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Federal Register / Vol. 86, No. 96 / Thursday, May 20, 2021 / Proposed Rules 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.
DOE is publishing this notice of proposed rulemaking NOPR in satisfaction of these requirements under EPCA. 42 U.S.C. 6293b1A and b8B
B. Background DOEs current test procedures for water closets and urinals are found in 10 CFR 430.23u and v, respectively, and Appendix T.
DOE last amended the test procedures for water closets and urinals on October 23, 2013, October 2013 final rule. 78
FR 62970. In the October 2013 final rule, DOE incorporated by reference ASME A112.19.22008, Ceramic Plumbing Fixtures, including Update
No. 1, dated August 2009, and Update No. 2, dated March 2011 ASME
A112.19.2 2008. ASME A112.19.2
2008 is a consolidation and revision of several ASME test methods, including a revised version of the test method previously incorporated by reference, ASME A112.19.61995, and, for purposes of testing water closets and urinals, is the successor standard to the ASME A112.19.61990 standard required by EPCA. 42 U.S.C.
6293b8A
In July 2013, ASME revised ASME
A112.19.22008 by issuing ASME
A112.19.22013, Ceramic Plumbing Fixtures ASME A112.19.22013. In October 2013, ASME published Update 1 for ASME A112.19.22013 ASME
A112.19.22013 Update 1. Because of the timing of the issuance of ASME
A112.19.22013 in July 2013, and ASME A112.19.22013 Update 1 in October 2013, DOE did not incorporate either 2013 version of the industry standard in the October 2013 final rule.
78 FR 62970, 62977.
In July 2018, ASME revised ASME
A112.19.22013 by publishing ASME
A112.19.22018, followed by the
addition of an errata sheet in October 2018 ASME A112.19.22018 refers to both the original document and the October 2018 errata sheet. ASME
A112.19.22018 does not contain any substantive differences compared to ASME A112.19.22013 regarding the test apparatus and instructions for testing water closets and urinals, and the test method for water consumption see section III.B for further discussion.
On August 5, 2019, DOE published a request for information August 2019
RFI pertaining to the test procedures for water closets and urinals. 84 FR
37970. In the August 2019 RFI, DOE
solicited public comments, data, and information on all aspects of, and any issues or problems with, the existing DOE test procedures for water closets and urinals, including on any needed updates or revisions. Specifically, DOE
requested comment on whether to conform the test procedures to ASME
A112.19.22018, including updates to terms and definitions, figures, and tables. Id. DOE received four comments in response to the August 2019 RFI from the interested parties listed in Table I.1.5

TABLE I.1WRITTEN COMMENTS RECEIVED IN RESPONSE TO AUGUST 2019 RFI
Commenter
Reference in this NOPR

California Investor Owned Utilities
Cooper Reaves
Natural Resources Defense Council, Appliance Standards Awareness Project.
Plumbing Manufacturers International

CA IOUs
Reaves
NRDC and ASAP

II. Synopsis of the Notice of Proposed Rulemaking In this NOPR, DOE proposes to update 10 CFR 430.2 Definitions, 10
CFR 430.3 Materials Incorporated by Reference, and Appendix T as follows:

Categorization
PMI

1 Incorporate by reference ASME
A112.19.22018, Ceramic plumbing fixtures;
2 Replace the current term blowout toilet with blowout bowl water closet; and 3 Add terms and corresponding definitions for blowout action, gravity flush tank water closet,
Utility Companies.
Member of the Public.
Efficiency Advocacy tions.
Trade Association.

Organiza-

siphonic action, siphonic bowl, and trough-type urinal.
DOEs proposed actions are summarized in Table II1, which provides a comparison of each proposed change to the current test procedures, as well as the rationale for the proposed change.

TABLE II1SUMMARY OF PROPOSED CHANGES TO THE TEST PROCEDURES RELATIVE TO THE CURRENT TEST
PROCEDURES
Current DOE test procedures
Proposed test procedures
Attribution
Incorporates the 2008 version of ASME A112.19.2 for measurement of water consumption.
References and defines the term blowout toilet.

Incorporates the 2018 version of ASME A112.19.2

Industry TP update to ASME A112.19.22018.
Clarifies and harmonizes terms and definitions with ASME A112.19.22018.

regulations, DOE now provides a 60-day public comment period for test procedure NOPRs.

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Defines the term blowout bowl, and references the term blowout bowl water closet in lieu of blowout toilet. Defines the term blowout action, which is included within the proposed definition of blowout bowl.

5 Comments provided in the docket are available at https www.regulations.gov/docket?D=EERE2017-BT-TP-0028.

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