–1995, 

‘‘Hydraulic Performance Requirements 

for Water Closets and Urinals,’’ for 

water closets and urinals. 63 FR 13308 

(March 18, 1998). Since publication of 

the March 1998 final rule, ASME/ANSI 

has revised both procedures and issued 

the most recent versions as A112.18.1– 

2011, ‘‘Plumbing Supply Fittings,’’ for 

showerheads and faucets in June 2011, 

and A112.19.2–2008, ‘‘Ceramic 

Plumbing Fixtures,’’ for water closets 

and urinals in August 2008. 

In today’s notice, DOE proposes to 

amend its existing test procedures for 

showerheads, faucets, water closets, and 

urinals by adopting, with the exception 

of certain provisions regarding rounding 

of measured values, the most recent 

versions of the corresponding ASME/ 

ANSI procedures for measuring the 

water consumption of these products. 

DOE has evaluated these industry 

procedures and has preliminarily 

determined that the revised ASME/ 

ANSI test procedures for showerheads, 

faucets, water, closets, and urinals 

would (1) produce test results that more 

accurately measure water use during a 

representative average use cycle or 

period of use; and (2) not be unduly 

burdensome to conduct. 42 U.S.C. 

6293(b)(1), (3). DOE has also determined 

that the adoption of these revised 

procedures would not alter the 

measured water use of these products. 

DOE’s determination that the measured 

water use of showerheads, faucets, 

water closets, and urinals is not altered 

is based on an evaluation of the changes 

to the procedures described in Section 

III.A for each of the covered products. 

Section 135(b)(1) of EPACT 2005 

amended section 323(b) of EPCA (42 

U.S.C. 6293(b)) to add subsection (14), 

which states that test procedures for 

measuring the flow rate for commercial 

prerinse spray valves ‘‘shall be based on 

[the] American Society for Testing and 

Materials [ASTM] Standard F2324, 

entitled ‘Standard Test Method for PreRinse Spray Valves.’ ’’ In a final rule 

published on December 8, 2006, DOE 

incorporated by reference the 2003 

version of ASTM Standard F2324 in 10 

CFR 431.263, and established it as the 

uniform test method for measurement of 

the flow rate of commercial prerinse 

spray valves in section 431.264. 71 FR 

71340. 

While commercial prerinse spray 

valves are included in Part B of EPCA 

as consumer products rather than in 

Part C, which addresses commercial and 

industrial equipment, DOE notes that 

Part C also contains the same provision 

regarding periodic review of test 

procedures for covered equipment at 

least once every seven years. 42 U.S.C. 

6314(a)(1)(A). To fulfill this statutory 

requirement, DOE initiated this 

rulemaking and proposes in this NOPR 

to amend its test procedures for 

commercial prerinse spray valves. 

Specifically, DOE proposes to update its 

references in DOE’s current test 

procedures to the latest version of the 

ASTM Standard by incorporating by 

reference ASTM Standard F2324–03 

(2009), ‘‘Standard Test Method for 

Prerinse Spray Valves.’’ 

The two statutory provisions that 

address representative test results and 

test burden for consumer products, 

which are discussed in the previous 

paragraph, also apply to DOE review of 

the test procedures for commercial and 

industrial equipment. 42 U.S.C. 

6314(a)(2). In this light, DOE has 

evaluated ASTM F2324–03(2009), 

‘‘Standard Test Method for Prerinse 

Spray Valves,’’ and has preliminarily 

determined that these two provisions 

are met. ASTM F2324–03(2009) does 

not involve any substantive amendment 

to the current DOE test procedure for 

commercial prerinse spray valves, 

which is based on ASTM F2324–03. 

However, to reflect the reapproval of the 

F2324–03 standard by ASME in 2009, 

DOE is proposing to incorporate by 

reference the reapproved version in 10 

CFR 431.264. 

DOE also proposes to retain the 

existing descriptors for measures of 

maximum permissible water use for 

water closets, urinals, faucets, and 

showerheads currently found in 10 CFR 

430.23(s) through 430.23(v) (gallons or 

liters per minute or cycle, and gallons 

or liters per flush), and to retain the 

existing water use descriptors (gallons 

or liters per minute) for commercial 

prerinse spray valves in 10 CFR 

431.264. 

DOE considers the activity initiated 

by this proposed rule sufficient to 

satisfy the statutory requirement that 

DOE must review its test procedures for 

all covered products, including 

plumbing products, at least once every 

7 years and either amend the applicable 

test procedures or publish a 

determination in the Federal Register 

not to amend them. (42 U.S.C. 

6293(b)(1)(A) and 42 U.S.C. 6314(a)(1)) 

III. Discussion 

A. Statutory Plumbing Requirements 

1. Test Procedures for Showerheads and 

Faucets 

The current test procedures for 

showerheads and faucets are found in 

appendix S of 10 CFR part 430, subpart 

B, (Appendix S) and require that tests be 

conducted in accordance with the test 

procedure requirements specified in 

section 6.5, ‘‘Flow Capacity Test,’’ of 

ASME/ANSI Standard A112.18.1M– 

1996. In the revised ASME/ANSI 

Standard A112.18.1–2011, the flow 
Federal Register / Vol. 77, No. 104 / Wednesday, May 30, 2012 / Proposed Rules 31745 

capacity test has been moved to section 

5.4 of that standard, titled ‘‘Flow Rate.’’ 

Minor substantive changes to the flow 

capacity test include (1) a requirement 

that the pressure differential 

measurement be within ±1 pound per 

square inch (psi) for faucets and ±2 psi 

for showerheads (not previously 

specified for either product), (2) a 

change in the test procedure 

temperature range to 5 to 71 °C for 

faucets (previously 4 to 66 °C) and to 32 

to 44 °C for showerheads (previously 4 

to 66 °C), (3) a requirement that a 

container large enough to hold water 

collected over a minimum of 1 minute 

be used when using the time/volume 

test procedure method for faucets and 

showerheads (not previously specified), 

and (4) a requirement that flow be 

maintained during testing for at least 1 

minute for showerheads (not previously 

specified). DOE sees no evidence that 

the changes identified in this paragraph 

will result in a change in the measured 

water use of faucets or showerheads, 

and therefore proposes to incorporate by 

reference the applicable section of 

ASME/ANSI Standard A112.18.1–2011 

for testing showerheads and faucets at 

Appendix S. 

The existing test procedure language 

in Appendix S of 10 CFR part 430 also 

requires, for all faucets and 

showerheads, that measurements be 

recorded at the resolution of the test 

instrumentation and that calculations be 

rounded off to the same number of 

significant digits as the previous step. It 

also requires that the final water 

consumption value be rounded to one 

decimal place for non-metered faucets 

and for showerheads, and to two 

decimal places for metered faucets. DOE 

originally introduced these provisions 

as part of its 1998 final rule in order to 

establish uniformity in the calculated 

results reported in certifications of 

compliance. 63 FR at 13310. DOE has 

not received any information since that 

time indicating that these rounding 

provisions should be modified, and 

proposes to retain them without change. 

DOE requests comment on these 

proposed amendments to the existing 

test procedures for showerheads and 

faucets, including provisions pertaining 

to representations of water consumption 

and calculations of those values. 

2. Test Procedures for Water Closets and 

Urinals 

The current test procedure for water 

closets and urinals is found in appendix 

T of 10 CFR part 430, subpart B, 

(Appendix T) and incorporates by 

reference ASME/ANSI Standard 

A112.19.6–1995. The test procedure in 

Appendix T is divided into two 

sections: ‘‘Test Apparatus and General 

Instructions,’’ and ‘‘Test Measurement,’’ 

both of which reference corresponding 

provisions in A112.19.6–1995. When 

ASME merged ASME/ANSI Standard 

A112.19.6–1995 with ASME/ANSI 

Standard A112.19.2–2003 ‘‘Vitreous 

China Plumbing Fixtures’’ to produce 

ASME/ANSI Standard A112.19.2–2008, 

several sections of the water 

consumption tests for water closets and 

urinals that DOE refers to in Appendix 

T were renumbered and no longer 

correspond to the same sections DOE 

references. 

a. Test Procedure for Water Closets 

DOE proposes to amend its 

regulations to correspond to the changes 

that ASME made in the 2008 version of 

its procedures for water closets. 

Specifically, the existing DOE test 

procedure in Appendix T requires that 

the test apparatus and instructions for 

testing water closets conform to the 

requirements specified in section 7.1.2, 

‘‘Test Apparatus and General 

Instructions,’’ subsections 7.1.2.1, 

7.1.2.2, and 7.1.2.3, of ASME/ANSI 

Standard A112.19.6–1995, whereas DOE 

now proposes that its test procedure 

reference ASME/ANSI Standard 

A112.19.2–2008, and in particular the 

sections that specify the requirements 

for test apparatus instructions and 

instructions for testing water closets in 

7.1.1, 7.1.2, 7.1.3, and 7.1.4. These 

sections include minor changes to the 

test setup, which are described in the 

next paragraph. 

The existing DOE test procedure 

requires that the measurement of the 

water flush volume of water closets be 

conducted in accordance with the test 

requirements specified in ASME/ANSI 

Standard A112.19.6–1995, section 7.1.6, 

‘‘Water Consumption and Hydraulic 

Characteristics.’’ In the updated ASME/ 

ANSI A112.19.2–2008, the test 

procedure for measuring the water flush 

volume of water closets is found in 

section 7.4, ‘‘Water Consumption Test.’’ 

Dual-flush water closets, which are not 

addressed in the 1995 ASME/ANSI 

procedure or in DOE’s current test 

procedure, are required under ASME/ 

ANSI A112.19.2–2008 3 to meet the 

flush volume requirement for low 

consumption water closets of 1.6 gallons 

per flush when the full flush volume is 

activated. Additional minor updates 

found in ASME/ANSI A112.19.2–2008 

include (1) a required filter in the 

3 ASME/ANSI A112.19.14–2006, ‘‘Six-Liter Water 

Closets Equipped with a Dual Flushing Device,’’ 

requires dual-flush water closets to meet the 

requirements of low consumption water closets 

when tested in full flush mode in accordance with 

ASME/ANSI A112.19.2. 

apparatus set-up (not previously 

required), (2) required receiving vessel 

calibration in increments of 0.25 liters 

(0.07 gallons) (decreased from 0.1 

gallons), (3) required use of an electric 

timer with increments that are accurate 

within a tenth of a second to verify that 

the actuator is held for a maximum of 

1 second (not previously specified), 

(4) revised static pressure requirements 

for flushometer valves with siphonic 

bowls to 80 psi for one round of tests 

and 35 psi for the second two rounds 

(previously one round of tests at each of 

three pressures: 80, 50, and 15 psi) and 

a similar provision for flushometer 

valves with blowout bowls, but at 80 

and 45 psi (previously 80, 50, and 35 

psi), and (5) required rounding of the 

total flush volume down to the nearest 

0.25 liters (0.07 gallons) (not previously 

specified). DOE sees no evidence that 

the changes identified in this paragraph 

will result in a change in the measured 

water use of water closets, would 

produce test results that less accurately 

measure the water use of water closets 

during a representative average use 

cycle, or would be more burdensome to 

conduct, and therefore proposes to 

incorporate by reference the applicable 

sections of ASME/ANSI Standard 

A112.19.2–2008 for testing water closets 

into Appendix T, except the rounding 

provisions, as discussed in section 

III.A.2.c. 

b. Test Procedure for Urinals 

The current DOE test procedure for 

urinals is also found in Appendix T and 

incorporates by reference ASME/ANSI 

Standard A112.19.6–1995. The existing 

DOE test procedure requires that the test 

apparatus and instructions for testing 

urinals conform to the requirements 

specified in ASME/ANSI Standard 

A112.19.6–1995, section 8.2, ‘‘Test 

Apparatus and General Instructions,’’ 

subsections 8.2.1, 8.2.2, and 8.2.3. In 

updated ASME/ANSI Standard 

A112.19.2–2008, the section that 

specifies the requirements for test 

apparatus instructions and instructions 

for testing urinals is 8.2, ‘‘Test 

Apparatus and General Instructions,’’ 

which includes subsections 8.2.1, 8.2.2, 

and 8.2.3. The existing DOE test 

procedure requires that the 

measurement of the water flush volume 

of urinals be conducted in accordance 

with the test requirements specified in 

ASME/ANSI A112.19.6–1995, section 

8.5, ‘‘Water Consumption.’’ In the 2008 

version of A112.19.2, these 

requirements have been moved to 

section 8.6, ‘‘Water Consumption Test.’’ 

Additionally, minor updates to the 

water consumption test found in ASME/ 

ANSI A112.19.2–2008 include (1) a 
31746 Federal Register / Vol. 77, No. 104 / Wednesday, May 30, 2012 / Proposed Rules 

required filter in the apparatus set-up 

(not previously specified), (2) required 

receiving vessel calibration of 0.25 liters 

(0.07 gallons) (decreased from 0.1 

gallons), and (3) required rounding of 

the total flush volume down to the 

nearest 0.25 liters (0.07 gallons) (not 

previously specified). DOE sees no 

evidence that the changes identified in 

this paragraph will result in a change in 

the measured water use of urinals, 

produce test results that less accurately 

measure the water use of urinals during 

a representative average use cycle, or 

would be more burdensome to conduct, 

and therefore proposes to incorporate by 

reference the applicable sections from 

ASME/ANSI Standard A112.19.2–2008 

for testing urinals into Appendix T, 

except for the rounding provision, as 

discussed in section III.A.2.c. 

c. Rounding of Test Results for Water 

Closets and Urinals 

For both urinals and water closets, the 

existing DOE test procedure language in 

Appendix T requires that measurements 

be recorded at the resolution of the test 

instrumentation; that calculations be 

rounded off to the same number of 

significant digits as the previous step; 

and that the final water consumption 

value be rounded to one decimal place 

for water closets and for urinals. DOE 

added these provisions in its 1998 final 

rule (63 FR 13310–11) and has not 

received any information since that time 

indicating that these rounding 

provisions should be modified. 

However, in order to maintain 

consistency with the measurement and 

calculation methods in the ASME/ANSI 

A112.19.2–2008 procedure, DOE 

proposes to amend the rounding 

provisions in Appendix T to require that 

the final value of water consumption for 

each tested unit retain the number of 

significant digits present in the 

measured test value. Because EPCA uses 

gallons as the primary unit of 

measurement for assessing compliance 

with the standards for these products, 

the test values for each model would be 

converted to gallons after applying the 

applicable sample statistics in 10 CFR 

429.30 or 429.31, and the rated value of 

water consumption rounded to the 

nearest 0.01 gallon per flush (or nearest 

0.01 liter per flush). 

d. Dual-Flush Water Closets 

As previously discussed, DOE is 

proposing to require that dual-flush 

water closets be tested according to 

ANSI/ASME Standard A112.19.2–2008 

to determine their maximum flush 

volume, as observed in full flush mode. 

However, DOE is aware that other 

testing and reporting metrics have been 

developed for these products in order to 

reflect the reduction in average water 

consumption that results from use of the 

reduced flow mode. In particular, the 

Environmental Protection Agency (EPA) 

WaterSense program’s 4 specifications 

for water closets permit the overall 

water consumption of dual-flush water 

closets to be represented as a weighted 

average of the flush volumes, in which 

it is assumed that two thirds of all 

flushes will be the reduced flow (see 

EPA WaterSense Specification for TankType Toilets version 1.1, section 3.2, 

available at http://www.epa.gov/ 

WaterSense/docs/revised_het_

specification_v1.1_050611_final508.pdf, 

or DOE Docket Number EERE–2011– 

BT–TP–0061, No. 1, p. 1). 

DOE is proposing a test procedure to 

measure the water use of a dual-flush 

water closet over a representative 

average period of consumer use 

(‘‘average representative water use’’). 

DOE may, in a future rulemaking, 

consider amendments to the 

certification provisions for water closets 

that could account for the impact of the 

reduced flush on the water consumption 

of dual-flush water closets. 

Under the proposed test procedure, 

the flush volume of the reduced flush 

would be measured using section 7.4 of 

ASME/ANSI Standard A112.19.2–2008 

in the same manner as the full flush, 

and the average representative water use 

would be calculated using the 

composite average of two reduced 

flushes and one full flush. 

In order to ensure that DOE has 

considered all relevant aspects of this 

approach, DOE requests comments on 

(1) its proposal to develop a test 

procedure to measure the average 

representative water use of dual-flush 

water closets in general, (2) whether the 

use of a composite average of the flush 

volumes of a dual-flush water closet is 

representative of the average water use 

of these products, and (3) whether the 

specific ratio of flush volumes proposed 

in this notice (i.e., two reduced flushes 

and one full flush) is an appropriate 

measure of the representative average 

water use of dual-flush water closets. 

DOE requests comment on these 

proposed amendments to the existing 

test procedures for water closets and 

urinals, including provisions pertaining 

to representations of water consumption 

and calculations of those values, and the 

4 WaterSense is a voluntary partnership program 

administered by the EPA which, among other 

activities, promotes water conservation by 

providing certification and labeling for water 

consuming products, including water closets, that 

meet certain water conservation standards. Further 

information is available at http://www.epa.gov/ 

WaterSense/index.html. 

appropriate means of determining the 

representative average water use of 

dual-flush water closets. 

3. Test Procedure for Commercial 

Prerinse Spray Valves 

The current DOE test procedure for 

commercial prerinse spray valves is 

found in section 431.264 of 10 CFR part 

431, subpart O, and requires that the test 

procedure to determine the water 

consumption flow rate of commercial 

prerinse spray valves be conducted in 

accordance with the test requirements 

specified in sections 4.1 and 4.2 

(Summary of Test Method), 5.1 

(Significance and Use), 6.1 through 6.9 

(Apparatus) except 6.5, 9.1 through 9.5 

(Preparation of Apparatus), 10.1 through 

10.2.5 (Procedure), and calculations in 

accordance with sections 11.1 through 

11.3.2 (Calculation and Report) of 

ASTM F2324–03, ‘‘Standard Test 

Method for Prerinse Spray Valves.’’ 

ASTM has not updated the portions of 

this ASTM standard that are referenced 

in the DOE test procedure since DOE 

incorporated this standard by reference 

in the December 2008 final rule. 71 FR 

71340. After considering that ASTM 

reapproved this standard in 2009 

without making any substantive 

changes, DOE proposes in this NOPR to 

amend its current test procedure by 

incorporating by reference the most 

recent version of this standard as ASTM 

Standard F2324–03 (2009), ‘‘Standard 

Test Method for Prerinse Spray Valves.’’ 

The existing DOE test procedure for 

commercial prerinse spray valves found 

at 10 CFR 431.264 requires that 

measurements be recorded at the 

resolution of the test instrumentation; 

that calculations be rounded off to the 

same number of significant digits as in 

the previous step; and that the final 

water consumption value be rounded off 

to one decimal place as follows: (1) a 

fractional number at or above the 

midpoint between two consecutive 

decimal places shall be rounded up to 

the higher of the two decimal places, or 

(2) a fractional number below the 

midpoint between two consecutive 

decimal places shall be rounded down 

to the lower of the two decimal places. 

DOE proposes to retain these provisions 

without change. 

DOE invites comments on its proposal 

to retain the existing test procedure for 

commercial prerinse spray valves, with 

incorporation by reference of the most 

recent version of the ASTM standard, 

and is interested in any views on the 

suitability of this procedure for meeting 

the requirements of EPCA with respect 

to representativeness of measurements 

and test burden. 
Federal Register / Vol. 77, No. 104 / Wednesday, May 30, 2012 / Proposed Rules 31747 

4. Design Requirements for 

Showerheads 

In addition to the water consumption 

standards that were promulgated by 

EPCA for showerheads, the statute 

includes a provision that showerheads 

must also meet the requirements of 

section 7.4.3(a) of ASME/ANSI 

A112.18.1M–1989, which requires that 

if a flow control insert is used as a 

component of a showerhead, the 

showerhead must be manufactured such 

that a pushing or pulling force of 8 

pounds (8 lbf.) or more is required to 

remove the insert. DOE subsequently 

adopted this provision in 10 CFR 

430.32(p). 

In the March 1998 final rule that 

adopted ASME/ANSI A112.18.1M–1996 

as the test procedure for showerheads 

and faucets, DOE amended the text in 

section 430.32(p) to reflect that the 

aforementioned provision of the ASME/ 

ANSI standard had been moved to 

section 7.4.4(a). 63 FR 13309–10. This 

provision was retained in the updated 

A112.18.1–2011, but has been moved to 

section 4.11.1 of that standard. 

Additionally, the language for this 

provision in the 2011 version of the 

ASME standard has changed slightly 

from the 1996 version in that the force 

required to remove the flow-restricting 

insert is no longer referred to 

specifically as a ‘‘pushing or pulling’’ 

force, but rather, is described only as a 

force of 36 Newtons (N) (8.0 lbf) or 

more, where the Newton measurement 

represents a conversion of the original 

lbf measurement to the International 

System of Units (SI, or metric units) 

after rounding to a whole number. Since 

the amount of force expressed in inch/ 

pound units has not changed, DOE does 

not view this as a substantive change in 

the industry requirement and proposes 

to incorporate the text of this provision 

from ASME/ANSI Standard A112.18.2– 

2011 at section 430.32(p) of 10 CFR part 

430 as a direct replacement of the 

existing provision. However, for the 

purposes of compliance with Federal 

standards, DOE proposes to retain the 8 

lbf metric as the applicable standard in 

order to maintain consistency with the 

original statutory provision in 42 U.S.C. 

6295(j), which references the 8 lbf 

requirement as described in the first 

paragraph of this section. Thus, the 

proposed text lists 8 lbf as the primary 

measure, with the equivalent 36 N 

included as a secondary metric for 

reference purposes. 

While DOE is not proposing any 

change to this design requirement, DOE 

notes that no specific test procedure 

exists in ASME Standard A112.18.1– 

2011, or in any previous version of that 

standard, for verifying that a flowrestricting insert remains mechanically 

retained when subjected to a force of 8 

lbs. DOE searched for a more general 

test method for assessing a pulling or 

pushing force of this type and was 

unable to identify any standardized 

method for this purpose. One of the 

testing organizations DOE contacted did 

provide information about the types of 

test configurations and equipment it 

typically uses for assessing compliance 

with this requirement during the 

compliance tests for showerheads, 

which generally apply either a pushing 

or pulling force that is measured using 

a calibrated force meter. However, since 

the design configuration of flowrestricting inserts varies among models, 

a standardized method based upon the 

setups currently used by test 

laboratories may not be useful in all 

cases, particularly if a flow-restricting 

insert is a threaded screw-in type, 

wherein a torque would be required to 

remove it as opposed to a pulling or 

pushing force. Other flow-restricting 

inserts are secured to the inlet of the 

showerhead with a retainer or plastic 

plate that requires the testing laboratory 

to adapt its test depending on the 

specific location of the flow-restricting 

insert and retainer. 

In the absence of any publicly 

available standard test method, and 

with limited information about how 

variation in the designs of flowrestricting inserts may complicate the 

development of a standardized method, 

DOE is unable at this time to propose, 

for inclusion in the test procedure for 

showerheads, a specific method of 

verifying the force required to remove a 

flow-restricting insert. However, since 

the adoption of a standardized approach 

would enable manufacturers to more 

effectively demonstrate compliance 

with this provision in the case of a 

challenge and would enable DOE or 

others to independently verify 

compliance in a standardized manner, 

DOE is interested in receiving 

comments and information on 

prospective methods for verifying that 

the 8 lbf requirement in section 4.11.1 

of ASME/ANSI Standard A112.18.1– 

2011 has been met. DOE is also 

interested in comments and information 

on showerhead designs that may 

complicate verification of this provision 

or make it unnecessary. Based upon 

information received, DOE may 

consider proposing a test method as part 

of a supplemental notice of proposed 

rulemaking. 

5. Definitions 

To address certain provisions of the 

revised ASME/ANSI procedures that 

were not contemplated in the versions 

referenced by the existing DOE test 

procedure, and to establish greater 

clarity with respect to product coverage, 

DOE proposes to adopt new definitions 

for the terms ‘‘accessory,’’ ‘‘body spray,’’ 

and ‘‘fitting,’’ based on the definitions 

for these components in ASME/ANSI 

Standard A112.18.1–2011, and a 

definition for ‘‘dual-flush water closet’’ 

from ASME/ANSI Standard A112.19.2– 

2008, all of which would be 

incorporated into 10 CFR part 430, 

section 430.2. DOE also proposes a 

definition for ‘‘hand-held showerhead,’’ 

which is not found in ASME/ANSI 

A112.18.1–2011, but was derived from 

the description of these products found 

in the WaterSense Specification for 

Showerheads, Version 1.0, developed by 

the EPA (See http://www.epa.gov/ 

WaterSense/docs/ 

showerheads_finalspec508.pdf, or DOE 

Docket Number EERE–2011–BT–TP– 

0061, No. 2, p. 1). Finally, DOE 

proposes an amendment to the existing 

definition of ‘‘showerhead’’ currently 

found in 10 CFR 430.2. The proposed 

definition is based upon the definition 

for showerhead included in ASME/ 

ANSI A112.18.1–2011, but has been 

modified to more clearly define the 

extent of DOE’s coverage of these 

products, and to specifically state that 

safety shower showerheads are not 

covered products, that hand-held 

showerheads are covered, and that DOE 

considers a body spray to be a 

showerhead for the purposes of 

regulatory coverage. 

DOE also notes that the proposed 

application of the terms ‘‘fitting’’ and 

‘‘accessory’’ to showerheads, 

specifically within the context of their 

coverage under DOE standards, may 

diverge slightly from previous use of 

these terms in other DOE documents 

addressing these products. DOE is 

proposing to adopt definitions for fitting 

and accessory, and a definition of 

showerhead that uses these terms, in 

order to more closely align the 

regulatory terminology with that of the 

industry standards upon which the DOE 

test procedure and water conservation 

standards are based, and to ensure that 

the meanings of these terms are 

consistent as applied to the products 

covered by DOE standards. 

All components that are defined as an 

‘‘accessory’’ (or a combined set of 

accessories) to a supply fitting represent 

a single covered product that must meet 

the DOE standard. Any components that 

are part of the ‘‘fitting’’ that is supplying 

water to an accessory, such as a valve 

(or valves) and connected piping, are 

not part of the covered product. Because 

the applicable water conservation 
31748 Federal Register / Vol. 77, No. 104 / Wednesday, May 30, 2012 / Proposed Rules 

standard applies to a basic model of a 

covered product as distributed in 

commerce, individual basic models that 

are packaged and sold, or otherwise 

distributed in commerce, separately and 

installed into a system by the purchaser 

would be subject to the standard 

individually, not as an installed system. 

In contrast, a system of spraying 

components that is packaged and/or 

distributed in commerce as a single 

‘‘accessory’’ or a single set of 

‘‘accessories,’’ designed to be attached 

to a single fitting, would be defined as 

a single showerhead and would be 

subject to the 2.5 gallon per minute 

(gpm) standard assigned to these 

products under 42 U.S.C. 6295(j). 

DOE invites comments on its proposal 

to adopt definitions for ‘‘accessory,’’ 

‘‘body spray,’’ ‘‘hand-held showerhead,’’ 

‘‘fitting,’’ and ‘‘dual-flush water closet,’’ 

and to amend the definition of 

‘‘showerhead’’ as shown in the 

proposed regulatory text at the end of 

this notice. 

B. Supplementary Plumbing 

Requirements 

1. Definition of a Basic Model 

DOE defines a ‘‘basic model’’ as it 

applies to showerheads, faucets, water 

closets, and urinals in 10 CFR 430.2, 

and it defines ‘‘basic model’’ as it 

applies to commercial prerinse spray 

valves in section 431.262. With respect 

to the definitions of ‘‘basic model’’ as 

they apply to showerheads, faucets, and 

commercial prerinse spray valves, DOE 

has received no information since the 

adoption of these definitions indicating 

that a revision is necessary, and does 

not propose any revisions to these 

definitions in this proposed rule. 

With respect to water closets and 

urinals, DOE has received information 

indicating that confusion may exist 

among manufacturers regarding how to 

properly apply the concept of a basic 

model to certain types of water closets 

and urinals. More specifically, in the 

case of flushometer valve water closets 

and urinals,5 and certain gravity tank 

water closets in which the tank and 

flushing device are concealed within the 

wall rather than attached directly to the 

bowl, DOE has been made aware that 

the water consumption of a given model 

of bowl for a water closet or urinal can 

be directly affected by the specific 

flushometer valve or tank-type flushing 

device that is paired with that bowl. 

5 The term ‘‘flushometer’’ refers generally to a 

type of valve that operates water closets and urinals 

without the use of a tank by relying principally on 

pressurized water to provide the flushing action. 

Flushometers are most commonly used in public 

restroom facilities. 

This has complicated the process of 

testing, reporting, and labeling water 

closets and urinals under the existing 

DOE compliance, certification, and 

enforcement provisions due to the 

various combinations of valves and/or 

tanks from different manufacturers that 

could be paired with a given bowl. 

DOE proposes to retain the existing 

definitions of a basic model of water 

closet and basic model of urinal, but 

emphasizes that the manner in which 

individual models may be grouped 

together as basic models for the 

purposes of reporting water 

consumption in accordance with 10 

CFR 429.12 should be based upon the 

maximum flow for a given bowl (or 

urinal body) and the valve or tank with 

which it is designed to operate. In other 

words, by certifying a given pairing of 

water closet bowl and valve (or tank) or 

urinal body and valve as a basic model 

under the existing certification and 

compliance framework, the 

manufacturer would be certifying that 

the pairing on which that basic model’s 

rating is based is the maximum flush 

volume that model of water closet bowl 

or urinal body is designed to provide, 

and that it could not be paired with a 

flushing device or tank that would 

provide a higher flush volume and still 

function properly. 

Under the compliance certification 

framework described in the previous 

paragraph, a manufacturer would be 

permitted to represent the rated flush 

volume of a particular model of water 

closet bowl or urinal body using a 

representative model of flushometer 

valve or gravity tank that provides a 

flush volume at this maximum level, 

regardless of any other such pairings 

that may be possible using valves or 

tanks from other manufacturers. Since, 

by design, none of the individual 

models of that basic model of water 

closet or urinal could operate using a 

flushing device providing a higher 

volume, the pairing upon which the 

certification is based, as well as all other 

pairings, would be compliant with the 

applicable water consumption standard. 

In addition, manufacturers are 

permitted under the certification 

provisions of 10 CFR part 429 to rate 

products conservatively at the 

maximum flush volume, even if certain 

combinations of bowls and flushing 

devices consume less water per flush 

than the maximum volume permitted by 

the relevant water consumption 

standard. Note, however, that if a 

manufacturer wishes to make 

representations of the water 

consumption of a given pairing that 

provides a lower volume flush than the 

maximum design volume, such as on 

product labels or in advertising or 

marketing materials, that particular 

pairing must be certified as a separate 

basic model and rated at the specific 

flush volume that the manufacturer 

intends to use in representations. 

As a theoretical example of this 

method, a manufacturer wishes to 

certify a particular model of flushometer 

water closet, referred to here as ‘‘model 

A.’’ This model is designed to operate 

using flushometer valves that provide a 

volume as high as 1.6 gallons per flush 

(the Federal standard), and as low as 

1.28 gallons per flush (the EPA 

WaterSense standard). There are many 

available flushometer valves that meet 

these requirements, but the 

manufacturer has tested model A with 

two flushometer valves: model 1, which 

operates at 1.6 gallons per flush, and 

model 2, which operates at 1.28 gallons 

per flush. The individual model 

pairings are identified as models A1 and 

A2, respectively. If the manufacturer is 

not concerned about labeling this model 

at any rating less than the Federal 

standard, then it is permissible to rate 

the model using valve model 1, and 

certify model A at 1.6 gallons per flush. 

To indicate that the basic model can use 

multiple flush valves, under this model 

numbering convention it could be 

certified as basic model A*, with the 

asterisk as a placeholder value to allow 

for other valve models. However, if the 

manufacturer wishes to label a version 

of model A as meeting the 1.28 gallon 

per flush standard, the combination that 

provides that rating must be certified 

separately as basic model A2. 

DOE invites comments on this 

interpretation of the current definition 

of a basic model of water closet and 

urinal, and any other factors that DOE 

should consider in clarifying the 

definition of basic model and how 

manufacturers may group models and 

rate their water consumption. 

2. Statistical Sampling Plans for 

Certification 

The statistical sampling plans 

required for determining the rated 

values of water consumption for faucets, 

showerheads, water closets, urinals, and 

commercial prerinse spray valves are 

specified in sections 429.28, 429.29, 

429.30, 429.31, and 429.51, respectively, 

of 10 CFR part 429. While DOE is not 

proposing to change these provisions in 

today’s NOPR, DOE is interested in 

receiving comments on all elements of 

these provisions, including the 

confidence limits and potential 

revisions to the respective sampling 

plans that might better reflect the level 

of repeatability and reproducibility that 

is achievable for each test, and the 
Federal Register / Vol. 77, No. 104 / Wednesday, May 30, 2012 / Proposed Rules 31749 

variability in measured water 

consumption that is inherent for each 

product. 

3. Information To Be Provided in 

Certification Reports 

10 CFR part 429 describes the 

information that manufacturers are 

required to supply to DOE to certify that 

covered products comply with energy 

and water conservation standards. 

Section 429.12 lists the information that 

manufacturers are required to report for 

all products, and specific requirements 

for plumbing products are identified in 

section 429.28 (for faucets), section 

429.29 (for showerheads), section 

429.30 (for water closets), section 429.31 

(for urinals), and section 429.51 (for 

commercial prerinse spray valves). DOE 

proposes to retain the existing reporting 

requirements for all five product types. 

DOE proposes to move the rounding 

provision for the rated value of water 

consumption for all five product types 

from the applicable test procedures to 

part 429 to clarify that rounding of the 

final rated value of water consumption 

for a basic model should occur after 

application of the sampling statistics. 

IV. Procedural Issues and Regulatory 

Review 

A. Review Under Executive Order 12866 

The Office of Management and Budget 

(OMB) has determined that test 

procedure rulemakings do not constitute 

‘‘significant regulatory actions’’ under 

section 3(f) of Executive Order 12866, 

‘‘Regulatory Planning and Review,’’ 58 

FR 51735 (Oct. 4, 1993). Accordingly, 

this proposed action was not subject to 

review under the Executive Order by the 

Office of Information and Regulatory 

Affairs (OIRA) in the OMB. 

B. Review Under the Regulatory 

Flexibility Act 

The Regulatory Flexibility Act (5 

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

of an initial regulatory flexibility 

analysis (IRFA) for any proposed rule, 

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, so that the potential impacts of its 

rules on small entities are properly 

considered during the rulemaking 

process. 68 FR 7990 (February 12, 2003). 

DOE has made its procedures and 

policies available on the Office of the 

General Counsel’s Web site at http:// 

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

DOE reviewed the proposed rule to 

amend the test procedures for plumbing 

equipment including showerheads, 

faucets, water closets, urinals and 

commercial prerinse spray valves under 

the provisions of the Regulatory 

Flexibility Act and the procedures and 

policies published on February 19, 

2003. DOE certifies that the proposed 

rule, if adopted, would not result in 

significant economic impacts on small 

entities. The factual basis for this 

certification is set forth in the following 

paragraphs. 

For the plumbing equipment 

manufacturing industry, the Small 

Business Administration (SBA) has set a 

size threshold, which defines those 

entities classified as ‘‘small businesses’’ 

for the purpose of the statute. DOE used 

the SBA’s size standards to determine 

whether any small entities would be 

required to comply with the rule. The 

size standards are codified at 13 CFR 

part 121. The standards are listed by 

North American Industry Classification 

System (NAICS) code and industry 

description and are available at 

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

documents/sba_homepage/ 

serv_sstd_tablepdf.pdf. Plumbing 

equipment manufacturers are classified 

under NAICS 332913, ‘‘Plumbing 

Fixture Fitting and Trim 

Manufacturing,’’ and NAICS 327111, 

‘‘Vitreous China Plumbing Fixture and 

China and Earthenware Bathroom 

Accessories Manufacturing.’’ The SBA 

sets a threshold of 500 employees or less 

for NAICS 332913, and 750 employees 

or less for NAICS 327111, for an entity 

to be considered a small business within 

these categories. 

DOE conducted a focused inquiry into 

small business manufacturers of 

products covered by this rulemaking. 

During its market survey, DOE used all 

available public information to identify 

potential small manufacturers. DOE’s 

research involved the review of industry 

trade association membership 

directories (including the American 

Society of Plumbing Engineers), product 

databases (e.g., Federal Trade 

Commission (FTC), the Thomas 

Register, California Energy Commission 

(CEC), and ENERGY STAR databases), 

individual company Web sites, and 

marketing research tools (e.g., Dun and 

Bradstreet reports, Manta) to create a list 

of companies that manufacture or sell 

plumbing products covered by this 

rulemaking. Using these sources, DOE 

identified 83 manufacturers of 

showerheads, faucets, water closets, 

urinals and commercial prerinse spray 

valves. 

DOE then reviewed this data to 

determine whether the entities met the 

SBA’s definition of a small business 

manufacturer of covered plumbing 

products and screened out companies 

that do not offer products covered by 

this rulemaking, do not meet the 

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

foreign owned and operated. Based on 

this review, DOE has identified 48 

manufacturers that would be considered 

small businesses. Through this analysis, 

DOE determined the expected impacts 

of the rule on affected small businesses 

and whether an IRFA was needed (i.e., 

whether DOE could certify that this 

rulemaking would not have a significant 

economic impact on a substantial 

number of small entities). 

Table 1 stratifies the small businesses 

according to their number of employees. 

The smallest company has 4 employees 

and the largest company 375 employees. 

The majority of the small businesses 

affected by this rulemaking (88 percent) 

have fewer than 100 employees. Annual 

revenues associated with these small 

manufacturers were estimated at $492.5 

million ($10.3 million average annual 

sales per small manufacturer). 

According to DOE’s analysis, small 

entities comprise 58 percent of the 

entire plumbing equipment 

manufacturing industry covered by the 

proposed rule. 

SMALL BUSINESS SIZE BY NUMBER OF EMPLOYEES 

Number Percentage 

Number of employees of 

small 

of 

small 

Cumulative 

percentage 

businesses businesses 

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

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

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

31–40 ........................................................................................................................................... 11 22.9 66.7 
31750 Federal Register / Vol. 77, No. 104 / Wednesday, May 30, 2012 / Proposed Rules 

SMALL BUSINESS SIZE BY NUMBER OF EMPLOYEES—Continued 

Number of employees 

Number 

of 

small 

businesses 

Percentage 

of 

small 

businesses 

Cumulative 

percentage 

41–50 ........................................................................................................................................... 

51–60 ........................................................................................................................................... 

61–70 ........................................................................................................................................... 

71–80 ........................................................................................................................................... 

81–90 ........................................................................................................................................... 

91–100 ......................................................................................................................................... 

101–110 ....................................................................................................................................... 

111–120 ....................................................................................................................................... 

121–130 ....................................................................................................................................... 

131–140 ....................................................................................................................................... 

141–150 ....................................................................................................................................... 

151–200 ....................................................................................................................................... 

201–300 ....................................................................................................................................... 

301–400 ....................................................................................................................................... 

401–500 ....................................................................................................................................... 

Total ...................................................................................................................................... 

3 

1 

0 

5 

0 

1 

0 

0 

0 

0 

0 

2 

2 

2 

0 

6.3 

2.1 

0.0 

10.4 

0.0 

2.1 

0.0 

0.0 

0.0 

0.0 

0.0 

4.2 

4.2 

4.2 

0.0 

72.9 

75.0 

75.0 

85.4 

85.4 

87.5 

87.5 

87.5 

87.5 

87.5 

87.5 

91.7 

95.8 

100.0 

100.0 

48 ........................ ........................ 

As noted in the Summary and 

Background sections of this NOPR, 

EPCA requires that DOE review its test 

procedures for covered products at least 

once every seven years and to amend 

them if the Secretary determines that to 

do so would provide test procedures 

that would more accurately or 

completely measure water use and that 

are not unduly burdensome to conduct. 

(See 42 U.S.C. 6293(b)(1)) To comply 

with EPCA, this rule proposes to 

incorporate amendments to ASME/ 

ANSI test procedures, which have been 

updated for faucets, showerheads, water 

closets and urinals. Additionally, EPCA 

prescribes use of the ASTM Standard 

F2324 for commercial prerinse spray 

valves, which is a product that is also 

covered in this rulemaking. 

Showerheads and Faucets 

DOE is proposing to update its testing 

procedures for showerheads and faucets 

by incorporating by reference AMSE/ 

ANSI Standard A112.18.1–2011. These 

proposed changes involve minor 

adjustments in test methodology, such 

as changes in temperatures and 

inclusion of instrument tolerances that 

were not previously specified, none of 

which would require any additional 

equipment and are not expected to 

lengthen the time required to complete 

the test. Because there are no major 

changes in testing procedures, 

calculation methodology or certification 

requirements associated with this 

proposal, DOE has tentatively 

determined there would be no 

incremental cost burden to small 

entities associated with this change. 

Water Closets and Urinals 

DOE is proposing to update its water 

closet and urinal test procedures from 

those set forth in ASME/ANSI 

A112.19.6–1995 to comply with ASME/ 

ANSI A112.19.6–2008. The proposed 

changes involve minor adjustments in 

test setup, the specification of certain 

instrumentation tolerances, and minor 

adjustment to test pressures, none of 

which would require additional 

equipment or lengthen the time required 

to complete the test. Because there are 

no major changes in testing procedures 

or requirements for these products, DOE 

proposes to incorporate this change by 

reference. The changes proposed in this 

rule would not alter current testing 

procedures, calculation methodologies 

or enforcement. Therefore, DOE has 

tentatively concluded there would be no 

incremental cost burden to small 

manufacturers associated with the nonsubstantive changes in this proposed 

rule. 

Commercial Prerinse Spray Valves 

DOE currently requires that 

commercial prerinse spray valves be 

tested according to the ASTM Standard 

Test Method for Prerinse Spray Valves 

(ASTM F2324–03). This proposed rule 

would not make any alterations to this 

test, as it has not been updated since the 

2003 version that DOE incorporated in 

the Code of Federal Regulations. 70 FR 

60407 (October 18, 2005). Thus, DOE 

determines there would be no 

incremental cost burden to 

manufacturers of commercial prerinse 

spray valves associated with this 

proposed rule. 

As indicated previously, DOE has 

analyzed the manufacturing industry for 

showerheads, faucets, water closets, 

urinals and commercial prerinse spray 

valves and has determined that 58 

percent of all plumbing equipment 

manufacturers could be classified as 

small entities according to the SBA 

classification. Although 58 percent of 

the market is a significant portion of the 

overall industry, these manufacturers 

would not be significantly affected by 

this rule because there would be no 

incremental costs to any entity due to its 

implementation. In the absence of 

potential cost impacts, the proposed 

rule by definition would not have 

disproportionate effects on small 

businesses. 

Based on the criteria outlined in the 

preceding paragraph, DOE has 

tentatively concluded that the proposed 

testing procedure amendments would 

not have a ‘‘significant economic impact 

on a substantial number of small 

entities,’’ and the preparation of an 

IRFA is not warranted. DOE will 

transmit the certification and supporting 

statement of factual basis to the Chief 

Counsel for Advocacy of the Small 

Business Administration for review 

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

DOE seeks comment on its tentative 

conclusion that the proposed test 

procedure changes will not have a 

significant impact on a substantial 

number of small entities. 

C. Review Under the Paperwork 

Reduction Act of 1995 

Manufacturers of showerheads, 

faucets, water closets, urinals, and 

commercial prerinse spray valves must 

certify to DOE that their products 

comply with any applicable water 

conservation standards. In certifying 

compliance, manufacturers must test 
Federal Register / Vol. 77, No. 104 / Wednesday, May 30, 2012 / Proposed Rules 31751 

their products according to the DOE test 

procedures for showerheads, faucets, 

water closets, urinals, and commercial 

prerinse spray valves, including any 

amendments adopted for those test 

procedures. DOE has established 

regulations for the certification and 

recordkeeping requirements for all 

covered consumer products and 

commercial equipment, including 

showerheads, faucets, water closets, 

urinals, and commercial prerinse spray 

valves. 76 FR 12422 (March 7, 2011). 

The collection-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 20 hours per 

response, including the time for 

reviewing instructions, searching 

existing data sources, gathering and 

maintaining the data needed, and 

completing and reviewing the collection 

of information. 

Notwithstanding any other provision 

of the law, no person is required to 

respond to, nor shall any person be 

subject to a penalty for failure to comply 

with, a collection of information subject 

to the requirements of the PRA, unless 

that collection of information displays a 

currently valid OMB Control Number. 

D. Review Under the National 

Environmental Policy Act of 1969 

In this notice, DOE proposes to amend 

its test procedure for showerheads, 

faucets, water closets, and urinals to 

improve the ability of DOE’s procedures 

to more accurately account for the water 

consumption of these products. DOE 

has determined that this rule falls into 

a class of actions that are categorically 

excluded from review under the 

National Environmental Policy Act of 

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

implementing regulations at 10 CFR part 

1021. Specifically, this rule amends an 

existing rule without changing its 

environmental effect, and, therefore, is 

covered by the Categorical Exclusion in 

10 CFR part 1021, subpart D, paragraph 

A5. The exclusion applies because this 

rule would establish revisions to 

existing test procedures that would not 

affect the amount, quality, or 

distribution of energy usage, and, 

therefore, would not result in any 

environmental impacts. Accordingly, 

neither an environmental assessment 

nor an environmental impact statement 

is required. 

E. Review Under Executive Order 13132 

Executive Order 13132, ‘‘Federalism,’’ 

imposes certain requirements on 

agencies formulating and implementing 

policies or regulations that preempt 

State law or that have Federalism 

implications. 64 FR 43255 (August 10, 

1999). 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 

that it will follow in developing such 

regulations. 65 FR 13735. DOE 

examined this proposed rule and 

determined that it would 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 

proposed 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) 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,’’ 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. 61 FR 4729 (Feb. 

7, 1996). Section 3(b) of Executive Order 

12988 specifically requires that 

Executive agencies make every 

reasonable effort to ensure that the 

regulation specifies the following: (1) 

the preemptive effect, if any; (2) any 

effect on existing Federal law or 

regulation; (3) a clear legal standard for 

affected conduct while promoting 

simplification and burden reduction; (4) 

the retroactive effect, if any; (5) 

definitions of key terms; and (6) 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 

whether 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 

proposed 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) (Pub. L. 

104–4; 2 U.S.C. 1501 et seq.) requires 

each Federal agency to assess the effects 

of Federal regulatory actions on State, 

local, and Tribal governments and the 

private sector. For a proposed regulatory 

action likely to result 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 estimates of the resulting 

costs, benefits, and other effects on the 

national economy. (2 U.S.C. 1532(a)–(b)) 

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 such 

governments. On March 18, 1997, DOE 

published a statement of policy on its 

process for intergovernmental 

consultation under UMRA. 62 FR 

12820. (The policy is also available at 

http://www.gc.doe.gov/gc/office-generalcounsel.) This proposed rule contains 

neither an intergovernmental mandate 

nor a mandate that may result in an 

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 

proposed rule would not have any 

impact on the autonomy or integrity of 
31752 Federal Register / Vol. 77, No. 104 / Wednesday, May 30, 2012 / Proposed Rules 

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 proposed 

regulation would not result in any 

takings that might require compensation 

under the Fifth Amendment to the U.S. 

Constitution. 

J. Review Under the Treasury and 

General Government Appropriations 

Act, 2001 

Section 515 of the Treasury and 

General Government Appropriations 

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

for agencies to review most 

disseminations of information to the 

public under guidelines established by 

each agency pursuant to general 

guidelines issued by OMB. OMB’s 

guidelines were published at 67 FR 

8452 (Feb. 22, 2002), and DOE’s 

guidelines were published at 67 FR 

62446 (Oct. 7, 2002). DOE has reviewed 

this proposed rule under 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 the Office of 

Information and Regulatory Affairs 

(OIRA) a Statement of Energy Effects for 

any proposed significant energy action. 

A ‘‘significant energy action’’ is defined 

as any action by an agency that 

promulgates 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 proposed significant energy action, 

the agency must give a detailed 

statement of any adverse effects on 

energy supply, distribution, or use if the 

proposal is implemented, and of 

reasonable alternatives to the action and 

their expected benefits on energy 

supply, distribution, and use. 

This proposed regulatory action to 

amend the test procedures for 

measuring the water consumption of 

showerheads, faucets, water closets, and 

urinals is not a significant regulatory 

action under Executive Order 12866. It 

has likewise not been designated as a 

significant energy action by the 

Administrator of OIRA. Moreover, it 

would not have a significant adverse 

effect on the supply, distribution, or use 

of energy. 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 DOE 

Organization Act (Pub. L. 95–91; 42 

U.S.C. 7101 et seq.), 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 (FEAA). (15 

U.S.C. 788) Section 32 essentially 

provides in part that, where a proposed 

rule authorizes or requires use of 

commercial standards, the rulemaking 

must inform the public of the use and 

background of such standards. In 

addition, section 32(c) requires DOE to 

consult with the U.S. Attorney General 

(Attorney General) and the Chairman of 

the Federal Trade Commission (FTC) 

concerning the impact of the 

commercial or industry standards on 

competition. 

The proposed modifications to the 

test procedures addressed by this 

proposed action incorporate testing 

methods contained in section 5.4 of 

commercial standard ASME/ANSI 

Standard A112.18.1–2011 and sections 

7.1.1, 7.1.2, 7.1.3, 7.1.4, 7.4, 8.2.1, 8.2.2, 

8.2.3, and 8.6 of commercial standard 

ASME/ANSI Standard A112.19.2–2008. 

DOE has evaluated these standards and 

is unable to conclude whether they fully 

comply with the requirements of section 

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

were developed in a manner that fully 

provides for public participation, 

comment, and review.) DOE will 

consult with the Attorney General and 

the Chairman of the FTC about the 

impact on competition of using the 

methods contained in these standards, 

before prescribing a final rule. 

V. Public Participation 

A. Attendance at the Public Meeting 

The time, date and location of the 

public meeting are listed in the DATES 

and ADDRESSES sections of this 

document. If you plan to attend the 

public meeting, please notify Ms. 

Brenda Edwards at (202) 586–2945 or 

Brenda.Edwards@ee.doe.gov. As 

explained in the ADDRESSES section, 

foreign nationals visiting DOE 

Headquarters are subject to advance 

security screening procedures. 

In addition, you can attend the public 

meeting via webinar. To participate via 

webinar, participants must notify DOE 

no later than Tuesday, July 17, 2012. 

Webinar registration information, 

participant instructions, and 

information about the capabilities 

available to webinar participants will be 

published on the following Web site: 

https://www1.gotomeeting.com/register/ 

878216768. Participants are responsible 

for ensuring their systems are 

compatible with the webinar software. 

B. Procedure for Submitting Requests To 

Speak 

Any person who has plans to present 

a prepared general statement may 

request that copies of his or her 

statement be made available at the 

public meeting. Such persons may 

submit requests, along with an advance 

electronic copy of their statement in 

PDF (preferred), Microsoft Word or 

Excel, WordPerfect, or text (ASCII) file 

format, to the appropriate address 

shown in the ADDRESSES section of this 

proposed rule. The request and advance 

copy of statements must be received at 

least one week before the public 

meeting and may be emailed, handdelivered, or sent by mail. DOE prefers 

to receive requests and advance copies 

via email. Please include a telephone 

number to enable DOE staff to make a 

follow-up contact, if needed. 

C. Conduct of Public Meeting 

DOE will designate a DOE official to 

preside at the public meeting and may 

also use a professional facilitator to aid 

discussion. The meeting will not be a 

judicial or evidentiary-type public 

hearing, but DOE will conduct it in 

accordance with section 336 of EPCA 

(42 U.S.C. 6306). A court reporter will 

be present to record the proceedings and 

prepare a transcript. DOE reserves the 

right to schedule the order of 

presentations and to establish the 

procedures governing the conduct of the 

public meeting. After the public 

meeting, interested parties may submit 

further comments on the proceedings as 

well as on any aspect of the rulemaking 

until the end of the comment period. 

The public meeting will be conducted 

in an informal, conference style. DOE 

will present summaries of comments 

received before the public meeting, 

allow time for prepared general 

statements by participants, and 

encourage all interested parties to share 

their views on issues affecting this 

rulemaking. Each participant will be 

allowed to make a general statement 

(within time limits determined by DOE) 
Federal Register / Vol. 77, No. 104 / Wednesday, May 30, 2012 / Proposed Rules 31753 

before the discussion of specific topics. 

DOE will permit, as time permits, other 

participants to comment briefly on any 

general statements. 

At the end of all prepared statements 

on a topic, DOE will permit participants 

to clarify their statements briefly and 

comment on statements made by others. 

Participants should be prepared to 

answer questions by DOE and by other 

participants concerning these issues. 

DOE representatives may also ask 

questions of participants concerning 

other matters relevant to this 

rulemaking. The official conducting the 

public meeting will accept additional 

comments or questions from those 

attending, as time permits. The 

presiding official will announce any 

further procedural rules or modification 

of the procedures discussed in this 

section that may be needed for the 

proper conduct of the public meeting. 

A transcript of the public meeting will 

be included in the docket, which can be 

viewed as described in the Docket 

section at the beginning of this notice. 

In addition, any person may buy a copy 

of the transcript from the transcribing 

reporter. 

D. Submission of Comments 

DOE will accept comments, data, and 

information regarding this proposed 

rule before or after the public meeting, 

but no later than the date provided in 

the DATES section of this proposed rule. 

Interested parties may submit comments 

using any of the methods described in 

the ADDRESSES section of this proposed 

rule. 

Submitting comments via 

regulations.gov. The regulations.gov 

Web page will require you to provide 

your name and contact information. 

Your contact information will be 

viewable to DOE Building Technologies 

staff only. Your contact information will 

not be publicly viewable except for your 

first and last names, organization name 

(if any), and submitter representative 

name (if any). If your comment is not 

processed properly because of technical 

difficulties, DOE will use this 

information to contact you. If DOE 

cannot read your comment due to 

technical difficulties and cannot contact 

you for clarification, DOE may not be 

able to consider your comment. 

However, your contact information 

will be publicly viewable if you include 

it in the comment or in any documents 

attached to your comment. Any 

information that you do not want to be 

publicly viewable should not be 

included in your comment or in any 

document attached to your comment. 

Persons viewing comments will see only 

first and last names, organization 

names, correspondence containing 

comments, and any documents 

submitted with the comments. 

Do not submit to regulations.gov 

information for which disclosure is 

restricted by statute, such as trade 

secrets and commercial or financial 

information (hereinafter referred to as 

Confidential Business Information 

(CBI)). Comments submitted through 

regulations.gov cannot be claimed as 

CBI. Comments received through the 

Web site will waive any CBI claims for 

the information submitted. For 

information on submitting CBI, see the 

‘‘Confidential Business Information’’ 

section. 

DOE processes submissions made 

through regulations.gov before posting. 

Normally, comments will be posted 

within a few days of being submitted. 

However, if large volumes of comments 

are being processed simultaneously, 

your comment may not be viewable for 

up to several weeks. Please keep the 

comment tracking number that 

regulations.gov provides after you have 

successfully uploaded your comment. 

Submitting comments via email, hand 

delivery, or mail. Comments and 

documents submitted via email, hand 

delivery, or mail also will be posted to 

regulations.gov. If you do not want your 

personal contact information to be 

publicly viewable, do not include it in 

your comment or any accompanying 

documents. Instead, provide your 

contact information on a cover letter. 

Include your first and last names, email 

address, telephone number, and 

optional mailing address. The cover 

letter will not be publicly viewable as 

long as it does not include any 

comments. 

Include contact information each time 

you submit comments, data, documents, 

and other information to DOE. If you 

submit via mail or hand delivery, please 

provide all items on a CD, if feasible. It 

is not necessary to submit printed 

copies. No facsimiles (faxes) will be 

accepted. 

Comments, data, and other 

information submitted to DOE 

electronically should be provided in 

PDF (preferred), Microsoft Word or 

Excel, WordPerfect, or text (ASCII) file 

format. Provide documents that are not 

secured, written in English and are free 

of any defects or viruses. Documents 

should not contain special characters or 

any form of encryption and, if possible, 

they should carry the electronic 

signature of the author. 

Campaign form letters. Please submit 

campaign form letters by the originating 

organization in batches of between 50 to 

500 form letters per PDF or as one form 

letter with a list of supporters’ names 

compiled into one or more PDFs. This 

reduces comment processing and 

posting time. 

Confidential Business Information. 

Any person submitting information that 

he or she believes to be confidential and 

exempt by law from public disclosure 

should submit via email, postal mail, or 

hand delivery two well-marked copies: 

one copy of the document marked 

confidential including all the 

information believed to be confidential, 

and one copy of the document marked 

non-confidential with the information 

believed to be confidential deleted. 

Submit these documents via email or on 

a CD, if feasible. DOE will make its own 

determination about the confidential 

status of the information and treat it 

according to its determination. 10 CFR 

1004.11(e) 

Factors of interest to DOE when 

evaluating requests to treat submitted 

information as confidential include: (1) 

A description of the items; (2) whether 

and why such items are customarily 

treated as confidential within the 

industry; (3) whether the information is 

generally known by or available from 

other sources; (4) whether the 

information has previously been made 

available to others without obligation 

concerning its confidentiality; (5) an 

explanation of the competitive injury to 

the submitting person which would 

result from public disclosure; (6) when 

such information might lose its 

confidential character due to the 

passage of time; and (7) why disclosure 

of the information would be contrary to 

the public interest. 

It is DOE’s policy that all comments 

may be included in the public docket, 

without change and as received, 

including any personal information 

provided in the comments (except 

information deemed to be exempt from 

public disclosure). 

E. Issues on Which DOE Seeks Comment 

Although DOE welcomes comments 

on any aspect of this proposal, DOE is 

particularly interested in receiving 

comments and views of interested 

parties concerning the following issues: 

1. DOE requests comment on its 

proposal to incorporate by reference 

ASME/ANSI Standard A112.18.1–2011, 

‘‘Plumbing Supply Fittings,’’ 

specifically regarding the following 

substantive changes to the current DOE 

test procedures for showerheads and 

faucets: (1) A requirement that the 

pressure differential measurement be 

within +/¥ 1 pound per square inch 

(psi) for faucets and +/¥ 2 psi for 

showerheads (not previously specified 

for either product), (2) a change in the 

test procedure temperature range to 5 to 
31754 Federal Register / Vol. 77, No. 104 / Wednesday, May 30, 2012 / Proposed Rules 

71 °C for faucets (previously 4 to 66 °C) 

and to 32 to 44 °C for showerheads 

(previously 4 to 66 °C), (3) required use 

of a container large enough to hold 

water collected over a minimum of 1 

minute when using the time/volume test 

procedure method (not previously 

specified), and (4) a requirement that 

flow be maintained for at least 1 minute 

for showerheads (not previously 

specified). 

2. DOE requests comment on the 

proposed incorporation by reference of 

the ASME/ANSI Standard A112.19.2– 

2008, ‘‘Ceramic Plumbing Fixtures,’’ 

specifically regarding the following 

substantive changes to the current test 

procedures for water closets and urinals: 

(1) A required filter in the apparatus setup (not previously required), (2) 

receiving vessel calibration of 0.25 liters 

(0.07 gallons) (decreased from 0.1 

gallons), (3) required use of an electric 

timer with increments that are accurate 

to within a tenth of a second to verify 

the actuator is held for a maximum of 

1 second (not previously specified), (4) 

change in the static pressure 

requirements for a flushometer valve 

with a siphonic bowl to 80 and 35 psi 

(previously 80, 50, and 15 psi) and with 

blowout bowl to 80 and 45 psi 

(previously 80, 50, and 35 psi), and (5) 

requiring rounding of the calculated 

value for each tested unit to the number 

of significant digits resulting from the 

test in place of the 0.25 liter increment 

in the revised ANSI/ASME standard. 

3. DOE requests comments on (1) its 

proposal to develop a test procedure to 

measure the average representative 

water use of dual-flush water closets in 

general, (2) whether the use of a 

composite average of the flush volumes 

of a dual-flush water closet is 

representative of the average water use 

of these products, and (3) whether the 

specific ratio of flush volumes proposed 

in this notice (i.e., two reduced flushes 

and one full flush) is an appropriate 

measure of the representative average 

water use of dual-flush water closets. 

4. DOE requests comment on its 

proposal to retain the existing test 

procedure for commercial prerinse 

spray valves and incorporate by 

reference the most recent version of 

ASTM F2324–03. DOE is also interested 

in any views on the suitability of this 

procedure for meeting the requirements 

of EPCA with respect to 

representativeness of measurements and 

test burden. 

5. DOE requests comments and 

information on prospective methods for 

verifying that the 8 lb. force requirement 

in section 4.11.1 of ASME/ANSI 

Standard A112.18.1–2011 has been met, 

and any showerhead designs that may 

complicate verification of the 8 lb. force 

provision or make it unnecessary. 

6. DOE requests comment on its 

proposed definitions of the terms 

‘‘accessory,’’ ‘‘body spray,’’ ‘‘fitting,’’ 

‘‘hand-held showerhead,’’ and ‘‘dualflush water closet,’’ and its proposed 

amendment to the existing definition of 

‘‘showerhead.’’ 

7. DOE requests comment on the 

current definition of a basic model of 

water closet and urinal and any other 

factors that DOE should consider in 

determining the appropriate means by 

which to group various combinations of 

water closet or urinal bowls with 

flushing devices as basic models and 

rate their water consumption. 

8. DOE requests comment on all 

elements of the provisions for the 

calculation of test results, including the 

confidence limits; revisions to the 

sampling plans that might better reflect 

the level of precision that is achievable 

for each respective test; and variability 

in measured water consumption that is 

expected for each respective product. 

9. DOE seeks comment on its tentative 

conclusion that the proposed test 

procedure changes will not have a 

significant impact on a substantial 

number of small entities. 

VI. Approval of the Office of the 

Secretary 

The Secretary of Energy has approved 

publication of this proposed rule. 

List of Subjects 

10 CFR Part 429 

Administrative practice and 

procedure, Confidential business 

information, Energy conservation, 

Imports, Intergovernmental relations, 

Small businesses. 

10 CFR Part 430 

Administrative practice and 

procedure, Confidential business 

information, Energy conservation, 

Imports, Incorporation by reference, 

Intergovernmental relations, Small 

businesses. 

10 CFR Part 431 

Administrative practice and 

procedure, Confidential business 

information, Energy conservation, 

Imports, Incorporation by reference, 

Intergovernmental relations, Small 

businesses. 

Issued in Washington, DC, on May 17, 

2012. 

Kathleen B. Hogan, 

Deputy Assistant Secretary of Energy, 

Efficiency and Renewable Energy. 

For the reasons stated in the 

preamble, DOE proposes to amend parts 

429, 430 and 431 of chapter II of title 10 

of the Code of Federal Regulations, to 

read as set forth below: 

PART 429—CERTIFICATION, 

COMPLIANCE, AND ENFORCEMENT 

FOR CONSUMER PRODUCTS AND 

COMMERCIAL AND INDUSTRIAL 

EQUIPMENT 

1. The authority citation for part 429 

continues to read as follows: 

Authority: 42 U.S.C. 6291–6317. 

2. Section 429.28 is amended by 

revising paragraph (b)(2) to read as 

follows: 

§ 429.28 Faucets. 

* * * * * 

(b) * * * 

(2) Pursuant to § 429.12(b)(13), a 

certification report shall include the 

following public product-specific 

information: For non-metering faucets, 

the maximum water use in gallons per 

minute (gpm) rounded to the nearest 0.1 

gpm; for metering faucets, the maximum 

water use in gallons per cycle (gal/cycle) 

rounded to the nearest 0.01 gal/cycle; 

and for all faucet types, the flow water 

pressure in pounds per square inch 

(psi). 

3. Section 429.29 is amended by 

revising paragraph (b)(2) to read as 

follows: 

§ 429.29 Showerheads. 

* * * * * 

(b) * * * 

(2) Pursuant to § 429.12(b)(13), a 

certification report shall include the 

following public product-specific 

information: The maximum water use in 

gallons per minute (gpm) rounded to the 

nearest 0.1 gpm and the maximum flow 

water pressure in pounds per square 

inch (psi). 

* * * * * 

4. Section 429.30 is amended by 

revising paragraph (b)(2) to read as 

follows: 

§ 429.30 Water closets. 

* * * * * 

(b) * * * 

(2) Pursuant to § 429.12(b)(13), a 

certification report shall include the 

following public product-specific 

information: The maximum water use in 

gallons per flush (gpf), rounded to the 

nearest 0.01 gpf. 

5. Section 429.31 is amended by 

revising paragraph (b)(2) to read as 

follows: 

§ 429.31 Urinals. 

* * * * * 

(b) * * * 

(2) Pursuant to § 429.12(b)(13), a 

certification report shall include the 
Federal Register / Vol. 77, No. 104 / Wednesday, May 30, 2012 / Proposed Rules 31755 

following public product-specific 

information: The maximum water use in 

gallons per flush (gpf), rounded to the 

nearest 0.01 gpf; and for trough-type 

urinals, the maximum flow rate in 

gallons per minute (gpm), rounded to 

the nearest 0.01 gpm, and the length of 

the trough in inches (in). 

6. Section 429.51 is amended by 

revising paragraph (b)(2) to read as 

follows: 

§ 429.51 Commercial pre-rinse spray 

valves. 

* * * * * 

(b) * * * 

(2) Pursuant to § 429.12(b)(13), a 

certification report shall include the 

following public product-specific 

information: The maximum flow rate in 

gallons per minute (gpm), rounded to 

the nearest 0.1 gpm. 

PART 430—ENERGY CONSERVATION 

PROGRAM FOR CONSUMER 

PRODUCTS 

7. The authority citation for part 430 

continues to read as follows: 

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

2461 note. 

8. Section 430.2 is amended by 

adding, in alphabetical order, 

definitions for ‘‘Accessory,’’ ‘‘Body 

spray,’’ ‘‘Fitting,’’ ‘‘Dual-flush water 

closet,’’ and ‘‘Hand-held showerhead,’’ 

and by revising the definition of 

‘‘Showerhead’’ to read as follows: 

§ 430.2 Definitions. 

* * * * * 

Accessory means, with respect to 

plumbing fittings, a component that can, 

at the discretion of the user, be readily 

added, removed, or replaced and that, 

when removed, will not prevent the 

fitting from fulfilling its primary 

function. 

* * * * * 

Body spray means a shower device for 

spraying water onto a bather from other 

than the overhead position. 

* * * * * 

Dual-flush water closet means a water 

closet incorporating a feature that 

allows the user to flush the water closet 

with either a reduced or a full volume 

of water. 

* * * * * 

Fitting means a device that controls 

and guides the flow of water. 

* * * * * 

Hand-held showerhead means a 

showerhead that can be fixed in place 

or used as a movable accessory for 

directing water onto a bather. 

* * * * * 

Showerhead means an accessory, or 

set of accessories, to a supply fitting 

distributed in commerce for attachment 

to a single supply fitting, for spraying 

water onto a bather, typically from an 

overhead position, including body 

sprays and hand-held showerheads, but 

excluding safety shower showerheads. 

* * * * * 

9. Section 430.3 is amended by 

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

read as follows: 

§ 430.3 Materials incorporated by 

reference. 

* * * * * 

(g) * * * 

(1) ASME/ANSI A112.18.1–2011, 

‘‘Plumbing Fixture Fittings,’’ approved 

May 31, 2011, IBR approved for 

appendix S to subpart B. 

(2) ASME/ANSI A112.19.2–2008, 

‘‘Plumbing Fixture Fittings,’’ approved 

August 1, 2008, IBR approved for 

appendix T to subpart B. 

* * * * * 

10. Section 430.23 is amended by 

revising paragraph (u) to read as 

follows: 

§ 430.23 Test procedures for the 

measurement of energy and water 

consumption. 

* * * * * 

(u) Water closets. The maximum 

water use for water closets, expressed in 

gallons and liters per flush (gpf and 

Lpf), shall be measured in accordance 

with section 3(a) of appendix T of this 

subpart. The maximum water use for 

dual-flush water closets, also expressed 

in gpf and Lpf, shall be the full flush 

volume, as measured in accordance 

with section 3(a) of appendix T of this 

subpart. Representative average water 

use of dual-flush water closets shall be 

calculated using a composite average of 

two reduced flush volumes and one full 

flush volume, as measured in 

accordance with section 3(a) of 

appendix T of this subpart. 

* * * * * 

11. Appendix S to subpart B of part 

430 is amended by revising section 2, 

‘‘Flow Capacity Requirements,’’ to read 

as follows: 

Appendix S to Subpart B of Part 430— 

Uniform Test Method for Measuring the 

Water Consumption of Faucets and 

Showerheads 

* * * * * 

2. Flow Capacity Requirements 

a. Faucets—The test procedures to measure 

the water flow rate for faucets, expressed in 

gallons per minute (gpm) and liters per 

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

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

conducted in accordance with the test 

requirements specified in section 5.4, Flow 

Rate, of ASME/ANSI A112.18.1–2011 

(incorporated by reference, see § 430.3). 

Measurements shall be recorded at the 

resolution of the test instrumentation. 

Calculations shall be rounded off to the same 

number of significant digits as the previous 

step. The final water consumption value of 

each tested unit shall be rounded to one 

decimal place for non-metered faucets, or 

two decimal places for metered faucets. 

b. Showerheads—The test procedures to 

measure the water flow rate for showerheads, 

expressed in gallons per minute (gpm) and 

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

in accordance with the test requirements 

specified in section 5.4, Flow Rate, of the 

ASME/ANSI A112.18.1–2011 (incorporated 

by reference, see § 430.3). Measurements 

shall be recorded at the resolution of the test 

instrumentation. Calculations shall be 

rounded off to the same number of significant 

digits as the previous step. The final water 

consumption value of each tested unit shall 

be rounded to one decimal place. 

12. Appendix T to subpart B of part 

430 is amended by revising section 2, 

‘‘Test Apparatus and General 

Instructions,’’ and section 3, ‘‘Test 

Measurement,’’ to read as follows: 

Appendix T to Subpart B of Part 430— 

Uniform Test Method for Measuring the 

Water Consumption of Water Closets 

and Urinals 

* * * * * 

2. Test Apparatus and General Instructions 

a. The test apparatus and instructions for 

testing water closets shall conform to the 

requirements specified in section 7.1, 

General, subsections 7.1.1, 7.1.2, 7.1.3, and 

7.1.4 of ASME/ANSI A112.19.2–2008 

(incorporated by reference, see § 430.3). 

Measurements shall be recorded at the 

resolution of the test instrumentation. 

Calculations of water consumption for each 

tested unit shall be rounded off to the same 

number of significant digits as the previous 

step. 

b. The test apparatus and instructions for 

testing urinals shall conform to the 

requirements specified in section 8.2, Test 

Apparatus and General Instructions, 

subsections 8.2.1, 8.2.2, and 8.2.3 of ASME/ 

ANSI A112.19.2–2008 (incorporated by 

reference, see § 430.3). Measurements shall 

be recorded at the resolution of the test 

instrumentation. Calculations of water 

consumption for each tested unit shall be 

rounded off to the same number of significant 

digits as the previous step. 

3. Test Measurement 

a. Water closets—The measurement of the 

water flush volume for water closets, 

expressed in gallons per flush (gpf) and liters 

per flush (Lpf), shall be conducted in 

accordance with the test requirements 

specified in section 7.4, Water Consumption 

Test, of ASME/ANSI A112.19.2–2008 

(incorporated by reference, see § 430.3). For 

dual-flush water closets, measurement of the 

water flush volume for the full flush and 

reduced flush modes shall be conducted in 

accordance with all test requirements for 

water closets specified in this appendix. 
31756 Federal Register / Vol. 77, No. 104 / Wednesday, May 30, 2012 / Proposed Rules 

b. Urinals—The measurement of water 

flush volume for urinals, expressed in gallons 

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

be conducted in accordance with the test 

requirements specified in section 8.6, Water 

Consumption Test, of ASME/ANSI 

A112.19.2–2008 (incorporated by reference, 

see § 430.3). 

13. Section 430.32 is amended by 

revising paragraph (p) to read as 

follows: 

§ 430.32 Energy and water conservation 

standards and their effective dates. 

* * * * * 

(p) Showerheads. The maximum 

water use allowed for a showerhead 

shall be 2.5 gallons per minute (9.5 

liters per minute) when measured at a 

flowing pressure of 80 pounds per 

square inch gage (552 kilopascals). 

When used as a component of any such 

showerhead, the flow-restricting insert 

shall be mechanically retained at the 

point of manufacture such that a force 

of 8.0 lbf (36 N) or more is required to 

remove the flow-restricting insert. This 

requirement shall not apply to 

showerheads that would cause water to 

leak significantly from areas other than 

the spray face if the flow-restricting 

insert were removed. 

* * * * * 

PART 431—ENERGY EFFICIENCY 

PROGRAM FOR CERTAIN 

COMMERCIAL AND INDUSTRIAL 

EQUIPMENT 

14. The authority citation for part 431 

continues to read as follows: 

Authority: 42 U.S.C. 6291–6317. 

15. Section 431.263 is revised to read 

as follows: 

§ 431.263 Materials incorporated by 

reference. 

(a) DOE incorporates by reference the 

following standard into part 431. The 

material listed has been approved for 

incorporation by reference by the 

Director of the Federal Register in 

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

CFR part 51. Any subsequent 

amendment to a standard by the 

standard-setting organization will not 

affect the DOE regulations unless and 

until amended by DOE. Material is 

incorporated as it exists on the date of 

the approval and a notice of any change 

in the material will be published in the 

Federal Register. All approved material 

is available for inspection at the 

National Archives and Records 

Administration (NARA). For 

information on the availability of this 

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

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

federal_register/ 

code_of_federal_regulations/ 

ibr_locations.html. Also, this material is 

available for inspection at U.S. 

Department of Energy, Office of Energy 

Efficiency and Renewable Energy, 

Building Technologies Program, 6th 

Floor, 950 L’Enfant Plaza SW., 

Washington, DC 20024, (202) 586–2945, 

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

buildings/appliance_standards/. This 

standard can be obtained from the 

source below. 

(b) ASTM. American Society for 

Testing and Materials International, 100 

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

Conshohoken, PA 19428–2959, (610) 

832–9585, or got to http:// 

www.astm.org. 

(1) ASME Standard F2324–03 (2009), 

Standard Test Method for Prerinse 

Spray Valves, approved May 1, 2009; 

IBR approved for § 431.264. 

(2) Reserved. 

16. Section 431.264 paragraph (b) is 

revised to read as follows: 

§ 431.264 Uniform test method for the 

measurement of flow rate for commercial 

prerinse spray valves. 

* * * * * 

(b) Testing and Calculations. The test 

procedure to determine the water 

consumption flow rate for prerinse 

spray valves, expressed in gallons per 

minute (gpm) or liters per minute (L/ 

min), shall be conducted in accordance 

with the test requirements specified in 

sections 4.1 and 4.2 (Summary of Test 

Method), 5.1 (Significance and Use), 6.1 

through 6.9 (Apparatus) except 6.5, 9.1 

through 9.5 (Preparation of Apparatus), 

and 10.1 through 10.2.5. (Procedure), 

and calculations in accordance with 

sections 11.1 through 11.3.2 

(Calculation and Report) of ASTM 

F2324–03 (2009), ‘‘Standard Test 

Method for Prerinse Spray Valves.’’ 

(incorporated by reference, see 

§ 431.263) Perform only the procedures 

pertinent to the measurement of flow 

rate. Record measurements at the 

resolution of the test instrumentation. 

Round off calculations to the same 

number of significant digits as the 

previous step. Round the final water 

consumption value to one decimal place 

as follows: 

(1) A fractional number at or above 

the midpoint between two consecutive 

decimal places shall be rounded up to 

the higher of the two decimal places; or 

(2) A fractional number below the 

midpoint between two consecutive 

decimal places shall be rounded down 

to the lower of the two decimal places. 

[FR Doc. 2012–12919 Filed 5–29–12; 8:45 am] 

BILLING CODE 6450–01–P 

DEPARTMENT OF ENERGY 

10 CFR Parts 429, 430, and 431 

[Docket No. EERE–2011–BT–TP–0024] 

RIN 1904–AC46 

Energy Conservation Program: 

Alternative Efficiency Determination 

Methods and Alternative Rating 

Methods: Public Meeting 

AGENCY: Office of Energy Efficiency and 

Renewable Energy, Department of 

Energy. 

ACTION: Notice of public meeting. 

SUMMARY: The U.S. Department of 

Energy (DOE) is holding a public 

meeting to provide interested parties an 

opportunity to comment on DOE’s 

proposed modifications to the 

regulations authorizing the use of 

alternative methods of determining 

energy efficiency or energy 

consumption of various consumer 

products and commercial equipment. 

DATES: DOE will hold a public meeting 

on Tuesday, June 5, 2012, from 9:00 

a.m. to 4:00 p.m., in Washington, DC. 

DOE must receive requests to speak at 

the public meeting before 4:00 p.m., 

Friday, June 1, 2012. Participants 

seeking to present statements in person 

during the meeting must submit to DOE 

a signed original and an electronic copy 

of statements to be given at the public 

meeting before 4:00 p.m., Friday, June 1, 

2012. Additionally, DOE plans to 

conduct the public meeting via webinar. 

Additional details regarding webinar 

registration will be posted on DOE’s 

certification and enforcement Web page 

(http://www1.eere.energy.gov/buildings/ 

appliance_standards/ 

certification_enforcement.html). 

ADDRESSES: The public meeting will be 

held at the U.S. Department of Energy, 

Forrestal Building, Room 8E–089, 1000 

Independence Avenue SW., 

Washington, DC 20585–0121. To attend, 

please notify Ms. Brenda Edwards at 

(202) 586–2945. Please note that foreign 

nationals visiting DOE Headquarters are 

subject to advance security screening 

procedures. Any foreign national 

wishing to participate in the public 

meeting should advise DOE as soon as 

possible by contacting Ms. Brenda 

Edwards at (202) 586–2945 to initiate 

the necessary procedures. 

Docket: The docket is available for 

review at www.regulations.gov. All 

documents in the docket are listed in 

the www.regulations.gov index. 

However, not all documents in the 

index may be publicly available, such as 

information that is exempt from public 

disclosure. A link to the docket Web