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Federal Register / Vol. 86, No. 241 / Monday, December 20, 2021 / Rules and Regulations
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excluded from meeting the 2.5 gpm standard. Joint Advocates, No. 23 at p. 2 ASAP also stated that the definition of body spray would result in a loophole since a body spray could be installed in pretty much any orientation. ASAP, Public Meeting Transcript at p. 6
Commenters also discussed the impacts of the current body spray definition on energy and water conservation. CEC also stated that by realigning its definition with the October 2013 Final Rule, DOE will reduce confusion and uncertainty in the market, resulting in energy and water conservation nationwide. CEC, No. 19
at p. 4 The Joint Advocates explained that the current definition of body spray has the potential to result in excessive water use by allowing products that meet this definition to be exempt from any energy conservation standards. Joint Advocates, No. 23 at p. 2
As described in the July 2021 NOPR
and reiterated by commenters in response to the July 2021 NOPR, industry standards and the marketplace treat showerheads and body sprays similarly with the only difference being in the installation location. Further, DOE continues to agree with the commenters concerns about the increased water and energy use of the existing definition of body spray.
Having considered the comments received and based on the discussion presented in the preceding paragraphs and in July 2021 NOPR, DOE is withdrawing the current definition of body spray.
C. Safety Shower Showerhead In the December 2020 Final Rule, DOE established a definition for the term safety shower showerhead. 85
FR 81341, 81351. Specifically, DOE
defined safety shower showerhead to mean a showerhead designed to meet the requirements of ANSI/ISEA Z358.1
incorporated by reference, see 430.3. 85 FR 81341, 81352; see also 10 CFR 430.2.
In the July 2021 NOPR, DOE did not propose to amend the definition of safety shower showerhead and continued to find that leaving the scope of products not subject to EPCAs energy conservation standard undefined causes confusion and is inappropriate. 86 FR
38594, 38603. Further, DOE continued to find that: What is meant by a safety shower showerhead or emergency shower is understood in the regulated industry; that it is unlikely that manufacturers of showerheads intended for use by residential consumers would design a showerhead to meet the
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specifications of the ANSI standard in order to avoid compliance with DOE
standards; and that the definition and performance criteria in the definition of safety shower showerhead addressed concerns noted by the commenters in the 2020 rulemaking and distinguish a showerhead from a safety shower showerhead. Id. at 86 FR 3860338604.
Accordingly, DOE tentatively determined that retaining the definition of safety shower showerhead was necessary and appropriate. Id. at 86 FR
38604.
In response to the July 2021 NOPR, DOE received comments expressing support for maintaining its definition of a safety shower showerhead as codified by the 2020 Final Rule from CA
IOUs, CEC, ASAP, AWE et al., and PMI.
CA IOUs, No. 20 at p. 1; CEC, No. 19
at p. 4; ASAP, Public Meeting Transcript at p.4; AWE et al., No. 21 at p. 3; PMI, No. 22 at p. 2; PMI, Public Meeting Transcript at p. 6 Hekstra requested that there is a definition of safety shower showerhead. Hekstra explained that a manufacturer cannot ensure they are within or without the exception of a safety shower showerhead if they do not know what one is. Hekstra, No. 17 Glucksman asked whether the definition of showerhead applies to work and eye wash safety stations or if the July 2021
NOPR applies only to consumer-based showers. Glucksman, No. 06 at p. 1
CEC supported the retention of the definition of safety shower showerheads, but commented that that the definition for safety shower showerheads presents a potential loophole in that the ANSI/ISEA Z358.1
2014 specifications do not prohibit these devices from operating in a partially on state, and therefore manufacturers could develop products that meet the requirements of ANSI/
ISEA Z358.12014, but that could also operate in a partially on state that resembles a non-compliant showerhead.
CEC, No. 19 at p. 4 CEC stated that it has not identified any such products on the market, but CEC recommended that DOE monitor sales to ensure manufacturers are not exploiting this potential loophole and consider amendments to the definition. Id. The Joint Advocates recommended that DOE
further improve the definition of safety shower showerhead to eliminate the possibility of circumvention of federal water efficiency requirements by exploiting perceived ambiguities in the federal definition of showerhead. The Joint Advocates commented future products could conceivably be designed to both meet the ANSI/ISEA standards requirements and be capable of
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providing a shower for bathing at flow rates well above the federal standard.
Joint Advocates, No. 23 at p. 2 The Joint Advocates recommended that DOE
require that safety shower showerheads both meet the ANSI/ISEA standards requirements and also be designed and marketed exclusively for emergency shower applications. Id.
The comments by Glucksman and Hekstra illustrated the continuing need to have a definition for the term safety shower showerhead. Consistent with the CEC and the Joint Advocates observations, DOE is not aware of products on the market certified to ANSI/ISEA Z358.12014 that allow for operation at a reduced flowrate appropriate for normal bathing. Section 4.2 of ANSI/ISEA Z358.12014 specifies that the valve for a safety shower showerhead shall be simple to operate and shall go from off to on in 1
second or less. The specification for the off to on operation of the valve makes it unlikely that a value with an intermediate setting that provides reduced flow i.e., reducing the flowrate from 20 gpm specified in the industry standard to a flowrate acceptable for normal bathing would comply with the definition of safety shower showerhead. Further, the testing procedures for ANSI/ISEA certification of emergency showers in Section 4.4.1
of ANSI/ISEA Z358.12014 also requires verification that the valve fully opens in one second or less and that it stays open, indicating that valve must be open for the duration of the operation, in turn not allowing for any reduced flow rates. Therefore, DOE
finds it unlikely that manufacturers would introduce safety shower showerheads that allow for operation at a reduced flow due to the risk of inadvertent operation of the product at a reduce flow in an emergency situation.
As such, DOE is not amending the definition of safety shower showerhead.
IV. Procedural Issues and Regulatory Review A. Review Under Executive Order 12866
The Office of Management and Budget OMB has determined that this final rule constitutes a significant regulatory action under section 3f of Executive Order E.O. 12866, Regulatory Planning and Review, 58 FR 51735
Oct. 4, 1993. Accordingly, this action was subject to review under E.O. 12866
by the Office of Information and Regulatory Affairs OIRA at OMB.
This rule provides important benefits to consumers, producers, and society.
Clear definitions, as finalized in this
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