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Federal Register / Vol. 86, No. 96 / Thursday, May 20, 2021 / Proposed Rules 21 DOE requests comment on its understanding that there will be no impact or costs to water closet and urinal manufacturers under the proposed amendments.
22 DOE requests comment on the benefits and burdens of the proposed updates and additions to industry standards referenced in the DOE test procedure for water closets and urinals.
23 DOE seeks further comment on the degree to which the DOE should consider harmonizing Appendix T with the most recent relevant industry standard for water closets and urinals, and whether there are any changes to the Federal test method that would produce test results that provide additional benefits to the public as compared to the current DOE test procedure or the relevant industry standard. DOE also requests comment on the benefits and burdens of, or any other comments regarding, adopting any industry/voluntary consensus-based or other appropriate test procedure, without modification.
VI. Approval of the Office of the Secretary The Secretary of Energy has approved publication of this proposed rule.

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 2, 2021, by Kelly Speakes-Backman, Principal Deputy Assistant Secretary and Acting Assistant Secretary for Energy Efficiency and Renewable Energy, pursuant to delegated authority from the Secretary of Energy. That document with the original signature and date is maintained by DOE. For administrative purposes only, and in compliance with requirements of the Office of the Federal Register, the undersigned DOE Federal Register Liaison Officer has been authorized to sign and submit the document in electronic format for publication, as an official document of the Department of Energy. This administrative process in no way alters the legal effect of this document upon publication in the Federal Register.

16:57 May 19, 2021

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For the reasons stated in the preamble, DOE is proposing to amend part 430 of Chapter II of Title 10, Code of Federal Regulations as set forth below:
PART 430ENERGY CONSERVATION
PROGRAM FOR CONSUMER
PRODUCTS
1. The authority citation for part 430
continues to read as follows:

Authority: 42 U.S.C. 62916309; 28 U.S.C.
2461 note.

2. Section 430.2 is amended by:
a. Removing the definition for Blowout toilet;
b. Removing Electromechanical hydraulic toilet and adding in its place, Electromechanical hydraulic water closet; and c. Adding in alphabetical order, definitions for, Blowout action, Blowout bowl, Gravity flush tank water closet, Siphonic action, Siphonic bowl, and Trough-type urinal.
The additions read as follows:

430.2

Definitions.

List of Subjects in 10 CFR Part 430

VerDate Sep<11>2014

Signed in Washington, DC, on May 4, 2021.
Treena V. Garrett, Federal Register Liaison Officer, U.S.
Department of Energy.

Blowout action means a means of flushing a water closet whereby a jet of water directed at the bowl outlet opening pushes the bowl contents into the upleg, over the weir, and into the gravity drainage system.
Blowout bowl means a non-siphonic water closet bowl with an integral flushing rim, a trap at the rear of the bowl, and a visible or concealed jet that operates with a blowout action.

Electromechanical hydraulic water closet means any water closet that utilizes electrically operated devices, such as, but not limited to, air compressors, pumps, solenoids, motors, or macerators in place of or to aid gravity in evacuating waste from the toilet bowl.

Gravity flush tank water closet means a water closet designed to flush the bowl with water supplied by gravity only.

Siphonic action means the movement of water through a flushing fixture by creating a siphon to remove waste material.
Siphonic bowl means a water closet bowl that has an integral flushing rim, a trap at the front or rear, and a floor or
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wall outlet, and operates with a siphonic action with or without a jet.

Trough-type urinal means a urinal designed for simultaneous use by two or more people.

3. Section 430.3 is amended by adding paragraph h3 to read as follows:
430.3 Materials incorporated by reference.

h
3 ASME A112.19.22018/CSA
B45.118, ASME A112.19.22018, Ceramic plumbing fixtures, approved 2018, IBR approved for appendix T to subpart B.

4. Section 430.23 is amended by revising paragraphs u and v to read as follows:
430.23 Test procedures for the measurement of energy and water consumption.

u Water closets. The water use for water closets, expressed in gallons and liters per flush gpf and Lpf, shall be measured in accordance to section 3a of appendix T of this subpart.
v Urinals. The water use for urinals, expressed in gallons and liters per flush gpf and Lpf, shall be measured in accordance to section 3b of appendix T of this subpart.

5. Appendix T to subpart B of part 430
is revised to read as follows:
Appendix T to Subpart B of Part 430
Uniform Test Method for Measuring the Water Consumption of Water Closets and Urinals Note: After date 180 days after date of publication of water closets and urinals test procedure final rule, representations made with respect to the water consumption of water closets or urinals must fairly disclose the results of testing pursuant to this appendix.
On or after date 30 days after date of publication of water closets and urinals test procedure final rule and prior to date 180
days after date of publication of water closets and urinals test procedure final rule representations, including compliance certifications, made with respect to the water consumption of water closets or urinals must fairly disclose the results of testing pursuant to either this appendix as it appeared at 10
CFR part 430, subpart B, in the 10 CFR parts 200 to 499 edition revised as of January 1, 2014. Representations made with respect to the water consumption of water closets or urinals tested within that range of time must fairly disclose the results of testing under the selected version. Given that after date 180
days after date of publication of water closets
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