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Federal Register / Vol. 86, No. 96 / Thursday, May 20, 2021 / Proposed Rules K. Review Under Executive Order 13211
Executive Order 13211, Actions Concerning Regulations That Significantly Affect Energy Supply, Distribution, or Use, 66 FR 28355 May 22, 2001, requires Federal agencies to prepare and submit to OMB, a Statement of Energy Effects for any proposed significant energy action. A
significant energy action is defined as any action by an agency that promulgated or is expected to lead to promulgation of a final rule, and that 1
is a significant regulatory action under Executive Order 12866, or any successor order; and 2 is likely to have a significant adverse effect on the supply, distribution, or use of energy; or 3 is designated by the Administrator of OIRA as a significant energy action. For any proposed significant energy action, the agency must give a detailed statement of any adverse effects on energy supply, distribution, or use should the proposal be implemented, and of reasonable alternatives to the action and their expected benefits on energy supply, distribution, and use.
The proposed regulatory action to amend the test procedure for measuring the water use of water closets and urinals is not a significant regulatory action under Executive Order 12866.
Moreover, it would not have a significant adverse effect on the supply, distribution, or use of energy, nor has it been designated as a significant energy action by the Administrator of OIRA.
Therefore, it is not a significant energy action and, accordingly, DOE has not prepared a Statement of Energy Effects.
L. Review Under Section 32 of the Federal Energy Administration Act of 1974
Under section 301 of the Department of Energy Organization Act Pub. L. 95
91; 42 U.S.C. 7101, DOE must comply with section 32 of the Federal Energy Administration Act of 1974, as amended by the Federal Energy Administration Authorization Act of 1977. 15 U.S.C.
788; FEAA Section 32 essentially provides in relevant part that, where a proposed rule authorizes or requires use of commercial standards, the notice of proposed rulemaking must inform the public of the use and background of such standards. In addition, section 32c requires DOE to consult with the Attorney General and the Chairman of the Federal Trade Commission FTC
concerning the impact of the commercial or industry standards on competition.
The proposed modifications to the test procedure for water closets and urinals would incorporate testing
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methods contained in certain sections of the following commercial standard:
ASME A112.19.22018. DOE has evaluated this standard and is unable to conclude whether it fully complies with the requirements of section 32b of the FEAA i.e., whether it was developed in a manner that fully provides for public participation, comment, and review.
DOE will consult with both the Attorney General and the Chairman of the FTC
concerning the impact of these test procedures on competition, prior to prescribing a final rule.
M. Description of Materials Incorporated by Reference In this NOPR, DOE proposes to incorporate by reference the test standard jointly published by the American Society of Mechanical Engineers ASME and the Canadian Standards Association CSA Group titled ASME A112.19.22018. ASME
A112.19.22018 is an industry-accepted test procedure that measures water consumption for water closets and urinals, and is applicable to products sold in North America. The test procedure proposed in this NOPR
references various sections of ASME
A112.19.22018 that address test setup, apparatus, test conduct, and calculations. These sections of ASME
A112.19.22018 are Section 7.1
General, Section 7.1.1 All tests, Section 7.1.2 Gravity flush tank water closets, Section 7.1.3 Flushometer tank, electro-hydraulic, or other pressurized flushing device water closets, Section 7.1.4 Flushometer valve water closets, Section 7.1.5
Procedures for standardizing the water supply system, Section 7.3 Water consumption test, Section 7.3.3
Procedure, Section 7.3.5
Performance, Section 8.2 Test apparatus and general instructions, Section 8.2.1, Section 8.2.2, and Section 8.2.3, Section 8.6 Water Consumption Test, Section 8.6.4 Performance, Table 5 Static test pressures for water closets, kPa psi, and Table 6 Static test pressures for urinals, kPa psi.
Copies of ASME Standard A112.19.2
2018 may be purchased from the ASME
at Two Park Avenue, New York, NY
10016, or by going to https
www.asme.org/codes-standards/findcodes-standards/a112-19-2-csa-b45-1ceramic-plumbing-fixtures?productKey=
J0121TM1:J0121TM1.
V. Public Participation A. Participation in the Webinar The time and date webinar are listed in the DATES section at the beginning of this document. If no participants
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register for the webinar, it will be cancelled. Webinar registration information, participant instructions, and information about the capabilities available to webinar participants will be published on DOEs website: https
cms.doe.gov/eere/buildings/publicmeetings-and-comment-deadlines.
Participants are responsible for ensuring their systems are compatible with the webinar software.
Additionally, you may request an inperson meeting to be held prior to the close of the request period provided in the DATES section of this document.
Requests for an in-person meeting may be made by contacting Appliance and Equipment Standards Program staff at 202 2871445 or by email: Appliance_
Standards_Public_Meetings@ee.doe.gov.
B. Submission of Comments DOE will accept comments, data, and information regarding this proposed rule no later than the date provided in the DATES section at the beginning of this proposed rule. Interested parties may submit comments using any of the methods described in the ADDRESSES
section at the beginning of this document.
Submitting comments via www.regulations.gov. The www.regulations.gov web page will require you to provide your name and contact information. Your contact information will be viewable to DOE
Building Technologies staff only. Your contact information will not be publicly viewable except for your first and last names, organization name if any, and submitter representative name if any.
If your comment is not processed properly because of technical difficulties, DOE will use this information to contact you. If DOE
cannot read your comment due to technical difficulties and cannot contact you for clarification, DOE may not be able to consider your comment.
However, your contact information will be publicly viewable if you include it in the comment or in any documents attached to your comment. Any information that you do not want to be publicly viewable should not be included in your comment, nor in any document attached to your comment.
Persons viewing comments will see only first and last names, organization names, correspondence containing comments, and any documents submitted with the comments.
Do not submit to www.regulations.gov information for which disclosure is restricted by statute, such as trade secrets and commercial or financial information hereinafter referred to as Confidential Business Information
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