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Federal Register / Vol. 86, No. 96 / Thursday, May 20, 2021 / Proposed Rules
spray valves under 42 U.S.C. 629133, the test procedure under 42 U.S.C.
6293b14, and energy conservation standards for flow rate under 42 U.S.C.
6295dd.
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 Federal testing requirements consist of test procedures that manufacturers of covered products must use as the basis for: 1 Certifying to DOE that their products comply with the applicable energy conservation standards adopted pursuant to EPCA 42
U.S.C. 6295s, and 2 Making representations about the efficiency of those consumer products 42 U.S.C.
6293c. Similarly, DOE must use these test procedures to determine whether the products comply with relevant standards promulgated under EPCA. 42
U.S.C. 6295s 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. 6297d Under 42 U.S.C. 6293, EPCA sets forth the criteria and procedures DOE must follow when prescribing or amending test procedures for covered products.
EPCA requires that any test procedures
prescribed or amended under this section be reasonably designed to produce test results which measure energy efficiency, energy use or estimated annual operating cost of a covered product during a representative average use cycle or period of use and not be unduly burdensome to conduct.
42 U.S.C. 6293b3
With respect to CPSVs, EPCA requires DOE to use ASTM Standard F2324
ASTM F2324 as the basis for the test procedure for measuring flow rate. 42
U.S.C. 6293b14
Further, EPCA requires that, at least once every 7 years, DOE evaluate test procedures for each type of covered product, including CPSVs, 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, and estimated operating costs during a representative average use cycle or period of use. 42 U.S.C.
6293b1A
If the Secretary determines, on his own behalf or in response to a petition by any interested person, that a test procedure should be prescribed or amended, the Secretary shall promptly publish in the Federal Register proposed test procedures and afford interested persons an opportunity to present oral and written data, views, and arguments with respect to such procedures. 42 U.S.C. 6293b2 The comment period on a proposed rule to amend a test procedure shall be at least 60 days and may not exceed 270
days.4 Id. In prescribing or amending a test procedure, the Secretary shall take into account such information as the Secretary determines relevant to such procedure, including technological developments relating to energy use or energy efficiency of the type or class
of covered products involved. Id. If DOE
determines that test procedure revisions are not appropriate, DOE must publish its determination not to amend the test procedures. DOE is publishing this notice of proposed rulemaking NOPR in satisfaction of the 7-year review requirement specified in EPCA.
42 U.S.C. 6293b1A
B. Background DOEs existing test procedures for CPSVs appear at 10 CFR part 431, subpart O. DOE most recently amended the test procedure for CPSVs in a final rule published December 30, 2015, in which DOE incorporated by reference the 2013 version of ASTM F2324
ASTM F232413. 80 FR 81441
December 2015 Final Rule. Also during the December 2015 Final Rule, DOE revised the definition of commercial prerinse spray valve, made minor adjustments to the DOE
flow rate test method, and included a definition of spray force as well as added a test method for measuring the spray force of CPSVs. In 2019, ASTM
reaffirmed the 2013 standard ASTM
F232413 2019. The 2019 version contains no changes from the 2013
version.
On June 5, 2020, DOE published a request for information soliciting public comment and data on all aspects of the existing DOE test procedure for CPSVs, including 1 the scope and definition of the test procedure, 2 incorporation of the reaffirmed industry standard, and 3 the representativeness of the test water pressure. 85 FR 34541 June 2020 RFI. DOE also received a comment requesting an extension of the original comment period and on July 21, 2020, DOE reopened the comment period for an additional 30 days to close on August 20, 2020. 85 FR 44026.
DOE received comments in response to the June 2020 RFI from the interested parties listed in Table I.1.

TABLE I.1WRITTEN COMMENTS RECEIVED IN RESPONSE TO JUNE 2020 RFI
Organizations
Reference in this NOPR

Plumbing Manufacturers Inc
Pacific Gas and Electric Company PG&E, San Diego Gas and Electric SDG&E, and Southern California Edison SCE.
Northwest Energy Efficiency Alliance

PMI
CA IOUs

Trade Association.
Utilities.

NEEA

Efficiency Organization.

4 DOE has historically provided a 75-day comment period for test procedure NOPRs, consistent with the comment period requirement for technical regulations in the North American Free Trade Agreement, U.S.-Canada-Mexico NAFTA, Dec. 17, 1992, 32 I.L.M. 289 1993; the North American Free Trade Agreement Implementation Act, Pub. L. 103182, 107 Stat.

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2057 1993 codified as amended at 10 U.S.C.A.
2576 1993 NAFTA Implementation Act; and Executive Order 12889, Implementation of the North American Free Trade Agreement, 58 FR
69681 Dec. 30, 1993. However, Congress repealed the NAFTA Implementation Act and has replaced NAFTA with the Agreement between the United States of America, the United Mexican States, and
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the United Canadian States USMCA, Nov. 30, 2018, 134 Stat. 11, thereby rendering E.O. 12889
inoperable. Consequently, since the USMCA is consistent with EPCAs public comment period requirements and normally requires only a minimum comment period of 60 days for technical regulations, DOE now provides a 60-day public comment period for test procedure NOPRs.

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