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Federal Register / Vol. 86, No. 168 / Thursday, September 2, 2021 / Proposed Rules
amended test procedure. If DOE were to make an initial determination that an amended test procedure would more accurately or fully comply with statutory requirements, or DOEs analysis were to be inconclusive, DOE
would undertake a rulemaking to issue an amended the test procedure. If, however, DOE were to make an initial determination based upon available evidence that an amended test procedure would not meet the applicable statutory criteria, DOE would engage in notice and comment rulemaking before issuing a final determination that an amended test procedure is not warranted.
A. Authority and Background
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The Energy Policy and Conservation Act of 1975, as amended EPCA 1, among other things, authorizes DOE to regulate the energy efficiency or water use of a number of consumer products and industrial equipment. 42 U.S.C.
62916317 Title III, Part B 2 of EPCA
establishes the Energy Conservation Program for Consumer Products Other Than Automobiles, which sets forth a variety of provisions designed to improve energy efficiency or water use.
These products include faucets and showerheads, the subjects of this RFI.
42 U.S.C. 6292a15 and 16
The energy conservation program under EPCA consists essentially of four parts: 1 Testing, 2 labeling, 3
Federal energy conservation standards,3
and 4 certification and enforcement procedures. Relevant provisions of the Act specifically include definitions 42
U.S.C. 6291, energy conservation standards 42 U.S.C. 6295, test procedures 42 U.S.C. 6293, labeling provisions 42 U.S.C. 6294, and the authority to require information and reports from manufacturers. 42 U.S.C.
6296
Federal energy efficiency and water use requirements for covered products established under EPCA generally supersede State laws and regulations concerning energy conservation testing, labeling, and standards. 42 U.S.C. 6297
DOE may, however, grant waivers of Federal preemption for particular State laws or regulations, in accordance with the procedures and other provisions of EPCA. 42 U.S.C. 6297d 1 All references to EPCA in this document refer to the statute as amended through the Energy Act of 2020, Public Law 116260 Dec. 27, 2020.
2 For editorial reasons, upon codification in the U.S. Code, Part B was redesignated Part A.
3 The term energy conservation standard includes water use standards for showerheads, faucets, water closets, and urinals. 42 U.S.C.
62916A

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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 water use of those 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 Under 42 U.S.C. 6293, EPCA sets forth the criteria and procedures DOE must follow when prescribing or amending test procedures for covered products.
EPCA requires that any test procedures prescribed or amended under this section be reasonably designed to produce test results which measure energy efficiency, energy use, water use or estimated annual operating cost of a covered product during a representative average use cycle or period of use and not be unduly burdensome to conduct.
42 U.S.C. 6293b3 In addition, if DOE determines that a test procedure amendment is warranted, it must publish proposed test procedures and offer the public an opportunity to present oral and written comments on them. 42 U.S.C. 6293b2
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 A112.18.1M1989, Plumbing Fixture Fittings. 42 U.S.C. 6293b7A
EPCA further directs that, if the test procedure requirements of ASME
A112.18.1M1989 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. 6293b7B; 42
U.S.C. 6293b3
EPCA also requires that, at least once every 7 years, DOE evaluate test procedures for each type of covered product, including faucets and showerheads, to determine whether amended test procedures would more accurately or fully comply with the requirements for the test procedures to be reasonably designed to produce test results that reflect water use and
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estimated operating costs during a representative average use cycle or period of use and not to be unduly burdensome to conduct. 42 U.S.C.
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.
Id. In prescribing or amending a test procedure, the Secretary shall take into account such information as the Secretary determines relevant to such procedure, including technological developments relating to energy or water use or energy efficiency of the type or class of covered products involved. Id. If DOE determines that test procedure revisions are not appropriate, DOE must publish its determination not to amend the test procedures.
DOEs test procedures for faucets and showerheads are prescribed at 10 CFR
430.23s and t, respectively, and 10
CFR part 430 subpart B appendix S
Appendix S. In addition, DOE
regulations reiterate statutory standards for faucets and showerheads. 10 CFR
430.32o and p. DOE is publishing this RFI to collect data and information to inform its decision in response to revisions to the ASME standard and pursuant to the 7-year review requirement specified in EPCA. 42
U.S.C. 6293b1A and 42 U.S.C.
6293b7B
B. Rulemaking History DOEs current test procedures for faucets and showerheads are codified at 10 CFR 430.23s and t, respectively, and Appendix S. DOE initially established test procedures for faucets and showerheads in a final rule published on March 18, 1998, which referenced ASME A112.18.1M1989, Plumbing Fixture Fittings, incorporated by reference into 10 CFR
part 430, then the most recent revision of that industry standard. 63 FR 13308.
DOE last amended the test procedures for faucets and showerheads on October 23, 2013 October 2013 Final Rule.
78 FR 62970. In that final rule, DOE
incorporated by reference ASME
A112.18.12012, Plumbing Supply Fixtures as part of the test procedures for faucets and showerheads. 78 FR
62970, 62982. Since then, the 2012
version of the ASME standard was re-

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