[Federal Register Volume 88, Number 100 (Wednesday, May 24, 2023)]
[Rules and Regulations]
[Pages 33533-33545]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-10847]
========================================================================
Rules and Regulations
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains regulatory documents
having general applicability and legal effect, most of which are keyed
to and codified in the Code of Federal Regulations, which is published
under 50 titles pursuant to 44 U.S.C. 1510.
The Code of Federal Regulations is sold by the Superintendent of Documents.
========================================================================
Federal Register / Vol. 88, No. 100 / Wednesday, May 24, 2023 / Rules
and Regulations
[[Page 33533]]
DEPARTMENT OF ENERGY
10 CFR Part 430
[EERE-2019-BT-TP-0021]
RIN 1904-AE75
Energy Conservation Program: Test Procedures for Faucets and
Showerheads
AGENCY: Office of Energy Efficiency and Renewable Energy, Department of
Energy.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: This final rule amends the test procedures for faucets and
showerheads to incorporate the current version of the referenced
industry standard, American Society of Mechanical Engineers Standard
A112.18.1-2018/CSA B125.1-18, ``Plumbing supply fittings.'' This final
rule also adds definitions for low-pressure water dispensers and pot
fillers and excludes them from the faucet definition. Finally, this
final rule provides further detail for conducting the flow rate
measurement.
DATES: The effective date of this rule is June 23, 2023. The amendments
will be mandatory for product testing starting November 20, 2023.
The incorporation by reference of certain material listed in the
rule is approved by the Director of the Federal Register on June 23,
2023.
ADDRESSES: The docket, which includes Federal Register notices, public
meeting attendee lists and transcripts, comments, and other supporting
documents/materials, is available for review at www.regulations.gov.
All documents in the docket are listed in the www.regulations.gov
index. However, not all documents listed in the index may be publicly
available, such as those containing information that is exempt from
public disclosure.
A link to the docket web page can be found at www.regulations.gov/docket/EERE-2019-BT-TP-0021. The docket web page contains instructions
on how to access all documents, including public comments, in the
docket.
For further information on how to review the docket, contact the
Appliance and Equipment Standards Program staff at (202) 287-1445 or by
email: [email protected].
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 [email protected].
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:
[email protected].
SUPPLEMENTARY INFORMATION: DOE incorporates by reference the following
industry standard into title 10 of the Code of Federal Regulations
(``CFR'') part 430:
ASME A112.18.1-2018/CSA B125.1-2018, ``Plumbing supply fittings,''
CSA-published July 2018 (``ASME A112.18.1-2018'').
Copies of ASME A112.18.1-2018 can be obtained from the American
Society of Mechanical Engineers (``ASME'') at 2 Park Avenue, New York,
NY 10016-5990, or by visiting www.asme.org.
For a further discussion of this standard, see section IV.N of this
document.
Table of Contents
I. Authority and Background
A. Authority
B. Background
II. Synopsis of the Final Rule
III. Discussion
A. Scope of Applicability
1. Faucets
2. Showerheads
B. Updates to Industry Standards
C. Additional Direction in Conducting ASME A112.18.1-2018
D. Flow Restrictor Retention Test Method
E. Clarification to 10 CFR 430.23 and Appendix S
F. Test Procedure Costs
G. Effective and Compliance Dates
IV. Procedural Issues and Regulatory Review
A. Review Under Executive Orders 12866, 13563, and 14094
B. Review Under the Regulatory Flexibility Act
C. Review Under the Paperwork Reduction Act of 1995
D. Review Under the National Environmental Policy Act of 1969
E. Review Under Executive Order 13132
F. Review Under Executive Order 12988
G. Review Under the Unfunded Mandates Reform Act of 1995
H. Review Under the Treasury and General Government
Appropriations Act, 1999
I. Review Under Executive Order 12630
J. Review Under Treasury and General Government Appropriations
Act, 2001
K. Review Under Executive Order 13211
L. Review Under Section 32 of the Federal Energy Administration
Act of 1974
M. Congressional Notification
N. Description of Materials Incorporated by Reference
V. Approval of the Office of the Secretary
I. Authority and Background
Faucets and showerheads are included in the list of ``covered
products'' for which the U.S. Department of Energy (``DOE'') is
authorized to establish and amend energy conservation standards and
test procedures. (42 U.S.C. 6292(a)(15) and (16)) DOE's test procedures
for faucets and showerheads are currently prescribed at 10 CFR
430.23(s) and (t); 10 CFR subpart B of part 430, appendix S. The
following sections discuss DOE's authority to establish test procedures
for faucets and showerheads and relevant background information
regarding DOE's consideration of test procedures for this equipment.
A. Authority
The Energy Policy and Conservation Act, Public Law 94-163, as
amended (``EPCA''),\1\ authorizes DOE to regulate the energy efficiency
of a number of consumer products and certain industrial equipment. (42
U.S.C. 6291-6317) Title III, Part B of EPCA \2\ established the Energy
Conservation Program for Consumer Products Other Than Automobiles,
which sets forth a variety of provisions designed to improve energy
efficiency. These products include faucets and showerheads, the subject
of this
[[Page 33534]]
document. (42 U.S.C. 6292(a)(15) and (16))
---------------------------------------------------------------------------
\1\ All 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), which reflect the last statutory amendments that impact
Parts A and A-1 of EPCA.
\2\ For editorial reasons, upon codification in the U.S. Code,
Part B was redesignated Part A.
---------------------------------------------------------------------------
The energy conservation program under EPCA consists essentially of
four parts: (1) testing, (2) labeling, (3) Federal energy conservation
standards, and (4) certification and enforcement procedures. Relevant
provisions of EPCA specifically include definitions (42 U.S.C. 6291),
test procedures (42 U.S.C. 6293), labeling provisions (42 U.S.C. 6294),
energy conservation standards (42 U.S.C. 6295), and the authority to
require information and reports from manufacturers (42 U.S.C. 6296).
The testing requirements consist of test procedures that
manufacturers of covered products must use as the basis for (1)
certifying to DOE that their products comply with the applicable energy
conservation standards adopted under EPCA (42 U.S.C. 6295(s)), and (2)
making other representations about the efficiency of those products (42
U.S.C. 6293(c)). Similarly, DOE must use these test procedures to
determine whether the products comply with any relevant standards
promulgated under EPCA. (42 U.S.C. 6295(s))
Federal energy efficiency requirements for covered products
established under EPCA generally supersede State laws and regulations
concerning energy conservation testing, labeling, and standards. (42
U.S.C. 6297) DOE may, however, grant waivers of Federal preemption for
particular State laws or regulations, in accordance with the procedures
and other provisions of EPCA. (42 U.S.C. 6297(d))
Under 42 U.S.C. 6293, EPCA sets forth the criteria and procedures
DOE must follow when prescribing or amending test procedures for
covered products. EPCA requires that any test procedures prescribed or
amended under this section shall be reasonably designed to produce test
results which measure energy efficiency, energy use, water use (in the
case of showerheads, faucets, water closets, and urinals), or estimated
annual operating cost of a covered product during a representative
average use cycle (as determined by the Secretary) or period of use and
shall not be unduly burdensome to conduct. (42 U.S.C. 6293(b)(3))
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 not be unduly burdensome to conduct and be reasonably
designed to produce test results that reflect energy efficiency, energy
use, water use, or estimated operating costs during a representative
average use cycle or period of use. (42 U.S.C. 6293(b)(1)(A))
If the Secretary determines, on her own behalf or in response to a
petition by any interested person, that a test procedure should be
prescribed or amended, the Secretary shall promptly publish in the
Federal Register proposed test procedures and afford interested persons
an opportunity to present oral and written data, views, and arguments
with respect to such procedures. The comment period on a proposed rule
to amend a test procedure shall be at least 60 days and may not exceed
270 days. In prescribing or amending a test procedure, the Secretary
shall take into account such information as the Secretary determines
relevant to such procedure, including technological developments
relating to energy use or energy efficiency of the type (or class) of
covered products involved. (42 U.S.C. 6293(b)(2)). If DOE determines
that test procedure revisions are not appropriate, DOE must publish its
determination not to amend the test procedures. (42 U.S.C.
6293(b)(1)(A)(ii))
DOE is publishing this final rule in satisfaction of its statutory
obligations. (42 U.S.C. 6293(b)(1)(A) and (7)(B))
B. Background
DOE's existing test procedures for faucets and showerheads appear
at 10 CFR part 430, subpart B, appendix S (``appendix S'') and 10 CFR
430.23 (s) and (t).
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 adopted through reference certain provisions of the
2012 version of ASME A112.18.1 as part of the test procedures for
faucets and showerheads. 78 FR 62970, 62980. Since then, the 2012
version of the ASME standard was re-affirmed in 2017, and then updated
in 2018 to ASME A112.18.1-2018, which is the current version of the
industry standard.
On May 31, 2022, DOE published a notice of proposed rulemaking
(``NOPR'') presenting DOE's proposals to amend the test procedures for
faucets and showerheads. 87 FR 32351 (``May 2022 NOPR''). DOE held a
public meeting related to this NOPR on June 22, 2022.
DOE received comments in response to the May 2022 NOPR from the
interested parties listed in Table I.1.
Table I.1--List of Commenters With Written Submissions in Response to the May 2022 NOPR
----------------------------------------------------------------------------------------------------------------
Reference in this Comment number
Commenter(s) final rule in the docket Commenter type
----------------------------------------------------------------------------------------------------------------
American Supply Association....... ASA................. 13 Trade Association.
Appliance Standards Awareness Joint Advocates..... 14 Efficiency Organizations.
Project, Natural Resources
Defense Council, American Council
for an Energy-Efficient Economy,
New York State Energy Research
and Development Authority,
Northwest Energy Efficiency
Alliance, Washington State
Department of Commerce.
Pacific Gas and Electric Company, CA IOUs............. 15 Utility Companies.
San Diego Gas and Electric, and
Southern California Edison
(collectively, the California
Investor-Owned Utilities).
Plumbing Manufacturers PMI................. 16 Trade Association.
International.
Regulosity LLC, on behalf of Neoperl............. 12 Manufacturer.
Neoperl, Inc.
----------------------------------------------------------------------------------------------------------------
[[Page 33535]]
A parenthetical reference at the end of a comment quotation or
paraphrase provides the location of the item in the public record.\3\
To the extent that interested parties have provided written comments
that are substantively consistent with any oral comments provided
during the June 22, 2022 public meeting, DOE cites the written comments
throughout this final rule.
---------------------------------------------------------------------------
\3\ The parenthetical reference provides a reference for
information located in the docket of DOE's rulemaking to develop
test procedures for faucets and showerheads. (Docket No. EERE-2019-
BT-TP-0021, which is maintained at www.regulations.gov). The
references are arranged as follows: (commenter name, comment docket
ID number, page of that document).
---------------------------------------------------------------------------
II. Synopsis of the Final Rule
In this final rule, DOE amends 10 CFR 430.2, 10 CFR 430.3, and
appendix S as follows:
Include definitions for low-pressure water dispensers and
pot fillers;
Update the faucet definition by explicitly excluding low-
pressure water dispensers and pot fillers;
Incorporate by reference the latest revision to the
applicable industry standard--ASME A112.18.1-2018, ``Plumbing Supply
Fittings,'' as it pertains to flow rate measurement; and
Add further direction for conducting the flow rate
measurements.
The adopted amendments are summarized in Table II.1 compared to the
test procedure provision prior to the amendment, as well as the reason
for the adopted change.
Table II.1--Summary of Changes in the Amended Test Procedure
------------------------------------------------------------------------
DOE test procedure prior to Amended test
amendment procedure Attribution
------------------------------------------------------------------------
Does not define low-pressure Defines the terms Clarifies scope of
water dispensers or pot fillers. low-pressure coverage.
water dispensers
and pot fillers.
Does not explicitly exclude low- Explicitly Clarifies scope of
pressure water dispensers or excludes low- coverage.
pot fillers from the faucet pressure water
definition. dispensers and
pot fillers from
the faucet
definition.
Incorporates the 2012 version of Incorporates the Harmonize with
ASME Standard A112.18.1 for 2018 version of updated industry
measurement of flow rate. ASME Standard standard.
A112.18.1.
Aside from referencing ASME Adds additional Response to
Standard A112.18.1, includes guidance, in stakeholder
limited guidance as to how to accordance with comment; improve
conduct the flow measurement current industry repeatability of
test procedure. practices, to test results.
ensure
appropriate
equipment is
being used and to
ensure
repeatability of
the industry
standards in both
the fluid meter
and time/volume
flow rate test
methods.
------------------------------------------------------------------------
DOE has determined that the amendments described in section III and
adopted in this document will not alter the measured flow rate of
faucets and showerheads or require retesting or recertification solely
as a result of DOE's adoption of the amendments to the test procedures.
Additionally, DOE has determined that the amendments will not increase
the cost of testing. Discussion of DOE's actions are addressed in
detail in section III of this document.
The effective date for the amended test procedures adopted in this
final rule is 30 days after publication of this document in the Federal
Register. Representations of water use must be based on testing in
accordance with the amended test procedures beginning 180 days after
the publication of this final rule.
III. Discussion
A. Scope of Applicability
This rulemaking applies to faucets and showerheads, which are
discussed in the following sections.
1. Faucets
EPCA and DOE 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). In the May 2022
NOPR, DOE discussed that it had identified products characterized in
the market as ``low-pressure water dispensers'' and ``pot fillers,''
which appear to be within the scope of the statutory term ``faucet.''
87 FR 32351, 32354 (see 86 FR 49261, 49263). DOE noted that it did not
consider low-pressure water dispensers or pot fillers when establishing
the current test procedure and standards for faucets. Id.
In the May 2022 NOPR, DOE also stated that the purpose of low-
pressure water dispensers (``LPWDs'') and pot fillers is to fill a
vessel with water (e.g., a glass or a cooking vessel), and given this
function, the amount of water provided by such products during consumer
use would be dependent on the volume of the vessel and independent of
the flow rate of the product. 87 FR 32351, 32354. Accordingly, DOE
noted that establishing conservation standards would not result in any
water savings and could diminish the usefulness of such products by
increasing the amount of time required to fill a vessel with a
particular volume of water. 87 FR 32351, 32355.
As such, DOE tentatively determined that that low-pressure water
dispensers and pot fillers are not within the definition of ``faucet''
for the purpose of Part A of EPCA, and DOE proposed to amend the
definition of ``faucet'' at 10 CFR 430.2 to explicitly exclude low-
pressure water dispensers and pot fillers. Id. at 87 FR 32355.
Therefore, in the May 2022 NOPR, DOE proposed to define a faucet as ``a
lavatory faucet, kitchen faucet, metering faucet, or replacement
aerator, excluding low-pressure water dispensers and pot fillers.'' Id.
ASA commented that it did not see any issue with incorporating text
that clarifies that LPWDs are excluded from the faucet definition.
(ASA, No. 13 at p. 1)
PMI agreed with DOE that LPWDs and pot fillers are not within the
definition of faucet. Accordingly, PMI recommended that DOE retain the
current definition with the addition of the new text ``excluding low-
pressure water dispensers and pot fillers'', but without removing the
existing text ``for a lavatory or kitchen faucet.'' (PMI, No. 16 at p.
2)
ASA noted that the proposed definition of the term faucet in the
May 2022 NOPR removed the text ``for a lavatory or kitchen faucet'' \4\
as it relates to replacement aerators and recommended that DOE not
remove this text, asserting that its removal would lead to confusion
and uncertainty as to whether replacement aerators for other purposes
are covered. (ASA, No. 13 at p. 2) Relatedly, Neoperl noted the impacts
of the proposed removal of the type of replacement aerator from the
[[Page 33536]]
faucet definition. Specifically, Neoperl explained that ``replacement
aerator'' is a generic term used for components of many products and
that there are numerous products that use replacement aerators which
are not covered products. Neoperl also stated that clarification of the
type of replacement aerator ensures that only replacement aerators for
covered products meet the definition of faucet and the removal of the
clarification will result in regulation of non-covered products, such
as replacement aerators for bidets and bidet seats.'' (Neoperl, No. 12
at pp. 1-2)
---------------------------------------------------------------------------
\4\ As discussed, EPCA defined the term faucet as a lavatory
faucet, kitchen faucet, metering faucet, or replacement aerator for
a lavatory or kitchen faucet [emphasis added].
---------------------------------------------------------------------------
The proposed change to the definition of faucet in the May 2022
NOPR was intended only to exclude LPWDs and pot fillers from the faucet
definition. DOE did not intend for the proposed definition to change
the wording or intent of the portion of the definition that relates to
replacement aerators and is therefore reinstating the phrase ``for a
lavatory or kitchen faucet'' as suggested by commenters.
For the reasons discussed in the May 2022 NOPR, and in
consideration of comments received on the proposal, DOE is amending the
definition for faucet at 10 CFR 430.2 to read ``a lavatory faucet,
kitchen faucet, metering faucet, or replacement aerator for a lavatory
or kitchen faucet, excluding low-pressure water dispensers and pot
fillers.''
a. Low-Pressure Water Dispenser Definition
In conjunction with the proposed amendment to the definition of the
term faucet, DOE proposed, in the May 2022 NOPR, to add a definition
for the term ``low pressure water dispenser'' to mean a terminal
fitting that dispenses drinking water at a pressure of 105 kPA (15 psi)
or less. 87 FR 32351, 32355. DOE noted in the May 2022 NOPR that ASME
A112.18.1-2018 defines a low-pressure water dispenser as ``a terminal
fitting located downstream of a pressure reducing valve that dispenses
drinking hot water above 71 [deg]C (160[thinsp][deg]F) or cold water or
both at a pressure of 105 kPA (15 psi) or less.'' Id. DOE noted in the
May 2022 NOPR that its authority generally applies to products as
manufactured, not to the installation of products. (See generally 42
U.S.C. 6302) Id. DOE further noted that the proposed definition was a
modification of the ASME A112.18.1-2018 definition to reference a
product as manufactured, as opposed to its installation location.
Additionally, DOE noted in the May 2022 NOPR that the proposed
definition would exclude the drinking water temperature reference in
the ASME A112.18.1-2018 definition. DOE tentatively determined in the
May 2022 NOPR that the specified pressure was the relevant
characteristic that would distinguish a low-pressure water dispenser
from a faucet as defined for the purpose of applicability of the test
procedure. Id.
DOE also discussed in the May 2022 NOPR that DOE generally tries to
identify physical features in its definitions that would allow a third-
party to easily distinguish between products. Id. DOE has previously
stated that relying on a manufacturer's intent can reduce regulatory
transparency and creates challenges for enforcement. Id. (see 87 FR
13901, 13904). Due to these concerns with trying to interpret whether a
product is designed to operate downstream of a pressure reducing valve
or not, DOE stated in the May 2022 NOPR that it was also considering
including other physical features in the definition that would allow
low-pressure water dispensers to be easily identified, absent any
information from the manufacturer. Based on research of these products,
DOE understands that low-pressure water dispensers tend to have smaller
diameter fittings for water connections. DOE has observed that LPWDs
typically have \1/4\'' compression fittings, which is slightly smaller
than the typical \3/8\'' compression fitting of a faucet. DOE requested
comment as to whether a \1/4\'' compression fitting could be
universally identified as a universal characteristic of a LPWD that
distinguishes it from faucets. Id. DOE also requested comment as to any
additional physical features that distinguish a low-pressure water
dispenser from a faucet. Id.
ASA commented that while they generally recommend DOE to be
consistent with the LPWD definition in the industry standard, they were
not opposed to DOE's definition as proposed. ASA noted that placing
prescriptive requirements, such as physical features, into a product
definition could lead to restricting innovation in design. However, ASA
commented that the key element in defining the term LPWD is the design
pressure. (ASA, No. 13 at pp. 1-2)
PMI recommended that the definition of LPWD be aligned with the
definition of the same term in ASME A112.18.1-2018 because plumbing
manufacturers are already testing LPWDs to the ASME standard. (PMI, No.
16 at p. 3) Accordingly, PMI recommended the following definition: Low-
pressure water dispenser means a terminal fitting that dispenses hot
water above 71 [deg]C (160 [deg]F) or cold water or both at a pressure
of 105 kPa (15 psi) or less. Id. Further, PMI commented that a \1/4\''
compression fitting can be used for other products, and so it is not
universally used in LPWDs, which could also be supplied with \1/4\'',
\3/8\'', or push fit connections. (PMI, No. 16 at p. 3)
While DOE observed that many LPWDs use a \1/4\'' compression
fitting, the comment from PMI suggests that a \1/4\'' compression
fitting may not be a universal characteristic of a LPWD that
distinguishes it from faucets. Accordingly, DOE has determined not to
incorporate a compression fitting size into the definition of LPWD.
Regarding PMI's recommendation to more closely align the LPWD
definition with the industry standard by including the temperature
references in the definition, DOE notes that PMI did not identify how
the temperature is a relevant characteristic to distinguish LPWDs from
faucets. Both LPWDs and faucets can dispense ``hot water above 71
[deg]C (160 [deg]F) or cold water or both.'' As such, DOE has
determined that water temperature is not a universal characteristic
that distinguishes LPWDs from faucets. DOE further notes that by
excluding LPWDs from the scope of the DOE test procedure, manufacturers
that are currently voluntarily measuring LPWD flow rate per ASME
A112.18.1-2018 will not be impacted by the DOE definition of LPWD
established in this final rule.
For the reasons discussed in the May 2022 NOPR, and in
consideration of comments received, DOE is finalizing the definition
for LPWD as ``a terminal fitting that dispenses drinking water at a
pressure of 105 kPA (15 psi) or less,'' consistent with the definition
proposed in the May 2022 NOPR.
b. Pot Filler Definition
In the May 2022 NOPR, DOE proposed to include a definition for
``pot fillers''. DOE discussed concerns that had been raised through
stakeholder comment that pot fillers could be installed over a kitchen
sink. 87 FR 32351, 32355. DOE noted that ASME A112.18.1-2018 does not
define the term ``pot filler.'' DOE stated in the May 2022 NOPR that it
had assessed products marketed as residential pot fillers and observed
several characteristics that make it unlikely for a pot filler to be
installed for regular discharge into a kitchen sink. Specifically, DOE
discussed in the May 2022 NOPR that all the residential pot fillers
that DOE observed have an
[[Page 33537]]
articulated arm,\5\ two shut-off valves,\6\ and are designed for a
single supply line (e.g., cold water).\7\ 87 FR 32351, 32355. Based on
these identifying characteristics, DOE proposed to define pot filler in
10 CFR 430.2 as ``a terminal fitting with an articulated arm and two or
more shut-off valves that can accommodate only a single supply water
inlet.'' Id. DOE requested comment as to whether other characteristics
appropriately distinguished pot fillers from faucets or if there were
other characteristics that were more appropriate. Id.
---------------------------------------------------------------------------
\5\ As discussed in the May 2022 NOPR, the reason pot fillers
have an articulated arm is because it allows the pot filler to
extend over a cooking surface, such as burners on a range, to fill
pots. When not in use, the articulation allows the pot filler to be
pushed flat against the wall and out of the way of the cooking
surface. 87 FR 32351, 32355.
\6\ As discussed in the May 2022 NOPR, one shut-off valve is
located at or near the wall and the other is located at or near the
output of the pot filler. Given that pot-fillers are typically
installed over locations that do not have a drain (e.g., over a
stove), the two shut-off valves minimize the chance of accidentally
turning on the pot filler when there is not a vessel underneath
because an accidental bumping of one shut-off valve from the off to
the on position does not turn on the pot filler. 87 FR 32351, 32355.
\7\ DOE noted in the May 2022 NOPR that having a single supply
line limits the suitability of a pot filler for use as a kitchen
faucet, which are generally supplied with both hot and cold water.
87 FR 32351, 32355.
---------------------------------------------------------------------------
ASA commented that it was aware of pot fillers that have only one
shut-off valve, and therefore the proposed term ``and two or more shut-
off valves'' should not be included as part of the definition. (ASA,
No. 13 at p. 2)
PMI stated that it concurs with DOE that products marketed as
residential pot fillers make it unlikely for a pot filler to be
installed for regular discharge into a kitchen sink. PMI commented that
there are pot fillers available for sale that have a single shut-off
valve as well as those that do not have an articulated arm. PMI
provided a website link to a product marketed as a pot filler with a
single shut-off valve. (PMI, No. 16 at p. 4) PMI suggested that DOE
define a pot filler as a terminal fitting with only one outlet intended
to discharge into a drinking, cooking, or other type of vessel without
a drain. Id.
The examples provided by PMI in its comment indicate that not all
pot fillers have two or more shut-off valves. Therefore, DOE has
determined that pot fillers cannot be universally defined as having two
or more shut-off valves and, as such, is removing this feature from the
definition finalized in this final rule.
In addition, DOE conducted additional market research and
identified a small number of products sold as residential pot fillers
that use a ``swivel spout'' design, rather than an articulated arm. DOE
has added PDF copies of web pages for two such products to the docket
for this rulemaking.
As discussed in the May 2022 NOPR, the reason pot fillers typically
have an articulated arm is because it allows the pot filler to extend
(i.e., reach) over a cooking surface, such as burners on a range, to
fill pots. When not in use, the articulation allows the pot filler to
be pushed flat against the wall and out of the way of the cooking
surface. 87 FR 32351, 32355. For products with this ``swivel spout''
design, an identical functionality is provided in that the product can
reach out over a cooking surface and be pushed flat (i.e., retracted)
when not in use.
Based on this review of the market, DOE has determined that, while
most pot fillers use an articulated arm, some pot fillers may use an
equivalent feature, which allows the pot filler to reach or extend over
a cooking surface, such as burners on a range, to fill vessels. When
not in use, this feature allows the pot filler to be retracted out of
the way of the cooking surface. As such, in this final rule, DOE is
clarifying the pot filler definition proposed in the May 2022 NOPR to
specify that a pot filler has ``an articulated arm or the equivalent
that allows the product to reach to fill vessels when in use and allows
the product to be retracted when not in use.''
With regard to PMI's proposed definition, DOE notes that pot
fillers are characterized by having only a single supply water inlet,
as opposed to a single outlet. Additionally, a number of products,
faucets, LPWDs, and pot fillers, all only have a single water outlet.
In the May 2022 NOPR, DOE noted that pot fillers are designed for a
single supply line (e.g., cold water), limiting their suitability for
use as a kitchen faucet, which are supplied with both hot and cold
water. 87 FR 32351, 32355. DOE did not receive any comments suggesting
that pot fillers are sold with more than one water supply inlet and has
not identified any residential pot fillers on the market designed for
multiple water supply inlets. Therefore, DOE has determined that
accommodating only a single supply inlet is a suitable characteristic
for distinguishing pot fillers from faucets.
As discussed in the May 2022 NOPR, a key difference between
residential pot fillers and faucets is that the intended purpose of pot
fillers is to fill a vessel and, as such, the water usage associated
with pot fillers is directly related to the size of the vessel. 87 FR
32351, 32354. Regarding PMI's comment that pot fillers are designed to
discharge into vessels without a drain, although the intended use of a
pot filler is to discharge into vessels without a drain, nothing about
the design of a pot filler makes it suitable only for this purpose
(i.e., pot fillers are also capable of discharging into a sink with a
drain). As discussed previously, DOE generally strives to identify
physical features in its definitions that would allow a third party to
easily distinguish between products, rather than relying on the
intended use of a product--which can reduce regulatory transparency and
create challenges for enforcement. As such, DOE has determined that the
intended purpose of discharging into a vessel without a drain is not a
suitable characteristic for distinguishing pot fillers from faucets.
In consideration of comments received in response to the proposed
definition in the May 2022 NOPR, as well as additional market research
conducted by DOE as described in the preceding paragraphs, in this
final rule DOE is adopting a definition for pot filler as follows: a
terminal fitting that can accommodate only a single supply water inlet,
with an articulated arm or the equivalent that allows the product to
reach to fill vessels when in use and allows the product to be
retracted when not in use.
2. Showerheads
EPCA defines ``showerhead'' as ``any showerhead (including a
handheld showerhead), except a safety shower showerhead.'' (42 U.S.C.
6291(31)(D))
DOE further defines the term ``showerhead'' 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. 10 CFR 430.2. DOE
defines ``hand-held showerhead'' to mean 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. Id. DOE defines ``safety shower
showerhead'' as a showerhead designed to meet the requirements of
International Safety Equipment Association (``ISEA'') Standard ISEA
Z358.1, American National Standard for Emergency Eyewash and Shower
Equipment. Id.
In the May 2022 NOPR, DOE discussed comments it had previously
received regarding body sprays. 87 FR 32351, 32356. In a final rule
published December 20, 2021 (``December 2021 Final Rule''), DOE
withdrew its
[[Page 33538]]
previous definition for body spray.\8\ DOE stated that the definition
was inconsistent with the express purpose of EPCA to conserve water and
does not best address the relationship between body sprays and
showerheads. Id. at 86 FR 71799. Further, DOE stated that industry
standards and the marketplace treat ``showerheads'' and ``body sprays''
similarly, with the only difference being in the installation location.
Id. In the May 2022 NOPR, DOE noted that its regulatory definition of
showerhead at 10 CFR 430.2 includes the provision ``typically from an
overhead position.'' 87 FR 32728, 32356. DOE stated that given the
``typically from an overhead position'' language in the showerhead
definition, DOE cannot make a general statement that all body sprays
are showerheads, as some body sprays are installed exclusively at body
height and exclusively spray horizontally (i.e., are not overhead). Id.
Further, DOE noted in the May 2022 NOPR that it had previously stated
that when testing shower tower (also known as ``shower panel'')
assemblies, which include body sprays, the components that are
typically overhead (i.e., the main showerhead and hand-held
showerheads) are to be tested with the full flow diverted to those
components only. Id. In addition, where it is not possible to isolate
the covered portion of the shower tower, DOE has previously stated that
all components are to be flowing at the maximum rate and the showerhead
(which encompasses the component or set of components that are
``typically from an overhead position'') measured separately. 78 FR
62970, 62975. Accordingly, DOE stated in the May 2022 NOPR that to the
extent to which a body spray meets the definition of ``showerhead,''
such product is subject to the 2.5 gallon per minute (``gpm'') standard
regardless of the consumer installation orientation. Id. DOE did not
propose any amendments in the May 2022 NOPR with respect to the
definition of showerhead.
---------------------------------------------------------------------------
\8\ On December 16, 2020, DOE published a final rule that
adopted a definition for ``body spray'' as ``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.
---------------------------------------------------------------------------
In response to the May 2022 NOPR, the Joint Advocates commented
that there is no technical or market distinction that differentiates
body sprays from showerheads aside from the position of installation.
Further, the Joint Advocates commented that ``typically from an
overhead position'' is not grounded in statute and that they do not
believe that this phrase excludes certain body sprays because they
spray horizontally simply due to their manner of installation. The
Joint Advocates commented that if certain body sprays are excluded
based on installation location, DOE should either explicitly include
body sprays in the showerhead definition, or amend the definition to
remove ``typically from an overhead position.'' (Joint Advocates, No.
14 at p. 2)
The CA IOUs commented that DOE should clarify that body sprays are
subject to regulatory coverage. The CA IOUs stated that given the
``typically from an overhead position'' language in the definition, DOE
cannot make a general statement that all body sprays are showerheads as
some body sprays are installed at exclusively body height and
exclusively spray horizontally (i.e. are not overhead). The CA IOUs
stated that this statement seems to indicate a change since July 2021
in DOE's position on body sprays. Specifically, the CA IOUs stated that
the discussion in the May 2022 NOPR suggests that if a body spray were
developed that could not operate from an overhead position, it would be
exempt from regulatory coverage. The CA IOUs recommended that to avoid
market confusion, DOE should change the definition to clarify that all
showerheads, regardless of orientation, are subject to regulatory
coverage. (CA IOUs, No. 15 at pp. 1-2)
In response to these comments from the Joint Advocates and the CA
IOUs regarding the distinction between ``body sprays'' and
``showerheads,'' DOE reiterates that the December 2021 Final Rule
withdrew the prior definition for the term ``body spray.'' 86 FR 71797.
As such, DOE does not currently distinguish between products marketed
as ``body sprays'' and products marketed as ``showerheads.'' Whether a
particular product is subject to DOE's test procedure for showerheads
is determined by whether that product meets the current definition of
``showerhead,'' as established by the December 2021 Final Rule.\9\ As
an example, a particular product that sprays water onto a bather
exclusively from a body height or horizontal position (i.e., not from
an overhead position) would not meet the definition of ``showerhead''
and would not be subject to DOE's test procedure for showerheads.
Noting that such products are available on the market, DOE reiterates
that it cannot make a general statement that all products marketed as
``body sprays'' are showerheads, as the term showerhead is defined in
the CFR. DOE further notes, however, that the definition of showerhead
does not necessarily exclude all products marketed as ``body sprays,''
to the extent that such products meet the criteria of the showerhead
definition.
---------------------------------------------------------------------------
\9\ See 86 FR 71797, 71810.
---------------------------------------------------------------------------
Accordingly, for the reasons discussed in the May 2022 NOPR and
summarized in preceding paragraphs, in this final rule, DOE maintains
its definition of the term showerhead. To the extent that a product
meets the definition of ``showerhead,'' such product is subject to
DOE's test procedure for showerheads.
B. Updates to Industry Standards
Appendix S currently references ASME A112.18.1-2012 for the flow
rate test method. In the May 2022 NOPR, DOE proposed to update the
faucets and showerheads test procedure to reference the latest version
of the industry standard, which is ASME A112.18.1-2018. DOE discussed
in the May 2022 NOPR that the updated standard does not include any
amendments to the test procedures for faucets or showerheads. Further,
DOE tentatively determined that referencing the most recent version of
ASME A112.18.1-2018 would not impact: (1) the measured values of water
use for faucets or showerheads under appendix S, (2) the
representativeness of the results, or (3) the test burden. 87 FR 32351,
32357.
In response to the May 2022 NOPR, ASA supported the incorporation
of ASME A112.18.1-2018. (ASA, No. 13 at p. 2) PMI agreed with DOE's
tentative determination that updating the reference to ASME A112.18.1-
2018 would not affect testing of faucets or showerheads or the measured
flow rates, as manufacturers are already testing and certifying to this
edition of the standard. (PMI, No. 16 at p. 4)
Accordingly, for the reasons discussed, DOE incorporates by
reference ASME A112.18.1-2018 in this final rule.
C. Additional Direction in Conducting ASME A112.18.1-2018
DOE's current test procedure for evaluating the flow rate of
faucets and showerheads is at appendix S and references ASME A112.18.1-
2012. Specifically, DOE adopts through reference sections 5.4 and
5.4.2.2 of ASME A112.18.1-2012, which specify two alternate methods for
measuring the flow rate of showerhead and faucets. One method,
described as the fluid meter test in section 5.4.2.2(c) of ASME
A112.18.1-2012, relies on a fluid meter installed upstream of the
showerhead or faucet for measuring the flow rate. The second method,
described as the time/volume method in section 5.4.2.2(d) of
[[Page 33539]]
ASME A112.18.1-2012, relies on a container placed downstream of the
showerhead or faucet that collects the water output during a measured
period of time. The flow rate calculation divides the volume of water
collected by the duration of time.
As discussed in section III.B of this document, DOE is
incorporating by reference ASME A112.18.1-2018. The two methods for
measuring flow rate in ASME A112.18.1-2018 are identical to those in
ASME A112.18.1-2012.
In the May 2022 NOPR, in response to feedback provided by
stakeholders, DOE proposed several additional specifications to the
test procedure. 87 FR 32351, 32357. To develop these additional
specifications, DOE conducted a thorough review of ASME A112.18.1-2018
and consulted two testing laboratories to identify common testing
practices. DOE also reviewed other similar test procedures, including
ASTM International (``ASTM'') F2324 ``Standard Test Method for Prerinse
Spray Valves'' (``ASTM F2324''), which is currently incorporated by
reference at 10 CFR 431.263 and referenced in the test procedure for
commercial prerinse spray valves in 10 CFR 431.264.
In the May 2022 NOPR, DOE proposed that if the fluid meter test
method is used: (1) the fluid meter must be rated for the flow rate
range of the product being tested, (2) the fluid meter must be
calibrated in accordance with manufacturer printed instructions and at
the frequency specified in the manufacturer printed instructions, and
(3) the fluid meter must be capable of reporting flow to a resolution
of no less than two significant figures. 87 FR 32351, 32357-32358.
The Joint Advocates supported DOE's proposal to add additional
directions to the industry test method. The Joint Advocates commented
that implementing additional detail in line with current testing
practices would better ensure accurate and repeatable testing. (Joint
Advocates, No. 14 at p. 1)
ASA commented that it was not opposed to the additional
specifications proposed by DOE. (ASA, No. 13 at p. 3)
PMI requested clarification regarding DOE's proposed requirement
for a fluid meter to have a resolution of no less than two significant
figures for non-metering faucets and showerheads. PMI noted that the
reporting requirements in 10 CFR 429.28(b)(2) and 10 CFR 429.29(b)(2)
for non-metering faucets and showerheads are rounded to the nearest 0.1
gallons instead. PMI further commented that it agreed that fluid meters
used for metering faucets should have a resolution of no less than two
significant figures, rounded to the nearest 0.01 gallons, in accordance
with 10 CFR 429.28(b)(2). PMI recommended that DOE update the
requirements for the fluid meter to be rated, and have a flow rate
resolution, for the flow rate range of the product being tested ``to
meet the reporting requirements of 10 CFR 429.28(b)(2) and 10 CFR
429.29(b)(2).'' (PMI, No. 16 at p. 5)
DOE agrees with PMI that the resolution requirements for the fluid
meter test should align with the reporting requirements established in
10 CFR 429.28(b)(2) and 10 CFR 429.29(b)(2). DOE notes that ASTM F2324
specifies both the unit and decimal place to which the measurement
should be conducted, rather than specifying significant figures, as
proposed by DOE. DOE has determined that the approach used by ASTM
F2324 more clearly specifies the required resolution and would avoid
any potential confusion regarding resolution requirements when
conducting measurements in different units (i.e., measuring in liters
versus gallons). The comments from PMI suggest that this convention is
consistent with the current industry practices.
Accordingly, in this final rule, DOE is amending the requirements
for fluid meter resolution to the following: When testing showerheads
or non-metering faucets, ensure that the fluid meter has a resolution
for flow rate of at least 0.1 gallons (0.4 liters) per minute. When
testing a metering faucet, ensure that the fluid meter has a resolution
for flow rate of at least 0.01 gallons (0.04 liters) per minute.
DOE notes that this language update only clarifies the intended
resolution requirements from the May 2022 NOPR and is not a more
stringent resolution than is currently required for certification. For
example, a resolution requirement of two significant figures, as
proposed in the May 2022 NOPR, would require flow rate to be measured
to a resolution of 0.01 gpm, consistent with the resolution of at least
0.01 gallons (0.04 liters) per minute specified in this final rule.
In the May 2022 NOPR, DOE also proposed general instructions for
measuring flow rate using the time/volume test method in ASME
A112.18.1-2018. 87 FR 32351, 32358. DOE proposed that if the time/
volume test is used: (1) the receiving container must be of sufficient
size to contain all of the water for a single test and must have an
opening size and/or partial cover, such that loss of water from
splashing is minimized; and (2) the test must be conducted for a
minimum of 1 minute and the time must be measured using a stopwatch
with a minimum resolution of 0.1 seconds. DOE further proposed to
clarify that measuring and recording the temperature of the water in
this type of test requires a thermocouple or similar device and only
the following two approaches are permissible: (1) At the receiving
container immediately after recording the mass of water, or (2) at the
water in the supply line any time during the duration of the time/
volume test. In addition, DOE proposed to require measuring the mass of
water to at least two significant figures and converting the mass to
volume based on the specific gravity of water at the recorded
temperature. Id. DOE tentatively determined that these proposed
amendments would provide an accurate method for measuring flow rate and
would reflect current testing practice, and therefore would not affect
testing burden.
In response to DOE's proposal to require measuring the mass of
water to at least two significant features, PMI commented that
resolution of the measurement is the more meaningful specification. PMI
commented that the density of water is 8.34 lbs./gal at 32 [deg]F and
that if 2.5 gallons of water is collected, it would weigh 20.85 lbs.
PMI added that a measurement of 20.85 lbs is considered as four
significant figures; when rounded to two significant figures the
measurement would be 21 lbs. (PMI, No. 16 at p. 6)
Similar to previous discussion of resolution for fluid meters, DOE
agrees with PMI's comment that resolution is a more meaningful
specification for measuring the mass of water than the number of
significant figures, as proposed by DOE. DOE notes that ASTM F2324
states that, when performing a test with the time/volume method, the
analytical balance scale or equivalent device used when measuring the
weight of the water carboy ``shall have a resolution of 0.01 lb.
(5g).'' DOE has determined that the approach used by ASTM F2324 avoids
potential ambiguity regarding the required resolution. For these
reasons, in this final rule, DOE is amending the requirement for
measuring the mass of water to the following: measure the mass of water
to a resolution of at least 0.01 lb. (0.005 kg).
In the May 2022 NOPR, DOE proposed adding a new section 2.1
(renumbered as section 3.0 in this final rule) to appendix S titled
``General Instruction.'' 87 FR 32351, 23365. Within this section, DOE
proposed to specify general instructions for the fluid meter test in a
new subsection 2.1.1 (renumbered as section 3.1 in this final
[[Page 33540]]
rule), titled ``Fluid Meter Test Method,'' and for the time/volume test
method in a new subsection 2.1.2 (renumbered as section 3.2 in this
final rule), titled ``Time/Volume Test Method.'' Id.
In response to the May 2022 NOPR, DOE received several comments on
the proposed title for subsection 2.1.1 (``Fluid Meter Test Method'';
renumbered as section 3.1 in this final rule). Neoperl commented that
it disagreed with DOE's proposed title because a fluid meter is a type
of laboratory equipment and can be known by many different common
names, such as flow gauge, flow indicator, liquid meter, or flow rate
sensor. Neoperl recommended that the name of the test method should
describe the purpose of the test, instead of the laboratory equipment.
(Neoperl, No. 12 at p. 2)
ASA recommended that the term ``flow rate test'' be used instead of
``fluid meter test'' to be consistent with the ASME standard and to
represent the purpose of the test rather than the device used. (ASA,
No. 13 at p. 3)
PMI suggested revising the title of proposed section 2.1.1
(renumbered as section 3.1 in this final rule) from ``fluid meter test
method'' to one of the following options that PMI asserted would more
clearly express the intent of the instructions: ``Flow Test Method,''
``Flow Rate Test Method,'' or ``Fluid Flow Indicator Test Method.'' PMI
noted that several devices are capable of measuring the flow of water
in a pipe at the necessary resolution and that in some cases, it may
not be clear to the reader that the term flow meter as it is used in
the title of the section is a general phrase intended to describe a
device that measures the flow of water. (PMI, No. 16 at p. 5)
Having considered this feedback from stakeholders regarding the
proposed section titles, in this final rule DOE is adopting updated
titles to clarify, in the title, the purpose of the test: section 3.0
``General Instruction for Measuring Flow Rate''; section 3.1 ``Using
the Fluid Meter Method to Measure Flow Rate''; and section 3.2 ``Using
the Time/Volume Method to Measure Flow Rate.''
DOE is also adding language to sections 3.1 and 3.2 to make more
explicit that, although the term ``Fluid Meter Method'' is used in the
title of section 3.1, the method provided in section 3.1 is relevant to
all equipment and measures flow rate upstream of a showerhead or
faucet. Similarly, the method provided in section 3.2 is relevant to
all equipment used to measure flow rate downstream of a showerhead or
faucet. Specifically, DOE is adding language within section 3.1 to
specify that the section applies when measuring flow rate upstream of a
showerhead or faucet using a fluid meter (or equivalent device) as
described in section 5.4.2.2(c) of ASME A112.18.1. DOE is adding
similar language within section 3.2 to specify that the method
described in this subsection is relevant when measuring flow rate
downstream of the showerhead or faucet as described in section
5.4.2.2(d) of ASME A112.18.1.
DOE did not receive any comments related to any of the other
amendments to appendix S proposed in the May 2022 NOPR not specifically
discussed in the preceding sections of this document. For the reasons
discussed in the May 2022 NOPR, DOE is adopting those amendments as
proposed.
D. Flow Restrictor Retention Test Method
The current standards for showerheads include a requirement that
when used as a component of a showerhead, a flow-restricting insert
must be mechanically retained at the point of manufacture such that a
force of 8.0 pounds force (``lbf'') (36 Newtons) or more is required to
remove the flow-restricting insert, except that this requirement does
not apply to showerheads for which removal of the flow-restricting
insert would cause water to leak significantly from areas other than
the spray face. 10 CFR 430.32(p).
In the October 2013 Final Rule, DOE explained that it had
considered establishing a test procedure for measuring the force
required to remove a flow-restricting insert, but stated that further
investigation of the issue was necessary and did not adopt a test
procedure for flow-restrictor retention. 78 FR 62970, 62974. In the May
2022 NOPR, addressed comments received from stakeholders recommending
that DOE propose a test method for flow restrictor retention to verify
compliance with the flow restricting insert requirement. DOE noted in
the May 2022 NOPR that ASME A112.18.1-2018 does not include any test
method for showerhead flow retention. 87 FR 32351, 32359. DOE stated
that a challenge in developing a test procedure is that there are
numerous flow-restrictor configurations and there may not be one test
method to suit all possible flow restrictors. Id. Given the variation
in design, DOE tentatively concluded that such a test method may hinder
product design. Id. Further, DOE stated that it did not have any
indication that there is an issue in practice with customers removing
flow-restriction devices. Id. For these reasons, DOE did not propose a
test method for flow restrictor retention in the May 2022 NOPR.
In response to the May 2022 NOPR, the Joint Advocates recommended
that DOE develop a test method for flow-restrictor retention for
showerheads. The Joint Advocates stated that EPCA includes a
requirement for the retention of flow restricting devices in the energy
conservation standard for showerheads, noting that this requirement is
as much a part of the standard as the maximum flow rate but that it had
not been address in the test procedure or ASME A112.18.1-2018. The
Joint Advocates commented that although DOE stated in the NOPR that it
has no indication that customers are removing flow restricting devices,
numerous online articles provide detailed instructions on easily
removing flow restrictors. The Joint Advocates also commented that
restrictors may be removed by installers in misguided attempts to
satisfy customers. Further, the Joint Advocates stated that a lack of a
test method is a particular concern for States that have adopted
showerhead standards that are more stringent than the Federal standard.
The Joint Advocates referenced showerhead manufacturers who provide 1.8
or 2.0 gpm showerheads with an optional 2.5 gpm flow restrictor in the
box, stating that this creates a loophole in which compliance with
State standards becomes the choice of the installer. Additionally, the
Joint Advocates commented that flow restrictors serve a critical
function, and their casual removal or replacement jeopardizes the
effectiveness of the standard and its intended savings of energy and
water. Finally, to accommodate the variety of showerhead designs, the
Joint Advocates urged DOE to develop a typology of showerhead designs
and removable flow-restriction devices and investigate one or more
methods for measuring the force required for removal of flow
restrictors. (Joint Advocates, No. 14 at pp. 2-3)
PMI agreed with DOE's tentative determination that a test method
for flow restrictors should not be proposed, commenting that
manufacturers of showerheads invest in research and development,
prototypes, production, third-party certification, marketing, and
distribution to produce a wide variety of showerheads that perform well
to meet consumer needs and consumer satisfaction. Further, PMI
commented that in many cases, flow restrictors are difficult to remove
because the designs of the showerheads do not provide easy access for a
tool to remove the flow restrictor. (PMI, No. 16 at p. 7)
[[Page 33541]]
Neoperl stated that it agrees with DOE that consumers do not remove
flow restrictors from showerheads. Neoperl commented that consumers
report satisfaction with showerhead performance. In addition, Neoperl
commented that due to the numerous showerhead designs on the market,
identification of the flow restrictor is often too difficult for a
consumer. Neoperl stated that flow restrictors are difficult to remove
because the flow restrictor designs lack sufficient surface area or
protrusions onto which a tool can be fastened to facilitate removal of
the flow restrictor. (Neoperl, No. 12 at p. 3)
ASA commented that it was not aware of any data supporting the
removal of flow restrictors from showerheads. ASA stated that it would
be opposed to DOE taking any action on this issue without field data to
indicate there is a problem. (ASA, No. 13 at p. 3)
DOE notes that the Joint Advocates did not provide any data or
other information that would inform the prevalence of flow restrictors
being removed from a showerhead by consumers. DOE notes that the
availability or prevalence of website articles that provide
instructions on removing flow restrictors does not indicate the
prevalence of such actions by consumers. Other stakeholder comments
summarized in the preceding paragraphs indicate that removal of flow-
restricting devices by consumers is uncommon in practice. Further, DOE
has not received any comment or information to indicate that a test
method for flow-restrictor retention could be implemented without
impacting design flexibility. As such, DOE does not have sufficient
reason to believe that establishing a test procedure for retention of
flow-restricting devices is necessary to maintain the effectiveness of
the applicable standard. Accordingly, in this final rule, DOE is not
adopting a test procedure for flow-restrictor retention.
E. Clarification to 10 CFR 430.23 and Appendix S
10 CFR 430.23(s) and (t) provide the test procedures for the
measurement of water consumption of faucets and showerheads,
respectively. 10 CFR 430.23(s) requires that ``the maximum permissible
water use allowed for lavatory faucets, lavatory replacement aerators,
kitchen faucets, and kitchen replacement aerators, expressed in gallons
and liters per minute (gpm and L/min), shall be measured in accordance
to section 2(a) of appendix S of this subpart. The maximum permissible
water use allowed for metering faucets, expressed in gallons and liters
per cycle (gal/cycle and L/cycle), shall be measured in accordance to
section 2(a) of appendix S of this subpart.'' Similarly, 10 CFR
430.23(t) requires that ``the maximum permissible water use allowed for
showerheads, expressed in gallons and liters per minute (gpm and L/
min), shall be measured in accordance to section 2(b) of appendix S of
this subpart.'' \10\
---------------------------------------------------------------------------
\10\ DOE notes that section 2(a) and section 2(b) have been
renumbered as sections 2.1 and 2.2, respectively, in this final
rule.
---------------------------------------------------------------------------
In the May 2022 NOPR, DOE noted that the language ``maximum
permissible water use'' [emphasis added] in the aforementioned sections
is incorrect, as the test procedures measure water use [emphasis
added]. The term ``maximum permissible water use'' is instead
descriptive of a conservation standard. 87 FR 32351, 32359.
Accordingly, DOE proposed to replace the language ``the maximum
permissible water use allowed'' in 10 CFR 430.23(s) and 10 CFR
430.23(t) with ``the water use.'' Id. DOE explained that this amendment
would clarify that the DOE test procedures measure water use, whereas
the standards in 10 CFR 430.32(o) and (p) establish the maximum
allowable water use for faucets and showerheads, respectively. Id.
Additionally, 10 CFR 430.23(s), 10 CFR 430.23(t), and appendix S
state that water use should be expressed in ``gallons and liters per
minute (gpm and L/min).'' In the May 2022 NOPR, DOE noted that this
wording is unclear and could imply that manufacturers need to express
results in both gpm and L/min, whereas manufacturers should instead
express results in either gpm or L/min. 87 FR 32351, 32359.
Accordingly, DOE proposed to replace the language ``gallons and liters
per minute'' with ``gallons or liters per minute.'' Id.
ASA did not oppose replacing ``maximum permissible water use
allowed'' with ``water use'' in 10 CFR 430.23(s) and (t) and replacing
``gallons and liters per minute'' with ``gallons or liters per minute''
in 10 CFR 430.23(s) and (t). (ASA, No. 13 at p. 3)
PMI commented that it agreed with DOE's determination to update
language for faucets and showerheads to state that water use is
expressed in gallons or liters per minute. PMI also supported the
language updates for faucets and showerheads to replace ``maximum
permissible water use allowed'' with ``water use.'' (PMI, No. 16 at p.
8)
For the reasons discussed in the May 2022 NOPR and summarized in
the preceding paragraphs, DOE is incorporating these edits into 10 CFR
430.23(s), 10 CFR 430.23(t), and appendix S as proposed in the May 2022
NOPR.
F. Test Procedure Costs
EPCA requires that test procedures proposed by DOE not be unduly
burdensome to conduct. (42 U.S.C. 6293(b)(3)) In the May 2022 NOPR, DOE
tentatively determined that the proposed amendments would not impact
testing costs and requested comment on this proposed determination. 87
FR 32351, 32359.
In response, ASA commented that it was not aware of potential costs
to industry and small business based on the information provided by
DOE, on the assumption that DOE accepts the comments expressed by ASA.
(ASA, No. 13 at p. 3)
PMI commented that manufacturers are already testing products using
ASME A112.18.1-2018 and therefore updating the reference in DOE's test
procedure would not affect testing. (PMI, No. 16 at p. 4) PMI expressed
caution regarding the development of additional requirements outside of
existing standards because they are typically not developed under the
ANSI essential requirements, which are generally reviewed, discussed,
and approved by a balanced committee of stakeholders. (PMI, No. 16 at
p. 8)
In this final rule, DOE amends the test procedures for faucets and
showerheads to reference the most recent update to the relevant
industry standard, ASME 112.18.1-2018. In addition, DOE is also
amending certain definitions to clarify the scope of the test procedure
and adding additional specifications on equipment and instrumentation,
measurement precision, and calculation of flow rate consistent with
current industry practice. The adopted amendments are consistent with
current industry standards and would not impact the measured values of
water use for faucets and showerheads under appendix S. As supported by
stakeholder comments summarized in the preceding paragraphs, DOE has
determined that these adopted amendments will not impact testing costs
already experienced by manufacturers or be unduly burdensome for
manufacturers to conduct.
G. Effective and Compliance Dates
The effective date for the adopted test procedure amendment will be
30 days after publication of this final rule in the Federal Register.
EPCA prescribes that all representations of energy efficiency
[[Page 33542]]
and energy use, or in the case of faucets and showerheads, water use,
including those made on marketing materials and product labels, must be
made in accordance with an amended test procedure, beginning 180 days
after publication of the final rule in the Federal Register. (42 U.S.C.
6293(c)(2)) EPCA provides an allowance for individual manufacturers to
petition DOE for an extension of the 180-day period if the manufacturer
may experience undue hardship in meeting the deadline. (42 U.S.C.
6293(c)(3)) To receive such an extension, petitions must be filed with
DOE no later than 60 days before the end of the 180-day period and must
detail how the manufacturer will experience undue hardship. (Id.)
IV. Procedural Issues and Regulatory Review
A. Review Under Executive Orders 12866, 13563, and 14094
Executive Order (``E.O.'')12866, ``Regulatory Planning and
Review,'' as supplemented and reaffirmed by E.O. 13563, ``Improving
Regulation and Regulatory Review,'' 76 FR 3821 (Jan. 21, 2011) and
amended by E.O. 14094, ``Modernizing Regulatory Review,'' 88 FR 21879
(April 11, 2023), requires agencies, to the extent permitted by law, to
(1) propose or adopt a regulation only upon a reasoned determination
that its benefits justify its costs (recognizing that some benefits and
costs are difficult to quantify); (2) tailor regulations to impose the
least burden on society, consistent with obtaining regulatory
objectives, taking into account, among other things, and to the extent
practicable, the costs of cumulative regulations; (3) select, in
choosing among alternative regulatory approaches, those approaches that
maximize net benefits (including potential economic, environmental,
public health and safety, and other advantages; distributive impacts;
and equity); (4) to the extent feasible, specify performance
objectives, rather than specifying the behavior or manner of compliance
that regulated entities must adopt; and (5) identify and assess
available alternatives to direct regulation, including providing
economic incentives to encourage the desired behavior, such as user
fees or marketable permits, or providing information upon which choices
can be made by the public. DOE emphasizes as well that E.O. 13563
requires agencies to use the best available techniques to quantify
anticipated present and future benefits and costs as accurately as
possible. In its guidance, the Office of Information and Regulatory
Affairs (``OIRA'') in the Office of Management and Budget (``OMB'') has
emphasized that such techniques may include identifying changing future
compliance costs that might result from technological innovation or
anticipated behavioral changes. For the reasons stated in the preamble,
this final regulatory action is consistent with these principles.
Section 6(a) of E.O. 12866 also requires agencies to submit
``significant regulatory actions'' to OIRA for review. OIRA has
determined that this final regulatory action does not constitute a
``significant regulatory action'' under section 3(f) of E.O. 12866.
Accordingly, this action was not submitted to OIRA for review under
E.O. 12866.
B. Review Under the Regulatory Flexibility Act
The Regulatory Flexibility Act (5 U.S.C. 601 et seq.) requires
preparation of a final regulatory flexibility analysis (``FRFA'') for
any final rule where the agency was first required by law to publish a
proposed rule for public comment, unless the agency certifies that the
rule, if promulgated, will not have a significant economic impact on a
substantial number of small entities. As required by Executive Order
13272, ``Proper Consideration of Small Entities in Agency Rulemaking,''
67 FR 53461 (August 16, 2002), DOE published procedures and policies on
February 19, 2003 to ensure that the potential impacts of its rules on
small entities are properly considered during the DOE rulemaking
process. 68 FR 7990. DOE has made its procedures and policies available
on the Office of the General Counsel's website: www.energy.gov/gc/office-general-counsel. DOE reviewed this final rule under the
provisions of the Regulatory Flexibility Act and the procedures and
policies published on February 19, 2003.
In the May 2022 NOPR, DOE tentatively concluded that the impacts of
the test procedure amendments contained in the NOPR would not have a
``significant economic impact on a substantial number of small
entities,'' and that the preparation of an initial regulatory
flexibility analysis (``IRFA'') was not warranted, and that DOE would
transmit the certification and supporting statement of actual basis to
the Chief Counsel for Advocacy of the small Business Administration for
review. 87 FR 32351, 32361.
As stated, the amendments adopted in this final rule amend the test
procedures for faucets and showerheads to reference the latest version
of the industry standard, ASME A112.18.1-2018. In addition, DOE amends
certain definitions to clarify the scope of the test procedure and add
additional specifications on equipment and instrumentation, measurement
precision, and calculation of flow rate consistent with current
industry practice. DOE has determined that the adopted test procedure
amendments would not impact testing costs already experienced by any
manufacturers, including small business manufacturers.
The amendments adopted in this final rule would not have
significant economic impact on small businesses. The Small Business
Administration (``SBA'') considers a business entity to be a small
business if, together with its affiliates, it employs less than a
threshold number of workers or earns less than the average annual
receipts specified in 13 CFR part 121. The threshold values set forth
in these regulation use size standards codes established by the North
American Industry Classification System (``NAICS'') that are available
at: www.sba.gov/document/support--table-size-standards. Plumbing
equipment manufacturers are classified under NAICS 332913 ``Plumbing
Fixture Fitting and Trim Manufacturing,'' and NAICS 327110 ``Pottery,
Ceramics, and Plumbing Fixture Manufacturing.'' The SBA sets a
threshold of 1,000 employees or fewer for an entity to be considered a
small business within these categories.
For the same reasons discussed in the May 2022 NOPR, DOE concludes
that the cost effects accruing from the final rule would not have a
``significant economic impact on a substantial number of small
entities,'' and that the preparation of a FRFA is not warranted. DOE
has submitted a certification and supporting statement of factual basis
to the Chief Counsel for Advocacy of the Small Business Administration
for review under 5 U.S.C. 605(b).
C. Review Under the Paperwork Reduction Act of 1995
Manufacturers of faucets and showerheads must certify to DOE that
their products comply with any applicable energy conservation
standards. To certify compliance, manufacturers must first obtain test
data for their products according to the DOE test procedures, including
any amendments adopted for those test procedures. DOE has established
regulations for the certification and recordkeeping requirements for
all covered consumer products and commercial equipment, including
faucets and showerheads. (See generally 10 CFR part 429.) The
collection-of-information requirement for the
[[Page 33543]]
certification and recordkeeping is subject to review and approval by
OMB under the Paperwork Reduction Act (``PRA''). This requirement has
been approved by OMB under OMB control number 1910-1400. Public
reporting burden for the certification is estimated to average 35 hours
per response, including the time for reviewing instructions, searching
existing data sources, gathering and maintaining the data needed, and
completing and reviewing the collection of information.
DOE is not amending the certification or reporting requirements for
faucets and showerheads in this final rule. Instead, DOE may consider
proposals to amend the certification requirements and reporting for
faucets and showerheads under a separate rulemaking regarding appliance
and equipment certification. DOE will address changes to OMB Control
Number 1910-1400 at that time, as necessary.
Notwithstanding any other provision of the law, no person is
required to respond to, nor shall any person be subject to a penalty
for failure to comply with, a collection of information subject to the
requirements of the PRA, unless that collection of information displays
a currently valid OMB Control Number.
D. Review Under the National Environmental Policy Act of 1969
In this final rule, DOE establishes test procedure amendments that
it expects will be used to develop and implement future energy
conservation standards for faucets and showerheads. DOE has determined
that this rule falls into a class of actions that are categorically
excluded from review under the National Environmental Policy Act of
1969 (42 U.S.C. 4321 et seq.) and DOE's implementing regulations at 10
CFR part 1021. Specifically, DOE has determined that adopting test
procedures for measuring energy efficiency of consumer products and
industrial equipment is consistent with activities identified in 10 CFR
part 1021, appendix A to subpart D, A5 and A6. Accordingly, neither an
environmental assessment nor an environmental impact statement is
required.
E. Review Under Executive Order 13132
Executive Order 13132, ``Federalism,'' 64 FR 43255 (August 4,
1999), imposes certain requirements on agencies formulating and
implementing policies or regulations that preempt State law or that
have federalism implications. The Executive order requires agencies to
examine the constitutional and statutory authority supporting any
action that would limit the policymaking discretion of the States and
to carefully assess the necessity for such actions. The Executive order
also requires agencies to have an accountable process to ensure
meaningful and timely input by State and local officials in the
development of regulatory policies that have federalism implications.
On March 14, 2000, DOE published a statement of policy describing the
intergovernmental consultation process it will follow in the
development of such regulations. 65 FR 13735. DOE examined this final
rule and determined that it will not have a substantial direct effect
on the States, on the relationship between the national government and
the States, or on the distribution of power and responsibilities among
the various levels of government. EPCA governs and prescribes Federal
preemption of State regulations as to energy conservation for the
products that are the subject of this final rule. States can petition
DOE for exemption from such preemption to the extent, and based on
criteria, set forth in EPCA. (42 U.S.C. 6297(d)) No further action is
required by Executive Order 13132.
F. Review Under Executive Order 12988
Regarding the review of existing regulations and the promulgation
of new regulations, section 3(a) of Executive Order 12988, ``Civil
Justice Reform,'' 61 FR 4729 (Feb. 7, 1996), imposes on Federal
agencies the general duty to adhere to the following requirements: (1)
eliminate drafting errors and ambiguity; (2) write regulations to
minimize litigation; (3) provide a clear legal standard for affected
conduct rather than a general standard; and (4) promote simplification
and burden reduction. Section 3(b) of Executive Order 12988
specifically requires that Executive agencies make every reasonable
effort to ensure that the regulation (1) clearly specifies the
preemptive effect, if any; (2) clearly specifies any effect on existing
Federal law or regulation; (3) provides a clear legal standard for
affected conduct while promoting simplification and burden reduction;
(4) specifies the retroactive effect, if any; (5) adequately defines
key terms; and (6) addresses other important issues affecting clarity
and general draftsmanship under any guidelines issued by the Attorney
General. Section 3(c) of Executive Order 12988 requires Executive
agencies to review regulations in light of applicable standards in
sections 3(a) and 3(b) to determine whether they are met or it is
unreasonable to meet one or more of them. DOE has completed the
required review and determined that, to the extent permitted by law,
this final rule meets the relevant standards of Executive Order 12988.
G. Review Under the Unfunded Mandates Reform Act of 1995
Title II of the Unfunded Mandates Reform Act of 1995 (``UMRA'')
requires each Federal agency to assess the effects of Federal
regulatory actions on State, local, and Tribal governments and the
private sector. Public Law 104-4, sec. 201 (codified at 2 U.S.C. 1531).
For a regulatory action resulting in a rule that may cause the
expenditure by State, local, and Tribal governments, in the aggregate,
or by the private sector of $100 million or more in any one year
(adjusted annually for inflation), section 202 of UMRA requires a
Federal agency to publish a written statement that estimates the
resulting costs, benefits, and other effects on the national economy.
(2 U.S.C. 1532(a), (b)) The UMRA also requires a Federal agency to
develop an effective process to permit timely input by elected officers
of State, local, and Tribal governments on a proposed ``significant
intergovernmental mandate,'' and requires an agency plan for giving
notice and opportunity for timely input to potentially affected small
governments before establishing any requirements that might
significantly or uniquely affect small governments. On March 18, 1997,
DOE published a statement of policy on its process for
intergovernmental consultation under UMRA. 62 FR 12820; also available
at www.energy.gov/gc/office-general-counsel. DOE examined this final
rule according to UMRA and its statement of policy and determined that
the rule contains neither an intergovernmental mandate, nor a mandate
that may result in the expenditure of $100 million or more in any year,
so these requirements do not apply.
H. Review Under the Treasury and General Government Appropriations Act,
1999
Section 654 of the Treasury and General Government Appropriations
Act, 1999 (Pub. L. 105-277) requires Federal agencies to issue a Family
Policymaking Assessment for any rule that may affect family well-being.
This final rule will not have any impact on the autonomy or integrity
of the family as an institution. Accordingly, DOE has concluded that it
is not necessary to prepare a Family Policymaking Assessment.
I. Review Under Executive Order 12630
DOE has determined, under Executive Order 12630, ``Governmental
Actions and Interference with Constitutionally
[[Page 33544]]
Protected Property Rights,'' 53 FR 8859 (March 18, 1988), that this
regulation will not result in any takings that might require
compensation under the Fifth Amendment to the U.S. Constitution.
J. Review Under Treasury and General Government Appropriations Act,
2001
Section 515 of the Treasury and General Government Appropriations
Act, 2001 (44 U.S.C. 3516 note) provides for agencies to review most
disseminations of information to the public under guidelines
established by each agency pursuant to general guidelines issued by
OMB. OMB's guidelines were published at 67 FR 8452 (Feb. 22, 2002), and
DOE's guidelines were published at 67 FR 62446 (Oct. 7, 2002). Pursuant
to OMB Memorandum M-19-15, Improving Implementation of the Information
Quality Act (April 24, 2019), DOE published updated guidelines which
are available at www.energy.gov/sites/prod/files/2019/12/f70/DOE%20Final%20Updated%20IQA%20Guidelines%20Dec%202019.pdf. DOE has
reviewed this final rule under the OMB and DOE guidelines and has
concluded that it is consistent with applicable policies in those
guidelines.
K. Review Under Executive Order 13211
Executive Order 13211, ``Actions Concerning Regulations That
Significantly Affect Energy Supply, Distribution, or Use,'' 66 FR 28355
(May 22, 2001), requires Federal agencies to prepare and submit to OMB,
a Statement of Energy Effects for any significant energy action. A
``significant energy action'' is defined as any action by an agency
that promulgated or is expected to lead to promulgation of a final
rule, and that (1) is a significant regulatory action under Executive
Order 12866, or any successor order; and (2) is likely to have a
significant adverse effect on the supply, distribution, or use of
energy; or (3) is designated by the Administrator of OIRA as a
significant energy action. For any significant energy action, the
agency must give a detailed statement of any adverse effects on energy
supply, distribution, or use if the regulation is implemented, and of
reasonable alternatives to the action and their expected benefits on
energy supply, distribution, and use.
This regulatory action is not a significant regulatory action under
Executive Order 12866. Moreover, it would not have a significant
adverse effect on the supply, distribution, or use of energy, nor has
it been designated as a significant energy action by the Administrator
of OIRA. Therefore, it is not a significant energy action, and,
accordingly, DOE has not prepared a Statement of Energy Effects.
L. Review Under Section 32 of the Federal Energy Administration Act of
1974
Under section 301 of the Department of Energy Organization Act
(Pub. L. 95-91; 42 U.S.C. 7101), DOE must comply with section 32 of the
Federal Energy Administration Act of 1974, as amended by the Federal
Energy Administration Authorization Act of 1977. (15 U.S.C. 788;
``FEAA'') Section 32 essentially provides in relevant part that, where
a proposed rule authorizes or requires use of commercial standards, the
notice of proposed rulemaking must inform the public of the use and
background of such standards. In addition, section 32(c) requires DOE
to consult with the Attorney General and the Chairman of the Federal
Trade Commission (``FTC'') concerning the impact of the commercial or
industry standards on competition.
The modifications to the test procedure for faucets and showerheads
adopted in this final rule incorporates testing methods contained in
certain sections of the following commercial standards: ASME A112.18.1-
2018. DOE has evaluated these standards and is unable to conclude
whether it fully complies with the requirements of section 32(b) of the
FEAA (i.e., whether it was developed in a manner that fully provides
for public participation, comment, and review). DOE has consulted with
both the Attorney General and the Chairman of the FTC about the impact
on competition of using the methods contained in these standards and
has received no comments objecting to their use.
M. Congressional Notification
As required by 5 U.S.C. 801, DOE will report to Congress on the
promulgation of this rule before its effective date. The report will
state that it has been determined that the rule is not a ``major rule''
as defined by 5 U.S.C. 804(2).
N. Description of Materials Incorporated by Reference
ASME A112.18.1-2018 is an industry-accepted test standard that
measures water consumption for faucets and showerheads, and is
applicable to products sold in North America. Specifically, the test
procedure codified by this final rule references section 5.4 ``Flow
rate,'' which includes section 5.4.1 ``Supply fittings'' and section
5.4.2 ``Test procedure,'' which outline the procedures for testing and
measuring water consumption, specifications for test apparatus, and
other general requirements.
ASME A112.18.1-2018 is reasonably available from American Society
of Mechanical Engineers at 2 Park Avenue, New York, NY 10016-5990, or
by visiting www.asme.org.
V. Approval of the Office of the Secretary
The Secretary of Energy has approved publication of this final
rule.
List of Subjects in 10 CFR Part 430
Administrative practice and procedure, Confidential business
information, Energy conservation, Household appliances, Imports,
Incorporation by reference, Intergovernmental relations, Small
businesses.
Signing Authority
This document of the Department of Energy was signed on May 16,
2023, by Francisco Alejandro Moreno, 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 May 17, 2023.
Treena V. Garrett,
Federal Register Liaison Officer, U.S. Department of Energy.
For the reasons stated in the preamble, DOE amends part 430 of
chapter II of title 10, Code of Federal Regulations as set forth below:
PART 430--ENERGY CONSERVATION PROGRAM FOR CONSUMER PRODUCTS
0
1. The authority citation for part 430 continues to read as follows:
Authority: 42 U.S.C. 6291-6309; 28 U.S.C. 2461 note.
0
2. Section 430.2 is amended by revising the definition for ``Faucet''
and adding in alphabetical order definitions for ``Low-pressure water
dispenser'' and ``Pot filler'' to read as follows:
[[Page 33545]]
Sec. 430.2 Definitions.
* * * * *
Faucet means a lavatory faucet, kitchen faucet, metering faucet, or
replacement aerator for a lavatory or kitchen faucet, excluding low-
pressure water dispensers and pot fillers.
* * * * *
Low-pressure water dispenser means a terminal fitting that
dispenses drinking water at a pressure of 105 kPA (15 psi) or less.
* * * * *
Pot filler means a terminal fitting that can accommodate only a
single supply water inlet, with an articulated arm or the equivalent
that allows the product to reach to fill vessels when in use and allows
the product to be retracted when not in use.
* * * * *
0
3. Section 430.3 is amended by revising paragraph (h)(1) to read as
follows:
Sec. 430.3 Materials incorporated by reference.
* * * * *
(h) * * *
(1) ASME A112.18.1-2018/CSA B125.1-2018, (``ASME A112.18.1''),
Plumbing supply fittings, CSA-published July 2018; IBR approved for
appendix S to subpart B.
* * * * *
0
4. Section 430.23 is amended by revising paragraphs (s) and (t) to
read as follows:
Sec. 430.23 Test procedures for the measurement of energy and water
consumption.
* * * * *
(s) Faucets. Measure the water use for lavatory faucets, lavatory
replacement aerators, kitchen faucets, and kitchen replacement
aerators, in gallons or liters per minute (gpm or L/min), in accordance
to section 2.1 of appendix S of this subpart. Measure the water use for
metering faucets, in gallons or liters per cycle (gal/cycle or L/
cycle), in accordance to section 2.1 of appendix S of this subpart.
(t) Showerheads. Measure the water use for showerheads, in gallons
or liters per minute (gpm or L/min), in accordance to section 2.2 of
appendix S of this subpart.
* * * * *
0
5. Appendix S to subpart B of part 430 is revised to read as follows:
Appendix S to Subpart B of Part 430--Uniform Test Method for Measuring
the Water Consumption of Faucets and Showerheads
Note: Manufacturers must use the results of testing under this
appendix to determine compliance with the relevant standards for
faucets and showerheads at Sec. 430.32(g)(o) and (p) as those
standards appeared in January 1, 2023 edition of 10 CFR parts 200-
499. Specifically, before November 20, 2023 representations must be
based upon results generated either under this appendix as codified
on June 23, 2023 or under this appendix as it appeared in the 10 CFR
parts 200-499 edition revised as of January 1, 2023. Any
representations made on or after November 20, 2023 must be made
based upon results generated using this appendix as codified on June
23, 2023.
0. Incorporation by Reference
In Sec. 430.3, DOE incorporated by reference the entire
standard for ASME A112.18.1; however, only enumerated provisions of
ASME A112.18.1 apply to this appendix, as follows. In cases in which
there is a conflict, the language of the test procedure in this
appendix takes precedence over the referenced test standard. Treat
precatory language in ASME A112.18.1 as mandatory.
0.1 ASME A112.18.1:
(a) Section 5.4 ``Flow rate,'' including Figure 3 but excluding
Table 1 and excluding sections 5.4.2.3.1(a) and (c), 5.4.2.3.2(b)
and (c), and 5.4.3, as specified in section 2.1 and 2.2 of this
appendix;
(b) Section 5.4.2.2(c), as specified in section 3.1 of this
appendix.
(c) Section 5.4.2.2(d), as specified in sections 2.2 and 3.2 of
this appendix.
0.2 [Reserved]
1. Scope
This appendix covers the test requirements to measure the
hydraulic performance of faucets and showerheads.
2. Flow Capacity Requirements
2.1. Faucets--Measure the water flow rate for faucets, in
gallons per minute (gpm) or liters per minute (L/min), or gallons
per cycle (gal/cycle) or liters per cycle (L/cycle), in accordance
with the test requirements specified in section 5.4, Flow Rate, of
ASME A112.18.1. Record measurements at the resolution of the test
instrumentation. Round each calculation to the same number of
significant digits as the previous step. Round the final water
consumption value to one decimal place for non-metered faucets, or
two decimal places for metered faucets.
2.2. Showerheads--Measure the water flow rate for showerheads,
in gallons per minute (gpm) or liters per minute (L/min), in
accordance with the test requirements specified in section 5.4, Flow
Rate, of ASME A112.18.1. Record measurements at the resolution of
the test instrumentation. Round each calculation to the same number
of significant digits as the previous step. Round the final water
consumption value to one decimal place. If using the time/volume
method of section 5.4.2.2(d), position the container to ensure it
collects all water flowing from the showerhead, including any
leakage from the ball joint.
3. General Instruction for Measuring Flow Rate
3.1. Using the Fluid Meter Method To Measure Flow Rate
When measuring flow rate upstream of a showerhead or faucet
using a fluid meter (or equivalent device) as described in section
5.4.2.2(c) of ASME A112.18.1, ensure the fluid meter (or equivalent
device) meets the following additional requirements. First, ensure
the fluid meter is rated for the flow rate range of the product
being tested. Second, when testing showerheads or non-metering
faucets, ensure that the fluid meter has a resolution for flow rate
of at least 0.1 gallons (0.4 liters) per minute. When testing a
metering faucet, ensure that the fluid meter has a resolution for
flow rate of at least 0.01 gallons (0.04 liters) per minute. Third,
verify the fluid meter is calibrated in accordance with the
manufacturer printed instructions.
3.2. Using the Time/Volume Method To Measure Flow Rate
There are several additional requirements when measuring flow
rate downstream of a showerhead or faucet as described in section
5.4.2.2(d) of ASME A112.18.1 to measure flow rate. First, ensure the
receiving container is large enough to contain all the water for a
single test and has an opening size and/or a partial cover such that
loss of water from splashing is minimized. Second, conduct the time/
volume test for at least one minute, with the time recorded via a
stopwatch with at least 0.1-second resolution. Third, measure and
record the temperature of the water using a thermocouple or other
similar device either at the receiving container immediately after
recording the mass of water, or at the water in the supply line
anytime during the duration of the time/volume test. Fourth, measure
the mass of water to a resolution of at least 0.01 lb. (0.005 kg)
and normalize it to gallons based on the specific gravity of water
at the recorded temperature.
[FR Doc. 2023-10847 Filed 5-23-23; 8:45 am]
BILLING CODE 6450-01-P