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Federal Register / Vol. 86, No. 96 / Thursday, May 20, 2021 / Proposed Rules pressures and flow rates for typical CPSV applications to determine the representative water pressure for testing commercial prerinse spray valves. The report concluded that although the flow rate of CPSVs can vary by almost 40
percent when the water pressure changes from the analyzed range of 40
psi to 80 psi, the weighted average flow rate for CPSVs installed with varying supply pressures results in a 5-percent decrease in flow rate as compared to the flow rate of a CPSV installed with a water pressure of 60 psi. Docket No.
EERE2014BTTP00550008 at p. 4
5 Accordingly, DOE determined that 60
psi is sufficiently representative of the water pressures CPSVs will experience in the field. Id.
While CA IOUs and NEEA
recommended updating the test pressure to 40 psi, neither provided any data to suggest 40 psi would be more representative of an average use than 60
psi. Rather, DOE understands that CA
IOUs and NEEA recommended a change in test pressure to resolve concerns regarding consumer satisfaction and consumer utility primarily for low-flow CPSVs, especially at the lower end of the water pressure range. However, as noted previously, water pressure can vary based on the site of installation of CPSV. Testing a CPSV using a water pressure that represents the average of a range of typical water pressures provides a more representative result than testing at a single water pressure at one end of the range i.e., a lowest water pressure.
DOE did not receive any other comment or data suggesting a different test pressure than 60 psi that is more representative of an average use cycle.
As discussed previously, the requirement in 10 CFR 431.264 to test at 60 2 psi is based on ASTM F2324
13, which is an industry consensus standard. The ASTM industryconsensus process includes input from a wide variety of national stakeholders.
For all the reasons DOE discussed in this section, DOE proposes to maintain the current test pressure of 60 2 psi.
DOE requests additional data on water pressure for commercial kitchens across the U.S.
D. Test Procedures Costs, Harmonization and Other Topics 1. Test Procedure Cost and Impact In this NOPR, DOE proposes to amend the existing test procedure for CPSVs by revising the definition of CPSV to clarify the scope and updating the existing references to the reaffirmed industry standard. DOE does not anticipate that the amendments proposed would
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impact test costs because DOE has tentatively determined that the proposed amendments would not be unduly burdensome for manufacturers to conduct and would not result in any additional cost.
DOE proposes to amend the CPSV
definition by codifying in the CFR
existing guidance on the application of the current definition. By codifying the guidance, manufacturers would have further certainty as to the application of the definition. This proposal would not change the scope of the definition.
Currently, DOEs test procedure for CPSVs at 10 CFR 431.263 incorporates by reference ASTM F232413. In this NOPR, DOE proposes to amend the existing test procedure for CPSVs by incorporating by reference the reaffirmed version of the industry standard, ASTM F232413 2019.
Incorporations of the reaffirmed industry standard would harmonize DOEs test procedures with the current industry practice.
DOE has tentatively determined that manufacturers would be able to rely on data generated under the current test procedure when certifying CPSVs to DOE should any of these additional proposed amendments be finalized.
DOE requests comment on its initial determination that manufacturers would not incur any additional testing costs solely due to the proposed amendments.
2. Harmonization With Industry Standards DOEs established practice is to adopt relevant industry standards as DOE test procedures unless such methodology would be unduly burdensome to conduct or would not produce test results that reflect the energy efficiency, energy use, water use as specified in EPCA or estimated operating costs of that product during a representative average use cycle or period of use. 42
U.S.C. 6293b34; 10 CFR 431.4 and sec. 8c of appendix A to subpart C of part 430. In cases where the industry standard does not meet EPCA statutory criteria for test procedures, DOE will make modifications through the rulemaking process to these standards in order to adopt them as the DOE test procedure.9
The test procedures for CPSVs at 10
CFR 431.264 incorporates by reference ASTM F232413. DOE noted in the December 2015 Final Rule that there were some inconsistencies and sources of ambiguity in the industry standard and therefore adopted several 9 On April 12, 2021, DOE published a NOPR
which proposed revisions to 10 CFR part 430
subpart C appendix A. 86 FR 18901.

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clarifications of minor issues regarding the terminology used into DOEs test procedure at 10 CFR 431.264 to improve the repeatability and consistency of the test procedure. 80 FR 81441, 81447.
DOE has not proposed any updates to the clarifying language that was adopted in the December 2015 Final Rule. The industry standard DOE proposes to incorporate by reference via amendments described in this document is discussed in further detail in section III.B. DOE requests comments on the benefits and burdens of the proposed update and existing additions to the industry standard referenced in the test procedure for CPSVs.
DOE notes that the reaffirmed industry standard does not make any changes to the previous industry standard. DOE is not aware of any other industry test procedures relevant to CPSVs.
E. Compliance Date EPCA prescribes that, if DOE amends a test procedure, all representations of energy efficiency and energy use, including those made on marketing materials and product labels, must be made in accordance with that amended test procedure, beginning 180 days after publication of such a test procedure final rule in the Federal Register. 42
U.S.C. 6293c2
If DOE were to publish an amended test procedure, EPCA provides an allowance for individual manufacturers to petition DOE for an extension of the 180-day period if the manufacturer may experience undue hardship in meeting the deadline. 42 U.S.C. 6293c3 To receive such an extension, petitions must be filed with DOE no later than 60
days before the end of the 180-day period and must detail how the manufacturer will experience undue hardship. Id.
IV. Procedural Issues and Regulatory Review A. Review Under Executive Order 12866
The Office of Management and Budget OMB has determined that this test procedure rulemaking does not constitute 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 not subject to review under the Executive Order by the Office of Information and Regulatory Affairs OIRA in OMB.
B. Review Under the Regulatory Flexibility Act The Regulatory Flexibility Act 5
U.S.C. 601 et seq. requires preparation
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