Rule2021-15759
Energy Conservation Program: Test Procedure for Dedicated-Purpose Pool Pump Motors
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
July 29, 2021
Effective
September 27, 2021
Issuing agencies
Energy Department
Abstract
On October 5, 2020, the U.S. Department of Energy ("DOE") issued a notice of proposed rulemaking ("NOPR") to establish a test procedure and an accompanying labeling requirement for dedicated purpose pool pump ("DPPP") motors. This final rule establishes a test procedure for DPPP motors. Specifically, the final rule incorporates by reference an industry standard pertaining to DPPP definitions; and requires the use of an industry testing standard for testing the energy efficiency of DPPP motors. This final rule does not establish a labeling requirement and DOE intends to address any such labeling and/ or energy conservation standards requirement in a separate notification.
Full Text
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<title>Federal Register, Volume 86 Issue 143 (Thursday, July 29, 2021)</title>
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[Federal Register Volume 86, Number 143 (Thursday, July 29, 2021)]
[Rules and Regulations]
[Pages 40765-40775]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-15759]
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DEPARTMENT OF ENERGY
10 CFR Part 431
[EERE-2017-BT-STD-0048]
RIN 1904-AE38
Energy Conservation Program: Test Procedure for Dedicated-Purpose
Pool Pump Motors
AGENCY: Office of Energy Efficiency and Renewable Energy, Department of
Energy.
ACTION: Final rule.
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SUMMARY: On October 5, 2020, the U.S. Department of Energy (``DOE'')
issued a notice of proposed rulemaking (``NOPR'') to establish a test
procedure and an accompanying labeling requirement for dedicated
purpose pool pump (``DPPP'') motors. This final rule establishes a test
procedure for DPPP motors. Specifically, the final rule incorporates by
reference an industry standard pertaining to DPPP definitions; and
requires the use of an industry testing standard for testing the energy
efficiency of DPPP motors. This final rule does not establish a
labeling requirement and DOE intends to address any such labeling and/
or energy conservation standards requirement in a separate
notification.
DATES: The effective date of this rule is September 27, 2021. The
incorporation by reference of certain publications listed in this rule
is approved by the Director of the Federal Register as of September 27,
2021.
ADDRESSES: The docket, which includes Federal Register notices, public
meeting attendee lists and transcripts, comments, and other supporting
documents/materials, is available for review at <a href="http://www.regulations.gov">www.regulations.gov</a>.
All documents in the docket are listed in the <a href="http://www.regulations.gov">www.regulations.gov</a>
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 <a href="http://www.regulations.gov/docket?D=EERE-2017-BT-STD-0048">www.regulations.gov/docket?D=EERE-2017-BT-STD-0048</a>. The docket web page contains
instructions on how to access all documents, including public comments,
in the docket.
For further information on how to review the docket contact the
Appliance and Equipment Standards Program staff at (202) 287-1445 or by
email: <a href="/cdn-cgi/l/email-protection#511021213d38303f32340225303f35302335220024342225383e3f221134347f353e347f363e27"><span class="__cf_email__" data-cfemail="307140405c59515e53556344515e54514254436145554344595f5e437055551e545f551e575f46">[email protected]</span></a>.
FOR FURTHER INFORMATION CONTACT: Mr. Jeremy Dommu, U.S. Department of
Energy, Office of Energy Efficiency and Renewable Energy, Building
Technologies Office, EE-2J, 1000 Independence Avenue SW, Washington,
[[Page 40766]]
DC 20585-0121. Telephone: (202) 586-9870. Email
<a href="/cdn-cgi/l/email-protection#7c3d0c0c10151d121f192f081d12181d0e180f2d09190f081513120f3c191952181319521b130a"><span class="__cf_email__" data-cfemail="e0a190908c89818e8385b394818e8481928493b195859394898f8e93a08585ce848f85ce878f96">[email protected]</span></a>.
Ms. Amelia Whiting, U.S. Department of Energy, Office of the
General Counsel, GC-33, 1000 Independence Avenue SW, Washington, DC
20585-0121. Telephone: (202) 586-2588. Email:
<a href="/cdn-cgi/l/email-protection#d9b8b4bcb5b0b8f7aeb1b0adb0b7be99b1a8f7bdb6bcf7beb6af"><span class="__cf_email__" data-cfemail="c2a3afa7aeaba3ecb5aaabb6abaca582aab3eca6ada7eca5adb4">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION: DOE incorporates by reference the following
industry standards into 10 CFR part 431:
CSA C747-09 (Reaffirmed 2014), ``Energy Efficiency Test Methods for
Small Motors,'' as revised through August 2016, including Update No. 1.
Copies of CSA C747-09, can be obtained from the Canadian Standards
Association (``CSA''), Sales Department, 5060 Spectrum Way, Suite 100,
Mississauga, Ontario, L4W 5N6, Canada, 1-800-463-6727, or <a href="https://www.csagroup.org/store">https://www.csagroup.org/store</a>.
UL 1004-10:2020, ``Standard for Safety for Pool Pump Motors'',
First Edition, Dated February 28, 2020.
Copies of UL 1004-10:2020, Edition 1, can be obtained from
Underwriters Laboratories (``UL''), 333 Pfingsten Road, Northbrook,
Illinois, 60062, (841) 272-8800 or <a href="https://www.ul.com">https://www.ul.com</a>.
For a further discussion of these standards, see section IV.N.
Table of Contents
I. Authority and Background
A. Authority
B. Background
II. Synopsis of the Final Rule
III. Discussion
A. Scope of Applicability
B. Definitions
C. Test Procedures
D. Metric
E. Harmonization With Industry Standards
F. Effective Date
IV. Procedural Issues and Regulatory Review
A. Review Under Executive Order 12866
B. Review Under the Regulatory Flexibility Act
C. Review Under the Paperwork Reduction Act of 1995
D. Review Under the National Environmental Policy Act of 1969
E. Review Under Executive Order 13132, ``Federalism''
F. Review Under Executive Order 12988, ``Civil Justice Reform''
G. Review Under the Unfunded Mandates Reform Act of 1995
H. Review Under the Treasury and General Government
Appropriations Act, 1999
I. Review Under Executive Order 12630
J. Review Under Treasury and General Government Appropriations
Act, 2001
K. Review Under Executive Order 13211
L. Review Under Section 32 of the Federal Energy Administration
Act of 1974
M. Congressional Notification
N. Description of Materials Incorporated by Reference
V. Approval of the Office of the Secretary
I. Authority and Background
Electric motors are included in the list of ``covered equipment''
for which DOE is authorized to establish and amend energy conservation
standards, test procedures, and labeling requirements. (42 U.S.C.
6311)(1)(A)). Electric motors include dedicated-purpose pool pump
motors (``DPPP motors'' or ``pool pump motors''), the subject of this
rulemaking.\1\ The following sections discuss DOE's authority to
establish a test procedure for DPPP motors, and relevant background
information regarding DOE's consideration of a test procedure for this
equipment.
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\1\ An electric motor is defined as ``a machine that converts
electrical power into rotational mechanical power.'' 10 CFR 431.12.
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A. Authority
The Energy Policy and Conservation Act, as amended (``EPCA''),\2\
among other things, authorizes DOE to regulate the energy efficiency of
a number of consumer products and certain industrial equipment. (42
U.S.C. 6291-6317) Title III, Part C \3\ of EPCA, added by Public Law
95-619, Title IV, section 441(a), established the Energy Conservation
Program for Certain Industrial Equipment, which sets forth a variety of
provisions designed to improve energy efficiency. This equipment
includes those electric motors that are DPPP motors, the subject of
this document. (42 U.S.C. 6311(1)(A))
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\2\ All references to EPCA in this document refer to the statute
as amended through the Energy Act of 2020, Public Law 116-260 (Dec.
27, 2020).
\3\ For editorial reasons, upon codification in the U.S. Code,
Part C was redesignated Part A-1.
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The energy conservation program under EPCA consists essentially of
four parts: (1) Testing, (2) labeling, (3) Federal energy conservation
standards, and (4) certification and enforcement procedures. Relevant
provisions of EPCA specifically include definitions (42 U.S.C. 6311),
energy conservation standards (42 U.S.C. 6313), test procedures (42
U.S.C. 6314), labeling provisions (42 U.S.C. 6315), and the authority
to require information and reports from manufacturers (42 U.S.C. 6316).
The Federal testing requirements consist of test procedures that
manufacturers of covered equipment must use as the basis for: (1)
Certifying to DOE that their equipment complies with the applicable
energy conservation standards adopted pursuant to EPCA (42 U.S.C.
6316(a); 42 U.S.C. 6295(s)), and (2) making representations about the
efficiency of that equipment (42 U.S.C. 6314(d)). Similarly, DOE must
use these test procedures to determine whether the equipment complies
with relevant standards promulgated under EPCA. (42 U.S.C. 6316(a); 42
U.S.C. 6295(s))
Federal energy efficiency requirements for covered equipment
established under EPCA generally supersede State laws and regulations
concerning energy conservation testing, labeling, and standards. (42
U.S.C. 6316(a) and (b); 42 U.S.C. 6297)
Under 42 U.S.C. 6314, EPCA outlines the criteria and procedures DOE
must follow in prescribing test procedures for covered equipment. EPCA
requires that any test procedure prescribed or amended under this
section must be reasonably designed to produce test results which
reflect energy efficiency, energy use, and estimated operating costs of
a type of industrial equipment (or class thereof) during a
representative average use cycle (as determined by the Secretary), and
shall not be unduly burdensome to conduct. (42 U.S.C. 6314(a)(2))
Before issuing a final test procedure, the Secretary shall publish the
proposed test procedure in the Federal Register and afford interested
persons an opportunity (of not less than 45 days' duration) to present
oral and written data, views, and arguments on the proposed test
procedures. (42 U.S.C. 6314(b))
When the Secretary has issued a test procedure under section 6314
of EPCA for a specific class of industrial equipment, the Secretary
shall also prescribe a labeling rule for that equipment, subject to
certain statutory criteria. (42 U.S.C. 6315(a)) EPCA establishes
specific requirements for the labeling of classes of equipment,
including electric motors, for which test procedures have been
established. (42 U.S.C. 6315(a), (b) and (d)) The labeling rule shall
provide that the labeling of any electric motor manufactured after the
12-month period beginning on the date the Secretary prescribes such
labeling rules, shall: (1) Indicate the energy efficiency of the motor
on the permanent nameplate attached to such motor; (2) prominently
display the energy efficiency of the motor in equipment catalogs and
other material used to market the equipment; and (3) include such other
markings as the Secretary determines necessary solely to facilitate
enforcement of the standards established for electric motors under
section 6313 of this title. (42 U.S.C. 6315(d)) DOE is publishing this
final rule to establish a test procedure for DPPP motors pursuant to
its authority under EPCA. As stated, DOE intends to address labeling in
a separate notification.
[[Page 40767]]
B. Background
DPPP motors are electric motors, which are defined as machines that
convert electrical power into rotational mechanical power. 10 CFR
431.12. DOE has established test procedures, labeling requirements, and
energy conservation standards for certain electric motors (10 CFR part
431, subpart B), but those requirements do not apply to DPPP motors
subject to the testing requirements of this final rule. DPPP motors
subject to the testing requirements of this final rule had not
previously been subject to any Federal energy conservation standards,
test procedures, or labeling requirements because they do not fall
within any of the specific classes of electric motors that are
currently regulated by DOE. \4\ However, DPPP motors are electric
motors and, therefore, are and have been among the types of industrial
equipment for which Congress has authorized DOE to establish applicable
regulations under EPCA without need for DOE to undertake any additional
prior administrative action.
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\4\ The current energy conservation standards at 10 CFR 431.425
apply to electric motors that satisfy nine criteria listed at 10 CFR
431.425(g), subject to the exemptions listed at 10 CFR 431.25(l).
The nine criteria are as follows: (1) Are single-speed, induction
motors; (2) are rated for continuous duty (MG1) operation or for
duty type S1 (IEC); (3) contain a squirrel-cage (MG1) or cage (IEC)
rotor; (4) operate on polyphase alternating current 60-hertz
sinusoidal line power; (5) are rated 600 volts or less; (6) have a
2-, 4-, 6-, or 8-pole configuration; (7) are built in a three digit
or four-digit NEMA frame size (or IEC metric equivalent), including
those designs between two consecutive NEMA frame sizes (or IEC
metric equivalent), or an enclosed 56 NEMA frame size (or IEC metric
equivalent); (8) produce at least one horsepower (0.746 kW) but not
greater than 500 horsepower (373 kW), and; (9) meet all of the
performance requirements of one of the following motor types: A NEMA
Design A, B, or C motor or an IEC Design N or H motor. The
exemptions listed at 10 CFR 431.25(l) are: (1) Air-over electric
motors; (2) component sets of an electric motor; (3) liquid-cooled
electric motors; (4) submersible electric motors; and (5) inverter-
only electric motors.
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As a general matter, DOE notes that 42 U.S.C. 6297, as applied to
certain industrial equipment through 42 U.S.C. 6316(a), provides that
Federal preemption applies to testing and labeling requirements of
equipment covered under EPCA.\5\ See 42 U.S.C. 6297(a). Federal
preemption also generally applies to energy use and energy efficiency
or water use of covered products both before and after Federal energy
conservation standards become effective. See 42 U.S.C. 6296(b)-(c). In
the October 2020 NOPR, DOE discussed the historical backdrop of
electric motor regulation and the statutory framework that indicates
that covered equipment specified by Congress (in this case, electric
motors) are subject to Federal preemption regardless of whether Federal
energy conservation standards, labeling requirements, or test
procedures have been established. 85 FR 62816, 62818. Accordingly, DOE
notes that efforts by States to set energy conservation standards, test
procedures, or labeling requirements for DPPP motors--or any other
electric motor--are preempted as a matter of law.\6\
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\5\ Both pumps (such as DPPPs) and electric motors are treated
as covered industrial equipment under EPCA, thus providing the legal
basis for DOE's authority to regulate these types of equipment. See
42 U.S.C. 6311(1).
\6\ EPCA defines an ``energy conservation standard'' as either a
performance standard prescribing a minimum level of energy
efficiency or a maximum quantity of energy use for a product or a
design requirement for a product. See 42 U.S.C. 6311(18).
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On January 18, 2017, DOE published a direct final rule establishing
energy conservation standards for dedicated-purpose pool pumps
(``DPPPs''). 82 FR 5650 (the ``January 2017 Direct Final Rule'').\7\
Acknowledging comments received in response to the direct final rule in
support of regulating DPPP motors that would serve as replacement
motors to the regulated pool pumps, DOE published a notice of public
meeting and held a public meeting on August 10, 2017, to consider
potential scope, definitions, equipment characteristics, and metrics
for pool pump motors. 82 FR 30845 (July 3, 2017). DOE also requested
comment on potential requirements for pool pump motors in a request for
information (``RFI'') pertaining to test procedures for small electric
motors and electric motors. 82 FR 35468, 35474 (July 31, 2017). On
August 14, 2018, DOE received a petition submitted by a variety of
entities (collectively, the ``Joint Petitioners'') \8\ requesting that
DOE issue a direct final rule to establish prescriptive standards and a
labeling requirement for DPPP motors (``Joint Petition'').\9\ The Joint
Petitioners sought a compliance date of July 19, 2021, to align with
the standards compliance date for DPPPs. (Id.) See also 82 FR 24218
(May 26, 2017). DOE published a notice of the Joint Petition and sought
comment on whether to proceed with the proposal, as well as any data or
information that could be used in DOE's determination of whether to
issue a direct final rule. 83 FR 45851 (September 11, 2018).\10\
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\7\ DOE confirmed the adoption of the standards and the
effective date and compliance date in a notice published on May 26,
2017. 82 FR 24218. DOE also established a test procedure for DPPPs.
82 FR 36858 (August 7, 2017).
\8\ The Joint Petitioners are: The Association of Pool & Spa
Professionals, Alliance to Save Energy, American Council for an
Energy-Efficient Economy, Appliance Standards Awareness Project,
Arizona Public Service, California Energy Commission, California
Investor Owned Utilities, Consumer Federation of America, Florida
Consumer Action Network, Hayward Industries, National Electrical
Manufacturers Association, Natural Resources Defense Council, Nidec
Motor Corporation, Northwest Power and Conservation Council, Pentair
Water Pool and Spa, Regal Beloit Corporation, Speck Pumps, Texas
ROSE (Ratepayers' Organization to Save Energy), Waterway Plastics,
WEG Commercial Motors, and Zodiac Pool Systems.
\9\ The Joint Petition is available at <a href="http://www.regulations.gov/document?D=EERE-2017-BT-STD-0048-0014">www.regulations.gov/document?D=EERE-2017-BT-STD-0048-0014</a>.
\10\ Docket No. EERE-2017-BT-STD-0048, available at:
<a href="http://www.regulations.gov/docket?D=EERE-2017-BT-STD-0048">www.regulations.gov/docket?D=EERE-2017-BT-STD-0048</a>.
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On December 12, 2018, representatives from APSP, NEMA, Nidec
Motors, Regal Beloit, and Zodiac met with DOE to reiterate the need for
implementation of the Joint Petition. (December 2018 Ex Parte Meeting,
No. 42 at p. 1) \11\ On February 5, 2019, the Association of Pool & Spa
Professionals (``APSP''), National Electrical Manufacturers Association
(``NEMA''), Hayward, Pentair, Nidec Motors, Regal Beloit, WEG
Commercial Motors, and Zodiac Pool Systems met with DOE to present an
alternative approach to the Joint Petition, suggesting DOE propose a
labeling requirement for DPPP motors. (February 2019 Ex Parte Meeting,
No. 43 at p. 1) \12\ These interested parties specifically requested
that DOE base the labeling requirement on a newly-available industry
standard for pool pump motors published on July 1, 2019 (UL 1004-
10:2019, ``Pool Pump Motors''), a design standard that incorporates
some of the proposals contained in the Joint Petition. (February 2019
Ex Parte Slides, No. 43 at pp. 9-10) A follow-up memorandum was
submitted to DOE on March 1, 2019, providing additional information
related to UL 1004-10:2019. (March 2019 Ex Parte Memo, No. 44) The
interested parties noted the timelines and costs that would be involved
in
[[Page 40768]]
applying a label to the affected pool pump motors and the impacts
flowing from past labeling efforts. (See generally Id. at 1-3.)
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\11\ With respect to each of the ex parte communications noted
in this document, DOE posted a memorandum submitted by the
interested party/parties that summarized the issues discussed in the
relevant meeting as well as its date and attendees, in compliance
with DOE's Guidance on Ex Parte Communications. 74 FR 52795-52796
(Oct. 14, 2009). The memorandum of the meeting as well as any
documents given to DOE employees during the meeting were added to
the docket as specified in that guidance. See Id. at 74 FR 52796.
\12\ The parenthetical reference provides a reference for
information located in the docket of DOE's rulemaking to develop the
test procedure requirements for DPPP motors. (Docket No. EERE-2017-
BT-STD-0008, which is maintained at <a href="http://www.regulations.gov/#!docketDetail">www.regulations.gov/#!docketDetail</a>;D=EERE-2017-BT-STD-0008). The references are arranged
as follows: (commenter, comment docket ID number, page of that
document).
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On October 5, 2020, DOE published a NOPR proposing to establish a
test procedure and an accompanying labeling requirement for DPPP
motors. 85 FR 62816. (``October 2020 NOPR'') Specifically, DOE proposed
to incorporate by reference UL Standard 1004-10:2019 ``Outline of
Investigation for Pool Pump Motors'' (``UL 1004-10:2019'') pertaining
to DPPP definitions and marking requirements; require the use of CSA
C747-09 (R2014), ``Energy Efficiency Test Methods for Small Motors''
(``CSA C747-09'') for testing the energy efficiency of DPPP motors;
require the nameplate of a subject DPPP motor (1) to include the full-
load efficiency of the motor as determined under the proposed test
procedure, and (2) if the DPPP motor is certified to UL-1004-10:2019,
to include the statement, ``Certified to UL 1004-10:2019''; require
that catalogs and marketing materials include the full-load efficiency
of the motor; require manufacturers to notify DOE of the subject DPPP
motor models in current production (according to the manufacturer's
model number) and whether the motor model is certified to UL 1004-
10:2019; and require manufacturers to report to DOE the full-load
efficiency of the subject DPPP motor models as determined pursuant to
the proposed test procedure. Additionally, if a DPPP motor model is
certified to UL 1004-10:2019, DOE proposed to require manufacturers to
report the total horsepower and speed configuration of the motor model
as provided on the nameplate pursuant to the UL certification. 85 FR
62816, 62820.
DOE received comments in response to the proposed test procedure
and labeling requirements in the October 2020 NOPR from the interested
parties listed in Table I.1.
Table I-1--October 2020 NOPR Written Comments
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Reference in this
Commenter(s) NOPR Commenter type
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Anonymous........................ Anonymous......... NA.
Appliance Standards Awareness ASAP, CFA, and Efficiency
Project, Consumer Federation of FCAN. Organizations.
America, Florida Consumer Action
Network.
California Energy Commission..... CEC............... State agency.
California Investor-Owned CA IOUs........... Utilities.
Utilities.
Fluidra.......................... Fluidra........... Pool Pump
Manufacturer.
Hayward Industries, Inc.......... Hayward........... Pool Pump
Manufacturer.
Natural Resources Defense Council NRDC.............. Efficiency
Organization.
Nidec Motor Corporation.......... Nidec............. Motor
Manufacturer.
Northwest Energy Efficiency NEEA and NWPCC.... Efficiency
Alliance and Northwest Power and Organizations.
Conservation Council.
Pentair Water Pool and Spa, Inc.. Pentair........... Pool Pump
Manufacturer.
Regal Beloit America, Inc........ Regal Beloit...... Motor
Manufacturer.
Speck Pumps...................... Speck Pumps....... Pool Pump
Manufacturer.
The Pool & Hot Tub Alliance and PHTA and NEMA..... Trade
National Electrical Association.
Manufacturers Association.
Underwriters Laboratory LLC...... UL................ Laboratory.
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In this final rule, DOE is not establishing a labeling requirement.
DOE intends to address labeling separately. DOE may also consider
energy conservation standards, but would do so separate from this
rulemaking. Comments received specific to labeling or regarding energy
conservation standards will be addressed, as appropriate to the extent
that DOE addresses either of these issues in a separate notice or
notices.
The UL 1004-10:2019 standard referenced in the October 2020 NOPR
has since been replaced by an American National Standards Institute
(``ANSI'') approved 2020 version published on February 28, 2020. This
version was ANSI-approved on January 23, 2020 and therefore, the latest
version of the standard is UL 1004-10:2020 ``Standard for Safety for
Pool Pump Motors'' (edition date February 28, 2020).
II. Synopsis of the Final Rule
In this final rule, DOE is establishing a test procedure for DPPP
motors. DOE is not, however, establishing separate labeling
requirements or energy conservation standards for the DPPP motors
within scope of the test procedure established in this final rule.
In this final rule, DOE establishes subpart Z within 10 CFR part
431, ``Dedicated-Purpose Pool Pump Motors,'' which:
<bullet> Specifies that the test procedure applies to ``subject
DPPP motors'' (i.e., DPPP motors with a total horsepower (``THP'') of
less than or equal to 5, but does not apply to: (i) DPPP motors that
are polyphase motors capable of operating without a drive and
distributed in commerce without a drive that converts single-phase
power to polyphase power; (ii) waterfall pump motors; (iii) rigid
electric spa pump motors, (iv) storable electric spa pump motors; (v)
integral cartridge-filter pool pump motors, and (vi) integral sand-
filter pool pump motors);
<bullet> Incorporates by reference UL 1004-10:2020 ``Standard for
Safety for Pool Pump Motors'' (``UL 1004-10:2020'') and reference the
definitions of that industry standard; and
<bullet> Incorporates by reference CSA C747-09 as the energy
efficiency test method for DPPP motors.
The effective date for the amended test procedures adopted in this
final rule is 30 days after publication of this document in the Federal
Register.
DOE notes that the use of the test procedure would not be required
for Federal certification or labeling purposes until such time as DOE
were to establish a label requirement or standards for DPPP motors,
(see 42 U.S.C. 6315(d); 42 U.S.C. 6316(a); 42 U.S.C. 6295(s)))
Accordingly, DOE concludes that this test procedure final rule would
not impose added costs for DPPP motor manufacturers. DOE notes that,
outside of these contexts, effective 180 days after an applicable test
procedure for covered equipment is prescribed, any other
representations by manufacturers, distributors, retailers, and private
labelers about the energy consumption or cost of energy for these
motors must be based on the use of that test procedure. (See 42 U.S.C.
6314(d)(1))
[[Page 40769]]
III. Discussion
A. Scope of Applicability
In the October 2020 NOPR, DOE proposed the scope of the test
procedure and labeling requirements for DPPP motors to align with the
scope of motors used in pool pumps that are subject to the standards
and for which DOE has established an energy performance
requirement,\13\ both in terms of capacity and categories of equipment
(with the six exemptions). 85 FR 62816, 62820. See also 10 CFR 431.465.
In response to the October 2020 NOPR, NEMA and PHTA supported
establishing test procedures and a mandatory labeling requirements for
the pool pump motors proposed in scope. (NEMA and PHTA, No. 57 at p. 4)
Fluidra, Hayward, Nidec, Pentair, Regal Beloit and Speck Pumps-Pool
Products all supported NEMA and PHTA's comment regarding scope.\14\
(Fluidra, No. 56 at p. 1; Hayward, No. 62 at p. 2; Nidec, No. 58;
Pentair, No. 67 at p. 1; Regal Beloit, No. 61 at p. 1; Speck Pumps-Pool
Products, No. 65 at p. 1)
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\13\ Integral cartridge filter pool pumps and integral sand
filter pool pumps subject to standards do not have energy
performance requirements. Instead, they must be distributed in
commerce with a pool pump timer that is either integral to the pump
or a separate component that is shipped with the pump. 10 CFR
431.465(g).
\14\ Fluidra, Hayward, Nidec, Pentair, Regal Beloit and Speck
Pumps-Pool Products commented in support of the comments submitted
by NEMA and PHTA except where noted otherwise in this notice
(Fluidra, No. 56 at p. 1; Hayward, No. 62 at p. 1; Nidec, No. 58;
Pentair, No. 67 at p. 2; Regal Beloit, No. 61 at p. 1; Speck Pumps-
Pool Products, No. 65 at p. 1)
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The scope of this final rule is that, as proposed in the October
2020 NOPR. See 85 FR 62816, 62820-62821. As noted, this final rule does
not establish a labeling requirement. The scope of this test procedure
is all pool pump motors with a THP less than or equal to 5 THP, and
excludes six categories of motors that correspond to the kinds of
motors used in pool pumps for which DOE has not established performance
standards. See 10 CFR 431.465. DOE notes that DPPP motors are not small
electric motors as defined under EPCA.\15\ Therefore, the test
procedure requirements apply to DPPP motors regardless of how the
equipment is sold: i.e., whether incorporated in a DPPP or sold
separately as a replacement part. The scope is the same as the scope
recommended by the Joint Petitioners, which includes pool pump motors
regardless of how they are sold--i.e., incorporated in pool pumps,
individually sold, and without regard to whether the motor is
manufactured domestically or imported. 83 FR 45851, 45855. The scope is
also the same as the scope of UL 1004-10:2020. (See UL 1004-10:2020
sec. 1.2, 1.3, 1.4) The exemptions, for which definitions are provided
in UL 1004-10:2020, are listed as follows:
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\15\ DPPP motors are not general-purpose motors and therefore do
not meet the definition of small electric motors. 10 CFR 431.442.
Certain DPPP motors have similar characteristics to small electric
motors. They can be single-speed, NEMA 2-digit frame size, have open
enclosures and can either be capacitor-start induction-run,
capacitor-start capacitor-run or polyphase motors. However, these
DPPP motors do not meet all the performance requirements in section
1.05 of NEMA MG1-1987 for general purpose motors (i.e. service
factor, breakdown torque, locked rotor torque); and/or are designed,
marketed for use in pool pump application, or both. Therefore, they
do not meet the definition of a small electric motor. Accordingly,
EPCA's exclusion of small electric motors that are a component of a
covered product or equipment type from the small electric motors
energy conservation standards does not apply to DPPP motors. See 42
U.S.C. 6317(b)(3).
---------------------------------------------------------------------------
<bullet> Polyphase motors capable of operating without a drive and
distributed in commerce without a drive that converts single-phase
power to polyphase power,
<bullet> waterfall pump motors,
<bullet> rigid electric spa pump motors,
<bullet> storable electric spa pump motors,
<bullet> integral cartridge-filter pool pump motors, and
<bullet> integral sand-filter pool pump motors.
The upper limit of 5 THP approximates the scope of the pool pumps
subject to standards at 10 CFR 431.465(f), which has an upper bound of
2.5 hydraulic horsepower (``HHP'').\16\ DOE already defines the term
``dedicated-purpose pool pump motor total horsepower'' at 10 CFR
431.462 and establishes how it is determined in section E.3.4 of 10 CFR
part 431, subpart Y, appendix C. This approach is identical to the
characterization of DPPP motor THP in UL 1004-10:2020 . (See UL 1004-
10:2020, sec. 2.6.) UL 1004-10:2020 also directs that the DPPP motor
THP to be permanently marked on the nameplate. (See UL 1004-10:2020,
sec. 7.1.)
---------------------------------------------------------------------------
\16\ A pool pump providing 2.5 HHP typically operates using a 5
THP motor.
---------------------------------------------------------------------------
The exemption for polyphase motors applies to three-phase motors
operating on three-phase power supply, which means that these motors
are most commonly used in commercial applications and not in
residential ones. (Residential applications commonly use single-phase
power.) The exemptions for polyphase motors do not exempt three-phase
motors operating on a single-phase power supply (by connecting the
motor to a drive that converts single-phase power to three-phase
power). This exemption ensures that DPPP motors used in pool pumps
operating on three-phase power, which are not subject to energy
performance requirements under 10 CFR part 431, subpart Y, are exempt
from the testing requirements. The remaining five exemptions also
exempt DPPP motors used in DPPPs that are not subject to energy
performance requirements under 10 CFR part 431, subpart Y.
As discussed, the scope of the test procedure requirements is
consistent with the scope of motors used in pool pumps that are subject
to standards and for which DOE has set an energy performance
requirement, with the scope of UL 1004-10:2020, and with the scope
recommendations of the Joint Petitioners.
B. Definitions
In the October 2020 NOPR, DOE noted that UL 1004-10:2019 provides
definitions for certain pool pump motors relevant to the marking and
testing specifications provided in that industry test standard. 85 FR
62816, 62821. DOE noted that while UL 1004-10:2019 was referenced in
the Joint Petition, at the time, UL 1004-10:2019 was in the process of
being developed and had not been finalized. Id. (See also Joint
Petition, No. 14 at p.7) DOE presented the main deviations of the
definitions finalized in UL 1004-10:2019 from those recommended by the
Joint Petitioners in Table III-1 of the October 2020 NOPR. 85 FR 62816,
62821-62822. DOE proposed to incorporate by reference definitions from
UL 1004-10:2019 and requested comment on the proposal. 85 FR 62816,
62822.
In response to the October 2020 NOPR, UL commented that the 2019
version of the UL 1004-10 standard referenced in the NOPR has been
replaced by an American National Standards Institute (``ANSI'')
approved 2020 version published on February 28, 2020, which includes
minor editorial changes. UL also provided information on the ANSI
standard approval process, which gathered broader feedback and gained
consensus from several stakeholder types. (UL, No. 63 at pp. 1-2) The
CA IOUs, NEMA and PHTA commented that DOE should incorporate by
reference the UL 1004-10:2020 as it is the most recent version. (CA
IOUs, No. 64 at p. 5; NEMA and PHTA, No. 57 at p. 4) NEMA and PHTA
stated that the definitions in UL 1004-10:2020 were appropriate. NEMA
and PHTA further referenced UL comments regarding the development
process for UL 1004-10:2020, which NEMA and PHTA described as compliant
with section 32 of the Federal Energy
[[Page 40770]]
Administration Act of 1974, as amended by the Federal Energy
Administration Authorization Act of 1977 (15 U.S.C. 788; FEAA). (NEMA
and PHTA, No. 57 at p. 4)
As noted by commenters, UL 1004-10 was ANSI approved on January 23,
2020 and the latest standard is UL 1004-10:2020 ``Standard for Safety
for Pool Pump Motors'' (edition date February 28, 2020). DOE reviewed
UL 1004-10:2020 and only identified minor editorial updates compared to
UL 1004-10:2019 (See UL 1004-10:2020 sec 1.1, 2.1, 3.1, and 3.2) and
did not identify any updates to the definitions. Therefore, in this
final rule, DOE incorporates by reference UL 1004-10:2020 (see section
III.D.3) and references the definitions published in that industry
standard.
In the October 2020 NOPR, DOE also proposed to rely on the term
``manufacturer's model number,'' as currently defined in 10 CFR 431.2,
as the identifier used by a manufacturer to uniquely identify the group
of identical or essentially identical commercial equipment to which a
particular unit belongs and which is generally applicable to commercial
equipment. 85 FR 62816, 62822. The manufacturer's model number
typically appears on equipment nameplates, in equipment catalogs and in
other product advertising literature. 10 CFR 431.2. DOE proposed to
require manufacturers to report to DOE the models in current production
(according to the manufacturer's model number) to which the labeling
requirement applies. 85 FR 62816, 62822. DOE requested comment on the
proposed use of the term ``manufacturer's model number'' as defined at
10 CFR 431.2 for the purpose of reporting to DOE. Id.
NEMA and PHTA commented that a manufacturer's unique identifier is
needed. NEMA and PHTA recommended that a catalog or model number be
used to describe and track subject DPPP motors throughout the rule's
requirements, as using the catalog or model number would significantly
reduce the need for updates to the DOE database. (NEMA and PHTA, No. 57
at p. 5) DOE did not receive any other comments regarding using the
term ``manufacturer's model number.''
DOE proposed a definition of ``manufacturer's model number'' in the
context of the proposed reporting required in conjunction with the
proposed labeling requirement. As DOE is not adopting a labeling
requirement in this final rule, DOE is not adopting the use of the term
``manufacturer's model number'' in this final rule.
C. Test Procedures
As discussed in section I.A.1, EPCA provides for the establishment
of a test procedure for covered equipment. (42 U.S.C. 6314(a)) The test
procedure must be reasonably designed to produce results reflecting the
energy efficiency, energy use, and estimated operating costs of the
covered equipment and not be unduly burdensome to conduct. (42 U.S.C.
6314(a)(2)) While EPCA includes specific test procedure-related
requirements for electric motors, these requirements are limited to
those motors for which standards are applicable. (See 42 U.S.C.
6314(a)(5)) As there are currently no energy conservation standards for
DPPP motors, these specific requirements do not apply.
In the October 2020 NOPR, consistent with the statutory framework,
DOE proposed to incorporate by reference CSA C747-09 (R2014) (published
October 1, 2009 and reaffirmed in 2014) as the prescribed test method
for evaluating the energy efficiency of the pool pump motors in scope.
85 FR 62816, 62822. This industry-based test procedure, which is
already prescribed by DOE as an alternative testing method for
evaluating the efficiency of certain small electric motors, can be
applied to the range of electric motors that are used in DPPPs--
including both single-, two-,multi-, and variable-speed DPPP motors.
CSA C747-09 provides for the direct measurement of electrical input
power to the motor (or to the drive, as applicable) \17\ and mechanical
output power (in the form of torque and speed) from the motor (i.e.,
``input-output'' test), and for the calculation of efficiency as the
ratio of these two values at different load points. 85 FR 62816, 62822.
CSA C747-09 provides that the test method is applicable to motors with
drives (also known as ``inverters'' or ``converters''), such as
variable-speed drives (see Section 1 and Section 4 of CSA C747-09), and
two- and multi-speed motors (see Section 6.6 and 6.7.1 of CSA C747-09),
which is inclusive of the scope of DPPP motors. CSA 747-09 is a
commonly used industry test method that is reasonably designed to
produce results reflecting the energy efficiency, energy use, and
estimated operating cost of DPPP motors and is not unduly burdensome to
conduct.
---------------------------------------------------------------------------
\17\ UL 1004-10:2020 defines a drive as ``a power converter,
such as a variable-speed drive or phase converter'' Section 2.7 of
UL 1004-10:2020.
---------------------------------------------------------------------------
In response to the October 2020 NOPR, CA IOUs, NEMA and PHTA
commented that CSA C747-09 was the appropriate test standard for DPPP
motors and agreed with DOE's proposal to incorporate by reference CSA
C747-09. (CA IOUs, No. 64 at p. 5; NEMA and PHTA, No. 57 at p. 5) DOE
did not receive any comments opposed to the incorporation by reference
of CSA C747-09. Accordingly, in this final rule, DOE incorporates CSA
C747-09 by reference at 10 CFR 431.482 as the prescribed test method
for evaluating the energy efficiency of the pool pump motors in scope.
D. Metric
In the October 2020 NOPR, DOE noted that section 6.5 of CSA C747-09
specifies that the motor efficiency must be measured at no fewer than
five load points \18\ and proposed that the energy efficiency metric
for pool pump motors to be the full-load efficiency,\19\ consistent
with current industry practice. 85 FR 62816, 62822.
---------------------------------------------------------------------------
\18\ As specified in section 6.5 of CSA C747-09, the motor
efficiency is measured at no fewer than five load points in total,
with at least four of which being between 25% and 100% of full-load,
and at least one of which being between 100% and 125% of full-load.
\19\ For variable-speed motors, Section 3 of CSA C747-09 defines
``full-load'' as the rated output power at the speed specified by
the manufacturer. For all other motors, it is defined as the rated
horsepower of the motor (i.e. the horsepower indicated on its
nameplate).
---------------------------------------------------------------------------
The CA IOUs commented that the full-load efficiency metric would
provide consumer utility when combined with the UL certification
because it would indicate that the pool pump would be suitable for use
or replacement in one of those products. (CA IOUs, Public Meeting
Transcript, No. 55 at p. 62)
NEMA and PHTA commented in support of using the full-load
efficiency as determined by CSA C747-09 as the metric. However, NEMA
and PHTA noted that CSA C747-09 measures an efficiency that includes
the losses of both the motor and the drive (or ``control''). As such,
NEMA and PHTA recommended that the metric be described as a ``motor
system efficiency'' (i.e., combined motor and drive efficiency) and not
as a motor efficiency. (NEMA and PHTA, No. 57 at p. 5) CA IOUs also
recommended describing the metric as a motor system efficiency. (CA
IOUs, No. 64 at pp. 5-6)
Nidec, however, commented that full-load efficiency is not an
appropriate metric for pool pump motors and asserted that it does not
capture the energy saving benefits of variable-speed pool pump motors.
Nidec commented that the full-load efficiency of a non-UL 1004-10:2020-
compliant single-speed pool pump motor measured in accordance with CSA
C747-09 could be
[[Page 40771]]
higher than the efficiency of a UL 1004-10:2020-compliant variable-
speed motor, for which the full-load efficiency metric includes the
losses of the integrated drive.\20\ Nidec asserted that requiring a
full-load efficiency metric on the motor nameplate would be confusing
to the end-user and is detrimental to the success of implementing the
rule. (Nidec, No. 58) Similarly, Regal Beloit commented that a full-
load efficiency metric would not be effective in assisting consumers in
making purchasing decisions if single-speed motors are still allowed on
the market. (Regal Beloit, Public Meeting Transcript, No. 55 at pp. 49-
50)
---------------------------------------------------------------------------
\20\ For example, a motor could have a full-load efficiency of
70 percent compared to a motor (70 percent full-load efficiency) and
integrated controls (95 percent full-load efficiency) with a full-
load efficiency of 70 x 95 = 66.5 percent. (Nidec, No. 58)
---------------------------------------------------------------------------
The definitions related to DPPP motors incorporated into this final
rule includes ``variable-speed control DPPP motors.'' A DPPP motor,
including a variable-speed control DPPP motor, may include a drive
which could be physically combined with the motor into a single unit,
may include a drive that is physically separate from the DPPP motor, or
may not include a drive but the motor is unable to operate without a
drive. UL 1004-10:2020 defines a ``drive'' as ``a power converter such
as a variable-speed drive or phase converter.'' (UL 1004-10:2020 sec.
2.7.) The term ``drive'' is used to describe the category of speed
controls used in variable-speed control DPPP motors and certain two-
and multi-speed DPPP motors. (See UL 1004-10:2020 sec. 2.11, 2.15,
2.16.) When testing motors with drives, the drive cannot always be
tested separately from the motor.
As stated, DOE proposed to incorporate by reference CSA C747-09 as
the prescribed test method for evaluating the energy efficiency of the
pool pump motors in scope. 85 FR 62816, 62822-62823. When the motor
requires a drive to operate, CSA C747-09 provides that testing includes
testing of the drive (see Section 4 of CSA C747-09).\21\ Based on its
review of catalogs, DOE has determined that DPPP motors that operate
with a drive, either have an integrated drive, or are sold in
conjunction with a drive (including when the motor is unable to operate
without a drive).\22\ NEMA, PHTA, and the CA IOUs, stated manufacturers
test DPPP motors with drives inclusive of the drive. As such, the
measured full-load efficiency of the DPPP motor includes the efficiency
of the drive if a drive is integrated into the motor, or the motor
cannot operate without the presence of a drive.
---------------------------------------------------------------------------
\21\ CSA C747-09 uses the term ``inverter'' motor and
``converter,'' but as evidenced by the definition in UL 1004-
10:2020, a ``converter'' and drive are synonymous. NEMA MG 1-2016,
``American National Standard for Motors and Generators'' paragraph
30.2.1.5 defines the term ``control'' as ``devices that are also
called inverters and converters''.
\22\ As the DPPP motors are replacement motors, absent a
specific drive identified, the applicable drive would be that in the
dedicated-purpose pool pump for which the motor serves as a
replacement.
---------------------------------------------------------------------------
This final rule maintains the ``full-load efficiency'' as the
description of the metric for DPPP motors. DOE is concerned that the
term ``motor system efficiency,'' or some variant, could be
misunderstood to mean that the measured value includes the efficiency
of components other than the DPPP motor (e.g., as inclusive of the pool
pump). In addition, not all DPPP motors include a drive (e.g., single-
speed DPPP motors).
To address stakeholder concerns regarding the description of the
metric and to reflect the inclusion of the drive, as appropriate, DOE
is clarifying that the measured full-load efficiency of the DPPP motor
is inclusive of the drive if the DPPP motor is placed into commerce
with a drive or is unable to operate without the presence of a drive.
In addition, the provisions of section 4 of CSA C747 would still apply,
and DOE adds that the measured full-load efficiency of the DPPP motor
is also inclusive of the drive if the DPPP motor requires a drive to
operate, regardless of whether the DPPP motor is sold with a drive.
E. Harmonization With Industry Standards
On February 14, 2020, DOE finalized its rule, ``Procedures for Use
in New or Revised Energy Conservation Standards and Test Procedures for
Consumer Products and Commercial/Industrial Equipment'' (``the Process
Rule''). 85 FR 8626. The Process Rule requires DOE to adopt industry
test standards as DOE test procedures for covered products and
equipment, unless such methodology would be unduly burdensome to
conduct or would not produce test results that reflect the energy
efficiency, energy use, water use (as specified in EPCA) or estimated
operating costs of that equipment during a representative use cycle.
Section 8(c) of appendix A 10 CFR part 430 subpart C; 10 CFR 431.4.\23\
In cases where the industry standard does not meet EPCA statutory
criteria for test procedures, DOE will make modifications through the
rulemaking process to these standards as the DOE test procedure.
---------------------------------------------------------------------------
\23\ This practice implements the National Technology Transfer
and Advancement Act and OMB Circular A-119 with respect to the
adoption of industry standards. (See 85 FR 8679-8680).
---------------------------------------------------------------------------
The test procedures for DPPP motors at new subpart Z to part 431
incorporates by reference the test standard CSA C747-09 (reaffirmed in
2014), Energy Efficiency Test Methods for Small Motors, without
modification. CSA C747-09 is an industry-accepted test procedure that
measures the energy efficiency of certain motors, and is applicable to
DPPP motors in scope sold in North America. CSA C747-09 includes
specifications for the test setup, instrumentation, test conduct, and
calculations. DOE also incorporates by reference UL 1004-10:2020,
Standard for Safety for Pool Pump Motors, without modification, to
reference the definitions published in the same standard. UL 1004-
10:2020 establishes definitions and marking requirements for certain
pool pump motors and describes methods to verify the information
conveyed by those required markings.
F. Effective Date
EPCA prescribes that, if DOE establishes or amends a test
procedure, all representations of energy efficiency and energy use,
including those made on marketing materials and product labels, must be
made in accordance with that test procedure, beginning 180 days after
publication of such a test procedure final rule in the Federal
Register. (42 U.S.C. 6314(d)(1))
If DOE were to establish a new, or amend an existing test
procedure, EPCA provides an allowance for individual manufacturers to
petition DOE for an extension of the 180-day period to begin making
representations if the manufacturer may experience undue hardship in
meeting the deadline. (42 U.S.C. 6314(d)(2)) To receive such an
extension, petitions must be filed with DOE no later than 60 days
before the end of the 180-day period and must detail how the
manufacturer will experience undue hardship. (Id.)
DOE received a number of comments involving the effective and
compliance dates focusing on the labeling requirements proposed in the
October 2020 NOPR. As DOE is not finalizing that aspect of the October
2020 NOPR, DOE will address those comments in a future rulemaking
regarding the labeling requirements.
The effective date for the established test procedure will be 30
days after publication of this final rule in the Federal Register. The
test procedure established in this final rule does not require
manufacturers to test DPPP
[[Page 40772]]
motors for certification of compliance with standards or labeling
requirements. But when manufacturers, distributors, retailers, and
private labelers make any representations respecting the energy
consumption or cost of energy consumed by DPPP motors, such
representations must be made in accordance with the test procedure.
(See 42 U.S.C. 6314(d)(1))
IV. Procedural Issues and Regulatory Review
A. Review Under Executive Order 12866
The Office of Management and Budget (``OMB'') has determined this
test procedure rulemaking does not constitute a ``significant
regulatory action'' under section 3(f) of Executive Order (``E.O.'')
12866, Regulatory Planning and Review, 58 FR 51735 (Oct. 4, 1993).
Accordingly, this action was not subject to review under the Executive
order by the Office of Information and Regulatory Affairs (``OIRA'') in
OMB.
B. Review Under the Regulatory Flexibility Act
The Regulatory Flexibility Act (5 U.S.C. 601 et seq.) requires
preparation of a final regulatory flexibility analysis (FRFA) for any
final rule where the agency was first required by law to publish a
proposed rule for public comment, unless the agency certifies that the
rule, if promulgated, will not have a significant economic impact on a
substantial number of small entities. As required by Executive Order
13272, ``Proper Consideration of Small Entities in Agency Rulemaking,''
67 FR 53461 (August 16, 2002), DOE published procedures and policies on
February 19, 2003, to ensure that the potential impacts of its rules on
small entities are properly considered during the DOE rulemaking
process. 68 FR 7990. DOE has made its procedures and policies available
on the Office of the General Counsel's website: <a href="https://energy.gov/gc/office-general-counsel">https://energy.gov/gc/office-general-counsel</a>.
In this final rule, DOE establishes a test procedure for DPPP
motors. This final rule does not establish a labeling requirement and
DOE intends to address any such labeling requirement in a separate
notice. Further, this final rule does not establish energy conservation
standards for DPPP motors. Were DOE to consider energy conservation
standards for this equipment, it would do so in a separate rulemaking.
DOE reviewed this final rule to establish a test procedure for DPPP
motors under the provisions of the Regulatory Flexibility Act and the
procedures and policies published on February 19, 2003. DOE uses the
Small Business Administration's (SBA) small business size standards to
determine whether manufacturers qualify as small businesses, which are
listed by the North American Industry Classification System (NAICS).
The SBA considers a business entity to be a small business, if,
together with its affiliates, it employs less than a threshold number
of workers specified in 13 CFR part 121. The 2017 NAICS code for DPPP
motors is 335312, motor and generator manufacturing. The threshold
number for NAICS code 335312 is 1,250 employees.\24\ This employee
threshold includes all employees in a business's parent company and any
other subsidiaries.
---------------------------------------------------------------------------
\24\ <a href="http://www.sba.gov/document/support-table-size-standards">www.sba.gov/document/support-table-size-standards</a>. Last
accessed on December 11, 2020.
---------------------------------------------------------------------------
As previously stated, use of the test procedure would not be
required until such time as DOE were to establish a label requirement
or energy conservation standards for DPPP motors. (See, 42 U.S.C.
6315(d) and 42 U.S.C. 6314(a)(5)(A), respectively) Accordingly,
manufacturers would only incur costs if/when DOE were to establish a
labeling and/or energy conservation standards for DPPP motors.
Therefore, DOE estimates that the adopted test procedure would not
result in any DPPP motor manufacturer, large or small, to incur any
additional costs.
Therefore, DOE certifies that the impacts of the adopted test
procedure requirement in this final rule would not have a ``significant
economic impact on a substantial number of small entities,'' and that
the preparation of an FRFA is not warranted. DOE has transmitted the
certification and supporting statement of factual basis to the Chief
Counsel for Advocacy of the Small Business Administration for review
under 5 U.S.C. 605(b).
C. Review Under the Paperwork Reduction Act of 1995
Manufacturers of electric motors must certify to DOE that their
products comply with any applicable energy conservation standards. To
certify compliance, manufacturers must first obtain test data for their
products according to the DOE test procedures, including any amendments
adopted for those test procedures. DOE has established regulations for
the certification and recordkeeping requirements for all covered
consumer products and commercial equipment, including electric motors.
(See generally 10 CFR part 429.) The collection-of-information
requirement for the certification and recordkeeping is subject to
review and approval by OMB under the Paperwork Reduction Act (``PRA'').
This requirement has been approved by OMB under OMB control number
1910-1400. Public reporting burden for the certification is estimated
to average 35 hours per response, including the time for reviewing
instructions, searching existing data sources, gathering and
maintaining the data needed, and completing and reviewing the
collection of information. This final rule does not establish any
certification or recordkeeping requirements on manufacturers.
Notwithstanding any other provision of the law, no person is required
to respond to, nor shall any person be subject to a penalty for failure
to comply with, a collection of information subject to the requirements
of the PRA, unless that collection of information displays a currently
valid OMB Control Number.
D. Review Under the National Environmental Policy Act of 1969
Pursuant to the National Environmental Policy Act of 1969
(``NEPA''), DOE has analyzed this proposed action in accordance with
NEPA and DOE's NEPA implementing regulations (10 CFR part 1021). DOE
has determined that this rule qualifies for categorical exclusion under
10 CFR part 1021, subpart D, appendix A5, because it is an interpretive
rulemaking that does not change the environmental effect of the rule
and meets the requirements for application of a CX. See 10 CFR
1021.410. Therefore, DOE has determined that promulgation of this rule
is not a major Federal action significantly affecting the quality of
the human environment within the meaning of NEPA, and does not require
an Environmental Assessment or an Environmental Impact Statement.
E. Review Under Executive Order 13132, ``Federalism''
Executive Order 13132, ``Federalism,'' 64 FR 43255 (August 4,
1999), imposes certain requirements on agencies formulating and
implementing policies or regulations that preempt State law or that
have federalism implications. The Executive order requires agencies to
examine the constitutional and statutory authority supporting any
action that would limit the policymaking discretion of the States and
to carefully assess the necessity for such actions. The Executive order
also requires agencies to have an accountable process to ensure
meaningful and timely input by State and local officials in the
development of regulatory policies that have federalism implications.
On March 14, 2000, DOE published a statement of policy
[[Page 40773]]
describing the intergovernmental consultation process it will follow in
the development of such regulations. 65 FR 13735. DOE examined this
final rule and determined that it will not have a substantial direct
effect on the States, on the relationship between the National
Government and the States, or on the distribution of power and
responsibilities among the various levels of government. EPCA governs
and prescribes Federal preemption of State regulations as to energy
conservation for the products that are the subject of this final rule.
States can petition DOE for exemption from such preemption to the
extent, and based on criteria, set forth in EPCA. (42 U.S.C. 6297(d))
No further action is required by Executive Order 13132.
F. Review Under Executive Order 12988, ``Civil Justice Reform''
Regarding the review of existing regulations and the promulgation
of new regulations, section 3(a) of Executive Order 12988, ``Civil
Justice Reform,'' 61 FR 4729 (Feb. 7, 1996), imposes on Federal
agencies the general duty to adhere to the following requirements: (1)
Eliminate drafting errors and ambiguity; (2) write regulations to
minimize litigation; (3) provide a clear legal standard for affected
conduct rather than a general standard; and (4) promote simplification
and burden reduction. Section 3(b) of Executive Order 12988
specifically requires that Executive agencies make every reasonable
effort to ensure that the regulation (1) clearly specifies the
preemptive effect, if any; (2) clearly specifies any effect on existing
Federal law or regulation; (3) provides a clear legal standard for
affected conduct while promoting simplification and burden reduction;
(4) specifies the retroactive effect, if any; (5) adequately defines
key terms; and (6) addresses other important issues affecting clarity
and general draftsmanship under any guidelines issued by the Attorney
General. Section 3(c) of Executive Order 12988 requires executive
agencies to review regulations in light of applicable standards in
sections 3(a) and 3(b) to determine whether they are met or it is
unreasonable to meet one or more of them. DOE has completed the
required review and determined that, to the extent permitted by law,
this final rule meets the relevant standards of Executive Order 12988.
G. Review Under the Unfunded Mandates Reform Act of 1995
Title II of the Unfunded Mandates Reform Act of 1995 (``UMRA'')
requires each Federal agency to assess the effects of Federal
regulatory actions on State, local, and Tribal governments and the
private sector. Public Law 104-4, sec. 201 (codified at 2 U.S.C. 1531).
For a regulatory action resulting in a rule that may cause the
expenditure by State, local, and Tribal governments, in the aggregate,
or by the private sector of $100 million or more in any one year
(adjusted annually for inflation), section 202 of UMRA requires a
Federal agency to publish a written statement that estimates the
resulting costs, benefits, and other effects on the national economy.
(2 U.S.C. 1532(a), (b)) The UMRA also requires a Federal agency to
develop an effective process to permit timely input by elected officers
of State, local, and Tribal governments on a proposed ``significant
intergovernmental mandate,'' and requires an agency plan for giving
notice and opportunity for timely input to potentially affected small
governments before establishing any requirements that might
significantly or uniquely affect small governments. On March 18, 1997,
DOE published a statement of policy on its process for
intergovernmental consultation under UMRA. 62 FR 12820; also available
at <a href="https://energy.gov/gc/office-general-counsel">https://energy.gov/gc/office-general-counsel</a>. DOE examined this
final rule according to UMRA and its statement of policy and determined
that the rule contains neither an intergovernmental mandate, nor a
mandate that may result in the expenditure of $100 million or more in
any year, so these requirements do not apply.
H. Review Under the Treasury and General Government Appropriations Act,
1999
Section 654 of the Treasury and General Government Appropriations
Act, 1999 (Public Law 105-277) requires Federal agencies to issue a
Family Policymaking Assessment for any rule that may affect family
well-being. This final rule will not have any impact on the autonomy or
integrity of the family as an institution. Accordingly, DOE has
concluded that it is not necessary to prepare a Family Policymaking
Assessment.
I. Review Under Executive Order 12630
DOE has determined, under Executive Order 12630, ``Governmental
Actions and Interference with Constitutionally Protected Property
Rights'' 53 FR 8859 (March 18, 1988), that this regulation will not
result in any takings that might require compensation under the Fifth
Amendment to the U.S. Constitution.
J. Review Under Treasury and General Government Appropriations Act,
2001
Section 515 of the Treasury and General Government Appropriations
Act, 2001 (44 U.S.C. 3516 note) provides for agencies to review most
disseminations of information to the public under guidelines
established by each agency pursuant to general guidelines issued by
OMB. OMB's guidelines were published at 67 FR 8452 (Feb. 22, 2002), and
DOE's guidelines were published at 67 FR 62446 (Oct. 7, 2002). Pursuant
to OMB Memorandum M-19-15, Improving Implementation of the Information
Quality Act (April 24, 2019), DOE published updated guidelines which
are available at <a href="http://www.energy.gov/sites/prod/files/2019/12/f70/DOE%20Final%20Updated%20IQA%20Guidelines%20Dec%202019.pdf">www.energy.gov/sites/prod/files/2019/12/f70/DOE%20Final%20Updated%20IQA%20Guidelines%20Dec%202019.pdf</a>. DOE has
reviewed this final rule under the OMB and DOE guidelines and has
concluded that it is consistent with applicable policies in those
guidelines.
K. Review Under Executive Order 13211
Executive Order 13211, ``Actions Concerning Regulations That
Significantly Affect Energy Supply, Distribution, or Use,'' 66 FR 28355
(May 22, 2001), requires Federal agencies to prepare and submit to OMB,
a Statement of Energy Effects for any significant energy action. A
``significant energy action'' is defined as any action by an agency
that promulgated or is expected to lead to promulgation of a final
rule, and that (1) is a significant regulatory action under Executive
Order 12866, or any successor order; and (2) is likely to have a
significant adverse effect on the supply, distribution, or use of
energy; or (3) is designated by the Administrator of OIRA as a
significant energy action. For any significant energy action, the
agency must give a detailed statement of any adverse effects on energy
supply, distribution, or use if the regulation is implemented, and of
reasonable alternatives to the action and their expected benefits on
energy supply, distribution, and use.
This regulatory action is not a significant regulatory action under
Executive Order 12866. Moreover, it would not have a significant
adverse effect on the supply, distribution, or use of energy, nor has
it been designated as a significant energy action by the Administrator
of OIRA. Therefore, it is not a significant energy action, and,
accordingly, DOE has not prepared a Statement of Energy Effects.
[[Page 40774]]
L. Review Under Section 32 of the Federal Energy Administration Act of
1974
Under section 301 of the Department of Energy Organization Act
(Public Law 95-91; 42 U.S.C. 7101), DOE must comply with section 32 of
the Federal Energy Administration Act of 1974, as amended by the
Federal Energy Administration Authorization Act of 1977. (15 U.S.C.
788; FEAA) Section 32 essentially provides in relevant part that, where
a proposed rule authorizes or requires use of commercial standards, the
notice of proposed rulemaking must inform the public of the use and
background of such standards. In addition, section 32(c) requires DOE
to consult with the Attorney General and the Chairman of the Federal
Trade Commission (FTC) concerning the impact of the commercial or
industry standards on competition.
The modifications to the test procedure for DPPP motors adopted in
this final rule incorporates testing methods contained the following
commercial standards: UL 1004-10:2020 and CSA C747-09. DOE has
evaluated these standards and is unable to conclude whether it fully
complies with the requirements of section 32(b) of the FEAA (i.e.,
whether it was developed in a manner that fully provides for public
participation, comment, and review.) DOE has consulted with both the
Attorney General and the Chairman of the FTC about the impact on
competition of using the methods contained in these standards and has
received no comments objecting to their use.
M. Congressional Notification
As required by 5 U.S.C. 801, DOE will report to Congress on the
promulgation of this rule before its effective date. The report will
state that it has been determined that the rule is not a ``major rule''
as defined by 5 U.S.C. 804(2).
N. Description of Materials Incorporated by Reference
In this final rule, DOE incorporates by reference the test standard
published by CSA, titled, Energy Efficiency Test Methods for Small
Motors, CSA C747-09 (reaffirmed in 2014, including Update 1). CSA C747-
09 is an industry-accepted test procedure that measures the energy
efficiency of certain motors, and is applicable to pool pump motors in
scope sold in North America. The test procedure references various
sections of CSA C747-09 that address test setup, instrumentation, test
conduct, and calculations. CSA C747-09 is readily available at CSA's
website at https://<a href="http://webstore.ansi.org/standards/csa/csac74709">webstore.ansi.org/standards/csa/csac74709</a>.
In this final rule, DOE also incorporates by reference the standard
published by UL, titled, Standard For Safety for Pool Pump Motors, UL
1004-10:2020. UL 1004-10:2020 establishes definitions for certain pool
pump motors and describes methods to verify the information conveyed by
those required markings. UL 1004-10:2020 is readily available at UL's
website at <a href="http://www.shopulstandards.com/ProductDetail.aspx?productId=UL1004-10_1_S_20200228">www.shopulstandards.com/ProductDetail.aspx?productId=UL1004-10_1_S_20200228</a>.
V. Approval of the Office of the Secretary
The Secretary of Energy has approved publication of this final
rule.
List of Subjects in 10 CFR Part 431
Administrative practice and procedure, Confidential business
information, Energy conservation test procedures, Incorporation by
reference, Reporting and recordkeeping requirements.
Signing Authority
This document of the Department of Energy was signed on July 19,
2021, by Kelly Speakes-Backman, Principal Deputy Assistant Secretary
and Acting Assistant Secretary for Energy Efficiency and Renewable
Energy, pursuant to delegated authority from the Secretary of Energy.
That document with the original signature and date is maintained by
DOE. For administrative purposes only, and in compliance with
requirements of the Office of the Federal Register, the undersigned DOE
Federal Register Liaison Officer has been authorized to sign and submit
the document in electronic format for publication, as an official
document of the Department of Energy. This administrative process in no
way alters the legal effect of this document upon publication in the
Federal Register.
Signed in Washington, DC, on July 20, 2021.
Treena V. Garrett,
Federal Register Liaison Officer, U.S. Department of Energy.
For the reasons stated in the preamble, DOE amends part 431 of
chapter II of title 10, Code of Federal Regulations as follows:
PART 431--ENERGY EFFICIENCY PROGRAM FOR CERTAIN COMMERCIAL AND
INDUSTRIAL EQUIPMENT
0
1. The authority citation for part 431 continues to read as follows:
Authority: 42 U.S.C. 6291-6317; 28 U.S.C. 2461 note.
0
2. Section 431.11 is amended by adding a sentence at the end of the
paragraph to read as follows:
Sec. 431.11 Purpose and scope.
* * * This subpart does not cover electric motors that are
``dedicated-purpose pool pump motors,'' which are addressed in subpart
Z of this part.
0
3. Section 431.441 is amended by adding a sentence at the end of the
paragraph to read as follows:
Sec. 431.441 Purpose and scope.
* * * This subpart does not cover electric motors that are
``dedicated-purpose pool pump motors,'' which are addressed in subpart
Z of this part.
0
4. Add subpart Z, consisting of Sec. Sec. 431.481 through 431.484, to
read as follows:
Subpart Z--Dedicated-Purpose Pool Pump Motors
Sec.
431.481 Purpose and scope.
431.482 Materials incorporated by reference.
431.483 Definitions.
431.484 Test procedure.
Sec. 431.481 Purpose and scope.
(a) Purpose. This subpart contains definitions and test procedures
requirements for electric motors that are dedicated-purpose pool pump
motors, pursuant to Part A-1 of Title III of the Energy Policy and
Conservation Act, as amended, 42 U.S.C. 6311-6317. It also identifies
materials incorporated by reference in this part. This subpart does not
cover other ``electric motors,'' which are addressed in subpart B of
this part, nor does it cover ``small electric motors,'' which are
addressed in subpart X of this part.
(b) Scope. The requirements of this subpart apply to dedicated-
purpose pool pump motors, as specified in paragraphs 1.2, 1.3 and 1.4
of UL 1004-10:2020 (incorporated by reference, see Sec. 431.482).
(c) Incorporation by reference. In Sec. 431.482, DOE incorporates
by reference entire standards for use in this subpart; however, only
the provisions of the document enumerated in an approved section are
applicable within Sec. 431.482.
Sec. 431.482 Materials incorporated by reference.
(a) General. Certain material is incorporated by reference into
this subpart with the approval of the Director of the Federal Register
in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. To enforce any
edition
[[Page 40775]]
other than that specified in this section, DOE must publish a document
in the Federal Register and the material must be available to the
public. Standards can be obtained from the sources in this section. All
approved material is available for inspection at the U.S. Department of
Energy, Office of Energy Efficiency and Renewable Energy, Building
Technologies Program, sixth Floor, 950 L'Enfant Plaza SW, Washington,
DC 20024, (202) 586-2945, <a href="https://www.energy.gov/eere/buildings/appliance-and-equipment-standards-program">https://www.energy.gov/eere/buildings/appliance-and-equipment-standards-program</a>, and may be obtained from the
other sources in this section. It is also available for inspection at
the National Archives and Records Administration (NARA). For
information on the availability of this material at NARA, email:
<a href="/cdn-cgi/l/email-protection#3a5c5f5e485f5d14565f5d5b567a545b485b145d554c"><span class="__cf_email__" data-cfemail="3a5c5f5e485f5d14565f5d5b567a545b485b145d554c">[email protected]</span></a>, or go to: <a href="http://www.archives.gov/federal-register/cfr/ibr-locations.html">www.archives.gov/federal-register/cfr/ibr-locations.html</a>.
(b) CSA. Canadian Standards Association, Sales Department, 5060
Spectrum Way, Suite 100, Mississauga, Ontario, L4W 5N6, Canada, 1-800-
463-6727, or <a href="https://www.csagroup.org/store">https://www.csagroup.org/store</a>.
(1) CSA C747-09 (Reaffirmed 2014) (``CSA C747-09''), ``Energy
efficiency test method for small motors'' as revised through August
2016, including Update No. 1; IBR approved for Sec. 431.484.
(2) [Reserved]
(c) UL. Underwriters Laboratories, 333 Pfingsten Road, Northbrook,
IL 60062, (841) 272-8800, or go to <a href="https://www.ul.com">https://www.ul.com</a>.
(1) UL 1004-10 (1004-10:2020), ``Standard for Safety for Pool Pump
Motors,'' First Edition, Dated February 28, 2020; IBR approved for
Sec. Sec. 431.481 and 431.483.
(2) [Reserved]
Sec. 431.483 Definitions.
The definitions applicable to this subpart are defined in Section 2
``Glossary'' of UL 1004-10:2020 (incorporated by reference, see Sec.
431.482).
Sec. 431.484 Test procedure.
(a) Scope. Pursuant to section 343(a) of EPCA, this section
provides the test procedures for measuring the efficiency of dedicated-
purpose pool pump motors. (42 U.S.C. 6314) For purposes of this part
and EPCA, the test procedures for measuring the efficiency of
dedicated-purpose pool pump motors shall be the test procedure
specified in paragraph (b) of this section.
(b) Testing and calculations. At such time as compliance is
required with a labeling requirement or an energy conservation
standard, the full-load efficiency of each dedicated-purpose pool pump
motor model (inclusive of the drive, if the dedicated-purpose pool pump
motor model is placed into commerce with a drive, or is unable to
operate without the presence of a drive) is determined in accordance
with CSA C747-09, Section 1.6 ``Scope'', Section 3 ``Definitions'',
Section 4 ``General requirements'', Section 5, ``General test
requirements'', and Section 6 ``Test method'' (incorporated by
reference, see Sec. 431.482).
[FR Doc. 2021-15759 Filed 7-28-21; 8:45 am]
BILLING CODE 6450-01-P
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