80_FR_72832 80 FR 72608 - Energy Conservation Standards for Commercial Prerinse Spray Valves: Availability of Provisional Analysis Tools

80 FR 72608 - Energy Conservation Standards for Commercial Prerinse Spray Valves: Availability of Provisional Analysis Tools

DEPARTMENT OF ENERGY

Federal Register Volume 80, Issue 224 (November 20, 2015)

Page Range72608-72616
FR Document2015-29676

The U.S. Department of Energy (DOE) is withdrawing and republishing the Notice of Data Availability (NODA) published in the Federal Register on November 12, 2015 (80 FR 69888) due to errors in that published document. DOE is republishing this document in its entirety. DOE published a notice of proposed rulemaking (NOPR) for the commercial prerinse spray valve (CPSV) energy conservation standards rulemaking on July 9, 2015. In response to comments on the NOPR, DOE has revised its analyses. This NODA announces the availability of those updated analyses and results, and gives interested parties an opportunity to comment on these analyses and submit additional data. The NODA analysis is publicly available on the DOE Web site.

Federal Register, Volume 80 Issue 224 (Friday, November 20, 2015)
[Federal Register Volume 80, Number 224 (Friday, November 20, 2015)]
[Proposed Rules]
[Pages 72608-72616]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-29676]


========================================================================
Proposed Rules
                                                Federal Register
________________________________________________________________________

This section of the FEDERAL REGISTER contains notices to the public of 
the proposed issuance of rules and regulations. The purpose of these 
notices is to give interested persons an opportunity to participate in 
the rule making prior to the adoption of the final rules.

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Federal Register / Vol. 80, No. 224 / Friday, November 20, 2015 / 
Proposed Rules

[[Page 72608]]



DEPARTMENT OF ENERGY

10 CFR Parts 429 and 431

[Docket Number EERE-2014-BT-STD-0027]
RIN 1904-AD31


Energy Conservation Standards for Commercial Prerinse Spray 
Valves: Availability of Provisional Analysis Tools

AGENCY: Office of Energy Efficiency and Renewable Energy, Department of 
Energy.

ACTION: Notice of data availability (NODA); withdrawal and 
republication.

-----------------------------------------------------------------------

SUMMARY: The U.S. Department of Energy (DOE) is withdrawing and 
republishing the Notice of Data Availability (NODA) published in the 
Federal Register on November 12, 2015 (80 FR 69888) due to errors in 
that published document. DOE is republishing this document in its 
entirety. DOE published a notice of proposed rulemaking (NOPR) for the 
commercial prerinse spray valve (CPSV) energy conservation standards 
rulemaking on July 9, 2015. In response to comments on the NOPR, DOE 
has revised its analyses. This NODA announces the availability of those 
updated analyses and results, and gives interested parties an 
opportunity to comment on these analyses and submit additional data. 
The NODA analysis is publicly available on the DOE Web site.

DATES: DOE will accept comments, data, and information regarding this 
NODA submitted no later than December 4, 2015. See section IV, ``Public 
Participation,'' for details.

ADDRESSES: Any comments submitted must identify the NODA for Energy 
Conservation Standards for commercial prerinse spray valves, and 
provide docket number EERE-2014-BT-STD-0027 and/or regulatory 
information number (RIN) number 1904-AD31. Comments may be submitted 
using any of the following methods:
    1. Federal eRulemaking Portal: www.regulations.gov. Follow the 
instructions for submitting comments.
    2. Email: SprayValves2014STD0027@ee.doe.gov. Include the docket 
number and/or RIN in the subject line of the message. Submit electronic 
comments in WordPerfect, Microsoft Word, PDF, or ASCII file format, and 
avoid the use of special characters or any form of encryption.
    3. Postal Mail: Ms. Brenda Edwards, U.S. Department of Energy, 
Building Technologies Office, Mailstop EE-5B, 1000 Independence Avenue 
SW., Washington, DC 20585-0121. If possible, please submit all items on 
a CD, in which case it is not necessary to include printed copies.
    4. Hand Delivery/Courier: Ms. Brenda Edwards, U.S. Department of 
Energy, Building Technologies Office, 950 L'Enfant Plaza SW., Suite 
600, Washington, DC 20024. Telephone: (202) 586-2945. If possible, 
please submit all items on a CD, in which case it is not necessary to 
include printed copies.
    No faxes will be accepted. For detailed instructions on submitting 
comments and additional information on the rulemaking process, see 
section IV of this document (``Public Participation'').
    Docket: The docket, which includes Federal Register notices, public 
meeting attendee lists and transcripts, comments, and other supporting 
documents/materials, is available for review at www.regulations.gov. 
All documents in the docket are listed in the www.regulations.gov 
index. However, some documents listed in the index, such as those 
containing information that is exempt from public disclosure, may not 
be publicly available.
    A link to the docket Web page can be found at: 
www1.eere.energy.gov/buildings/appliance_standards/rulemaking.aspx?ruleid=100. This Web page will contain a link to the 
docket for this notice on the www.regulations.gov site. The 
www.regulations.gov Web page will contain simple instructions on how to 
access all documents, including public comments, in the docket. See 
section IV, ``Public Participation,'' for further information on how to 
submit comments through www.regulations.gov.

FOR FURTHER INFORMATION CONTACT: 
Mr. James Raba, U.S. Department of Energy, Office of Energy Efficiency 
and Renewable Energy, Building Technologies Office, EE-5B, 1000 
Independence Avenue SW., Washington, DC 20585-0121. Telephone: (202) 
586-8654. Email: SprayValves2014STD0027@ee.doe.gov.
Mr. Peter Cochran, U.S. Department of Energy, Office of the General 
Counsel, GC-33, 1000 Independence Avenue SW., Washington, DC 20585-
0121. Telephone: (202) 586-9496. Email: Peter.Cochran@hq.doe.gov.
For further information on how to submit a comment, review other public 
comments and the docket, or participate in the public meeting, contact 
Ms. Brenda Edwards at (202) 586-2945 or by email: 
Brenda.Edwards@ee.doe.gov.

SUPPLEMENTARY INFORMATION: 

Table of Contents

I. Background
II. Summary of the Analyses Performed by the Department of Energy
    A. Engineering Analysis
    1. Summary of Engineering Updates for the NODA
    B. Life-Cycle Cost and Payback Period Analysis
    C. National Impact Analysis
    D. Manufacturer Impact Analysis
III. Results of the Economic Analyses
    A. Economic Impacts on Consumers
    B. Economic Impacts on the Nation
    C. Economic Impacts on Manufacturers
IV. Public Participation
    A. Submission of Comments
V. Approval of the Office of the Secretary

I. Background

    DOE published a notice of proposed rulemaking (NOPR) proposing 
amended energy conservation standards for commercial prerinse spray 
valves (CPSVs) on July 9, 2015 (CPSV NOPR). 80 FR 39485. The CPSV NOPR 
proposed new CPSV product classes based on spray force, and presented 
results for the engineering analysis, economic analyses, and proposed 
standard levels. DOE held a public meeting on July 28, 2015 to present 
the CPSV NOPR. At the public meeting, and during the comment period, 
DOE received comments on various aspects of the CPSV NOPR.
    In response to these comments, DOE has revised the analyses 
presented in the CPSV NOPR. This notice of data availability (NODA) 
announces the

[[Page 72609]]

availability of those updated analyses and results and invites 
interested parties to submit comments on these analyses or additional 
data. DOE may further revise the analysis presented in this rulemaking 
based on any new or updated information or data it obtains during the 
course of the rulemaking. DOE encourages stakeholders to provide any 
additional data or information that may improve the analysis.

II. Summary of the Analyses Performed by the Department of Energy

    DOE conducted analyses of commercial prerinse spray valves in the 
following areas: (1) Engineering, (2) manufacturer impacts, (3) life-
cycle cost and payback period, and (4) national impacts. The 
spreadsheet tools used in preparing these analyses are available at: 
http://www.regulations.gov/#!docketDetail;D=EERE-2014-BT-STD-0027. Each 
individual spreadsheet includes an introduction describing the various 
inputs and outputs for the analysis, as well as operation instructions. 
A brief description of each of these analysis tools is provided below. 
The key aspects of the present analyses and DOE's updates to the CPSV 
NOPR analyses are described in the following sections.

A. Engineering Analysis

    The engineering analysis establishes the relationship between the 
manufacturer production cost (MPC) and efficiency levels (ELs) for each 
product class of commercial prerinse spray valves. This relationship 
serves as the basis for cost-benefit calculations performed in the 
other three analysis tools for individual consumers, manufacturers, and 
the nation.
    In the CPSV NOPR, DOE proposed three product classes that were 
delineated by spray force. DOE analyzed several ELs associated with 
specific flow rates for each product class. DOE received feedback from 
interested parties opposing the three product class structure and 
recommending a single product class. (Chicago Faucets, No. 26 at pp. 1-
2; \1\ PMI, No. 27 at p. 1; Fisher, No. 30 at p. 1; ASAP, NEEA, NRDC, 
No. 32 at p. 1; PG&E, SCE, SCGC, SDG&E, No. 34 at p. 1-2; AWE, No. 28 
at p. 7; and T&S Brass, No. 33 at p. 2)
---------------------------------------------------------------------------

    \1\ A notation in this form provides a reference for information 
that is in DOE's rulemaking docket to amend energy conservation 
standards for commercial prerinse spray valves (Docket No. EERE-
2014-BT-STD-0027, which is maintained at www.regulations.gov). This 
particular notation refers to a comment from Chicago Faucets on pp. 
1-2 of document number 6 in the docket.
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    DOE is required by EPCA to consider performance-related features 
that justify different standard levels, such as features affecting 
customer utility, when establishing or amending energy conservation 
standards. 42 U.S.C. 6295(q)) In response to comments from interested 
parties, DOE reviewed the market for commercial prerinse spray valves 
and available data regarding their typical performance and usage 
characteristics in different applications.
    DOE market research shows that commercial prerinse spray valves 
have a range of flow rates, spray forces, and spray shapes. For 
example, manufacturers market commercial prerinse spray valves at lower 
flow rates with specific terminology such as ``ultra-low-flow'' or 
``low-flow'' spray valves, indicating that there are diverse products 
available to satisfy different consumer needs when selecting commercial 
prerinse spray valves. Conversely, for commercial prerinse spray valves 
at higher flow rates, DOE has predominately observed shower-type units. 
Shower-type units contain multiple orifices, as opposed to the more 
traditional, single-orifice CPSV unit. In the CPSV NOPR public meeting, 
T&S Brass stated that consumer satisfaction is very high at the upper 
range of the market flow rate distribution, and that the shower-type 
commercial prerinse spray valves in the upper range of the market flow 
rate distribution represent the majority of the market and highest 
level of customer satisfaction because these units prevent splash-back. 
(T&S, No. 23 at pp. 42-43) T&S Brass also commented that there are 
several applications of commercial prerinse spray valves, and all may 
require different spray forces. (T&S Brass, No. 6 at p. 39) Based on 
the above information, DOE believes that the CPSV market offers a 
variety of prerinse spray valves that have different design features 
and different end-user applications.
    Additionally, DOE found a strong linear relationship between spray 
force and flow rate, indicating that spray force is an important 
performance-related feature that affects consumer utility. The 
relationship between spray force and flow rate is presented in the 
engineering spreadsheet accompanying this NODA. DOE constructed the 
flow rate-spray force relationship using data primarily from DOE 
testing, and supplementary data from DOE's Compliance Certification 
Management System (CCMS), the U.S. Environmental Protection Agency's 
(EPA) WaterSense[supreg] program, and Food Service Technology Center 
(FSTC) reports.\2\ Additionally, DOE's research shows that spray force 
relates to user satisfaction. A WaterSense field study found that low 
water pressure, or spray force, is a source of user dissatisfaction. 
WaterSense evaluated 14 commercial prerinse spray valve models and 
collected 56 consumer satisfaction reviews, of which 9 indicated 
unsatisfactory performance. Seven of the nine unsatisfactory reviews 
were attributed, among other factors, to the water pressure, or the 
user-perceived force of the spray.\3\ Therefore, DOE concludes that 
separating commercial prerinse spray valves into product classes based 
on spray force is justified, because spray force is a performance-
related feature that affects consumer utility, and spray force is 
strongly correlated with flow rate.
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    \2\ DOE compliance certification data for commercial prerinse 
spray valves available at www.regulations.doe.gov/certification-data/; EPA WaterSense Specification for Commercial Pre-Rinse Spray 
Valves Supporting Statement. Version 1.0 available at http://www.epa.gov/watersense/partners/prsv_final.html; Food Service 
Technology Center test data for prerinse spray valves available at 
www.fishnick.com/equipment/sprayvalves/.
    \3\ EPA WaterSense, Prerinse Spray Valves Field Study Report, at 
24-25 (Mar. 31, 2011) (Available at: www.epa.gov/watersense/docs/final_epa_prsv_study_report_033111v2_508.pdf).
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    To determine the number of product classes, DOE tested and analyzed 
a wide range of CPSV units on the market, spanning multiple 
manufacturers, flow rates, and spray shapes. Based on DOE's test data 
and additional market research, DOE found that available CPSV units 
could be differentiated into three distinct spray force ranges. DOE 
believes that each spray force range represents a specific CPSV 
application. This conclusion is supported by comments submitted by T&S 
Brass to the Framework document, suggesting three product classes: (1) 
An ultra low-flow commercial prerinse spray valve with a maximum flow 
rate of 0.8 gallons per minute (gpm), (2) a low-flow commercial 
prerinse spray valve with flow rates of 0.8 to 1.28 gpm, and (3) a 
standard commercial prerinse spray valve with flow rates of 1.28 to 1.6 
gpm. (T&S Brass, No. 12 at p. 3) Therefore, in this NODA, DOE maintains 
the three product classes presented in the CPSV NOPR. However, based on 
feedback from interested parties, DOE renames the product classes as 
product class 1, 2, and 3 instead of using the terminology ``light-
duty'', ``standard-duty'', and ``heavy-duty,'' respectively. As 
defined, product class 1 provides distinct utility for cleaning 
delicate glassware and removing loose food particles from dishware, 
product class 2 provides distinct utility for cleaning wet foods, and 
product class 3 provides distinct utility for cleaning baked-on

[[Page 72610]]

foods and preserving shower-type units, which prevent splash-back.
    For each of the product classes, DOE determined the spray force 
ranges based on the CPSV flow rate-spray force linear relationship. 
Product class 1 includes units with spray force less than or equal to 5 
ounce-force (ozf), product class 2 includes units with spray force 
greater than 5 ozf but less than or equal to 8 ozf, and product class 3 
includes units with spray force greater than 8 ozf. DOE selected 8.0 
ozf as the spray force cut-off between product class 2 and product 
class 3 based on test results of commercial prerinse spray valves with 
shower-type spray shapes. DOE testing showed that the upper range of 
the market, in terms of flow rate, predominantly includes shower-type 
units. DOE found that the lowest tested spray force of any shower-type 
unit was 8.1 ozf. Therefore, to maintain the consumer utility provided 
by shower-type units, DOE selected 8.0 ozf to differentiate product 
class 3 units from other commercial prerinse spray valves available on 
the market. Additionally, this spray force threshold is corroborated by 
T&S Brass's comments to the Framework document suggesting three product 
classes. T&S Brass suggested a flow rate cut-off of 1.28 gpm between 
the ``low-flow'' and ``standard'' commercial prerinse spray valves. 
(T&S Brass, No. 12 at p. 3) The flow rate-spray force linear 
relationship equates 1.28 gpm to 8.5 ozf. This spray force can be 
conservatively rounded to 8.0 ozf.
    DOE selected 5.0 ozf as the spray force cut-off between product 
class 1 and product class 2 based on DOE's test data and market 
research, which clearly showed a cluster of CPSV units above and below 
that threshold. One cluster of CPSV units had spray force ranges 
between 4.1 and 4.8 ozf, and the other cluster was between 5.5 and 7.7 
ozf. Therefore, DOE established the threshold between the two classes 
at 5.0 ozf. This spray force threshold is corroborated by T&S Brass's 
comment to the Framework document suggesting a flow rate cut-off of 
0.80 gpm between the ``ultra-low-flow'' and ``low-flow'' commercial 
prerinse spray valves, which equates to 5.3 ozf using the flow rate-
spray force linear relationship. This spray force can be conservatively 
rounded to 5.0 ozf.
    While DOE acknowledges the comments from interested parties 
regarding DOE's CPSV product class structure, DOE maintains that all 
available data and information from manufacturers suggests that: (1) 
Flow rate and spray force are strongly correlated, and (2) CPSV units 
with different flow rates or spray forces are available in the market 
and provide distinct consumer utility in the different applications 
those units are designed to serve. Therefore, in this NODA, DOE has 
maintained the product class structure presented in the NOPR, with 
three product classes differentiated by spray force.
1. Summary of Engineering Updates for the NODA
    In addition to the product class structure, DOE received comments 
on a number of assumptions in the engineering analysis presented in the 
NOPR. In response, DOE conducted additional testing of CPSV units to 
gather more data on the range of CPSV products available in the market 
and updated a number of the assumptions in the NOPR engineering 
analysis. Specifically, DOE's revised updates include the following:
     Based on new test data, DOE updated the flow rate-spray 
force relationship, which is presented in the accompanying engineering 
spreadsheet.
     Although DOE has observed that for product classes 1 and 2 
there are currently no CPSV units at the current federal standard flow 
rate of 1.6 gpm, DOE acknowledges that such units may exist in the 
market. Therefore, DOE updated the baseline flow rates for product 
class 1 and 2 to be the current federal standard flow rate of 1.6 gpm, 
consistent with the baseline for product class 3.
     Because the baseline levels for product class 1 and 2 were 
updated, DOE redefined EL 1 to represent the least efficient CPSV unit 
within each product class (i.e., the market minimum). DOE defined the 
market minimum levels to be the higher flow rate of either (1) the 
tested least-efficient unit or (2) the theoretical least-efficient unit 
at the intersection of the flow rate-spray force linear relationship 
and the spray force bounds. In product class 1, DOE identified the 
market minimum to be 1.00 gpm, which is a tested unit with a flow rate 
of 0.97 gpm, rounded-up to a whole number. This is greater than the 
theoretical flow rate at the intersection of the flow rate-spray force 
linear relationship and the spray force bound of 5.0 ozf, which is 0.75 
gpm. In product class 2, DOE identified the market minimum level to be 
1.20 gpm, which is the intersection of the flow rate-spray force linear 
relationship and the 8.0 ozf spray force bound.
     Based on new test data, DOE revised the maximum 
technologically-feasible levels (i.e., max-tech) from 0.65, 0.97, and 
1.24 gpm to 0.62, 0.73, and 1.13 gpm for product class 1, product class 
2 and product class 3, respectively.
     Based on the updates to the baseline and max-tech levels, 
DOE updated the intermediate flow rates for product classes 1 and 2 to 
reflect a 15 percent and 25 percent improvement, respectively, over the 
market minimum efficiency. Table II.1 through Table II.3 provide the 
updated ELs for all product classes.

         Table II.1--Efficiency Levels for CPSV Product Class 1
                         [Spray force <= 5 ozf]
------------------------------------------------------------------------
        Efficiency level               Description        Flow rate  gpm
------------------------------------------------------------------------
Baseline.......................  Current Federal                    1.60
                                  standard.
Level 1........................  Market minimum.........            1.00
Level 2........................  15% improvement over               0.85
                                  market minimum.
Level 3........................  25% improvement over               0.75
                                  market minimum.
Level 4........................  Maximum technologically-           0.62
                                  feasible (max-tech).
------------------------------------------------------------------------


         Table II.2--Efficiency Levels for CPSV Product Class 2
                     [5 ozf < Spray force <= 8 ozf]
------------------------------------------------------------------------
        Efficiency level               Description        Flow rate  gpm
------------------------------------------------------------------------
Baseline.......................  Current Federal                    1.60
                                  standard.

[[Page 72611]]

 
Level 1........................  Market minimum.........            1.20
Level 2........................  15% improvement over               1.02
                                  market minimum.
Level 3........................  25% improvement over               0.90
                                  market minimum.
Level 4........................  Maximum technologically-           0.73
                                  feasible (max-tech).
------------------------------------------------------------------------


         Table II.3--Efficiency Levels for CPSV Product Class 3
                          [Spray force > 8 ozf]
------------------------------------------------------------------------
        Efficiency level               Description        Flow rate  gpm
------------------------------------------------------------------------
Baseline.......................  Current Federal                    1.60
                                  standard.
Level 1........................  10% improvement over               1.44
                                  baseline.
Level 2........................  WaterSense level; 20%              1.28
                                  improvement over
                                  baseline.
Level 3........................  Maximum technologically-           1.13
                                  feasible (max-tech).
------------------------------------------------------------------------

B. Life-Cycle Cost and Payback Period Analysis

    The life-cycle cost (LCC) and payback period (PBP) analysis 
determines the economic impact of potential standards on individual 
consumers. The LCC is the total cost of purchasing, installing and 
operating a commercial prerinse spray valve over the course of its 
lifetime. The LCC analysis compares the LCC of a commercial prerinse 
spray valve designed to meet possible energy conservation standards 
with the LCC of a commercial prerinse spray valve likely to be 
installed in the absence of amended standards. DOE determines LCCs by 
considering (1) total installed cost to the consumer (which consists of 
manufacturer selling price, distribution chain markups, and sales 
taxes), (2) the range of annual energy consumption of commercial 
prerinse spray valves that meet each of the ELs considered as they are 
used in the field, (3) the operating cost of commercial prerinse spray 
valves (e.g., energy and water costs), (4) CPSV lifetime, and (5) a 
discount rate that reflects the real consumer cost of capital and puts 
the LCC in present-value terms.
    The PBP represents the number of years needed to recover the 
typically increased purchase price of higher-efficiency commercial 
prerinse spray valves through savings in operating costs. PBP is 
calculated by dividing the incremental increase in installed cost of 
the higher efficiency product, compared to the baseline product, by the 
annual savings in operating costs. In this analysis, because more 
efficient products do not cost more than baseline efficiency products, 
the PBP is zero, meaning that consumers do not have any incremental 
product costs to recover via lower operating costs.
    For commercial prerinse spray valves, DOE performed an energy and 
water use analysis that calculated energy and water use of commercial 
prerinse spray valves at each EL within each product class identified 
in the engineering analysis. DOE determined the range of annual energy 
consumption and annual water consumption using the flow rate of each EL 
within each product class from the engineering analysis, the average 
annual operating time, and the energy required to heat a gallon of 
water used at the commercial prerinse spray valve. Recognizing that 
several inputs to the determination of consumer LCC and PBP are either 
variable or uncertain (e.g., annual energy consumption, product 
lifetime, electricity price, discount rate), DOE conducts the LCC and 
PBP analysis by modeling both the uncertainty and variability in the 
inputs using a Monte Carlo simulation and probability distributions. 
The primary outputs of the LCC and PBP analysis are (1) average LCCs, 
(2) median PBPs, and (3) the percentage of consumers that experience a 
net cost for each product class and EL. The average annual energy 
consumption derived in the LCC analysis is used as an input to the 
National Impact Analysis (NIA).

C. National Impact Analysis

    The NIA estimates the national energy savings (NES), national water 
savings (NWS), and the net present value (NPV) of total consumer costs 
and savings expected to result from potential new standards at each 
trial standard level (TSL). In this NODA, DOE provides results for a 
total of five TSLs, one of which uses an alternative shipments 
scenario. TSLs 1 through 4 utilize a default shipments scenario similar 
to the shipments scenario presented in the NOPR, while TSL 4a utilizes 
the alternative shipments scenario. The default and alternative 
shipments scenarios are discussed later in this section.
    The TSLs analyzed in this NODA are shown in Table II.4. These TSLs 
were chosen based on the following criteria:
     TSL 1 represents the first EL above the market minimum for 
each product class. That is, for product classes 1 and 2, TSL 1 
represents EL 2 which is a 15 percent savings above the market minimum. 
For product class 3, TSL 1 represents EL 1 which is a 10 percent 
savings above the market minimum (which is also the Federal standard 
level).
     TSL 2 represents the second EL above market minimum for 
each product class. That is, for product classes 1 and 2, TSL 2 
represents EL 3 which is a 25 percent savings above the market minimum. 
For product class 3, TSL 3 represents the WaterSense level, or 20 
percent savings above the market minimum (i.e., the Federal standard).
     TSL 3 represents the minimum flow rates for each product 
class that would not induce consumers to switch product classes as a 
result of a standard at those flow rates (as discussed in the CPSV 
NOPR), and retains shower-type designs. That is, DOE selected the 
lowest flow rates that would allow consumers to maintain provided 
utility without purchasing units from a different product class. As 
discussed in section II.A, DOE believes that spray force and flow rate 
are strongly correlated and that specific flow rate-spray force 
combinations represent distinct utility in the market. Therefore, DOE 
analyzed TSL 3, which exhibits no

[[Page 72612]]

product class switching, as the TSL that maintains customer utility and 
availability of products in the marketplace.
     TSL 4 represents max-tech for all product classes under 
the default shipments scenario, which assumes the total volume of 
shipments does not change as a function of the standard level selected. 
Consumers in product classes 1 and 2 would purchase a compliant CPSV 
model with flow rates most similar to the flow rate they would purchase 
in the absence of a standard. This TSL assumes that purchasers of 
shower-type commercial prerinse spray valves would transition to single 
orifice CPSV models but recognizes that the utility or usability of 
compliant CPSV models in those applications may be impacted.
     TSL 4a represents max-tech for all product classes under 
an alternative shipments scenario. Since the utility of single-orifice 
CPSV models may not be equivalent in some applications that previously 
used shower-type CPSV, this alternative shipments scenario analyzes the 
case where, rather than accepting the decreased usability of a 
compliant CPSV model, consumers of shower-type units instead exit the 
CPSV market and purchase faucets, which have a maximum flow rate of 2.2 
gpm under the current federal standard. Thus, shipments of compliant 
CPSV models are much lower under this TSL and water consumption higher 
due to increased faucet shipments.

                             Table II.4--Efficiency Levels by Product Class and TSL
----------------------------------------------------------------------------------------------------------------
             TSL                Product class 1    Product class 2    Product class 3      Shipments scenario
----------------------------------------------------------------------------------------------------------------
1............................                  2                  2                  1  Default.
2............................                  3                  3                  2  Default.
3............................                  1                  1                  2  Default.
4............................                  4                  4                  3  Default.
4a...........................                  4                  4                  3  Alternate.
----------------------------------------------------------------------------------------------------------------

    The reported NIA results, in section III.B, reflect the additional 
testing of units DOE conducted after the NOPR (as discussed in section 
II.A), and include updated product allocations by product class and EL, 
as well as updated data sources.
    DOE calculated NES, NWS, and NPV for each TSL as the difference 
between a no-new-standards case scenario (without amended standards) 
and the standards case scenario (with amended standards). Cumulative 
energy savings are the sum of the annual NES determined over the 
lifetime of commercial prerinse spray valves shipped during the 
analysis period. Energy savings reported include the full-fuel cycle 
energy savings (i.e., includes the energy needed to extract, process, 
and deliver primary fuel sources such as coal and natural gas, and the 
conversion and distribution losses of generating electricity from those 
fuel sources). Similarly, cumulative water savings are the sum of the 
annual NWS determined over the lifetime of commercial prerinse spray 
valves shipped during the analysis period. The NPV is the sum over time 
of the discounted net savings each year, which consists of the 
difference between total operating cost savings and any changes in 
total installed costs. NPV results are reported for discount rates of 3 
percent and 7 percent. Under the alternative shipments scenario, DOE 
accounts for the energy and water use of CPSV models that remain within 
the scope of this rule and also accounts for the change in energy or 
water use for consumers that chose to exit the CPSV market, and instead 
purchase faucets, as a result of the standard. As a result, realized 
savings resulting from TSL 4a are reduced compared to savings for TSL 4 
under the default shipments scenario.
    To calculate the NES, NWS, and NPV, DOE projected future shipments 
and efficiency distributions (for each TSL) for each CPSV product 
class. After further research and consideration of public comments 
regarding product shipments (T&S, No. 23 at pp. 81), DOE updated its 
shipments projections from the NOPR to more accurately characterize the 
CPSV market. The most significant update was allocating more of the 
overall market share to product class 3 relative to product classes 1 
and 2 in the default shipments scenario, and the modeling of an 
alternative shipments scenario where consumers of shower-type CPSV 
models do not purchase compliant CPSV models in the standards case and, 
instead, leave the CPSV market altogether and purchase faucets. Other 
inputs to the NIA include the estimated CPSV lifetime, final installed 
costs, and average annual energy and water consumption per unit from 
the LCC. For detailed NIA results, see Table III.4 and Table III.5.

D. Manufacturer Impact Analysis

    For the manufacturer impact analysis (MIA), DOE used the Government 
Regulatory Impact Model (GRIM) to assess the economic impact of 
potential standards on CPSV manufacturers. DOE developed key industry 
average financial parameters for the GRIM using publicly available data 
from corporate annual reports. Additionally, DOE used this and other 
publicly available information to estimate and account for the 
aggregate industry investment in capital expenditures and research and 
development required to produce compliant products at each EL.
    The GRIM uses this information in conjunction with inputs from 
other analyses including MPCs from the engineering analysis, shipments 
from the shipments analysis, and price trends from the NIA to model 
industry annual cash flows from the base year through the end of the 
analysis period. The primary quantitative output of this model is the 
industry net present value (INPV), which DOE calculates as the sum of 
industry cash flows discounted to the present day using industry 
specific weighted average costs of capital.
    Standards affect INPV by requiring manufacturers to make 
investments in manufacturing capital and product development, and by a 
change in the number of shipments. Under potential standards, DOE 
expects that manufacturers may lose a portion of their INPV, which is 
calculated as the difference between INPV in the no-new-standards case 
and in the standards case. DOE examines a range of possible impacts on 
industry by modeling scenarios with various levels of investment.

III. Results of the Economic Analyses

A. Economic Impacts on Consumers

    Table III.1 through Table III.3 provide LCC and PBP results for all 
ELs and the corresponding TSLs discussed in section II.C.

[[Page 72613]]



                                                    Table III.1--Product Class 1 LCC and PBP Results
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                         Product class 1 (spray force <= 5 ozf)
---------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                                Average costs 2014$
                                                            Efficiency   ---------------------------------------------------------------- Simple payback
                           TSL                                 level                       First year's      Lifetime                      period years
                                                                          Installed cost  operating cost  operating cost       LCC *
--------------------------------------------------------------------------------------------------------------------------------------------------------
--......................................................               0              76             780           3,566           3,643             0.0
3.......................................................               1              76             487           2,229           2,305             0.0
1.......................................................               2              76             414           1,895           1,971             0.0
2.......................................................               3              76             366           1,672           1,748             0.0
4, 4a...................................................               4              76             302           1,382           1,458             0.0
--------------------------------------------------------------------------------------------------------------------------------------------------------
* The average discounted LCC for each EL is calculated assuming that all purchases are for equipment only with that EL. This allows the LCCs for each EL
  to be compared under the same conditions.


                                                    Table III.2--Product Class 2 LCC and PBP Results
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                   Product class 2 (spray force > 5 ozf and <= 8 ozf)
---------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                                Average costs 2014$
                                                            Efficiency   ---------------------------------------------------------------- Simple payback
                           TSL                                 level                       First year's      Lifetime                      period years
                                                                          Installed cost  operating cost  operating cost       LCC *
--------------------------------------------------------------------------------------------------------------------------------------------------------
--......................................................               0              76             780           3,566           3,643             0.0
3.......................................................               1              76             585           2,675           2,751             0.0
1.......................................................               2              76             497           2,274           2,350             0.0
2.......................................................               3              76             439           2,006           2,082             0.0
4, 4a...................................................               4              76             356           1,627           1,704             0.0
--------------------------------------------------------------------------------------------------------------------------------------------------------
* The average discounted LCC for each EL is calculated assuming that all purchases are for equipment only with that EL. This allows the LCCs for each EL
  to be compared under the same conditions.


                                                    Table III.3--Product Class 3 LCC and PBP Results
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                          Product class 3 (spray force > 8 ozf)
---------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                                Average costs 2014$
                                                            Efficiency   ---------------------------------------------------------------- Simple payback
                           TSL                                 level                       First year's      Lifetime                      period years
                                                                          Installed cost  operating cost  operating cost       LCC *
--------------------------------------------------------------------------------------------------------------------------------------------------------
--......................................................               0              76             780           3,566           3,643             0.0
1.......................................................               1              76             702           3,210           3,286             0.0
2, 3....................................................               2              76             624           2,853           2,929             0.0
4 **....................................................               3              76             551           2,519           2,595             0.0
--------------------------------------------------------------------------------------------------------------------------------------------------------
* The average discounted LCC for each EL is calculated assuming that all purchases are for equipment only with that EL. This allows the LCCs for each EL
  to be compared under the same conditions.
** LCC results are not presented for TSL 4a since the analysis assumes those consumers have left the CPSV market.

B. Economic Impacts on the Nation

    Table III.4 provides energy and water impacts associated with each 
TSL. Table III.5 provides NPV results.

Table III.4--Commercial Prerinse Spray Valves: Cumulative National Energy and Water Savings for Products Shipped
                                                  in 2019-2048
----------------------------------------------------------------------------------------------------------------
                                                          National energy savings quads *       National water
               TSL                   Product class   ----------------------------------------   savings billion
                                                            Primary               FFC                 gal
----------------------------------------------------------------------------------------------------------------
1...............................  1 (<=5 ozf).......              0.008               0.009              10.831
                                  2 (>5 ozf and <=8               0.113               0.123             144.916
                                   ozf).
                                  3 (>8 ozf)........             (0.082)             (0.089)           (105.275)
                                                     -----------------------------------------------------------
                                  TOTAL TSL 1.......              0.039               0.043              50.471
                                 -------------------------------------------------------------------------------

[[Page 72614]]

 
2...............................  1 (<=5 ozf).......              0.008               0.009              10.831
                                  2 (>5 ozf and <=8               0.244               0.264             311.926
                                   ozf).
                                  3 (>8 ozf)........             (0.165)             (0.179)           (210.875)
                                                     -----------------------------------------------------------
                                  TOTAL TSL 2.......              0.087               0.095             111.882
                                 -------------------------------------------------------------------------------
3...............................  1 (<=5 ozf).......              0.000               0.000               0.000
                                  2 (>5 ozf and <=8               0.000               0.000               0.000
                                   ozf).
                                  3 (>8 ozf)........              0.093               0.101             119.572
                                                     -----------------------------------------------------------
                                  TOTAL TSL 3.......              0.093               0.101             119.572
                                 -------------------------------------------------------------------------------
4...............................  1 (<=5 ozf).......              0.059               0.064              75.815
                                  2 (>5 ozf and <=8               0.196               0.212             250.516
                                   ozf).
                                  3 (>8 ozf)........             (0.092)             (0.100)           (118.272)
                                                     -----------------------------------------------------------
                                  TOTAL TSL 4.......              0.163               0.176             208.059
                                 -------------------------------------------------------------------------------
4a..............................  1 (<=5 ozf).......              0.059               0.064              75.815
                                  2 (>5 ozf and <=8               0.196               0.212             250.516
                                   ozf).
                                  3 (>8 ozf)........             (0.463)             (0.502)           (593.418)
                                                     -----------------------------------------------------------
                                  TOTAL TSL 4a......             (0.208)             (0.226)           (267.087)
----------------------------------------------------------------------------------------------------------------
* quads = quadrillion British thermal units.


  Table III.5--Commercial Prerinse Spray Valves: Cumulative Net Present Value of Consumer Benefits for Products
                                              Shipped in 2019-2048
----------------------------------------------------------------------------------------------------------------
                                                                              Net present value billion $2014
                                                                         ---------------------------------------
                    TSL                             Product class         7-Percent discount  3-Percent discount
                                                                                 rate                rate
----------------------------------------------------------------------------------------------------------------
1.........................................  1 (<=5 ozf).................             $0.067              $0.137
                                            2 (>5 ozf and <=8 ozf)......             $0.892              $1.828
                                            3 (>8 ozf)..................            ($0.656)            ($1.342)
                                                                         ---------------------------------------
                                            TOTAL TSL 1.................             $0.303              $0.623
                                           ---------------------------------------------------------------------
2.........................................  1 (<=5 ozf).................             $0.067              $0.137
                                            2 (>5 ozf and <=8 ozf)......             $1.924              $3.943
                                            3 (>8 ozf)..................            ($1.319)            ($2.699)
                                                                         ---------------------------------------
                                            TOTAL TSL 2.................             $0.672              $1.381
                                           ---------------------------------------------------------------------
3.........................................  1 (<=5 ozf).................             $0.000              $0.000
                                            2 (>5 ozf and <=8 ozf)......             $0.000              $0.000
                                            3 (>8 ozf)..................             $0.718              $1.476
                                                                         ---------------------------------------
                                            TOTAL TSL 3.................             $0.718              $1.476
                                           ---------------------------------------------------------------------
4.........................................  1 (<=5 ozf).................             $0.473              $0.968
                                            2 (>5 ozf and <=8 ozf)......             $1.539              $3.156
                                            3 (>8 ozf)..................            ($0.763)            ($1.557)
                                                                         ---------------------------------------
                                            TOTAL TSL 4.................             $1.249              $2.568
                                           ---------------------------------------------------------------------
4a *......................................  1 (<=5 ozf).................             $0.473              $0.968
                                            2 (>5 ozf and <=8 ozf)......             $1.539              $3.156
                                            3 (>8 ozf)..................            ($3.616)            ($7.421)
                                                                         ---------------------------------------
                                            TOTAL TSL 4a................            ($1.604)            ($3.297)
----------------------------------------------------------------------------------------------------------------
* In TSL 4a, DOE assumed that the installed costs for faucets and commercial prerinse spray valves are equal.


[[Page 72615]]

C. Economic Impacts on Manufacturers

    Table III.6 provides manufacturer impacts under the sourced 
materials conversion cost scenario. Table III.7 provides manufacturer 
impacts under the fabricated materials conversion cost scenario.

           Table III.6--Manufacturer Impact Analysis for Commercial Prerinse Spray Valves Under the Sourced Materials Conversion Cost Scenario
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                                       Trial standard level
                                            Units             No-new-    -------------------------------------------------------------------------------
                                                          standards case         1               2               3               4              4a
--------------------------------------------------------------------------------------------------------------------------------------------------------
INPV..............................  2014$ MM............             8.6            7.7             7.5             8.0             7.1             5.0
Change in INPV ($)................  2014$ MM............  ..............           (0.8)           (1.1)           (0.6)           (1.5)           (3.6)
Change in INPV (%)................  %...................  ..............           (9.9)          (12.8)           (6.5)          (17.4)          (41.8)
Product Conversion Costs..........  2014$ MM............  ..............            1.5             1.8             0.8             2.4             2.4
Capital Conversion Costs..........  2014$ MM............  ..............            0.1             0.2             0.2             0.2             0.2
Total Investment Required.........  2014$ MM............  ..............            1.6             2.0             1.0             2.6             2.6
--------------------------------------------------------------------------------------------------------------------------------------------------------


         Table III.7--Manufacturer Impact Analysis for Commercial Prerinse Spray Valves Under the Fabricated Materials Conversion Cost Scenario
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                                       Trial standard level
                                            Units             No-new-    -------------------------------------------------------------------------------
                                                          standards case         1               2               3               4              4a
--------------------------------------------------------------------------------------------------------------------------------------------------------
INPV..............................  2014$ MM............             8.6            7.1             6.7             7.4             6.2             4.1
Change in INPV ($)................  2014$ MM............  ..............           (1.5)           (1.8)           (1.1)           (2.4)           (4.5)
Change in INPV (%)................  %...................  ..............          (17.5)          (21.4)          (13.1)          (28.0)          (52.3)
Product Conversion Costs..........  2014$ MM............  ..............            1.5             1.8             0.8             2.4             2.4
Capital Conversion Costs..........  2014$ MM............  ..............            0.8             1.0             0.8             1.2             1.2
Total Investment Required.........  2014$ MM............  ..............            2.3             2.8             1.6             3.6             3.6
--------------------------------------------------------------------------------------------------------------------------------------------------------

IV. Public Participation

    While DOE is not requesting comments on specific portions of the 
analysis, DOE is interested in receiving comments on all aspects of the 
data and analysis presented in the NODA and supporting documentation 
that can be found at: https://www1.eere.energy.gov/buildings/appliance_standards/product.aspx/productid/54.

A. Submission of Comments

    DOE will accept comments, data, and information regarding this 
notice no later than the date provided in the DATES section at the 
beginning of this notice. Interested parties may submit comments, data, 
and other information using any of the methods described in the 
ADDRESSES section at the beginning of this notice.
    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 only be viewable to 
DOE Building Technologies staff. 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 itself 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. Otherwise, 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 (CBI)). Comments submitted through 
www.regulations.gov cannot be claimed as CBI. Comments received through 
the Web site will waive any CBI claims for the information submitted. 
For information on submitting CBI, see the Confidential Business 
Information section below.
    DOE processes submissions made through www.regulations.gov before 
posting. Normally, comments will be posted within a few days of being 
submitted. However, if large volumes of comments are being processed 
simultaneously, your comment may not be viewable for up to several 
weeks. Please keep the comment tracking number that www.regulations.gov 
provides after you have successfully uploaded your comment.

[[Page 72616]]

    Submitting comments via email, hand delivery/courier, or mail. 
Comments and documents submitted via email, hand delivery, or mail will 
also be posted to www.regulations.gov. If you do not want your personal 
contact information to be publicly viewable, do not include it in your 
comment or any accompanying documents. Instead, provide your contact 
information in a cover letter. Include your first and last names, email 
address, telephone number, and optional mailing address. The cover 
letter will not be publicly viewable as long as it does not include any 
comments.
    Include contact information each time you submit comments, data, 
documents, and other information to DOE. If you submit via mail or hand 
delivery/courier, please provide all items on a CD, if feasible, in 
which case it is not necessary to submit printed copies. No facsimiles 
(faxes) will be accepted.
    Comments, data, and other information submitted to DOE 
electronically should be provided in portable document format (PDF) 
(preferred), Microsoft Word or Excel, WordPerfect, or text (ASCII) file 
format. Provide documents that are not secured, that are written in 
English, and that are free of any defects or viruses. Documents should 
not contain special characters or any form of encryption and, if 
possible, they should carry the electronic signature of the author.
    Campaign form letters. Please submit campaign form letters by the 
originating organization in batches of between 50 and 500 form letters 
per PDF or as one form letter with a list of supporters' names compiled 
into one or more PDFs. This reduces comment processing and posting 
time.
    Confidential Business Information. Pursuant to 10 CFR 1004.11, any 
person submitting information that he or she believes to be 
confidential and exempt by law from public disclosure should submit two 
well-marked copies: One copy of the document marked ``confidential'' 
including all the information believed to be confidential, and one copy 
of the document marked ``non-confidential'' with the information 
believed to be confidential deleted. Submit these documents via email 
or on a CD, if feasible. DOE will make its own determination about the 
confidential status of the information and treat it according to its 
determination.
    Factors of interest to DOE when evaluating requests to treat 
submitted information as confidential include: (1) A description of the 
items, (2) whether and why such items are customarily treated as 
confidential within the industry, (3) whether the information is 
generally known by or available from other sources, (4) whether the 
information has previously been made available to others without 
obligation concerning its confidentiality, (5) an explanation of the 
competitive injury to the submitting person which would result from 
public disclosure, (6) when such information might lose its 
confidential character due to the passage of time, and (7) why 
disclosure of the information would be contrary to the public interest.
    It is DOE's policy that all comments may be included in the public 
docket, without change and as received, including any personal 
information provided in the comments (except information deemed to be 
exempt from public disclosure).

V. Approval of the Office of the Secretary

    The Secretary of Energy has approved publication of this notice of 
data availability.

    Issued in Washington, DC, on November 16, 2015.
Kathleen B. Hogan,
Deputy Assistant Secretary for Energy Efficiency, Energy Efficiency and 
Renewable Energy.
[FR Doc. 2015-29676 Filed 11-19-15; 8:45 am]
BILLING CODE 6450-01-P



                                                    72608

                                                    Proposed Rules                                                                                                Federal Register
                                                                                                                                                                  Vol. 80, No. 224

                                                                                                                                                                  Friday, November 20, 2015



                                                    This section of the FEDERAL REGISTER                       1. Federal eRulemaking Portal:                     Mr. James Raba, U.S. Department of
                                                    contains notices to the public of the proposed          www.regulations.gov. Follow the                         Energy, Office of Energy Efficiency
                                                    issuance of rules and regulations. The                  instructions for submitting comments.                   and Renewable Energy, Building
                                                    purpose of these notices is to give interested             2. Email: SprayValves2014STD0027@                    Technologies Office, EE–5B, 1000
                                                    persons an opportunity to participate in the            ee.doe.gov. Include the docket number                   Independence Avenue SW.,
                                                    rule making prior to the adoption of the final
                                                                                                            and/or RIN in the subject line of the                   Washington, DC 20585–0121.
                                                    rules.
                                                                                                            message. Submit electronic comments                     Telephone: (202) 586–8654. Email:
                                                                                                            in WordPerfect, Microsoft Word, PDF,                    SprayValves2014STD0027@
                                                    DEPARTMENT OF ENERGY                                    or ASCII file format, and avoid the use                 ee.doe.gov.
                                                                                                            of special characters or any form of                  Mr. Peter Cochran, U.S. Department of
                                                    10 CFR Parts 429 and 431                                encryption.                                             Energy, Office of the General Counsel,
                                                                                                               3. Postal Mail: Ms. Brenda Edwards,                  GC–33, 1000 Independence Avenue
                                                    [Docket Number EERE–2014–BT–STD–                        U.S. Department of Energy, Building                     SW., Washington, DC 20585–0121.
                                                    0027]                                                   Technologies Office, Mailstop EE–5B,                    Telephone: (202) 586–9496. Email:
                                                    RIN 1904–AD31                                           1000 Independence Avenue SW.,                           Peter.Cochran@hq.doe.gov.
                                                                                                            Washington, DC 20585–0121. If                         For further information on how to
                                                    Energy Conservation Standards for                       possible, please submit all items on a                  submit a comment, review other
                                                    Commercial Prerinse Spray Valves:                       CD, in which case it is not necessary to                public comments and the docket, or
                                                    Availability of Provisional Analysis                    include printed copies.                                 participate in the public meeting,
                                                    Tools                                                      4. Hand Delivery/Courier: Ms. Brenda                 contact Ms. Brenda Edwards at (202)
                                                                                                            Edwards, U.S. Department of Energy,                     586–2945 or by email:
                                                    AGENCY: Office of Energy Efficiency and                 Building Technologies Office, 950                       Brenda.Edwards@ee.doe.gov.
                                                    Renewable Energy, Department of                         L’Enfant Plaza SW., Suite 600,                        SUPPLEMENTARY INFORMATION:
                                                    Energy.                                                 Washington, DC 20024. Telephone:
                                                    ACTION: Notice of data availability                     (202) 586–2945. If possible, please                   Table of Contents
                                                    (NODA); withdrawal and republication.                   submit all items on a CD, in which case               I. Background
                                                                                                            it is not necessary to include printed                II. Summary of the Analyses Performed by
                                                    SUMMARY:    The U.S. Department of                      copies.                                                     the Department of Energy
                                                    Energy (DOE) is withdrawing and                            No faxes will be accepted. For                        A. Engineering Analysis
                                                    republishing the Notice of Data                         detailed instructions on submitting                      1. Summary of Engineering Updates for the
                                                    Availability (NODA) published in the                    comments and additional information                         NODA
                                                    Federal Register on November 12, 2015                                                                            B. Life-Cycle Cost and Payback Period
                                                                                                            on the rulemaking process, see section                      Analysis
                                                    (80 FR 69888) due to errors in that                     IV of this document (‘‘Public                            C. National Impact Analysis
                                                    published document. DOE is                              Participation’’).                                        D. Manufacturer Impact Analysis
                                                    republishing this document in its                          Docket: The docket, which includes                 III. Results of the Economic Analyses
                                                    entirety. DOE published a notice of                     Federal Register notices, public meeting                 A. Economic Impacts on Consumers
                                                    proposed rulemaking (NOPR) for the                      attendee lists and transcripts,                          B. Economic Impacts on the Nation
                                                    commercial prerinse spray valve (CPSV)                  comments, and other supporting                           C. Economic Impacts on Manufacturers
                                                    energy conservation standards                           documents/materials, is available for                 IV. Public Participation
                                                    rulemaking on July 9, 2015. In response                 review at www.regulations.gov. All                       A. Submission of Comments
                                                    to comments on the NOPR, DOE has                                                                              V. Approval of the Office of the Secretary
                                                                                                            documents in the docket are listed in
                                                    revised its analyses. This NODA                         the www.regulations.gov index.                        I. Background
                                                    announces the availability of those                     However, some documents listed in the                    DOE published a notice of proposed
                                                    updated analyses and results, and gives                 index, such as those containing                       rulemaking (NOPR) proposing amended
                                                    interested parties an opportunity to                    information that is exempt from public                energy conservation standards for
                                                    comment on these analyses and submit                    disclosure, may not be publicly                       commercial prerinse spray valves
                                                    additional data. The NODA analysis is                   available.                                            (CPSVs) on July 9, 2015 (CPSV NOPR).
                                                    publicly available on the DOE Web site.                    A link to the docket Web page can be               80 FR 39485. The CPSV NOPR proposed
                                                    DATES: DOE will accept comments, data,                  found at: www1.eere.energy.gov/                       new CPSV product classes based on
                                                    and information regarding this NODA                     buildings/appliance_standards/                        spray force, and presented results for
                                                    submitted no later than December 4,                     rulemaking.aspx?ruleid=100. This Web                  the engineering analysis, economic
                                                    2015. See section IV, ‘‘Public                          page will contain a link to the docket for            analyses, and proposed standard levels.
                                                    Participation,’’ for details.                           this notice on the www.regulations.gov                DOE held a public meeting on July 28,
                                                    ADDRESSES: Any comments submitted                       site. The www.regulations.gov Web page                2015 to present the CPSV NOPR. At the
mstockstill on DSK4VPTVN1PROD with PROPOSALS




                                                    must identify the NODA for Energy                       will contain simple instructions on how               public meeting, and during the
                                                    Conservation Standards for commercial                   to access all documents, including                    comment period, DOE received
                                                    prerinse spray valves, and provide                      public comments, in the docket. See                   comments on various aspects of the
                                                    docket number EERE–2014–BT–STD–                         section IV, ‘‘Public Participation,’’ for             CPSV NOPR.
                                                    0027 and/or regulatory information                      further information on how to submit                     In response to these comments, DOE
                                                    number (RIN) number 1904–AD31.                          comments through                                      has revised the analyses presented in
                                                    Comments may be submitted using any                     www.regulations.gov.                                  the CPSV NOPR. This notice of data
                                                    of the following methods:                               FOR FURTHER INFORMATION CONTACT:                      availability (NODA) announces the


                                               VerDate Sep<11>2014   17:58 Nov 19, 2015   Jkt 238001   PO 00000   Frm 00001   Fmt 4702   Sfmt 4702   E:\FR\FM\20NOP1.SGM   20NOP1


                                                                          Federal Register / Vol. 80, No. 224 / Friday, November 20, 2015 / Proposed Rules                                                  72609

                                                    availability of those updated analyses                  different standard levels, such as                    DOE’s research shows that spray force
                                                    and results and invites interested parties              features affecting customer utility, when             relates to user satisfaction. A
                                                    to submit comments on these analyses                    establishing or amending energy                       WaterSense field study found that low
                                                    or additional data. DOE may further                     conservation standards. 42 U.S.C.                     water pressure, or spray force, is a
                                                    revise the analysis presented in this                   6295(q)) In response to comments from                 source of user dissatisfaction.
                                                    rulemaking based on any new or                          interested parties, DOE reviewed the                  WaterSense evaluated 14 commercial
                                                    updated information or data it obtains                  market for commercial prerinse spray                  prerinse spray valve models and
                                                    during the course of the rulemaking.                    valves and available data regarding their             collected 56 consumer satisfaction
                                                    DOE encourages stakeholders to provide                  typical performance and usage                         reviews, of which 9 indicated
                                                    any additional data or information that                 characteristics in different applications.            unsatisfactory performance. Seven of
                                                    may improve the analysis.                                  DOE market research shows that                     the nine unsatisfactory reviews were
                                                                                                            commercial prerinse spray valves have                 attributed, among other factors, to the
                                                    II. Summary of the Analyses Performed                   a range of flow rates, spray forces, and              water pressure, or the user-perceived
                                                    by the Department of Energy                             spray shapes. For example,                            force of the spray.3 Therefore, DOE
                                                       DOE conducted analyses of                            manufacturers market commercial                       concludes that separating commercial
                                                    commercial prerinse spray valves in the                 prerinse spray valves at lower flow rates             prerinse spray valves into product
                                                    following areas: (1) Engineering, (2)                   with specific terminology such as                     classes based on spray force is justified,
                                                    manufacturer impacts, (3) life-cycle cost               ‘‘ultra-low-flow’’ or ‘‘low-flow’’ spray              because spray force is a performance-
                                                    and payback period, and (4) national                    valves, indicating that there are diverse             related feature that affects consumer
                                                    impacts. The spreadsheet tools used in                  products available to satisfy different               utility, and spray force is strongly
                                                    preparing these analyses are available                  consumer needs when selecting                         correlated with flow rate.
                                                    at: http://www.regulations.gov/                         commercial prerinse spray valves.                        To determine the number of product
                                                    #!docketDetail;D=EERE-2014-BT-STD-                      Conversely, for commercial prerinse                   classes, DOE tested and analyzed a wide
                                                    0027. Each individual spreadsheet                       spray valves at higher flow rates, DOE                range of CPSV units on the market,
                                                    includes an introduction describing the                 has predominately observed shower-                    spanning multiple manufacturers, flow
                                                    various inputs and outputs for the                      type units. Shower-type units contain                 rates, and spray shapes. Based on DOE’s
                                                    analysis, as well as operation                          multiple orifices, as opposed to the                  test data and additional market research,
                                                    instructions. A brief description of each               more traditional, single-orifice CPSV                 DOE found that available CPSV units
                                                    of these analysis tools is provided                     unit. In the CPSV NOPR public meeting,                could be differentiated into three
                                                    below. The key aspects of the present                   T&S Brass stated that consumer                        distinct spray force ranges. DOE
                                                    analyses and DOE’s updates to the CPSV                  satisfaction is very high at the upper                believes that each spray force range
                                                    NOPR analyses are described in the                      range of the market flow rate                         represents a specific CPSV application.
                                                    following sections.                                     distribution, and that the shower-type                This conclusion is supported by
                                                                                                            commercial prerinse spray valves in the               comments submitted by T&S Brass to
                                                    A. Engineering Analysis                                 upper range of the market flow rate                   the Framework document, suggesting
                                                       The engineering analysis establishes                 distribution represent the majority of                three product classes: (1) An ultra low-
                                                    the relationship between the                            the market and highest level of customer              flow commercial prerinse spray valve
                                                    manufacturer production cost (MPC)                      satisfaction because these units prevent              with a maximum flow rate of 0.8 gallons
                                                    and efficiency levels (ELs) for each                    splash-back. (T&S, No. 23 at pp. 42–43)               per minute (gpm), (2) a low-flow
                                                    product class of commercial prerinse                    T&S Brass also commented that there                   commercial prerinse spray valve with
                                                    spray valves. This relationship serves as               are several applications of commercial                flow rates of 0.8 to 1.28 gpm, and (3) a
                                                    the basis for cost-benefit calculations                 prerinse spray valves, and all may                    standard commercial prerinse spray
                                                    performed in the other three analysis                   require different spray forces. (T&S                  valve with flow rates of 1.28 to 1.6 gpm.
                                                    tools for individual consumers,                         Brass, No. 6 at p. 39) Based on the above             (T&S Brass, No. 12 at p. 3) Therefore, in
                                                    manufacturers, and the nation.                          information, DOE believes that the                    this NODA, DOE maintains the three
                                                       In the CPSV NOPR, DOE proposed                       CPSV market offers a variety of prerinse              product classes presented in the CPSV
                                                    three product classes that were                         spray valves that have different design               NOPR. However, based on feedback
                                                    delineated by spray force. DOE analyzed                 features and different end-user                       from interested parties, DOE renames
                                                    several ELs associated with specific                    applications.                                         the product classes as product class 1,
                                                    flow rates for each product class. DOE                     Additionally, DOE found a strong                   2, and 3 instead of using the
                                                    received feedback from interested                       linear relationship between spray force               terminology ‘‘light-duty’’, ‘‘standard-
                                                    parties opposing the three product class                and flow rate, indicating that spray force            duty’’, and ‘‘heavy-duty,’’ respectively.
                                                    structure and recommending a single                     is an important performance-related                   As defined, product class 1 provides
                                                    product class. (Chicago Faucets, No. 26                 feature that affects consumer utility. The            distinct utility for cleaning delicate
                                                    at pp. 1–2; 1 PMI, No. 27 at p. 1; Fisher,              relationship between spray force and                  glassware and removing loose food
                                                    No. 30 at p. 1; ASAP, NEEA, NRDC, No.                   flow rate is presented in the engineering             particles from dishware, product class 2
                                                    32 at p. 1; PG&E, SCE, SCGC, SDG&E,                     spreadsheet accompanying this NODA.                   provides distinct utility for cleaning wet
                                                    No. 34 at p. 1–2; AWE, No. 28 at p. 7;                  DOE constructed the flow rate-spray                   foods, and product class 3 provides
                                                    and T&S Brass, No. 33 at p. 2)                          force relationship using data primarily               distinct utility for cleaning baked-on
                                                       DOE is required by EPCA to consider                  from DOE testing, and supplementary
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                                                                                                            data from DOE’s Compliance                            www.regulations.doe.gov/certification-data/; EPA
                                                    performance-related features that justify                                                                     WaterSense Specification for Commercial Pre-Rinse
                                                                                                            Certification Management System                       Spray Valves Supporting Statement. Version 1.0
                                                      1 A notation in this form provides a reference for    (CCMS), the U.S. Environmental                        available at http://www.epa.gov/watersense/
                                                    information that is in DOE’s rulemaking docket to       Protection Agency’s (EPA) WaterSense®                 partners/prsv_final.html; Food Service Technology
                                                    amend energy conservation standards for                 program, and Food Service Technology                  Center test data for prerinse spray valves available
                                                    commercial prerinse spray valves (Docket No.                                                                  at www.fishnick.com/equipment/sprayvalves/.
                                                    EERE–2014–BT–STD–0027, which is maintained at           Center (FSTC) reports.2 Additionally,                    3 EPA WaterSense, Prerinse Spray Valves Field

                                                    www.regulations.gov). This particular notation                                                                Study Report, at 24–25 (Mar. 31, 2011) (Available
                                                    refers to a comment from Chicago Faucets on pp.           2 DOE compliance certification data for             at: www.epa.gov/watersense/docs/final_epa_prsv_
                                                    1–2 of document number 6 in the docket.                 commercial prerinse spray valves available at         study_report_033111v2_508.pdf).



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                                                    72610                        Federal Register / Vol. 80, No. 224 / Friday, November 20, 2015 / Proposed Rules

                                                    foods and preserving shower-type units,                                 threshold between the two classes at 5.0                                currently no CPSV units at the current
                                                    which prevent splash-back.                                              ozf. This spray force threshold is                                      federal standard flow rate of 1.6 gpm,
                                                      For each of the product classes, DOE                                  corroborated by T&S Brass’s comment to                                  DOE acknowledges that such units may
                                                    determined the spray force ranges based                                 the Framework document suggesting a                                     exist in the market. Therefore, DOE
                                                    on the CPSV flow rate-spray force linear                                flow rate cut-off of 0.80 gpm between                                   updated the baseline flow rates for
                                                    relationship. Product class 1 includes                                  the ‘‘ultra-low-flow’’ and ‘‘low-flow’’                                 product class 1 and 2 to be the current
                                                    units with spray force less than or equal                               commercial prerinse spray valves,                                       federal standard flow rate of 1.6 gpm,
                                                    to 5 ounce-force (ozf), product class 2                                 which equates to 5.3 ozf using the flow                                 consistent with the baseline for product
                                                    includes units with spray force greater                                 rate-spray force linear relationship. This                              class 3.
                                                    than 5 ozf but less than or equal to 8 ozf,                             spray force can be conservatively                                          • Because the baseline levels for
                                                    and product class 3 includes units with                                 rounded to 5.0 ozf.                                                     product class 1 and 2 were updated,
                                                    spray force greater than 8 ozf. DOE                                        While DOE acknowledges the                                           DOE redefined EL 1 to represent the
                                                    selected 8.0 ozf as the spray force cut-                                comments from interested parties                                        least efficient CPSV unit within each
                                                    off between product class 2 and product                                 regarding DOE’s CPSV product class                                      product class (i.e., the market
                                                    class 3 based on test results of                                        structure, DOE maintains that all                                       minimum). DOE defined the market
                                                    commercial prerinse spray valves with                                   available data and information from                                     minimum levels to be the higher flow
                                                    shower-type spray shapes. DOE testing                                   manufacturers suggests that: (1) Flow                                   rate of either (1) the tested least-efficient
                                                    showed that the upper range of the                                      rate and spray force are strongly                                       unit or (2) the theoretical least-efficient
                                                    market, in terms of flow rate,                                          correlated, and (2) CPSV units with                                     unit at the intersection of the flow rate-
                                                    predominantly includes shower-type                                      different flow rates or spray forces are                                spray force linear relationship and the
                                                    units. DOE found that the lowest tested                                 available in the market and provide                                     spray force bounds. In product class 1,
                                                    spray force of any shower-type unit was                                 distinct consumer utility in the different                              DOE identified the market minimum to
                                                    8.1 ozf. Therefore, to maintain the                                     applications those units are designed to                                be 1.00 gpm, which is a tested unit with
                                                    consumer utility provided by shower-                                    serve. Therefore, in this NODA, DOE                                     a flow rate of 0.97 gpm, rounded-up to
                                                    type units, DOE selected 8.0 ozf to                                     has maintained the product class                                        a whole number. This is greater than the
                                                    differentiate product class 3 units from                                structure presented in the NOPR, with                                   theoretical flow rate at the intersection
                                                    other commercial prerinse spray valves                                  three product classes differentiated by                                 of the flow rate-spray force linear
                                                    available on the market. Additionally,                                  spray force.                                                            relationship and the spray force bound
                                                    this spray force threshold is                                                                                                                   of 5.0 ozf, which is 0.75 gpm. In product
                                                                                                                            1. Summary of Engineering Updates for
                                                    corroborated by T&S Brass’s comments                                                                                                            class 2, DOE identified the market
                                                                                                                            the NODA
                                                    to the Framework document suggesting                                                                                                            minimum level to be 1.20 gpm, which
                                                    three product classes. T&S Brass                                           In addition to the product class                                     is the intersection of the flow rate-spray
                                                    suggested a flow rate cut-off of 1.28 gpm                               structure, DOE received comments on a                                   force linear relationship and the 8.0 ozf
                                                    between the ‘‘low-flow’’ and ‘‘standard’’                               number of assumptions in the                                            spray force bound.
                                                    commercial prerinse spray valves. (T&S                                  engineering analysis presented in the                                      • Based on new test data, DOE
                                                    Brass, No. 12 at p. 3) The flow rate-spray                              NOPR. In response, DOE conducted                                        revised the maximum technologically-
                                                    force linear relationship equates 1.28                                  additional testing of CPSV units to                                     feasible levels (i.e., max-tech) from 0.65,
                                                    gpm to 8.5 ozf. This spray force can be                                 gather more data on the range of CPSV                                   0.97, and 1.24 gpm to 0.62, 0.73, and
                                                    conservatively rounded to 8.0 ozf.                                      products available in the market and                                    1.13 gpm for product class 1, product
                                                      DOE selected 5.0 ozf as the spray                                     updated a number of the assumptions in                                  class 2 and product class 3, respectively.
                                                    force cut-off between product class 1                                   the NOPR engineering analysis.                                             • Based on the updates to the
                                                    and product class 2 based on DOE’s test                                 Specifically, DOE’s revised updates                                     baseline and max-tech levels, DOE
                                                    data and market research, which clearly                                 include the following:                                                  updated the intermediate flow rates for
                                                    showed a cluster of CPSV units above                                       • Based on new test data, DOE                                        product classes 1 and 2 to reflect a 15
                                                    and below that threshold. One cluster of                                updated the flow rate-spray force                                       percent and 25 percent improvement,
                                                    CPSV units had spray force ranges                                       relationship, which is presented in the                                 respectively, over the market minimum
                                                    between 4.1 and 4.8 ozf, and the other                                  accompanying engineering spreadsheet.                                   efficiency. Table II.1 through Table II.3
                                                    cluster was between 5.5 and 7.7 ozf.                                       • Although DOE has observed that for                                 provide the updated ELs for all product
                                                    Therefore, DOE established the                                          product classes 1 and 2 there are                                       classes.

                                                                                                       TABLE II.1—EFFICIENCY LEVELS FOR CPSV PRODUCT CLASS 1
                                                                                                                                               [Spray force ≤ 5 ozf]

                                                                                                                                                                                                                                                  Flow rate
                                                                       Efficiency level                                                                                  Description                                                                gpm

                                                    Baseline ....................................................    Current Federal standard .............................................................................................              1.60
                                                    Level 1 ......................................................   Market minimum ...........................................................................................................          1.00
                                                    Level 2 ......................................................   15% improvement over market minimum ....................................................................                            0.85
                                                    Level 3 ......................................................   25% improvement over market minimum ....................................................................                            0.75
                                                    Level 4 ......................................................   Maximum technologically-feasible (max-tech) .............................................................                           0.62
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                                                                                                       TABLE II.2—EFFICIENCY LEVELS FOR CPSV PRODUCT CLASS 2
                                                                                                                                         [5 ozf < Spray force ≤ 8 ozf]

                                                                                                                                                                                                                                                  Flow rate
                                                                       Efficiency level                                                                                  Description                                                                gpm

                                                    Baseline ....................................................    Current Federal standard .............................................................................................              1.60



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                                                                                  Federal Register / Vol. 80, No. 224 / Friday, November 20, 2015 / Proposed Rules                                                                                       72611

                                                                                             TABLE II.2—EFFICIENCY LEVELS FOR CPSV PRODUCT CLASS 2—Continued
                                                                                                                                             [5 ozf < Spray force ≤ 8 ozf]

                                                                                                                                                                                                                                                      Flow rate
                                                                        Efficiency level                                                                                     Description                                                                gpm

                                                    Level   1   ......................................................   Market minimum ...........................................................................................................          1.20
                                                    Level   2   ......................................................   15% improvement over market minimum ....................................................................                            1.02
                                                    Level   3   ......................................................   25% improvement over market minimum ....................................................................                            0.90
                                                    Level   4   ......................................................   Maximum technologically-feasible (max-tech) .............................................................                           0.73


                                                                                                          TABLE II.3—EFFICIENCY LEVELS FOR CPSV PRODUCT CLASS 3
                                                                                                                                                   [Spray force > 8 ozf]

                                                                                                                                                                                                                                                      Flow rate
                                                                        Efficiency level                                                                                     Description                                                                gpm

                                                    Baseline ....................................................        Current Federal standard .............................................................................................              1.60
                                                    Level 1 ......................................................       10% improvement over baseline .................................................................................                     1.44
                                                    Level 2 ......................................................       WaterSense level; 20% improvement over baseline ...................................................                                 1.28
                                                    Level 3 ......................................................       Maximum technologically-feasible (max-tech) .............................................................                           1.13



                                                    B. Life-Cycle Cost and Payback Period                                       any incremental product costs to                                        default shipments scenario similar to
                                                    Analysis                                                                    recover via lower operating costs.                                      the shipments scenario presented in the
                                                                                                                                   For commercial prerinse spray valves,                                NOPR, while TSL 4a utilizes the
                                                       The life-cycle cost (LCC) and payback                                    DOE performed an energy and water use                                   alternative shipments scenario. The
                                                    period (PBP) analysis determines the                                        analysis that calculated energy and                                     default and alternative shipments
                                                    economic impact of potential standards                                      water use of commercial prerinse spray                                  scenarios are discussed later in this
                                                    on individual consumers. The LCC is                                         valves at each EL within each product                                   section.
                                                    the total cost of purchasing, installing                                    class identified in the engineering                                        The TSLs analyzed in this NODA are
                                                    and operating a commercial prerinse                                         analysis. DOE determined the range of                                   shown in Table II.4. These TSLs were
                                                    spray valve over the course of its                                          annual energy consumption and annual                                    chosen based on the following criteria:
                                                    lifetime. The LCC analysis compares the                                     water consumption using the flow rate                                      • TSL 1 represents the first EL above
                                                    LCC of a commercial prerinse spray                                          of each EL within each product class                                    the market minimum for each product
                                                    valve designed to meet possible energy                                      from the engineering analysis, the                                      class. That is, for product classes 1 and
                                                    conservation standards with the LCC of                                      average annual operating time, and the                                  2, TSL 1 represents EL 2 which is a 15
                                                    a commercial prerinse spray valve likely                                    energy required to heat a gallon of water                               percent savings above the market
                                                    to be installed in the absence of                                           used at the commercial prerinse spray                                   minimum. For product class 3, TSL 1
                                                    amended standards. DOE determines                                           valve. Recognizing that several inputs to                               represents EL 1 which is a 10 percent
                                                    LCCs by considering (1) total installed                                     the determination of consumer LCC and                                   savings above the market minimum
                                                    cost to the consumer (which consists of                                     PBP are either variable or uncertain                                    (which is also the Federal standard
                                                    manufacturer selling price, distribution                                    (e.g., annual energy consumption,                                       level).
                                                    chain markups, and sales taxes), (2) the                                    product lifetime, electricity price,                                       • TSL 2 represents the second EL
                                                    range of annual energy consumption of                                       discount rate), DOE conducts the LCC                                    above market minimum for each
                                                    commercial prerinse spray valves that                                       and PBP analysis by modeling both the                                   product class. That is, for product
                                                    meet each of the ELs considered as they                                     uncertainty and variability in the inputs                               classes 1 and 2, TSL 2 represents EL 3
                                                    are used in the field, (3) the operating                                    using a Monte Carlo simulation and                                      which is a 25 percent savings above the
                                                    cost of commercial prerinse spray valves                                    probability distributions. The primary                                  market minimum. For product class 3,
                                                    (e.g., energy and water costs), (4) CPSV                                    outputs of the LCC and PBP analysis are                                 TSL 3 represents the WaterSense level,
                                                    lifetime, and (5) a discount rate that                                      (1) average LCCs, (2) median PBPs, and                                  or 20 percent savings above the market
                                                                                                                                (3) the percentage of consumers that                                    minimum (i.e., the Federal standard).
                                                    reflects the real consumer cost of capital
                                                                                                                                experience a net cost for each product                                     • TSL 3 represents the minimum flow
                                                    and puts the LCC in present-value
                                                                                                                                class and EL. The average annual energy                                 rates for each product class that would
                                                    terms.                                                                                                                                              not induce consumers to switch product
                                                                                                                                consumption derived in the LCC
                                                       The PBP represents the number of                                         analysis is used as an input to the                                     classes as a result of a standard at those
                                                    years needed to recover the typically                                       National Impact Analysis (NIA).                                         flow rates (as discussed in the CPSV
                                                    increased purchase price of higher-                                                                                                                 NOPR), and retains shower-type
                                                    efficiency commercial prerinse spray                                        C. National Impact Analysis                                             designs. That is, DOE selected the
                                                    valves through savings in operating                                           The NIA estimates the national energy                                 lowest flow rates that would allow
                                                    costs. PBP is calculated by dividing the                                    savings (NES), national water savings                                   consumers to maintain provided utility
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                                                    incremental increase in installed cost of                                   (NWS), and the net present value (NPV)                                  without purchasing units from a
                                                    the higher efficiency product, compared                                     of total consumer costs and savings                                     different product class. As discussed in
                                                    to the baseline product, by the annual                                      expected to result from potential new                                   section II.A, DOE believes that spray
                                                    savings in operating costs. In this                                         standards at each trial standard level                                  force and flow rate are strongly
                                                    analysis, because more efficient                                            (TSL). In this NODA, DOE provides                                       correlated and that specific flow rate-
                                                    products do not cost more than baseline                                     results for a total of five TSLs, one of                                spray force combinations represent
                                                    efficiency products, the PBP is zero,                                       which uses an alternative shipments                                     distinct utility in the market. Therefore,
                                                    meaning that consumers do not have                                          scenario. TSLs 1 through 4 utilize a                                    DOE analyzed TSL 3, which exhibits no


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                                                    72612                          Federal Register / Vol. 80, No. 224 / Friday, November 20, 2015 / Proposed Rules

                                                    product class switching, as the TSL that                                      purchase in the absence of a standard.                   previously used shower-type CPSV, this
                                                    maintains customer utility and                                                This TSL assumes that purchasers of                      alternative shipments scenario analyzes
                                                    availability of products in the                                               shower-type commercial prerinse spray                    the case where, rather than accepting
                                                    marketplace.                                                                  valves would transition to single orifice                the decreased usability of a compliant
                                                      • TSL 4 represents max-tech for all                                         CPSV models but recognizes that the                      CPSV model, consumers of shower-type
                                                    product classes under the default                                             utility or usability of compliant CPSV                   units instead exit the CPSV market and
                                                    shipments scenario, which assumes the                                         models in those applications may be                      purchase faucets, which have a
                                                    total volume of shipments does not                                            impacted.                                                maximum flow rate of 2.2 gpm under
                                                    change as a function of the standard                                            • TSL 4a represents max-tech for all                   the current federal standard. Thus,
                                                    level selected. Consumers in product                                          product classes under an alternative                     shipments of compliant CPSV models
                                                    classes 1 and 2 would purchase a                                              shipments scenario. Since the utility of                 are much lower under this TSL and
                                                    compliant CPSV model with flow rates                                          single-orifice CPSV models may not be                    water consumption higher due to
                                                    most similar to the flow rate they would                                      equivalent in some applications that                     increased faucet shipments.

                                                                                                            TABLE II.4—EFFICIENCY LEVELS BY PRODUCT CLASS AND TSL
                                                                                                                                                                                                                              Shipments
                                                                                                TSL                                                    Product class 1        Product class 2       Product class 3            scenario

                                                    1 ..............................................................................................                     2                      2                     1   Default.
                                                    2 ..............................................................................................                     3                      3                     2   Default.
                                                    3 ..............................................................................................                     1                      1                     2   Default.
                                                    4 ..............................................................................................                     4                      4                     3   Default.
                                                    4a ............................................................................................                      4                      4                     3   Alternate.



                                                       The reported NIA results, in section                                       market, and instead purchase faucets, as                 this and other publicly available
                                                    III.B, reflect the additional testing of                                      a result of the standard. As a result,                   information to estimate and account for
                                                    units DOE conducted after the NOPR (as                                        realized savings resulting from TSL 4a                   the aggregate industry investment in
                                                    discussed in section II.A), and include                                       are reduced compared to savings for                      capital expenditures and research and
                                                    updated product allocations by product                                        TSL 4 under the default shipments                        development required to produce
                                                    class and EL, as well as updated data                                         scenario.                                                compliant products at each EL.
                                                    sources.                                                                         To calculate the NES, NWS, and NPV,                      The GRIM uses this information in
                                                                                                                                  DOE projected future shipments and                       conjunction with inputs from other
                                                       DOE calculated NES, NWS, and NPV
                                                                                                                                  efficiency distributions (for each TSL)                  analyses including MPCs from the
                                                    for each TSL as the difference between                                        for each CPSV product class. After
                                                    a no-new-standards case scenario                                                                                                       engineering analysis, shipments from
                                                                                                                                  further research and consideration of                    the shipments analysis, and price trends
                                                    (without amended standards) and the                                           public comments regarding product
                                                    standards case scenario (with amended                                                                                                  from the NIA to model industry annual
                                                                                                                                  shipments (T&S, No. 23 at pp. 81), DOE                   cash flows from the base year through
                                                    standards). Cumulative energy savings                                         updated its shipments projections from
                                                    are the sum of the annual NES                                                                                                          the end of the analysis period. The
                                                                                                                                  the NOPR to more accurately                              primary quantitative output of this
                                                    determined over the lifetime of                                               characterize the CPSV market. The most
                                                    commercial prerinse spray valves                                                                                                       model is the industry net present value
                                                                                                                                  significant update was allocating more                   (INPV), which DOE calculates as the
                                                    shipped during the analysis period.                                           of the overall market share to product
                                                    Energy savings reported include the                                                                                                    sum of industry cash flows discounted
                                                                                                                                  class 3 relative to product classes 1 and                to the present day using industry
                                                    full-fuel cycle energy savings (i.e.,                                         2 in the default shipments scenario, and
                                                    includes the energy needed to extract,                                                                                                 specific weighted average costs of
                                                                                                                                  the modeling of an alternative                           capital.
                                                    process, and deliver primary fuel                                             shipments scenario where consumers of
                                                    sources such as coal and natural gas,                                                                                                     Standards affect INPV by requiring
                                                                                                                                  shower-type CPSV models do not                           manufacturers to make investments in
                                                    and the conversion and distribution                                           purchase compliant CPSV models in the
                                                    losses of generating electricity from                                                                                                  manufacturing capital and product
                                                                                                                                  standards case and, instead, leave the                   development, and by a change in the
                                                    those fuel sources). Similarly,                                               CPSV market altogether and purchase
                                                    cumulative water savings are the sum of                                                                                                number of shipments. Under potential
                                                                                                                                  faucets. Other inputs to the NIA include                 standards, DOE expects that
                                                    the annual NWS determined over the                                            the estimated CPSV lifetime, final
                                                    lifetime of commercial prerinse spray                                                                                                  manufacturers may lose a portion of
                                                                                                                                  installed costs, and average annual                      their INPV, which is calculated as the
                                                    valves shipped during the analysis                                            energy and water consumption per unit
                                                    period. The NPV is the sum over time                                                                                                   difference between INPV in the no-new-
                                                                                                                                  from the LCC. For detailed NIA results,                  standards case and in the standards
                                                    of the discounted net savings each year,                                      see Table III.4 and Table III.5.
                                                    which consists of the difference                                                                                                       case. DOE examines a range of possible
                                                    between total operating cost savings and                                      D. Manufacturer Impact Analysis                          impacts on industry by modeling
                                                    any changes in total installed costs. NPV                                        For the manufacturer impact analysis                  scenarios with various levels of
                                                                                                                                                                                           investment.
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                                                    results are reported for discount rates of                                    (MIA), DOE used the Government
                                                    3 percent and 7 percent. Under the                                            Regulatory Impact Model (GRIM) to                        III. Results of the Economic Analyses
                                                    alternative shipments scenario, DOE                                           assess the economic impact of potential
                                                    accounts for the energy and water use of                                      standards on CPSV manufacturers. DOE                     A. Economic Impacts on Consumers
                                                    CPSV models that remain within the                                            developed key industry average                             Table III.1 through Table III.3 provide
                                                    scope of this rule and also accounts for                                      financial parameters for the GRIM using                  LCC and PBP results for all ELs and the
                                                    the change in energy or water use for                                         publicly available data from corporate                   corresponding TSLs discussed in
                                                    consumers that chose to exit the CPSV                                         annual reports. Additionally, DOE used                   section II.C.



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                                                                                   Federal Register / Vol. 80, No. 224 / Friday, November 20, 2015 / Proposed Rules                                                                            72613

                                                                                                                TABLE III.1—PRODUCT CLASS 1 LCC AND PBP RESULTS
                                                                                                                                     Product class 1 (spray force ≤ 5 ozf)

                                                                                                                                                                                     Average costs                                           Simple
                                                                                                                                                                                        2014$                                               payback
                                                                                 TSL                                    Efficiency level                                                                                                     period
                                                                                                                                                                              First year’s         Lifetime
                                                                                                                                                 Installed cost                                                          LCC *               years
                                                                                                                                                                             operating cost     operating cost

                                                    — ..............................................................                      0                       76                   780              3,566                  3,643                  0.0
                                                    3 ...............................................................                     1                       76                   487              2,229                  2,305                  0.0
                                                    1 ...............................................................                     2                       76                   414              1,895                  1,971                  0.0
                                                    2 ...............................................................                     3                       76                   366              1,672                  1,748                  0.0
                                                    4, 4a .........................................................                       4                       76                   302              1,382                  1,458                  0.0
                                                      * The average discounted LCC for each EL is calculated assuming that all purchases are for equipment only with that EL. This allows the
                                                    LCCs for each EL to be compared under the same conditions.

                                                                                                                TABLE III.2—PRODUCT CLASS 2 LCC AND PBP RESULTS
                                                                                                                            Product class 2 (spray force > 5 ozf and ≤ 8 ozf)

                                                                                                                                                                                     Average costs                                           Simple
                                                                                                                                                                                        2014$                                               payback
                                                                                 TSL                                    Efficiency level                                                                                                     period
                                                                                                                                                                              First year’s         Lifetime
                                                                                                                                                 Installed cost                                                          LCC *               years
                                                                                                                                                                             operating cost     operating cost

                                                    — ..............................................................                      0                       76                   780              3,566                  3,643                  0.0
                                                    3 ...............................................................                     1                       76                   585              2,675                  2,751                  0.0
                                                    1 ...............................................................                     2                       76                   497              2,274                  2,350                  0.0
                                                    2 ...............................................................                     3                       76                   439              2,006                  2,082                  0.0
                                                    4, 4a .........................................................                       4                       76                   356              1,627                  1,704                  0.0
                                                      * The average discounted LCC for each EL is calculated assuming that all purchases are for equipment only with that EL. This allows the
                                                    LCCs for each EL to be compared under the same conditions.

                                                                                                                TABLE III.3—PRODUCT CLASS 3 LCC AND PBP RESULTS
                                                                                                                                     Product class 3 (spray force > 8 ozf)

                                                                                                                                                                                     Average costs                                           Simple
                                                                                                                                                                                        2014$                                               payback
                                                                                 TSL                                    Efficiency level                                                                                                     period
                                                                                                                                                                              First year’s         Lifetime
                                                                                                                                                 Installed cost                                                          LCC *               years
                                                                                                                                                                             operating cost     operating cost

                                                    — ..............................................................                      0                       76                   780              3,566                  3,643                  0.0
                                                    1 ...............................................................                     1                       76                   702              3,210                  3,286                  0.0
                                                    2, 3 ...........................................................                      2                       76                   624              2,853                  2,929                  0.0
                                                    4 ** ............................................................                     3                       76                   551              2,519                  2,595                  0.0
                                                      * The average discounted LCC for each EL is calculated assuming that all purchases are for equipment only with that EL. This allows the
                                                    LCCs for each EL to be compared under the same conditions.
                                                      ** LCC results are not presented for TSL 4a since the analysis assumes those consumers have left the CPSV market.


                                                    B. Economic Impacts on the Nation
                                                       Table III.4 provides energy and water
                                                    impacts associated with each TSL. Table
                                                    III.5 provides NPV results.

                                                            TABLE III.4—COMMERCIAL PRERINSE SPRAY VALVES: CUMULATIVE NATIONAL ENERGY AND WATER SAVINGS FOR
                                                                                             PRODUCTS SHIPPED IN 2019–2048
                                                                                                                                                                                        National energy savings                        National water
                                                                                                                                                                                                quads *
                                                                    TSL                                                   Product class                                                                                                   savings
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                                                                                                                                                                                                                                         billion gal
                                                                                                                                                                                     Primary                     FFC

                                                    1 ......................................   1 (≤5 ozf) ................................................................                     0.008                    0.009                  10.831
                                                                                               2 (>5 ozf and ≤8 ozf) ..............................................                            0.113                    0.123                 144.916
                                                                                               3 (>8 ozf) ................................................................                    (0.082)                  (0.089)               (105.275)

                                                                                               TOTAL TSL 1 .........................................................                          0.039                    0.043                   50.471




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                                                    72614                          Federal Register / Vol. 80, No. 224 / Friday, November 20, 2015 / Proposed Rules

                                                            TABLE III.4—COMMERCIAL PRERINSE SPRAY VALVES: CUMULATIVE NATIONAL ENERGY AND WATER SAVINGS FOR
                                                                                       PRODUCTS SHIPPED IN 2019–2048—Continued
                                                                                                                                                                                             National energy savings                  National water
                                                                                                                                                                                                     quads *
                                                                    TSL                                                    Product class                                                                                                 savings
                                                                                                                                                                                                                                        billion gal
                                                                                                                                                                                         Primary                     FFC

                                                    2 ......................................   1 (≤5 ozf) ................................................................                         0.008                    0.009               10.831
                                                                                               2 (>5 ozf and ≤8 ozf) ..............................................                                0.244                    0.264              311.926
                                                                                               3 (>8 ozf) ................................................................                        (0.165)                  (0.179)            (210.875)

                                                                                               TOTAL TSL 2 .........................................................                               0.087                   0.095              111.882

                                                    3 ......................................   1 (≤5 ozf) ................................................................                         0.000                   0.000                0.000
                                                                                               2 (>5 ozf and ≤8 ozf) ..............................................                                0.000                   0.000                0.000
                                                                                               3 (>8 ozf) ................................................................                         0.093                   0.101              119.572

                                                                                               TOTAL TSL 3 .........................................................                               0.093                   0.101              119.572

                                                    4 ......................................   1 (≤5 ozf) ................................................................                         0.059                    0.064               75.815
                                                                                               2 (>5 ozf and ≤8 ozf) ..............................................                                0.196                    0.212              250.516
                                                                                               3 (>8 ozf) ................................................................                        (0.092)                  (0.100)            (118.272)

                                                                                               TOTAL TSL 4 .........................................................                               0.163                   0.176              208.059

                                                    4a ....................................    1 (≤5 ozf) ................................................................                         0.059                    0.064               75.815
                                                                                               2 (>5 ozf and ≤8 ozf) ..............................................                                0.196                    0.212              250.516
                                                                                               3 (>8 ozf) ................................................................                        (0.463)                  (0.502)            (593.418)

                                                                                               TOTAL TSL 4a .......................................................                               (0.208)                  (0.226)            (267.087)
                                                       * quads = quadrillion British thermal units.

                                                      TABLE III.5—COMMERCIAL PRERINSE SPRAY VALVES: CUMULATIVE NET PRESENT VALUE OF CONSUMER BENEFITS FOR
                                                                                         PRODUCTS SHIPPED IN 2019–2048
                                                                                                                                                                                                                          Net present value
                                                                                                                                                                                                                            billion $2014
                                                                          TSL                                                                     Product class
                                                                                                                                                                                                                   7-Percent             3-Percent
                                                                                                                                                                                                                 discount rate         discount rate

                                                    1 ..................................................   1 (≤5 ozf) ........................................................................................             $0.067               $0.137
                                                                                                           2 (>5 ozf and ≤8 ozf) ......................................................................                    $0.892               $1.828
                                                                                                           3 (>8 ozf) ........................................................................................            ($0.656)             ($1.342)

                                                                                                           TOTAL TSL 1 .................................................................................                  $0.303               $0.623

                                                    2 ..................................................   1 (≤5 ozf) ........................................................................................             $0.067               $0.137
                                                                                                           2 (>5 ozf and ≤8 ozf) ......................................................................                    $1.924               $3.943
                                                                                                           3 (>8 ozf) ........................................................................................            ($1.319)             ($2.699)

                                                                                                           TOTAL TSL 2 .................................................................................                  $0.672               $1.381

                                                    3 ..................................................   1 (≤5 ozf) ........................................................................................            $0.000               $0.000
                                                                                                           2 (>5 ozf and ≤8 ozf) ......................................................................                   $0.000               $0.000
                                                                                                           3 (>8 ozf) ........................................................................................            $0.718               $1.476

                                                                                                           TOTAL TSL 3 .................................................................................                  $0.718               $1.476

                                                    4 ..................................................   1 (≤5 ozf) ........................................................................................             $0.473               $0.968
                                                                                                           2 (>5 ozf and ≤8 ozf) ......................................................................                    $1.539               $3.156
                                                                                                           3 (>8 ozf) ........................................................................................            ($0.763)             ($1.557)

                                                                                                           TOTAL TSL 4 .................................................................................                  $1.249               $2.568

                                                    4a * ..............................................    1 (≤5 ozf) ........................................................................................             $0.473               $0.968
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                                                                                                           2 (>5 ozf and ≤8 ozf) ......................................................................                    $1.539               $3.156
                                                                                                           3 (>8 ozf) ........................................................................................            ($3.616)             ($7.421)

                                                                                                           TOTAL TSL 4a ...............................................................................                   ($1.604)             ($3.297)
                                                       * In TSL 4a, DOE assumed that the installed costs for faucets and commercial prerinse spray valves are equal.




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                                                                              Federal Register / Vol. 80, No. 224 / Friday, November 20, 2015 / Proposed Rules                                                         72615

                                                    C. Economic Impacts on Manufacturers                                 conversion cost scenario. Table III.7                        the fabricated materials conversion cost
                                                      Table III.6 provides manufacturer                                  provides manufacturer impacts under                          scenario.
                                                    impacts under the sourced materials
                                                         TABLE III.6—MANUFACTURER IMPACT ANALYSIS FOR COMMERCIAL PRERINSE SPRAY VALVES UNDER THE SOURCED
                                                                                       MATERIALS CONVERSION COST SCENARIO
                                                                                                           No-new-                                                            Trial standard level
                                                                                    Units                 standards
                                                                                                             case                         1                     2                      3                4             4a

                                                    INPV .................   2014$ MM .......                             8.6                   7.7                    7.5                   8.0              7.1            5.0
                                                    Change in INPV           2014$ MM .......          ........................                (0.8)                  (1.1)                 (0.6)            (1.5)          (3.6)
                                                      ($).
                                                    Change in INPV           % .....................   ........................                (9.9)                 (12.8)                 (6.5)           (17.4)         (41.8)
                                                      (%).
                                                    Product Conver-          2014$ MM .......          ........................                 1.5                    1.8                   0.8              2.4            2.4
                                                      sion Costs.
                                                    Capital Conver-          2014$ MM .......          ........................                 0.1                    0.2                   0.2              0.2            0.2
                                                      sion Costs.
                                                    Total Investment         2014$ MM .......          ........................                 1.6                    2.0                   1.0              2.6            2.6
                                                      Required.


                                                       TABLE III.7—MANUFACTURER IMPACT ANALYSIS FOR COMMERCIAL PRERINSE SPRAY VALVES UNDER THE FABRICATED
                                                                                       MATERIALS CONVERSION COST SCENARIO
                                                                                                           No-new-                                                            Trial standard level
                                                                                    Units                 standards
                                                                                                             case                         1                     2                      3                4             4a

                                                    INPV .................   2014$ MM .......                             8.6                   7.1                    6.7                   7.4              6.2            4.1
                                                    Change in INPV           2014$ MM .......          ........................                (1.5)                  (1.8)                 (1.1)            (2.4)          (4.5)
                                                      ($).
                                                    Change in INPV           % .....................   ........................               (17.5)                 (21.4)                (13.1)           (28.0)         (52.3)
                                                      (%).
                                                    Product Conver-          2014$ MM .......          ........................                 1.5                    1.8                   0.8              2.4            2.4
                                                      sion Costs.
                                                    Capital Conver-          2014$ MM .......          ........................                 0.8                    1.0                   0.8              1.2            1.2
                                                      sion Costs.
                                                    Total Investment         2014$ MM .......          ........................                 2.3                    2.8                   1.6              3.6            3.6
                                                      Required.



                                                    IV. Public Participation                  DOE Building Technologies staff. Your                                                     Do not submit to www.regulations.gov
                                                                                              contact information will not be publicly                                                information for which disclosure is
                                                       While DOE is not requesting
                                                    comments on specific portions of the      viewable except for your first and last                                                 restricted by statute, such as trade
                                                    analysis, DOE is interested in receiving  names, organization name (if any), and                                                  secrets and commercial or financial
                                                    comments on all aspects of the data and submitter representative name (if any).                                                   information (hereinafter referred to as
                                                    analysis presented in the NODA and        If your comment is not processed                                                        Confidential Business Information
                                                    supporting documentation that can be      properly because of technical                                                           (CBI)). Comments submitted through
                                                    found at: https://www1.eere.energy.gov/ difficulties, DOE will use this                                                           www.regulations.gov cannot be claimed
                                                    buildings/appliance_standards/            information to contact you. If DOE                                                      as CBI. Comments received through the
                                                    product.aspx/productid/54.                cannot read your comment due to                                                         Web site will waive any CBI claims for
                                                                                              technical difficulties and cannot contact                                               the information submitted. For
                                                    A. Submission of Comments                 you for clarification, DOE may not be                                                   information on submitting CBI, see the
                                                       DOE will accept comments, data, and able to consider your comment.                                                             Confidential Business Information
                                                    information regarding this notice no         However, your contact information                                                    section below.
                                                    later than the date provided in the DATES will be publicly viewable if you include                                                  DOE processes submissions made
                                                    section at the beginning of this notice.  it in the comment itself or in any                                                      through www.regulations.gov before
                                                    Interested parties may submit             documents attached to your comment.
                                                                                                                                                                                      posting. Normally, comments will be
                                                    comments, data, and other information     Any information that you do not want
                                                    using any of the methods described in                                                                                             posted within a few days of being
                                                                                              to be publicly viewable should not be
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                                                    the ADDRESSES section at the beginning                                                                                            submitted. However, if large volumes of
                                                                                              included in your comment, nor in any
                                                    of this notice.                           document attached to your comment.                                                      comments are being processed
                                                       Submitting comments via                Otherwise, persons viewing comments                                                     simultaneously, your comment may not
                                                    www.regulations.gov. The                  will see only first and last names,                                                     be viewable for up to several weeks.
                                                    www.regulations.gov Web page will         organization names, correspondence                                                      Please keep the comment tracking
                                                    require you to provide your name and      containing comments, and any                                                            number that www.regulations.gov
                                                    contact information. Your contact         documents submitted with the                                                            provides after you have successfully
                                                    information will only be viewable to      comments.                                                                               uploaded your comment.


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                                                    72616                 Federal Register / Vol. 80, No. 224 / Friday, November 20, 2015 / Proposed Rules

                                                       Submitting comments via email, hand                  generally known by or available from                  Counsel, or Ms. Jessica Selinkoff,
                                                    delivery/courier, or mail. Comments and                 other sources, (4) whether the                        Attorney, 999 E Street NW.,
                                                    documents submitted via email, hand                     information has previously been made                  Washington, DC 20463, (202) 694–1650
                                                    delivery, or mail will also be posted to                available to others without obligation                or (800) 424–9530.
                                                    www.regulations.gov. If you do not want                 concerning its confidentiality, (5) an                SUPPLEMENTARY INFORMATION: On
                                                    your personal contact information to be                 explanation of the competitive injury to              September 11, 2014, the Commission
                                                    publicly viewable, do not include it in                 the submitting person which would                     received a Petition for Rulemaking from
                                                    your comment or any accompanying                        result from public disclosure, (6) when               Level the Playing Field regarding the
                                                    documents. Instead, provide your                        such information might lose its                       Commission’s regulation at 11 CFR
                                                    contact information in a cover letter.                  confidential character due to the                     110.13(c). That regulation governs the
                                                    Include your first and last names, email                passage of time, and (7) why disclosure               criteria that debate staging organizations
                                                    address, telephone number, and                          of the information would be contrary to               (which the petitioner refers to as
                                                    optional mailing address. The cover                     the public interest.                                  ‘‘sponsors’’) use for inclusion in
                                                    letter will not be publicly viewable as                   It is DOE’s policy that all comments                candidate debates. The regulation
                                                    long as it does not include any                         may be included in the public docket,                 requires staging organizations to ‘‘use
                                                    comments.                                               without change and as received,                       pre-established objective criteria to
                                                       Include contact information each time                including any personal information                    determine which candidates may
                                                    you submit comments, data, documents,                   provided in the comments (except                      participate in a debate’’ and further
                                                    and other information to DOE. If you                    information deemed to be exempt from                  specifies that, for general election
                                                    submit via mail or hand delivery/                       public disclosure).                                   debates, staging organizations ‘‘shall not
                                                    courier, please provide all items on a                                                                        use nomination by a particular political
                                                    CD, if feasible, in which case it is not                V. Approval of the Office of the
                                                                                                            Secretary                                             party as the sole objective criterion to
                                                    necessary to submit printed copies. No                                                                        determine whether to include a
                                                    facsimiles (faxes) will be accepted.                      The Secretary of Energy has approved                candidate in a debate.’’ 11 CFR
                                                       Comments, data, and other                            publication of this notice of data                    110.13(c). The petition asks the
                                                    information submitted to DOE                            availability.
                                                    electronically should be provided in                                                                          Commission to amend 11 CFR 110.13(c)
                                                    portable document format (PDF)
                                                                                                              Issued in Washington, DC, on November               in two respects: (1) To preclude
                                                                                                            16, 2015.                                             sponsors of general election presidential
                                                    (preferred), Microsoft Word or Excel,
                                                    WordPerfect, or text (ASCII) file format.
                                                                                                            Kathleen B. Hogan,                                    and vice presidential debates from
                                                    Provide documents that are not secured,                 Deputy Assistant Secretary for Energy                 requiring that a candidate meet a polling
                                                    that are written in English, and that are               Efficiency, Energy Efficiency and Renewable           threshold in order to be included in the
                                                                                                            Energy.                                               debate; and (2) to require sponsors of
                                                    free of any defects or viruses.
                                                    Documents should not contain special                    [FR Doc. 2015–29676 Filed 11–19–15; 8:45 am]          general election presidential and vice
                                                    characters or any form of encryption                    BILLING CODE 6450–01–P                                presidential debates to have a set of
                                                    and, if possible, they should carry the                                                                       objective, unbiased criteria for debate
                                                    electronic signature of the author.                                                                           participation that do not require
                                                       Campaign form letters. Please submit                 FEDERAL ELECTION COMMISSION                           candidates to satisfy a polling threshold.
                                                    campaign form letters by the originating                                                                         The Commission published a Notice
                                                    organization in batches of between 50                   11 CFR Part 110                                       of Availability seeking comment on the
                                                    and 500 form letters per PDF or as one                  [Notice 2015–11]
                                                                                                                                                                  petition on November 14, 2014.
                                                    form letter with a list of supporters’                                                                        Candidate Debates, 79 FR 68137. The
                                                    names compiled into one or more PDFs.                   Candidate Debates                                     Commission received 1264 comments in
                                                    This reduces comment processing and                                                                           response to that notice. One comment,
                                                                                                            AGENCY: Federal Election Commission.                  that of an organization that stages
                                                    posting time.
                                                       Confidential Business Information.                   ACTION: Notice of Disposition of Petition             presidential and vice presidential
                                                    Pursuant to 10 CFR 1004.11, any person                  for Rulemaking.                                       debates, opposed the petition; the
                                                    submitting information that he or she                                                                         remaining comments either supported
                                                                                                            SUMMARY:    The Commission announces                  the petition or took no position thereon.
                                                    believes to be confidential and exempt                  its disposition of a Petition for
                                                    by law from public disclosure should                                                                             The petition and many of the
                                                                                                            Rulemaking (‘‘petition’’) filed on                    comments supporting it argue that a
                                                    submit two well-marked copies: One                      September 11, 2014, by Level the
                                                    copy of the document marked                                                                                   staging organization’s requirement that a
                                                                                                            Playing Field. The petition asks the                  candidate meet a polling threshold for
                                                    ‘‘confidential’’ including all the                      Commission to amend its regulation on
                                                    information believed to be confidential,                                                                      inclusion in a debate unfairly benefits
                                                                                                            candidate debates to revise the criteria              major party candidates at the expense of
                                                    and one copy of the document marked                     governing the inclusion of candidates in
                                                    ‘‘non-confidential’’ with the information                                                                     independent and third party candidates.
                                                                                                            presidential and vice presidential                    As an alternative, the petition and some
                                                    believed to be confidential deleted.                    candidate debates. The Commission is
                                                    Submit these documents via email or on                                                                        of the comments proposed requiring
                                                                                                            not initiating a rulemaking at this time.             staging organizations to include each
                                                    a CD, if feasible. DOE will make its own
                                                                                                            DATES: November 20, 2015.                             candidate who has qualified for the
                                                    determination about the confidential
                                                    status of the information and treat it                  ADDRESSES: The petition and other                     general election ballot in states that
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                                                    according to its determination.                         documents relating to this matter are                 collectively have enough Electoral
                                                       Factors of interest to DOE when                      available on the Commission’s Web site,               College votes for the candidate to attain
                                                    evaluating requests to treat submitted                  www.fec.gov/fosers (reference REG                     the presidency.1 The petition states that
                                                    information as confidential include: (1)                2014–06), and in the Commission’s
                                                    A description of the items, (2) whether                 Public Records Office, 999 E Street NW.,                1 Specifically, the petitioner proposes that a

                                                                                                            Washington, DC 20463.                                 presidential candidate who, at a given date during
                                                    and why such items are customarily                                                                            the election year, has secured ballot access in states
                                                    treated as confidential within the                      FOR FURTHER INFORMATION CONTACT: Mr.                  that collectively have at least 270 Electoral College
                                                    industry, (3) whether the information is                Robert M. Knop, Assistant General                     votes (of a total possible 538 votes), could



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Document Created: 2015-12-14 13:59:13
Document Modified: 2015-12-14 13:59:13
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionProposed Rules
ActionNotice of data availability (NODA); withdrawal and republication.
DatesDOE will accept comments, data, and information regarding this NODA submitted no later than December 4, 2015. See section IV, ``Public Participation,'' for details.
ContactMr. James Raba, U.S. Department of Energy, Office of Energy Efficiency and Renewable Energy, Building Technologies Office, EE-5B, 1000 Independence Avenue SW., Washington, DC 20585-0121. Telephone: (202) 586-8654. Email: [email protected] Mr. Peter Cochran, U.S. Department of Energy, Office of the General Counsel, GC-33, 1000 Independence Avenue SW., Washington, DC 20585- 0121. Telephone: (202) 586-9496. Email: [email protected] For further information on how to submit a comment, review other public comments and the docket, or participate in the public meeting, contact Ms. Brenda Edwards at (202) 586-2945 or by email: [email protected]
FR Citation80 FR 72608 
RIN Number1904-AD31
CFR Citation10 CFR 429
10 CFR 431

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