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Federal Register / Vol. 86, No. 96 / Thursday, May 20, 2021 / Proposed Rules A parenthetical reference at the end of a comment quotation or paraphrase provides the location of the item in the public record.5
II. Synopsis of the Notice of Proposed Rulemaking In this NOPR, DOE proposes to update 10 CFR 431.264, Uniform test
method for the measurement of flow rate for commercial prerinse spray valves, as follows:
Amend the CPSV definition to codify existing guidance on the application of the definition; and Incorporate by reference the reaffirmed industry standardASTM

F232413 2019, Standard Test Method for Prerinse Spray Valves.
Table II.1 summarizes DOEs proposed action compared to the current test procedure, as well as the reason for the proposed change.

TABLE II.1SUMMARY OF CHANGES IN PROPOSED TEST PROCEDURE RELATIVE TO CURRENT TEST PROCEDURE
Current DOE test procedure
Proposed test procedure
A commercial prerinse spray valve is defined as a handheld device that has a release-to-close valve and is suitable for removing food residue from food service items before cleaning them in commercial dishwashing or ware washing equipment.

Amends the commercial prerinse spray valves definition to codify existing guidance on the factors DOE considers to determine whether the spray valve meets the suitability requirement in the definition. The proposed amendment does not change the scope of the definition.
References reaffirmed industry standard-ASTM F2324
13 2019.

References the ASTM F232413

DOE has tentatively determined that the proposed amendments described in section III of this document would not alter the measured flow rate or spray force of CPSVs, and that the proposed test procedures would not be unduly burdensome to conduct. Discussion of DOEs proposed actions are addressed in detail in section III of this document.
III. Discussion A. Scope and Definition Commercial prerinse spray valve is defined as a handheld device that has a release-to-close valve and is suitable for removing food residue from food service items before cleaning them in commercial dishwashing or ware washing equipment. 10 CFR 431.262.
In the June 2020 RFI, DOE requested comment as to how manufacturers are currently applying the existing definition and if any modifications to the definition are needed to more appropriately include or exclude products. 85 FR 34541, 34543.
In response to the June 2020 RFI, PMI
commented that manufacturers are applying the current definition to CPSVs distributed and sold as part of a unit e.g., included with a wall mount, hose, overhead spring, etc. and separately, typically as a replacement to a unit. PMI No. 5 at p. 3 NEEA
recommended that DOE review the definition to ensure that manufacturers and market actors are clear on which products must comply. NEEA stated that many valves on the market appear 5 The parenthetical reference provides a reference for information located in the docket of DOEs rulemaking to develop test procedures for CPSVs.
Docket No. EERE2019BTTP0025, which is maintained at www.regulations.gov/
!docketDetail;D= EERE2019BTTP0025. The
VerDate Sep<11>2014

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Attribution Clarification of scope.

Industry TP Reaffirmed in 2019.

to meet the definition of CPSV but have flow rates above the energy conservation standard. NEEA, No. 6 at p. 1
Specifically, NEEA referenced comments it submitted in response to an energy conservation standards RFI, regarding CPSVs 6 in which NEEA
identified products that it stated appear to meet the definition of CPSV, but have represented flowrates above the current CPSV standard and/or are not included in DOEs Compliance Certification Management System. 85 FR 35383 June 10, 2020 NEEA, No. 6 at p. 1, referencing Docket No. EERE2019BT
STD00340007 at p. 2 NEEA
recommended that DOE conduct an investigation to ensure all products on the market comply with the standard.
NEEA, No. 6 at p. 1
When surveying the market, DOE
notes that a basic model of CPSVs may include more than one individual CPSV
model. For the purpose of CPSVs, a basic model is defined as all spray settings of a given class manufactured by one manufacturer, which have essentially identical physical and functional or hydraulic characteristics that affect water consumption or water efficiency. 10 CFR 431.262. For each basic model that is subject to an applicable energy conservation standard, manufacturers must submit a certification report to DOE in accordance with the general requirements set out in 10 CFR 429.12
and the requirements specific to CPSVs at 10 CFR 429.51b.

DOE recognizes that representations may be made by third-party retailers and distributers in addition to those by manufacturers. DOE reiterates that EPCA prohibits manufacturers, distributors, retailers, and private labelers of CPSVs from making any representation in writing including a representation on a label or in any broad advertisement, with respect to the energy use or efficiency or water use of a covered product to which a test procedure is applicable, unless such product has been tested in accordance with such test procedure and such representation fairly discloses the results of such testing. 42 U.S.C.
6293c NEEA further stated that if necessary, DOE should also consider revisiting the definition for CPSV to ensure that manufacturers and market actors are clear on which products must comply to avoid non-compliance in the future.
NEEA, No. 6 at p. 1
As explained in the June 2020 RFI
and the December 2015 Final Rule, in determining whether a product is suitable for removing food residue from food service items before cleaning them in commercial dishwashing or ware washing equipment, DOE considers various factors including channels of marketing and sales, product design and descriptions, and actual sales to determine the spray valves actual use in conjunction with commercial dishwashing and ware washing equipment. 85 FR 34541, 34543; 80 FR
81441, 81444. For example, a product
references are arranged as follows: Commenter name, comment docket ID number, page of that document.
6 On June 10, 2020, DOE initiated an early assessment review to determine whether any new
or amended standards would satisfy the relevant requirements of EPCA for a new or amended energy conservation standard for commercial prerinse spray valves. 85 FR 35383 June 2020 ECS RFI.

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