This section of the FEDERAL REGISTER

contains notices to the public of the proposed

issuance of rules and regulations. The

purpose of these notices is to give interested

persons an opportunity to participate in the

rule making prior to the adoption of the final

rules.

Proposed Rules Federal Register

49261 

Vol. 86, No. 168 

Thursday, September 2, 2021 

DEPARTMENT OF ENERGY 

10 CFR Part 430 

[EERE–2019–BT–TP–0021] 

RIN 1904–AE75 

Energy Conservation Program: Test 

Procedures for Consumer Products; 

Early Assessment Review; Faucets 

and Showerheads 

AGENCY: Office of Energy Efficiency and 

Renewable Energy, Department of 

Energy. 

ACTION: Request for information. 

SUMMARY: The U.S. Department of 

Energy (‘‘DOE’’) is undertaking an early 

assessment review to determine whether 

to proceed with a rulemaking to amend 

the test procedures for faucets and 

showerheads. Specifically, through this 

request for information (‘‘RFI’’), DOE 

seeks comment on the applicable 

consensus-based test procedures for 

measuring the water use of faucets and 

showerheads and whether such industry 

produces results that measure water use 

during a representative average use 

cycle or period of use for faucets and 

showerheads, and are not unduly 

burdensome to conduct. DOE welcomes 

written comments from the public on 

any subject within the scope of this 

document (including topics not raised 

in this RFI) as well as the submission of 

data and other relevant information 

concerning this early assessment 

review. 

DATES: Written comments and 

information are requested and will be 

accepted on or before October 4, 2021. 

ADDRESSES: Interested persons are 

encouraged to submit comments using 

the Federal eRulemaking Portal at 

www.regulations.gov. Follow the 

instructions for submitting comments. 

Alternatively, interested persons may 

submit comments by email to the 

following address: 

FaucetShowerhead2019TP0021@

ee.doe.gov. Include ‘‘Energy 

Conservation Program: Test Procedures 

for Consumer Products; Early 

Assessment Review; Faucets and 

Showerheads’’ and docket number 

EERE–2019–BT–TP–0021 and/or RIN 

number 1904–AE75 in the subject line 

of the message. Submit electronic 

comments in WordPerfect, Microsoft 

Word, PDF, or ASCII file format, and 

avoid the use of special characters or 

any form of encryption. 

Although DOE has routinely accepted 

public comment submissions through a 

variety of mechanisms, including postal 

mail and hand delivery/courier, the 

Department has found it necessary to 

make temporary modifications to the 

comment submission process in light of 

the ongoing corona virus (COVID–19) 

pandemic. DOE is currently accepting 

only electronic submissions at this time. 

If a commenter finds that this change 

poses an undue hardship, please contact 

Appliance Standards Program staff at 

(202) 586–1445 to discuss the need for 

alternative arrangements. Once the 

COVID–19 pandemic health emergency 

is resolved, DOE anticipates resuming 

all of its regular options for public 

comment submission, including postal 

mail and hand delivery/courier. 

No telefacsimilies (faxes) will be 

accepted. For detailed instructions on 

submitting comments and additional 

information on this process, see section 

III of this document. 

Docket: The docket for this activity, 

which includes Federal Register 

notices, comments, and other 

supporting documents/materials, is 

available for review at 

www.regulations.gov. All documents in 

the docket are listed in the 

www.regulations.gov index. However, 

some documents listed in the index, 

such as those containing information 

that is exempt from public disclosure, 

may not be publicly available. 

The docket web page can be found at 

https://www1.eere.energy.gov/buildings/ 

appliance_standards/standards.aspx?

productid=40&action=viewcurrent and 

https://www1.eere.energy.gov/buildings/ 

appliance_standards/standards.aspx?

productid=2&action=viewlive. The 

docket web page contains simple 

instructions on how to access all 

documents, including public comments, 

in the docket. See section III for 

information on how to submit 

comments through 

www.regulations.gov. 

FOR FURTHER INFORMATION CONTACT: Mr. 

Bryan Berringer, U.S. Department of 

Energy, Office of Energy Efficiency and 

Renewable Energy, Building 

Technologies Office, EE–5B, 1000 

Independence Avenue SW, Washington, 

DC 20585–0121. Telephone: (202) 586– 

0371. Email: 

ApplianceStandardsQuestions@

ee.doe.gov. 

Ms. Amelia Whiting, U.S. Department 

of Energy, Office of the General Counsel, 

GC–33, 1000 Independence Avenue SW, 

Washington, DC 20585–0121. 

Telephone: (202) 586–2588. Email: 

Amelia.Whiting@hq.doe.gov. 

For further information on how to 

submit a comment or review other 

public comments and the docket, 

contact the Appliance and Equipment 

Standards Program staff at (202) 287– 

1445 or by email: 

ApplianceStandardsQuestions@

ee.doe.gov. 

SUPPLEMENTARY INFORMATION: 

Table of Contents 

I. Introduction 

A. Authority and Background 

B. Rulemaking History 

II. Request for Information 

A. Scope 

1. Faucets 

2. Showerheads 

B. Updates to Industry Standard 

C. Showerhead Test Procedure 

III. Submission of Comments 

I. Introduction 

DOE established an early assessment 

review process to conduct a more 

focused analysis that would allow DOE 

to determine, based on statutory criteria, 

whether an amended test procedure is 

warranted. This RFI requests 

information and data regarding whether 

amended test procedures would more 

accurately and fully comply with the 

requirement that the test procedures 

produce results that measure water use 

during a representative average use 

cycle or period of use for faucets and 

showerheads, and not be unduly 

burdensome to conduct. To inform 

interested parties and to facilitate this 

process, DOE has identified several 

issues associated with the currently 

applicable test procedures on which 

DOE is interested in receiving comment. 

Based on the information received in 

response to the RFI and DOE’s own 

analysis, DOE will determine whether to 

proceed with a rulemaking for an 


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49262 Federal Register / Vol. 86, No. 168 / Thursday, September 2, 2021 / Proposed Rules 

1All references to EPCA in this document refer 

to the statute as amended through the Energy Act 

of 2020, Public Law 116–260 (Dec. 27, 2020). 

2For editorial reasons, upon codification in the 

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

3The term ‘‘energy conservation standard’’ 

includes water use standards for showerheads, 

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

6291(6)(A)) 

amended test procedure. If DOE were to 

make an initial determination that an 

amended test procedure would more 

accurately or fully comply with 

statutory requirements, or DOE’s 

analysis were to be inconclusive, DOE 

would undertake a rulemaking to issue 

an amended the test procedure. If, 

however, DOE were to make an initial 

determination based upon available 

evidence that an amended test 

procedure would not meet the 

applicable statutory criteria, DOE would 

engage in notice and comment 

rulemaking before issuing a final 

determination that an amended test 

procedure is not warranted. 

A. Authority and Background 

The Energy Policy and Conservation 

Act of 1975, as amended (‘‘EPCA’’) 1, 

among other things, authorizes DOE to 

regulate the energy efficiency or water 

use of a number of consumer products 

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

6291–6317) Title III, Part B2 of EPCA 

establishes the Energy Conservation 

Program for Consumer Products Other 

Than Automobiles, which sets forth a 

variety of provisions designed to 

improve energy efficiency or water use. 

These products include faucets and 

showerheads, the subjects of this RFI. 

(42 U.S.C. 6292(a)(15) and (16)) 

The energy conservation program 

under EPCA consists essentially of four 

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

Federal energy conservation standards,3

and (4) certification and enforcement 

procedures. Relevant provisions of the 

Act specifically include definitions (42 

U.S.C. 6291), energy conservation 

standards (42 U.S.C. 6295), test 

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

provisions (42 U.S.C. 6294), and the 

authority to require information and 

reports from manufacturers. (42 U.S.C. 

6296) 

Federal energy efficiency and water 

use requirements for covered products 

established under EPCA generally 

supersede State laws and regulations 

concerning energy conservation testing, 

labeling, and standards. (42 U.S.C. 6297) 

DOE may, however, grant waivers of 

Federal preemption for particular State 

laws or regulations, in accordance with 

the procedures and other provisions of 

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

The Federal testing requirements 

consist of test procedures that 

manufacturers of covered products must 

use as the basis for: (1) Certifying to 

DOE that their products comply with 

the applicable energy conservation 

standards adopted pursuant to EPCA (42 

U.S.C. 6295(s)), and (2) making 

representations about the water use of 

those products (42 U.S.C. 6293(c)). 

Similarly, DOE must use these test 

procedures to determine whether the 

products comply with relevant 

standards promulgated under EPCA. (42 

U.S.C. 6295(s)) 

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

the criteria and procedures DOE must 

follow when prescribing or amending 

test procedures for covered products. 

EPCA requires that any test procedures 

prescribed or amended under this 

section be reasonably designed to 

produce test results which measure 

energy efficiency, energy use, water use 

or estimated annual operating cost of a 

covered product during a representative 

average use cycle or period of use and 

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)) 

EPCA directs that the test procedures 

for faucets and showerheads are to be 

the test procedures specified in 

American Society of Mechanical 

Engineers (ASME) Standard 

A112.18.1M–1989, ‘‘Plumbing Fixture 

Fittings.’’ (42 U.S.C. 6293(b)(7)(A)) 

EPCA further directs that, if the test 

procedure requirements of ASME 

A112.18.1M–1989 are revised at any 

time and approved by the American 

National Standards Institute (ANSI), 

DOE must amend the Federal test 

procedures to conform to the revised 

ASME standard, unless DOE determines 

by rule that to do so would not meet the 

requirements of EPCA that the test 

procedures be reasonably designed to 

produce test results which measure 

water use during a representative 

average use cycle as determined by 

DOE, and not be unduly burdensome to 

conduct. (42 U.S.C. 6293(b)(7)(B); 42 

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

EPCA also requires that, at least once 

every 7 years, DOE evaluate test 

procedures for each type of covered 

product, including faucets and 

showerheads, to determine whether 

amended test procedures would more 

accurately or fully comply with the 

requirements for the test procedures to 

be reasonably designed to produce test 

results that reflect water use and 

estimated operating costs during a 

representative average use cycle or 

period of use and not to be unduly 

burdensome to conduct. (42 U.S.C. 

6293(b)(1)(A)) If the Secretary 

determines, on his own behalf or in 

response to a petition by any interested 

person, that a test procedure should be 

prescribed or amended, the Secretary 

shall promptly publish in the Federal 

Register proposed test procedures and 

afford interested persons an opportunity 

to present oral and written data, views, 

and arguments with respect to such 

procedures. (42 U.S.C. 6293(b)(2)) The 

comment period on a proposed rule to 

amend a test procedure shall be at least 

60 days and may not exceed 270 days. 

Id. In prescribing or amending a test 

procedure, the Secretary shall take into 

account such information as the 

Secretary determines relevant to such 

procedure, including technological 

developments relating to energy or 

water use or energy efficiency of the 

type (or class) of covered products 

involved. Id. If DOE determines that test 

procedure revisions are not appropriate, 

DOE must publish its determination not 

to amend the test procedures. 

DOE’s test procedures for faucets and 

showerheads are prescribed at 10 CFR 

430.23(s) and (t), respectively, and 10 

CFR part 430 subpart B appendix S 

(‘‘Appendix S’’). In addition, DOE 

regulations reiterate statutory standards 

for faucets and showerheads. 10 CFR 

430.32(o) and (p). DOE is publishing 

this RFI to collect data and information 

to inform its decision in response to 

revisions to the ASME standard and 

pursuant to the 7-year review 

requirement specified in EPCA. (42 

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

6293(b)(7)(B)) 

B. Rulemaking History 

DOE’s current test procedures for 

faucets and showerheads are codified at 

10 CFR 430.23(s) and (t), respectively, 

and Appendix S. DOE initially 

established test procedures for faucets 

and showerheads in a final rule 

published on March 18, 1998, which 

referenced ASME A112.18.1M–1989, 

‘‘Plumbing Fixture Fittings,’’ 

incorporated by reference into 10 CFR 

part 430, then the most recent revision 

of that industry standard. 63 FR 13308. 

DOE last amended the test procedures 

for faucets and showerheads on October 

23, 2013 (‘‘October 2013 Final Rule’’). 

78 FR 62970. In that final rule, DOE 

incorporated by reference ASME 

A112.18.1–2012, ‘‘Plumbing Supply 

Fixtures’’ as part of the test procedures 

for faucets and showerheads. 78 FR 

62970, 62982. Since then, the 2012 

version of the ASME standard was reVerDate Sep<11>2014 16:43 Sep 01, 2021 Jkt 253001 PO 00000 Frm 00002 Fmt 4702 Sfmt 4702 E:\FR\FM\02SEP1.SGM 02SEP1

lotter on DSK11XQN23PROD with PROPOSALS1
Federal Register / Vol. 86, No. 168 / Thursday, September 2, 2021 / Proposed Rules 49263 

affirmed in 2017, and then updated in 

2018 to ASME A112.18.1–2018, 

‘‘Plumbing Supply Fixtures,’’ which is 

the current version of the industry 

standard. 

On December 16, 2020, DOE 

published a final rule amending the 

definition for ‘‘showerhead’’ and 

adopted definitions for ‘‘body spray’’ 

and ‘‘safety showerhead.’’ 85 FR 81341 

(‘‘December 2020 Final Rule’’). DOE 

amended the regulatory definition for 

‘‘showerhead’’ to incorporate the 

definition from the most recent standard 

developed by ASME, such that the term 

means ‘‘an accessory to a supply fitting 

for spraying onto a bather, typically 

from an overhead position.’’ 85 FR 

81341, 81342, 81359. Under the 

December 2020 Final Rule, DOE 

interpreted the term ‘‘showerhead’’ such 

that each showerhead in a product 

containing multiple showerheads is 

considered separately for purposes of 

determining compliance with the 2.5 

gallon per minute (‘‘gpm’’) standard 

established in EPCA. 85 FR 81341, 

81342. In the December 2020 Final Rule, 

DOE adopted a definition for ‘‘body 

spray’’, such that the term means ‘‘a 

shower device for spraying water onto a 

bather from other than the overhead 

position. A body spray is not a 

showerhead.’’ 85 FR 81341, 81359. DOE 

also established a definition for ‘‘safety 

shower showerhead’’ meaning ‘‘a 

showerhead designed to meet the 

requirements of the International 

Equipment Safety association (‘‘ISEA’’) 

standard ISEA Z358.1, American 

National Standard for Emergency 

Eyewash and Shower Equipment.’’ Id. 

On July 22, 2021, DOE published a 

notice of proposed rulemaking 

(‘‘NOPR’’) in which it proposed to 

withdraw the definition of 

‘‘showerhead’’ adopted in the December 

2020 Final Rule, reinstate the definition 

of ‘‘showerhead’’ from the October 2013 

Final Rule, and withdraw the 

interpretation from the December 2020 

Final Rule. 86 FR 38594 (‘‘July 2021 

NOPR’’). As proposed, the term 

‘‘showerhead’’ would be redefined as ‘‘a 

component or set of components 

distributed in commerce for attachment 

to a single supply fitting, for spraying 

water onto a bather, typically from an 

overhead position, excluding safety 

shower showerheads.’’ 86 FR 38594, 

38607. DOE explained that it considered 

that water conservation is a more 

important purpose of EPCA than 

consistency with ASME (with which 

DOE has no statutory obligation to align 

its definition). 86 FR 38594, 38597. DOE 

also proposed to withdraw the 

definition of ‘‘body spray,’’ explaining 

that the definition is inconsistent with 

the express purpose of EPCA to 

conserve water and does not best 

address the relationship between body 

sprays and showerheads. 86 FR 38594, 

38603. DOE did not propose any 

changes to the definition of ‘‘safety 

shower showerhead’’ in the July 2021 

NOPR. 86 FR 38594, 38603–38604. 

II. Request for Information 

In the following sections, DOE has 

identified a variety of issues on which 

it seeks input to determine whether the 

current version of the applicable 

industry test procedure for faucets and 

showerheads would comply with the 

requirements in EPCA that test 

procedures be reasonably designed to 

produce test results which reflect energy 

and water use during a representative 

average use cycle or period of use, 

without being unduly burdensome to 

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

Additionally, DOE has identified a 

variety of issues on which it seeks input 

to determine whether, and if so how, 

amended test procedures for faucets and 

showerheads would more accurately or 

fully comply with the requirements in 

EPCA that test procedures be reasonably 

designed to produce test results which 

reflect water use during a representative 

average use cycle or period of use, 

without being unduly burdensome to 

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

A. Scope 

1. Faucets 

EPCA and DOE regulations define 

‘‘faucet’’ as ‘‘a lavatory faucet, kitchen 

faucet, metering faucet, or replacement 

aerator for a lavatory or kitchen faucet.’’ 

(42 U.S.C. 6291(31)(E); 10 CFR 430.2. 

This definition defines the scope of the 

term by reference to the categories of 

faucets contained within in it (e.g., 

kitchen faucet), but does not define the 

word ‘‘faucet’’ as that word is used in 

the ‘‘faucet’’ definition. Both ASME 

A112.18.1–2012 and ASME A112.18.1– 

2018 define a ‘‘faucet’’ as a ‘‘terminal 

fitting’’, which in turn is defined as ‘‘a 

device that controls and guides the flow 

of water.’’ DOE requests comment on 

the term ‘‘faucet’’ as defined in ASME 

A112.18.1–2018 and whether further 

detail is warranted for DOE’s regulatory 

definitions. 

With regards to kitchen faucets 

specifically, DOE’s review of the market 

suggests that there are a variety of 

terminal fittings available on the market 

that are marketed for installation in a 

kitchen. Certain of these products are 

explicitly marketed as ‘‘kitchen 

faucets.’’ Other products marketed for 

installation in the kitchen are 

characterized in the market as ‘‘lowpressure water dispensers’’ and ‘‘pot 

fillers,’’ and appear to be within the 

scope of the statutory term ‘‘faucet.’’ In 

the following discussion, DOE describes 

its understanding of these products and 

seeks comment and information from 

interested parties regarding such 

products. Throughout this discussion, 

DOE uses the term ‘‘conventional 

kitchen faucet’’ to refer to products 

explicitly marketed as kitchen faucets 

and for which the current DOE test 

procedure and water conservation 

standards apply, and to distinguish from 

products that may also be ‘‘kitchen 

faucets’’ but that may not be within the 

scope of the current test procedure. 

ASME A112.18.1–2018 added a 

definition for ‘‘low-pressure water 

dispenser’’ and defines the term as ‘‘a 

terminal fitting located downstream of a 

pressure reducing valve that dispenses 

drinking hot water above 71 °C (160 °F) 

or cold water or both at a pressure of 

105 kPa (15 psi) or less.’’ As discussed 

previously, ASME A112.18.1–2018 

defines faucet as ‘‘a terminal fitting’’. 

The reference to ‘‘terminal fitting’’ in 

the industry definition of ‘‘low-pressure 

water dispenser’’ indicates that ASME 

A112.18.1–2018 classifies such products 

as a subset of faucets. DOE does not 

define ‘‘low-pressure water dispenser’’ 

and does not reference the term in the 

DOE test procedure for faucets. Based 

on DOE’s market research, such 

products on the market may also be 

referred to as ‘‘beverage faucets,’’ 

‘‘drinking water faucets,’’ or ‘‘hot/cold 

water dispensers’’. DOE understands 

that the key differences between lowpressure water dispensers and 

conventional kitchen faucets are that 

low-pressure water dispensers operate 

at lower water pressures (by definition) 

and are used for the purpose of gently 

filling a relatively small vessel (e.g., a 

glass). Particularly because of the lower 

water pressure, such products would 

not be effective at certain tasks that 

could otherwise be performed by a 

conventional kitchen faucet (e.g., 

washing dishes) and for which the 

ultimate purpose is something other 

than to fill a relatively small vessel with 

water. 

The DOE water conservation standard 

for faucets specifies that water use must 

be ‘‘measured at a flowing water 

pressure of 60 pounds per square inch 

[(‘psi’)],’’ 10 CFR 430.32(o). The same 

conditions are specified in section 

5.4.2.3.1 of ASME A112.18.1–2012 

(referenced at section 2.a of Appendix 

S). However, for testing low-pressure 

water dispensers, section 5.4.2.3.1 of 

ASME A112.18.1–2018 specifies a 

maximum flow for low-pressure water 

dispensers—i.e., 15 ± 1 psi. This 


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49264 Federal Register / Vol. 86, No. 168 / Thursday, September 2, 2021 / Proposed Rules 

4As such, the standards currently prescribed for 

faucets at 10 CFR 430.32(o) do not apply to lowpressure water dispensers. 5For example, filling a 10 gallon stock pot with 

a kitchen faucet would require approximately 5 

minutes at a flow rate of 2.2 gpm (the current flow 

rate standard established for kitchen faucets). 

Filling the same stock pot with a pot filler instead 

would require approximately 2.5 minutes at a flow 

rate of 4 gpm (using an example flow rate for a pot 

filler). 

specification was added to ASME 

A112.18.1–2018 and was not specified 

in ASME A112.18.1–2012, which is 

currently referenced in Appendix S. 

Accordingly, the water pressure 

specified in 10 CFR 430.32(o) for testing 

faucets does not accommodate testing 

low-pressure water dispensers. 

Therefore, although low-pressure water 

dispensers appear to meet the DOE 

definition of a faucet, there is currently 

no applicable DOE test procedure for 

testing low-pressure water dispensers.4

Other terminal fittings used in the 

kitchen, such as pot fillers, may also 

warrant differentiation from currently 

regulated kitchen faucets. ASME 

A112.18.1–2018 does not define pot 

fillers, nor does the current DOE test 

procedure. Based on DOE’s market 

research, the key differences between 

products described as ‘‘pot fillers’’ and 

conventional kitchen faucets are that 

pot fillers are typically installed over a 

range or cooktop (rather than over a 

sink), plumbed only to the cold water 

supply, and are used for the purpose of 

filling a large vessel (e.g., a stock pot) 

with a volume of water in the location 

where it will be heated (which avoids 

the need to move the pot from the sink 

to the stove once filled with water). In 

applications where a pot filler is not 

installed over a sink, it could only be 

used to fill a vessel with water, given 

the lack of access to a drain. Pot fillers 

typically have higher flow rates than 

conventional kitchen faucets, which 

allow for filling large cooking vessels in 

a shorter period of time than could be 

achieved with a regulated kitchen 

faucet.5

For both low-pressure water 

dispensers and pot fillers (as DOE has 

described such products in this 

discussion), DOE understands that the 

primary function of such products is to 

fill a vessel with water (e.g., a glass or 

a cooking vessel). Given this function, 

the amount of water provided by such 

products during consumer use would be 

dependent on the volume of the vessel, 

independent of the flow rate of the 

product. As such, a test procedure that 

would measure the flow rate of such 

products would not provide meaningful 

information in terms of reducing the 

amount of water used. Moreover, 

establishing water conservation 

standards for such products in terms of 

a maximum flow rate (gpm) would not 

be expected to result in any water 

savings because the volume of water 

provided by such products would be 

dictated by the vessel to be filled as 

opposed to the flow rate. Furthermore, 

establishing water conservation 

standards could diminish the usefulness 

of such products by increasing the 

amount of time required to fill a vessel 

with a particular volume of water. 

DOE did not consider pot fillers and 

low-pressure water dispensers when 

establishing the current test procedure 

and standards for faucets. As stated, 

EPCA directs DOE to base the Federal 

test procedure on ASME A112.18.1, 

which did not include provisions for 

testing low-pressure water dispensers 

until the latest revision (2018) and 

continues to not define or include 

provisions specific to pot fillers. In 

establishing the current DOE test 

procedure, DOE did not consider 

products that may be faucets but that 

were not subject to the statutorily 

referenced industry standard. Therefore, 

the current test procedure in Appendix 

S and standards at 10 CFR 430.32(o) for 

faucets do not apply to low-pressure 

water dispensers or pot fillers. To the 

extent that such products are not subject 

to the DOE test procedure, such 

products are also excluded from 

coverage under the energy conservation 

standards. 

Issue 1: DOE requests comment on the 

term ‘‘faucet’’ as defined in ASME 

A112.18.1–2018 and whether further 

detail is warranted for DOE’s regulatory 

definitions. 

Issue 2: DOE requests comment on its 

understanding of ‘‘low-pressure water 

dispensers’’ and ‘‘pot fillers’’ as a subset 

of faucets, specifically kitchen faucets. 

Issue 3: DOE requests comment on 

whether any changes should be made to 

DOE’s definition of ‘‘faucet’’ to 

differentiate products such as lowpressure water dispensers and pot fillers 

from conventional ‘‘kitchen faucets.’’ 

Issue 4: DOE requests comment on 

whether the Department should 

incorporate into the Federal regulations 

definitions of low-pressure water 

dispenser, pot filler, or any other types 

of products that meet the definition of 

a faucet. If other faucet types should be 

defined, DOE requests comment on 

specific physical (or operational, or 

other) characteristics that could be used 

to differentiate such products from 

currently regulated faucets. 

Issue 5: DOE requests comment on 

whether DOE should expand the scope 

of its test procedures for faucets to 

include provisions for testing lowpressure water dispensers, pot fillers, or 

any other types of faucets. 

Issue 6: DOE requests comment on its 

understanding of the primary purpose of 

low-pressure water dispensers and pot 

fillers (i.e., to fill a vessel with water), 

and on its assertion that establishing test 

procedures and water conservation 

standards for such products would not 

result in any water savings. 

2. Showerheads 

As previously noted, DOE regulations 

currently define ‘‘showerhead’’ as ‘‘any 

showerhead (including a handheld 

showerhead) other than a safety 

showerhead. DOE interprets the term 

‘showerhead’ to mean an accessory to a 

supply fitting for spraying water onto a 

bather, typically from an overhead 

position.’’ 10 CFR 430.2. Pursuant to the 

requirements of EPCA, DOE seeks input 

on any updates to the showerheads 

scope and definitions from the latest 

ASME industry standard, ASME 

A112.18.1–2018. 

ASME A112.18.1–2018 added new 

definitions for ‘‘hand-held shower’’ and 

‘‘rain shower.’’ ASME defines a ‘‘handheld shower’’ as ‘‘a showerhead that can 

be held or fixed in place for spraying 

water onto a bather and that is 

connected to a flexible hose.’’ ASME 

A112.18.1–2018 defines a ‘‘rain shower’’ 

as ‘‘a showerhead designed to be 

mounted directly over the bather with 

the spray face parallel to the floor. Note: 

The showerhead can be mounted 

directly from the ceiling or on an 

extended shower arm.’’ 

Currently, DOE defines the term 

‘‘hand-held showerhead’’ as ‘‘a 

showerhead that can be held or fixed in 

place for the purpose of spraying water 

onto a bather and that is connected to 

a flexible hose.’’ 10 CFR 430.2. 

Considering that the DOE definition is 

almost identical to the definition in the 

ASME industry standard, DOE 

tentatively concludes that there is no 

reason to make any updates to this 

definition at this time. 

While DOE’s regulations do not 

currently define the term ‘‘rain shower’’, 

the existing and proposed definition of 

‘‘showerhead’’ covers rain showers. 

ASME A112.18.1–2018, section 5.12.3, 

includes a new definition for rain 

shower in light of the standard’s new 

spray force requirements specific to rain 

showers. Considering the DOE test 

procedure includes a showerhead test 

procedure for only maximum water 

consumption and not spray force, DOE 

tentatively concludes that there is no 

reason to include the term and 

definition for rain shower at this time, 

and seeks comment on that tentative 

conclusion. 


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Federal Register / Vol. 86, No. 168 / Thursday, September 2, 2021 / Proposed Rules 49265 

6 DOE notes that ASME A112.18.1–2018 also 

contains several updates to specifications and test 

methods for commercial prerinse spray valves, 

which are not discussed in this RFI. 

Issue 7: DOE requests comment on 

whether DOE should include the term 

‘‘rain shower’’ and a definition of the 

term in its regulations. 

Issue 8: DOE requests comment on 

whether any changes to current 

definitions related to the faucet and 

showerhead test procedure beyond 

those discussed in this RFI (other than 

with regard to the issues raised in the 

July 2021 NOPR) should be considered. 

DOE requests comment on the potential 

impact to the scope of the Federal test 

procedure from any changes to the 

definitions, should DOE incorporate 

them. DOE also requests comment on 

whether any potential changes to the 

definitions would impact the 

repeatability and reproducibility of the 

test procedure or the representativeness 

of its results. 

B. Updates to Industry Standard 

In addition to the revised definitions 

described previously, ASME A112.18.1– 

2018 includes the following changes in 

comparison to the 2012 version 

incorporated into 10 CFR part 430: (1) 

A new requirement in section 5.4.2.3.1 

specifying a lower water pressure for 

testing low-pressure water dispensers 

compared to the 60 ± 1 psi water 

pressure used to test faucets; (2) a 

clarification in section 5.4.2.3.2 that 

‘‘hand showers’’ are ‘‘hand-held’’ 

showers; and (3) updates to Table 1, 

including adding a low-pressure water 

dispenser maximum flow rate level and 

removing a note to refer to clause 4.11.1 

for the showerhead minimum flow rate 

requirement.6 however, ASME 

A112.18.1–2018 specifies a lower water 

pressure—i.e., 105 ± 7 kPa (15 ± 1 psi). 

Issue 9: DOE requests comment on the 

maximum water use test method for 

low-pressure water dispensers, as 

detailed in section 5.4.2.3.1 of ASME 

A112.18.1–2018. DOE requests 

comment and data, if available, on the 

water pressure under which lowpressure water dispensers typically 

operate in the field, and the extent to 

which the specified water pressure of 

105 ± 7 kPa (15 ± 1 psi) is representative 

of actual use. 

Issue 10: DOE also welcomes detailed 

information on the nature and extent of 

any testing cost or burden that would be 

associated with conducting the test for 

low-pressure water dispensers as 

specified in ASME A112.18.1–2018, as 

compared to the current DOE test 

procedure. 

As discussed previously, ASME 

A112.18.1–2018 also provides a 

clarification in section 5.4.2.3.2 that 

‘‘hand showers’’ are ‘‘hand-held’’ 

showers. DOE tentatively concludes that 

the update in ASME A112.18.1–2018 

changing the term ‘‘hand shower’’ to 

‘‘hand-held shower’’ is an insignificant 

clarification. Finally, the updates to 

Table 1 regarding the maximum flow 

rate for low-pressure water dispensers 

and minimum flow rate for 

showerheads relate to the water 

conservation standards and are therefore 

beyond the scope of the test procedures. 

(DOE adopted the statutory maximum 

water use standards for faucets and 

showerheads in 10 CFR 430.32(o) and 

(p).) 

DOE also notes that ASME 

A112.18.1–2018 does not contain any 

updates to the water consumption test 

method for showerheads. 

C. Showerhead Test Procedure 

In the December 2020 Final Rule, 

DOE maintained the test procedure for 

showerheads. DOE stated that the 

existing test procedure remains 

applicable to shower heads as defined 

by that final rule and that if issues arise 

where the existing test procedure does 

not produce a representative 

measurement of water use of a 

particular showerhead product, the 

manufacturer can seek a waiver from 

DOE pursuant to DOE regulations at 10 

CFR 430.27. 85 FR 81341, 81351. DOE 

also noted that EPCA requires DOE to 

consider on a periodic basis whether 

test procedures for a covered product 

should be amended (under 42 U.S.C 

6293). Id. 

As noted, DOE has proposed to 

withdraw the definition of 

‘‘showerhead’’ adopted in the December 

2020 Final Rule, reinstate the definition 

of ‘‘showerhead’’ from the October 2013 

Final Rule, and withdraw the 

interpretation from the December 2020 

Final Rule. DOE also proposes to 

withdraw the definition of ‘‘body 

spray.’’ 86 FR 38594, 38603. 

Issue 11: DOE requests comment on 

whether the existing test procedure for 

showerheads needs to be amended 

based on DOE’s amended definition for 

showerhead (i.e., the definition adopted 

in the December 2020 Final Rule). If so, 

DOE requests comment on the proposed 

amendments in the August 2020 NOPR, 

or on other test methods that would 

produce a representative measurement 

of water use. DOE also requests 

comment on whether the existing test 

procedure for showerheads would need 

to be amended were DOE to finalize the 

definition of showerhead proposed in 

the July 2021 NOPR (i.e., the definition 

from the October 2013 Final Rule). If so, 

DOE requests comments and 

information on what amendments 

would be needed and why. 

III. Submission of Comments 

DOE invites all interested parties to 

submit in writing by October 4, 2021, 

comments and information on matters 

addressed in this notice and on other 

matters relevant to DOE’s consideration 

of amended test procedures for faucets 

and showerheads. These comments and 

information will aid in the development 

of a test procedure NOPR for faucets and 

showerheads if DOE determines that 

amended test procedures may be 

appropriate for these products. 

Submitting comments via 

www.regulations.gov. The 

www.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, nor in any 

document attached to your comment. 

Following this instruction, 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 www.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 

www.regulations.gov cannot be claimed 

as CBI. Comments received through the 

website 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 www.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 


lotter on DSK11XQN23PROD with PROPOSALS1
49266 Federal Register / Vol. 86, No. 168 / Thursday, September 2, 2021 / Proposed Rules 

simultaneously, your comment may not 

be viewable for up to several weeks. 

Please keep the comment tracking 

number that www.regulations.gov 

provides after you have successfully 

uploaded your comment. 

Submitting comments via email. 

Comments and documents submitted 

via email also will be posted to 

www.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, 

or other information to DOE. Faxes will 

not 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 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. 

According to 10 CFR 1004.11, any 

person submitting information that he 

or she believes to be confidential and 

exempt by law from public disclosure 

should submit via email two wellmarked 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. DOE will make its 

own determination about the 

confidential status of the information 

and treat it according to its 

determination. 

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). 

DOE considers public participation to 

be a very important part of the process 

for developing test procedures and 

energy conservation standards. DOE 

actively encourages the participation 

and interaction of the public during the 

comment period in each stage of this 

process. Interactions with and between 

members of the public provide a 

balanced discussion of the issues and 

assist DOE in the process. Anyone who 

wishes to be added to the DOE mailing 

list to receive future notices and 

information about this process should 

contact Appliance and Equipment 

Standards Program staff at (202) 287– 

1445 or via email at 

ApplianceStandardsQuestions@

ee.doe.gov. 

Signing Authority 

This document of the Department of 

Energy was signed on August 27, 2021, 

by Kelly Speakes-Backman, Principal 

Deputy Assistant Secretary and Acting 

Assistant Secretary for Energy Efficiency 

and Renewable Energy, pursuant to 

delegated authority from the Secretary 

of Energy. That document with the 

original signature and date is 

maintained by DOE. For administrative 

purposes only, and in compliance with 

requirements of the Office of the Federal 

Register, the undersigned DOE Federal 

Register Liaison Officer has been 

authorized to sign and submit the 

document in electronic format for 

publication, as an official document of 

the Department of Energy. This 

administrative process in no way alters 

the legal effect of this document upon 

publication in the Federal Register. 

Signed in Washington, DC, on August 27, 

2021. 

Treena V. Garrett, 

Federal Register Liaison Officer, U.S. 

Department of Energy. 

[FR Doc. 2021–18882 Filed 9–1–21; 8:45 am] 

BILLING CODE 6450–01–P 

DEPARTMENT OF ENERGY 

10 CFR Part 431 

[EERE–2021–BT–STD–0018] 

RIN 1904–AE54 

Energy Conservation Program: Energy 

Conservation Standards for Certain 

Commercial and Industrial Equipment; 

Early Assessment Review; Commercial 

and Industrial Pumps 

AGENCY: Office of Energy Efficiency and 

Renewable Energy, Department of 

Energy. 

ACTION: Extension of public comment 

period. 

SUMMARY: On August 9, 2021, the U.S. 

Department of Energy (‘‘DOE’’) 

published a request for information 

(‘‘RFI’’) undertaking an early assessment 

review for amended energy conservation 

standards for commercial and industrial 

pumps (‘‘pumps’’). The RFI provided an 

opportunity for submitting written 

comments, data, and information by 

September 8, 2021. DOE received 

requests from Grundfos and Pentair on 

August 10, 2021 and August 12, 2021, 

respectively, asking DOE to extend the 

public comment period for 60 days until 

November 8, 2021. Additionally, DOE 

received requests from the Hydraulic 

Institute (‘‘HI’’), and a group of 

California Investor-Owned Utilities 

(‘‘CA IOUs’’), comprised of Pacific Gas 

and Electric Company, San Diego Gas 

and Electric and Southern California 

Edison, on August 12, 2021 and August 

13, 2021, respectively, asking DOE to 

extend the public comment period for 

30 days until October 8, 2021. DOE has 

reviewed these requests and is granting 

an extension of the public comment 

period to allow public comments to be 

submitted until October 8, 2021. 

DATES: The comment period for the RFI 

published on August 9, 2021 (86 FR 

43430) is extended. DOE will accept 

comments, data, and information 

regarding this RFI received no later than 

October 8, 2021. 

ADDRESSES: Interested persons are 

encouraged to submit comments using 

the Federal eRulemaking Portal at 

www.regulations.gov. Follow the 

instructions for submitting comments. 

Alternatively, interested persons may 

submit comments, identified by docket 

number EERE–2021–BT–STD–0018, by 

email to Pumps2021STD0018@

ee.doe.gov. 

No telefacsimilies (‘‘faxes’’) will be 

accepted. 

Although DOE has routinely accepted 

public comment submissions through a 

variety of mechanisms, including postal 

mail and hand delivery/courier, the 

Department has found it necessary to 

make temporary modifications to the 

comment submission process in light of 

the ongoing Covid–19 pandemic. DOE is 

currently accepting only electronic 

submissions at this time. If a commenter 

finds that this change poses an undue 

hardship, please contact Appliance 

Standards Program staff at (202) 586– 

1445 to discuss the need for alternative 

arrangements. Once the Covid–19 

pandemic health emergency is resolved, 

DOE anticipates resuming all of its 

regular options for public comment 

submission, including postal mail and 

hand delivery/courier. 


lotter on DSK11XQN23PROD with PROPOSALS1